Legal Stuff

/Legal Stuff
Legal Stuff2018-10-30T13:20:59+00:00

The content and information here is for entertainment and should not be taken as professional advice. While we strive to provide accurate and helpful information, we are not professionals. The Site cannot and does not contain professional advice. The professional information is provided for general informational and educational purposes only, and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. The use or reliance of any information contained on this site is solely at your own risk. The owner of this website disclaims all warranties expressed or implied regarding the accuracy, timeliness, and completeness of the information provided.

When considering buying/selling from this website or any 3rd party websites linked always be sure to deal with people locally to avoid scams. Do not wire money in any way without first seeing the home (or other product), checking title, and doing your proper due diligence.

We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.

Copyright and Other Intellectual Property Rights; Digital Millennium Copyright Act (“DMCA”)

The Platform is protected by copyright, trademark, and other intellectual property rights and laws of the United States and other applicable countries. Users agree to honor and abide by all applicable intellectual property and other rights and laws, as well as any trademark or copyright notices or restrictions contained in the Terms. The trademarks, service marks, slogans, logos, trade dress and other identifiers (“Marks”) displayed on the Platform are the property of Tiny Life Consulting or its advertisers, Guests, Hosts, or other licensors, unless as otherwise disclosed. Users are prohibited from modifying, copying, displaying, distributing, transmitting, publishing, selling, licensing, creating derivative works from, or using any portions of the Platform or its Content for commercial or public purposes without express authorization from Tiny Life Consulting, LLC.

Subject to Users’ compliance with the Terms, Tiny Life Consulting, LLC grants Users a limited, revocable, non-exclusive, non-transferable license to access, use, display, and navigate the Platform solely for Users’ personal use.

We may display advertisements or other content from third parties on the Platform, such as banner advertisements, pop-up windows, and links to third party Platform. We are not responsible for the content of such advertisements and content, or for any products, services or other materials relating to such advertisements or content. Such
external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us.

If Users believe any Content on our Platform may violate Users’ copyright rights, please review our DMCA Notice and Procedure for Making Claims of Copyright Infringement below.

 

Publication and Distribution of Content

Tiny Life Consulting, LLC cannot and does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Platform. Users acknowledge that Tiny Life Consulting, LLC simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of user-generated Content. Users understand that all posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. Users understand that Tiny Life Consulting. LLC does not control, and is not responsible for Content made available through the Platform, and that by using the Platform, Users may be exposed to Content that is inaccurate, misleading, or offensive. Users agree that Users must evaluate and make Users’ own judgment, and bear all risks associated with, the use of any Content.

Users further acknowledge that Tiny Life Consulting, LLC has no obligation to screen, preview, monitor or approve any user-generated Content on the Platform. However, Tiny Life Consulting, LLC reserves the right to suspend, take down (whether temporarily or permanently), review, modify and/or delete any Content that, in its sole judgment, violates these Terms. By using the Platform, Users agree that it is solely USERS’ RESPONSIBILITY to evaluate Users’ risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that Users submit, receive, access, transmit or otherwise convey through the Platform. Under no circumstances will Tiny Life Consulting, LLC be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the Platform. Users waive the right to bring or assert any claim against Tiny Life Consulting, LLC relating to Content, and release Tiny Life Consulting, LLC from any and all liability for or relating to any Content. Tiny Life Consulting, LLC has no obligation to review, monitor, or remove any Content or other materials, except as required by law.

Users may, however, report Content that Users believe violates these Terms or is otherwise unlawful by sending an email to info@tinylifeconsulting.com (for copyright complaints, please see below). Please note that Users may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If Users are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.

Users agree that Tiny Life Consulting, LLC may establish practices, policies and limits, which may or may not be published, concerning the use of the Platform, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which Users may access the Platform in a given period of time. Users also agree that Tiny Life Consulting, LLC may share with other Guests and Hosts Users’ history of bookings and reservations, cancellations, and other information concerning Users’ activity on the Platform and transactions. Users agree that Tiny Life Consulting, LLC has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Platform. Users agree that Tiny Life Consulting, LLC has the right to change these practices, policies, and limits at any time, in its sole discretion, with or without notice.

Disclaimer of Warranties

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TINY LIFE CONSULTING, LLC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT USERS’ USE OF THE PLATFORM WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE PLATFORM WILL MEET USERS’ REQUIREMENTS. INFORMATION OBTAINED THROUGH THE PLATFORM HAS NOT BEEN VERIFIED, AND TINY LIFE CONSULTING, LLC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.

TINY LIFE CONSULTING, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.

We cannot control the actions or omissions of our Guests, Hosts, or other users of our Platform. As a result, all Guests, Hosts, and other users are responsible for their own actions, and assume the risk of the acts or omissions of others. In addition to the above disclaimers and other limitations of liability in these terms, Tiny Life Consulting, LLC does not warrant, and disclaims all warranties associated with and responsibility for the following:

  • The credit worthiness of Guests or Hosts
  • The condition of a Listing and whether any photos, descriptions, or other information concerning a Listing is accurate
  • The safety or security of a Listing
  • The actual identity or background of a Guest or Host
  • The acts or omissions of a Guest or a Host
  • The accuracy of a Listing or its suitability for the needs of a Guest
  • Information, software, or any functionality provided by third parties
  • Any messages to Users provided by any Host, Guest or third party
  • Any failure of the Platform to carry out a transaction, deliver messages, or reserve a Listing

