Date last modified: August 1, 2023
These Terms and Conditions of Service govern and apply to your use of or access to daydreamercabins.com, a subdomain of any such websites, any mobile application for such websites or any other website operated by us on which these Terms and Conditions of Service are posted via a link or otherwise and all reservation and other services and functionalities provided thereunder (collectively and individually, the “Site”).
By using or accessing the Site, you acknowledge and agree that you are subject to these Terms and Conditions.
Please read these Terms carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than a court.
The Site is owned and operated by Day Dreamer Cabins LLC, which is also referred to in these Terms as “we,” “us,” “our”. The terms “you” and “your” refer to the user using or accessing the Site and/or requesting a reservation on the Site.
By using or accessing the Site in any manner, you agree to comply with and be legally bound by the Terms. If you do not fully agree to the Terms without modification, you are not authorized to use or access the Site. You should carefully review the Terms, which constitute a legally binding agreement between you and Day Dreamer Cabins LLC..
You are not authorized to access the Site unless you are at least 18 years old and are able to enter into legally binding contracts.
Revisions
We may change, add to, or otherwise modify the Terms in the future without prior notice. We will list the date of the last revision to the Terms at the top of this page, and any revisions will take effect upon posting. You agree that your continued use of or access to the Site after any revision constitutes your acceptance of the revised version of the Terms. Be sure to visit this page often to review the most current version of the Terms.
Limited License to Access and Use Site
Provided you comply with the Terms, Day Dreamer Cabins LLC. grants you a limited, revocable, non-transferable and non-exclusive right to access and use the Site for, and limited to, any of the following purposes: searching for a vacation or short-term rental; booking or inquiring about booking a vacation or short-term rental; taking any of the above actions for another person for whom you are legally authorized to act; or any other purpose that is clearly stated and expressly permitted on the Site.
Prohibited Activity
Any use of the Site for any purpose that is not expressly permitted or otherwise in accordance with the Terms is prohibited. Prohibited uses of the Site include, without limitation, the uses listed below. In connection with the use of or access to the Site, you agree not to do any of the following:
Proprietary Rights and Ownership
All contents of the Site and all Software are protected by the copyright, trademark, and other intellectual property laws of the United States and foreign countries and by international conventions. You acknowledge and agree that the contents of the Site and all Software are the exclusive intellectual property of Day Dreamer Cabins LLC. or the applicable rights owner. You shall not copy, store or otherwise access the Site or any content on the Site other than for your personal, noncommercial use. Your right to use the Software is non-exclusive and revocable, governed by these Terms, and may be terminated by us at any time.
Third Party Sites
We do not endorse or otherwise make any representation or assurance regarding any third-party websites, tools or services that may be referenced in or accessible from our Site, that reference or provide accessibility to our Site, or that are otherwise linked between our Site and such third-party website.
Reviews and User Content
We may, in our sole discretion, permit you to post, submit, upload, or transmit via the Site a review or other content generated by you. If you post, submit, upload, or transmit a review or other content to us via the Site or for potential use on the Site (collectively, “Submissions”), you grant Day Dreamer Cabins LLC. a non-exclusive, perpetual, royalty-free, transferable and fully sub-licensable worldwide license (1) to use, reproduce, translate, edit, adapt, access, view, distribute, publish, transmit, publicly display, and create derivative works from the Submissions in any media, now known or hereafter devised, for any purpose, and (2) to use the name that you submit in connection with the Submissions. You agree and acknowledge that we may choose to provide attribution of Submissions, at our sole discretion. You further grant Day Dreamer Cabins LLC. the right to pursue at law any person or entity that violates your or our rights in the Submissions by breaching these Terms. Subject to the aforesaid license, Day Dreamer Cabins LLC. does not claim any right of ownership in the Submissions, and nothing in these Terms shall be deemed to remove or restrict any rights you have in the Submissions.
