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Welcome to SportsStay.com! By using or accessing SportsStay.com (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. The Terms constitute a legally binding agreement between you and Sports Stay, LLC, Inc. ("Sports Stay, LLC", "we", "us" or "our").
PLEASE BE ADVISED THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION. We do not own nor can we contract for any vacation rental property listed on the Site. Instead, the Site acts as a venue to allow a member of our Site (each, a "member") to offer for rent, or rent, in a variety of pricing formats, a specific vacation rental property to potential renters (each, a "traveler" and, collectively with a member, the "users"). We are not involved in the actual transaction between travelers and members even though we may from time to time provide tools, such as direct booking, that enable a traveler to enter into a transaction to lease a specific property directly from the member of that property. 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 members to rent vacation property, the value or fulfillment of any complementary add-ons or similar features that may be offered in connection with any property advertised in an effort to attract a rental, such as complementary gift cards or other complementary products or services (what we call a "freebie") or the ability of travelers to pay for vacation rental properties are solely the responsibility of the users.
Although we do charge a fee to members to advertise their vacation rental properties on the Site, we do not charge travelers to access the Site and research listings. Accordingly, we grant users a limited, revocable, non-exclusive license to access the Site to, as applicable, advertise vacation rental properties and/or research, view or make legitimate inquiries to members regarding their interest in particular vacation rental properties for their personal use, all in accordance with these Terms. Any other use of the Site is expressly prohibited. Importantly, this license does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives 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 our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that provide classified listings or property rental advertisements, or any subset of the same, or which is in the business of providing vacation property rental services.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The text, files, images, photos, videos, maps and other materials on the Site (collectively, the "content") are only for your personal use. All content on the Site, and the Site itself, is protected by copyright and database rights, and you will abide by any and all additional copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying or storing of any content for other than for your personal, noncommercial use is expressly prohibited without the prior written permission from us or the applicable copyright holder. As part of the rental inquiry process, for your own personal, noncommercial use and not for further distribution, you may download, display, and/or print one (1) copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form "© 2001 - 2009 Sports Stay, LLC, Inc. - All Rights Reserved" as displayed on the relevant portion(s) of the Site that you desire to download, display or print.
Unless otherwise provided within these Terms, or unless otherwise applicable law requires us to allow you to do so, you may not do any of the following without our prior written consent:
We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or all of the Site without notice or liability.
Each user acknowledges and agrees that, regardless of such user's physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United States.
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 traveler or member through the tools available on the Site. You agree to (i) keep your password and online ID secure and strictly confidential, providing it only to authorized users of your account, (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 us immediately and select a new online ID and password if you believe your password may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. When you give someone your online ID and online password, you are authorizing that person to access and use your account, and you are responsible for any and all transactions that person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed.
EACH USER ACKNOWLEDGES AND AGREES THAT: (X) NEITHER THE SITE NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USERíS 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 (Y) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE SITE AND OTHER USERS. Further, we may suspend or cancel your listing at any time even without receiving notice from you if we suspect that your password is being used in an unauthorized or fraudulent manner.
You agree that, with respect to other personal information that you obtain through the Site or through any Site-related communication or any Site-facilitated transaction, we have granted to you a license to use such information only for: (a) any Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, (c) facilitating a financial transaction between you and the other user (such as an on-line booking or charging a personal credit card) and (d) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, can you disclose personal information about another user to any third party without both our consent and 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, and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
We do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a Site user, even a user who has rented a vacation property from you or to you, to your mailing list (email or physical mail) without the user's express consent.
You may not use the "Email This Item to a Friend" service or other email services that we may offer to send spam or otherwise send content that would violate these Terms. We do not permanently store email messages or the email addresses sent from these tools. If you send email using the "Email This Item to a Friend" service to an email address that is not registered in our community, we do not use that email address for any purpose other than to send your email. We do not rent or sell these email addresses.
