TERMS AND CONDITIONS
Last updated: November 1, 2018
Each Site is operated by My Smoky Mountain Travel, LLC (referred to herein as “MySmokyMountainTravel”, “MySmokyMountainTravel”, “MySmokyMountainTravel” or “its”). The term “you” refers to the User: (i) visiting the Site; (ii) listing a property on the site (each, a “Listed Property” and collectively, the “Listed Properties”); (iii) listing an attraction on the site (each, a “Listed Attraction” and collectively, the “Listed Attractions”); or (iv) making or requesting a reservation on the Site (each, a “Reservation” and collectively, the “Reservations”). You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and MySmokyMountainTravel. You are not authorized to use this Site unless you are at least 18 years of age and able to enter into legally binding contracts. MySmokyMountainTravel does not knowingly collect the information of anyone under the age of 18. If you arrived on the Site after having been re-directed or otherwise clicking on another website, you agree that these Terms shall govern your use of this Site.
Each User use of this Site, including any listing on or reservation through this Site, is bound by these Terms and Conditions regardless of the Site where the User’s reservation is finalized. If there are any conflicts between these Terms and Conditions and the terms and conditions of any other site on which any Listed Property or Listed Attraction is cross-listed, then you, as a User, acknowledge that these Terms and Conditions shall govern. If you do not fully agree to these Terms and any other terms and conditions posted or linked to any Site, you are not authorized to access or otherwise use this Site. Under these Terms, “use” or “access” of the Site specifically includes any direct or indirect access or use of the Site or any cached version of the Site and any direct or indirect access or use of any information or content on the Site, regardless of how obtained and the term “Site” includes, without limitation, any cached version thereof.
- THE SITE IS A VENUE AND WE ARE NOT A PARTY TO ANY RENTAL AGREEMENT OR OTHER TRANSACTION BETWEEN USERS OF THE SITE.
The User acknowledges that said User is solely responsible for said User’s use of this Site and any transaction entered into as a result of: (a) listing a property on; (b) renting a property through; or (c) booking an attraction through the Site. MySmokyMountainTravel does not own or manage, nor can it contract for, any Listed Property or Listed Attraction listed on the Site. The Site provides an on-line platform to allow business owners, homeowners, and property managers, who advertise on the Site (each, a “Site Member”), to offer for rent or reservation a specific Listed Property or Listed Attraction to potential renters and customers (each, a “Customer” and the term “User” shall include the Customer and the Site Member), under the agreed upon pricing format. MySmokyMountainTravel will also offer online booking or other tools or services to allow Users to communicate with each other and enter into booking agreements or other booking transactions.
MySmokyMountainTravel is not a party to any rental or other agreement between and among Users. You hereby acknowledge the above regardless of whether the Site allows the User to book a Listed Property or book a reservation for a Listed Attraction or provides other ancillary products or services. This Site will facilitate a booking of a Listed Property and/or a Listed Attraction (each said transaction, a “Booking” and collectively, the “Bookings”), or other tools, services or products, but MySmokyMountainTravel is not a party to any rental or other agreement between Users. As a result, any part of an actual or potential transaction between a Customer and a Site Member, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any review relating to any Customer, Listed Property or Listed Attraction), the ability of Site Members to book a Listed Property or Listed Attraction or the ability of Customers to contract for the Listed Properties or Listed Attractions are solely the responsibility of each User. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions before making a Booking or purchasing a product or service and MySmokyMountainTravel, or one of its affiliates, may place additional restrictions on your Booking, product or service.
Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site.
Site Members further agree that they are responsible for, and agree to abide by, all laws, rules, ordinances, or regulations applicable to the listing of their Listed Properties or Listed Attractions and the conduct of their rental business, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Please be aware that, even though MySmokyMountainTravel is not a party to any transaction between Users, and assumes no liability for legal or regulatory compliance pertaining to the Listed Properties and Listed Attractions, there may be circumstances where MySmokyMountainTravel is nevertheless legally obligated (as MySmokyMountainTravel may determine in its sole discretion) to provide information relating to the Listed Properties and/or Listed Attractions in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and MySmokyMountainTravel may choose to comply with such obligations in its sole discretion.
Members who accept credit card, banking or other payment information from Customers agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.
Although most travel is completed without a serious incident, travel to some destinations may involve more risk than others. MySmokyMountainTravel urges Customers to research the location they wish to visit and to review travel prohibitions, warnings, announcements and advisories issued by the United States Government, and/or the government of each individual State of the United States, before booking. Information may be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
While MySmokyMountainTravel do take certain measures with a goal to assist Users to avoid potentially fraudulent or other illegal activity of which MySmokyMountainTravel become aware, MySmokyMountainTravel assume no liability or obligation to take any such measures or actions. When MySmokyMountainTravel provide warnings or messages to Users about any such activity, MySmokyMountainTravel do not warrant that such messages are accurate or that such messages will reach any or all Users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm or otherwise have any impact.
- LIMITED LICENSE TO USE THE SITE.
Users are granted a limited, revocable non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of advertising a property, searching for a property, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or services offered on any Site, participating in an interactive area hosted on the Site or for any other purpose clearly stated on a Site, all in accordance with the Terms. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by MySmokyMountainTravel in writing is expressly prohibited.
- UNAUTHORIZED USES OF THE SITE.
The license to use the Site only extends to the uses expressly described herein. The license to use the Site granted to Users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or any derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without its prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with its robots.txt file. “General purpose internet search engines” do not include a website or search engine or other service that provides classified listings or property rental advertisements, or any subset of the same or which is in the business of providing property or attraction listing or rental services or other services that compete with MySmokyMountainTravel.
