Last Updated: 12/15/2018
SkiHouseSwap.com (“SHS”) is operated by Better Click Media, LLC (“BCM”). These Terms of Use and Membership are between you and SHS.
These Terms of Use and Membership govern our respective rights and obligations. Please note that your use of SHS membership are also governed by other agreements including the Privacy Policy, which is incorporated into these SHS Terms of Use and Membership (“Terms” ). In case of any conflict among these Terms and the Privacy Policy, these Terms shall govern unless expressly stated herein. By using the SHS as a visitor or a Member (as defined herein), you agree to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SHS AS A GUEST OR AS A MEMBER. BY CONTINUING TO ACCESS OR USE THE SHS OR SERVICES PROVIDED BY SHS, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS.
If you do not agree with these Terms, you do not have the right to access the SHS or utilize any of the services provided by SHS.
A few important points:
- You are only eligible to use the SHS if you are at least eighteen (18) years of age.
- We may update these Terms from time to time and such changes will become applicable to you if you continue to use the SHS at any time after such changes are posted. We will notify you of any changes made to these Terms by changing the “Last Updated” date at the top of these Terms. Review any changes, and if you do not agree to them, please stop using the SHS.
I. DEFINITION OF TERMS
“Agreement” means the agreement between you and us incorporating these Terms and the Privacy Policy, as amended from time to time in the manner set forth herein;
“Swap” means the act of making your home or other accommodation available to another Member, whether Simultaneous, Non-simultaneous, or Long-Term Swap. The types of Swaps that are offered through the SHS can be found here, and are explained in further detail herein:
“Swap Partner” means Members with whom you Swap.
“Host Member” means a Member offering the use of his or her property to another Member pursuant to an Swap agreed to in accordance with these Terms.
“Hosted Member” means a Member using the property belonging to a Host Member pursuant to an Swap agreed to in accordance with Terms.
“Listing” means any property described on the SHS site published by a Member. Listings may include, without limitation, homes, townhomes, flats, condominiums, apartments, boats, RVs, campsites, and any type of property which can reasonably be expected to provide a nightly accommodation and which you have the legal and contractual right to offer. Each Listing has a unique identification number on the SHS.
“Member” is a person who is enrolled in the Club, as defined hereunder.
“Membership” is your membership in the Club.
“We”, “us”, “our,” and the “Club” means SHS; and>
“I”, “you”, “your,” and “yourself” means any Member or Guest who uses any of the SHS and/or accesses the services of the Club.
II. HOW WE USE YOUR INFORMATION
SHS may contain areas in which you may post or submit information (“User Content”). Please review these terms carefully. We reserve the right to remove or refuse any User Content that does not comply with the rules set forth herein.
When using SHS, you agree that you will:
(i) Only post User Content to the SHS if you have all permissions and rights needed to make that content available, including from any individuals who appear or are mentioned in your User Content.
(ii) Not provide false or misleading information to any Guest, Member, or the Club.
(iii) Not post on the SHS, or transmit to other Guests, Members, us, or our employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material or communication, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
(iv) Not use any of the SHS or the Club to violate any applicable law and do not post or send any content or engage in any conduct that subjects any Guest, Member, or us to any threat of civil or criminal penalties.
(v) Not upload or transmit any files that contain viruses, corrupted files, Trojan horses, malicious code, or any other similar software or programs that may harm the operation of another’s computer or gain otherwise unauthorized access to the computer.
(vi) Not advertise to or solicit other Members or Guests to buy or sell any products or services. Any attempt to collect or use email addresses from Members and email individual Members or groups of Members other than for the purpose of arranging an Swap between Members is in violation of these Terms of Use.
(vii) Not accept payment from a third party in Swap for performing any commercial activity on the SHS in violation of these Terms without SHS’s express permission.
(viii) Not impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
You further agree that:
(i) You assume all liability for your use of any information appearing on any of the SHS.
(ii) You have the authority to enter into this Agreement, to post your Listing and to offer it for Swap.
(iii) You are solely responsible for your communications and relationship with other Members.
(iv) SHS reserves its right to sign out, terminate, delete, or purge your Listing and related information from the SHS and our servers if you have not signed in to the service for a particular period of time, as determined by us, in our sole discretion.
