The Terms constitute a legally binding agreement between you and Snowy Peaks Rentals ("Snowy Peaks Rentals", "Reservation Solutions", "PersonalRes", "we", "us" or "our"). By using or accessing snowypeaksrentals.com,PersonalRes.com, or (individually, the "Site"), you acknowledge that you agree to and are subject to the following terms and conditions (the "Terms"). If you do not fully agree to these Terms, you may not access or otherwise use the Site. You should read through all the Terms carefully.
1. Your relationship with Snowy Peaks Rentals
1.1. Snowy Peaks Rentals acts as a venue to allow a licensee of our Service ("clients") to offer for rent, or rent, in a variety of pricing formats, a specific vacation rental property to potential renters (each, a "renter" and, collectively with a member, the "client"). We are not involved in the actual transaction between renters and owners even though we provide tools and services, such as direct booking, payment services, that enable a renter to enter into a transaction to lease a specific property directly from the owner of the listing. As a result, the quality, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property or guest book review), the ability of renter to rent vacation property or the ability of renters to pay for vacation rental properties are solely the responsibility of each client.
1.2. Your use of Snowy Peaks Rentals products, software, services and web sites (referred to collectively as the "Services" in this document and excluding any services provided to you by Snowy Peaks Rentals under a separate written agreement) is subject to the terms of a legal agreement between you and Snowy Peaks Rentals. "Snowy Peaks Rentals" means Snowy Peaks Rentals, whose principal place of business is at 141 Society Drive, Telluride, CO 81435, U.S.A.. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.3. Unless otherwise agreed in writing with Snowy Peaks Rentals, your agreement with Snowy Peaks Rentals will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Universal Terms".
1.4. Your agreement with Snowy Peaks Rentals will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.5. The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Snowy Peaks Rentals in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".
1.6. If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2. You can accept the Terms by:
A. clicking to accept or agree to the Terms, where this option is made available to you by Snowy Peaks Rentals in the user interface for any Service; or
B. by actually using the Services. In this case, you understand and agree that Snowy Peaks Rentals will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Snowy Peaks Rentals, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4. Before you continue, you should print off or save a local copy of the Universal Terms for your records.
2.5. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Snowy Peaks Rentals, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.6. Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1. Where Snowy Peaks Rentals has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Snowy Peaks Rentals.
3.2. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by Snowy Peaks Rentals
4.1. Snowy Peaks Rentals has subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Services to you on behalf of Snowy Peaks Rentals itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2. Snowy Peaks Rentals is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Snowy Peaks Rentals provides may change from time to time without prior notice to you.
4.3. As part of this continuing innovation, you acknowledge and agree that Snowy Peaks Rentals may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Snowy Peaks Rentals sole discretion, without prior notice to you.
4.4. Refunds are not available.
4.5. You acknowledge and agree that if Snowy Peaks Rentals disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
5. Use of the Services by you
5.1. In order to access certain Services, you may be required to provide information about yourself (such as identification, contact details or billing information) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Snowy Peaks Rentals will always be accurate, correct and up to date.
5.2. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Reservation Solutions, unless you have been specifically allowed to do so in a separate agreement with Snowy Peaks Rentals. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5. Unless you have been specifically permitted to do so in a separate agreement with Snowy Peaks Rentals, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6. You agree that you are solely responsible for (and that Reservation Solutions has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Snowy Peaks Rentals may suffer) of any such breach.
6. Your passwords and account security
6.1. User verification on the Internet is difficult and we cannot and do not confirm each user's purported identity. We encourage you to communicate directly with a renter or user through the tools available on the Site or other means of communication.
6.2. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.3. Accordingly, you agree that you will be solely responsible to Snowy Peaks Rentals for all activities that occur under your account.
6.4. If you become aware of any unauthorized use of your password or of your account, you agree to notify Snowy Peaks Rentals immediately at firstname.lastname@example.org
6.5. EACH USER ACKNOWLEDGES AND AGREES THAT: NEITHER THE SERVICE NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY CLIENT FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER'S PASSWORD THAT OCCURS BEFORE SUCH USER HAS NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE SITE AND OTHER USERS.
6.6. We will suspend or cancel your service at any time even without receiving notice from you if we suspect that your password is being used in an unauthorized or fraudulent manner.
7. Privacy and your personal information
7.2. You agree to the use of your data in accordance with Reservation Solutions privacy policies.
8. Content in the Services
8.1. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
8.2. You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Snowy Peaks Rentals (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Snowy Peaks Rentals or by the owners of that Content, in a separate agreement.
8.3. Snowy Peaks Rentals reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
8.4. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.5. You agree that you are solely responsible for (and that Reservation Solutions has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Reservation Solutions may suffer) by doing so.
9. Proprietary rights
9.1. You acknowledge and agree that Snowy Peaks Rentals (or Reservation Solutions licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Reservation Solutions and that you shall not disclose such information without Reservation Solutions prior written consent.
9.2. Unless you have agreed otherwise in writing with Snowy Peaks Rentals, nothing in the Terms gives you a right to use any of Snowy Peaks Rentals trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
9.3. If you have been given an explicit right to use any of these brand features in a separate written agreement with Snowy Peaks Rentals, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Snowy Peaks Rentals brand feature use guidelines as updated from time to time.
9.4. Other than the limited license set forth in Section 11, Reservation Solutions acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Reservation Solutions, you agree that you are responsible for protecting and enforcing those rights and that Snowy Peaks Rentals has no obligation to do so on your behalf.
9.5. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices), which may be affixed to or contained within the Services.
