Summit Local Agent - Terms and Conditions

Overview

Summit Local Agent LLC (“SLA”) operates the website, https://SummitLocalAgent.com (“Site”). Throughout the Site and these Terms and Conditions (“Terms”), the words “we”, “us” and “our” refer to SLA. Throughout the Site and these Terms, the words “you” and “your” refer to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

SLA offers its Site, including all information, tools and services available from the Site to you, conditioned upon your acceptance of all conditions, policies and notices stated here. By visiting our Site and/or purchasing something from us, you engage in our Services (“Services”) and thereby agree to be bound by our Terms, including those additional conditions and policies referenced herein and/or available by hyperlink, such as our Privacy Policy. These Terms apply to all users of the Site and and subscribers to our Services, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our Site and also before engaging in our Services. By accessing or using any part of the Site or our Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools, which are added to the current store, shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Following the posting of any changes, your continued use of or access to the Site and our Services constitutes acceptance of those changes.

We use the Stripe Checkout service (“Stripe Checkout”) to collect payment from individuals like you. Stripe Checkout provides us with the online e-commerce platform that allows us to sell our Services to you. Accordingly, by making a purchase through the Site, you also agree to the Stripe Checkout User Terms of Service.

Section 1 – Definitions

“Unit” means a condominium, home, townhome, duplex or other unit in Summit County, Colorado that you own and offer for short term rentals.
“Occupant” means yourself, a short rental guest, or any other person that occupies your Unit for any period of time.
“Local Government” means any local governmental entity, which has laws, regulations, licensing, or other requisites in effect, which are applicable to your Unit based on: (1) the geographic location of your Unit and (2) the fact that you are providing short term rentals, as defined by a local governmental entity.
“Hotline Complaint” means a third-party complaint regarding your Unit that is submitted to a Local Government through an online form, call center, or other means sanctioned by a Local Government.
“Short Term Housing Provider” means any entity or service that you utilize for the general purpose of marketing your Unit as a short term rental and providing a temporary place to stay to Occupants. Examples of Short Term Housing Providers include but are not limited to Airbnb, VRBO, Homeaway, VacationRentals.com, Flipkey, RentalsCombined and Booking.com

Section 2 – Our Services

When you purchase a subscription through our Site, we provide our Services to you regarding your Unit. Our Services generally involve:

Making a designation to a Local Government that;

we will serve as a responsible agent, alternate responsible agent, or local agent for your Unit as those terms are defined by your Local Government;

for the purpose of potentially responding to and resolving a Hotline Complaint.

We do not provide traditional property management services, including but not limited to the following: communicating with guests on rental queries; conducting housekeeping or rental inspections; ensuring that a Unit complies with Local Government regulations, rules, laws, or ordinances; and/or completing/submitting short-term rental license applications, short-term rental license renewals or other documentation required for Local Government compliance. In that regard, we serve Unit owners, who wish to self-manage and fully control their own Unit for all short-term rental process purposes. We recognize that many Unit owners will do a good job of minimizing the possibility for a Hotline Complaint and will therefore seek the most cost-effective means of complying with Local Government rules. We have correspondingly tailored the base purchase amounts for a subscription to our Services. If we do not receive a Hotline Complaint regarding your Unit, you pay nothing more than the purchase price for a subscription to our Services. However, for each Hotline Complaint that we receive regarding your Unit, our fee schedule for you is as follows:

$35 flat fee; and
$100 per hour for the total time spent in our efforts to provide response and resolution; this hourly rate will be charged in six-minute increments that correspond to tenths of an hour.

Throughout these Terms, the phrase “Hotline Complaint Fee Schedule” will refer to the immediately preceding sentence. By subscribing to our Services, you agree to our Hotline Complaint Fee Schedule. If we receive a Hotline Complaint regarding your Unit, we will invoice you as per our Hotline Complaint Fee Schedule, and you agree to pay any such invoices within 30 days of receipt. Invoices not paid within the preceding 30-day term are subject to a 1.5% monthly finance charge.

