Terms and Conditions

SmokyMountains.com Terms and Conditions

Last Updated: September 3, 2020.

By using the SmokyMountains.com website (the “Site”) or any SmokyMountains.com applications or application plug-ins (“Applications”), you agree to follow and be bound by these terms of use (the “Terms of Use”) as well as our Privacy Policy, and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words “you” and “your” refer to each customer, Site visitor, or Application user, “we”, “us” and “our” refer to StaySense LLC dba SmokyMountains.com and “Services” refers to all services provided by us. If you book a property with SmokyMountains.com the Service Fee is always non-refundable.

Quick Summary of Terms and Conditions

In no way is this summary intended to be a substitution for reading the entire Agreement. However, as a courtesy to you, this summary is provided as a means of quickly communicating the key points. Once checkout is completed on our website, the SmokyMountains.com Service Fee is always non-refundable. This fee is charged for the introduction to the property manager, which will be made via email and our attempt to procure a reservation on your behalf. The bullet points below will help expound on this.

  1. We help travelers find and reserve vacation accommodations. This may be in the form of a home, cabin, condo, hotel, motel, or any other dwelling. We also help suppliers advertise and book their accommodations and attractions through our Site. However, we are not privy, or Party to, any rental transaction that occurs through this site. We make no claims to proactively filter or guarantee the claims made by any supplier on this Site.
  2. You are bound by each suppliers booking, refund and cancellation policies. We are a venue – you book at your own risk with each supplier and we are in no way responsible for damages financially, punitive, or otherwise.
  3. StaySense LLC dba SmokyMountains.com charges a non-refundable service fee. Once a property has been booked through the website, the Service Fee is non-refundable. There are no exceptions to this policy. It is advised to purchase travel insurance through the local supplier or on your own, which may cover the Service Fee. Exceptions are not made to this policy due to inclement weather, poor health, members of the traveling party not being able to travel, sickness, natural disasters, Acts of God, or any other reason. If a property has a penalty-free cancellation period, the Service Fee, which is a fee charged for the introduction to the property manager is still non-refundable.
  4. The Service Fee charged by SmokyMountains.com is being charged for reservation procurement service and digital introduction to a local host. By completing a purchase on SmokyMountains.com you agree that the product is acceptable provided the reservation is procured and the digital introduction is made.
  5. We collect reviews on overnight accommodations as well as places of business. If you submit a review, photo, or other media/content we will protect your privacy and we will maintain the right to publish your review and content.
  6.  SmokyMountains.com protects its brand, content, website and users.  Any attempts by you to utilize the online venue provided by SmokyMountains.com  to commit bad acts, both civil and criminal, is strictly prohibited and is disclaimed.  Any use of this website constitutes an acknowledgment by users that SmokyMountains.com will not and cannot be held liable from those bad acts, both civil and criminal, committed by persons attempting to utilize this venue for nefarious purposes. 
  7. SmokyMountains.com  makes no warranty or representations regarding the condition of any property listed on its site.  Any hazards, both natural and man-made, are the sole responsibility of the homeowner and property managers who list property on the venue provided by SmokyMountains.com .  All representations made regarding the condition of the property are representations made homeowners and property managers.  SmokyMountains.com cannot be held liable for any injury resulting from a user’s stay at a property listed on SmokyMountains.com . 

COVID-19 Cancellation Clarification Summary of Terms

At this time, COVID-19 (Coronavirus) is a known risk. NO exceptions and/or credits of any kind will be made for cancellations due to COVID-19 or other illnesses.  While not limited to these items, the list of items that exceptions will NOT be granted for includes: government shutdowns, physicians orders, travel issues due to closures, cancellations/modifications of reservations made with common carriers including airlines, fear of travel, individuals in the traveling party being quarantined, individuals in the traveling party being deemed high-risk by physicians, Travel insurance is highly recommended. Again, the local host cancellation policies are in full effect and the SmokyMountains.com Service Fee is non-refundable if you decide to cancel due to COVID-19.