Unauthorized use of the Site also includes, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously and specifically agreed to by MySmokyMountainTravel:
- Any commercial use of the Site or any content on the Site, other than by Site Members in good standing, or by Site Members under a valid license to the software offered on the Site (a “Valid License”);
- Any use of the Site and/or the tools and services on the Site for the purpose of booking or soliciting the rental of a property other than a Listed Property;
- Any use of the Site and/or the tools and services on the Site for the purpose of booking or soliciting the booking of an attraction other than a Listed Attraction;
- Copy, reproduce, upload, post, display, republish, distribute or transmit any part of the content in any form whatsoever;
- Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
- Deep-link to any portion of the Site without its express written permission;
- Modify, translate into any language or computer language or create derivative works from, any content or any part of the Site;
- Reverse engineer any part of the Site;
- Sell, offer for sale, transfer or license any portion of the Site in any form to any third-parties;
- Use the Site and its inquiry or booking functionality, other than to advertise and/or research Listed Properties and/or Listed Attractions, to make illegitimate inquiries to its Site Members or any other use not expressly authorized on the Site;
- Use the Site to post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
- Violate, plagiarize or infringe the rights of MySmokyMountainTravel or third-parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
- Use or access the Site in any way that, in its sole discretion, adversely affects, or could adversely affect, the performance or function of the Site or any other system used by MySmokyMountainTravel or the Site.
If you are aware of, or experience, any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, MySmokyMountainTravel ask that you please inform MySmokyMountainTravel by contacting MySmokyMountainTravel as set forth under “Contact MySmokyMountainTravel,” below.
- PROPRIETARY RIGHTS AND DOWNLOADING OF INFORMATION FROM THE SITE.
The Site and all content and information on the Site are protected by copyright as a collective work and/or compilation, under applicable U.S. and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site other than for your personal, noncommercial use (other than in accordance with a valid listing) is expressly prohibited without prior written permission from MySmokyMountainTravel. As part of the rental inquiry or reservation process, for your own personal, noncommercial use and not for further distribution, you may download, display and/or print one copy of any portion of the Site. You may not modify the same, and you must reproduce its copyright notice in the form displayed on the relevant portion(s) of the Site that you desire to download, display or print.
- IDENTITY VERIFICATION.
User verification on the Internet is difficult and MySmokyMountainTravel cannot, and do not assume any responsibility for, the confirmation of each User’s purported identity. MySmokyMountainTravel encourages you to communicate directly with a Customer or Site Member through the tools available on the Site, though even this does not assure you of the identity of the person with whom you are communicating. MySmokyMountainTravel further encourages you to take other reasonable measures to assure yourself of the other person’s identity and, for Customers, of the property and relevant details of your Booking or proposed Booking.
You agree to (i) keep your password and online ID for both your account with MySmokyMountainTravel and your email account secure and strictly confidential, providing it only to authorized Users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify MySmokyMountainTravel immediately and select a new online ID and password if you believe your password for either your account with MySmokyMountainTravel or your email account may have become known to an unauthorized person, and (iv) notify MySmokyMountainTravel immediately if you are contacted by anyone requesting your online ID and password. Further, if MySmokyMountainTravel suspect any unauthorized access to your account, upon its request, you agree to promptly change your ID and password and take any other related action as MySmokyMountainTravel may reasonably request.
MySmokyMountainTravel discourages you from giving anyone access to your online ID and password for your account with MySmokyMountainTravel and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with MySmokyMountainTravel and/or your email account, even those transactions that are fraudulent or that you did not intend or want performed.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER MYSMOKYMOUNTAINTRAVEL NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR MYSMOKYMOUNTAINTRAVEL ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH MYSMOKYMOUNTAINTRAVEL AND OTHER USERS.
Further, MySmokyMountainTravel may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if MySmokyMountainTravel suspect, in its sole discretion, that your account with MySmokyMountainTravel or your email account is being used in an unauthorized or fraudulent manner.
- LIMITATIONS ON COMMUNICATIONS AND USE OF OTHER USERS’ INFORMATION; NO SPAM.
You agree that, with respect to other Users’ Personal Information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, MySmokyMountainTravel have granted to you a license to use such information only for: (i) Site-related communications that are not unsolicited commercial messages, (ii) using services offered through the Site, and (iii) inquiring about or otherwise facilitating a financial transaction between you and the other User related to the purpose of the Site (such as inquiring about or booking a property or charging a personal credit card). Any other purpose will require express permission from the User. You may not use any such information for any unlawful purpose or with any unlawful intent.
In all cases, you must give Users an opportunity to remove their information from your address book or database or other records and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose Personal Information about another User to any third-party without the consent of the other User. You agree that other Users may use your Personal Information to communicate with you in accordance with this provision. Further, you agree that you will protect other Users’ Personal Information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss or unauthorized transfer of such information.
MySmokyMountainTravel does not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site User, even a User who has rented a short-term property from you or to you, to your mailing list (email or physical mail) without the User’s express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms.
- RESPONSIBILITY FOR PROPERTY LISTINGS, REVIEWS AND OTHER USER-CONTRIBUTED CONTENT; PARTICIPATION IN INTERACTIVE FORUMS.
MySmokyMountainTravel have no duty to pre-screen content posted on the Site by Site Members, Customers or other Users, whether directly contributed by the User or contributed by MySmokyMountainTravel or a third-party on behalf of the User (including, without limitation, property listings, reviews of a Listed Properties or Listed Attractions or a Customer, participation in an interactive community, forum or blog (each an “Interactive Forum”) or any other content provided by a User to the Site), (collectively, “User-Contributed Content”). MySmokyMountainTravel is not responsible for User-Contributed Content. “User-Contributed Content” also includes information that a User or any other person provided to a third-party website or mobile application that is then provided to its Site by a tool MySmokyMountainTravel offer or any other exchange of User-Contributed Content MySmokyMountainTravel have authorized.
MySmokyMountainTravel reserves the right to decline to permit the posting on the Site of or to remove from the Site any User-Contributed Content that fails to meet its Content Guidelines [INSERT HYPERLINK], which are incorporated by reference into these Terms, any other guidelines posted on a Site or if it otherwise violates these Terms, each as determined in its discretion. MySmokyMountainTravel may also remove User-Contributed Content if it is brought to its attention, such as by notice given to MySmokyMountainTravel by a User or any third-party that any part of these Terms, or any other requirements governing the posting of such content, have been apparently breached in respect of such content, as determined in its discretion. Finally, MySmokyMountainTravel reserve the right, but do not assume the obligation, to edit a Site Member’s content or User-Contributed Content in a non-substantive manner solely to cause the content to comply with its Content Guidelines [INSERT HYPERLINK] or formatting requirements or to provide services to Site Members to create or improve listings (such as translation services), in accordance with information MySmokyMountainTravel have about the property listed. Users remain responsible for reviewing their User-Contributed Content to ensure it is accurate and not misleading.
