MERCHANT AND USER AGREEMENT
Welcome to www.LeadvilleTwinLakes.com (the “site”). The site is owned and operated by Lake County Government (“COMPANY”). By using the site, you are agreeing to the terms of this User Agreement (the “Agreement”). If you do not wish to be bound by the Agreement after you have read it, please leave the site. If you remain on the site, or return thereafter, you agree to be bound by the Agreement. We reserve the right to amend the Agreement from time to time without notice and at our discretion. It is your responsibility to periodically review the link to the Agreement on the site for updates to the Agreement, which shall come into effect once posted. This Agreement applies to you, your agents, representatives, employees, joint venturers, partners, legal entities, affiliates, and subsidiaries (collectively “you.”)
You are responsible for conducting your own investigation regarding any and all claims made by persons using this website. You assume all liability for use of any information you find on the site or in any COMPANY publication. COMPANY assumes no responsibility and in no way warrants the accuracy of the information contained in any of the pages published on the site.
Any item rented or sold through the site is subject to the refund and cancellation policies of the owner of the item. COMPANY recommends that prospective purchasers or renters ask for and receive a written notice of the owner’s refund and cancellation policies from the owner. COMPANY is not responsible for the refund of any amounts paid to any other user of the site.
Waiver and Release
None of the information contained on the site is confirmed or warranted by COMPANY. Confirmation of information published on the site is the sole responsibility of the renter or purchaser. Terms of sale and qualification of renters is the sole responsibility of the owner of the item or the owner’s agent.
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. THERE IS NO WARRANTY THAT YOUR ACCESS TO OR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY PARTICULAR RESULTS MAY BE OBTAINED BY USE OF THIS SITE. THIS SITE IS MADE AVAILABLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE, OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER COMPANY NOR ANY OTHER PERSON OR ENTITY PROVIDING CONTENT VIA THIS SITE SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. COMPANY IS NOT LIABLE FOR ANY LOSS OF MONEY, GOODWILL, OR REPUTATION, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OUR SITE. IF COMPANY IS FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) USD $100.00.
You will not hold COMPANY responsible for other users’ actions or inactions, including content and information published, displayed or otherwise communicated in any manner (hereafter “post”) on the site. You acknowledge that COMPANY is a venue to allow anyone to offer to rent, sell, and purchase vacant and/or improved real property. COMPANY is not involved in the actual transaction between renters, purchasers, and owners. COMPANY has no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of owners to sell or rent items, the ability of purchasers or renters to pay for items, or that a purchaser, renter, or owner will actually complete a transaction.
COMPANY does not transfer legal ownership or possession of items listed on its site, and nothing in this agreement shall modify the governing provisions of Colorado’s Uniform Commercial Code or any other state’s Uniform Commercial Code.
If you have a dispute with one or more users, you release COMPANY (and its officers, directors, agents, subsidiaries, joint ventures and employees, and volunteers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree to waive the benefit of any law that generally provides that a release does not extend to claims which a 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 a debtor.
Merchant Cancellation Policy
COMPANY rental listings run on a monthly or annual basis. Due to the low cost of listing an item on the site and other benefits of exposure on the site, COMPANY will not offer refunds on any listings. Users are responsible for investigating and adhering to all local regulations including, but not limited to, permits, licenses, insurance, taxes, and safety compliance.
If you wish to remove your item from the market, we can temporarily inactivate the COMPANY listing and reactivate it at a future date. Your COMPANY listing stays in force through the original term and the renewal date does not change (the renewal date will not be extended during the time that the item is off the market). No refunds will be given if you remove an item from the market for any reason.
COMPANY does not participate in or tolerate the sending of Unsolicited Commercial Email (SPAM) – COMPANY reserves the right to cancel (without refund) any member that mentions COMPANY or any of its associated websites, URLs, or any associated COMPANY email address in any SPAM e-mail message or Usenet posting. COMPANY is the sole judge in determining what constitutes SPAM.
Inquires are delivered via Internet email from a link that originates on the site and are not to be considered private. Internet e-mail delivery is not 100% reliable and COMPANY cannot be held responsible for undelivered inquiries or for missed income as a result of undelivered inquiries. Generally, you will provide your e-mail address to another user of the site, and further communication will take place without any involvement or interference from COMPANY. COMPANY, at its own discretion, may supply to potential renters or purchasers the direct e-mail address and or phone number of COMPANY advertisers for the purpose of making an inquiry.
Merchant Membership Policies
Compliance with Laws
You and users are responsible for investigating and adhering to all federal, state, and local laws, rules, and regulations including, but not limited to permits, licenses, insurance, taxes, and safety compliance.
All users agree to act responsibly in using the site, and agree that:
- Users are solely responsible for the content and information that they post on the site.
- Users will not post on the site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
- Users will use the service in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any county which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Use of, the service is void where prohibited.
- Users will not provide inaccurate, misleading or false information to any other user. If information provided to the on the site, subsequently becomes inaccurate, misleading, or false, you will promptly notify all users of the inaccuracy of such information by modifying your listing on the site.
- You will not use the site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from the site.
- Renters or purchasers will not fail to deliver payment for items purchased unless the owner has materially changed the item’s description after a bid or offer is submitted, a clear typographical error is made, or the owner’s identity cannot be authenticated.
- Item owners will not fail to deliver items rented or purchased, unless the renter or purchaser once a binding agreement has been reached unless the item owner is unable to authenticate the purchaser’s or renter’s identity.
- You will not manipulate the price of any item or interfere with other user’s listings.
- You will not distribute or post spam, chain letters, or pyramid schemes.
- You will not distribute viruses or any other technologies that may harm COMPANY, or the interests or property of other users of the site.
- You will not harvest or otherwise collect information about users, including email addresses, without their consent.
- You will promptly report to COMPANY any violation of the Terms of this Agreement by other users.
Termination or Suspension of Users
Without limiting other remedies, COMPANY shall have the right, but no obligation to, limit, suspend, or terminate our service and user accounts, prohibit access to site, remove hosted content, and take technical and legal steps to keep users off the site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. COMPANY does not have any obligation to take action against any user, and its failure to take action against a user for any reason shall not subject COMPANY to liability. Users of the site waive any right to take action against COMPANY for any reason.
You will indemnify, defend, and hold COMPANY (and its officers, directors, agents, subsidiaries, joint ventures and employees, and volunteers), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of the Agreement, or your violation of any law or the rights of a third party. By using or continuing to use the services of COMPANY, you agree to the terms and conditions of this disclaimer.
No Joint Venture
We are not your agent, fiduciary, trustee, joint venturer, partner or other representative. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for Our sole and exclusive benefit.
(a) This Agreement shall be treated as though it were executed and performed in the State of Colorado, USA and shall be governed by and construed in accordance with the laws of the State of Colorado, USA (without regard to conflict of law principles). (b) Any cause of action by you with respect to the site, any post, or any site services must be instituted within six (6) months after the cause of action arose or shall be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All actions shall be brought in the appropriate venue. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. (c) Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect, and a court of competent jurisdiction shall have the right to reform the invalid or unlawful portions of this Agreement to make them valid and enforceable. (d) To the extent that anything in or associated with the site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. (e) Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision or any other provisions of this Agreement. (f) This Agreement constitutes the entire and only agreement between COMPANY and you regarding its subject matter, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the site, the content, posts, goods and services provided by or through the site, payment for the same, and the subject matter of this Agreement.