Any web address or URL links must be approved by SHS. Email addresses and other contact information must reside only in the authorized locations within the Listing. All other references to specific web addresses, SHS, email addresses or phone numbers may be removed without notice.
III. CLUB SERVICES
Members. Only Members can use the SHS to arrange for and register Swaps. Members also are entitled to certain services subject to these Terms, including the right to access the SHS, create Listings, save searches, and contact other Members.
Guest. If you have not elected to join as a Member but use the SHS, you do so as a Guest of the Club (a “Guest”). Guests may be offered access to privileges that are similar to those offered to Members, but such access may be limited by the Club, in its sole and absolute discretion. For instance, Guests will be allowed limited rights to browse the SHS, but will not be able to initiate Swaps. When using any of the SHS or Club services, Guests agree to comply with all of the requirements herein.
Listing Property. Only active Members can create a listing offering their property for an Swap (“Listing”). Members can list permanent residences and vacation homes. The Club relies on the integrity and responsibility of the Members who choose to list their property and is only responsible for publishing their Listings on the SHS. The Club does not verify the existence or accuracy of the description of any Listing and does not guarantee an Swap of any kind other than as explicitly set forth on the SHS.
Sending and Receiving Inquiries. Only active Members can send and receive inquiries about Swaps.
IV. ELIGIBILITY
You are not eligible for Membership in the Club if you are under the age of eighteen (18) or you are otherwise incapable of forming a legally binding contract. Your Membership is for your sole, personal use. Companies and businesses may not be Members.
V. MEMBERSHIP TERMS AND CONDITIONS.
You may not authorize others to use your Membership, and except as otherwise expressly provided in the Section entitled “Right to Assign” below, you may not assign or otherwise transfer your account to any other person or entity.
A. MEMBER CANCELLATION AND REFUND POLICY
Cancelling within Sixty (60) days. If you decide to cancel your SHS subscription within sixty (60) days after the processing of your payment for your subscription, have not registered or confirmed an Swap and do not have any outstanding Swaps pending, you can do so by clicking on the SHS “Contact Us” link at the bottom of all site pages. Please include the email address associated with your Membership. The cancellation request for a full refund must be received by sixty (60) days after the process of your payment for your subscription to receive a full refund. A full refund for your annual subscription will be refunded to your credit card or PayPal account depending on your payment method within three to five (3-5) business days after your refund is approved. Your subscription service will be terminated immediately upon SHS’s approval of your refund.
Cancelling after Sixty (60) days. If you decide to cancel your SHS subscription more than sixty (60) days after the processing of your payment for your subscription, have not conducted any Swaps during the current Membership, and do not have any outstanding Swaps pending, you can do so by clicking on the SHS “Contact Us” link at the bottom of all site pages and then submitting a cancellation request. Please include the email address associated with your Membership and your Listing identification number in your cancellation request. A prorated refund of your annual subscription will be refunded to your credit card or PayPal account depending on your payment method within three to five (3-5) business days after your refund is approved. The prorated refund amount will be prorated to include the number of days from the date of the approval of your refund to the end of your annual subscription. Your subscription service will be terminated immediately upon SHS’s approval of your refund.
Partial refunds for Improper Charges. If you believe that you have been improperly charged or the amount of your subscription is incorrect, you may request a partial refund within sixty (60) days of your payment of your annual subscription. You can do so by clicking on the SHS “Contact Us” link at the bottom of all site pages and then submitting a request. Please include the email address associated with your Membership in your request. If your partial refund is approved, the partial refund will be refunded to your credit card or PayPal account depending on your payment method within three to five (3-5) business days after your partial refund is approved.
B. PROMOTIONAL TRIAL MEMBERSHIPS
The Club will sometimes offer certain customers various trial or other promotional Memberships, which are subject to these Terms except as otherwise stated in the promotional offers. Trial Members may, at any time, choose not to commit to paid Membership by cancelling prior to the end of the trial period. Trial Members can notify the Club that they choose not to commit to paid Membership by clicking on the SHS “Contact Us” link at the bottom of all site pages and submitting a cancellation request. Please include the email address associated with your Membership in your cancellation request. If a trial offer or a promotion requires you to have a valid payment instrument on file, such as a credit card or other permitted payment method, we may validate that payment method including by requesting a temporary authorization from the financial institution issuing your payment instrument. If we determine that your payment method is invalid, without limiting any of our other rights, we may revoke any benefits, credits or content you may have received as part of the offer.
