TERMS OF SERVICE
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using TweenerHomes.com, you agree to comply with and be bound by these Terms of Service.
The Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you and Tweener Homes, Inc. (“Tweener Homes” or “we” or “us” or “our”) governing your access to and use of TweenerHomes.com, including any subdomains thereof, and any sites through which Tweener Homes makes its services available (collectively the “Site”).
The Site is an online venue that connects individuals looking to rent property (“Guests”), property owners who lists their property or properties on the Site for rent (“Hosts”), and service providers (“Service Providers”) in order to book a rental agreement and to identify Service Providers who provide services related to such booking (“Services”). Guests, Hosts, Service Providers are sometimes referred to as “Users”.
Tweener Homes is not a party in any transaction between a Guest and Host. A Guest will directly lease a property from a Host for a period of time (“Rental Rights”). As a result, any part of an actual or potential transaction between a Host and a Guest, including the quality, condition, safety or legality of the properties and related Rental Rights advertised, the truth or accuracy of the listings on the Site (including the content thereof or any property), the ability of a Host to offer the Rental Rights, the validity of the Rental Rights to be valid, and the ability of the Host and Guest to complete the transaction are solely the responsibility of each Guest and Host. You acknowledge and agree that you may be required to enter into a separate agreement and/or waiver prior to obtaining Rental Rights or purchasing a product or Service from a Service Provider which may place additional restrictions on Guest’s Rental Rights, product or service.
You agree that you are responsible for, and agree to abide by, all laws, rules and regulations applicable to the use of the Site, your use of any tool, service or product offered on the Site and any transaction you may enter into on the Site or in connection with your use of the Site.
YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR AND AGREE TO ABIDE BY ALL LAWS, RULES AND REGULATIONS APPLICABLE TO THE ADVERTISEMENT OF RENTAL RIGHTS, PROPERTY, AND THE CONDUCT OF BUSINESS, INCLUDING BUT NOT LIMITED TO TAXES, PERMIT OR LICENSE REQUIREMENTS, ZONING ORDINANCES, SAFETY COMPLIANCE, BUILDING CODES, COMPLIANCE WITH ALL ANTI-DISCRIMINATION AND FAIR HOUSING LAWS AND OTHER LAWS AND REGULATIONS, AS APPLICABLE, AS WELL AS ANY APPLICABLE CONDOMINIUM OR HOMEOWNER ASSOCIATION RULES AND REGULATIONS. Please be aware that, even though we are not a party to any transaction and assume no liability for legal compliance pertaining to Rental Rights or properties listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.
1. The Site IS ONLY A VENUE.
The Site comprises an online venue through which Hosts may advertise Rental Rights for their properties, Guests may learn about and obtain such Rental Rights, and Service Providers may advertise services related to the rental or management of the Host’s property or properties. You understand and agree that neither Tweener Homes nor the Site is a party to any agreement entered into between the Users, nor is Tweener Homes or the Site a registered real estate broker, agent, seller, or insurer. The period of duration of the Rental Rights shall be thirty (30) days.
2. Limited License to Use the Site.
Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of advertising Rental Rights, researching Rental Rights, viewing or making legitimate inquiries regarding obtaining Rental Rights for personal use, or obtaining Services related to the rental or management of the Host’s property, all in accordance with these Terms. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.
3. Unauthorized Uses of the Site.
The license to use the Site only extends to the uses expressly described herein. The license to use the Site granted to Users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or other similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engines” do not include a site or search engine or other service that provides classified listings or property Rental Rights for sale, or any subset of the same or which is in the business of providing Rental Rights for sale or other services that compete with us.
Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously authorized by us in writing:
- Any commercial use (other than by registered property managers or Hosts in good standing (a “valid registration”);
- Any use of the Site or the tools and services on the Site for the purpose of booking or soliciting business other than that which is listed under a valid registration;
- Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;
- Reproduce any portion of the Site on your site or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
- Deep-link to any portion of the Site without our express written permission;
- Modify, translate into any language or computer language, or create derivative works from any content or any part of the Site;
- Reverse engineer any part of the Site;
- Create a new or modify an existing site or offline business that would compete with the Site in such a way as to confuse Users;
- Transact or attempt to transact business with another User or former User offline;
- Sell, offer for sale, transfer, or license Rental Rights that a Host no longer owns to another party, whether through the Site or any other medium, after the Rental Rights have been sold via the Site. If a Host attempts to sell the same Rental Rights for the same time period to a second party, the Site User’s claim to the Rental Rights shall supersede those of the second party. If a Host attempts to sell or sells the same Rental Rights for the same time period to multiple Guests on the Site, the first transaction shall be valid and the subsequent transaction(s) shall be null and void;
- Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;
- Use any robot, spider, scraper, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site;
- Use the Site other than to advertise and/or research rentals and to make legitimate inquiries to our Hosts;
- Use the Site or post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms;
- Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
- Use or access the Site in any way that, in our sole discretion, adversely affects the performance or function of the Site, or any other computer systems or networks used by us or the Site, or infringes on our copyright or any copyright of our Hosts.
If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by contacting us using the information in Section 22. “Contact Us and Notice” below.
4. Proprietary Rights and Downloading of Information from the Site.
The Site and all content and information on the Site are protected by copyright as a collective work and/or compilation, pursuant to applicable U.S. and international copyright laws and conventions and database rights. The text, files, images, photos, maps and other materials on the Site (collectively, “Content”) are only for your personal use. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any Content on the Site. Copying, storing or otherwise accessing the Site or any Content on the Site for any use other than approved herein is expressly prohibited without prior written permission from us. As part of the due diligence process, for your own use and not for further distribution, you may download, display, and/or print one (1) copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form displayed on the relevant portion(s) of the Site that you desire to download, display or print.
6. Data Transmittal.
Each User acknowledges and agrees that, regardless of such User’s physical location, we may store and process any data transmitted to the Site from such User at locations both within and outside of the United States. If you use any of our tools that we may from time to time offer that integrate in any way with a third party website to which you have provided data or information, you acknowledge and agree that such third party website shall be responsible for how the data or information you have provided to such third party website is collected, stored, used, and otherwise handled.
7. Identity Verification.
User verification on the Internet is difficult and we cannot, and do not, assume any responsibility for the confirmation of each User’s purported identity. We encourage you to communicate directly with other Users through the tools available on the Site, though this does not assure you of the identity of the person or organization with which you are communicating.
It is the sole responsibility of each User to maintain the confidentiality of the User’s password and User ID. If you believe that your account, User ID or password have been compromised or has been disclosed to unauthorized persons, it is the User’s responsibility to notify us immediately and update your account to select a new User ID and/or password. EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER TWEENER HOMES NOR THE SITE WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S PASSWORD; AND (2) THE UNAUTHORIZED
USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR TWEENERHOMES.COM ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH TWEENERHOMES.COM AND OTHER USERS.
We reserve the right, without notice to you, to suspend or cancel your listing or account at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
8. Limitations on Communications and Use of Other Users’ Information; No Spam.
You agree that, with respect to other Users’ personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (a) Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, and (c) inquiring about or otherwise facilitating a financial transaction between you and the other User related to the purpose of the Site (such as inquiring about or obtaining Rental Rights). Any other purpose will require express permission from the User. You may not use any such information for any unlawful purpose or with any unlawful intent. In all cases, you must give Users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another User to any third party without both our consent and the consent of the other User. You agree that other Users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other Users’ personal information with the same degree of care that you protect your own confidential information (using at a minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site User, even a User who has rented a property from you or to you, to your mailing list (email or physical mail) without the User’s express consent.
You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Site or through any tool or service provided on the Site.
9. Responsibility for Property Listings, Reviews and Other User Contributed Content; Participation in Interactive Forums.
