Terms of Service
Last Updated: October 26, 2023
These Terms of Service ("Agreement") govern your access to and use of the website timberstay.com (the "Website") operated by Timber Stay. By accessing or utilizing the Website, you hereby acknowledge your understanding and full acceptance of these terms and conditions. Should you not agree to be bound by all of these terms, you are explicitly prohibited from accessing or using the Website.
1. Acceptance of Terms
Your access to and use of the Timber Stay Website, including any content, functionality, and services offered on or through the Website, constitutes your irrevocable agreement to these Terms of Service and our Privacy Policy, which is incorporated herein by reference. This Agreement constitutes a legally binding contract between you and Timber Stay.
2. Description of Services
Timber Stay provides an online platform designed to offer information regarding our accommodation services, facilitate bookings, and provide related services and content. The services are subject to change or discontinuation at our sole discretion, without prior notice.
3. User Obligations and Acceptable Use
3.1. Users are permitted to utilize the Website exclusively for lawful purposes and in a manner that does not infringe upon the rights of, restrict, or inhibit anyone else's use and enjoyment of the Website.
3.2. You covenant and agree to provide accurate, current, and complete information when prompted by the Website, including during any registration or booking processes.
3.3. Prohibited activities include, but are not limited to: a. Engaging in any conduct that violates any applicable national, state, local, or international law or regulation. b. Transmitting or procuring the sending of any advertising or promotional material, including "junk mail," "chain letter," "spam," or any other similar solicitation. c. Impersonating or attempting to impersonate Timber Stay, a Timber Stay employee, another user, or any other person or entity. d. Introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. e. Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
4. Intellectual Property Rights
4.1. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Timber Stay, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2. These Terms of Service grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website strictly for your personal, non-commercial use. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Timber Stay.
5. Limitation of Liability
5.1. THE WEBSITE AND ALL CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TIMBER STAY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
5.2. IN NO EVENT WILL TIMBER STAY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
6. Indemnification
You agree to defend, indemnify, and hold harmless Timber Stay, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.
7. Termination
Timber Stay reserves the right, in its sole discretion, to terminate your access to all or part of the Website for any reason, including without limitation any breach of these Terms of Service. All provisions of these Terms of Service which by their nature should survive termination, including, without limitation, intellectual property ownership, warranty disclaimers, indemnity, and limitations of liability, shall survive termination.
8. Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of, or related to, them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of [Jurisdiction of Business, e.g., the State of Colorado] without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of [Jurisdiction of Business, e.g., the State of Colorado], although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country.
9. Changes to the Terms of Service
Timber Stay may revise and update these Terms of Service from time to time in its sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes.
10. Contact Information
Should you have any inquiries regarding these Terms of Service, please contact us at:
Email: [email protected]