Terms & Conditions
Last updated: May 31, 2017
Users listing property, or accepting rentals or reservations, or users making a rental reservation or contracting for sale of a property, visiting the website for any purpose, or utilizing information from the website obtained in any fashion, are bound by these Terms. The terms “use of” or “access” to the website includes any direct or indirect access, or use of the website, or any cached version of the website, and any direct or indirect access or use of information or content found on the website, regardless of how obtained, and the term “website” includes any cached version thereof.
1. The Website is a Service Platform Facilitating the Listing of Properties for Sale or Rent by Owners or Brokers–We Are Not a Party to any Contract, Agreement or other Transaction between Users of the Site; We Are Not Brokers
All users of the site should be responsible about their own use of the website and any transaction entered into as a result of a listing of property, or an offer to rent or sell property. The website is a platform to advertise property and does not own or manage, nor can we contract for, any home or rental site listed on our website. The website provides a service platform to allow homeowners, property managers and real estate professionals the opportunity to offer property for rent or sale in a variety of pricing formats, or to provide a specific property to potential buyers, or rentals to other users of the website, or to search and book properties for rent or purchase. We are not a party to any rental agreement or contract for sale between the users. This is true even though the website provides tools which facilitate the rental process or the contract for purchase and sale of real estate process. We are not the brokers of any transaction between users. We do not receive any commission or other consideration for the sale or rental of properties on this website. As a result, any portion of any actual or potential transaction between users including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings, the ability of the users to enter into such contracts, are solely the responsibility of the users. Users acknowledge that they may be required to enter into additional legal agreements or contracts, waivers, or terms and conditions before finalizing a booking, or purchase, and one user may place additional restrictions on fellow users which are necessary to finalize such agreements.
2. Users Agree They are Subject to All Applicable Laws, Rules, and Regulations
Users agree that they are responsible for, and agree to abide by, all laws, rules, regulations applicable to their use of the website, their use of any tool, service or product offered on the website, and any transaction they enter into on the website in connection with their use of the website. Users agree they are responsible for, and agree to abide by, all laws, rules and regulations applicable to the listing of property for sale or for rent in New York State, including but not limited to all anti-discrimination and fair housing laws, zoning ordinances, taxes, brokerage license or permit requirements, safety compliance, data and privacy regulations, consumer credit information, as applicable. . Users agree that although www.ADKstay.com is not a party or broker for any rental or sales transaction and we assume no liability for legal or regulatory compliance related to user transactions or agreements, there may be circumstances were the website is legally obligated, as determined in our sole discretion, to provide information regarding user listings in order to comply with requests for information from governmental bodies in relation investigations, litigation, administrative proceedings, and compliance with these requests is within out sole discretion. We assume no liability for discriminatory, fraudulent or inherently dangerous transactions. We may provide warnings to users about such activity, however we do not warrant that such warnings are accurate or reach users in a timely manner or such measures will prevent harm.
3. Limited License to Use Website
Users who properly create a valid account for www.ADKstay.com are granted a limited, revocable, non-exclusive license to access the website and content and service for the purpose of listing a property, finding a purchase or rental property, participating in an interactive area hosted on the website or other purpose clearly stated on the website in accordance with all Terms. Any use of the website not contemplated above, or not in accordance with these Terms or as otherwise authorized is expressly prohibited. The license to use the website does not include any right of collection, aggregation, copying, scraping, duplication, display or any derivative use of the website, nor any use of data mining, robots, spiders, or similar data gathering and extraction tools without prior written permission, however, a limited exception is provided to a general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the website. This exception is not meant to include websites or search engines that provides classified listings or property advertisements or any subset of same which is in the business of providing similar services or competing with us. If a user becomes aware of or experiences any content, activity, or communication in connection with website that appears to be in conflict with the license given, or in violation of any of these Terms, please contact www.ADKstay.com with this information. This license does not allow the following usage: Commercial use of the website, except by users in good standing; Spam, unwanted contact, or content that is shared repeatedly in a disruptive manner; Content that endorses or promotes illegal or harmful activity or is false, fraudulent or misleading including making a reservation under false pretenses or taking any action that may be considered phishing or that would give rise to criminal or civil liability; Posting or transmitting any unlawful, illegal, threatening, abusive, libelous, defamatory, obscene, vulgar, sexually explicit or profane material; Posting or transmitting content which violates, plagiarize or infringe the rights of the website or third parties including copyright, trademark, patent, trade secrets rights or intellectual proprietary right.
4. Identity Verification
User verification on the internet is difficult and the website cannot and will not assume any responsibility for the confirmation of each user’s purported identity. Creation of a user account utilizing false or misleading data is a violation of these Terms and will not constitute a valid user account. Users should take all reasonable measures to confirm the other user’s identity, details regarding the property, and relevant details related to contracts or agreements. Users agree to keep their password and online ID for www.ADKstay.com account and your email account secure and strictly confidential, providing it only to authorized users of your accounts. Users must instruct any users which have been authorized to use their password and online ID that this information may not be shared with others for any reason. Users must notify the website immediately if they receive information that indicates that an unauthorized user may have accessed their website account. Each user acknowledges that www.ADKstay.com will not have any liability to any user for any unauthorized transaction made using a user’s password and online ID. The unauthorized use of your password and/or online ID may cause the user to incur liability to the website and/or other users for unauthorized transactions. The website may suspend or cancel a listing at any time without receiving notice from you, if we suspect in our sole discretion, that your account or your email account associated with your website account is being used in an unauthorized or fraudulent manner.
