Terms & Conditions of Use Agreement

Thank you for visiting our site. In this Terms & Conditions of Use Agreement, “we”, “our” or “us” refers to Prista, LLC, Prista Management, Prista.com and its affiliates. Prista, LLC and its affiliates provide services and use of the site Prista.com (“PRISTA”) to you subject to the following terms and conditions.

 

PLEASE READ THE ENTIRE TERMS & CONDITIONS OF USE CAREFULLY BEFORE YOU USE ANY PART OF THIS WEBSITE. IF YOU DO NOT AGREE TO ALL THE TERMS & CONDITIONS SET FORTH HEREIN YOU MAY NOT USE THIS WEBSITE OR ANY OF ITS FEATURES OR SERVICES. BY USING THIS WEBSITE OR ITS FEATURES OR SERVICES, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS & CONDITIONS OF USE IN THEIR ENTIRETY.

 

YOU MUST BE AT LEAST 18 YEARS OLD TO USE THIS WEBSITE OR ANY OF ITS FEATURES OR SERVICES.

 

Effective Date:  This Terms & Conditions of Use Agreement was last updated March 2013.

 

Website Privacy/Security Policy

Vacation Rental Booking Account information and certain other information about you are subject to our Website Privacy Statement and Security Agreement. For more information, please see our full Privacy Statement & Website Security Policy.

 

This Terms & Conditions of Use Agreement (“Agreement”) sets forth the website use guidelines and standards of use of PRISTA. By using the PRISTA website you (as a “User”) agree to these terms and conditions.  A “User” is defined as any visitor to the website including both registered and unregistered visitors (all visitors have the ability to browse the PRISTA website, including through a mobile device or otherwise attempt to use PRISTA and will have access to various PRISTA tools, rental reviews, unit information/details, travel data, etc. including the ability to book a reservation).  Certain areas or features of this website may be restricted to Users who have obtained an ID and password by completing a registration process described on this website. Please be sure to protect and maintain the confidentiality of any information you may obtain in connection with your use of this website. You agree to notify PRISTA immediately if you believe your ID, password or other identifying information has been lost, stolen or otherwise compromised.  If you do not agree to the terms and conditions of this Agreement, you should immediately discontinue use or viewing of this website.

 

If you wish to make use of PRISTA features or services, you agree to the terms in this Agreement and indicate your acceptance of the same by continued use of the website along with acceptance during the registration or booking process. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at PRISTA.com.  Your continued use of the PRISTA website after amendments are posted constitutes acknowledgement and acceptance of the terms & conditions of use and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1.0       Description of Service – Limited Use License Agreement

 

PRISTA operates Prista.com, which is an online “Private Vacation Stays” rental booking venue whereby users can review privately owned vacation rental units and book reservations to stay at any of the listed and available private vacation rental units. Prista, LLC nor Prista.com is a party to any rental agreement or transaction for private vacation rental units and operates merely as a marketing venue for the privately owned vacation rental properties listed. Prista Management contracts with guests on the short term private vacation rental units under a separate private stays rental agreement. You agree and acknowledge that you may be required to enter into a separate agreement for the short term rental of a private vacation unit with Prista Management or its designee prior to booking an available private rental unit on Prista.com which may place additional terms and restrictions on you and your rental of the private vacation unit.

 

PRISTA provides a secure online private vacation rental booking process, with bank grade security SSL certificates with extended validation and encrypted databases, for the transfer of Users’ information including credit card data for rental deposits, instructions and messages back and forth between Users and Prista Management regarding private rental terms and conditions. With PRISTA’s secure booking site we are able to provide you with a user friendly and secure online destination for all your private vacation stay needs.

 

By visiting this website you are licensed to use the Content only for the purpose of requesting services on this site.  The downloading of the whole or significant portions of any content or database is strictly prohibited. Resale of any Content or database or portion thereof, is also prohibited. Violation of this License Agreement may result in legal action being taken against you.

