IMPORTANT: PLEASE READ CAREFULLY
These Terms and Conditions (the “Agreement") are a legal agreement between You, individually or on behalf of the entity You represent (“You”, “Your”, or “Guest”) and Stay Alfred, Inc. (“Stay Alfred”, “We”, or “Us”). Stay Alfred requires that all individuals and entities visiting any Stay Alfred websites, including www.stayalfred.com and its subdomains, as well as all other web properties owned by Stay Alfred, including any mobile versions (collectively, the “Website”) agree to the following terms. Stay Alfred also provides a downloadable mobile software application for accessing Stay Alfred’s services (the “App”). The software, functionality, and services that We provide through the Website and App are referred to as the “Services.” By accessing the Services, You acknowledge that (i) You have read, understood and accepted the following terms and conditions; and (ii) You have had the opportunity to review the applicable terms of service governing any online marketplace or other third-party service from which you downloaded the App.
The Services are provided by Stay Alfred for the purpose of facilitating Your use of the Stay Alfred services. Through the Services, You may utilize incorporated software to view information, book a vacation rental, and communicate with Stay Alfred. The Services may also provide information and links related to other Stay Alfred products and services, and third party products and services.
By accessing, creating a user account, or otherwise using the Services, You represent to Us that You are at least 18 years old and You agree to be bound by the terms of this Agreement.
This Agreement governs Your use of the Website and App only – Stay Alfred’s Rental Agreement continues to govern Your rental and use of Stay Alfred properties.
IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, STAY ALFRED IS UNWILLING TO LICENSE THE SERVICES TO YOU, NO LICENSE IS GRANTED, AND YOU ARE NOT AUTHORIZED TO INSTALL OR USE THE APP OR OTHERWISE ACCESS THE SERVICES.
1. Use Terms and Conditions
Subject to all terms and conditions of this Agreement, Stay Alfred hereby grants You a nonexclusive, personal, non-transferable, non-assignable, limited right and license to use and access the Services and to download the App in accordance with this Agreement and any and all agreements and documents executed by You or delivered by Stay Alfred (the “License”). We may discontinue some or all functionality of the Services at any time and for any reason, and we may also modify the Services to make them unavailable or inoperable. We may also terminate Your right to use or access the Services at any time and for any reason, including any breach or violation of this Agreement or the Stay Alfred Rental Agreement, and Stay Alfred reserves any and all remedies and rights at law or in equity in connection with any such breach or violation.
1.1. App Terms. If you downloaded the App from an online marketplace for downloadable software applications (an “App Marketplace”), provided by a third-party, its subsidiaries, or its affiliates (a “Provider”), the following terms apply:
(b) Subject to Section 7 of this Agreement, Stay Alfred is solely responsible for maintenance and support services provided, if any, with respect to the App. The Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
(c) Solely to the extent warranties are not effectively disclaimed, in the event You download the App from the Apple App Store, You may notify Apple of any failure of the App to conform to any applicable warranty, and Apple will refund the purchase price of the App to You, which will constitute Apple’s only obligation with respect to any nonconformity of the App, and subject to the terms of this Agreement, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty herein are the responsibility of Stay Alfred.
(d) Subject to the terms and conditions of this Agreement, Stay Alfred is responsible for addressing any of Your claims or those of any third-party relating to the App or Your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
(e) Subject to the terms and conditions of this Agreement, in the event of a third-party claim that the App infringes such third-party’s intellectual property rights, Stay Alfred, and not the Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(f) The applicable Provider is a third-party beneficiary of Section 1 of this Agreement, and upon Your acceptance, such Provider will have the right to enforce such section against You as a third-party beneficiary thereof.
(g) Please direct all questions, complaints or claims with respect to the App to Stay Alfred by phone at 866.232.3864; via email at [email protected]; or by mail at the following address:
Stay Alfred, Inc.
2818 N. Sullivan Rd.
Spokane Valley, WA 99216
2. Updates and Supplements to this Agreement
The Services are offered and provided to You subject to this Agreement as well as any other terms, conditions, or rules that we may post on the Website or the App from time to time, which are incorporated into this Agreement by reference. Stay Alfred reserves the right to update this Agreement at any time without notice to You. If this Agreement is modified, we will post the updated Agreement on the Website, and any use of the Services after we post the revised Agreement constitutes agreement to the new terms. Your use or access to the Services may be subject to additional or different terms and conditions, as may be specified from time to time, including the following:
2.2. Rental Agreement. If a Guest books a reservation for a Stay Alfred short-term rental (“Reservation”), Stay Alfred is under no obligation to provide access to a Reservation until the Guest provides payment and agrees to the terms of a Short-Term Rental Agreement in a form provided by Stay Alfred (“Rental Agreement”).
3. Reservations & Payment
3.1. Purchase. By providing payment information, Guest agrees to purchase a Reservation from Stay Alfred (“Booking”). The terms relating to payment by Guest are set forth within Sections 3 and 6 of the Rental Agreement, and are incorporated herein by reference.
