Terms and conditions


 
 
Terms and Conditions
 
Agreement between User and www.SecondHomeSecondChance.com
Welcome to www.SecondHomeSecondChance.com. The
www.SecondHomeSecondChance.com website (the "Site") is comprised of various web pages
operated by Second Home Second Chance Real Estate and Property Management, LLC
("Second Home Second Chance"). www.SecondHomeSecondChance.com is offered to you
conditioned on your acceptance without modification of the terms, conditions, and notices
contained herein (the "Terms"). Your use of www.SecondHomeSecondChance.com constitutes
your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for
your reference.
www.SecondHomeSecondChance.com is an E-Commerce Site.
Marketing of Vacation Rental Properties

Privacy
Your use of www.SecondHomeSecondChance.com is subject to Second Home Second
Chance's Privacy Policy. Please review our Privacy Policy, which also governs the Site and
informs users of our data collection practices.

Electronic Communications
Visiting www.SecondHomeSecondChance.com or sending emails to Second Home Second
Chance constitutes electronic communications. You consent to receive electronic communications
and you agree that all agreements, notices, disclosures and other communications that we provide
to you electronically, via email and on the Site, satisfy any legal requirement that such
communications be in writing.

Children Under Thirteen
Second Home Second Chance does not knowingly collect, either online or offline, personal
information from persons under the age of thirteen. If you are under 18, you may use
www.SecondHomeSecondChance.com only with permission of a parent or guardian.

Cancellation/Refund Policy
Cancellation: All requests by the Tenant to cancel this lease must be made in writing to Owners or
Agents within 60 days of the check-in date, and are subject to the property re-renting or
acceptance by the Owner if the check in date is within 60 days. If the check in date is more than
60 days out, we will refund all except the processing fee and Admin fee. All deposit money will be
retained until the property is re-rented at full price. If the property is not re-rented for full price, the
entire rent and applicable fees (tax, admin, and processing fees) will be kept and the security
deposit (if collected) will be refunded. The cleaning fee and pet fee (if collected) will be also be
refunded if nobody stayed in the home. There are NO cancellations for weather, road conditions,
illnesses (including altitude sickness), family emergencies or cancelled flights. Renters are
responsible for their transportation to and from the property and for having a vehicle appropriate
for mountain conditions - especially in the winter months. We strongly recommend snow chains or
4-wheel drive vehicles or minimally snow tires. We are not responsible for towing or pulling renters
out of the snow and we do not offer refunds for time lost or damages. Refunds are not available
for weather or road conditions. Vacation cancellation insurance may be available at your insurance
company or through our insurance company if you are worried about problems that might occur.
Each renter is responsible for getting their own policy if desired.

Links to Third Party Sites/Third Party Services
www.SecondHomeSecondChance.com may contain links to other websites ("Linked Sites"). The
Linked Sites are not under the control of Second Home Second Chance and Second Home
Second Chance is not responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked Site. Second Home
Second Chance is providing these links to you only as a convenience, and the inclusion of any link
does not imply endorsement by Second Home Second Chance of the site or any association with
its operators.

Certain services made available via www.SecondHomeSecondChance.com are delivered by third
party sites and organizations. By using any product, service or functionality originating from the
www.SecondHomeSecondChance.com domain, you hereby acknowledge and consent that
Second Home Second Chance may share such information and data with any third party with
whom Second Home Second Chance has a contractual relationship to provide the requested
product, service or functionality on behalf of www.SecondHomeSecondChance.com users and
customers.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
www.SecondHomeSecondChance.com strictly in accordance with these terms of use. As a
condition of your use of the Site, you warrant to Second Home Second Chance that you will not
use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the
Site in any manner which could damage, disable, overburden, or impair the Site or interfere with
any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available or provided for through
the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Second Home Second
Chance or its suppliers and protected by copyright and other laws that protect intellectual property
and proprietary rights. You agree to observe and abide by all copyright and other proprietary
notices, legends or other restrictions contained in any such content and will not make any changes
thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Second Home Second Chance content is not for resale. Your use of the Site does not entitle you
to make any unauthorized use of any protected content, and in particular you will not delete or
alter any proprietary rights or attribution notices in any content. You will use protected content
solely for your personal use, and will make no other use of the content without the express written
permission of Second Home Second Chance and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content. We do not grant you any licenses, express
or implied, to the intellectual property of Second Home Second Chance or our licensors except as
expressly authorized by these Terms.