C. REFUNDS IN THE EVENT OF TERMINATION OF YOUR MEMBERSHIP
As further explained below, we may terminate your Membership at our discretion without notice. If we do so, unless otherwise set forth in these Terms, we will give you a prorated refund based on the number of days remaining in your Membership. However, notwithstanding anything to the contrary set forth herein, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the SHS or Club, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
D. OUR RIGHT TO REFUSE SERVICE AND SUSPEND OR TERMINATE MEMBERSHIP
The Club reserves the right to refuse service to anyone, terminate any Membership, or remove any Listing, for any reason and at any time, at our sole and absolute discretion.
Grounds considered for termination may include, without limitation, behavior the Club considers to be inappropriate, including in connection with the review of any dispute, and any action that we feel compromises the reputation or security of the SHS, adversely affects other Members or their property, or any action that we believe may be detrimental to the Club. The Club further reserves the right to terminate any Membership if it determines, in its sole and absolute discretion, that a Member has violated these Terms; if any information provided by a Member is found to be materially misrepresented, or if a Member’s Listing or actions are in violation of any law or any provision of these Terms, including if such Member’s account has been suspended or terminated in the past.
VI. MEMBERSHIP CODE OF CONDUCT
If you are a Member, you agree to abide by the following Membership Code of Conduct:
A. Listings
(i) You shall not provide false or misleading information to the Club or its Members, and are obligated to accurately describe your Listing on the SHS and in all correspondence with the Club and its Members. All Listings shall reflect an accurate description of the property, including, without limitation, the type, number and size of rooms, and photos or videos of the property. Any interior or exterior photos posted must be of the property offered for Swap, unless specifically indicated. The omission of any detail which a reasonable person may find relevant may be treated the same as an inaccurate description.
(ii) You shall only post information and photographs related to one property on each Listing.
(iii) You shall only post Listings on your own behalf. You shall not post a Listing on behalf of another person.
(iv) You shall not use the SHS or a Listing to offer other properties than those described in your Listing or Listings.
(v) Any Listing you publish on the SHS shall be posted for the exclusive purpose of seeking an Swap with other Members. Renting rooms or homes is not permitted on the SHS(s). Although we recognize that many Members do rent their homes through other peer-to-peer rental sites, renting or any commercial activities are expressly prohibited on the SHS. Listings may not contain details relating to rental or links to rental SHS and Members must not instigate contact with other Members to offer their property for rental or respond to an Swap request with the offer of rental.
(vi) Until you have registered your Swap, you are under no obligation to Swap with any other Member who has contacted you or whom you have contacted. As stated above, an Swap is considered “registered” if the Members have entered into the digital Swap Agreement provided on the SHS by SHS.
(vii) You shall not advertise to or solicit other Members to buy or sell any products or services.
(viii) Any Listing you post shall not breach any agreements you have entered into with any third parties, including but not limited to homeowners’ associations, co-op or condominium boards, landlords, and insurance companies, and must comply with all laws, rules, and regulations applicable to you and your property. You are responsible for investigating and adhering to all local regulations including, but not limited to, permits, licenses, occupancy taxes, zoning, rules and restrictions applicable to co-ops, condominiums, Home Owners Associations, and other common interest developments, and safety compliance.
(ix) You are responsible for ensuring that your Account contains relevant and current contact information including your name, email address and telephone number.
B. Negotiating a Swap
(i) You are expected to be understanding of the small obstacles associated with dealing with personal, cultural and language differences
(ii) You are responsible for conducting your own investigation regarding any and all claims and disclosures made by prospective Swapers, owners or agents, whether or not Members, who have contacted you.
(iii) If you negotiate an Swap on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host Member, and is made aware of and agrees to these Terms and any terms, rules, or restrictions set by the Host Member. If you are registering for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Swap if accompanied by an adult Member who is responsible for them.
(iv) You should carefully review the Listing and any correspondence to ensure that you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness, or other requirements which the Host Member has specified in the Listing or the negotiations. You are required to inform the Host Member of any medical or physical conditions or other circumstances that may impact your and any additional guest’s ability to safely participate in any Swap. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Swap.
