Terms and Conditions
420 Travel Spots, LLC
Terms and Conditions
Terms and Conditions
IntroductionThis Website is the property of 420 Travel Spots, LLC (“420TS”). These Terms and Conditions govern your use of 420TravelSpots.com (“Website”); by using this Website, you accept these Terms and Conditions in full and agree to be legally bound by them. 420TS may modify the site and these Terms and Conditions in its sole discretion. By continuing to use the Website, you agree to be bound by the Website as it may be modified from time to time.
If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use this Website.
You must be at least 21 years of age to use this Website. By using this Website and by agreeing to these Terms and Conditions you warrant and represent that you are at least 21 years of age.
420TravelSpots.com may use images from accommodations listed to promote each individual location.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. INCLUDED IN THESE TERMS AND CONDITIONS IS A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS
HOSTS AND GUESTS (AS THESE TERMS ARE DEFINED BELOW) SHOULD BE AWARE THAT THE SALE, USE, AND TRANSPORTATION OF CANNABIS IS ILLEGAL UNDER FEDERAL LAW. THE FEDERAL GOVERNMENT DOES NOT RECOGNIZE CANNABIS AS HAVING ANY MEDICINAL VALUE. STATE AND LOCAL LAWS VARY WITH REGARDS TO RECREATIONAL AND MEDICINAL USE OF CANNABIS, AS WELL AS TRANSPORT OF CANNABIS WITHIN THE STATE OR LOCALITY.
IT IS THE SOLE RESPONSIBILITY OF BOTH GUESTS AND HOSTS TO ENSURE THAT ALL OF THEIR ACTIVITIES ARE CONSISTENT WITH RELEVANT LAWS. 420 TRAVEL SPOTS MAKES NO REPRESENTATION WITH REGARDS TO THE LEGALITY OF THE ACTIVITIES THAT OCCUR ON THE ACCOMMODATIONS THAT ADVERTISE ON THIS WEBSITE, AND DISCLAIMS ANY LIABILITY STEMMING FROM THE
TRANSPORTATION, PROVISION, SALE, AND USE OF CANNABIS BY GUESTS AND HOSTS THAT USE THIS WEBSITE.
HOSTS SHOULD BE AWARE OF THE LAWS IN THEIR RESPECTIVE LOCATIONS. SOME JURISDICTIONS HAVE LAWS THAT RESTRICT THEIR ABILITY TO HOST PAYING GUESTS. IN MANY CITIES, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING GUESTS. CERTAIN TYPES OF BOOKINGS MAY BE PROHIBITED ENTIRELY. PENALTIES MAY INCLUDE FINES OR OTHER CONSEQUENCES, FOR WHICH 420TS DISCLAIMS ALL LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW. HOSTS SHOULD REVIEW ALL RELEVANT LAWS BEFORE LISTING A SPACE ON THIS WEBSITE.
THE WEBSITE AND ANY RELATED SERVICES ARE A PLATFORM THROUGH WHICH HOSTS MAY CREATE LISTINGS FOR ACCOMODATIONS AND GUESTS MAY LEARN ABOUT AND BOOK ACCOMODATIONS WITH HOSTS. YOU UNDERSTAND THAT 420TS IS NOT A PARTY TO ANY AGREEMENT BETWEEN HOSTS AND GUESTS, AND 420TS IS NOT A REAL ESTATE BROKER, REAL ESTATE AGENT, OR INSURER. 420TS HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS, OR OTHER USERS OF ACCOMODATIONS OR THIS WEBSITE, AND HEREBY DISCLAIMS ALL LIABILITY TO THE MAXIMUM EXTENT ALLOWABLE BY LAW.
IF YOU CHOOSE TO USE THE WEBSITE AS A HOST (AS DEFINED BELOW), YOUR RELATIONSHIP WITH 420TS IS LIMITED TO BEING AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF 420TS FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF, OR FOR THE BENEFIT, OF 420TS.
License to use website
Unless otherwise stated, 420TS and/or its licensors own the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or other content from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions.
YOU MUST NOT:
* republish material from this website (including republication on another website);
* sell, rent or sub-license material from the Website;
* show any material from the Website in public;
* reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
* edit or otherwise modify any material on the website;
* infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights
* offer, as a Host, any Accommodation that you do not yourself own or have permission to rent as a residential or other property; or
* redistribute material from this website except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
You must not use this Website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You agree to provide accurate, current, and complete information during the account registration process.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without 420TS's express written consent. You must not use this Website to transmit or send unsolicited commercial communications. You must not use this Website for any purposes related to marketing without 420TS's express written consent.
Access to certain areas of this Website is restricted. 420TS reserves the right to restrict access to other areas of this website, or indeed this entire website, at 420TS's discretion.
In these Terms and Conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to 420TS a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to 420TS the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you, 420TS, or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. 420TS reserves the right to edit or remove any material submitted to this website, or stored on 420TS's servers, or hosted or published upon this website. Notwithstanding 420TS's rights under these Terms and Conditions in relation to user content, 420TS does not undertake to monitor the submission of such content to, or the publication of such content on, this Website.
420TS is an online marketplace that allows hosts of venues of various kinds (“Hosts”) to make arrangements for accommodations with guests at those venues (“Guests”) (Guests and Hosts are collectively referred to as “Members”). 420TS does not operate any properties whatsoever, including, but not limited to, bed and breakfasts, hotels, motels, lodges, or other accommodations, nor is it a provider of such accommodations (collectively, “Accommodations”). 420TS has no control over Accommodations rented by Guests. Unless explicitly specified otherwise, 420TS’s responsibilities are limited to operating this Website and serving as the payment collection agent for each Host. 420TS has no control over the content contained in any Listing or the condition, legality, or suitability of any accommodation or any conduct occurring thereon. 420TS is not responsible and disclaims any and all liability related to any and all Listings and Accommodations as well as the conduct of the Hosts and Guests.