We do not and cannot review all content posted to the Site by members, or by other users or travelers who may have posted on the Site a review of or guest book entry for any particular rental property, and we are not responsible for any such materials posted by such members, travelers or other users. All property listings on the Site are submitted by the member and are the responsibility of the member, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, property reviews, guest book entries, the value, accuracy or fulfillment of any "freebies" that may be offered by any member, or any alleged breaches of contract on a member's part. If you are a member, by accepting these Terms and paying to list on the Site, you agree to indemnify and hold the Site and any member of the Sports Stay, LLC (as defined below) harmless against all costs, expenses and losses arising out of a claim relating to the content of your advertisement. 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, applicable "freebies", and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, property reviews, guest book entries, property location, suitability, applicable "freebies", pricing or availability information published on the Site is accurate or up-to-date even in the case where prospective travelers have searched for specific special offers, dates, or types of properties. Members are solely responsible for ensuring the accuracy of any property descriptions. However, we reserve the right at all times to disclose any information known to us as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these terms. Further if you are a traveler, please be aware that any advertised "freebies" are only available if you actually rent from an owner the property listed with the applicable "freebie" offer.
IN NO EVENT WILL THE SITE, SPORTS STAY, LLC, INC., SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND/OR EMPLOYEES BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR SITE, THESE TERMS, YOUR USE OF THE SITE AND/OR ANY TRANSACTION BETWEEN USERS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY 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, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANOTHER USER OR THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAUNST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF SPORTS STAY, LLC, 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 US IN THE SIX MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.00 IN THE AGGREGATE.
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. 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 IN 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 THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU ACKNOWLEDGE THAT BY SUBMITTING COMMUNICATIONS TO US AND BY POSTING INFORMATION ON THE SITE, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
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), YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITE AND ANY MEMBER OF SPORTS STAY, LLC, 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."
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE SITE AND ANY MEMBER OF SPORTS STAY, LLC (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), ANY CONTENT POSTED BY YOU 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.
ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMABLE AND/OR SOLD IN THE STATE OF HAWAII, UNITED STATES OF AMERICA, AND YOU IRREVOCABLY AGREE THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT TO THESE TERMS WILL BE FILED IN TRAVIS COUNTY, HAWAII WHICH WILL BE THE VENUE OF ANY LEGAL DISPUTE. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE STATE OF HAWAII.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for claims of copyright or other intellectual property infringement at: or
Sports Stay, LLC
Attn: General Manager
3710 Mariposa Drive
Honolulu, HI 96816
Please include the following in your notice: (a) identify with specific detail the material on the Site that you claim is infringing; (b) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (c) a statement by you declaring under penalty of perjury that (i) the above information in your notice is accurate, and (ii) you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; (d) your physical address, telephone number and email address; and (e) your physical or electronic signature. We will thereafter remove the allegedly infringing content, subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
Our 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 shall be given (in the case of you contacting us) by email to or by postal mail to:
Sports Stay, LLC
Attn: General Manager
3710 Mariposa Drive
Honolulu, HI 96816
or, when we need to send you notice, to the email address you provide to the Site during the registration process (in your case, and as applicable). Notice shall be deemed given upon receipt or 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any address provided to us during the registration process (as applicable). In such case, notice shall be deemed given three days after the date of mailing.
We reserve the right, in our sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Notification of changes to these Terms will be posted on the Site and will be effective immediately thereafter. Your continued use of the Site following the posting of any such change, modification or amendment will constitute your acceptance thereof.
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 us of any third-party sites or the contents thereof.
We do 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.
These terms constitute the entire agreement between us and you with respect to your use of the Site. We may immediately terminate any user's access to or use of the Site due to such user's breach of these Terms or other unauthorized use of the Site. Any cause of action you may have hereunder or with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
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.
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 submitting an e-mail to firstname.lastname@example.org regarding any updates to any such contact information previously submitted by member to the Site. As a condition of listing each member agrees to provide, such proof of identity, proof of ownership, and proof of right to list properties as we may request.
Each member further represents and covenants that: (i) it owns and/or has all necessary rights and authority to offer for rent and to rent the property listed by such member; (ii) it will not wrongfully withhold a rental deposit in breach of the underlying rental agreement; (iii) that it will accurately describe the subject rental property and will not fail to disclose a material defect in a rental property; (iv) that it will not wrongfully deny access to the listed property; and (v) that it will not fail to provide a refund when due in accordance with the underlying rental agreement. Upon our request, each member agrees to promptly provide to us 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 as we may request.
