HOST BOISE TERMS & CONDITIONS

HOST BOISE TERMS & Conditions AGREEMENT

Standard Version v 3.8.0

Date last modified: August 14, 2024

These Terms and Conditions of Service (“Terms”) apply to HostBoise.com, any subdomain of HostBoise.com, any related application for mobile devices, and any other websites operated by Elk In Idaho Enterprises LLC ("ElkInIdaho") or any subsidiary or affiliated entity on which these Terms and Conditions of Service are posted or linked via hyperlink, collectively know as the (“Site”).

The Site is operated by Elk In Idaho Enterprises LLC, dba ("Host Boise"), which is referred to in these Terms as “we,” “us,” “our,” "ElkInIdaho" or “Host Boise”. The terms “you” and “your” refer to the person using or accessing the Site.

By using or accessing the Site in any manner, you agree to comply with and be legally bound by these Terms. If you do not fully agree to these Terms without modification, you are not authorized to use or access the Site. You should carefully review these Terms, which constitute a legally binding agreement between you and Host Boise.

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.

These Terms and Conditions Changes

We may change, add to, or otherwise modify these Terms in the future without prior notice. We will list the date of the last revision to these 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 these Terms. Be sure to visit this page periodically to review the most current version of these Terms.

User Privacy Policy and Cookie Policy

Host Boise values your privacy. Please click here to review our current Privacy Policy and Cookie Policy. The Privacy Policy and Cookie Policy also govern your use of and access to the Site and are incorporated by reference into these Terms.

Access and Use of Site

Provided you comply with these Terms, Host Boise 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; if you are an owner or prospective owner of a property, researching or inquiring about using Host Boise's services; logging into the owner section for a property or room for which Host Boise provides rental management or marketing services pursuant to a contract with you; 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.

Unwarranted & Prohibited Activity

Any use of the Site for any purpose that is not expressly permitted or otherwise in accordance with these 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:

• use the Site or its contents for any commercial purpose, except as specifically authorized by us;
• copy, transmit, upload, or store any part of the content of the Site for any purpose not expressly permitted by these Terms;
• use the Site or its contents, or attempt to use the Site or its contents, to violate, circumvent, or infringe the rights of Host Boise or any other person or entity, including without limitation any intellectual property, contract, privacy, or publicity right;
• use the Site in a manner or for a purpose that violates any national, state or provincial, local, or other law or regulation, or any order of a court;
• use the Site in a fraudulent manner or under false pretenses, including without limitation making a reservation or reservation inquiry under a false name or address or incorrect age, using a method of payment that you are not authorized to use to pay for accommodation, or taking action that may be considered phishing;
• use the Site to identify, contact, or solicit a homeowner or guest for the purpose of (1) booking or soliciting a booking of a home independent of the services offered by Host Boise or (2) soliciting an owner or guest to use any third-party service that is competitive with Host Boise;
• use the Site to post or transmit material that is unlawful, threatening, abusive, libelous or defamatory, obscene, indecent, or sexually explicit, that discriminates or promotes discrimination against any individual or group, or that promotes illegal activities;
• threaten to use the Site to leave negative feedback in an attempt to force Host Boise to provide a refund or compensation if you lack an objectively reasonable belief that you are entitled to such refund or compensation under these Terms or any other agreement between you and Host Boise; or
• solicit, encourage, or assist any person in doing, or attempting to do, any of the foregoing actions.

Ownership & Proprietary Rights

All contents of the Site are protected by the copyright, trademark, and other intellectual property laws of the United States. You acknowledge and agree that the contents of the Site are the exclusive intellectual property of Host Boise or the applicable rights owner.

Sign-up & User Accounts

To access certain services via the Site, we may permit or require you to register for a Host Boise user account. If you choose to register, you agree to provide us with true, accurate, current, and complete information, and to update such information if it changes. You agree (1) to safeguard your Host Boise user login identification and password; (2) not to disclose your login identification or password to any third party without our express written permission; (3) to take sole responsibility for any activity taken under your Host Boise account, whether or not you specifically authorized the activity; and (4) to notify us immediately and select new a login identification and password if you believe your password for a Host Boise account or an email account you have used to register with Host Boise has been compromised, or if we notify you that we suspect unauthorized activity on your account. We reserve the right to terminate any user account, at any time, in our sole discretion.

User agrees and approves the receiving of phone calls, text messages, voice messages or email messages from Host Boise that may be from a human being or auto-dialer, related to appointment reminders, service information and billing matters when client provides a contact phone number. If user wishes to cancel communication in any way with Host Boise, please contact us directly at contact@hostboise.com or via text response to 833.264.7368 at any time.

Reviews, Submissions & 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 Host Boise a non-exclusive, perpetual, royalty-free, transferable and fully sub-licensable worldwide license (1) to use, reproduce, translate, modify, 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 Host Boise the right to pursue at law any person or entity that violates your or our rights in the Submissions by breaching these Terms. Host Boise 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.

Host Boise 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.

Conflicts & Additional Transaction Specific Terms

If you choose to reserve a vacation rental through the Site, to use Host Boise to provide rental management or marketing services on your behalf, or to undertake certain other transactions that may be accessible from the Site, you acknowledge and agree that you may be required to enter into one or more separate agreements or waivers, which may contain different or additional terms and conditions. If a conflict exists between these Terms and the terms and conditions of a specific separate agreement, waiver, or service, the terms and conditions of the specific agreement, waiver, or service will control.

