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Terms of Service

Last Updated: 2017, July 18

Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the HouseStay Platform, you agree to comply with and be bound by these Terms of Service. Please note: These Terms of Service contains an arbitration clause and class action waiver that applies to all HouseStay Members. If you reside in the United States, this provision applies to all disputes with HouseStay. If you reside outside of the United States, this provision applies to any action you bring against HouseStay in the United States. It affects how disputes with HouseStay are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully. These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and HouseStay (as defined below) governing your access to and use of the HouseStay website, including any subdomains thereof, and any other websites through which HouseStay makes the HouseStay Services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "HouseStay Services"). The Site, Application and HouseStay Services together are hereinafter collectively referred to as the “HouseStay Platform”. Our Booking Terms, Cancellation Policy, and other Policies applicable to your use of the HouseStay Platform are incorporated by reference into this Agreement. HouseStay.com . (hereafter referred to as "HouseStay", "we", "us", or "our") provides an online platform that connects hosts who have accommodations to rent with Tenants seeking to rent such accommodations (collectively, the “Services”), which Services are accessible at https://www.housestay.com and any other websites through which HouseStay makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”). By using the Site and Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and HouseStay. Please read carefully these Terms and our Privacy Policy, which may be found at https://www.housestay.com/legal/terms-of-service, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties. The site, application and services comprise an online platform through which hosts (defined below) may create listings (defined below) for accommodations (defined below) and Tenants (defined below) may learn about and book accommodations. You understand and agree that housestay is not a party to any agreements entered into between hosts and Tenants, nor is housestay a real estate broker, agent or insurer. Housestay has no control over the conduct of hosts, Tenants and other users of the site, application and services or any accommodations, and disclaims all liability in this regard.

Key Terms

“HouseStay Content” means all Content that HouseStay makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content. “Collective Content” means Member Content and HouseStay Content. “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. “Tenant or Tenant” means a Member who requests a booking of an Accommodation via the Site, Application, Agent or Services, or a Member who stays at an Accommodation and is not the Host for such Accommodation. “Host” means a Member who creates a Listing via the Site, Application and Services. “Listing” means an Accommodation that is listed by a Host as available for rental via the Site, Application, and Services. “Member” means a person who completes HouseStay’s account registration process, including, but not limited to Hosts and Tenants, as described under “Account Registration” below. “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services. “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content. You acknowledge and agree that, by accessing or using the site, application or services or by downloading or posting any content from or on the site, via the application or through the services, or by participating in the referral program, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have registered with the site and application. If you do not agree to these terms, then you have no right to access or use the site, application, services, or collective content or to participate in the referral program. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification of Terms

HouseStay reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older. How the Site, Application and Services Work The Site, Application and Services can be used to facilitate the listing and booking of residential and other properties (“Accommodations”). Such Accommodations are included in Listings on the Site, Application and Services by Hosts. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Accommodation or create a Listing, you must first register to create an HouseStay Account (defined below). As stated above, HouseStay makes available a platform or marketplace with related technology for Tenants and Hosts to meet online and arrange for bookings of Accommodations. HouseStay is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations and HouseStay does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel services. HouseStay’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited agent of each Host for the purpose of accepting payments from Tenants on behalf of the Host. Please note that, as stated above, the site, application and services are intended to be used to facilitate the booking of accommodations. Housestay cannot and does not control the content contained in any listings and the condition, legality or suitability of any accommodations. Housestay is not responsible for and disclaims any and all liability related to any and all listings and accommodations. Accordingly, any bookings will be made at the Tenant’s own risk.

Account Registration

You must register an account ("HouseStay Account") to access and use certain features of the HouseStay Platform, such as Listing a property or booking a Listing. If you are registering a HouseStay Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms. You can register a HouseStay Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your HouseStay Account and your SNS Account at any time, by accessing the "Profile" section of the HouseStay Platform. You must provide accurate, current and complete information during the registration process and keep your HouseStay Account and public HouseStay Account profile page information up-to-date at all times. You may not register more than one (1) HouseStay Account unless HouseStay authorizes you to do so. You may not assign or otherwise transfer your HouseStay Account to another party. You are responsible for maintaining the confidentiality and security of your HouseStay Account credentials and may not disclose your credentials to any third party. You must immediately notify HouseStay if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your HouseStay Account. You are liable for any and all activities conducted through your HouseStay Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). HouseStay may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your HouseStay Account. For example, we may allow Members associated with an Enterprise (as defined in our Privacy Policy) to book for other Members, or we may allow Hosts to add other Members as Co-Hosts (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by HouseStay to ask for your credentials, and you shall not request the credentials of another Member.