We do not and cannot review all content posted to the Site by Hosts or by other Users who may have posted on the Site a review of, description or testimonial for any particular rental property. We are also not responsible for any materials posted by such Hosts or other Users. All property listings on the Site are submitted by the Host and are the responsibility of the Host, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, photographs, property reviews, testimonials, or any alleged breaches of contract on a Host’s or other User’s part. If you are a Host, by accepting these Terms, you agree to indemnify and hold Tweener Homes and the Site harmless against all costs, expenses and losses arising out of a claim relating to the content of your advertisement. Hosts are solely responsible for keeping their property information up-to-date on the Site, including, but not
limited to any and all representations about any property, its amenities, location, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, photographs, property reviews, testimonials, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where prospective Guests have searched for specific special offers, dates, or types of properties. Hosts are solely responsible for ensuring the accuracy of any property descriptions. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms.
Hosts represent that they have the right to list Rental Rights for their respective properties during the time period associated with the Rental Rights, and that third party rentals are permitted for their respective properties. All other User Contributed Content is the sole responsibility of the User who contributed such content, whether such User contributed the content directly or through a third party website. Users are solely responsible for their User Contributed Content and we specifically disclaim all liability for User Contributed Content.
We reserve the right to decline to permit the posting on the Site of, or to remove from the Site, any User Contributed Content that fails to comply with these Terms, any other guidelines posted on the Site, each as determined in our discretion.
10. Links to Third Party Sites.
This Site may contain hyperlinks and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third party site, such as a Social Media Site. We are not responsible in any way for such third party sites or resources and your use of such sites and resources will not be governed by these Terms.
11. Social Media or Third Party Sites.
If the Site offers a tool or service which allows us to access or use any profile or other information about you that you have provided to Facebook, Instagram, Twitter, LinkedIn, YouTube, Pinterest, or another social media sites (each a ” Social Media Site”) and you decide to use such a tool or service, you acknowledge and agree that:
(i) The information or content that are a part of your Social Media Site profile, which you have designated as “public” (or a similar designation) (with such information or content and referred to herein as “Social Media Content”) may be accessed and used by us in connection with the Site;
(ii) The Social Media Content will be considered “User Contributed Content” under these Terms and both you and we shall have the same rights and responsibilities as you and we have with respect to User Contributed Content under these Terms;
(iii) In the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree with for any reason,
you agree to work with the Social Media Site to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse; and
12. Service Fee Payable by Guests.
We charge a service fee payable by Guests who obtain Rental Rights on the Site through the Site checkout. The service fee covers the use of the Site, including such features as user support. The service fee is equal to ten percent (10%) of the total amount paid for the lease of the Rental Rights and is deducted from the Initial Payment (hereinafter defined) along with any applicable taxes upon the service fee. The service fee plus applicable taxes upon the service fee will be charged after the Host accepts a Guest’s reservation. Any taxes alleged to be owed to any taxing authority on the service fee are the responsibility of Tweener Homes and Hosts have no responsibility for any such claimed tax liability
13. Payment for lease of Rental Rights.
Tweener Homes is not a party in any transaction between Guests and Hosts except for the limited purposes provided for in this paragraph. A Guest will directly lease Rental Rights from a Host. Full payment for the lease of Rental Rights plus payment of the service fee and any applicable taxes upon the service fee is required when the booking is accepted (“Initial Payment”). After deducting the service fee and applicable taxes upon the service fee, we will remit the remaining amounts due to the Host under the lease for the Rental Rights within 24 hours after check-in unless the Guest is able to cancel the booking pursuant to these Term’s and the Listing’s cancellation policy. Remittance of amounts due is subject to these Terms’ and the Listing’s cancellation policy. Any payments to us will be held in a FDIC insured/non-interest bearing bank account until such time as payments are required to be remitted to the Host under these Terms.
14. Unauthorized Payment Methods; Registration Payments.
Payment must be made in U.S. Dollars paid either by major credit or debit card or by bank transfer. The Site may use PayPal or Stripe to process all payment transactions through the Site and each User remains responsible for any fees associated with processing payment through PayPal or Stripe.
