Terms of Service

These terms of use defines the terms and conditions applicable to your use of services offered by ClearStay.com and Escapia, Inc. available under the domain and sub-domains of www.clearstay.com and www.escapia.com (the "Site"). To help you understand some of the legal language used in this document, keep in mind that "Escapia,", "ClearStay", "ClearStay.com", "we," "us" and "our" all refer to ClearStay.com and its parent company, Escapia Inc. The terms "Renter" or "User" "you" and "your" are used to refer to the party who is entering into a contract with Escapia for the Site. The term "Property Manager" is used to refer to any entity that offers or provides a vacation rental property through the Site.

  1. ACCEPTANCE OF TERMS

    Escapia provides the Site to you, subject to the following Terms of Use ("TOU"). Escapia currently provides professional rental property companies with the opportunity to make rental properties available to rent to you through the Site. Unless explicitly stated otherwise, any new features that augment or enhance the current Site, including the offering of any services on the Site, shall be subject to the TOU. Please note that other websites and services offered by our partners are not under our control and will not be governed by the same TOU. Please consult our partners' posted terms of use for their practices. BY USING OUR SITE YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THE TOU. IF YOU DO NOT AGREE TO THIS TOU, PLEASE DO NOT USE THE SITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THE TERMS OF OUR TOU FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies, the license of software, and the use of the Site. By using the Site, you agree to such terms and conditions as well.

  2. OWNERSHIP OF SITE

    This Site, and any associated software, files, data, content, documentation, media, or any other materials made available by Escapia (collectively "Content") are the sole property of Escapia and it's licensors, partners and Property Managers. All elements of the Site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Site may only be used for the intended purpose for which the Site is being made available. You may not modify any of the Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Site. For purposes of this TOU, the use of any of the Content on any other web site or networked computer environment is prohibited. Content contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

    You agree not to modify any software offered through the Site in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Site or the services thereon. You agree not to access the Site or services thereon by any means other than through the interface that is provided by Escapia for use in accessing the Services.

  3. MODIFICATIONS TO SITE

    Escapia reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Escapia shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

  4. ACCURACY OF REGISTRATION DATA

    In consideration of your use of the Site, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Site' registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Escapia has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Escapia has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

  5. CONTENT SUBMITTED TO SITE

    All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Escapia are entirely responsible for all Content that you upload, post or otherwise transmit via the Site. Escapia does not control the Content posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable.

    Escapia does not claim ownership of the Content you submit through the Site. By submitting Content to Escapia for inclusion on the Site, you grant Escapia and any partner of Escapia the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promoting your company or rental property listings on EscapiaNET, the Site and other Escapia websites and services and to distribute or make available the Content to any Escapia partner.

    Escapia does not pre-screen Content, but Escapia and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Site. Without limiting the foregoing, Escapia and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

  6. ESCAPIA INFORMATION DISCLOSURE AND PRIVACY POLICY

    Escapia shall own all data collected from Renter's use of the Site. Escapia may disclose to third parties certain aggregate information contained in your Registration Data or your use of the Site. Escapia will not disclose personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the TOU, in exigent circumstances to protect against injury to you, us, or a third party or your, our, or their property, or under any of the other circumstances set forth in our privacy policy, as may be amended from time to time. For more information, please see our full privacy policy at http://www.escapia.com/privacy_policy.html.

  7. USER CONDUCT

    You will not use the Site to:

    1. Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    2. Impersonate any person or entity, using their email or any other method, including, but not limited to, a Escapia official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
    4. Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    5. Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    6. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Services that are designated for such purpose;
    7. Upload, post or otherwise transmit any content that requires membership or payment to access any or all of the content posted. This includes, but is not limited to, use of Services by fee-based services, rental locator services, or any other company that requires additional fees or obligations to access content or information;
    8. Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    9. Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
    10. Violate any applicable local, state, national or international law, regulation or ordinance;
    11. "Stalk" or otherwise harass another;
    12. Promote or provide instructional information about illegal or harmful activities;
    13. Promote an individual Vacation Rental Agency, Consortium, or Service. User agrees to only upload, post, or otherwise transit information in regards to individual properties that they manage.
  8. NO REPRESENTATIONS, ENDORSEMENT OR ADVICE

    Escapia does not own nor can it contract for any vacation rental property listed on the Site. Instead, the Site acts as a venue to allow professional vacation rental management companies the ability to offer for rent, or rent, in a variety of pricing formats, a specific vacation rental property. We have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not make any representations as to the quality, location, availability, suitability, or pricing of any specific property. As part of the Site, Escapia may make available a variety of content through the Site prepared by itself or third parties. This content is for informational purposes only and is not intended as tax, legal or investment advice.

    We use various ways to verify the accuracy of the information our users provide us when they register on the Site. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Site. For example, properties included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. In addition, the Property Manager may make changes in information about price and availability without notice. However, we cannot and do not confirm each user's purported identity. We encourage you to communicate directly with a Property Manager through the tools available on the Site.

