Terms of Service
Last revised on March 30, 2023.
Welcome to Stay Heirloom.
The Stay Heirloom website/platform (the “Platform”) is owned and operated by Glaser Property Management, Inc., a Massachusetts corporation, and its subsidiary, Heirloom (the “Company,” “Stay Heirloom,” “Heirloom,” “we,” “us,” and/or “our,”). Our website and its functions (the “Service”) are the means in which we facilitate group travel experiences. It provides information about Heirloom and the cities we operate in. It is also an online booking platform for our properties. Heirloom’s Service is not directed to children under 13 (or other age as required by local law).
Please read carefully the following Terms of Service (the “Terms”). The Terms are a binding legal agreement between you and Heirloom that govern your right to use the Platform and the Service. Your access to and use of the Service and/or any of its functions is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors of the www.stayheirloom.com website. BY ACCESSING OR USING THE SERVICE IN ANY MANNER, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND ACCEPT THIS AGREEMENT, AND YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS, THEN YOU MAY NOT ACCESS THE SERVICE.
BY USING THE SERVICE, AND THEREFORE AGREEING TO THE TERMS, YOU AGREE THAT DISPUTES BETWEEN YOU AND HEIRLOOM SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
I. License to Use
All Platform visitors have a limited, revocable, personal, non-exclusive, non-transferable, non-sublicensable license to use the Platform and the Service as long as you abide by the Terms. If you disagree with any part of the Terms, then you may not access the Service. This right is for the sole purpose of enabling you to use our Service in the manner permitted by our Terms. No rights are granted to you by implication or otherwise except for the rights expressly granted to you. For the avoidance of doubt, the right does not transfer any of the rights under these Terms to third parties or any other authorization to use the Services.
II. Acceptable Use of Our Service
You must use our Service according to our Terms and posted policies. You must refrain from breaching these Terms or any other applicable rules and instructions we may convey with respect to the use of the Platform. Additionally, you must access and use the Service only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) the Service: (a) for any unlawful purpose; (b) to encourage or solicit others to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Services; (c) to violate any international, governmental, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon, misappropriate, or violate our intellectual property rights or the intellectual property rights of others, including privacy, publicity, intellectual property, or other proprietary rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, threaten, speak hatefully, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to impersonate another person or entity; or (l) to interfere with or circumvent the security features of the Platform. We reserve the right to terminate your use of the Services for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.
You must not (or encourage or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) collect the information of or about our users in any impermissible or unauthorized manner, including that which may infringe or violate the rights of others, including a person’s right to privacy, or otherwise cause harm to anyone; or (f) remove or otherwise alter or cause to be altered, directly or indirectly, the appearance of the Services so as to remove Heirloom’s proprietary branding or logo or otherwise modify the appearance of the Services.
III. SMS Terms & Conditions
“Stay Heirloom” or “Heirloom,” also known as Glaser Property Management, Inc., utilizes Vonage for our Guest Communications phone line. We use Vonage to facilitate all phone calls and SMS messages Platform visitors may send to contact us.
When you call or text our phone number, you are opting in to receive phone calls and text messages from us. We call and send SMS messages in order to answer any questions and/or concerns from individuals contacting us regarding our properties. We will only send you SMS messages after you initiate contact for informational purposes regarding our properties. We do not initiate SMS messaging for advertising purposes. Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. Text STOP to cancel and cease all messages and calls. Text HELP to (504) 507-0523 for help to answer any questions or concerns.
IV. International Use and Compliance
Platform visitors are required to ensure that the Heirloom Platform and the use of the Platform and/or Service conforms to any laws in their area.
V. Modification of Site
Heirloom may modify, change, add to, terminate, or suspend any part or all of the Platform without notice to Platform visitors and/or users.
Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
VI. Support or Maintenance
Heirloom is not under any obligation to provide any website maintenance or customer support in regard to our Platform.
VII. Privacy & Cookie Use Policy
VIII. Rights and Ownership
The Heirloom Platform is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Our Platform is made available for use and access, not sold or licensed.
All rights, title, and interest in and to the Heirloom Platform, including without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets, and other intellectual property rights and any goodwill associated therewith are the exclusive property of Heirloom and its licensors. This includes the Platform’s design, graphics, computer code, domain name, and “look and feel.” However, this excludes any content a Platform visitor submits to the Heirloom Platform and any content imported from third- party sources.
Except as explicitly granted herein, neither Heirloom nor the Platform visitor is granted a license or other right (express, implied or otherwise) to use any trademarks, copyrights, service marks, logos, trade names, patents, trade secrets or other form of intellectual property of the other Party or its Affiliates without the express prior written authorization of the other Party.
The information provided on the Platform is informational only. All Platform visitors must accept the Platform as is. Heirloom is not liable for any promises we did not offer or intend to offer.
Platform visitors agree to defend, indemnify, and hold harmless Heirloom and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using the Service under your encouragement and/or direction; (b) a breach of these Terms; or (c) information posted on the Service by the Platform visitor.
X. Termination and Modification
Heirloom may modify, limit, suspend or terminate your access to or use of the Service at any time for any or no reason in our sole and exclusive discretion, especially if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us. Upon termination, your right to use the Service will immediately cease. We may also, at our sole and exclusive discretion, partially limit your use of the Services.
Any suspension or termination will not affect your obligations to Heirloom under these Terms and Conditions or any applicable additional terms. Upon suspension or termination of your access to the Services, or upon notice from Heirloom, all rights granted to you under these Terms and Conditions or any applicable additional terms will cease immediately, and you agree that you will immediately discontinue use of the Services. The provisions of these Terms and Conditions and any applicable additional terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Heirloom in these Terms and Conditions, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
XI. Dispute Resolution
Choice of Law. Regardless of the Platform visitor’s place of residence or where the visitor accesses or uses the Heirloom Platform from, these Terms and the visitor’s use of the Platform will be governed by and construed solely in accordance with the laws of the State of Massachusetts, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of Massachusetts.
Dispute Resolution. Any and all disputes, claims, or controversies between the Platform visitor and the Company regarding these Terms or the use of the Heirloom Platform, which are not amicably resolved, shall be settled through binding arbitration (rather than in court), administered by the American Arbitration Association (AAA), under its Commercial Arbitration Rules (which are available at www.adr.org). Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. However, the Platform visitor may lodge claims in small claims court if the visitor’s claim qualifies. The Federal Arbitration Act and federal arbitration law apply to these Terms.
Jury Trial and Class Action Waiver. Each Party waives its right to a trial by jury for claims subject to arbitration hereunder. The arbitrator may award relief only in favor of the individual Party seeking relief and only to the extent necessary to provide relief warranted by that Party’s individual claim. The arbitrator may not award special, indirect, punitive, incidental or consequential damages. PLATFORM VISITOR EXPRESSLY WAIVES THEIR RIGHT TO BRING A CLASS ACTION SUIT AND TO HAVE DISPUTES RESOLVED IN COURT BY A JUDGE OR JURY. The arbitrator may not consolidate more than one person’s or entity’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Limitation of Liability. HEIRLOOM WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DATA LOSS, DAMAGE OR COMPUTER CRASH, THE COSTS OF SUBSTITUTE EQUIPMENT AND SOFTWARE, SHUT-DOWN, COMPANY REPUTATION INFRINGEMENT, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, EVEN IF THE HEIRLOOM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Heirloom nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court or arbitration tribunal, then the provision shall be performed and enforced to the maximum extent permissible by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.