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MINNeSTAY LLC, (hereafter referred to as "MINNeSTAY", "we", "us", or "our") provides services that connect home owners who have accommodations to rent with guests seeking to rent such accommodations, as well as certain rental management services for the guest and home owner (collectively, the "Services").
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The Services are accessible at www.minnestay.com, applications for mobile devices, application programming interfaces, the physical accommodations themselves, and any other websites and other access points through which MINNeSTAY makes the Services available (collectively, the "Site"). Reference to the Services includes the use of the Site.
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By using the Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"). These Terms govern your access to and use of the Services (defined below) and constitute a binding legal agreement between you and MINNeSTAY. Any access to or use of the Services by anyone under 25 is expressly prohibited.
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Please read carefully these Terms and our Privacy Policy, which may be found at www.minnestay.com/terms-conditions, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to use the Site or Services.
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Key Terms Used in Our Terms of Service
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"Accommodation" means a residential or other property that is booked via the Services.
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"Content" means all content (including text, graphics, images, music, software, audio, video, information or other materials) provided by Users, MINNeSTAY or licensed third parties which is available through the Services.
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"Guest" means a User who requests a booking of an Accommodation or stays at an Accommodation (and is not the Home Owner for such Accommodation).
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"Home Owner" means a User who creates a Listing via the Services or owns or controls the Accommodation.
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"Listing" means an Accommodation that is listed by a Home Owner as available for rental via the Services.
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"User" means a person who uses the MINNeSTAY Services.
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"User Content" means all Content that a User posts, uploads, publishes, submits or transmits to be made available through the Services.
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"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
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Certain areas of the Site may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Services, the latter terms and conditions will take precedence with respect to your use of or access to those Services.
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MINNeSTAY reserves the right, at its sole discretion, to modify the Services or to modify these Terms, including fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. By continuing to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
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You may register to create an account ("MINNeSTAY Account") directly via the Site.
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We will create your MINNeSTAY Account for your use of the Services based upon your personal information. You agree to provide accurate, current and complete information and Content during the registration process and to update such information to keep it accurate, current and complete. MINNeSTAY reserves the right to suspend or terminate your MINNeSTAY Account in our sole discretion. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your MINNeSTAY Account, whether or not you have authorized such activities or actions. You will immediately notify MINNeSTAY of any unauthorized use of your MINNeSTAY Account.
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MINNeSTAY is not an owner of the Accommodations. You understand and agree that MINNeSTAY is not a real estate broker, agent or insurer. MINNeSTAY enters into agreements with guests, home owners, third party service providers to provide the Services, but MINNeSTAY has no direct control over the conduct of such parties that are not agents or employees of MINNeSTAY. Accordingly, MINNeSTAY is not responsible for any liability related to any Services or Accommodations where the home owner, guest or third party service providers have violated any terms of their respective agreements with MINNeSTAY. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Users or third parties will be limited to a claim against the particular Users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from MINNeSTAY with respect to actions or omissions of such third parties.
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This limitation shall not apply to any claim by a Home Owner against MINNeSTAY regarding the remittance of payments received from a Guest by MINNeSTAY on behalf of a Home Owner, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
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MINNeSTAY makes no effort to review any User Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and MINNeSTAY is not responsible for any User Content.
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MINNeSTAY collects service fees from Home Owners and Guests in consideration for the Services. Where applicable, Taxes may also be charged in addition to the Service fees, which MINNeSTAY will remit to the local taxing authority for the Accommodation. Balances will be remitted by MINNeSTAY to Home Owners via the payment methods described in the Services. For certain specific services (such as cleaning), MINNeSTAY will collect service fees from Guests and remit balances due to the local service providers for such services directly. Please note that for any payments by MINNeSTAY in currencies other than U.S. dollars, MINNeSTAY may deduct foreign currency processing costs from such payments. Except as otherwise provided herein, Service fees are non-refundable.
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Bookings and Financial Terms for Guests
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When you, as a Guest, choose to enter into a transaction for the booking of an Accommodation, you agree and understand that you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Home Owner and MINNeSTAY which are disclosed at the time of booking. You agree to pay MINNeSTAY for the total fees for any booking. In order to establish a booking, you understand and agree that MINNeSTAY reserves the right, in its sole discretion, to obtain: (i) a verification of your credit card; or (ii) pre-authorization via your credit card for the total fees.
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MINNeSTAY will collect the total fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing and booking terms. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by MINNeSTAY or indirectly, via a third party online payment processor or by one of the payment methods described on the Services. You also authorize MINNeSTAY to charge your credit card in the event of damage caused at an Accommodation as provided by the "Damage to Accommodations" section of the Guest Agreement. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
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