Content

HouseStay may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the HouseStay Platform ("Member Content"); and (ii) access and view Member Content and any content that HouseStay itself makes available on or through the HouseStay Platform, including proprietary HouseStay content and any content licensed or authorized for use by or through HouseStay from a third party ("HouseStay Content" and together with Member Content, "Collective Content"). The HouseStay Platform, HouseStay Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the HouseStay Platform and HouseStay Content, including all associated intellectual property rights, are the exclusive property of HouseStay and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the HouseStay Platform, HouseStay Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of HouseStay used on or in connection with the HouseStay Platform and HouseStay Content are trademarks or registered trademarks of HouseStay in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the HouseStay Platform, HouseStay Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the HouseStay Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by HouseStay or its licensors, except for the licenses and rights expressly granted in these Terms. Subject to your compliance with these Terms, HouseStay grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the HouseStay Platform and accessible to you, solely for your personal and non-commercial use. By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the HouseStay Platform, you grant to HouseStay a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the HouseStay Platform, in any media or platform. Unless you provide specific consent, HouseStay does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content. HouseStay may offer Hosts the option of having professional photographers take photographs or create videos, of their Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words "HouseStay.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the HouseStay Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your HouseStay Account is terminated or suspended for any reason. You acknowledge and agree that HouseStay shall have the right to use any Verified Images in advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where HouseStay is not the exclusive owner of Verified Images, by using such Verified Images on or through the HouseStay Platform, you grant to HouseStay an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. HouseStay in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the HouseStay Platform solely for your personal and non-commercial use. You are solely responsible for all Member Content that you make available on or through the HouseStay Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the HouseStay Platform or you have all rights, licenses, consents and releases that are necessary to grant to HouseStay the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or HouseStay's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates HouseStay’s Content Policy or any other HouseStay policy. HouseStay may, without prior notice, remove or disable access to any Member Content that HouseStay finds to be in violation of these Terms or HouseStay’s then-current Policies or Standards, or otherwise may be harmful or objectionable to HouseStay, its Members, third parties, or property. HouseStay respects copyright law and expects its Members to do the same. If you believe that any content on the HouseStay Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy. We will help create your HouseStay Account and your HouseStay Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active HouseStay Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. HouseStay reserves the right to suspend or terminate your HouseStay Account and your access to the Site, Application and Services if you create more than one (1) HouseStay Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your HouseStay Account, whether or not you have authorized such activities or actions. You will immediately notify HouseStay of any unauthorized use of your HouseStay Account. HouseStay may charge fees to Hosts ("Host Fees") and/or Tenants ("Tenant Fees") (collectively, "Service Fees") in consideration for the use of the HouseStay Platform. For more information about Service, please visit the Help Center. Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Tenant prior to publishing or booking a Listing. HouseStay reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective. You are responsible for paying any Service Fees that you owe to HouseStay. The applicable Service Fees are due and payable and collected by HouseStay Payments pursuant to the Payments Terms, referenced in the lease. Except as otherwise provided on the HouseStay Platform, Service Fees are non-refundable.

Accommodation Listings

As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, availability of the Accommodation and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Accommodations must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Accommodation via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Tenant requests a booking of your Accommodation, the price for such booking may not be altered. You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Tenant stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that HouseStay assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations. HouseStay reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that HouseStay, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services. You understand and agree that HouseStay does not act as an insurer or as a contracting agent for you as a Host. Notwithstanding the foregoing, HouseStay serves as the limited authorized agent of the Host for the purpose of accepting payments from Tenants on behalf of the Host and is responsible for transmitting such payments to the Host. When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Accommodation, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Accommodation. Any Member wishing to book Accommodations included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Hosting” section of the Site, Application and Services. If you are a Host, HouseStay makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Accommodation. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Tenant (and the individuals the Tenant invites to the Accommodation, if applicable.) HouseStay recommends that Hosts obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Tenants (and the individuals the Tenant invites to the Accommodation, if applicable) while at your Accommodation.