At a minimum, User-Contributed Content must (as determined by MySmokyMountainTravel in its discretion):
- not infringe anyone’s rights, including but limited to copyright and rights of publicity and privacy, violate the law or otherwise be inappropriate;
- not include Personal Information of another that can be used to identify or contact any person;
- not include unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations;
- be directly related to the Site, business service, product or forum where the content is submitted;
- not be obscene, abusive, discriminatory or illegal; or
- not be false or misleading.
All property listings on the Site are the sole responsibility of the Site Member (who may be the owner or a property manager or duly authorized agent of the owner) and MySmokyMountainTravel specifically disclaim any and all liability arising from the alleged accuracy of the listings, reviews or any alleged breaches of contract on a User’s part. Members are solely responsible for keeping their property information up-to-date on the Site, including, but not limited to, any and all representations about any property, its amenities, location, price and its availability for a specific date or range of dates. MySmokyMountainTravel does not represent or warrant that any of the copy, content, Customer or property reviews, guest book entries, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where Customers have searched for specific dates or types of properties.
MySmokyMountainTravel may also, from time-to-time, create new descriptions or otherwise change the location or geographic descriptions MySmokyMountainTravel use to identify properties in their listings and search results. Consequently, MySmokyMountainTravel may change the location or geographic description associated with any property listing at any time without notice. However, MySmokyMountainTravel assume no responsibility to verify property listing content or the accuracy of the location. Members are solely responsible for ensuring the accuracy of location, geographic and other content and location or geographic descriptions and agree to promptly correct (or contact MySmokyMountainTravel to correct) any inaccuracy and Customers are solely responsible for verifying the accuracy of such content and descriptions.
All other User-Contributed Content is the sole responsibility of the User who contributed such content, whether such User contributed the content directly or through a third-party website. Users are solely responsible for their User-Contributed Content and MySmokyMountainTravel specifically disclaim all liability for User-Contributed Content. The User represents and warrants that the User owns or otherwise controls and has all necessary legal rights to the User’s submission and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the User-Contributed Content. MySmokyMountainTravel reserves the right to request a proof of ownership or permission, and to refuse to post User generated content without such proof or if such proof is, in its sole discretion, insufficient.
By submitting or authorizing User-Contributed Content, you grant to MySmokyMountainTravel and its affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your User-Contributed Content, in connection with its business or the business of its affiliates. Notwithstanding the foregoing, following the termination or expiration of a property listing, MySmokyMountainTravel will not continue to display the User-Contributed Content that was displayed in such listing.
You further grant MySmokyMountainTravel and its affiliates the ability to register copyright in and protect the User-Contributed Content, including the images, copy, and content available via any Site Member’s listing, from the unauthorized use of the User-Contributed Content by unaffiliated third-parties who may, from time-to-time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material on behalf of and in your name. You further agree to appear and assist MySmokyMountainTravel—at its expense and control—with the protection of such copyrighted material from unauthorized redistribution.
You agree that MySmokyMountainTravel may sublicense all the rights granted to MySmokyMountainTravel under these Terms to one or more third-parties MySmokyMountainTravel may contract with to display all or part of the Site Member’s property listing or otherwise provide promotional or other services related to its business. In the event that you retain any rights of attribution, integrity or any other moral rights in any User-Contributed Content, you hereby waive your right to assert these or to require that any personally identifying information be used in connection with the User-Contributed Content or any derivative works thereof and affirm that you have no objection to the publication, use, modification, deletion or exploitation of the User-Contributed Content by MySmokyMountainTravel or its affiliates.
- CONVENIENCE FEES AND VAT PAYABLE BY CUSTOMERS.
MySmokyMountainTravel charges a convenience fee payable by Customers who book a property on the Site via the Site checkout (the “Convenience Fee”). The Convenience Fee will be noted upon checkout by the Customer. Depending on the laws of the jurisdiction of the Customer and/or Site Member, and a value added tax (“VAT”) may be charged on top of the Convenience Fee. The exact Convenience Fee (and any VAT, if applicable) charged will be displayed to Customers at the time of booking. The Convenience Fee plus applicable VAT will be charged after both the Customer and Site Member accept the reservation. Any taxes alleged to be owed by any taxing authority on the Convenience Fee are the responsibility of MySmokyMountainTravel and Site Members have no responsibility for any such claimed tax liability. Members agree not to encourage or advise a Customer to avoid or circumvent the Convenience Fee charged by MySmokyMountainTravel.
- SOCIAL MEDIA OR THIRD-PARTY WEBSITES.
If the Site offers a tool or service that allows MySmokyMountainTravel to access or use any profile or other information about you that you have provided to Facebook or another third-party website (each a “Social Media Site”) and you decide to use such tool or service, you acknowledge and agree that:
- The information or content that is a part of your Social Media Site profile, which you have designated as “public” (or a similar designation) (with such information or content and referred to herein as “Social Media Content”), may be accessed and used by MySmokyMountainTravel in connection with the Site;
- The Social Media Content will be considered User-generated content under these Terms and both you and MySmokyMountainTravel shall have the same rights and responsibilities as you that MySmokyMountainTravel have with respect to User-generated content under these Terms;
- In the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree with for any reason, you agree to work with the Social Media Site to make any changes or resolve any disputes and acknowledge that MySmokyMountainTravel will not be able to provide you with recourse; and
- TRANSLATIONS AND MAPS.
If any User-Contributed Content created by Site Members or Users is translated for display on the Site or any site of any affiliate of MySmokyMountainTravel, MySmokyMountainTravel cannot guarantee the accuracy or quality of such translation and the User is solely responsible for the review, verification and accuracy of such translation. Maps provided on the Site that are provided by Google are subject to the Google Maps terms and conditions.