Within your Unit’s listing with your Short Term Housing Provider, we strongly recommend referencing our Hotline Complaint Fee Schedule to notify potential Unit Occupants know they will be liable to you for any extra charges caused by Hotline Complaints received during their stay. If you fail to notify your Unit Occupants of the Hotline Complaint Fee Schedule and/or you are unable to recoup expenses related to our Hotline Complaint Fee Schedule from your Unit Occupants, you nonetheless agree to timely pay us for invoices accrued as a result of our Hotline Complaint Fee Schedule.

We reserve the right to respond to resolve a Hotline Complaint in the manner that we deem most appropriate, solely in our own subjective judgment under the attendant circumstances. Subject to the immediately preceding, we anticipate generally responding to complaints in the following manner:

If we receive a Hotline Complaint regarding your Unit, we will attempt to respond to and resolve it as quickly, efficiently and effectively as possible;
We'll reach out initially to the current occupant of the Unit via phone call text message and/or a device or phone located in the Unit ;
If we are unable to make initial contact with the current occupant of the Unit or the Hotline Complaint remains unresolved after initial contact, we may make a visit to your Unit;
We will briefly log the steps that we take to respond to and resolve a Hotline Complaint; and, within 48 hours of responding to a Hotline Complaint, we will make available a brief report to you in that regard.

In order to effectively respond to and resolve a Hotline Complaint, we need to obtain certain information from you regarding your Unit and its Occupants. Said information includes but is not limited to the following:

Unit physical address;
Unit owner's mailing address;
Unit owner's contact information, such as cell phone & email address;
Lockbox information or physical items, like keycards, that allow us to potentially gain access to your Unit;
Wifi access within your Unit
Real-time, instant access to the occupancy calendar and Occupant contact information, including any Short Term Housing Provider that you use to obtain Occupants for your Unit; and
Any other information that is helpful (or seems likely to be helpful) to effectively and efficiently respond to and resolve a Hotline Complaint regarding your Unit.

Throughout the Terms, the phrase “Unit Info” will refer to the immediately preceding sentence.

By subscribing to our Services, you agree to timely provide us with your Unit Info. While you are subscribed to our Services, you also agree to immediately furnish us with updates to your Unit Info whenever any changes are made.

If you cancel your subscription for our Services, you must notify the Local Government within 24 hours after cancellation to designate a new responsible agent, alternate responsible agent, or local agent on behalf of your Unit. For any period thereafter that you fail to properly make a new designation with the Local Government, you agree that you will remain a subscriber to our Services and that all of the preceding Terms still apply to you. In addition, until you make a new designation to the Local Government, you agree that you remain obligated to pay us our currently listed price for monthly Services for that month as well as any future months in which you continue to fail to make a new designation to the Local Government, and you continue to agree to timely pay invoices related to our Hotline Complaint Fee Schedule.

Our Services may be available exclusively online through the Site for purchase. These Services may have limited quantities.

We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services that we offer. All descriptions of products or product pricing are subject to change at anytime without prior notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any Services made on this Site is void where prohibited.

Our goal is to provide excellence to our subscribers in the provision of our Services. However, we do not warrant that the quality of any of our Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in our Services will be corrected.

Section 3 – Disclaimer of Warranties & Limitation of Liability

We do not guarantee, represent or warrant that your use of our Site or Services will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of our Site or Services will be accurate or reliable.

You agree that from time to time we may remove our Site or Services for indefinite periods of time or cancel our Site or Services at any time.