No Endorsement

HouseStay does not endorse any Members or any Accommodations. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. Except as provided in the HouseStay Host Guarantee Terms of Service (“HouseStay Host Guarantee”), which is an agreement between HouseStay and Hosts, we will not be responsible for any damage or harm resulting from your interactions with other Members. (Please see HouseStay’s Host Guarantee Terms of Service at https://www.housestay.com/legal/terms-of-service for information about the HouseStay Host Guarantee.) By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from HouseStay with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Host against HouseStay regarding the remittance of payments received from a Tenant by HouseStay on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

Bookings and Financial Terms

Bookings and Financial Terms for Hosts

If you are a Host and a booking is requested for your Accommodation via the Site, Application, Agent and / or Services, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by HouseStay in its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Tenant who has requested the booking, (ii) a link to the Tenant’s HouseStay Account profile page, (iii) the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the Tenant on such SNS, and (iv) an indication that the name that the Tenant provided to HouseStay when the Tenant became a Member matches the name that the Tenant provided to the SNSs to which the Tenant has linked his or her HouseStay Account, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of an Accommodation within such 24 hour period, any amounts collected by HouseStay for the requested booking will be refunded to the applicable Tenant’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Tenant, HouseStay will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services. Once a booking request is accepted by a Host (whether online or via email approval), the Host will be contractually obligated to honor the acceptance and may be required to sign a lease to highlight more specific terms of the agreement. The fees displayed in each Listing are comprised of the Accommodation Fees (defined below) and the Service Fees (defined below.) Where applicable, Taxes may be charged in addition to the Accommodation Fees and Tenant Fees. The Accommodation Fees, the Service Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Tenant solely relating to a Host’s Accommodation are the “Accommodation Fees”. Please note that it is the Host and not HouseStay which determines the Accommodation Fees. The Accommodation Fee may include a cleaning fee, at the Host’s discretion. HouseStay charges a Service Fee fee to Tenants based upon a percentage of applicable Accommodation Fees which are the “Service Fees”. The Service Fees are added to the Accommodation Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. HouseStay will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking within 24 hours of the booking request) and will initiate payment of the Accommodation Fees (less HouseStay’s Host Fees (defined below)) to the Host within 24 hours of when the Tenant arrives at the applicable Accommodation (except to the extent that a refund is due to the Tenant).

Appointment of HouseStay as Payment Agent for Host

Each Host hereby appoints HouseStay as the Host’s limited agent solely for the purpose of collecting payments made by Tenants on behalf of the Host. Each Host agrees that payment made by a Tenant to HouseStay shall be considered the same as a payment made directly to the Host and the Host will make the Accommodation available to Tenant in the agreed upon manner as if the Host has received the Accommodation Fees. Each Host agrees that, HouseStay may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Tenant to cancel the booking and (ii) refund to the Tenant that portion of the Accommodation Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Host, HouseStay assumes no liability for any acts or omissions of the Host. Please note that HouseStay does not currently charge fees for the creation of Listings. However, you acknowledge and agree that HouseStay reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that HouseStay will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.

Bookings and Financial Terms for Tenants

The Hosts, not HouseStay, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site, Application and / or its agents. If you, as a Tenant, choose to enter into a transaction with a Host for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with HouseStay and the Host, and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host. You acknowledge and agree that you, and not HouseStay, will be responsible for performing the obligations of any such agreements and that, with the exception of its payment obligations hereunder, HouseStay disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that HouseStay is not a party to the agreement between you and the Host, HouseStay acts as the Host’s payment agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of amounts to HouseStay which are due to the Host, your payment obligation to the Host for such amounts is extinguished, and HouseStay is responsible for remitting such amounts, less HouseStay’s Host Fees, to the Host. In the event that HouseStay does not remit any such amounts to a Host, such Host will have recourse only against HouseStay. Listings for Accommodations will specify the Total Fees. As noted above, the Host is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by HouseStay in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by HouseStay will be refunded to such Tenant, depending on the selections the Tenant makes via the Site and Application, and any pre-authorization of such Tenant’s credit card will be released, if applicable. You agree to pay HouseStay for the Total Fees for any booking requested in connection with your HouseStay Account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that HouseStay, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting ( e.g. one euro or one British pound) to verify your credit card. Once HouseStay receives confirmation of your booking from the applicable Host, HouseStay will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that HouseStay cannot control any fees that may be charged to a Tenant by his or her bank related to HouseStay’s collection of the Total Fees, and HouseStay disclaims all liability in this regard. In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to HouseStay or its third party payment processor. You agree to pay HouseStay for any confirmed bookings made in connection with your HouseStay Account in accordance with these Terms by one of the methods described on the Site or Application – e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by HouseStay or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Application. You also authorize HouseStay to charge your credit card in the event of damage caused at an Accommodation as contemplated under “Damage to Accommodations” below and for Security Deposits, if applicable. If you are directed to HouseStay’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Security Deposits

