Terms of Service

Last updated: March 1, 2026

These Terms of Service ("Terms") govern your access to and use of the website located at www.peakstaysmokies.com (the "Site") operated by PeakStay Smokies LLC ("PeakStay," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.

1. Use of the Site

The Site is provided for informational purposes and to facilitate inquiries about PeakStay's vacation rental co-hosting services. You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit anyone else's use and enjoyment of the Site.

You agree not to: (a) use the Site in any way that violates any applicable federal, state, local, or international law or regulation; (b) transmit any unsolicited or unauthorized advertising or promotional material; (c) attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site; or (d) use any robot, spider, or other automatic device to access the Site for any purpose.

2. Informational Nature of the Site

The content on the Site, including revenue estimates, market data, and projections, is provided for general informational purposes only. Revenue estimates and projections are based on historical market data and are not guarantees of future performance. Actual results will vary based on your specific property, market conditions, amenities, pricing strategy, and other factors. Nothing on the Site constitutes a guarantee of income, occupancy rate, or nightly rate for your property.

3. Inquiry Submissions and Free Revenue Reports

When you submit an inquiry through the Site, including a request for a free revenue report, you represent that the information you provide is accurate and complete to the best of your knowledge. Submitting an inquiry does not create any obligation on your part to enter into a co-hosting agreement with PeakStay, and it does not create any obligation on PeakStay's part to accept your property into our program.

Free revenue reports are prepared based on the information you provide and publicly available market data. They are provided as a courtesy and do not constitute a binding offer, contract, or guarantee of any kind. PeakStay reserves the right to decline any property for any reason.

4. Intellectual Property

The Site and its entire contents, features, and functionality — including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof — are owned by PeakStay Smokies LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site without our prior written consent.

5. Third-Party Links

The Site may contain links to third-party websites, including Airbnb and Vrbo. These links are provided for your convenience only. We have no control over the contents of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

6. Disclaimer of Warranties

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PEAKSTAY NOR ANY PERSON ASSOCIATED WITH PEAKSTAY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER PEAKSTAY NOR ANYONE ASSOCIATED WITH PEAKSTAY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED.

7. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PEAKSTAY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE.

8. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee, in each case located in Sevier County, Tennessee.

9. Changes to These Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.

10. Contact Us

If you have questions about these Terms of Service, please contact us at:

PeakStay Smokies LLC

Gatlinburg, TN 37738

Email: [email protected]

Phone: 1-716-889-2217