(v) Members are prohibited from (1) initiating contact with other Members with offers to rent their homes and (2) responding to Swap inquiries with offers to rent their homes. Correspondence between Members should be for sole purpose of arranging a Swap between and among Members.
(vi) Members are prohibited from discriminating against or harassing anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation, or otherwise engaging in any abusive or disruptive behavior.
C. Registering a Swap/Cancelling a Registered Swap
(i) Members should not register a Swap unless they intend to fulfill that commitment. Cancelling or changing a registered Swap can have financial consequences to you and your Swap Partner. You will honor any and all obligations you make to Swap Partners and use best efforts to mitigate any loss caused by your failure to do so. If, for any reason you cancel or change a registered Swap (with or without justification), you will assist your Swap Partner in making substitute arrangements, finding alternative accommodations, paying reasonable compensation for such accommodations if necessary, and/or by reimbursing your Swap Partner for non-refundable travel expenses. The Club will assist in these efforts if contacted by a Member. However, SHS is in no way responsible for and shall have no obligations to assist with an Swap that is not registered through the SHS. If you fail to fulfill any obligations, as determined in the sole discretion of the Club, your Listing may be removed from the site and your Membership may be permanently canceled, without refund.
D. Responsibilities Towards Swap Partners
(i) Host Members must keep any property subject to an Swap in a clean, sanitary, and livable condition before the arrival of an Swap Partner. Unless expressly stated on the Listing or in the agreement with your Swap Partner, your property must include running water, electricity, and any additional amenity agreed upon with your Swap Partner.
(ii) Host Members must leave detailed instructions for the home and appliances and include emergency contact names and telephone numbers for the Hosted Member. Hosted Members must adhere to all of the Host Member’s instructions during the Swap.
(iii) Swap Partners must adhere to the registered Swap Agreement made between them.
(iv) Swap Partners must treat each other with courtesy and treat each other’s property as they would treat their own.
(v) If you or your guests cause any damage to your Host Member’s property, you must notify the Host Member immediately and compensate your Host Member for any replacement or repair necessitated by such damage.
(vi) You must ensure that the Host Member’s property is fully secured when it is not occupied, including setting any security alarms and abiding by any security instructions left by the Host Member.
(vii) You must leave the Swap no later than the time mutually agreed upon between you and the Host Member. If you stay past the agreed upon checkout time without your Swap Partner’s consent (“Overstay”), you no longer have a license to stay on your Swap Partner’s property and your Swap Partner is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by your Swap Partner, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, any fees reasonably necessary to cover the inconvenience suffered by your Swap Partner, plus all any legal expenses incurred by your Swap Partner to make you leave (collectively, “Overstay Fees”).
(viii) You must leave your Host Member’s property in as good or better condition than you found it.
E. Expectation of Privacy
Members have a reasonable expectation of privacy while exchanging. You expressly agree to disclose the existence of any security cameras or other surveillance equipment on or around your property to your Swap Partners by posting this information on your Listing and/or in your communications. Certain uses of surveillance equipment may violate the law in your jurisdiction. As SHS cannot provide specific legal advice, you agree to familiarize yourself and comply with applicable laws and regulations.
This provision is intended to create a binding legal obligation that may increase your obligations beyond those imposed by the laws in your region. Failure to comply will result in the immediate termination of your Membership and may have serious legal and financial consequences to you.
F. Consequences of a Violation
Should you violate any terms of the Membership Code of Conduct, SHS reserves the right to take certain remedial actions, including but not limited to permanently cancelling your Membership without refund. If your Swap Partner has violated the Membership Code of Conduct or any of these Terms, please contact us at: support@SkiHouseSwap.com
VII. SHS AND CONTENT FOR LIMITED PURPOSES ONLY; PROHIBITION AGAINST SPAM
SHS is a private membership organization, and any information that is exclusively available to Members is private and not in the public domain. All content made available exclusively to Members is for the purpose of arranging home Swaps between Members.
SHS shall not be used for any solicitations or for any commercial use. Data mining of information from SHS and/or collecting or storing Personal Information about Members is strictly prohibited. Any attempt to collect or use Personal Information from Members or contacting Members or groups of Members other than for the purpose of arranging an Swap between Members is in violation of these Terms of Use.
