Privacy Policy, Terms & Conditions at Smoky Mountains By Owners

A Terms & Conditions Agreement includes the terms, the rules, and the guidelines of acceptable behavior, to which you must agree to in order to use or access a website and its services.

Terms & Conditions is not the same as a Privacy Policy. A Privacy Policy is used if you collect personal data that can identify an individual. Please click on Our Privacy Policy link at the bottom of the website to read more.

SMBYO.com, SmokyMountainsbyOwners.com (“SMBYO.com,” (“SmokyMountainsbyOwners.com,”) (“Us, Our, We”) owns and operates SMBYO.com andSmokyMountainsbyOwners.com (the “Site”). Please read Our Terms & Conditions (“Terms & Conditions”) carefully before using Our Site. By accessing or using Our Site, You (“You, Your”) agree to Our Terms & Conditions. By agreeing to Our Terms & Conditions, You are entering into a legally binding agreement between You and SmokyMountainsbyOwners.com.

This page informs You of Our Terms & Conditions established to use Our Site. The Terms & Conditions applies to Our Site and all products and services offered by Us.

You must be at least 18 years old to use Our Site. You must have the capacity to enter into a legally binding contract, including sound mind and competence.

SmokyMountainsbyOwners.com is a venue for owners (“Owners”) and property managers (“Property Managers”) to list their vacation rentals and for travelers (“Travelers”) to rent out the vacation rentals. We are strictly a listing website. We do not own any of the properties on Our Site. We are not a management company - We do not manage any of the properties on Our Site. We are not realtors. We are strictly an online advertisement venue advertising vacation rentals.

We are not a party to the rental agreement. Even if You use Our online booking feature, this only facilitates the booking, it does not make Us a party to the rental agreement. The rental agreement is entered into between Owners or Property Managers and Travelers.

Agreements entered into between Owners or Property Managers and Travelers are the responsibility of the Owners or Property Managers and Travelers. We have no involvement in the communications, agreements, or transactions amongst Owners or Property Managers and Travelers.

Owners’ Or Property Managers’ Responsibility: All content provided about their property, description of property, accuracy of description, photos provided, implementation of security and safety features of the property, quality and condition of the property, the truth and accuracy about their listing, and compliance with all rules, regulations, and laws applicable to their rental property.

Travelers’ Responsibility: Writing accurate reviews about the property, the truth and accuracy about the property, leaving the condition of the property the same as when they entered, not taking anything out of the property that is not theirs, not entering or using any room or feature that is off limits, complying with all rules in accordance with the listing

Us and the licensors own the content of Our Site, work product, and intellectual property rights, and are thus protected by copyright laws. You agree that all work product developed by Our Site is owned by Us and its licensors. You shall retain no ownership, interest, or rights therein.

Site content includes the descriptions and photos provided by Owners or Property Managers about their listing. You shall not copy or plagiarize any of the descriptions, reviews, or photos from a listing.

The trademarks, names, logos and service marks (collectively “Trademarks”) displayed on Our Site are registered and unregistered trademarks of Us. Nothing contained on Our Site should be construed as granting any license or right to use any trademark without the prior written permission of Us.

We may terminate Your access to Our Site immediately, without prior notice or liability, for any reason, including abuse.

You must not misuse Our Site. You will not do the following: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of Our Site; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through Our Site.

Breaching the above provision would constitute a criminal offense and We will report You to the appropriate authorities.

We will not be liable for any loss or damage caused by a distributed denial-of-service attacks, viruses, or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of Our Site, or to Your downloading of any material posted on it, or on any website linked to it.

We do not sell, trade, or otherwise transfer to outside parties Your Personal Information (“Personal Information”), except to the extent necessary to provide the service. Please review Our Privacy Policy for more information.

Occasionally, at Our discretion, We may include a link that offers 3rd party products, services, or news articles on Our Site. If You click on these links, You will be directed to that 3rd party’s site. These 3rd party sites have separate and independent terms and condition policies. We strongly advise You to review the terms and conditions of every site You visit. We have no control over, and assume no responsibility for the content, terms and conditions, or practices of any 3rd party sites or services.