- NOTIFICATION OF INFRINGEMENT; DMCA POLICY.
MySmokyMountainTravel respects the intellectual property rights of others, and MySmokyMountainTravel does not permit, condone or tolerate the posting of any content on the Site that infringes any person’s or company’s copyright(s). MySmokyMountainTravel will terminate, in appropriate circumstances, a Site Member or Customer who is the source of repeat infringement of copyright. Should you become aware of or suspect any copyright infringement on this Site, please refer to its procedures for Notification of Copyright Infringement (and/or its Digital Millennium Copyright Act (DMCA) Policy), which are incorporated by reference into these Terms.
- UNSOLICITED IDEAS AND FEEDBACK.
From time-to-time, Users submit to MySmokyMountainTravel ideas or suggestions pertaining to its business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. MySmokyMountainTravel is under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to MySmokyMountainTravel, then regardless of what you say, write or provide to MySmokyMountainTravel in connection with your Submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of its business, such as its products, website, technologies or marketing strategies, seems similar to any of your Submissions. If you provide any Submissions to MySmokyMountainTravel, you agree that: (i) your submission and its contents will automatically become the property of MySmokyMountainTravel, without any compensation to you; (ii) MySmokyMountainTravel may use or redistribute any such submission and its contents for any purpose and in any way; (iii) there is no obligation for MySmokyMountainTravel to review any submission; and (iv) there is no obligation to keep any submission confidential.
MySmokyMountainTravel welcomes your feedback regarding many areas of its business. If you want to send MySmokyMountainTravel your feedback, MySmokyMountainTravel simply request that you send it to email@example.com. Please provide only specific feedback on its Site and services. Keep in mind that MySmokyMountainTravel assume no obligation to keep any feedback you provide confidential and MySmokyMountainTravel reserve the right to use or disclose such information in any manner.
- SOFTWARE AVAILABLE ON THE SITE.
The Site is controlled and operated by MySmokyMountainTravel or an affiliate of MySmokyMountainTravel in the United States. Software available on the Site (the “Software”) is subject to United States export controls. No Software available on the Site or software available on any other site operated by MySmokyMountainTravel or an affiliate of MySmokyMountainTravel in the United States may be downloaded or otherwise exported or re-exported (i) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
All Software is the copyrighted work of: MySmokyMountainTravel, an affiliate of MySmokyMountainTravel or an identified third-party. Your use of such Software is governed by these Terms and the terms of any additional license agreement that accompanies or is included with such Software. If the Software is not accompanied by an additional license agreement, MySmokyMountainTravel hereby grant you a limited, personal and nontransferable license to use the Software for viewing and using this Site in accordance with these Terms and for no other purpose.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. COPYING OR REPRODUCING ANY SOFTWARE AVAILABLE ON THIS SITE IS EXPRESSLY PROHIBITED, EXCEPT AS SPECIFICALLY PROVIDED FOR IN A LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
- LINKS TO THIRD-PARTY SITES.
This Site may contain links and pointers to other internet sites, resources and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third-parties, do not constitute an endorsement by MySmokyMountainTravel of any third-parties, the third-party sites or the contents thereof. MySmokyMountainTravel may also provide tools to allow interaction between the Site and a third-party site, such as a Social Media Site. MySmokyMountainTravel is not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
- LIMITATION OF LIABILITY.
IN NO EVENT WILL MYSMOKYMOUNTAINTRAVEL, OR ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE “MYSMOKYMOUNTAINTRAVEL GROUP”), OR ANY THIRD-PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY SITE OF A MEMBER OF MYSMOKYMOUNTAINTRAVEL (EACH A “THIRD-PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) ITS SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD-PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE, OR ANY THIRD-PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE SITE, BY YOU OR ANY THIRD-PARTY (E) ANY USER-CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN ITS SITE AND ANY THIRD-PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON ITS SITE AND/OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION (EVEN IF WE OR ANY THIRD-PARTY PROVIDER RECEIVES A FEE IN CONNECTION THEREWITH) BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE SITE, OR IF YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST MYSMOKYMOUNTAINTRAVEL, ANY THIRD-PARTY PROVIDER OR ANY USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST MYSMOKYMOUNTAINTRAVEL IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, ITS LIABILITY, AND THE LIABILITY OF ANY MEMBER OF MYSMOKYMOUNTAINTRAVEL, TO YOU OR ANY THIRD-PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO MYSMOKYMOUNTAINTRAVEL IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD-PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER-CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER-CONTRIBUTED CONTENT TO MYSMOKYMOUNTAINTRAVEL AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND MYSMOKYMOUNTAINTRAVEL OTHER THAN PURSUANT TO THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD MYSMOKYMOUNTAINTRAVEL OR ANY THIRD-PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF THE SITE. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THAT MAY BE OFFERED ON THE SITE) THE SAFETY OF ANY TRANSACTION, LISTED PROPERTIES OR LISTED ATTRACTIONS OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE.
YOU FURTHER ACKNOWLEDGE THAT BY DISPLAYING INFORMATION OR PROPERTY LISTINGS IN PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS WITHOUT RISK AND ARE NOT LIABLE FOR DAMAGES WITH RESPECT TO TRAVEL TO ANY DESTINATION.
- RELEASE; INDEMNIFICATION.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT) OR ANY THIRD-PARTY PROVIDER OR ANY THIRD-PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE EACH MEMBER OF MYSMOKYMOUNTAINTRAVEL, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH MEMBER OF MYSMOKYMOUNTAINTRAVEL (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD-PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD-PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY MYSMOKYMOUNTAINTRAVEL THAT INTERACTS WITH A THIRD-PARTY WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM.
WE RESERVE THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT ITS WRITTEN CONSENT.
- DISPUTES; ARBITRATION.