Limitation of Liability; Indemnification

USERS ACKNOWLEDGE THAT USERS ARE 18 YEARS OF AGE, OR OLDER, OR THAT USERS ARE ONLY USING THE PLATFORM UNDER THE SUPERVISION OF USERS’ PARENT OR GUARDIAN. USERS ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM IS AT USERS’ SOLE RISK. USERS ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER TINY LIFE CONSULTING, LLC, NOR ANY OF OUR EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS SHALL BE LIABLE TO USERS OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF USERS’ USE OF THE PLATFORM OR INABILITY TO GAIN ACCESS TO OR USE THE PLATFORM OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF TINY LIFE CONSULTING, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. ANY CLAIMS USERS HAVE FOR DAMAGES TO USERS’ LISTING(S) OR OTHER PROPERTY DUE TO THE ACTS OR OMISSIONS OF A GUEST OR A HOST SHALL BE MADE SOLELY BY USERS AGAINST THAT GUEST OR HOST, AND USERS HEREBY IRREVOCABLY RELEASE AND DISCHARGE TRY IT TINY FROM ANY AND ALL CLAIMS AND SUITS FOR SUCH DAMAGES.

USERS’ SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH TINY LIFE CONSULTING, LLC IS TO STOP USING THE PLATFORM. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES (SUCH AS SOME TYPES OF CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES), IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, USERS AGREE THAT TINY LIFE CONSULTING, LLC’s LIABILITY TO USERS UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF AMOUNTS PAID TO USERS BY TINY LIFE CONSULTING, LLC IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM, IF ANY, OR $500.

USERS AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TINY LIFE CONSULTING, LLC FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ALL COSTS OF LEGAL PROCEEDINGS AND ATTORNEYS’ FEES, ARISING IN CONNECTION WITH USE OF THE PLATFORM BY USERS, OR IN CONNECTION WITH A VIOLATION OR BREACH OF THESE TERMS BY USERS, INCLUDING WITHOUT LIMITATION, USERS’ VIOLATION OF ANY LAWS GOVERNING COMMUNICATIONS OR INTELLECTUAL PROPERTY.

USERS ACKNOWLEDGE AND AGREE THAT ANY AND ALL LIMITATIONS ON LIABILITY AND DISCLAIMERS IN THESE TERMS, AND THE PROVISIONS OF THESE TERMS GENERALLY, REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN TINY LIFE CONSULTING, LLC AND USERS.

Other Prohibited Uses

Users may use the Platform only for lawful purposes and only for Users’ personal noncommercial use, which includes viewing and reserving Listings, purchasing products, creating a customer user account, and entering Users’ information onto the Platform’ forms. Users are responsible for any communications Users make to Tiny Life Consulting, LLC through the Platform. Tiny Life Consulting, LLC prohibits the use of our Platform for any of the following: submitting information that is false, inaccurate, or not Users’ own; sending messages in violation of applicable laws, unsolicited messages, or messages that are harmful, offensive, defamatory, obscene or otherwise objectionable in Tiny Life Consulting, LLC’s sole discretion; engaging in conduct that is illegal or would constitute a criminal offense; transmitting information that is copyrighted or otherwise owned by a third party unless Users are the copyright owner or Users have the owner’s permission to transmit it; transmitting information that infringes on another individual’s intellectual property or privacy rights; communicating information derived from the Platform to foreign nations in violation of applicable export control laws; or attempting to use the Platform to gain unauthorized access to Tiny Life Consulting, LLC’s networks or otherwise interfering with Tiny Life Consulting, LLC network security.

Applicable Law

These Terms and the relationship between Users and Tiny Life Consulting, LLC will be governed by the laws of the State of Colorado, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where Users may be located or any other jurisdiction. Users agree and consent to the exclusive jurisdiction of the state or federal courts located in Durango, Colorado and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Tiny Life Consulting, LLC may elect, in its sole discretion, to litigate the action in the county or state where any breach by Users occurred or where Users can be found. Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Users’ use of the Platform or these Terms shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

 

DMCA Notice and Procedure for Making Claims of Copyright Infringement

Tiny Life Consulting, LLC respects the intellectual property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for users of the Site and Service who are infringers.

Notifying Tiny Life Consulting, LLC of Copyright Infringement:

To provide us with notice of an infringement, Users must provide a written communication to the attention of “Site: DMCA Notification Dept.” at info@tinylifeconsulting.com that sets forth the information specified by the DMCA ( <href=”#512″>http://www.copyright.gov/title17/92chap5.html#512 ). Please note that Users may be liable for damages (including costs and attorneys’ fees) if Users materially misrepresent that an activity is infringing Users’ copyright. We will need the following information from Users:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that Users claim has been infringed;
  3. a detailed description of where the material that Users claim is infringing is located or found on the Platform;
  4. Users’ address, telephone number, and email address;
  5. a statement by Users that Users have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by Users, made under penalty of perjury, that the above information in Users’ Notice is accurate and that Users are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Providing Tiny Life Consulting, LLC with Counter-Notification:

If we remove or disable access to Content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If Users’ material has been removed and Users feel that Users’ material does not constitute infringement, Users may provide us with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at info@tinylifeconsulting.com that sets forth all of the necessary information required by the DMCA ( <href=”#512″>http://www.copyright.gov/title17/92chap5.html#512 ). Please note that Users may be liable for damages (including costs and attorneys’ fees) if Users materially misrepresent that an activity is not infringing the copyrights of others. If Users are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.