420TS does not endorse any Host, Guest, Accommodation or Listing. You understand that images of Accommodations are only intended to provide a photographic representation of the Accommodation and are therefore not a statement by 420TS about the quality of the Accommodation and are not an endorsement of the Accommodation by 420TS. Any description of an Accommodation is not an endorsement or certification by 420TS of any Host or Accommodation, and any description is intended only as information for you to evaluate the suitability of particular Accommodations. 420TS strongly encourages you to conduct due diligence with regards to specific Accommodations.
Any ratings and reviews by Guests and Hosts must be fair, truthful and should not contain any offensive or defamatory matter. Ratings and reviews are neither reviewed nor verified by 420TS for accuracy and may be incorrect and misleading. 420TS is not responsible and disclaims any and all liability related to any and all ratings and reviews. Members are prohibited from manipulating the ratings and reviews system in any manner, such as instructing a third party write a positive or negative review about another Member.
This Website is provided “as is” without any representations or warranties, express or implied. 420TS makes no representations or warranties in relation to this Website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, 420TS does not warrant that:
* this Website will be constantly available, or available at all; or
* the information on this Website is complete, true, accurate or non-misleading. Nothing on this Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
420TS will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:
* to the extent that the Website is provided free-of-charge, for any direct loss;
* for any indirect, special or consequential loss; or
* for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if 420TS has been expressly advised of the potential loss.
By using this Website, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular members or third parties who caused you injury. You agree not to seek any legal remedy from 420TS with respect to any errors or omissions by Members or third parties.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit. If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer.
By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable. If you do not think they are reasonable, you must not use this Website.
You acknowledge that any Listing you post will be in compliance with all applicable laws and tax requirements. You acknowledge that any Listing you post will not violate any agreements you have entered into with any third parties, including but not limited to those with condominium or homeowners associations, leases, or other rental agreements. You acknowledge that any Listing you post will not conflict with the rights of third parties. 420TS reserves the right to remove any Listing for any reason.
All Guests acknowledge that Hosts, and not 420TS, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Website. Any Guest choosing to enter into a transaction with a Host for the booking of an Accommodation agrees and understands that it will be entering into an agreement with the Host and agrees to accept any terms, conditions, and restrictions associated with such Accommodation imposed by the Host. Each Guest acknowledges that it, and not 420TS, will be responsible for performing the obligations of any such agreements, that 420TS is not party to any agreement, and that 420TS disclaims all liability arising from or related to any such agreements.
Guests are responsible for leaving the Accommodation in the condition it was in when they arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation. You agree to comply with the relevant insurance policy in order to replace any damaged items at the Accommodation.
All Members acknowledge that appropriate governmental authorities where the Accommodation is located may require taxes to be collected by Hosts from Guests on the amount paid for the right use or occupy Accommodations. The laws in jurisdictions may vary, but these taxes are generally required to be remitted to the taxing authority by Hosts based on particular amounts collected, and may be charged to Guests. Hosts hereby agree that they are solely responsible for determining their applicable taxes and their tax reporting requirements.
420TS may charge fees to Hosts and/or Guests in consideration for the use of the Website. Any applicable service fees (including any applicable taxes) will be displayed to a Host or Guest prior to publishing or booking an Accommodation. 420TS reserves the right to change the service fees at any time. You are responsible for paying any applicable service fee you owe to 420TS. Except as otherwise provided, service fees are non-refundable.
You agree that you will not bring any claim personally against 420TS's officers, LLC members, employees, volunteers, or agents in respect of any damages or losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect 420TS's officers, LLC members, employees, volunteers, agents, subsidiaries, successors, assigns and sub-contractors as well as 420TS.
You hereby indemnify 420TS, its officers, LLC members, employees, volunteers and agents (collectively, the “Indemnified Parties”) and undertake to keep the Indemnified Parties indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Indemnified Parties to a third party in settlement of a claim or dispute on the advice of 420TS's legal advisers) incurred or suffered by an Indemnified Party arising out of (a) any breach by you of any provision of these Terms and Conditions; (b) the improper use of the Website; (c) your interaction with any Member, stay at an Accommodation, participation in any Host event, including without limitation any injuries, losses or damages of any kind arising in connection with or as a result of such interaction, stay, participation or use; or (d) your breach of any laws, regulations, or third party rights. This indemnification agreement shall not be restricted or limited to any insurance proceeds that you may have.
Breaches of these Terms and Conditions
Without prejudice to 420TS's other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, 420TS may take such action as 420TS deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
420TS may transfer, sub-contract or otherwise deal with 420TS's rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions without the written consent of 420TS.
If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These Terms and Conditions constitute the entire agreement between you and 420TS in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Modification of these Terms
420TS reserves the right to modify these Terms and Conditions at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms and Conditions on the Website and update the “Last Updated” date at the top of these Terms and Conditions. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms and Conditions, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Website will constitute acceptance of the revised Terms.
Law and jurisdiction
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Colorado, and any disputes relating to these Terms and Conditions shall be brought exclusively in Humboldt County Superior Court in the City of Eureka and County of Humboldt, California.
Legal, copyright, and other questions or concerns should be directed to 420TS at [email protected]
No Waiver; Remedies Cumulative 420TS’s failure to enforce any right or provision in these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms and Conditions, the exercise by either party of any of its remedies under these Terms and Conditions will be without prejudice to its other remedies under these Terms and Conditions or otherwise permitted under law.