3.2. Cancellation. The terms relating to cancellation of a Reservation are set forth within Section 4 of the Rental Agreement, and are incorporated herein by reference. In addition to the grounds for cancellation within the Rental Agreement, a Reservation shall be deemed cancelled if Guest does not accept the terms of the Rental Agreement within four (4) days of Booking.
3.3. Changes. The terms relating to Reservation changes are set forth within Section 5 of the Rental Agreement, and are incorporated herein by reference.
4. Proprietary Rights
The Services are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. All rights in the Services and the content displayed via the Services are reserved to Stay Alfred and/or its licensors.
No right to use any trademark or trade name of Stay Alfred is granted to You hereunder other than the right to display the Stay Alfred marks that are placed on the Services and the Stay Alfred messages when they are rendered in the Services, in which case such marks may not be altered or removed by You without written approval by Stay Alfred.
5. Third Party Content
Third-Party Content may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws. You may not use such proprietary content, information or materials in any way whatsoever, except for use of the Services for their intended purposes.
6. User Content; Restrictions on Use
Stay Alfred has no obligation to, and does not, pre-screen any User Content. However, Stay Alfred may, in its sole discretion, remove or edit any User Content at any time and without notice to You as it deems necessary to (1) comply with any necessary laws, regulations, or governmental requests; and/or (2) to, in its sole discretion, operate the Services in a manner it deems proper or to protect against conduct it deems inappropriate.
6.2. Prohibited User Content. You expressly agree not to upload, post, modify, distribute, email, transmit, or otherwise make available any User Content that comprises any of the following (“Prohibited User Content”):
(a) is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise injurious to third parties;
(b) is protected by any patent, trademark, trade secret, copyright or other intellectual or proprietary right, unless You own such rights or have received all necessary consent;
(c) constitutes a false, inaccurate, or misleading statement or omission;
(d) impersonates any person or entity or otherwise misrepresents Your affiliation with a person or entity, or interfere with someone else’s use of the Services;
(e) constitutes a charity request, petition for signatures, chain letter, letter or information relating to one or more pyramid schemes, advertising or solicitation for funds, political campaigning, mass mailing, any form of unsolicited commercial email or "spam," or an offering or dissemination of fraudulent goods, services, schemes or promotions;
(f) is sent via unsolicited email, if such email could reasonably be expected to provoke complaints from its recipients;
(g) is harmful, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information; and/or
(h) violates any applicable local, state, national or international law.
You agree to indemnify Stay Alfred for any claims or damages arising out of Your use, creation or posting of Prohibited User Content.
The submission of information or materials to Stay Alfred shall in no way prevent the purchase, manufacture, or use of similar products, services, plans, and ideas by Stay Alfred for any purpose whatsoever. In addition, You grant Stay Alfred the right, in any form now or hereafter known, to reproduce, use, disclose, distribute, transmit, create derivative works from, and publicly display and perform, any User Content You submit through the Services.
6.3. Restrictions on Use. Unless as otherwise specifically stated in this Agreement, or as agreed upon in writing between You and Stay Alfred, You may not, and You agree not to:
(a) collect or use, in any manner and for any reason not specifically associated with Your permitted use of the Services under the terms of this Agreement, any information or descriptions on or related to the Services;
(b) separate any individual component of the Services for use;
(c) “frame” or use inclusion techniques to enclose any Stay Alfred trademark, logo, Service, or other content on the Website within another website or within any other digital content;
(d) use any data mining, scrapers, robots, or similar data gathering or extraction methods to obtain content or information from the Services;
(e) distribute, modify, license, resell, or make any commercial use of the Services or any content on the Services apart from using the Services for their intended uses;
(f) use the Services in any manner that violates a third party’s intellectual property rights, including the rights of copyright owners in any content that You use or modify in connection with the Services;
(g) attempt to gain unauthorized access to the Services or any third-party accounts by any means, including hacking or password mining;
(h) use the Services in any way or for any purpose that is unlawful or prohibited by this Agreement; or
(i) use the Services in any way that could damage or overburden the Services and interfere with any Stay Alfred server or networking equipment, Stay Alfred provision of the Services, or any user’s use or enjoyment of the Services.
You agree to abide by all laws and regulations in effect regarding Your use of the Services, including without limitation, its unauthorized use in connection with any copyrighted content. You may not authorize or assist any third party to do any of the things prohibited in this section.
Stay Alfred may from time to time, in its sole discretion, make updates, modifications, supplements or new versions of the Services, or portions thereof, available to You under this Agreement. Stay Alfred may also provide support to You to support Your use of the Services. However, Stay Alfred has no obligation to do so or to provide any bug fixes, modifications, updates or technical support.
8. Collection and Use of Data
9. Login Credentials
You may not share Your user account information with others or allow third parties to use Your Stay Alfred login credentials at any time or for any reason unless otherwise allowed in writing by Stay Alfred. You warrant, and Stay Alfred may assume and rely on the assumption, that any and all activity and use of the Services under Your user account is done by You. You are solely responsible for maintaining the security of Your username, password, and all other user account information, and You agree that Stay Alfred will not be liable for any loss or damages resulting from the use of Your account by others.