You expressly agree that your use of, or inability to use, our Site or Services is at your sole risk. Our Site or Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

At all times during the provision of SLA’s limited scope of Services, we and you agree that: (1) You will fully manage and solely control your Unit; (2) SLA will not act in any capacity or regard as a property manager for your Unit; (3) SLA will not have routine access to your Unit and therefore will not possess knowledge regarding the condition of your Unit; (4) You retain sole responsibility and liability for the condition of your Unit, including but not limited to any life, safety, or other issues present therein or thereon; (5) You retain sole responsibility and liability for the provision of products and services to Occupants of your Unit; (6) You retain sole responsibility and liability for a loss, liability, injury or damage of any type suffered or incurred to your Unit; (7) You retain sole responsibility and liability for a loss, liability, injury or damage of any type claimed by Occupants of your Unit; (7) You will maintain a policy of homeowner’s insurance for your unit that includes liability insurance for short term rentals, and such insurance shall not be cancelable without you providing thirty days’ prior written notice to SLA.

In no case shall SLA or our owners, directors, officers, employees, personnel, affiliates, agents, contractors, interns, suppliers, service providers, invitees, volunteers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, damages to your Unit, damages claimed by Occupants of your Unit or otherwise, arising from your use our Site or of any of our Services, or for any other claim related in any way to your use of our Site or Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our Site or Services or any content (or product) posted, transmitted, or otherwise made available via our Site or Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 4 - Hold Harmless & Indemnification

You shall fully defend, indemnify, and hold harmless SLA from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, of any kind whatsoever (including without limitation all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of, in any way whatsoever, any acts, omissions, negligence, or willful misconduct on the part of SLA or our owners, directors, officers, employees, personnel, affiliates, agents, contractors, interns, suppliers, service providers, invitees, volunteers or licensors. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and any reimbursements to SLA for all legal fees, expenses, and costs incurred by it.

Section 5 – Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. Because minors are unlikely to own a Unit that is applicable to our Services, the Site is not intended for individuals under the age of majority.

You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of our Services, violate any laws in your jurisdiction (including, but not limited to, copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of our Services to you.

Section 6 – General Conditions

We reserve the right to refuse our Services to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the Site through which Services are provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 7 – Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

Section 8 – Modifications to the Services and Prices

Prices for our Services are subject to change without prior notice.

We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

If you purchase a subscription to our Services using a discount off our listed Prices or at a sale price, it applies only to the term of our Services that you initially purchased. On the first occasion that your Subscription is renewed for a new term, it shall be at the Prices then currently listed on our Site.

Section 9 – Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Section 10 – Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the Site (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms.

Section 11 – Third-Party Materials

Certain content and Services available via our Services may include materials from third-parties, including but not limited to phone numbers and third-party links .

Third-party materials on this Site may direct you to third-parties who are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party materials. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party.

Section 12 – User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to: (a) maintain any comments in confidence; (b) pay compensation for any comments; or (c) respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 13 – Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Section 14 – Errors, Inaccuracies and Omissions

Occasionally, there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

Section 15 – Prohibited Uses

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

Section 16 - Waiver

No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.

Section 17 - Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 18 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 19 – Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this Site or in respect to our Services constitutes the entire agreement and understanding between you and us and govern your use of our Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 20 - Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Colorado.

If a dispute arises out of or relates to our Services or these Terms, or the alleged breach thereof, the parties agree to initially attempt to settle such a dispute through negotiation. Otherwise, any claim or dispute pertaining to our Services, our relationship with you or these Terms shall be governed in all respects by the laws of the State of Colorado as they apply to agreements entered into and to be performed entirely within Colorado between Colorado residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against SLA must be resolved by a court located in Summit County, Colorado, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Summit County, Colorado for the purpose of litigating all such claims or disputes.

Section 21 – Changes to Terms

You can review the most current version of the Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or our Services following the posting of any changes to these Terms constitutes acceptance of those changes.

Section 22 – Attorneys' Fees and Costs

If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Section 23 – Authority to Enter Agreement

By accepting these Terms as part of your subscription to our Services, You warrant that you have the actual legal power, right, and authority to accept these Terms and bind each respective party who owns the Unit or receives our Services.

Section 24 – Contact Information

Questions about the Terms should be sent to us at info@summitlocalagent.com.