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Website Terms Of Use

Please Read These Terms and Conditions Of Use Carefully Before Using Whistlerestays.com and Related Websites

Whistler eStays maintains this site for your personal entertainment, information, education and communication. Please feel free to browse the site; provided, however, that by accessing and browsing this site, you acknowledge and agree, without qualification or limitation, to be bound by these terms and conditions of use (the "Terms"). If you do not agree to the Terms, please do not use WhistlereStays.com. We reserve the right, at our discretion, to change, alter, modify, add or remove any of the Terms at any time. Please check the Terms periodically for changes. Your continued use of WhistlereStays.com following a modification to the terms will signify your acceptance of such modifications.

1. No material from WhistlereStays.com, or any other site owned, operated, licensed or controlled by Whistler eStays may be copied, reproduced, republished, posted, transmitted or distributed in any way for public or commercial purposes. Use of the materials for any other purpose is a violation of Whistler eStays's copyright and other proprietary rights.

2. You should assume that all information or materials you see or read on WhistlereStays.com are copyrighted unless otherwise noted and, therefore, may not be used except as provided for in these Terms or in the text of the site without the written permission of Whistler eStays. Whistler eStays neither represent nor warrant that your use of materials displayed on the site will not infringe upon the rights of third parties not owned by or affiliated with Whistler eStays .

3. Images of people, places and things displayed on WhistlereStays.com are either the property of, or used with permissions by, Whistler eStays. You are prohibited from using these images unless such use is specifically permitted by these Terms or the specific language of the site. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

4. While Whistler eStays uses reasonable efforts to include accurate and timely information on WhistlereStays.com, ResortQuest Whistler makes no representations or warranties as to the accuracy of such information. Whistler eStays assumes no liability or responsibility for any errors or omissions in the content of the site.

5. Whistler eStays is pleased to hear from its guests and customers and welcomes your comments regarding various Whistler eStays products and services, including WhistlereStays.com. We value your feedback and request that you be specific in your comments on our products and services to ensure that we will be better able to serve you in the future. Nevertheless, if you transmit any communications, materials, ideas, suggestions or submissions, including, but not limited to, creative suggestions, ideas, notes, drawings, concepts, business proposals or other information (collectively, the "Communications"), the Communications shall be deemed non-confidential and nonproprietary (even if you mark them "confidential" or "proprietary"). Any such Communications shall become the property of Whistler eStays and may be used for any purpose, including, but not limited to, reproduction, disclosure, publication, broadcast and posting. Furthermore, Whistler eStays is free to use any ideas, concepts, know-how or techniques contained in any Communications you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing commercial products using or based upon such information, without compensation to the provider of the Communications.

6. The trademarks, logos and service marks (collectively the "Trademarks") displayed on WhistlereStays.com are registered and unregistered Trademarks of Whistler eStays and others. Nothing contained on the site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the site without the written permission of Whistler eStays or such third party that may own the Trademarks displayed on the site. Your use of the Trademarks displayed on the site, or any other content on the site, except as provided in these Terms, is strictly prohibited. You also are advised that Whistler eStays will aggressively enforce their intellectual property rights to the fullest extent of the law.

7. THE MATERIALS ON OR FROM WhistlereStays.com ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Whistler eStays DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding exclusions of implied warranties. Whistler eStays neither represent nor warrant that the functions contained in the materials will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. By use of WhistlereStays.com, you assume the entire cost of all necessary servicing, repair or correction. Whistler eStays assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in ResortQuest.com or your downloading of any information, materials, data, text, images, video or audio from the site.

8. Under no circumstances, including, but not limited to, negligence, shall Whistler eStays be liable for any special or consequential damages that result from the use of, or the inability to use, the information or materials on or from this site. In no event shall ResortQuest's Whistler's total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for accessing WhistlereStays.com.

9. You hereby agree to indemnify, defend and hold Whistler eStays and its affiliated companies, and all officers, directors, owners, agents, affiliates, licensers and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach of these Terms by you. You shall use your best efforts to cooperate with Whistler eStays in the defense of any claim; provided, however, that Whistler eStays reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

10. Unless otherwise specified herein, the information and materials on WhistlereStays.com are presented solely for the purpose of promoting products or services of Whistler eStays, which are available in Canada, its territories, possessions, and protectorates. This site is maintained and operated by Whistler eStays from its offices in Whistler, British Columbia in Canada. Whistler eStays does not make any representation that the products or services promoted on WhistlereStays.com are available in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

11. Whistler eStays respects the privacy concerns of the users of WhistlereStays.com. As a general policy, no personal information is automatically collected from users of WhistlereStays.com. However, certain non-personal information may be recorded by the standard operation of this site, for the purposes of aggregate statistical analysis and site customization.

12. These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all Whistler eStays site(s) and all related documentation and all copies thereof. These terms may be terminated by Whistler eStays, at Whistler eStays's sole discretion, at any time and with no notice thereof. Upon notification of such termination, you must destroy all materials obtained from this site or any other Whistler eStays site(s) and all copies thereof.

13. These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in Provincial or Federal courts located in British Columbia, Canada. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

ERRORS & OMISSIONS

While Whistler eStays uses reasonable efforts to include accurate and timely information on WhistlereStays.com, Whistler eStays does not make any representations or warranties as to the accuracy of such information - including, but not limited to, published rates, dates for advertised specials, property descriptions and addresses. Whistler eStays assumes no liability or responsibility for any errors or omissions in the content of the site.

THE MATERIALS ON OR FROM WhistlereStays.com ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Whistler eStays DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding exclusions of implied warranties. Whistler eStays neither represent nor warrant that the functions contained in the materials will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. By use of WhistlereStays.com, you assume the entire cost of all necessary servicing, repair or correction. Whistler eStays assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in WhistlereStays.com or your downloading of any information, materials, data, text, images, video or audio from the site.

Under no circumstances, including, but not limited to, negligence, shall Whistler eStays be liable for any special or consequential damages that result from the use of, or the inability to use, the information or materials on or from this site. In no event shall Whistler eStays's total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for accessing WhistlereStays.com.

Liability of Whistler eStays

As ResortQuest is a property management company responsible for the rental of individually owned units, it may experience fluctuations in inventory and availability. ResortQuest Whistler will make every effort to provide the exact unit type requested, however, ResortQuest Whistler is unable to make absolute guarantees. In the unlikely event that the unit type requested is no longer available, ResortQuest Whistler will make every attempt to contact the guest prior to arrival date. Notification prior to arrival may not always be possible.

Whistler eStays reserves the right to cancel or change your accommodation at anytime, however Whistler eStays will make every attempt to substitute with an alternative accommodation option that Whistler eStays deems comparable. Under the rare occurrence that Whistler eStays must cancel your reservation; Whistler eStayss' liability will be limited to a refund of all monies paid.

Whistler eStays reserves the right to refuse any booking and decline any guest at anytime.

Whistler eStays strongly encourages guests to purchase travel insurance. Unfortunately at this time, there is not an option to purchase travel insurance through Whistler eStays directly, so Whistler eStays recommends purchasing your travel insurance separately from the purchase of your accommodation.

Whistler eStays will not assume responsibility for any claims, losses, damages, costs or expenses arising out of the following: sickness, family emergencies, theft or any other circumstance affecting you beyond our direct control; your failure to obtain the documentation required such as passports, visas and certificates (in which case you will also not be entitled to any refund); your failure to follow instructions including but not limited to check-in and check-out times or locations.

 
 
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