 

2.0       Proprietary Rights to Content

 

You acknowledge and agree that this website contains information, data, software, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, and/or other material (collectively referred to as “Content”) protected by copyrights, trademarks, patents, service marks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.

All Content displayed on this site and all software, data and information used to create this site and the Content, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, service marks, patents and other intellectual property rights, or proprietary rights therein or thereto, are owned by PRISTA, its affiliates, suppliers or licensors, and are protected under U.S. and international copyright, trademark and other applicable laws and treaties including international trade and export laws.  All rights not expressly granted to you by us in this License Agreement are reserved to PRISTA and you acknowledge and agree that you do not acquire any ownership rights by accessing or downloading copyrighted material or Content from the website as authorized hereunder.

3.0       Disclaimers

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. The site is provided by PRISTA on an “as is” and on an “as available” basis ONLY.  To the fullest extent permitted by applicable law, PRISTA makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise.  PRISTA shall have no liability for any interruptions in the use of this Website. In addition, PRISTA DOES NOT WARRANT OR REPRESENT The following: (1) the site will meet your requirments, (2) the site will be uninterrupted, timely, secure, or error free, (3) the results that may be obtained from the use of the site will be accurate or reliabLE, (4) the quality of any products, services, or information, or other materialS obtained by you through the site will meet your expectations, (5) the server that makes the site available is free from viruses or other harmful components; or (6) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and you will be solely responsible for any loss or damage incurred, including but not limited to, damage to your computer system or loss of data that results from the download of any such material. you (and not us or any of PRISTA’S affiliated companies or any of our or their respective licensors or vendors) assume the entire cost of all necessary servicing, repair or correction for any such damage.

 

No advice or information, whether oral or written, obtained by you from the site or from us shall create any warranty not expressly stated in these terms & conditions of use OR IN THE SERVICE AGREEMENT ITSELF.

the material available through PRISTA IS for informational purposes only. Before you act on any information you’ve found on this site, you should independently confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH PRISTA, YOU EXPRESSLY AGREE THAT YOU DO SO AT YOUR OWN RISK.

PRISTA disclaims all warranties with regard to the information provided, including the implied warrantY of merchantability, IMPLIED WARRANTY OF fitness for a particular purpose, and IMPLIED WARRANTY OF non-infringement.

 

Some jurisdictions do not allow the exclusion of implied WARRANTIES; therefore the above-referenced exclusion MAY NOT APPLY TO YOU.

 

4.0       Limitation of Liability

 

PRISTA SHALL NOT be liable for any damages whatsoever, and in particular PRISTA  shall not be liable for any DIRECT, special, indirect, consequential, or incidental damages, or damages for lost profits, LOST INCOME, loss of revenue, or loss of use, arising out of or related to THE USE OR THE INABILITY TO USE this web site or the information contained in it, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHSED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA PROVIDED ON THE SITE BY YOU, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if PRISTA  has been advised of the possibility of such damages.

 

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE, SERVICE, AND ITS AFFILIATED SITES.

 

5.0       Waiver of Jury Trial

 

PRISTA ALONG WITH ANY USER HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

 

6.0       Indemnification

 

You agree to indemnify and hold PRISTA, its subsidiaries, affiliates, officers, agents, attorneys and employees, harmless from any claim or demand of any kind whatsoever, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of the use of this Site or Service, the violation of this Agreement, or infringement by another User of the Service, of any intellectual property or any other right of any person or entity who may have gained access to PRISTA by using your ID and password.

 

7.0       COPPA Notice

CHILDREN ONLINE PROTECTION ACT NOTIFICATION

***Special Note for Parents or Guardians of Children

The Web site you are visiting was not designed for anyone under the age of 18.  We are not responsible for any access or use of this Web site by children or minors under the age of 18.  This Web site does not sell products designated for purchase by children under the age of 13 or anyone under the age of 18 nor is it designed for their use or entertainment.

 

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying providers of such protections are available to you online.