Hosts may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. If a Security Deposit is included in a Listing for a confirmed booking of Accommodation, HouseStay will, in its capacity as the payment agent of the Host, use its commercially reasonable efforts to obtain a pre-authorization of the Tenant’s credit card or secue (via alternative payment options) in the amount the Host determines for the Security Deposit within a reasonable time prior to the Tenant’s check-in at the applicable Host’s Accommodation. HouseStay does not remit security deposits to its hosts, unless the host sends in a written claim with evidence of damage to property and or household goods or furniture. HouseStay will also use its commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but HouseStay is not legally responsible for administering or accepting any claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard. All or any portion of the Security Deposit may be used, as reasonably necessary, to: (i) cure Tenant's default in payment of Rent (which includes Late Charges, cancellation fees or other sums or fees due); (ii) repair damage caused by Tenant or by a Tenant or licensee of Tenant or by a pet; (iii) clean the Premises at Host's discretion, upon termination of the tenancy; and (iv) replace or repair furniture, personal property or appurtenances.

Service Fees

In consideration for providing the Services, HouseStay collects Host fees from Hosts (“Service Fees”). Where applicable, Taxes may also be charged in addition to the Service Fees. Service Fees are deducted from the Accommodation Fees before remitting the Accommodation Fees to the Host, within 24 hours of when the Tenant arrives at the applicable Accommodation. Tenant Fees are, as noted above, included in the Total Fees. Balances will be remitted by HouseStay to Hosts via check, PayPal, direct deposit or other payment methods described on the Site or via the Application, in the Host’s currency of choice, depending upon the selections the Host makes via the Site, Application and Services. Please note that for any payments by HouseStay in currencies other than U.S. dollars, HouseStay may deduct foreign currency processing costs from such payments. More information on foreign currency processing cost deductions will be available via the Site and Application. Except as otherwise provided herein, Service Fees are non-refundable.

General Booking and Financial Terms

Recurring Payments

In some instances, Tenants may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before beginning his or her stay at the applicable Accommodation (collectively, “Recurring Payments”). More information on Recurring Payments will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to your payment obligations for Total Fees owed for a confirmed booking, you authorize HouseStay, on behalf of the Host, to collect the Total Fees in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site, Application and Services.

Donations

Some Hosts may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site, Application and Services to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the Host does in fact make the donation he or she pledged to make.

Taxes

IRS regulation, regarding federal tax reporting requirements, stipulates that HouseStay must collect IRS Form W-9 from all property owners in the United States. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. HouseStay cannot and does not offer Tax-related advice to any Members of the Site, Application and Services. Additionally, please note that each Host is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Where applicable, or based upon request from a Host, HouseStay may issue a valid VAT invoice to such Host.

Foreign Currency

As part of the Services, HouseStay provides a feature through which Members may view Total Fees for various Listings in foreign currencies. You understand and agree that these views of Total Fees are for informational purposes only and are not the official Total Fees for the Listings. If you (as a Tenant) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Total Fees, if your booking is confirmed by a Host. The currency in which you will be charged will be determined by HouseStay based on the payment method you select and the location of the Accommodation in the Listing you are booking. If the currency in which you will be charged is different from the currency chosen by the Host to receive payment, HouseStay will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that HouseStay has uploaded to the Site as of the date and time that your booking is confirmed (the “Applicable Exchange Rate”). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) although HouseStay updates the Applicable Exchange Rate on a regular basis, it does not update such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate. For the avoidance of doubt, HouseStay will retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate between the date your booking is confirmed and the date HouseStay makes payment to a Host.