We reserve the right to determine in our sole discretion the final design, layout and functionality of our Site, which is subject to change from time to time without notice.
We reserve the right, in our sole discretion, to review and edit copy or amend the content, layouts, videos, or photographs supplied by any member. All content and copy edits submitted by members are subject to review and approval by us in our sole discretion.
Notwithstanding our right to edit and amend the content, copy, videos, and photographs, we do not accept and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content, videos, and/or photographs or any change made to any content, video, photograph or copy submitted by any member or edited or amended by us.
If you offer any "free items or services" in connection with your property listing, you agree you will not charge one rate for renting your property with " free items or services " and a separate, lower rate for renting your property without " free items or services ".
All printed (paper based) photographs submitted by a member will be discarded after we have scanned the same into our electronic database. Regretfully, we are unable to return such photographs to you or retain paper copies in our files.
We will use reasonable efforts to reproduce faithfully any video or photograph submitted, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard.
By submitting a video or photograph either electronically through the Site or by mailing a paper photograph to our offices, the member represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted video or photograph, or (ii) it has secured from the copyright holder all rights necessary for the video or photograph to be used in an online advertisement, (b) that any people in the video or photograph have given permission for their likeness to be displayed in an online advertisement, (c) that the video or photograph accurately and fairly represents the subject of the video or photograph and has not been altered in any manner that would mislead a viewer of that video or photograph, and (d) that it will indemnify and hold harmless the Site and any member of the Vacation Rentals Group from any cause of action arising from any misrepresentation with respect to any and all the videos or photographs so submitted.
If you are a member, by accepting these Terms and by paying for and posting a listing on the Site, you grant to us and our 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 videos, the photographs and the likenesses (if any) of any content you post on the Site or the websites of our affiliates, and you grant the Site and its holding company, Sports Stay, LLC the ability to copyright and protect the images, copy, and content available via your listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. We need these rights to host and display your listing. You further agree to assist us-at our expense and control-to protect such copyrighted material from unauthorized redistribution. We are not responsible for any infringement or violation of laws resulting from content supplied by any member and each member will indemnify and hold harmless the Site and any member of the VacationRentals Group against any action brought for breach of copyright or other rights from the use of such content supplied by such member. Each member hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any content posted or provided to us by such member.
Each member agrees that we may reproduce in whole or in part any videographic or photographic material supplied by such member in the promotion of either such member's property or the promotion of the Site.
It is the member's responsibility to obtain reproduction permission for all videographic or photographic and other material used in their advertisements. The member warrants that he is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained.
We reserve the right to refuse hypertext links to, or addresses of, other web sites from members' pages, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.
Any entries in the guest book or property review section of any member's listing must be genuine comments from guests who have stayed at the property advertised. The e-mail address(es) of the guest(s) whose comments are given must be supplied by a member to us upon our request.
Each advertisement may only relate to a specific property. The property in an advertisement may not be substituted by another property. If a member submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the listing and may choose, in our sole discretion, to retain any fees associated with the term of the previously existing listing as compensation for the violation of this condition.
Each advertisement on the Site displays an individual and uniquely identified property available for short-term vacation rental. The listing specifically cannot be a mere example of properties in a given area. Only one property can appear on each advertisement, unless it is a property with multiple rental units on the same site and additional advertising units are purchased. We reserve the right to amend the copy or remove any advertisement when more than one property is described in such advertisement, and may choose, in our sole discretion to retain any fees associated with the initial term of such non-conforming listing as compensation for the violation of this condition.
No member may request any traveler 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 from time to time may result in the immediate removal of the non-conforming listing from the Site without notice to member and without refund.