By making any Submissions to, via, or for the Site, you represent and warrant that (1) you have full rights to the content of the Submissions, either because you are the sole and exclusive owner of such content or because you have been granted all necessary rights, licenses, or consents to such content, and (2) that the Submissions do not violate any provision of these Terms. You further agree and warrant to us that none of your Submissions shall violate anyone’s rights (including copyright or other intellectual property rights), or include personal or identifying information of any third party person, or include promotional content or solicitations, or include obscene, abusive, discriminatory, illegal, false or misleading content or information.
Day Dreamer Cabins LLC. has the absolute discretion (but not the obligation) to pre-screen, remove, or edit any reviews or other user-generated content that may be posted on the Site. We do not guarantee and are not responsible for the accuracy, non-infringement, or legality of any review or other user-generated content that may appear on the Site.
Any suggestions or communications you may provide to us regarding our business, including improvements to our business or technology and processes, shall automatically become the sole and exclusive property of Day Dreamer Cabins LLC., and Day Dreamer Cabins LLC. may use, adapt, incorporate or disseminate such suggestions and communications in its sole discretion. Day Dreamer Cabins LLC. is not obligated to review or maintain the confidentiality of any such suggestions or communications.
Additional Terms May Apply to Specific Transactions; Conflicts Between Terms
You acknowledge and agree that (i) you may be required to enter into one or more separate rental or other agreements governing or relating to the reservation, rental, visitation, use or occupancy of a property, or the cancellation of thereof (“Rental Agreement”) and (ii) a Rental Agreement may contain different or additional terms and conditions from these Terms.
If a conflict exists between these Terms and the terms and conditions of a Rental Agreement, the terms and conditions of the Rental Agreement shall be controlling as to such conflicting terms – EXCEPT AND SUBJECT TO THE PROVISIONS BELOW CAPTIONED “LIABILITY AND WARRANTY DISCLAIMER”, “INDEMNIFICATION” AND “JURISDICTION AND GOVERNING LAW; CLASS ACTION WAIVER”.
Liability and Warranty Disclaimer
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS DAY DREAMER CABINS LLC. LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING THE RENTAL, VISITATION, USE OR OCCUPANCY OF ANY PROPERTY FROM OR THROUGH THE SITE ORFROM OR
THE ACCESS, DISPLAY, OR USE THE SITE IS AT YOUR OWN RISK. THE INFORMATION PUBLISHED ON THE SITE MAY CONTAIN ERRORS, INCLUDING RESERVATION AVAILABILITY ERRORS, PRICING ERRORS, AND INACCURATE OR INCOMPLETE DESCRIPTIONS OF ACCOMMODATIONS OR LOCATIONS. DAY DREAMER CABINS LLC. DOES NOT GUARANTEE THE ACCURACY OF THE INFORMATION PUBLISHED ON THIS SITE AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR INACCURACIES IN SUCH INFORMATION. THE SITE AND EACH PROPERTY IS OFFERED “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, DAY DREAMER CABINS LLC. SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. DAY DREAMER CABINS LLC. DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE ON A SECURE, UNINTERRUPTED OR ERROR-FREE BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT