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Whitefish Montana Vacation Rental Terms and ConditionsThe property manager reserves the right to move any reservation into an equal or higher quality unit due to any unforeseen circumstances. No pets without prior authorization. All of our properties are nonsmoking. Cancellations made 30 days prior to arrival will receive a full refund less a $25 service fee. If a cancellation is made between 14 and 30 days prior to the arrival, 50% of the lodging will be retained. Cancellations made within 14 days of arrival will be totally non-refundable. TERMS OF ACCESS AND USE The following are terms of a legal agreement (“Agreement”) between you and Montana West Rentals, LLC, a Montana limited liability company (“Company”). By accessing, browsing and/or otherwise using this web site (“Site”), you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. PAYMENT FOR VACATION RENTALS You are fully responsible for paying to the property owner (or its authorized designee) all rent, fees and other amounts owed by you in connection with your rental of any property listed on the Site. If your selected payment method is via credit card, you agree that upon accepting these Terms of Use, the credit card related to the credit card information submitted by you for payment will be charged for the full cost of the payment. DAMAGES All damages incurred during the time of rental by the fault of the vacation renter, or any of the renters guests, will be replaced or repaired at the sole expense to the renter. Charges for these repairs will be a market value, and will be charged to the renter’s credit card. USE RESTRICTIONS Copyright. All Site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of Company © 2009, ALL RIGHTS RESERVED, or by the original creator of the material. Permission is granted to display, copy, distribute, and download the materials on this Site for personal, noncommercial use only; provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, modify or transmit or make any derivative works of any material on this Site for commercial use without prior written approval of Company. You may not “mirror” any material contained on this Site on any other server without prior written permission from Company. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. Hyperlinks. You are granted a limited, nonexclusive right to create a “hypertext” link to this Site provided that such link is to the entry page of this Site and does not portray the Company or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any Company trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without Company’s express written consent. Links to third party sites on this Site are provided solely as convenience to you. Company may not have fully reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. Company does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party sites. Limited Access. Except as otherwise expressly permitted by Company, any access or attempt to access other areas of the Company computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the Web pages on the Site or the content contained therein without Company’s prior, express, and written permission. You will not spam or send unsolicited e-mail to any other user of the Site for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Company’s infrastructure. INDEMNIFICATION You agree to defend, indemnify and hold harmless the Company and its officers, directors, agents, affiliates, employees, parents and subsidiaries, from any and all liability, loss, damages, costs, expenses, claims, or causes of action, including reasonable legal fees and expenses, arising out of or related to (i) your breach or alleged material breach of this Terms of Use; (ii) any rental or attempted rental by you of the property listed on the Site; (iii) your failure to fully pay any amount related to the rental of an property listed on the Site; or (iv) your use Content obtained from the Site; (v) your use of the Services or access of the Site. LIMITATION OF LIABILITY IN NO EVENT WILL COMPANY, ITS SUPPLIERS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, PROPERTY OWNERS, MANAGERS AND AGENTS, CONTENT PROVIDERS, EMPLOYESS, AGENTS, OFFICERS, MANAGERS OR OTHER THIRD PARTIES MENTIONED AT, IN OR ASSOCIATED WITH THIS SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF RELATING TO THE USE, INABILITY TO USE, OR RESULTING FROM THE USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SERVICES, MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR ANY CLAIMS RELATED TO THE RENTAL OF ANY PROPERTY LISTED ON THE SITE, INCLUDING WITHOUT LIMITATION, CLAIMS AND RELATED DAMAGES AND LOSSES RELATED TO FRAUDULENT LISTING OR RENTING OF PROPERTY; CONDITION AND MAINTENANCE OF LISTED PROPERTY, UNAVAILABILITY OF LISTED PROPERTY AND FAILURE OF LISTED PROPERTY TO CONFORM TO ITS DESCRIPTIONS. REVISIONS TO THIS AGREEMENT Company may revise this Agreement at any time without notice by updating this posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound. TRANSMISSIONS Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Company or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Company will treat personally identifiable information that you submit through the Site in accordance with its Privacy Policy. |