Inquiries and communications may be monitored and filtered by the Club prior to delivery to Members. The Club is not responsible for undelivered inquiries or for missed income as a result of undelivered inquiries.
COMMUNICATIONS SENT BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC MAY BE REVIEWED BY US FOR COMPLIANCE WITH THESE TERMS, BUT WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH CONTENT THAT, IN OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THESE TERMS. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST AND COMMUNICATIONS YOU Swap.
The Club does not participate in or tolerate the sending of Unsolicited Commercial Email (“SPAM”). The Club reserves the right to cancel (without refund) any Member that mentions the Club or any of its associated SHS, URLs, or any associated Club email address in any SPAM message. The Club reserves the right to cancel (without refund) any Member that uses the Club to send any solicitations other than personal Swap requests or replies. Any violation of this paragraph shall subject the violator to severe penalties and you shall indemnify and hold the Club harmless from and against any and all costs and damages incurred by the Club as a result of such violation.
VIII. INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT
A. USER CONTENT
Ownership of Content. User Content is owned by you or whoever created it. By submitting or posting any User Content on SHS, you grant us a non-exclusive, transferable, sublicensable, royalty-free, irrevocable, worldwide license to use, copy, perform, reproduce, promote, publish, display and distribute any User Content and all copyright, in and to, each and every photograph, video, and all information related to your Listing or User Content. You grant these rights to us free of charge and without any commitment of an attribution as to authorship, ownership or other similar reference. You represent and warrant that you have the right to grant the rights and license in this paragraph. Please do not post any User Content unless you have permission from the person who took the picture and anyone who is depicted in the picture. We will be entitled to use your User Content without incurring obligations of confidentiality, attribution, or compensation to you.
Liability. You are responsible for determining whether User Content or information is protected by copyright, trademark, trade secret, right of publicity or other proprietary right. Except for that information which is in the public domain or for which you have been given express written permission you agree not to upload, post, or otherwise transmit any User Content or information protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. We take no responsibility for, we do not expressly or implicitly endorse, and we expressly disclaim any liability for the conduct of any Guests or Members or for any views, opinions or statements expressed in any User Content on SHS. You use SHS and view the User Content strictly at your own risk.
We reserve the right to revoke your use or access to SHS at any time, in our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to the interests of SHS or its subsidiaries and affiliates.
B. SHS CONTENT
Except for User Content, all of the content on SHS – including materials, text, images, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and other content (“SHS Content”) – is owned by SHS or others we license SHS Content from, and is protected under the United States’ and other countries’ copyright laws.
All trademarks, logos, service marks and trade names are owned, registered, and/or licensed by SHS or its parent or affiliate companies.
You agree not to change or delete any ownership notices from materials downloaded or printed from SHS.
You agree not to copy, edit, translate, display, distribute, download, transmit, sell, redistribute, publish, or create derivative works from any content appearing on SHS, including SHS and User Content, without our prior written consent, unless it is your own User Content that you legally post on SHS.
C. COPYRIGHT POLICY
We respect the intellectual property rights of others and require that you do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to the Company’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- A physical signature of the person authorized to act on behalf of the owner of the copyright;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Services;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
SkiHouseSwap.com
Better Click Media, LLC
917 W. Washington Blvd.
Suite 164
Chicago, IL 60607
Phone: 312-725-8111
Email: support@skihouseswap.com
IX. PRIVACY
For additional information about our privacy practices, please read our Privacy Policy.
X. LINKS TO OTHER SHS
SHS may contain links to other sites maintained by third parties. These links are provided only as a convenience to you. SHS, its subsidiaries and affiliated companies have no control over, and are not responsible for any content, products or services offered by or found on third party sites, or their privacy policies. Links to third party sites do not constitute an assumption of liability or sponsorship, endorsement or approval of these sites or the content contained in these sites.