YOU BEAR THE ENTIRE RISK ARISING OUT OF THE ACCESS TO OR USE OF THE SITE, OR THE RENTAL, VISITATION, USE OR OCCUPANCY OF ANY PROPERTY, BY YOU OR BY OR BY ANY OF YOUR GUESTS, INVITEES OR VISITORS OR BY ANY OTHER PARTY. IN NO CASE SHALL DAY DREAMER CABINS LLC. OR ITS SUBSIDIARIES OR AFFILIATES (INCLUDING BUT NOT LIMITED TO THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR DAMAGE, DESTRUCTION OR LOSS TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH (i) ANY BREACH OF THESE TERMS BY YOU OR ANY THIRD PARTY, (ii) THE ACCESS TO, DISPLAY OF, OR USE OF THE SITE, OR ANY THIRD PARTY WEBSITE, TOOLS OR SERVICES USED IN CONNECTION WITH THE SITE, BY YOU OR ANY THIRD PARTY, OR (iii) THE RENTAL, VISITATION, USE OR OCCUPANCY OF ANY PROPERTY BY YOU, OR BY ANY OF YOUR GUESTS, INVITEES OR VISITORS OR BY OTHER PARTIES, WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF DAY DREAMER CABINS LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IF DAY DREAMER CABINS LLC. IS FOUND LIABLE FOR ANY LOSSES, COSTS, OR DAMAGES THAT ARISE OUT OF YOUR USE OF THE SITE OR THE RENTAL, VISITATION, USE OR OCCUPANCY OF ANY PROPERTY BY YOU OR BY ANY OF YOUR GUESTS, INVITEES, VISITORS OR BY ANY OTHER PARTIES, THEN IN NO EVENT SHALL DAY DREAMER CABINS LLC. LIABILITY, IN THE AGGREGATE, EXCEED (1) THE AMOUNT SPECIFIED IN ANY APPLICABLE RENTAL AGREEMENT, OR (2) IF THERE IS NO APPLICABLE RENTAL AGREEMENT, ONE HUNDRED (US) DOLLARS ($100).
THE LIABILITY AND WARRANTY DISCLAIMER SET FORTH HEREIN (i) ARE HEREBY DEEMED INCORPORATED INTO AND MADE PART OF ANY APPLICABLE RENTAL AGREEMENT, BUT SHALL ALSO REMAIN AT ALL TIMES BINDING AS SEPARATE AND INDEPENDENT COVENANTS UNDER THESE TERMS AND (ii) REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DAY DREAMER CABINS LLC..
IN FURTHERANCE OF THE APPLICABILITY OF THE FOREGOING LIABILITY AND WARRANTY DISCLAIMER, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IF A CONFLICT EXISTS BETWEEN SUCH LIABILITY AND WARRANTY DISCLAIMER, AND THE SAME OR SIMILAR TERMS OF ANY RENTAL AGREEMENT, THE LIABILITY AND WARRANTY DISCLAIMER UNDER THESE TERMS SHALL BE CONTROLLING AS TO SUCH CONFLICTING TERMS IF AND TO THE EXTENT THE DEGREE OF PROTECTION AFFORDED DAY DREAMER CABINS LLC., UNDER THE LIABILITY AND WARRANTY DISCLAIMER SET FORTH HEREIN, EXCEEDS THAT AFFORDED DAY DREAMER CABINS LLC. UNDER THE SAME OR SIMILAR TERMS OF ANY RENTAL AGREEMENT.
Indemnification
You agree to defend, indemnify, hold harmless and release Day Dreamer Cabins LLC. and its affiliates, and any of their officers, directors, employees, agents, or rental owners, from and against all claims, losses, causes of action, liabilities, demands, damages, or other costs or expenses of any kind, specifically including without limitation reasonable legal and accounting fees, brought by third parties as a result of or in any way connected with (i) your violation of these Terms, (ii) your violation of the law or any rights of third parties, (iii) your access to or use of the Site or any third party website, tools or services used in connection with the Site or (4) the rental, visitation, use or occupancy of any property by you or by any of your guests, invitees or visitors or by any other party.
THE INDEMNIFICATION SET FORTH HEREIN IS HEREBY DEEMED INCORPORATED INTO AND MADE PART OF ANY RENTAL AGREEMENT, BUT SHALL ALSO REMAIN AT ALL TIMES BINDING AS A SEPARATE AND INDEPENDENT COVENANT UNDER THESE TERMS.