MySmokyMountainTravel has the right to amend these Terms, in whole or in part, at any time as set forth below in Section 22 does not apply to this “Disputes; Arbitration” section. The version of this “Disputes; Arbitration” section in effect on the date you last accepted the Terms controls.
ANY AND ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against MySmokyMountainTravel, its subsidiaries, Users or any companies offering products or services through MySmokyMountainTravel (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING STATUTORY DAMAGES, ATTORNEYS’ FEES AND COSTS), AND MUST FOLLOW AND ENFORCE THESE TERMS AS A COURT WOULD.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Arbitration Consumer Rules (together, the “AAA Rules”). Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as provided in this section. If your total Claims seek less than $10,000, MySmokyMountainTravel will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees. You may choose to have an arbitration conducted by telephone, based on written Submissions, or in person in the state where you live or at another mutually agreed upon location.
By agreeing to arbitration under the AAA Rules, the parties agree, among other things, that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to: MySmokyMountainTravel, LLC – Claims, at 5251 E. Nordic Woods Drive, Byron, IL 61010. If MySmokyMountainTravel request arbitration against you, MySmokyMountainTravel will give you notice at the email address or street address you have provided. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration MySmokyMountainTravel each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to these Terms. An arbitration decision may be confirmed by any court with competent jurisdiction.
- ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO ONLINE BOOKING.
In addition to being bound by the other terms set forth herein, Users and Site Members who use www.MySmokyMountainTravel.com [Reservation Software] or any other tool provided by MySmokyMountainTravel or a third-party provider on the Site enabling Users to book and/or pay for the Listed Properties and/or Listed Attractions online on one or more of the Sites (collectively, the “Reservation Services”) are also bound by the following terms, which are in addition to any other terms applicable in connection with using the Site. In addition, if such Reservation Services include payment or other services provided by a third-party provider, such services are subject to the additional terms and conditions and privacy policies of such third-party providers.
By utilizing a rental agreement as part of the Reservation Services or otherwise displaying terms relating to the rental as part of the online Booking process (including such terms that MySmokyMountainTravel may require), the Customer and Site Member each agree to the terms and conditions set forth in the rental agreement or other such terms displayed in the Booking process (including without limitation the cancellation refund policy) effective as of the date that the User indicates acceptance of the booking or rental agreement, as applicable. You hereby acknowledge and agree that (i) you are fully responsible for such terms and conditions, (ii) any rental agreement used, whether a sample provided by the Site or a rental agreement copied and pasted in www.MySmokyMountainTravel.com [Reservation Software] (or other online booking tool on the Site) by either party, is used solely at their own risk and expense, (iii) nothing contained in the Reservation Services, these Terms or any sample rental agreement is a substitute for the advice of an attorney and (iv) that you have been hereby advised to obtain local legal counsel to prepare, review and revise as necessary any rental agreements to ensure compliance with federal, state and local law and their particular circumstances, and to revise the rental agreement as necessary to accurately represent the property, rules, features, etc.
There are some Site Members, typically property managers, who use third-party software applications (“Other Reservation Services”). Such Other Reservation Services may be governed by terms provided by the third-parties or Site Members making such Other Reservation Services available. Users who use such Other Reservation Services are responsible for complying with such terms in addition to its Terms.
To Contact MySmokyMountainTravel for any reason, Users can email firstname.lastname@example.org .
These Terms are governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), AAA Rules, federal arbitration law, and for U.S. residents, the laws of the state in which you reside (as determined by the billing address you have provided MySmokyMountainTravel), without regard to conflict of laws principles. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law.
Its relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site. Except as explicitly stated otherwise, any notices to MySmokyMountainTravel shall be given by postal mail to: MySmokyMountainTravel, LLC, Attn: Legal Department; 5251 E. Nordic Woods Drive, Byron, IL 61010.
When MySmokyMountainTravel need to send you notice, it will be sent to the email address you provide to the Site during the registration or Booking or inquiry process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, MySmokyMountainTravel may give you notice by certified mail, postage prepaid and return receipt requested, to any physical address provided to MySmokyMountainTravel during the registration process or as later updated in your account (if applicable). Notice shall be deemed given three days after the date of mailing to a physical address and one day after mailing to an electronic address.
MySmokyMountainTravel may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database or content. MySmokyMountainTravel may also impose limits on certain features or services or restrict your access to parts or the entire Site without notice or liability. This version of the Terms became effective on the date set forth above and this version amends the version effective before such date. MySmokyMountainTravel reserves the right, in its sole discretion, to amend these Terms, in whole or in part, at any time. Notification of any amendment will be posted on the Site by the indication of the last amendment date at the top of these Terms and will be effective immediately.
MySmokyMountainTravel also reserves the right, in its sole discretion and from time-to-time, to offer programs, products or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms. In such cases, your use of the Site with respect to such special program is governed by these Terms together with the terms and conditions of such program, product or service. MySmokyMountainTravel reserves the right, but assumes no obligation, to agree to different or conflicting terms and conditions with respect to any User. Any such terms and conditions will not be enforceable unless specifically agreed to by MySmokyMountainTravel.
MySmokyMountainTravel does not separately file the Terms entered into by each User of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer. MySmokyMountainTravel may immediately terminate any User’s access to or use of the Site due to such User’s breach of these Terms or any other unauthorized use of the Site. However, MySmokyMountainTravel do not guarantee that MySmokyMountainTravel will act against all breaches of these Terms. Its failure to take immediate action with respect to a breach by you or others does not waive its right to act with respect to such breach or any other breach.
These Terms constitute the entire agreement between MySmokyMountainTravel and you with respect to the matters set forth herein, and supersede any prior agreement between MySmokyMountainTravel and you with respect to your use of the Site. Headings in these Terms are for reference only and do not limit the scope or extent of such section. In the event of any conflict between these Terms and any other terms and conditions applicable to a product, tool or service offered on its Site, the Terms herein shall prevail. If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
MySmokyMountainTravel may assign these Terms in its sole discretion. Users must obtain its prior written consent to assign these Terms, which may be granted or withheld by MySmokyMountainTravel in its sole discretion.