Damage to Accommodations

As a Tenant, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Tenant, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Accommodation. In the event that a Host claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your HouseStay Account. HouseStay also reserves the right to charge the credit card on file in your HouseStay Account, or otherwise collect payment from you and pursue any avenues available to HouseStay in this regard, including using Security Deposits, in situations in which you have been determined, in HouseStay’s sole discretion, to have damaged any Accommodation, including, but not limited to, in relation to any payment requests made by Hosts under the HouseStay Host Guarantee, and in relation to any payments made by HouseStay to Hosts. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to the applicable Host or to HouseStay (if applicable). Both Tenants and Hosts agree to cooperate with and assist HouseStay in good faith, and to provide HouseStay with such information and take such actions as may be reasonably requested by HouseStay, in connection with any complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the HouseStay Host Guarantee) or with respect to any investigation undertaken by HouseStay or a representative of HouseStay regarding use or abuse of the Site, Application or the Services. If you are a Tenant, upon HouseStay’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by HouseStay or a third party selected by HouseStay, with respect to losses for which the Host is requesting payment from HouseStay under the HouseStay Host Guarantee. If you are a Tenant, you understand and agree that HouseStay reserves the right, in its sole discretion, to make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for to an Accommodation or any personal or other property located at an Accommodation (including amounts paid by HouseStay under the HouseStay Host Guarantee.) You agree to cooperate with and assist HouseStay in good faith, and to provide HouseStay with such information as may be reasonably requested by HouseStay in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as HouseStay may reasonably request to assist HouseStay in accomplishing the foregoing.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not. Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations.Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content.Use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms.Copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms.Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights.Interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.Use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers.Use our Site, Application or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence."Stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an HouseStay Tenant or Host.Offer, as a Host, any Accommodations that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Accommodations as a Host if you are serving in the capacity of a rental agent or listing agent for a third party).Offer, as a Host, any Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement.Register for more than one HouseStay Account or register for an HouseStay Account on behalf of an individual other than yourself. Contact a Host for any purpose other than asking a question related to a booking, such Host’s Accommodations or Listings. Contact a Tenant for any purpose other than asking a question related to a booking or such Tenant’s use of the Site, Application and Services.When acting as a Tenant or otherwise, recruit or otherwise solicit any Host or other Member to join third party services or websites that are competitive to HouseStay, without HouseStay’s prior written approval.Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.Use automated scripts to collect information or otherwise interact with the Site, Application or Services.Use the Site, Application and Services to find a Host or Tenant and then complete a booking of an Accommodation transactionindependent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to HouseStay’s provision of the Services. As a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor Or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances. Systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise. Use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, HouseStay’s name, any HouseStay trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without HouseStay’s express written consent. Access, tamper with, or use non-public areas of the Site or Application, HouseStay’s computer systems, or the technical delivery systems of HouseStay’s providers. attempt to probe, scan, or test the vulnerability of any HouseStay system or network or breach any security or authentication measures. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by HouseStay or any of HouseStay’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing. HouseStay will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. HouseStay may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that HouseStay has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. HouseStay reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that HouseStay, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

Privacy

See HouseStay’s Privacy Policy at https://www.housestay.com/legal/privacy-policy and for information and notices concerning HouseStay’s collection and use of your personal information.

Ownership

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of HouseStay and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. HouseStay Travel Credits expire one (1) year from the date that any HouseStay Travel Credits are last accrued in your HouseStay Account. HouseStay will notify you at the email address you provided during Account registration within thirty (30) days of when the HouseStay Travel Credits in your HouseStay Account are scheduled to expire. If for some reason you believe that there is a discrepancy regarding your balance of HouseStay Travel Credits, please contact us at support@housestay.com HouseStay may require to you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at HouseStay’s sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of HouseStay Travel Credits. Where applicable, HouseStay may be required to account for VAT on any services for which the HouseStay Travel Credits are redeemed. Without limiting any other terms of these Terms and subject to applicable law, all HouseStay Travel Credits are forfeited if your HouseStay Account is terminated or suspended for any reason, in HouseStay’s sole discretion, or if HouseStay discontinues providing the Site, Application, Services or the Referral Program.

Application License

Subject to your compliance with these Terms, HouseStay grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. HouseStay reserves all rights in the Application not expressly granted to you by these Terms.