 

Please see our COPPA Information provided in our Privacy Statement for more information regarding use of this website and children under the age of 13 and anyone under the age of 18.

 

8.0       Technology Export Control

Through the Bureau of Industry and Security and its use of the Export Administration Regulations, the United States government has implemented export control laws that regulate the export and re-export of technology originating from within the United States. This technology includes the electronic transmission of information or software.  The export control laws regulate the exporting or re-exporting of this technology to foreign countries and to certain foreign nationals.  You agree to abide by these laws and regulations, including but not limited to, the Export Administration Act, U.S. Foreign Corrupt Practices Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the website to either a foreign national or foreign destination in violation of such laws.

 

 

9.0       Modifications and Interruption to Service

 

PRISTA reserves the right to modify or discontinue the Website or Service with or without notice to the User. PRISTA shall not be liable to a User or any third party should PRISTA exercise its right to modify or discontinue the Website or Service. Each User acknowledges and accepts that PRISTA does not guarantee continuous, uninterrupted or secure access to our Website or Services and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our operation or control.

 

10.0    Rental Information

 

PRISTA reserves the right to update and/or correct publishing or pricing errors in its online listings or on any of its websites including Prista.com. Rental unit descriptions, depictions and illustrations or photographs on the website are for general illustrative purposes only. The actual rental unit may vary slightly from what is illustrated online as actual unit photos are subject to present day environmental conditions, weather and artistic direction as to shot location and type which may provide a different perspective than a guest sees upon arrival. Access to PRISTA websites or its online listings does not guarantee a private vacation rental unit is available for any specific date until actually reserved.

 

11.0    Travel Advisories:  Certain travel destinations may involve more risk than others. PRISTA urges all user travelers to research the location they wish to visit and to review travel prohibitions, warnings, announcements and advisories issued by the United States Government or State Agencies prior to booking.  Information may be found at these government sites: www.scdot.org  www.state.govwww.tsa.gov, www.dot.govwww.faa.gov, and www.cdc.gov.

 

12.0    Third-Party Sites

 

PRISTA may include links to other sites on the Internet or World Wide Web that are owned and operated by online merchants, vendors, suppliers, manufacturers, material men, contractors, subcontractors, service providers and/or other third parties (collectively referred to as “Vendors”). Any such links to Vendors or third party sites are provided for your convenience only, and such links do not imply endorsement by PRISTA of such other third party sites or Vendor sites or the content contained therein. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party or Vendor site. You should contact the site administrator or webmaster for those third-party or Vendor sites if you have any concerns regarding such links or the content located on such sites.  Your use of third-party or Vendor sites is subject to the terms & conditions of use and privacy policies of each site, and we are not responsible therein. We encourage all Users or Users to review said terms & conditions and privacy policies of all third-party and Vendor sites.

 

PRISTA disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity concerning third party provided services and sites, and you agree that any recourse for dissatisfaction or problems with those services or sites will be sought from the third party provider and not from PRISTA as you agree to waive any claim you may have against us with respect to such other sites.

 

13.0    Governing Jurisdiction

 

This Agreement will be governed by and construed in accordance with the laws of the United States of America, without regard to any principals of conflicts of law. Any and all services and rights of use hereunder are considered performed in the State of Ohio, United States and You agree that any action at law or in equity that arises out of or relates to this website or these Terms & Conditions of Use will be filed only in the state or federal courts located in Ohio and the Federal Northern District of Ohio, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

 

PRISTA is operated in the United States of America and we make no warranty that the materials and content on the site are appropriate or available for use outside the United States. Those who choose to access the site from outside the United States do so on their own initiative and are responsible for local laws, if and to the extent that local laws are applicable.

 

14.0    Compliance with Laws and International Use

 

You assume all knowledge of applicable law and are responsible for compliance with any such laws.  You may not use our website or services in any way that violates applicable state, federal, or international laws, regulations or other government requirements.