Annual Subscriptions. All listings are sold to run the full term that is chosen by the member. Annual subscriptions (one year) can be cancelled at any time. Canceling a listing will not disable the listing unless it is cancelled during the first thirty (30) days of service. Upon cancellation, a listing will continue to run through the end of the term in which it was cancelled. When a listing is disabled it is no longer visible on the site. No refunds or extensions of time are available for disabled listings. Refunds for one year listings are only available for your first listing cancelled during the first thirty (30) days of service. No refunds are available for one year listings on your second or subsequent listings. Please take this into account prior to adding additional yearly listings or upon renewal of your yearly listing. Refunds do not apply to timeshare units OR in cases where the property is offered for rent less than 6 months of the year. If you are dissatisfied with your initial annual subscription (one year listing) for ANY REASON during the first thirty (30) days of service, we will cancel your listing and send you a full refund, less a $50 service charge.
To request a refund, please send your request to admin@SportsStay.com and include your listing number, and your reason for dissatisfaction.
Upon renewal of your yearly listing, such listing will remain online for one full year without refund. For information about selling your property or taking it off the market, please see the DISCLAIMER page.
Monthly Subscriptions. All listings are sold to run the full term that is chosen by the member. Monthly subscriptions (one month ) can be cancelled at any time. Canceling a listing will not disable the listing. Upon cancellation, a listing will continue to run through the end of the term in which it was cancelled. When a listing is disabled it is no longer visible on the site. No refunds or extensions of time are available for disabled or cancelled monthly (one month) listings. Our thirty (30) day money back guarantee only applies to one year listings and does not apply to monthly subscriptions. We reserve the right to refuse in our sole discretion any advertisement submitted to us either through our online submission process or sent to our offices for us to load or post onto the Site. We may refuse to publish the advertisement for any reason, and each current or prospective member expressly agrees to release and hold us harmless from any loss or liability that may arise from such a decision.
If, in our sole discretion, any member submits unsuitable material to our Site or into our database, persistently misuses the Site or our online systems, or is in material breach of these Terms, we reserve the right to remove immediately such member's property from the Site without refund.
If we become aware of or receive a complaint from any person or entity regarding a member's listing or rental practices that, in our sole discretion, warrants the immediate removal of such member's allegedly offensive listing from the Site (for example, and without limitation, if a member double-books a property for multiple travelers on the same date, or engages in any practice that, in our sole discretion, would be considered unfair within the vacation rental industry, or if we receive a complaint that any listing's content infringes on the rights of a third party), then we may immediately remove the allegedly offensive listing from the Site without notice to the member and without refund while we investigate the basis for the complaint. If we conclude, in our sole discretion, that any such complaint is meritorious, then we may permanently remove the offensive listing from the site without notice to the member and without refund.
If any member is in breach of these Terms or its obligations to us then we may immediately remove such member's listing from the Site without notice to the member and without refund.
No listing may be transferred to another party, except that if a member sells the property that is listed, the member may transfer its listing to the new owner of the property that is listed. We may, at our discretion, charge a reasonable transfer fee.
General. Payment for monthly subscriptions (one month) must be made in U.S. Dollars paid either by major credit card or debit card. Payment for annual subscriptions (one year listings) must be made in U.S. Dollars paid either by major credit or debit card, or a check drawn on a U.S. bank. We do not store your credit card information on our servers, and we do not keep credit card numbers on any server in any file or database, rather, we will recall your credit card information from our payment provider when and if needed for any auto-renewal of your subscription.
Automatic Renewal. As of September 2009, for any subscription paid for via credit card, such subscription shall automatically renew at the expiration of the then-current term for an additional term of the same duration as the initial term and at the then-current non-promotional subscription rate. This automatic renewal feature allows your service to remain uninterrupted at the expiration of your then-current term. If you do not wish for your subscription to be automatically renewed, you must manually cancel your subscription in your Owner Dashboard at any time prior to expiration of the then- current term. Upon any such manual cancellation, your subscription will remain active through the expiration of your then-current subscription term; however your subscription will not be automatically renewed upon the expiration of your then-current term. If your subscription is cancelled at the end of your then-current subscription term for any reason and you thereafter desire to renew your subscription, you will be required to pay the then-current non-promotional subscription rate to activate a new subscription. If you do not cancel your subscription or if you continue to use our subscription service, you re-affirm and authorize us to charge your credit card 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. You agree to be responsible for any such charges, and we reserve the right to obtain payment directly from you if necessary. For annual (one year listings) subscriptions, we will notify you of the pending renewal of your subscription at least fifteen (15) days prior to the date your subscription renews, except as otherwise required by law. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
General. Sports Stay, LLC acts as an intermediary between buyers and ticket sellers (ďTICKET SELLERSĒ) to facilitate the purchase and sale of event tickets, and as such is not directly involved in the actual ticket sale transaction between the buyers and TICKET SELLERS. The following are the rules or "TERMS" that govern use of the Sports Stay, LLC Web Site ("SITE") by USER, the USER of the SITE ("USER"). By using or visiting the SITE, USER expressly agrees to be bound by these TERMS and to follow these TERMS and all applicable laws and regulations governing the SITE. Sports Stay, LLC reserves the right to change these TERMS at any time, effective immediately upon posting on the SITE. If USER violates these TERMS Sports Stay, LLC may terminate USER's access to the SITE, bar USER from future use of the SITE, cancel USER's ticket order, and/or take appropriate legal action against USER.