Products

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

Purchases and Payments

We accept the following forms of payment:

- Online Payment via Credit Card: Visa; MasterCard; American Express; Discover Card
- Check (local customers only, on a pre-approval basis, invoice billing must be selected at checkout)
- Cash (repeat local customers only, on a pre-approval basis, invoice billing must be selected at checkout)

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. 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 payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Return/Refunds Policy

Please review our Return Policy posted on the Site prior to making any purchases. / All sales are final and no refund will be issued.

HostBoise.com Refund Policy

We offer refund and/or exchange within within 14 days after delivery. You have 14 calendar days to return an item from the date you received it. If 14 days have passed since your product was delivered, you will not be offered a refund and/or exchange of any kind.

Eligibility for Refunds and Exchanges

• Your item must be unused and in the same condition that you received it.
• The item must be in the original packaging.
• To complete your return, we require a receipt, order#, and or proof of purchase.
• Only regular priced items may be refunded, sale items cannot be refunded.
• All returns or exchanges require an authorization number, contact us at (contact@hostboise.com) to receive your authorization.
• If the item in question was marked as a gift when purchased and shipped directly to you, you will receive a gift credit for the value of your return.

Exchanges (if applicable)

If you need to exchange it for the same item, send us an email at (contact@hostboise.com) to request a exchange authorization. You will be instructed on how and where to return your purchase. All items are pre-inspected and packaged by hand, by staff members, to eliminate the shipping of damaged or defective items to customers. In the event an item was received damaged or defective, we will replace the items. Pictures of shipping box and shipping quality are required. All exchanges require an exchange authorization.

Return Restocking Fee

No returns will be accepted without a return authorization number. To request a return authorization send us an email at (contact@hostboise.com). If you would like to return your item, you will be instructed on how and where to return your purchase. If a return authorization is requested all returns are subject to a restocking fee/handling charge, which may change from time to time. A restocking fee of $20.00 or 15%, whichever is greater, is charged for all returns not due to damage or defect. Contact us at (contact@hostboise.com) to determine the exact amount. If the item(s) are specially ordered by the Purchaser, and cannot be returned to the manufacture, we shall have no obligation to accept the return of the item(s), and Purchaser shall remain liable for the entire purchase price of the item(s).

There are some items, however, that are ineligible for return, including:

• Gift cards
• Some health and personal care items
• Bed or bath linen items

Partial refunds are granted (if applicable)

• Any items containing liquids, gels, or spillables
  
• Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
  
• Any item that is returned more than 14 days after delivery.

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds

• If you have not received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted.
• If you have done all of this and you still have not received your refund yet, please contact us at (contact@hostboise.com)

Shipping and Handling

• Please do not send the product back to us before receiving a return authorization.
• Any product returned is not refundable if product is shipped back to us without an authorization.
• You will be responsible for paying for your own shipping costs for returning your item(s).
• Original shipping costs are non-refundable! If you receive a refund, the cost of original shipping will be deducted from your refund.
• Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
• Please see, we cannot guarantee that we will receive your returned item.

Liability and Warranty Disclaimer

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS Host Boise's LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SITE.

IF YOU CHOOSE TO ACCESS, DISPLAY, OR USE THE SITE, YOU DO SO 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. Host Boise 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 IS OFFERED “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, HOST BOISE SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HOST BOISE 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 YOUR ACCESS TO OR USE OF THE SITE. IN NO CASE SHALL ElkInIdaho, Host Boise 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 TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, DISPLAY OF, OR USE OF THE SITE, WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF HOST BOISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IF HOST BOISE IS FOUND LIABLE FOR ANY LOSS OR DAMAGE THAT ARISES OUT OF YOUR USE OF THE SITE, THEN IN NO EVENT SHALL HOST BOISE's LIABILITY, IN THE AGGREGATE, EXCEED (1) THE AMOUNT SPECIFIED IN A SEPARATE RENTAL OR OWNER AGREEMENT THAT APPLIES TO THE SPECIFIC TRANSACTION YOU ENGAGED IN, OR (2) IF THERE IS NO APPLICABLE SEPARATE AGREEMENT, ONE HUNDRED UNITED STATES DOLLARS ($100) OR ITS EQUIVALENT IN FOREIGN CURRENCY.

THE LIMITATION OF LIABILITY SET FORTH HEREIN REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HOST BOISE.

Indemnification

You agree to defend, indemnify, hold harmless and release ElkInIdaho, Host Boise and its affiliates, and any of their officers, directors, employees, agents, or rental owners, from and against all claims, 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 (1) your violation of these Terms, (2) your violation of the law or any rights of third parties, or (3) your access to or use of the Site.

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 Idaho, USA, without regard to principles of conflicts of law. You and we consent to the exclusive personal jurisdiction and venue of the federal or state courts located in Boise, Idaho, for all disputes arising out of or relating to the use of or access to 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 paragraph.

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.

Assignment

You may not assign these Terms without Host Boise's express written consent. Any attempt by you to assign these Terms without consent will be void and without effect. Host Boise 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 Host Boise 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 Host Boise with respect to the Site.

Any failure by Host Boise to enforce any provision of these terms shall not be construed as a waiver of future enforcement of that provision or of any of Host Boise's 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.

Further Help with Terms and Conditions

If you have questions or comments about these Terms, you may contact us by email at contact@hostboise.com or write to us at:

HOST BOISE VACATION RENTAL SERVICES

Contact Email: contact@hostboise.com

Contact Phone: (833) 264.7368

Contact Address:

PO Box 191155, Boise, ID 83719