We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from Our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own terms and conditions and customer service policies. Browsing and interaction on any other website, including websites which have a link to Our Site, is subject to that website's own terms and policies.

Identification of an individual is hard to validate over the internet. We do not assume any liability or responsibility for confirmation of a person’s identity. We suggest You do the following:

Call The Owner Or Property Manager:Call the Owner or Property Manager and speak with them directly. All of Our listings require that the Owner or Property Manager provide a phone number as an added security measure.

Read Guest Reviews: A feature of Our listing Site is to allow Travelers to leave reviews once they have departed the property. Owners or Property Managers can’t hide negative reviews or edit reviews.

Call Previous Guests: Ask the Owner or Property Manager to provide You with phone numbers of past guests who have agreed to be references. Ask the guests about their experience.

Owners or Property Managers can use the location map feature to show where the property is located. We are not responsible for the accuracy of property location. Location maps on the Site are through Google Maps. Please read the Google Maps terms and conditions before adding this feature to Your listing.

The Site is controlled and operated by SmokyMountainsbyOwners.com. ivacationonline.com software is vacation rental software and is available for Owners or Property Managers who wish to include the online booking feature. Please read the terms and conditions of ivacationonline.com before including it as part of Your listing.

We shall not be responsible for and disclaim all liability for the following: any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by You or any 3rd party (including Your company), as a result of or which may be attributable, directly or indirectly, to Your access and use of Our Site, any information contained on Our Site, You or Your company’s personal information or material and information transmitted over Our Site.

Neither Us nor Our Site make any warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding Our Site, this specifically includes not performing or offering any legal or realtor services or advice.

You acknowledge that You have provided accurate and truthful descriptions/photos and representations of Your property to Us for the purpose of listing it on Our Site, to the best of Your knowledge. The description and photos of Your property is accurate on the date You list Your property on Our Site. Neither Us nor Our Sitewill be held responsible for inaccurate or false information provided to Us.

You understand that We do not guarantee that Your listing will turn into a booking. You understand that Your chances are improved by having Your property listed on Our Site.

Refunds: There are no refunds and You will not be prorated any amount regardless if the following occur:

• You join Our listing site and pay for an annual plan
• Your property does not get booked
• You sell Your property
• You decide to not advertise on Our site anymore

The annual subscription rate is a set price valid for one year. The rate will not change during the subscription period. However, We do reserve the right to change the rate once Your subscription has expired or is up for renewal.

We do Our best to ensure that properties listed on Our Site are accurate representations of the description and amenities provided, and that the Owners and Property Managers are legitimate.

To help ensure that the vacation rental meets Your expectations, We suggest You do the following:

Book Your Reservation Using A Credit Card: We strongly advise that You book Your reservation using a credit card. If there is a problem with Your stay, Your credit card covers purchases and You can contact Your credit card company directly to dispute a charge. Please note that using a credit card does not necessarily protect You from disappointment or dissatisfaction. It will protect You against fraud or if the rental is unavailable for Your stay.

Call The Owner Directly: Call the Owner or Property Manager, don’t just communicate via email. Speaking to an Owner or Property Manager provides re-assurance that the Owner or Property Manager is who they say they are.

Check Out The Property In Advance: If You are able to physically inspect the property, do it! This virtually eliminates any potential misrepresentation. If You are unable to inspect the property in advance, hire a 3rd party to do so on Your behalf.

Trip Cancellation Protection: We recommend that You purchase trip cancellation protection. Click here for the link to Travel Guard Travel Insurance that We sell.

You agree to indemnify, defend and hold harmless Us, Our Site, its directors, officers, employees, consultants, agents, and affiliates, from any and all 3rd party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from Your use of Our Site or Your breach of Our Terms & Conditions.

The Terms & Conditions shall be governed and construed in accordance with the laws and jurisdiction of Cincinnati, Ohio United States.