Above Face Value. Tickets sold through SITE are often obtained through secondary market TICKET SELLERS and are being resold, in many cases, above the price or "face value" listed on the ticket. All ticket prices include additional service charges and handling fees as defined on each order. SITE and its TICKET SELLERS are not directly affiliated with any performer, sports team, or venue; and SITE does not act as a primary sale box office, unless otherwise stated. By agreeing to these TERMS, USER agrees that the purchase price for tickets on their order does not reflect the original purchase price of the ticket and may be either higher or lower than the original purchase price.
Orders. Orders placed through SITE will be fulfilled by one of our network of participating TICKET SELLERS. Contact information for the TICKET SELLER who fulfills USER's order (hereinafter known as "FULFILLER") will be provided to USER upon completion of the purchase process. If this information is lost, USER may contact email@example.com to retrieve information about the order.
All sales are final. Since tickets are a one-of-a-kind item and not replaceable, there are no refunds, exchanges or cancellations. If an event is postponed, tickets will be honored for the rescheduled date. New tickets will not need to be issued. If an event is cancelled without a rescheduled date, User will need to contact the FULFILLER for a refund. The FULFILLER may require the User to return the supplied tickets at User's expense before receiving any refund User is entitled to due to cancellation. Ticketnetwork.com is not responsible for providing or securing this refund for User. Any shipping and handling charges are not refundable. Neither Ticketnetwork.com nor the FULFILLER will issue exchanges or refunds after a purchase has been made or for lost, stolen, damaged or destroyed tickets. When User receives tickets, User should keep them in a safe place. Please note that direct sunlight or heat may damage tickets.
Pricing. All prices are in United States Dollars (USD) unless otherwise specifically stated. SITE cannot confirm the price of an item until after an order is completed by USER. Despite SITE's best efforts, a small number of the items listed on the SITE may be priced incorrectly. If the FULFILLER discovers an item's correct price is higher than the stated price, the FULFILLER will either complete the order at the original price, contact USER to inform them of different price with an option to purchase, or cancel USER's order and notify USER of such cancellation.
Taxes. Prices stated on the SITE do not include any state or other local taxes that may apply to USER's order. TICKET SELLERS may collect sales tax as is appropriate for their locality.
Credit Card Charges. USER's credit card will be charged by the FULFILLER responsible for fulfilling their order and not SITE. If USER have any questions about charges on User credit card statement, feel free to contact us at firstname.lastname@example.org or to direct User question to FULFILLER responsible for completing the ticket order. FULFILLER may charge or authorize USERíS credit card in advance of confirming ticket availability. If tickets are ultimately found to be unavailable, the USERíS credit card will not be charged or USER will receive a full refund for the charged amount.
Event Listings. SITE does not guarantee the accuracy of event information on SITE including but not limited to event name, event location or venue, event start time, or event date.
Ticket Holder Behavior Policy. The USER agrees to abide by all rules and policies of the venue where the event is located relating to conduct and behavior. Should the USER be ejected from the event for failure to abide by the venueís rules and policies, USER shall be subject to all applicable fines and legal or other expenses associated with the ejection. Further, should the ejection result in the loss of the TICKET SELLERís right to use any other season tickets at that venue, or the right to purchase other tickets from that venue, USER shall be held liable for all reasonable costs, expenses, and losses associated with said loss, including but not limited to all direct, indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits.