    We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site or Services. There are also potential risks of dealing with underage persons or people acting under false pretense.

  9. ACCESS & INTERFERENCE

    Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Escapia by users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any and all measures we may use to prevent or restrict access to the Site.

  10. INDEMNITY

    You will indemnify, protect, defend and hold Escapia, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Site, your violation of the TOU, or your violation of any rights of another.

  11. TERMINATION

    You agree that Escapia, in its sole discretion, may terminate your password, your access to the Site or use of any other Escapia services, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if Escapia believes that you have violated or acted inconsistently with the letter or spirit of the TOU. Escapia may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. Any termination of your access to the Site under any provision of this TOU may be effected without prior notice. Further, Escapia shall not be liable to you or any third-party for any termination of your access to the Services.

  12. LINKS

    The Site may provide, or third parties may provide, links to other websites or resources. Escapia is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Escapia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such website or resource.

  13. USER FEEDBACK AND SUBMISSIONS POLICY

    Although we welcome your comments and feedback to the Site and our services, except as expressly agreed by Escapia, any such submissions, comments or feedback will not be considered confidential. Escapia cannot guarantee that it will respond to your comments, submissions or feedback. Notwithstanding the foregoing, if you do send us a submission, comment, or feedback, you agree not to assert any ownership right of any kind in the submission, comment, or feedback (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you hereby grant Escapia a nonexclusive, perpetual worldwide license to the submission in every media and for every purpose now known or hereinafter discovered and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. You release Escapia (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your unsolicited submissions, including without limitation all claims for theft of ideas or copyright infringement.

  14. DISCLAIMER OF WARRANTIES

    Your use of the Site and any Content is at your sole risk. Escapia does not pre-screen Property Managers and shall not be responsible for any Property Manager behavior or failures during the rental period. The Site are provided on an "as is" and an "as available" basis. Escapia expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, course of dealing, usage of trade and non-infringement, that the Site will meet your requirements or will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the Site will be accurate or reliable, that the quality of the products, services, information, or other material purchased or obtained by you through the Site will meet your expectations, that any errors in the software will be corrected, or that any third party will perform as promised. No advice or information, whether oral or written, obtained by you from Escapia or through or from the Site shall create any warranty not expressly stated in the TOU.

  15. LIMITATION OF LIABILITY

    Escapia shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages or loss of profits, goodwill, use, data, or other intangible losses (even if Escapia has been advised of the possibility of such damages) resulting from: (i) the use or the inability to use the Site; (ii) the cost of procurement of substitute goods and services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Site; or (v) any other matter relating to the Site.

    Further, Escapia shall not be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines; telephone or other interconnectivity problems; bugs, errors, configuration problems, or incompatibility of computer hardware or software; failure or unavailability of Internet access, problems with Internet service providers with intermediate computer or communications networks or facilities; problems with data transmission facilities of your telephone or telephone service; or unauthorized access, theft, operator errors, severe weather, earthquakes, acts of God, acts of war or labor disputes. Escapia is not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Site.

  16. GENERAL RELEASE

    Because Escapia is not involved in transactions between Property Managers and Renters or any third parties, if a dispute arises between one or more users of the Site, each of you release Escapia (and its agents and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

  17. NOTICE

    Notices to you may be made by e-mail or regular mail. Escapia may also provide notices of changes to the TOU, Site or other matters by displaying notices or links to notices to you generally on the Site.

  18. GENERAL INFORMATION

    The TOU constitutes the entire agreement between you and Escapia and governs your use of the Site, superseding any prior agreements between you and Escapia. You also may be subject to additional terms and conditions that may apply when you use other Escapia services, third-party content or third-party software. The TOU and the relationship between you and Escapia shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. The failure of Escapia to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect. You and Escapia are independent entities, and no partnership, agency, joint venture, employee-employer or franchise relationship is intended or created by this Agreement.

  19. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE

    In operating the Site, we may act as a "services provider" (as defined by DMCA) and offer services as online provider of materials and links to third party Sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Site. Escapia has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. Escapia has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Escapia or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the Site infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Copyright Agent.

    Please provide the following notice:

    1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
    2. Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site
    3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
    5. Your address, telephone number, and email address; and
    6. Your physical or electronic signature.

    We may give notice to our users of any infringement notice by means of a general notice on any of our Sites, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

    1. Your physical or electronic signature;
    2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
    3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
    4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

  20. ADDITIONAL ASSISTANCE.

    If you do not understand any of the foregoing Terms of Use or if you have any questions or comments, we invite you to contact our Customer Service Department by email at support@escapia.com or by phone at (206) 832-0500.

  21. COPYRIGHT NOTICE.

    All Site design, graphics, text selections, arrangements, and all software are Copyright © 2007, Escapia, Inc. ALL RIGHTS RESERVED.