XI. WARRANTY DISCLAIMER
Use of any of SHS and any information obtained from SHS is at your sole risk. The Club makes no guarantees or warranties, either express or implied, regarding any Swap and/or the properties, personal and/or real, included in any Listing or Swap available through SHS. The Club makes no warranty of any kind, express or implied, as to the Listings, Swap Partners, or any other information contained on SHS, including, but not limited to, accuracy and non-infringement. The Club has the right, but not the obligation, to pre-screen, monitor or remove any User Content. The Club uses various tools and procedures designed to screen Members; however, the Club does not perform background checks, require references or its prospects, or accept any obligation to independently verify the information posted by its Members on their Listings. The Club makes no representations or warranties as to the conduct of Members or Guests, or the adequacy of a Member’s property published on a Listing, including as to whether a relationship between Members complies with federal, state, or local laws, third party agreements, or other rules and regulations.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF AND RELIANCE ON ANY INFORMATION OBTAINED FROM OR THROUGH SHS. YOUR USE OF SHS IS AT YOUR OWN RISK. SHS AND ANY FEATURE ON SHS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. SHS AND ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSEES (the “ SHS PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF ANY INFORMATION INCLUDED ON SHS, THE OPERATION OF SHS OR THE INFORMATION, CONTENT, FEATURES, MATERIALS, OR PRODUCTS INCLUDED HEREIN.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHS PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
In no event shall the Club be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of SHS and/or SHS’s services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this service.
XII. LIMITATION OF LIABILITY
SHS PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF SHS OR THE ACCURACY OF ANY INFORMATION INCLUDED HEREIN, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF SHS, ANY DELAYS ON SHS, OR THE INABILITY TO USE SHS, ANY PORTION THEREOF, OR ANY HYPERLINKED SHS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SHS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE THAT SHS DOES NOT CONTROL, IN ANY RESPECT, ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES.
Opinions, advice, statements, offers, or other information or content made available through SHS, but not directly by us, are those of their respective authors, and should not necessarily be relied upon.
WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE, NOR ARE WE RESPONSIBLE FOR, THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN US. UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY PERSON’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS.
Some jurisdictions do not allow the disclaimer, exclusion or limitation of certain warranties, liabilities and damages, so some of the above disclaimers, exclusions and limitations may not apply to you. In such jurisdictions, the liability of SHS Parties will be limited to the fullest extent permitted by applicable law.
XIII. INDEMNIFICATION
You agree to indemnify and hold harmless SHS Parties, from any injury or damage suffered directly or indirectly as a result of the use of your property or use by the Swap Partner of your property and/or your use of the Swap Partner’s property including but not limited to: (i) any claims for injury or damage to person or property arising from a property you own; (ii) any claims for injury or damage to person or property arising from a property transaction to which you are a party; (iii) a violation of these Terms of Use or Privacy Policy by you or anyone using your computer (or Account, where applicable); (iv) a claim that any use of SHS by you or someone using your computer (or Account, where applicable) infringes any property right of any third party; (v) any misrepresentation by you; or (vii) any breach of any Listing, Swap or agreement to be performed by you. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
XIV. MEMBER DISPUTES AND RELEASE
SHS cannot be held responsible for any events that occur as a result of any relationship between Members or Guests using SHS. Any disputes arising from the use of the Club or SHS must be settled between the parties who directly participated in the transaction or other use of the property in question. Members shall use their best efforts to attempt to resolve disputes arising out of or relating to a Swap by amicable discussion. If you have a dispute with one or more of our Members or Guests, you release SHS Parties (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
To contact us regarding a dispute, please email support@skihouseswap.com
XV. THIRD PARTY DISPUTES AND RELEASE
You shall remain solely responsible for any claims, demands, or damages arising out of the breach or violation of third-party agreements or obligations to which you or your property are subject, including but not limited to lease agreements, insurance policies, home owners’ association regulations, condominium or co-op board bylaws, and state and local law. You release SHS Parties from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of in any way connected any third-party agreement or obligations to which you or your property are subject.
XVI. INSURANCE
It is the responsibility of Members to verify their own insurance coverage and the coverage provided by their Swap Partner, including auto, property, and liability. You shall remain solely liable in the event that your participation in a Swap violates an agreement or policy with your insurance provider.
XVII. ARBITRATION AGREEMENT
When you have a problem or dispute with SHS, you agree that you will first give SHS an opportunity to resolve your problem or dispute. For avoidance of doubt, this Section XVII applies to problems or disputes between you and SHS arising from these Terms or our Privacy Policy, and not any dispute between you and other Members or Guests. You may send a written description of your problem or dispute to: support@SHS.com. If for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after SHS’s receipt of your written description of it, you agree to the arbitration provisions below. We will make every reasonable effort to informally resolve any claims, complaints, disputes, or disagreements that you may have with us.