Ticket Availability. SITE cannot guarantee ticket availability until the USER is in possession of their tickets. Generally, all ticket listings on SITE are a unique set of tickets from an individual TICKET SELLER. Some ticket listings on SITE may only be representations of available tickets and not actual seat locations or currently available tickets. Occasionally tickets ordered may no longer be available at the price or in the quantity originally ordered at the time the order is received. If equivalent or better seat locations are available at the same price, the TICKET SELLER will fill the order with the alternative seat locations. If no alternates are available, either the USERíS credit card will not be charged at all or the entire amount will be refunded, and USER will be notified that the ticket request has been rejected.
Fraudulent Use. In order to protect our USERs from fraud, a USER may be required to provide additional proof of identify on any order. Proof of identity may include but is not limited to a signed credit card authorization and/or photocopies of public documents such as a state driver's license or federal passport.
Shipping. All orders are shipped to USER using the delivery method chosen for the order. All shipments are to the billing address of USERS credit card (no exceptions). Most orders are shipped the same business day in which they are received. Orders placed after business hours may be shipped on the next business day. Shipments may require direct signature at the point of delivery.
Delayed Shipment. For certain events including but not limited to the following: all off-season orders for professional sporting leagues, concerts, and Las Vegas events tickets may not be available for immediate shipment. In these situations tickets may be marked with an estimated ship date. USER will be provided with account access information that will allow them to view the status of their order and tracking information, if available, after purchase. In the case where tracking information is not available USER may contact a representative of the FULFILLER for shipment information or an estimated delivery date. Tickets will be shipped when available, and choice of an expedited delivery method does not guarantee that tickets will be shipped immediately.
International Shipping. Customers outside of the United States must choose an International Delivery option. If a domestic shipping option is chosen for an order to be shipped outside the United States, the shipping cost will be adjusted by the FULILLER after the order is placed to use the International Rate.
Delivery Verification. If USER specifies a shipping address that does not allow for Delivery Verification, such as a Post Office Box, USER may be required to pay an additional fee to cover the additional risks associated with this type of order. If such a shipping address is used, the FULFILLER will, at their discretion, either contact USER about the additional fee prior to shipping or cancel User order and notify USER of such cancellation.
Permitted Use. USER agrees that USER is only authorized to visit, view and to retain a copy of pages of this SITE for USER's own personal use, and that USER shall not duplicate, download, publish, modify or otherwise distribute the material on this SITE for any purpose other than to review event and promotional information, for personal use, or to purchase tickets or merchandise for USER's personal use, unless otherwise specifically authorized by SITE to do so. The content and software on this SITE is the property of SITE and/or its suppliers and is protected by U.S. and international copyright laws.
Links. The SITE may automatically produce search results that reference or link to third party SITEs throughout the World Wide Web. SITE has no control over these SITEs or the content within them. SITE cannot guarantee, represent or warrant that the content contained in the SITEs is accurate, legal and/or inoffensive. SITE does not endorse the content of any third party SITE, nor do we warrant that they will not contain viruses or otherwise impact USER's computer systems. By using the SITE to search for or link to another SITE, USER agrees and understands that USER may not make any claim against SITE for any damages or losses, whatsoever, resulting from use of the SITE to obtain search results or to link to another SITE. If USER experiences a problem with a link from the SITE, please notify us at Admin@sportsstay.comand we will investigate USER's claim and take any actions we deem appropriate at our sole discretion.
Violation of the Terms. SITE, in its sole discretion, and without prior notice, may terminate USER's access to the SITE, cancel USER's ticket order or exercise any other remedy available to it. USER agrees that monetary damages may not provide a sufficient remedy to SITE for violations of these terms and conditions and USER consents to injunctive or other equitable relief for such violations. SITE may release USER information by operation of law, if the information is necessary to address an unlawful or harmful activity against SITE. SITE is not required to provide any refund to USER if USER are terminated as a USER of this SITE.