MySmokyMountainTravel is committed to an inclusive platform built on a foundation of trust and respect. Its global platform is open to Customers, owners, and property-managers of every race, color, religion, national origin, ancestry, sex, gender identity, sexual orientation, and marital status. MySmokyMountainTravel expect all Users to demonstrate respect and tolerance in all interactions with other Users—both online and off-line—and MySmokyMountainTravel reserve the right to remove anyone from its platform who fails to abide by these principles.
In addition to being bound by the terms set forth above, Site Members who advertise on the Site are also bound by the following terms, which are in addition to any other terms agreed to in connection with purchasing or renewing a listing.
- SITE MEMBER ELIGIBILITY; ACCURACY OF INFORMATION; LISTING PRACTICE REQUIREMENTS.
Its services may only be used by Site Members who can form legally binding contracts under applicable law. If the Site Member is registering as a business entity, the Site Member represents that the Site Member has the authority to bind the entity to these Terms. Each Site Member represents and covenants that all information submitted to MySmokyMountainTravel and to the Site during such Site Member’s registration with the Site shall be true and correct. Each Site Member further agrees to promptly provide notice to the Site by contacting MySmokyMountainTravel as provided above under “Contact MySmokyMountainTravel” regarding any updates to any such contact information previously submitted by such Site Member to the Site.
In order to list a property and/or attraction on a Site, Site Members must comply with MySmokyMountainTravel’s Platform Standards.
These Standards outline certain requirements including but not limited to:
- Site Members must maintain an accurate reservation calendar on their listing(s);
- Site Members must use commercially reasonable efforts to respond to all Booking requests from Customers within 24 hours of receipt of a request for Booking;
- Site Members must further agree to take commercially reasonable efforts to cause all Customer payments to be processed within 24 hours of authorization by the Customer for such payment;
- Site Members must respond to and accept a material number of inquiries and Booking requests received in the interest of the Customer experience; and
- Site Members are prohibited from cancelling a material number of accepted Bookings.
- ADDITIONAL SITE MEMBER REPRESENTATIONS.
Each Site Member represents and covenants that: (i) it owns and/or has all necessary rights and authority to offer for rent and to book the property listed by such Site Member; (ii) it will not wrongfully withhold a rental deposit in breach of the underlying rental agreement; (iii) it will accurately describe the subject Listed Properties or Listed Attractions; it will not fail to disclose a material defect in, or material information about the Listed Properties or Listed Attractions; and will, upon request, or otherwise from time-to-time, review the Listed Properties or Listed Attractions content and location or geographic description to ensure it is accurate and not misleading ; (iv) it will not wrongfully deny access to the listed property; and (v) it will not fail to provide a refund when due in accordance with the applicable cancellation policy or underlying rental agreement. In addition, if MySmokyMountainTravel, through one of its guarantee or warranty programs and in its sole discretion, compensates a Customer for a loss caused by acts or omissions attributable to a Site Member, MySmokyMountainTravel reserves the right to pursue the Site Member for the amount paid or contributed towards the loss.
Upon its request, each Site Member agrees to promptly provide to MySmokyMountainTravel such proof of personal identification, proof that the condition, location, or amenities associated with the property are accurately described in the listing, proof of ownership of the property listed on the Site, and/or proof of authority to list the property. If the Site Member is a tenant who is listing a home, condominium, or apartment, please refer to your rental contract or lease, or contact your landlord, prior to listing the property to determine whether your lease or contract contains restrictions that would limit your ability to list your room, home, condominium or apartment. Listing your home may be a violation of your lease or contract and could result in legal action against the Site Member by your landlord, including possible eviction.
- APPEARANCE IN SEARCH RESULTS.
MySmokyMountainTravel cannot guarantee that your listing will appear in any specific order in search results on the Site. Search order will fluctuate based on a variety of factors such as search parameters, listing quality, how frequently a calendar is updated, Customer preferences, Site Member response time, reservation history, online booking capability, compliance with posted listing practice requirements, and other factors that MySmokyMountainTravel may deem important to the User experience from time-to-time (“Best Match”). Listing appearance or order in any particular search result may also vary depending on the search criteria used by the particular Customer. MySmokyMountainTravel reserves the right to apply various search algorithms or to use methods to optimize Best Match results for particular Customers’ experiences and the overall platform. Listings distributed on third-party sites are not guaranteed to display on such third-party site in any particular order or at all. Search results and order may appear different on MySmokyMountainTravel’s mobile application than they appear on the Site. To optimize the search experience for both Site Members and Customers and improve the Best Match process, MySmokyMountainTravel retains the right to run occasional tests that will be limited in duration but may alter how MySmokyMountainTravel display listings and search results.
- CONTENT, LAYOUT AND COPY.
All content and copy edits submitted by Site Members are subject to review and approval by MySmokyMountainTravel in its sole discretion. MySmokyMountainTravel reserves the right to refuse to publish any content that MySmokyMountainTravel determine in its sole discretion does not meet these Terms or is otherwise unacceptable to MySmokyMountainTravel. However, MySmokyMountainTravel assume no duty to review content and MySmokyMountainTravel shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any Site Member. All content must meet these Terms and its Content Guidelines [INSERT HYPERLINK]. MySmokyMountainTravel reserves the right to edit content submitted to the Site in a non-substantive manner solely to ensure that the content complies with its Content Guidelines [INSERT HYPERLINK] or formatting requirements. Members are responsible for reviewing and ensuring that any content displayed on the Site appears as the Site Member intended.
Photographs should depict the Listed Property and/or Listed Attraction as the main subject of the photograph and may not include children or adults, unless the Site Member has obtained their express legal consent, or any information or images that would violate the privacy rights, intellectual property rights (including but not limited to copyright rights) or any other rights of a third-party. MySmokyMountainTravel reserves the right to not display or to remove any photographs that MySmokyMountainTravel determine, in its sole discretion, do not meet these Terms or are otherwise unacceptable to MySmokyMountainTravel.