HouseStay Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, HouseStay grants you a limited, non-exclusive, non-transferable license, to (i) access and view any HouseStay Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by HouseStay or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to HouseStay a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services. HouseStay does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to HouseStay the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or HouseStay’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Links

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that HouseStay is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by HouseStay of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources. Some portions of the HouseStay Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use, located at, https://www.google.com/intl/en_us/help/terms_maps/.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of HouseStay used herein are trademarks or registered trademarks of HouseStay. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by visiting the Help Center. You acknowledge and agree that all Feedback will be the sole and exclusive property of HouseStay and you hereby irrevocably assign to HouseStay and agree to irrevocably assign to HouseStay all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At HouseStay’s request and expense, you will execute documents and take such further acts as HouseStay may reasonably request to assist HouseStay to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Policy

HouseStay respects copyright law and expects its users to do the same. It is HouseStay’s policy to terminate in appropriate circumstances the HouseStay Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see HouseStay’s Copyright Policy at https://www.housestay.com/legal/terms-of-service for further information.

Termination and HouseStay Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your HouseStay Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event HouseStay terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your HouseStay Account you will remain liable for all amounts due hereunder. You may cancel your HouseStay Account at any time via the “Cancel Account” feature of the Services or by sending an email to support@housestay.com. Please note that if your HouseStay Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.

Disclaimers

If you choose to use the site, application, services and participate in the referral program, you do so at your sole risk. You acknowledge and agree that housestay does not have an obligation to conduct background checks on any member, including, but not limited to, tenants and hosts, but may conduct such background checks in its sole discretion. the site, application, services, collective content and referral program are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, housestay explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Housestay makes no warranty that the site, application, services, collective content, including, but not limited to, the listings or any accommodations, or the referral program will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Housestay makes no warranty regarding the quality of any listings, accommodations, your accrual of housestay travel credits, the services or collective content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the site, application, services or referral program. No advice or information, whether oral or written, obtained from housestay or through the site, application, services or collective content, will create any warranty not expressly made herein. you are solely responsible for all of your communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services, including, but not limited to, any hosts or tenants. You understand that housestay does not make any attempt to verify the statements of users of the site, application or services or to review or visit any accommodations. Housestay makes no representations or warranties as to the conduct of users of the site, application or services or their compatibility with any current or future users of the site, application or services. You agree to take reasonable precautions in all communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services, including, but not limited to, Tenants and hosts, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by housestay. Notwithstanding housestay’s appointment as the limited agent of the hosts for the purpose of accepting payments from Tenants on behalf of the hosts, housestay explicitly disclaims all liability for any act or omission of any Tenant or other third party.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, application, services and collective content, your listing or booking of any accommodations via the site, application and services, your participation in the referral program, and any contact you have with other users of housestay whether in person or online remains with you. Neither housestay nor any other party involved in creating, producing, or delivering the site, application, services, collective content or the referral program will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the site, application, services or collective content, from any communications, interactions or meetings with other users of the site, application, or services or other persons with whom you communicate or interact as a result of your use of the site, application, services, or your participation in the referral program or from your listing or booking of any accommodation via the site, application and services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not housestay has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. except for our obligations to pay amounts to applicable hosts pursuant to these terms or an approved payment request under the housestay host guarantee, in no event will housestay’s aggregate liability arising out of or in connection with these terms and your use of the site, application and services including, but not limited to, from your listing or booking of any accommodation via the site, application and services, or from the use of or inability to use the site, application, services, or collective content or your participation in the referral program and in connection with any accommodation or interactions with any other members, exceed the amounts you have paid or owe for bookings via the site, application and services as a Tenant in the twelve (12) month period prior to the event giving rise to the liability, or if you are a host, the amounts paid by housestay to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HOUSESTAY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to release, defend, indemnify, and hold HouseStay and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Booking of an Accommodation, or (iii) creation of a Listing; (d) the use, condition or Booking of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Booking or use of an Accommodation; and (e) your participation in the Referral Program.

Controlling Law and Jurisdiction

These Terms and your use of the Services will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Los Angeles County, Los Angeles, California or a United States District Court, Southern District of California located in Los Angeles, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Dispute Resolution

If you reside in the United States, you and HouseStay agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site, Application or Collective Content (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and HouseStay are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and HouseStay otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. Arbitration Rules and Governing Law. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_medor by calling the AAA at 1–800–778–7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Arbitration Location and Procedure. Unless you and HouseStay otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and HouseStay submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. HouseStay will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, HouseStay will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Changes. Notwithstanding the provisions of the “Modification” section above, if HouseStay changes this “Dispute Resolution” section after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of HouseStay’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and HouseStay in accordance with the provisions of this “Dispute Resolution” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).

HouseStay Policies