5. Responsibility for User-contributed Content
The website has no duty to pre-screen content posted on the website by users. The website is not responsible for user-produced content such as property listings, rental reviews, or participation in forums or blogs. www.ADKstay.com is not a broker for real estate under any state laws and is solely a platform for the advertisement of property by owners or brokers. Listing owners or brokers take full responsibility for any content describing or listing property. Website may decline to permit a posting if we receive notice that user-produced content fails to follow these Terms. We also may remove or edit user-produced content in order to enforce compliance with these Terms. All property listings are the sole responsibility of the user, and the website disclaims any liability arising from the alleged accuracy of the listings or reviews or any alleged breach of contract on any user’s part. Users must keep their information up-to-date on the website including amenities, location, price, reviews, and availability information. By submitting content, the user grants the website a perpetual, worldwide, irrevocable, unrestricted, non-exclusive fully paid license to copy, license display, reproduce, edit and otherwise exploit the content provided in connection with our business model.
6. Limitation of Liability
In no event shall www.ADKstay.com, its affiliates, officers, directors, consultants or agents and employees be liable for any lost profits or any direct or indirect incidental or punitive damages arising out of or resulting from use of the website or tools and services provided thereon by any user or property owner, including without limitation any payment for financial transaction between users, or users and third parties, despite any claim of notice of the potential for damages. These limitations of liability apply without regard to whether the damages arise for breach of contract, breach of warranty, strict liability, tort liability negligence or any other cause of action to the maximum extent such exclusion and limitation are not prohibited by applicable law. By your use of the website all users and property owners agree that their sole and exclusive remedy for any perceived losses or damages or disagreement with the website shall be to discontinue using the website. In any event, users and property owners agree that any claimed damages shall be limited to $100 in the aggregate for all claims.
The website, including all content, tools, services, materials, information and software associated, which is made available or accessed on the website is provided “as is” and the website makes no representations or warranties of any kind regarding the accuracy or completeness of such content, tools, services, materials, information or software. In addition, the website expressly disclaims any express or implied warranties of any kind with regard to merchantability, fitness for purpose, accuracy, or non-infringement related to such content, tools, services, materials, information or software.
8. Release and Indemnification
IN THE EVENT A USER OR PROPERTY OWNER ENTERS INTO A DISPUTE WITH A ONE OR MORE USERS OF THE WEBSITE OR ANY PROPERTY OWNER OR THIRD PARTY, SAID USERS AGREE TO RELEASE AND HOLD HARMLESS AND FOREVER DISCHARGE www.ADKstay.com AND ITS AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS OR AGENTS AND EMPLOYEES AND ANY OTHER RELATED PERSONS AND ENTITIES FROM ANY AND ALL 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 AND FOREVER ARISE FROM, RELATE TO OR ARE CONNECTED WITH SUCH DISPUTE AND THE USE OF THE WEBSITE. USERS AGREE TO INDEMNIFY AND HOLD HARMLESS www.ADKstay.com FROM AND AGAINST ALL SUCH LIABILITY, COSTS ARISING IN CONNECTION WITH ANY CLAIM ARISING FROM OR INVOLVING SAID USERS, PROPERTY OWNER, OR THIRD PARTIES’ USE OF THE WEBSITE. THE WEBSITE RESERVES THE RIGHT, AT OUR EXPENSE, TO ASSUME EXCLUSIVE CONTROL OF THE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY USER. USERS MAY NOT SETTLE ANY MATTER DIRECTLY OR INDIRECTLY INVOLVING THE WEBSITE WITHOUT THE WRITTEN CONSENT OF www.ADKstay.com, ITS AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS OR AGENTS AND EMPLOYEES OR ANY OTHER RELATED PERSONS AND ENTITIES.
www.ADKstay.com is committed to customer satisfaction, and we will attempt to resolve disputes and concerns as promptly as possible. If we are unsuccessful in resolving disputes, users may pursue disputes relating to the website according to this section. Users agree that any and all claims will be resolved by binding arbitration, rather than court action. There is no judge and jury available in arbitration and court review of an arbitration award is limited. Arbitration shall be conducted by the American Arbitration Association (“AAA”) under its rules. Payment for all filing, administration, and arbiter fees will be governed by AAA rules. Any and all proceedings to resolve claims will be conducted on an individual basis and not as a class, consolidated or representative action. If for any reason a claim should proceed in Court, users agree that the claim shall be venued in the state of New York and agree to waive the right to jury trial.
10. Subscription Term and No Refund Policy
As www.ADKstay.com is not a party to contracts between users, or users and third parties, (see Paragraph 1); it therefore has no responsibility for refund policies related to cancellations or otherwise between users, property owners, renters or other third parties or contractors related to listing. Users must refer to, and rely upon, cancellation policies and refund policies as determined by the listing party and NOT to the website.
With regard to the website listing fee, users agree that once a listing is submitted for posting to the website, the listing will run for the full term as chosen by the user. In any event, the term begins at the point payment has been received and expires one year thereafter. Generally NO REFUNDS are available unless the user qualifies for a special refund program which the website has in effect. Creation of an “accidental “ listing, or simply wishing to cancel a listing before expiration of the one year term, or sale of the property, do not qualify as special programs. If notified the website can remove a listing, however this does not mean that refund will be due. If a user feels they qualify for a refund, they may contact the website. Such contact should include the user’s request and the details surrounding the refund request. Determination of whether a refund is due is within the sole discretion of the website.