1. Website is a Venue and Not Party to Any Rental Agreement

 

We urge all users to be responsible about their use of this Site and any transaction entered into as a result of either listing a property or renting a property.  We do not own or manage, nor can we contract for, any vacation rental property or attraction listed on this Site unless explicitly noted on the properties individual listing. The Site provides an on-line marketplace to allow homeowners and property managers who advertise on the Site (each, a “member”) to offer for rent in a variety of pricing formats, a specific vacation or short term rental property to potential renters or renters (each, a “traveler” and, collectively with a member, the “users”). “Members” may also include property owners or managers who originally advertised their properties on another website and their listings have been redistributed on the Site. We also may offer online booking or other tools or services to allow users to communicate with each other and enter into rental agreements or other transactions. We are not a party to any rental or other agreement between users. This is true even if the Site allows you to book a rental or provides other ancillary products or services, as the Site may facilitate booking a rental or other tools, services or products, but we are not a party to any rental or other agreement between users. As a result, any part of an actual or potential transaction between a traveler and a member, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any review relating to any traveler or property), the ability of members to rent a vacation property or the ability of travelers to contract for properties are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions before making a booking or purchasing a product or service and SmokyMountains.com or one of its affiliates may place additional restrictions on your booking, product or service.  Any claims between users arising out of any agreement between a member and a traveler shall be between those parties to the agreement.  Users agree that SmokyMountains.com is not a party to an agreement between a member and traveler. 

Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site.

Even though SmokyMountains.com is not a party to any rental transaction and assumes no liability for legal and regulatory compliance pertaining to rental properties listed on the Site, there may be circumstances where we are legally obligated to provide information relating to listings in order to comply with requests from governmental bodies in relation to investigations, litigation, and/or administrative proceedings. The decision to comply with said obligations is the sole obligation of SmokyMountains.com.

 Members further agree that they are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to the listing of their rental property and the conduct of their rental business, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Members who accept credit card, banking or other payment information from travelers agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices. Although most travel is completed without a serious incident, travel to some destinations may involve more risk than others.  We urge travelers to research the location they wish to visit and to review travel prohibitions, warnings, announcements and advisories issued by the United States Government before booking.  Information may be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.While we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions.  When we provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm or otherwise have any impact.

2. Use of this Site

As a condition of your use of this Site, you warrant that (i) you are at least 18 years of age, (ii) you possess the legal authority to create a binding legal obligation, (iii) you will use this Site in accordance with this Agreement, (iv) you will only use this Site to make legitimate reservations for you or for another person for whom you are legally authorized to act, (v) all information supplied by you on this Website is true, accurate, current and complete, and (vi) if you have a SmokyMountains.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

3. Limited License

Users are granted a limited, revocable non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of advertising a property, searching for a property, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or services offered on any Site, participating in an interactive area hosted on the Site or for any other purpose clearly stated on a Site, all in accordance with the Terms.  Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.

4. Prohibited Activities and Unauthorized Use of the Website

The license to use the Website only extends to the uses expressly described herein. The content and information on this Website (including, but not limited to, price and availability of vacation rental properties and travel services, written reviews of businesses and attractions, photos, blog posts, as well as any and all graphics), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

  1. use this Website or its contents for any commercial purpose;
  2. make, or use the Website to make, any speculative, false, or fraudulent reservation, reservation request or any reservation in anticipation of demand;
  3. access, monitor, reproduce, upload, republish, distribute, transmit, display or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  4. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  5. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure, adversely affects the performance of the Website, or infringes on our copyright or the copyright of our suppliers;
  6. deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission;
  7. “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization;
  8. take any action that may undermine the feedback or ratings systems, including posting false, inaccurate or misleading feedback, ratings and reviews;
  9. sell, offer for sale, transfer, or license any portion of the Website in any form to any third parties;
  10. violate, infringe on the rights, or plagiarize information owned and/or controlled by SmokyMountains.com or any other persons or entities affiliated with SmokyMountains.com.  Said rights include any trade secret, copyright, patent, or any other intellectual and/or proprietary property held by SmokyMountains.com; and  
  11. post or transmit any false, inaccurate, misleading, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by this Agreement

5. Verification of Identity of Persons

User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user’s purported identity. We encourage you to communicate directly with a traveler or member through the tools available on the Website, though even this does not assure you of the identity of the person with which you are communicating. You agree to (i) keep your password and online ID for both your account with us and any personal email account associated with your account secure and strictly confidential, providing it only to authorized users of your accounts, (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 for either your account with us or your email account 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. We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us or your email account, even those transactions that are fraudulent or that you did not intend or want performed. EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER SMOKYMOUNTAINS.COM NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR SMOKYMOUNTAINS.COM ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH SMOKYMOUNTAINS.COM AND OTHER USERS.  Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.