Intellectual Property Information. For purposes of these TERMS, CONTENT is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes, but is in no way limited to, message boards, chat, and other original content. By accepting these TERMS, USER acknowledge and agree that all CONTENT presented to USER on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of SITE and/or its Affiliates. USER are only permitted to use the CONTENT as expressly authorized by us or the specific CONTENT provider. Except for a single copy made for personal use only, USER may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific CONTENT provider, and USER are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither we or our Affiliates warrant or represent that User use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. All other trademarks or service marks are property of their respective owners. Nothing in these TERMS grants USER any right to use any trademark, service mark, logo, and/or the name of SITE or its Affiliates.
SITE reserves the right to terminate the privileges of any USER who uses this SITE to unlawfully transmit or receive copyrighted material without a license or express consent, valid defense or fair use exemption to do so. After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the USER that they have used this SITE as an instrument of unlawful infringement, we will terminate the infringing USERS' rights to use and/or access to this SITE. We may, also in our sole discretion, decide to terminate a USER's rights to use or access to the SITE prior to that time if we believe that the alleged infringement has occurred.
Disclaimers. SITE MAKES NO ASSURANCES THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY SITE CONTENT, SEARCH OR LINK THEREIN. THE SITE AND SITE CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. SITE MAKES NO ASSURANCES THAT FILES USER ACCESSES OR DOWNLOADS FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, VICARIOUS, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF BUSINESS OR LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SITE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, SITE USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE SITE SERVICE OR OTHERWISE RELATED TO USER USE OF THE SITE AND/OR THE SITE SERVICE. SITE IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY TICKET BROKER, VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.
Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will SITE be liable to USER for any indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits, even if SITE has been advised of the possibility of such damages. USER further agrees that the maximum available remedy on any successful claim is a refund of the amount paid by the USER when placing an order through SITE.
Indemnity. USER agrees to indemnify and hold SITE, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of USER's use of the SITE, including also USER's use of the SITE to provide a link to another site or to upload content or other information to the SITE.
Governing Law. USER agrees that any controversy or claim arising out of or relating to the use of SITE will be governed by the laws of the State of Hawaii without regard to its conflict of law provisions. User agrees to personal jurisdiction by venue in the state and federal courts of the State of Hawaii, City and County of Honolulu.
Arbitration. Any controversy or claim arising out of or relating to the use of the SITE, or any alleged breach of these policies, shall be resolved through binding arbitration in the jurisdiction of SITEís headquarters, City and County of Honolulu, Hawaii, and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Optional Rules for Emergency Measures of Protection. Any award issued through arbitration is enforceable in any court of competent jurisdiction.
Force Majeure. SITE shall not be deemed in default or otherwise liable under these rules and policies due to its inability to perform its obligations by reason of any fire, earthquake, flood, substantial snowstorm, epidemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, cyber-terrorism, embargo, war, act of God, or any municipal, county, state or national ordinance or law, or any executive, administrative or judicial order (which order is not the result of any act or omission which would constitute a default hereunder), or any failure or delay of any transportation, power, or communications system or any other or similar cause not under SITEíS control (hereinafter all of the foregoing is collectively referred to as FORCE MAJEURE). Notwithstanding the foregoing, SITE shall be permitted to terminate this Agreement with or without notice to the USER in the event that USER is prevented from performing hereunder due to FORCE MAJEURE.
USER Account. USER will select a username and password as part of the registration process. All USER account pages are protected with Secure Socket Layer (SSL) encryption. USER is fully responsible for maintaining the confidentiality of their username and password. USER agrees to immediately notify SITE at email@example.com should USER know, or have reasonable grounds to suspect, that the username or password have been compromised. SITE shall not be responsible for USER's failure to abide by this paragraph. SITE may, in its sole discretion, terminate the USER's account for any reason. Under no circumstances shall SITE be liable to any USER or third party for termination of a USER's account.
Third Party Advertisers. SITE may allow third party advertisers to advertise on the SITE. SITE undertakes no responsibility for USER's dealings with, including any on-line or other purchases from, any third party advertisers. SITE shall not be responsible for any loss or damage incurred by USER in its dealings with third party advertisers.