We are not a party to any payment transaction between Hosts and Guests except as provided for in these Terms. For the safety of the Guest, no Host may request any Guest to mail cash, or utilize any payment method other than the approved payment method on the Site as payment for all or part of any and all exclusive Rental Rights transactions. No Guest may offer to mail cash, or utilize any payment method other than the approved payment method on the Site for all or part of any and all exclusive Rental Rights transactions. Any violation of this term or any other unacceptable payment methods that may be posted on the Site may result in the immediate removal of the non-conforming listing from the Site and/or termination of the User’s account without notice to the User and without refund. From time to time, we may become aware of Users attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method. Ideally, we hope to be able to assist Users in avoiding such transactions, but we assume no liability or responsibility to do so or to inform Users of any such actual or suspected activity.
Guests can cancel a confirmed booking at any time 31 days or more from the date of check-in and will receive a refund of all money paid less the service fee which will be retained by Tweener Homes, and applicable taxes upon the service fee. If a guest cancels 30 days or less from the date of check-in, no refund of the service fee, and any applicable taxes upon the service fee, or for the any amount paid to lease the Rental Rights will be provided. Any cleaning fees are fully refundable if a Guest cancels a confirmed booking prior to check-in.
If a Guest intents to shorten their stay after check-in, the Guest must contact the Host directly for any refund as all amounts required to confirm the booking will have been transferred to the Host within 24 hours of check-in. No refund will be given on the service fee or any applicable taxes on the service fee or any other taxes paid to a governmental authority. Tweener Homes will not be responsible for any refund due to Guest as a result of cancellation or early termination once amounts have been paid to the Host.
A Guest may cancel a confirmed booking within 12 hours after check-in and receive a refund of all money paid less the sum of (i) the service fee; and (ii) applicable taxes upon the service fee only if the property fails to meet the property description in the listing and as shown in the photos of the listing. If a Guest does not provide, within 12 hours after check-in, a valid complaint that the property fails to meet the property description, all amounts due the Host will be remitted to the Host.
All notices of cancellation shall be sent to us at firstname.lastname@example.org.
16. LIMITATION OF LIABILITY.
IN NO EVENT WILL TWEENER HOMES, INC., TWEENERHOMES.COM, SUBSIDIARIES, AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY THE “COMPANY”), OR ANY THIRD PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY SITE OF A USER OF TWEENERHOMES.COM (EACH A “THIRD PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION ATTORNEY’S FEES) ARISING OUT OF, BASED ON, OR RESULTING FROM (A) THE USE OF THE SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE RELATED TO THE BUSINESS WE OPERATE ON THE SITE BY YOU OR ANY THIRD PARTY, (E) ANY USER CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN OUR SITE AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR SITE, AND/OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US OR ANOTHER USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE.
WITHOUT LIMITATION OF THE FOREGOING, EXCEPT FOR DAMAGES ARISING OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE COMPANY, THE TOTAL LIABILITY OF THE COMPANY FOR ANY AND ALL CLAIMS AGAINST THE COMPANY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS. THE FOREGOING LIMITATION OF LIABILITY IS CUMULATIVE WITH ALL PAYMENTS FOR CLAIMS OR DAMAGES IN CONNECTION WITH THIS AGREEMENT BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. USERS ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN USER AND THE COMPANY AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. USER ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN USER AND THE COMPANY OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT AND HAS BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY USER AND THE COMPANY UNDER THIS AGREEMENT AND IN THE DECISION BY USER AND THE COMPANY TO ENTER INTO THIS AGREEMENT.
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE AVAILABILITY OF THE SITE OR ITS CONTENT, THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERLINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU ACKNOWLEDGE THAT BY SUBMITTING COMMUNICATIONS TO US AND BY POSTING INFORMATION ON THE SITE, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY TRANSACTION BETWEEN USERS OF THE SITE. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THAT MAY BE OFFERED ON THE SITE) THE SAFETY OF ANY TRANSACTION, PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE.