By submitting a photograph to MySmokyMountainTravel, the Site Member represents and warrants that (a) it holds all intellectual property rights (including but not limited to all copyright rights), (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Site and any Site Member of the MySmokyMountainTravel from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted or in the event of claims that the use of a photograph violates another party’s copyright.
It is the Site Member’s responsibility to obtain any and all permissions required to use, post and grant the foregoing rights in all photographic and other material used in its listings. The Site Member warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to MySmokyMountainTravel the rights therein contained and agrees to provide any proof of such rights to MySmokyMountainTravel that MySmokyMountainTravel may request. Each Site Member further agrees that MySmokyMountainTravel may reproduce in whole or in part any photographic material supplied by such Site Member in the promotion of either such Site Member’s property or the Site.
- USES OF ITS TRADEMARKS OR LOGOS.
There are limited ways in which a Site Member may use its trademarks or logos in connection with a listing without specific prior written authorization. The following are general guidelines. It is usually permissible for the Site Member to refer to MySmokyMountainTravel or the name of one of its affiliate website on which the Site Member list your property in a descriptive manner in your listing on the Site or in other permissible communications. For example, the Site Member might say “Check out my vacation rental on MySmokyMountainTravel,” or “I list properties on MySmokyMountainTravel.” However, the Site Member may not refer to MySmokyMountainTravel or any of its affiliates in any way that might lead someone to believe that your company, property, listing or site is sponsored by, affiliated with, or endorsed by MySmokyMountainTravel or one of its affiliates. For example, the Site Member may not say “MySmokyMountainTravel sponsors my vacation rental,” or describe your property as “MySmokyMountainTravel’s best vacation rental.” The Site Member may not use the MySmokyMountainTravel name or one of its affiliates’ names on any other website that lists Listed Properties and/or Listed Attractions without its prior written authorization.
The MySmokyMountainTravel name and logo and those of the MySmokyMountainTravel and its affiliates are trademarks or registered trademarks in the United States and other jurisdictions around the world. MySmokyMountainTravel generally do not permit the use of its names and logos, other than as described above or with its prior written authorization. If the Site Member wants permission to use its name and/or logo in any other manner, including, without limitation, on any website, business card, signage, t-shirt, etc., or if the Site Member has other questions, the Site Member may visit our Help Page.
- HYPERTEXT LINKS.
MySmokyMountainTravel reserves the right to refuse hypertext links to, or addresses of, other web sites from Site Members’ pages, and to remove links or web addresses without notice at its sole discretion. Further, MySmokyMountainTravel reserve the right to charge for hypertext links at any time.
- SUBSTITUTION OF PROPERTIES; ADVERTISING MORE THAN ONE PROPERTY; PROPERTY MANAGERS.
Each Listed Property listing must relate to an individual and uniquely identified property, unless the Site Member purchased a listing package that expressly allows for substitution of properties. This means that:
- The Listed Property in a listing may not be substituted for another property without the consent of MySmokyMountainTravel. MySmokyMountainTravel may approve a request in its sole and absolute discretion if the Site Member’s contract for the Listed Property was terminated and the Site Member provides sufficient proof, as requested by MySmokyMountainTravel, and completes any additional forms MySmokyMountainTravel may request. The type and term of the listing for any substituted property shall be the same as the type and term of the originally-Listed Property (i.e., the term will not be extended past the original term). If a Site Member submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then MySmokyMountainTravel have the right to terminate the listing and may choose, in its sole discretion, to retain any fees associated previously existing listing as compensation for the violation of this condition.
- The Listed Property listing cannot be a mere example of properties in a given area. Only one property can appear on each Listed Property listing, unless it is a property with multiple rental units and additional listings are purchased. MySmokyMountainTravel reserves the right to amend the copy or remove any listing when more than one property is described in such listing, and may choose, in its sole discretion to retain any fees associated such non-conforming listing as compensation for the violation of this condition.
- PAYMENT METHOD REQUIREMENTS; BANK AND CREDIT CARD FEES.
All payments for all Bookings shall be transacted through the Site (the “Payment” and or “Payments”). Payments will be made using any methodology and/or modality as may be prescribed by MySmokyMountainTravel from time-to-time. No Site Member may request any Customer to mail cash, or utilize any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a property rental transaction. Any violation of this term or any other unacceptable payment methods that may be posted on the Site may result in the immediate removal of the non-conforming listing from the Site without notice to the Site Member and without refund. From time-to-time, MySmokyMountainTravel may become aware of Users attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method. Ideally, MySmokyMountainTravel hope to be able to assist Users in avoiding such transactions, but MySmokyMountainTravel assume no liability or responsibility to do so or to inform Users of any such actual or suspected activity.
MySmokyMountainTravel does not process any Payment and does not retain any User or Site Member credit card, bank account or other Payment information. Any refund requested by a Customer must be made through the Site Member with and from whom the Customer has entered into the Booking for which a refund is requested.
Users’ bank or credit card companies may impose certain fees or charges, including, but not limited to, foreign transaction fees, related to any rental of a property. It is solely the User’s obligation to review any agreement with its bank or credit card company concerning any such fees.
- SUBSCRIPTION PAYMENTS; AUTOMATIC RENEWAL OF SUBSCRIPTION PAYMENTS.
Payments for subscription listings must be made to MySmokyMountainTravel through any methodology and/or modality as MySmokyMountainTravel my prescribe from time-to-time (each a “Subscription” and collectively, the “Subscriptions”). Each Subscription shall automatically renew at the expiration of the then-current term for an additional term of the same duration as the previous term, and at the then-current non-promotional subscription rate. The automatic renewal feature allows the Site Member’s service to remain uninterrupted at the expiration of the Site Member’s then-current term. If the Site Member wishes to terminate auto-renewal, the Site Member must call My Smoky Mountain Travel directly to alert of termination of auto-renewal. Termination shall be made at least five (5) days prior to the expiration of the then-current term. Upon any such termination of auto-renewal, your Subscription will remain active through the expiration of the Site Member’s then-current subscription term; however, the Site Member’s Subscription will not be automatically renewed upon the expiration of the Site Member’s then-current term. If the Site Member’s Subscription does not auto-renew or expires at the end of the Site Member’s then-current subscription term and the Site Member desires to renew the Site Member’s subscription, the Site Member will be required to pay the then-current non-promotional subscription rate to renew the Site Member’s Subscription or to activate a new Subscription.