If there is a conflict or contradiction between conflicting terms on Our Site regarding specific policies, the relevant terms will prevail.

Any provision of any relevant terms and conditions, policies and notices which is unenforceable in any jurisdiction shall be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

We have the discretion to update Our Terms & Conditions at any time. We will notify You of any changes by posting the new Terms & Conditions on Our Site. We encourage You to frequently check this page for any changes to stay informed about any new terms taking effect.

You acknowledge and agree that it is Your responsibility to review Our Terms & Conditions periodically and become aware of modifications. By continuing to access Our Site after the new Terms & Conditions become effective, You agree to be bound by the new Terms & Conditions. If You do not agree with the new Terms & Conditions, please stop using Our Site.

By using Our Site, You signify Your acceptance of Our Privacy Policy and Our Terms & Conditions. If You do not agree to Our Terms & Conditions, please do not use Our Site. Your continued use of Our Site following the posting of changes to Our Terms & Conditions will be deemed Your acceptance of those changes.

If You use the online booking option, You also agree to the terms and conditions of ivacationonline.com. Please read the terms and conditions of the ivacationonline.com website before You book a property using the online booking feature.

The above Terms & Conditions constitute the Entire Agreement between You and Our Site and supersede any and all preceding and contemporaneous agreements between You and Our Site. Any waiver of any provision of the Terms & Conditions will be effective only if in writing and signed by a Director of Our Site.

If You have any questions about Our Terms & Conditions, the practices of Our Site, or Your dealings with Our Site, please Contact Us.

EmeraldCoastByOwner.com (ECBYO) and SmokeyMountainsbyowners.com (SMBYO) offer a True Owner Verification Guarantee (“TOVG”) to customers who pay by credit card via our online platform.

The terms “you, “your” or “User” refer to the customer visiting either ECBYO or SMBYO and paying by credit card on either online platform found on the above referenced sites to rent a rental property displayed on one or both of the websites.

If you do not agree to the following terms and conditions, then you have no right to obtain reimbursement or claim any other rights under the TOVG.

We may revise TOVG at any time and in our sole discretion by amending the applicable web page on either or both websites or by publishing notices elsewhere on one or both of the websites.

To qualify for reimbursement under TOVG, you must ensure that all of the following apply:

1. The property you rented (the “Rental”) was listed on either ECBYO or SMBYO when you reserved it;
2. You paid for the Rental by credit card through an online payment platform found on ECBYO, SMBYO, or an online site to which you were immediately directed to from the ECBYO or SMBYO property listing page;
3. The person or entity listing the Rental on ECBYO or SMBYO, was neither the owner of the Rental or an agent authorized by the owner of the Rental to rent the property;
4. The Rental was unavailable and/or the owner was unwilling to let you stay at the Rental during the times you reserved;
5. You took all reasonable steps to resolve the issue with the Rental owner and/or agent authorized by the Rental owner to handle such matters;
6. You are the person who made the booking; and

1. You comply with all other requirements under TOVG.

The maximum amount you will be reimbursed under TOVG is the total amount you paid via credit card through the online payment platform referenced above.

You may not qualify for reimbursement under TOVG if you have received a chargeback from your credit card company or if you have already been reimbursed by any other third party for an amount at or above the amount of you paid for the Rental by credit card on the online platform.

To receive reimbursement you must provide us with:

1. Evidence that you have unsuccessfully attempted to claim reimbursement from the person or entity that you paid for the Rental, and
2. Evidence that you were unable to chargeback the amount you paid for the Rental from the credit card company you used to pay for the Rental.

To be eligible for reimbursement under TOVG, you must inform us of the problem no later than the first day of your rental period.

We shall complete the reimbursement investigation in a reasonable time frame and will keep you informed of any decisions or additional documentation required to determine your eligibility for reimbursement.

In our sole discretion, we shall make all decisions regarding whether you are eligible for reimbursement, and if eligible, the proper amount of reimbursement under TOVG. Our decisions shall be final and binding on you.