IF YOU CHOOSE TO USE THE SITE, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. YOU AGREE THAT YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE THE SITE, A HOST OR A GUEST OR OTHER USER, LAWS, RULES, OR REGULATIONS THAT MAY BE APPLICABLE TO LISTINGS YOU ARE RECEIVING AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OF LAW OR FACT MADE BY THE COMPANY RELATING TO A LISTING. IF THE COMPANY CHOOSES TO CONDUCT IDENTITY VERIFICATION OR BACKGROUND CHECKS ON ANY USERS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
TO THE GREATEST EXTENT PERMISSIBLE BY LAW, YOU AGREE TO RELEASE AND HOLD HARMLESS THE COMPANY FROM ALL LIABILITIES AND CLAIMS THAT ARISE IN ANY WAY FROM ANY INJURY, DEATH, LOSS OR HARM THAT OCCURS TO THE PROPERTY, REAL OR OTHERWISE, OR TO ANY PERSON, ARISING OUT OF THE LEASE OF RENTAL RIGHTS.
18. RELEASE AND INDEMNIFICATION.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER CONTRIBUTED CONTENT) OR ANY THIRD PARTY SITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE COMPANY, EACH USER OF THE SITE, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH USER OF THE SITE AND THE COMPANY (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND THE COMPANY AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
19. Jurisdiction; Choice of Law and Forum; Time Limit.
THIS SITE IS OPERATED BY US IN THE UNITED STATES AND WE MAKE NO WARRANTY THAT THE MATERIALS AND CONTENT ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES. THOSE WHO CHOOSE TO ACCESS THE SITE FROM OUTSIDE THE UNITED STATES DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR LOCAL LAWS, IF AND TO THE EXTENT THAT LOCAL LAWS ARE APPLICABLE.
ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMED, PERFORMABLE AND/OR SOLD IN THE STATE OF ARIZONA, UNITED STATES OF AMERICA, AND YOU IRREVOCABLY AGREE AND CONSENT THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT TO THESE TERMS WILL BE FILED IN THE UNITED STATES DISTRIT COURT FOR THE DISTRICT OF ARIZONA OR STATE COURTS IN MARICOPA COUNTY, ARIZONA, WHICH YOU ACKNOWLEDGE, CONSENT TO AND AGREE WILL BE THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL DISPUTE BETWEEN YOU AND US. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE STATE OF ARIZONA, WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES.
THESE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN US AND YOU WITH RESPECT TO YOUR USE OF THE SITE. WE MAY IMMEDIATELY TERMINATE ANY USERS ACCESS TO OR USE OF THE SITE DUE TO SUCH USER’S BREACH OF THESE TERMS OR OTHER UNAUTHORIZED USE OF THE SITE. ANY CAUSE OF ACTION YOU MAY HAVE HEREUNDER OR WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED BY FILING SUIT IN ARIZONA, WITHIN ONE (1) YEAR AFTER THE INCIDENT UPON WHICH THE CLAIM OR CAUSE OF ACTION IS BASED FIRST OCCURRED. OUR FAILURE TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS SHALL NOT CONSTITUTE A WAIVER OF ANY SUCH RIGHT OR PROVISION. IF FOR ANY REASON A COURT OF COMPETENT JURISDICTION FINDS ANY PROVISION OF THESE TERMS, OR PORTION THEREOF, TO BE UNENFORCEABLE, THAT PROVISION SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMISSIBLE SO AS TO EFFECT THE INTENT OF THESE TERMS, AND THE REMAINDER OF THESE TERMS SHALL CONTINUE IN FULL FORCE AND EFFECT.
20. Notification of Infringement.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us using the information on Section 22. “Contact Us and Notices”. Please include the following in your notice: (a) identify with specific detail the material on the Site that you claim is infringing; (b) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (c) a statement by you declaring under penalty of perjury that (i) the above information in your notice is accurate, and (ii) you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; (d) your physical address, telephone number and email address; and (e) your physical or electronic signature. We will thereafter remove the allegedly infringing content, subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
21. No Agency.
Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.
22. Contact Us and Notices.
Except as explicitly stated otherwise herein, you may contact us or provide notice to us as required herein by at:
Tweener Homes, Inc.
Phone: (833) 893-3637
or, when we need to send you notice, to the email address you provide to the Site during the registration process (in your case, and as applicable). Notice shall be deemed given upon receipt or 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any address provided to us during the registration process (as applicable). In such case, notice shall be deemed given three days after the date of mailing.