10. Internet Access
Use of the Services requires an internet connection and may result in charges from Your cellular service provider if viewed on a mobile device. Stay Alfred is not responsible for any such charges. Stay Alfred is also not liable for any disruption, failure, or malfunction of the Internet or other service providers or for any other situation or event that is out of Stay Alfred’s direct control. STAY ALFRED IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF YOUR CELLULAR COMMUNICATION OR INTERNET SERVICE PROVIDERS, ANY APP MARKETPLACE PROVIDER, OR UNAVAILABILITY OR ERRORS ASSOCIATED WITH THEIR SYSTEMS OR SERVICES.
STAY ALFRED DOES NOT PROMISE THAT THE SERVICES OR ANY FUNCTIONALITY THEREOF WILL BE ERROR-FREE OR UNINTERRRUPTED OR THAT YOUR USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS. THE SERVICES ARE PROVIDED BY STAY ALFRED “AS-IS” AND “AS-AVAILABLE” WITHOUT ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND. STAY ALFRED CANNOT ENSURE THAT THE SERVICES OR ANY FILES OR OTHER DATA YOU DOWNLOAD IN RELATION TO THE SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOUR USE OF THE SERVICES, AND THE RESULTS AND PERFORMANCE ACHIEVED USING THE SERVICES, IS AT YOUR OWN RISK.
STAY ALFRED DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE WITH RESPECT TO THE SERVICES.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STAY ALFRED BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, ANY PROVISION OF OR FAILURE TO PROVIDE SUPPORT, OR OTHERWISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF STAY ALFRED, AND EVEN IF STAY ALFRED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, notwithstanding the other provisions of this Agreement, Stay Alfred is found to be liable to You for any damage or loss which arises out of or is in any way connected with Your use of the Services, Stay Alfred’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to the Services paid in the six months prior to the date of the initial claim made against Stay Alfred, or (2) US$200.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to You.
13. Indemnification and Release
You hereby release, and shall defend, indemnify, and hold harmless, Stay Alfred and its owners, officers, members, managers, directors, shareholders, subsidiaries, joint-ventures, partners, suppliers, employees, agents, licensors, and licensees from and against any and all claims, actions, suits, proceedings, demands, losses, liabilities, damages, judgments, settlements, penalties, costs, and expenses (including without limitation all reasonable attorneys’ fees), known and unknown, arising out of (i) Your use of the Services; or (ii) any violation or breach of this Agreement.
If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the 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 the debtor."
Without limiting its rights and remedies, if You fail to comply with the terms and conditions of this Agreement, Stay Alfred may, in its sole discretion, terminate this Agreement upon any such failure. Upon termination of this Agreement, You must promptly cease all use of the Services and discontinue exercising all rights granted by this Agreement. Sections 3, 4, and 8 through 19 of this Agreement will survive any termination of this Agreement.
15. Dispute Resolution; Choice of Law
This Agreement shall be construed and controlled by the laws of the State of Washington without reference to its choice of law provisions, and Guest consents to exclusive jurisdiction and venue in the federal courts sitting in Spokane, Washington, unless no federal jurisdiction exists, in which case Guest consents to exclusive jurisdiction and venue in the applicable Washington State Court located in Spokane, Washington. You waive all defenses of lack of personal jurisdiction and forum non conveniens.
16. Other Agreements; Order of Precedence
This Agreement constitutes an individual consent by You to be bound by the terms of this Agreement and is the entire agreement between You and Stay Alfred with regard to Your use of the Services, and any and all other written or oral agreements or understandings previously existing between You and Stay Alfred with respect to such use are hereby superseded and cancelled. To the extent there are any conflicts or inconsistencies between this Agreement and any other such agreement, policy or documentation, the Rental Agreement shall control, then this Agreement.
16.1. Online Travel Agency Agreements. Notwithstanding the foregoing, if you booked your Reservation using Airbnb, Booking.com, or a similar online travel agency platform (each an “OTA”), to the extent there are any conflicts or inconsistencies between the applicable OTA’s terms and conditions relating to your Reservation and the terms of the Rental Agreement, the OTA’s terms and conditions will supersede the Rental Agreement and the terms of this Agreement.
17. Void Where Prohibited
Although the Services are accessible worldwide, not all features, products, or services discussed, referenced, provided or offered through or on the Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Stay Alfred reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made available through the Services is void where prohibited. If You choose to access the Services from outside the United States, You do so on Your own initiative and You are solely responsible for complying with applicable local laws.
By providing Your cellular telephone number to Stay Alfred, You expressly consent to receive calls and text messages from Stay Alfred, which may include information about Your account or Your Booking with Stay Alfred or pre-recorded and/or pre-prepared advertising messages by or on behalf of Stay Alfred.
19. General Terms
If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement, so that this Agreement shall remain in full force and effect. Stay Alfred’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Stay Alfred of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between Stay Alfred and You or any other party be deemed to modify any provision of this Agreement. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.