 

Furthermore, we make no representation that materials or services on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations outside of the United States do so on their own initiative and at their own risk and are responsible for compliance with those local laws and regulations.  Those who choose to access this website do so on their own initiative and at their own risk and are responsible for compliance with those local laws and regulations. Please see actual regulations for more information.

 

15.0    Copyright, Trademark and Service Mark Information

 

All Content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is the property of Prista, LLC, with all rights reserved, or is the property of Prista.com and/or third parties protected by intellectual property rights.  Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Prista, LLC is strictly prohibited.  Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein.

 

Prista™ and Prista Private Vacation Stays™ are proprietary marks of Prista, LLC, whose trademarks may not be used in connection with any product or service that is not provided by Prista.com, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits PRISTA.

 

All other trademarks displayed on PRISTA’s website are the trademarks of their respective owners and may only be used with the permission of the particular owner. These other trademarks constitute neither an endorsement nor a recommendation of those Vendors.  In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with PRISTA.

 

16.0    Notification of Claimed Copyright Infringement

 

We respect the intellectual property of others and we ask our Users to do the same. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:

 

(1)    A description of the copyrighted work that you claim has been infringed;

(2)    Identification of the URL or other specific location on the Website where the material you claim is infringing is located;

(3)    Your name, address, telephone number, email address, and statement that you are an authorized person to act on behalf of the owner of the copyright;

(4)    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;

(5)    An affidavit submitted by you, sworn to and made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are an authorized agent to act on behalf of the copyright owner.

 

Pursuant to Section 512(c) of the Copyright Revision Act, as amended by the Digital Millennium Copyright Act, Prista, LLC and PRISTA.com designate the following individual as its agent for receipt of notifications of claimed copyright infringement.

 

By Mail:

Prista, LLC

Attention:  Website Copyright Notice Dept.

405 Rothrock Road, Suite 103

Akron, Ohio 44321

 

By Email: legal@Prista.com

 

17.0    Botnets

 

PRISTA retains the right, at our sole discretion, to terminate any User involved with botnets and related activities. If any hostnames are used as command and control points for botnets, PRISTA reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

 

18.0    Spamming

Use of PRISTA by you for spamming is strictly prohibited.

19.0    Miscellaneous Terms

 

These Terms & Conditions of Use constitute the entire agreement and understanding between you and us, superseding any prior agreements and understandings, and govern your use of the Website, excepting there from any additional terms required for Users under any posted Agreement or Prista Management Agreement. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to enforce or exercise any right or provision of these Terms & Conditions of Use shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions of Use shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and in full force and effect.  You agree that these Terms & Conditions of Use and any other agreements referenced herein, may be assigned by PRISTA, in our sole discretion, to a third party in the event of a merger or acquisition. The section titles and headings in these Terms & Conditions of Use are for convenience only and have no legal or contractual effect.

 

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms & Conditions of Use.

 

Any rights not expressly granted herein are reserved by and for us.

 

In making a vacation rental inquiry, rental application or in entering into any other transaction or request for information on this website, you agree to provide accurate, true, current, and complete information upon which PRISTA may rely.

 

Your communications with PRISTA via the website, pc-talk, online chat, email, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.

 

From time to time, PRISTA may offer you the option to participate in contests, sweepstakes, or surveys. If you would like to participate, we may ask you for contact information, preferences or other information. This information may be used to conduct research, improve our offerings, or contact you regarding private vacation stays or award prizes. Our contests or sweepstakes may have separate rules and we will identify how the information that you supply will be used in each case.

 

By submitting information to PRISTA through this website or otherwise you are making an inquiry as to our private vacation rental stay units and services offered by PRISTA and give PRISTA permission to contact you through Email, fax, or telephone, or any means, even if your phone number is on a “Do Not Call” list.

 

Certain sections or pages on this Website may contain separate terms and conditions, which are in addition to these Terms & Conditions of Use. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.


Prista, LLC
and Prista.com will use commercially reasonable efforts to promptly respond and resolve any problem or question.

 

© Copyright 2013, Prista, LLC. All Rights Reserved.