If the Site Member does not terminate auto-renewal and the Site Member continues to use its Subscription, the Site Member re-affirms and reauthorizes MySmokyMountainTravel to charge the Site Member’s form of payment at the end of each Subscription term for an additional term of the same duration as the initial term and at the then-current, non-promotional subscription rate for the same product or service.
If the product or service that the Site Member last purchased has changed in any way or is no longer offered, the Site Member agrees and authorizes MySmokyMountainTravel to charge the Site Member’s form of payment at the renewal of the Site Member’s Subscription term for a product or service that is the most similar, as determined by MySmokyMountainTravel, to the product or service that the Site Member previously purchased, even if the price of such product or service is not the same as the prior product or service that the Site Member purchased. The Site Member agrees to be responsible for any such charges, and MySmokyMountainTravel reserves the right to obtain the Subscription payment directly from the Site Member if necessary. If the Site Member wishes to change the Site Member’s form of payment to be charged or if the Site Member’s form of payment information otherwise changes, see your Dashboard for information on updating the payment information in your owner dashboard, as applicable or to provide the new or different form of payment information.
If a Site enables the Site Member to list the Site Member’s property on a basis other than by subscription, the Site Member agree to pay MySmokyMountainTravel compensation as described to the Site Member in the registration process, which compensation may be changed by MySmokyMountainTravel from time-to-time without notice by MySmokyMountainTravel displaying the compensation on the Site on which the Site Member registered the listing. The registration process and additional notices the Site Member may receive from MySmokyMountainTravel may also provide additional terms and conditions for such listings.
- SUBSCRIPTION TERM AND REFUND REQUESTS.
All Subscription listings are sold to run the full term that is chosen by the Site Member. The term starts on the date that the Site Member submits the full or initial (as applicable) payment and expires: (a) one (1) year; (b) six (6) months; or (c) one (1) month thereafter. For example, for an annual Subscription term, if the Site Member submits payment for the Subscription on July 1st, the Subscription would expire on June 30 of the following year. If the Site Member renews the Site Member’s Subscription listing, or if the Site Member’s Subscription listing automatically renews, the Site Member’s listing will remain online for the new subscription period without refund.
Generally, no refunds are available unless a Site Member qualifies for a refund under any special program MySmokyMountainTravel may have in effect. If the Site Member believes the Site Member qualifies for a refund, the Site Member may contact customer support by sending your request to the address listed under “Contact MySmokyMountainTravel” above and include the Site Member’s listing number, and the Site Member’s reason for requesting a refund. MySmokyMountainTravel will then determine, in its sole and absolute discretion, whether any refund is due. If the Site Member sells the Site Member’s Listed Property and no longer wishes for the Listed Property listing to remain online, then please contact MySmokyMountainTravel and the listing will be removed; however, no refund will be owed.
- SUBSCRIPTION CANCELLATIONS.
You may cancel your Subscription at any tie by telephone – 865-432-2504. The only valid method for canceling your Subscription is via telephone and requests to cancel by e-mail or any other means are not considered, and do not accomplish, cancellation. Upon cancellation your Subscription access will continue through the next billing cycle for monthly subscriptions and to the end of the then current month for semi-annual and annual subscriptions.
However, no refund will be offered for any cancellation made after half of the Subscription term has lapsed.
- DISTRIBUTION OF LISTINGS TO THIRD-PARTY WEBSITE.
To enable a broader distribution of the Listed Properties and the Listed Attractions, MySmokyMountainTravel may provide the Site Member’s listing information and content, or otherwise provide for the distribution of the Site Member’s listing on a third-party website. Additional terms and conditions may apply to such distributions, as MySmokyMountainTravel may notify the Site Member of via the Site Member’s owner dashboard or email.
- TERMINATION OF LISTINGS; OTHER REMEDIES.
If, in its sole discretion, any Site Member submits unsuitable material to its Site or into its database, is not abiding by local rental regulations and is creating a nuisance in its community, misuses the Site or its online system or is in material breach of these Terms, MySmokyMountainTravel reserve the right to limit the Site Member’s use of the Site, impact the Site Member’s listing(s) search position, and/or terminate such Site Member’s listing immediately without refund. In addition, if MySmokyMountainTravel become aware of or receive a complaint or a series of complaints from any User or other third-party regarding a Site Member’s listing or rental practices that, in its sole discretion, warrants the immediate removal of such Site Member’s listing from the Site (for example, and without limitation, if a Site Member double-books a property for multiple Customers on the same date, or engages in any practice that, in its sole discretion, would be considered deceptive, unfair or improper within the vacation rental industry or in an online platform for Listed Properties and/or Listed Attractions, if MySmokyMountainTravel determines or suspects that the Site Member’s payment-related practices or procedures are not secure, legal or otherwise proper, or if MySmokyMountainTravel receive a complaint that any listing’s content infringes on the rights of a third-party), then MySmokyMountainTravel may immediately terminate such Site Member’s listing(s) or subscription(s) without notice to the Site Member and without refund. MySmokyMountainTravel assume no duty to investigate complaints. Finally, if any Site Member is abusive or offensive to any employee or representative of MySmokyMountainTravel, MySmokyMountainTravel reserves the right to terminate such Site Member’s listing(s) or Subscription(s) immediately without refund.
In addition to reserving the right to terminate any listing, MySmokyMountainTravel reserves all rights to respond to any violation of the Terms or misuse of the Site by, including, but not limited to, hiding a listing from the search results, marking a Site Member as “out of office,” and removing or changing information that may be false or misleading.
Additionally, the Site Member agrees to defend and indemnify MySmokyMountainTravel, its affiliated companies, and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third-parties as a result of:
- the Site Member’s breach of these Terms or the documents referenced herein;
- the Site Member’s violation of any law or the rights of a third-party; or
- the Site Member’s use of this Site.