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TERMS AND CONDTIONS

 

These Website Standard Terms and Conditions (these "Terms" or these "Website Standard Terms and Conditions") contained here on this webpage, shall govern your use of this website.

 

These Terms apply in full force and effect to your use of this Website and by using this Site you accept all terms and conditions in full. You must not use https://www.nyes1880suites.com, if you have any objection to any of these Website Standard Terms and Conditions.

 

Intellectual Property Rights

Other than content you own, which you may have chosen to include on this Website, Nyes 1880 Suites and/or its licensors own all rights to the intellectual property and material contained in this Website. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on https://www.nyes1880suites.com.

 

Restrictions

You are expressly and emphatically restricted from all of the following:Selling, sublicensing and/or commercializing in any way, any Website material, Using this Website in a way that is damaging, or that could be damaging to this Website, Using this Website contrary to applicable laws and regulations, or in a manner that results in, or that could result in harm to the Website, or to any person or business entity, Engaging in any data mining, data harvesting, data extracting or any other similar type activity related to this Website, or while using this Website Using this Website to engage in any type of advertising or marketing activity

 

Certain areas of this Website are restricted from access by you and Nyes 1880 Suites may further restrict access to other areas of this Website by you, at any time, at its sole discretion.

 

No warranties

Nyes 1880 Suites makes no express or implied warranties or representations of any kind with regards to this Website or the materials contained on this Website. In addition, no content contained on this Website shall be considered as providing advice to you.

 

Limitation of liability

Under no circumstances shall Nyes 1880 Suites, or any of its officers, directors and employees, be liable to you for anything resulting from or connected to your use of this Website. Nyes 1880 Suites, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability resulting from or in any way related to your use of this Website.

 

Severability

Should any provision of these Terms be found to be unenforceable or invalid under any applicable law, the unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Any such provisions shall be deleted without affecting the remaining provisions contained herein.

 

Variation of Terms

These Terms may be revised at any time Nyes 1880 Suites sees fit, and you are expected to review such terms on a regular basis to ensure your understanding of all terms and conditions governing use of this Website.revise the updated date at the bottom of this page. By using this Website you are acknowledging your responsibility to do so.

 

Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Nyes 1880 Suites and you with regards to your use of this Website, and replace all prior agreements and understandings with respect to the same.

 

Governing Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of United States of America, and you submit to the nonexclusive jurisdiction of the courts located in United States of America for the resolution of any disputes.

 

TERMS OF SERVICE RENTAL AGREEMENT

 

1. The Parties

 

This agreement created this "See" Booking Invoice "e.g." https://nyes1880suites.checkfront.com/booking/index/ between you the tenant Hereinafter referred to as "Tenant", and Nyes 1880 Suites L.L.C. of 650 Main Street Deadwood, SD 57732 Hereinafter referred to as "Nyes 1880 Suites L.L.C.".

 

2. The Property

 

Property Location: 650 Main Street Deadwood, SD 57732

 

3. Period and Guests

 

Total people in renting party consists "See" Booking Invoice "e.g." https://nyes1880suites.checkfront.com/booking/index/ not to exceed 8 Tenants and Tenants' Guests.

 

Rental period begins at start of reservation and ends at end of reservation "See" Booking Invoice "e.g." https://nyes1880suites.checkfront.com/booking/index/

 

4. Rental Amount

 

Total rental amount for the period is per night. "See" Booking Invoice "e.g." https://nyes1880suites.checkfront.com/booking/index/

 

5. Fees, Taxes, and Deposit

 

"See" Booking Invoice "e.g." https://nyes1880suites.checkfront.com/booking/index/

 

6. Termination

 

Representatives or employees on behalf of Nyes 1880 Suites L.L.C. has the right to inspect the premises with prior notice as stated with the applicable State laws. Should the Tenant violate any of the terms of this agreement, the rental period shall be terminated immediately in accordance with State law. The Tenants waive all rights to process if they fail to vacate the premises upon termination of the rental period. The Tenants shall vacate the premises at the expiration time and date of this agreement.

 

7. Phone Calls

 

Long distance phone calls shall be billed to the Tenant and deducted from their Security Deposit at the end of the rental period.