9.6. Unless you have been expressly authorized to do so in writing by Snowy Peaks Rentals, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. License from Reservation Solutions
10.1. Snowy Peaks Rentals gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Snowy Peaks Rentals as part of the Services as provided to you by Reservation Solutions (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Snowy Peaks Rentals, in the manner permitted by the Terms.
10.2. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Snowy Peaks Rentals, in writing.
10.3. Unless Snowy Peaks Rentals has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Content license from you
11.1. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services.
12. Software updates
12.1. The Software which you use may automatically install updates from time to time from Snowy Peaks Rentals. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Snowy Peaks Rentals to deliver these to you) as part of your use of the Services.
13. Ending your relationship with Snowy Peaks Rentals
13.1. The Terms will continue to apply until terminated by either you or Snowy Peaks Rentals as set out below.
13.2. If you want to terminate your legal agreement with Reservation Solutions, you may do so by (a) notifying Snowy Peaks Rentals at any time and (b) closing your accounts for all of the Services, which you use, where Snowy Peaks Rentals has made this option available to you. Your notice should be sent, in writing, to Snowy Peaks Rentals address, which is set out at the beginning of these Terms.
13.3. Snowy Peaks Rentals may at anytime, terminate its legal agreement with you if:
A. You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
B. Snowy Peaks Rentals is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
C. The partner with whom Snowy Peaks Rentals offered the Services to you has terminated its relationship with Snowy Peaks Rentals or ceased to offer the Services to you; or
D. Snowy Peaks Rentals is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
E. The provision of the Services to you by Snowy Peaks Rentals is, in Snowy Peaks Rentals opinion, no longer commercially viable.
13.4. Nothing in this Section shall affect Snowy Peaks Rentals rights regarding provision of Services under Section 4 of the Terms.
13.5. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Snowy Peaks Rentals have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph
13.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. EXCLUSION OF WARRANTIES
14.1. NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT Snowy Peaks Rentals WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
14.3. IN PARTICULAR, Snowy Peaks Rentals, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: A. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, B. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, C. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND D. THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
14.4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Snowy Peaks Rentals OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6. Snowy Peaks Rentals FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
15.1. SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Snowy Peaks Rentals, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: ARISING. A. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; B. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: I. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; II. ANY CHANGES WHICH Snowy Peaks Rentals MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); III. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; IV. YOUR FAILURE TO PROVIDE Snowy Peaks Rentals WITH ACCURATE ACCOUNT INFORMATION; V. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2. THE LIMITATIONS ON Snowy Peaks Rentals LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT Snowy Peaks Rentals HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES
16. Copyright and trade mark policies
16.1. It is Snowy Peaks Rentals policy to respond to notices of alleged copyright infringement that comply with applicable international intel
16.2. Snowy Peaks Rentals operates a trademark complaints procedure in respect of Snowy Peaks Rentals advertising business.
17.1. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
17.2. The manner, mode and extent of advertising by Snowy Peaks Rentals on the Services are subject to change without specific notice to you.
17.3. In consideration for Snowy Peaks Rentals granting you access to and use of the Services, you agree that Snowy Peaks Rentals may place such advertising on the Services.
18. Other content
18.1. The Services may include hyperlinks to other web sites or content or resources. Snowy Peaks Rentals may have no control over any web sites or resources which are provided by companies or persons other than Snowy Peaks Rentals.
18.2. You acknowledge and agree that Snowy Peaks Rentals is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
18.3. You acknowledge and agree that Snowy Peaks Rentals is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
19. Changes to the Terms
19.1. Snowy Peaks Rentals may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Reservation Solutions will make a new copy of the Universal Terms available at www.personalres.com/elua.htm. and any new Additional Terms will be made available to you from within, or through, the affected Services.
19.2. You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Reservation Solutions will treat your use as acceptance of the updated Universal Terms or Additional Terms.
20.1. 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), YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITE AND ANY MEMBER OF Snowy Peaks Rentals, 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, LIABLITIES, 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."
21.1. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE SITE AND ANY MEMBER OF RESERVATION SOLUTIONS (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 (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR ANY OF YOUR USER-CONTRIBUTED CONTENT), ANY CONTENT POSTED BY YOU OR OTHER USERS OF YOUR ACCOUNT TO THE 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 OUR 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 OUR WRITTEN CONSENT.
22. Member Eligibility; Accuracy of Information.
22.1. Our services may only be used by members who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
22.2. Each member further represents and covenants that any information submitted to the Site during such member's registration with the Site shall be true and correct. Member further agrees to provide notice to the Site by completing the Web from at www.personalres.com regarding any updates to any such contact information previously submitted by member to the Site.
22.3. Each member agrees to promptly provide such proof of personal identification, proof of ownership of the property listed on the Site, and proof of authority to list the property as we may request.
23. General legal terms
23.1. Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
23.2. The Terms constitute the whole legal agreement between you and Snowy Peaks Rentals and govern your use of the Services (but excluding any services which Snowy Peaks Rentals may provide to you under a separate written agreement), and completely replace any prior agreements between you and Snowy Peaks Rentals in relation to the Services.
23.3. You agree that Snowy Peaks Rentals may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
23.4. You agree that if Snowy Peaks Rentals does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Reservation Solutions has the benefit of under any applicable law), this will not be taken to be a formal waiver of Snowy Peaks Rentals rights and that those rights or remedies will still be available to Snowy Peaks Rentals.
23.5. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
23.6. You acknowledge and agree that each member of the group of companies of which Snowy Peaks Rentals is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
23.7. The Terms, and your relationship with Snowy Peaks Rentals under the Terms, shall be governed by the laws of the State of CO without regard to its conflict of laws provisions. You and Snowy Peaks Rentals agree to submit to the exclusive jurisdiction of the courts located within the county of , CO to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Snowy Peaks Rentals shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.