6. Reviews, Comments and Other Submissions

Thank you for contributing to the SmokyMountains.com community of travelers, guests, hosts, and other participating parties. Please be aware that by submitting content to this Site by email, postings on this Site or otherwise, including any hotel/vacation rental reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant SmokyMountains.com and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission. You acknowledge that SmokyMountains.com may choose to provide attribution of your comments or reviews at our discretion. You further grant SmokyMountains.com the right to pursue at law any person or entity that violates your or SmokyMountains.com’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. This Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on this Website (“Interactive Areas”). If SmokyMountains.com provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Site any of the following:

  1. Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;
  3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including SmokyMountains.com;
  5. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
  6. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  7. Viruses, corrupted data or other harmful, disruptive or destructive files;
  8. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
  9. Content or links to content that, in the sole judgment of SmokyMountains.com, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) which may expose SmokyMountains.com or its affiliates or its users to any harm or liability of any type.

7. No Responsibility

SmokyMountains.com takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is SmokyMountains.com liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, SmokyMountains.com has no duty to pre-screen content posted on the website and is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although SmokyMountains.com has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, SmokyMountains.com reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense. If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by SmokyMountains.com or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release SmokyMountains.com, and its licensees, successors and assigns, from any claims that you could otherwise assert against SmokyMountains.com by virtue of any such moral rights.

8. No Spam

We take spam and unsolicited commercial electronic communications seriously. In respect to others’ personal information that may be obtained through normal activities performed on this Site, you must agree to:

  1. Give users an obvious opportunity to remove their information from your database or other records and to review what information you have collected.
  2. Not send unsolicited commercial electronic communications of any sort.
  3. Not add a user to a mailing list (electronic or physical) without the user’s express consent. Doing otherwise is considered spam and not tolerated by SmokyMountains.com

9. No responsibility to listing, reviews and other user-contributed content

We hold no obligation to pre-screen content posted on the Site by members, travelers, providers, or other users whether it was provided directly by a user and/or provider or contributed to us by a third party. All property listings on the Site are the sole responsibility of the member (who may be the owner or a property manager or duly authorized agent of the owner) and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, reviews or any alleged breaches of contract on a user’s part.  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, price and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, traveler or property reviews, guest book entries, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where travelers have searched for specific dates or types of properties. We also may from time to time create new descriptions or otherwise change the location or geographic descriptions we use to identify properties in their listings and search results.  Consequently, we may change the location or geographic description associated with any property listing at any time without notice.  However, we assume no responsibility to verify property listing content or the accuracy of the location. Members are solely responsible for ensuring the accuracy of location, geographic and other content and location or geographic descriptions and agree to promptly correct (or contact us to correct) any inaccuracy and travelers are solely responsible for verifying the accuracy of such content and descriptions. It is strictly the Traveler’s responsibility to verify any and all information with regards to any vacation rental or hotel listing, business review and information, attraction reviews and information, as well as any and all area information that may be obtained on this website. Any inaccuracies in a rental or accommodation listing are the sole responsibility of the traveler or the provider. In the event of an inaccuracy related to an accommodation listing that was purchased by the traveler, SmokyMountains.com disclaims any and all responsibility or liability as the venue; discrepancies between advertised accommodations on this Site and its actual state is to be handled strictly between the Traveler and the Provider of the accommodations. Finally, while under no obligation, we reserve the right to decline the posting on the Site or to remove from the Site any content (user-contributed, provider-contributed, or otherwise) that SmokyMountains.com, in its sole-discretion, deems inappropriate, inaccurate, harmful, misleading, or otherwise negative for the overall user experience on the Site. We reserve the right to make non-substantive changes to any user-contributed or provider-contributed content if we, at our sole-discretion, feel it improves the accuracy or better serves the traveler or potential traveler.