 

8. Maintenance and Repairs

 

The Tenants shall maintain the premises in a good, clean, and ready to rent condition, and use the premises only in a careful and lawful manner. The tenants shall leave the premises in a ready to rent condition at the expiration of the rental agreement, defined by Nyes 1880 Suites L.L.C. as being immediately habitable by the next tenants. Tenants shall pay for maintenance and repairs should the premises be left in a lesser condition. The tenants agree that Nyes 1880 Suites L.L.C. shall deduct costs of said services from the security deposit prior to refund if tenants cause damage to the premises or its furnishings.

 

9. Trash

 

The Tenants shall dispose of all waste material generated during the rental period in the appropriate waste basket.

 

10. Pets

 

No animals or pets of any kind will be brought onto the premises.

 

11. Subletting

 

The Tenant shall not have the right to sublet the property.

 

12. Quiet Enjoyment

 

The Tenants shall behave in a civilized manner and shall be good neighbors respecting the rights of the surrounding property owners. The Tenants shall not create noise or disturbances likely to disturb or annoy the surrounding property owners. Creating a disturbance of the above nature shall be grounds for immediate termination of this agreement and Tenants shall then immediately vacate the premises. Quiet hour starts at 2:00 AM where in/outdoor noise should be kept to a minimum.

 

13. Smoking

 

Smoking is not allowed inside the building "see" SL 2009, ch 171, § 1, approved eff. Nov. 10, 2010.

 

"e.g."http://www.sdlegislature.gov/Statutes/Codified_Law...

 

14. Essentials

 

Nyes 1880 Suites L.L.C. shall provide the following to the Tenant:

 

e.g. towels, linens, cups, knives, forks, spoons, dishes, etc.

 

15. Balcony

 

No items that can cause damage, injury or death "e.g."glass containers, plates, cups, etc. Any object and or item deemed a danger to persons or property when dropped from a distance, are strictly prohibited on the balcony.

 

No climbing and or sitting on balcony rail (railings).

 

Occupancy of balcony shall not exceed the allowed amount of Tenants and Tenants' Guests.

 

Tenants and Tenants' Guests are not allowed pass the private chain barrier.

 

Disobeying Balcony guidelines shall be grounds for immediate termination of this agreement Tenants and Tenants' Guests shall then immediately vacate the premises.

 

Use of the Balcony steps attached to the building by Tenants and Tenants' Guests do so at their own personal risk. The Tenant takes responsibility for conveying this information to Tenants' Guests.

 

16. Nyes 1880 Suites L.L.C.'s Liability

 

The Tenants and Tenants' Guests shall hereby indemnify and hold harmless Nyes 1880 Suites L.L.C. against any and all claims of personal injury or property damage or loss arising from use of the premises regardless of the nature of the accident, injury or loss. Tenants expressly recognize that any insurance for property damage or loss which the Nyes 1880 Suites L.L.C. may maintain on the property does not cover the personal property of Tenants, and that Tenants should purchase their own insurance for Tenants and Guests if such coverage is desired.

 

17. Rental Deposit

 

Amount is fully refundable up to two days prior to the beginning of the rental period. After said period prior to the rental start date the Nyes 1880 Suites L.L.C. shall have the right to retain the initial Rental Deposit at the Nyes 1880 Suites L.L.C.'s discretion.

 

18. Attorney's Fees

 

Tenants agree to pay all reasonable costs, attorney's fees and expenses that shall be made or incurred by Nyes 1880 Suites L.L.C. enforcing this agreement.

 

19. Use of Property

 

Tenants expressly acknowledge and agree that this Agreement is for transient occupancy of the Property, and that Tenants do not intend to make the property a residence or household.

 

20. Shortened Stays and Conditions

 

There shall be no refunds of rents due to shortened stays or ruined expectations because of weather conditions.

 

21. Firearms

 

Only legally owned and permitted firearms shall be allowed on the premises according to State and local laws.

 

22. Fireworks

 

Tenant agrees that Fireworks and other hazardous materials shall not be used in or around the property.

 

23. Illegal Use

 

Tenant shall use the property for legal purposes only and other use, such as but not limited to, illegal drug use, abuse of any person, harboring fugitives, etc. shall cause termination of this agreement with no refund of rents or deposits.

 

24. Fire Alarms

 

If the property has fire alarms the Tenant must notify Nyes 1880 Suites L.L.C. employees or representatives without delay if a fire alarm "chirps" or has a low battery condition.

