1. WHAT WE DO:
The Site currently provides users with the means to share information about home shares (hereinafter, the "Service"). This information is provided by people offering to provide a home share (hereinafter, the "Home Share Provider") and is accessed and used by people seeking a home share (hereinafter, the "Home Share Seeker"). Home Share Provider and Home Share Seeker are also referred to individually herein as "User". Collectively Home Share Providers and Home Share Seekers are referred to as "Users".
The Service Provider provides the Service to User "AS IS" and without assuming any responsibility for information posted on this site originated by others including, but not limited to, other Users. Refer to Section 3 for further information regarding limitations of liability associated with use of the Site.
The Service Provider reserves the right to modify or discontinue the Service at any time and shall not, in that instance, be liable to User, Users or any third party for any modification, suspension or discontinuation of the Service.
2. FEES AND COSTS:
The Users are responsible for any and all costs associated with accessing the Site including, but not limited to, ISP fees and telephone or other connectivity charges. The Site does not charge a fee to Users.
3. LIMITATIONS OF LIABILITY:
By accessing the Site, Users acknowledges and specifically agree that the Service Provider does not provide the information on the site and that all publicly posted or privately transmitted information, data, text, photographs, graphics, messages or other materials (hereinafter, the "Content") are the sole responsibility of the Users from which such Content originated. Further, Users acknowledge, represent and specifically agree that each User is entirely responsible for all Content that User uploads, downloads, posts, emails, transmits or otherwise uses or makes available via the Service or the Site. The Service Provider cannot and does not guarantee the accuracy, integrity or quality of the Content. Users understand that by using the Service, you may be exposed to offensive, indecent or objectionable Content. Users agree that the Service Provider will not be liable for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of the Service or any Content posted, e-mailed, transmitted or otherwise made available by the Service Provider and/or by the Site.
4. ASSUMPTION OF RISK:
By accessing the Site, User acknowledges and specifically agrees that User will evaluate and bear all risks associated with the use of any Content, the Service or the Site, including any reliance on the accuracy, completeness or usefulness of such Content or Service, specifically, or the Site, generally.
5. USER CONDUCT:
By accessing the Site, User acknowledges and specifically agrees that User will not use the Service or the Site for any illegal or inappropriate purpose. Further, User affirmatively represents and warrants:
The Service Provider and its designees shall have the right, but not the obligation, in its sole discretion to refuse, move or remove any Content on the Site for any reason that the Service Provider deems reasonable in its sole discretion.
Service Provider may preserve Content as it, in its sole discretion, sees fit. Service Provider may disclose any information it receives to third parties to (i) comply with legal process; (ii) enforce this TOU as may, from time to time, be amended; (iii) respond to any claims; or (iv) protect the Service Provider's rights, property or personal safety or the rights, property or personal safety of any User and the public.
The Service Provider does not undertake and hereby specifically disclaims any obligation to examine Content or disclose Content to any other person or entity for any reason.
Service Provider does not own the Content submitted by Users. However, with respect to the Content submitted by User or made available through the Service for inclusion on publicly accessible areas of the Site, you grant the Service Provider a world-wide, royalty free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content, in whole or in part, and the irrevocable right to sublicense the Content with the sublicensee having the right to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content, in whole or in part, and to incorporate such Content into other works in any format or medium now known or later developed.
Service Provider reserves the right, in its sole discretion and without any notice to Users, to establish general practices and limits concerning the use of the Site or Service including, but not limited to, practices and limits relating to the number and size of e-mails and posts sent to or originating from the Site, the length of time Content or other information will remain on the Site, the nature of what Content may be posted to the Site and when and how long Content will be retained.
7. PRIVACY, ACCESS AND SECURITY:
Users understand and specifically agree that Content may be transmitted over a number of different networks and people other than those on the Site could gain access to this information.
User may receive a password and account (hereinafter, the "User Account") to access the Site. If so, User is responsible for all activities that occur under this User Account and User agrees to protect and safeguard it against unauthorized use. Unauthorized access or use of a User Account should be reported to the Service Provider immediately. User shall be solely liable to Service Provider for any loss or damage resulting from the unauthorized access of the User's User Account for User's failure to comply with this section.
Service Provider may terminate User access to the Service or the Site or otherwise delete a User Account, with or without prior notice to User, if a) the User violates these Terms of Service; or b) the User Account remains inactive for a period of time; or c) the Service Provider determines, in its sole discretion, that termination of a User Account is in the best interest of the Service Provider or other Users.
8. INTERNATIONAL USE:
User agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which the User resides.
User agrees to indemnify and hold Service Provider and its subsidiaries, affiliates, officers, agents, co-branders, attorneys or other partners, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of Content the User submits, posts, transmits or makes available to Service Provider or through the Service to the Site.
10. COMMERCIAL USE:
User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any of the Content or services obtained through the Site or the Service.
11. DEALINGS WITH THIRD PARTIES:
User acknowledges that any contacts or dealings which the User may have with any other User or any other third party via the Service or the Site, or otherwise connected to the Service or Site, are solely between User and such third parties and the Service Provider shall not be responsible or liable for any loss or damage incurred as a result of any such dealings. The existence of a link from the Site does not imply any endorsement of that linked site.
The Service and Site may provide links to other World Wide Web sites or resources over which the Service Provider has no control. Consequently, User agrees that User is not responsible for the content or functionality of such sites.
12. PROPRIETARY RIGHTS:
User acknowledges and agrees that the Content and any software used by Service Provider, as well as the photos, graphics, text and other material appearing on the Site or through the Service are protected by copyrights, trademarks, service marks, patents or propriety rights and laws. Except as expressly authorized by Service Provider, User agrees not to modify, rent, lease, load, sell, distribute or create derivative works based on anything found at the Site or through the Service.
13. DISCLAIMER OF WARRANTIES
User expressly understands and agrees, except where prohibited by law, that:
User expressly understands and agrees that neither Service Provider, the Site nor any other User shall be liable for any direct, indirect, incidental, special, consequential or exemplar damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even is Site Provider has been advised of the possibility of such damages), resulting from:
This TOU constitutes the entire agreement between User and Service Provider and governs the User's use of the Service, superseding any prior agreement between Service Provider and User.
If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected by the provisions while the remaining provisions of the TOU remain in affect. All Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, the Site or the TOU must be filed within one (1) year after such claim or cause of action arise or be forever barred.