10. Limitation of Liability

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING VACATION HOME RENTAL AVAILABILITY AND PRICING ERRORS. SMOKYMOUNTAINS.COM, ITS SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE “SMOKYMOUNTAINS.COM COMPANIES”) AND THE AFFILIATED, CO-BRANDED AND/OR LINKED WEBSITE PARTNERS THROUGH WHOM WE PROVIDE SERVICE (COLLECTIVELY, “SMOKYMOUNTAINS.COM AFFILIATES”) DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE VACATION HOME RENTAL PROPERTIES, LODGING, AIR, CRUISE, CAR AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, LIST OF VACATION RENTAL PROPERTY AMENITIES, GENERAL PRODUCT DESCRIPTIONS, AND REVIEWS AND RATINGS ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY USERS INCLUDING AND THEIR  RESPECTIVE SUPPLIERS. IN ADDITION, SMOKYMOUNTAINS.COM EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT YOUR OPTION, WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. THE SMOKYMOUNTAINS.COM COMPANIES, THE SMOKYMOUNTAINS.COM AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE SMOKYMOUNTAINS.COM COMPANIES OR THE SMOKYMOUNTAINS.COM AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE SMOKYMOUNTAINS.COM COMPANIES, THE SMOKYMOUNTAINS.COM AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE SMOKYMOUNTAINS.COM COMPANIES, THE SMOKYMOUNTAINS.COM AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SMOKYMOUNTAINS.COM COMPANIES, THE SMOKYMOUNTAINS.COM AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE PROPERTY MANAGERS, OWNERS, SERVICES AND OTHER SUPPLIERS PROVIDING VACATION RENTAL PROPERTY INFORMATION, TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE SMOKYMOUNTAINS.COM COMPANIES, OR THE SMOKYMOUNTAINS.COM AFFILIATES. THE SMOKYMOUNTAINS.COM COMPANIES AND THE SMOKYMOUNTAINS.COM AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE SMOKYMOUNTAINS.COM COMPANIES AND THE SMOKYMOUNTAINS.COM AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL THE SMOKYMOUNTAINS.COM COMPANIES, THE SMOKYMOUNTAINS.COM AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE SMOKYMOUNTAINS.COM COMPANIES, THE SMOKYMOUNTAINS.COM AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SMOKYMOUNTAINS.COM COMPANIES, THE SMOKYMOUNTAINS.COM AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS AND 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 YOUR USE OF THE SERVICE. If, despite the limitation above, the SmokyMountains.com Companies, the SmokyMountains.com Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the SmokyMountains.com Companies, the SmokyMountains.com Affiliates or their respective suppliers liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on this Website, or (b) One-Hundred Dollars (US$100.00). The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the SmokyMountains.com Companies, the SmokyMountains.com Affiliates, and/or their respective suppliers.

11. Disclaimers

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, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. 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 ON 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 AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER-CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER-CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF THE SITE.  WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THAT MAY BE OFFERED ON THE SITE) THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE. YOU FURTHER ACKNOWLEDGE THAT BY DISPLAYING INFORMATION OR PROPERTY LISTINGS IN PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS WITHOUT RISK AND ARE NOT LIABLE FOR DAMAGES WITH RESPECT TO TRAVEL TO ANY DESTINATION.

12. Indemnify / Hold-harmless

You agree to defend and indemnify SmokyMountains.com, the SmokyMountains.com Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by any person or third parties as a result of: (a) your breach of this Agreement or the documents referenced herein; (b) your violation of any law or the rights of a third party; or (c) your use of this Website.

13. Links to third-party websites

This Website contains hyperlinks to websites operated by parties other than SmokyMountains.com. Such hyperlinks are provided for your reference and convenience only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

14. Service Fee Payable by Cardholder

In consideration for the use of the Website Platform, SmokyMountains.com charges a service fee payable by travelers who book a property on this Website via the Website checkout. The service fee covers the use of the Site, including such features as user support, and is calculated as a variable percentage of the total reservation amount (which may or may not include additional fees, taxes and damage deposits). The exact service fee charged will be displayed to travelers at the time of booking and will also be included in the official confirmation email from the Website. Booking a property on the Website constitutes acceptance of the service fee, which is non-refundable. Even if you are forced to cancel your reservation due illness, inability to travel, work reasons, jury duty, natural disasters, or an Act of God, this fee is non-refundable and no exceptions are made. While some reservations may offer a penalty-free cancellation period, the Service Fee is never refundable. The penalty-free portion will apply to all other portions of the reservation. Once the reservation is made, the Service Fee is never refundable. You are responsible for paying any Service Fees that you owe to SmokyMountains.com. The applicable Service Fees (including any applicable Taxes) are collected by the Website at time of checkout. The Service Fee is the cost of using the Website Platform to procure a reservation. Once the reservation has been procured and a confirmation number has been provided, the guest agrees the material service has been rendered. The Service Fee is a charge for using the technology platform and is 100% non-refundable. The Service Fee will not be refunded if the reservation is subsequently cancelled for any reason or the guest is dissatisfied with the property rented. If the cardholder chooses to utilize SmokyMountains.com to create a reservation, the cardholder agrees that the Service Fee is being charged for a reservation procurement and digital introduction to the local host. If a dispute arises over whether or not the product is acceptable to the cardholder, the cardholder agrees that SmokyMountains.com has provided an acceptable product provided the company can produce a digital confirmation number and a reservation confirmation email. Since the Service Fee is being charged for reservation procurement and a digital introduction, these digital assets will be considered by all parties as evidence that an acceptable product was provided and the Service Fee is owed in full.

15. General

This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of Tennessee, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Williamson County, Tennessee, USA, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, or employment relationship exists between you and SmokyMountains.com as a result of this Agreement or use of this Website. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and Agreement shall continue in effect.