IN FURTHERANCE OF THE APPLICABILITY OF THE FOREGOING INDEMNIFICATION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IF A CONFLICT EXISTS BETWEEN SUCH INDEMNIFICATION, AND THE SAME OR SIMILAR TERMS OF ANY RENTAL AGREEMENT, THE LIMITATION OF LIABILITY UNDER THESE TERMS SHALL BE CONTROLLING AS TO SUCH CONFLICTING TERMS IF AND TO THE EXTENT THE DEGREE OF PROTECTION AFFORDED DAY DREAMER CABINS LLC., UNDER THE INDEMNIFICATION SET FORTH HEREIN, EXCEEDS THAT AFFORDED DAY DREAMER CABINS LLC. UNDER THE SAME OR SIMILAR TERMS OF ANY RENTAL AGREEMENT.
YOU ACKNOWLEDGE AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE ARE EXPRESSLY WAIVED. THAT SECTION PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Jurisdiction and Governing Law; Class Action Waiver
These Terms are governed by, and shall be interpreted in accordance with, the laws of the State of New Mexico, USA, without regard to principles of conflicts of law.
For all disputes arising out of or relating to your rental, visitation, use or occupancy of any property by you, or by any of your guests, invitees or visitors or by any other party (“Rental Disputes”), you consent to personal jurisdiction and venue in the state and location provided in the applicable Rental Agreement. You also consent to the jurisdiction of any courts as provided in such Rental Agreement or, if applicable, to adjudication of any disputes by arbitration as provided in such Rental Agreement. By agreeing to these Terms you affirm your agreement to such provisions and all other provisions under an applicable Rental Agreement (subject to these Terms), and (if applicable) consent to arbitration for Rental Disputes, as set forth in such Rental Agreement. If a Rental Agreement provides for adjudication of disputes by arbitration, then any disputes or controversy as to the applicability or enforcement of any such arbitration provision shall also be determined by arbitration.
All disputes arising out of or relating to the use of or access to the Site, dealings with our customer experience agents, any services or products provided, any representations made by us, will be resolved exclusively by binding arbitration, rather than in court. Such arbitration shall take place, at our sole discretion, either in Ruidoso, New Mexico or the location set forth in any applicable Rental Agreement for resolution of disputes. Site Disputes will be resolved exclusively by binding arbitration regardless of any contrary method of dispute resolution set forth in such Rental Agreement with respect to Rental Disputes. This includes any claims you assert against us, our subsidiaries, users or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any claims that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration.
Arbitration for Site Disputes will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Arbitration Consumer Rules (together, the “AAA Rules”). Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed upon location. By agreeing to arbitration under the AAA Rules, the parties agree, among other things, that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms and/or Rental Agreement as a court would. The preceding sentence is applicable to both an arbitration of Rental Disputes and an arbitration of Site Disputes.
YOU AND WE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON ANY DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND DAY DREAMER CABINS LLC. WAIVE ANY RIGHT TO A JURY TRIAL.
Assignment
You may not assign these Terms without Day Dreamer Cabins LLC. express written consent. Any attempt by you to assign these Terms without consent will be void and without effect. Day Dreamer Cabins LLC. may assign these Terms or any of its rights or interest in these Terms at any time, in its sole discretion, without your consent.
General Provisions
These Terms (together with any other terms and conditions referenced herein, and any different or additional terms that apply to specific transactions) constitute the entire agreement between you and Day Dreamer Cabins LLC. with respect to your use of and access to the Site, and supersede all prior or contemporaneous electronic, oral or written understandings or communications between you and Day Dreamer Cabins LLC. with respect to the Site.
Any failure by Day Dreamer Cabins LLC. to enforce any provision of these terms shall not be construed as a waiver of future enforcement of that provision or of any of Day Dreamer Cabins LLC. rights and privileges.
If any provision of these Terms is held invalid pursuant to applicable law, that provision will be enforced to the maximum extent possible and the other portions will be deemed valid, and so far as is reasonable and possible, the intent of the parties hereto will be given full effect.
Terms of Service Help
If you have questions or comments about these Terms, you may contact us by email at daydreamercabins.com.