Third Party Accounts
You will be able to connect your Second Home Second Chance account to third party accounts.
By connecting your Second Home Second Chance account to your third party account, you
acknowledge and agree that you are consenting to the continuous release of information about you
to others (in accordance with your privacy settings on those third party sites). If you do not want
information about you to be shared in this manner, do not use this feature.

International Users
The Service is controlled, operated and administered by Second Home Second Chance from our
offices within the USA. If you access the Service from a location outside the USA, you are
responsible for compliance with all local laws. You agree that you will not use the Second Home
Second Chance Content accessed through www.SecondHomeSecondChance.com in any country
or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless Second Home Second Chance, its officers,
directors, employees, agents and third parties, for any losses, costs, liabilities and expenses
(including reasonable attorney's fees) relating to or arising out of your use of or inability to use the
Site or services, any user postings made by you, your violation of any terms of this Agreement or
your violation of any rights of a third party, or your violation of any applicable laws, rules or
regulations. Second Home Second Chance reserves the right, at its own cost, to assume the
exclusive defense and control of any matter otherwise subject to indemnification by you, in which
event you will fully cooperate with Second Home Second Chance in asserting any available
defenses.

Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Second Home Second Chance agree otherwise, the
arbitrator may not consolidate more than one person's claims, and may not otherwise preside over
any form of a representative or class proceeding.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. SECOND HOME SECOND CHANCE REAL ESTATE AND
PROPERTY MANAGEMENT, LLC AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SECOND HOME SECOND CHANCE REAL ESTATE AND PROPERTY
MANAGEMENT, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
SECOND HOME SECOND CHANCE REAL ESTATE AND PROPERTY
MANAGEMENT, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL SECOND HOME SECOND CHANCE REAL ESTATE AND PROPERTY
MANAGEMENT, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY
OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
SECOND HOME SECOND CHANCE REAL ESTATE AND PROPERTY
MANAGEMENT, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.

Termination/Access Restriction
Second Home Second Chance reserves the right, in its sole discretion, to terminate your access to
the Site and the related services or any portion thereof at any time, without notice. To the
maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado
and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes
arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Second Home Second Chance as a result of this agreement or use of the Site. Second
Home Second Chance's performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of Second Home Second
Chance's right to comply with governmental, court and law enforcement requests or requirements
relating to your use of the Site or information provided to or gathered by Second Home Second
Chance with respect to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Second Home Second Chance with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between the
user and Second Home Second Chance with respect to the Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related documents be written
in English.

Changes to Terms and Conditions

We reserve the right to make changes to the terms and conditions as necessary.
 

GUEST VERIFICATION:
I give permission to SafelyStay, Inc., to verify my identity, and check criminal databases in order to confirm my reservation. Complete terms regarding Safely’s guest verification can be found at www.safelystay.com/terms-of-use. Please contact Safely at Concierge@Safely.ai, or go to www.Safely.ai, if you have any questions.

 

TRUST AND SAFETY:
The SafelyStay, Inc. Trust and Safety Fee includes up to $10,000 of coverage for accidental contents damage and up to $100,000 coverage for accidental property damage and bodily injury. Complete terms regarding the Trust and Safety coverage can be found at www.safely.ai/secondhomesecondchance . The Trust and Safety Fee is refundable only if the reservation is canceled in writing at least twenty-four (24) hours prior to the arrival date. Any deductible or minimum claim amount will be the responsibility of the Guest, and Second Home Second Chance Vacation Rentals will process using the form of payment on file for Guest



Contact Us
Second Home Second Chance welcomes your questions or comments regarding the Terms:
Second Home Second Chance Real Estate and Property Management, LLC
29 S. Main St.
Alma, Colorado 80420
Email Address:
Rentals@SecondHomeSecondChance.com
Telephone number:
719-836-7039
Effective as of February 01, 2019