To the extent permitted by applicable law, by agreeing to these Terms and by using SHS, you agree that any dispute between you and SHS, which arises out of or is related to these Terms or our Privacy Policy and is not resolved satisfactorily within sixty (60) days, shall be resolved by arbitration (“Arbitration”) conducted by a retired judge of the superior court or an impartial person chosen from a list supplied by the American Arbitration Association, to hear this matter in Cook County, Illinois, using the American Arbitration rules of Commercial Arbitration (the “Applicable Rules”). The Applicable Rules can be found at www.adr.org/commercial.
YOU AND SHS AGREE THAT ALL CLAIMS SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY.
Either you or SHS may seek any interim or preliminary relief from a court of competent jurisdiction in Chicago, Illinois necessary to protect the rights or property of you SHS pending the completion of Arbitration.
The Arbitration shall be conducted in English. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms (or our Privacy Policy, if necessary) and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator’s decision must include a written explanation and will remain confidential.
If any provision of this agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this Section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). Furthermore, this section shall not prevent any party from seeking provisional remedies in aid of Arbitration from a court of appropriate jurisdiction.
This section shall survive any termination of SHS. In the event that the arbitration provisions above are found not to apply to you or to a particular claim or controversy, either as a result of your decision or as a result of a decision by the arbitrator or a court order, you agree that any claim must be resolved exclusively by a state or federal court located in Cook County, Illinois. You and SHS agree to submit to the personal jurisdiction of the courts located within Cook County, Illinois for the purpose of litigating all such claims or controversies.
Arbitration Opt-Out. YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO ANY PARTICULAR INTERACTION WITH THE PLATFORM, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT-OUT OF THIS PART OF THE AGREEMENT BY SENDING AN EMAIL TO support@skihouseswap.com. Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via Arbitration pursuant to these Terms.
The parties shall be bound by the results of the Arbitration and the Arbitration result shall be final. You agree to service of process by email to the email address you register with the SHS. The parties shall initially both bear their own costs of the Arbitration. The prevailing party in any action arising out of or relating to this Agreement shall be entitled to recover costs, expert witness fees, attorneys’ fees and arbitrator’s fees. VOID WHERE PROHIBITED.
SHS and its contents are intended to comply with the laws and regulations of the United States SHS reserves the right to limit the provision of its services to any person, geographic region, or jurisdiction and/or to limit the quantities of any services we provide. Any offer for any service made on SHS is void where prohibited.
XVIII. GOVERNING LAW
These Terms and our Privacy Policy shall be governed by and construed in accordance with the laws of the State of Illinois, U.S., without respect to its choice of law principles.
If a dispute arises between any Member or Guest regarding SHS or the services of the Club, any legal action will be brought exclusively in Cook County, Illinois, United States of America.
Notwithstanding the foregoing, as a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.
XIX. SEVERABILITY
If any part of these Terms is illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity, or enforceability of the remainder of these Terms will remain in full force and effect.
XX. NO WAIVER
No failure or delay by SHS in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.
XXI. HEADINGS
The headings in these Terms are for convenience only and have no legal or contractual effect.
XXII. ASSIGNMENT
The Club may assign its rights to this Agreement without your consent or notice to you. You may not assign these Terms without the prior written consent of SHS.
XXIII. MODIFICATION
The Club reserves the right to amend, remove, or add to these Terms at any time with or without notice; however, the date on which these Terms have been last updated shall be reflected at the top of this document. Any modification shall be effective immediately. Please review these Terms of Use whenever accessing or using this site.
XXIV. ENTIRE AGREEMENT
These Terms (including the Privacy Policy) constitute the entire agreement between the Club and you with respect to the subject matter hereof and thereof. These Terms (including the Privacy Policy) supersede all prior or simultaneous representations, discussions, negotiations, letters, proposals, agreements, Swaps, and understandings between you and SHS with respect to the subject matter hereof and thereof, whether written or oral.
XXIV. ENTIRE AGREEMENT
If you have any questions or concerns about these Terms, please contact us by email at support@Skihouseswap.com or write us at:
Better Click Media, LLC
917 W. Washington Blvd.
Suite 164
Chicago, IL 60607