 

25. Possessions

 

Valuable items left behind by tenant will be held for the tenant and every reasonable effort will be made to contact the tenant for return. If items are not claimed for longer than 6 months they shall become the property of the Nyes 1880 Suites L.L.C.. Nyes 1880 Suites L.L.C. shall not be held liable for condition of said items.

 

26. Cable TV

 

Cable TV is provided and service level has been chosen by Nyes 1880 Suites L.L.C.. No refund of rents shall be given for outages, content, lack of content, or personal preferences with regard to cable TV service.

 

27. Internet

 

High speed wireless internet is provided as a convince only and is not integral to the agreement. No refund of rents shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to internet service.

 

Use of the internet by Tenants and Tenants' Guests of Nyes 1880 Suites L.L.C. is permitted.

 

However, Nyes 1880 Suites L.L.C. has a policy for the use of the internet whereby Tenant must ensure that they:

 

comply with current legislation

use the internet in an acceptable way

Unacceptable behavior

 

In particular the following is deemed unacceptable use or behavior by Tenant:

 

visiting internet sites that contain obscene, hateful or otherwise illegal material

using the computer to perpetrate any form of fraud, or software, film or music piracy

using the internet to send offensive or harassing material to other users

downloading commercial software or any copyrighted materials belonging to third parties, unless this download is covered or permitted under a commercial agreement or other such licence

hacking into unauthorised areas

publishing defamatory and/or knowingly false material about Nyes 1880 Suites L.L.C., on social networking sites, 'blogs' (online journals), 'wikis' and any online publishing format

revealing confidential information about Nyes 1880 Suites L.L.C. in a personal online posting, upload or transmission - including financial information and information relating to our customers, business policies, staff

undertaking deliberate activities that waste staff effort or networked resources

introducing any form of malicious software into the network

Monitoring

 

All of Nyes 1880 Suites L.L.C. internet-related resources are provided for legal purposes. Therefore, Nyes 1880 Suites L.L.C. maintains the right to monitor the volume of internet and network traffic, together with the internet sites visited.

 

Agreement

 

Tenants that have been granted the right to use Nyes 1880 Suites L.L.C.'s internet access are required to agree to this agreement confirming Tenant's understanding and acceptance of this policy.

 

28. Check In / Check out - Fees associated with returning property and late checkout

 

Check in is 3 pm MST - Check out is 1 pm MST. Late checkout fee is $50.00 within a half hour past your checkout time. If you are not vacated by the half hour grace period you will be charged a full night. Tenant will be charged no less then a $600.00 fee for re-keying $100.00 for replacement of parking pass.

 

29. Manager/Nyes 1880 Suites L.L.C. Contact

 

Nyes 1880 Suites L.L.C./Manager's Name: Russel Hawthorne

 

Nyes 1880 Suites L.L.C./Manager's Telephone: 605-644-6296

 

Nyes 1880 Suites L.L.C./Manager's E-Mail: russel@nyes1880suites.com

 

30. Governing Law

 

This agreement is governed under the laws of South Dakota and specifically the State Statutes known as

S.D. Codified Laws Ann. §§ 43-32-1 to 43-32-30 - Lease of Real Property

S.D. Codified Laws Ann. §§ 15-2-1 to 15-2-36 - Limitation of Actions

S.D. Codified Laws Ann. §§ 21-16-1 to 21-16-12 - Forcible Entry and Detainer

"e.g." http://sdlegislature.gov/Statutes/Codified_Laws/

 

31. Other Agreements

 

In addition to the language stated in this agreement the parties, Nyes 1880 Suites L.L.C. and Tenant, agree to the following: "See" Booking Invoice "e.g." https://nyes1880suites.checkfront.com/booking/index/

 

Nyes 1880 Suites L.L.C. and Tenant agree to the above conditions on date "See" Booking Invoice "e.g." https://nyes1880suites.checkfront.com/booking/index/ and hereby swear that the information provided is accurate and true:

 

Tenant's Signature "See" I have read and agreed to the Terms of Service. "e.g." https://nyes1880suites.checkfront.com/reserve/create

By accepting "I have read and agreed to the Terms", you hereby acknowledge and agree this is your legal binding signature.

 

Nyes 1880 Suites L.L.C.'s Authorized Representative Signature

 

Dale Berg

Owner

 

Date "See" Booking Invoice "e.g." https://nyes1880suites.checkfront.com/booking/index/