We reserve the right, in our sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Notification of changes to these Terms will be posted on the Site and will be effective immediately thereafter. Your continued use of the Site following the posting of any such change, modification or amendment will constitute your acceptance thereof.
24. Your Record of These Terms.
We do not separately file the Terms entered into by each User of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.
ADDITIONAL TERMS APPLICABLE TO OUR HOSTS
25. Terms applicable to all Listings.
Our services may only be used by Hosts who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. When you accept a booking request by a Guest, you are entering into a legally binding agreement with the Guest.
Each Host represents and covenants that any information submitted to the Site during such Host’s registration with the Site shall be true and correct.
Each Host further represents and covenants that: (i) the Host owns and/or has all necessary rights and authority to offer to lease the Rental Rights to the property listed by such Host; (ii) the Host will accurately describe the listed property and will not fail to disclose a material defect in, or material information about, the listed property; (iv) the Host will not wrongfully deny access to the listed property; and (v) the Host will not fail to provide a refund when due in accordance with the underlying exclusive Rental Rights agreement.
Each Host agrees: (i) that all bookings will be processed through the Site and any attempt to cause or direct Guests to avoid the service fee is strictly prohibited and Host will become liable for the service fee and all applicable taxes; (ii) to use commercially reasonable efforts to respond to all booking requests from Guests within 24 hours of receipt of a request for booking; (iii) to respond to and accept a material number of inquiries and booking requests received in the interest of the Guest’s experience; and (v) Hosts are prohibited from cancelling a material number (as determined by us in our discretion) of accepted bookings.
Each Host is solely responsible for setting a price (including any taxes (defined below) if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pay a higher price than in the booking request.
Any terms and conditions included in your Listing or lease of Rental Rights, in particular in relation to cancellations, must not conflict with these Terms.
We recommend that Hosts obtain appropriate insurance. Please review any respective insurance policy carefully, and in particular 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 Guests (and the individuals the Guest has booked for, if applicable) while staying at your property.
Upon our request, each Host agrees to promptly provide to us such proof of personal identification, proof that the condition, location, or amenities associated with the property are accurately described in the listing, proof of ownership of the property listed on the Site, and/or proof of authority to list the Property as we may request.
Each Host agrees to promptly provide notice to the Site by contacting us using the contact information in Section 22. “Contact Us and Notices” regarding any updates to any such contact information previously submitted by such User of the Site.
Violations under this paragraph are deemed a violation of these Terms and the Host’s Listing(s) is(are) subject to Termination.
AS A HOST YOU ARE SOLELY RESPONSIBLE FOR DETERMINING YOUR OBLIGATIONS TO REPORT, COLLECT, REMIT OR INCLUDE IN YOUR LISTING FEES ANY APPLICABLE VAT, SALES TAXES, OCCUPANCY TAX, LODGING TAX, TOURIST OR OTHER VISITOR TAXES OR INCOME TAXES (“TAXES”) ASSOCIATED WITH THE RENTAL OF YOUR PROPERTY.
27. Content, Layout and Copy.
We reserve the right to determine in our sole discretion the final design, layout and functionality of our Site, which is subject to change from time to time without notice. We reserve the right, in our sole discretion, to review and edit copy or amend the content, layouts or photographs supplied by any Host. All content and copy edits submitted by Hosts are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine, in our sole discretion, does not meet these Terms or is otherwise unacceptable to us. Notwithstanding our right to refuse, edit and amend the content, copy and photographs, we do not accept and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any Host or edited or amended by us. Hosts are responsible for reviewing and ensuring that any content displayed on the Site appears as the Host intended.
All printed (paper based) photographs submitted by a Host will be discarded after we have scanned the same into our electronic database. We have no responsibility to return such photographs to you. We will use reasonable efforts to reproduce faithfully any photograph submitted, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard. By submitting a photograph, either paper based or electronically through the Site, the Host represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Site and Company from any cause of action arising from any misrepresentation with respect to any and all the photographs so submitted.
29. Copyright Grant.
If you are a Host, by accepting these Terms and posting a listing on the Site, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any content you post on the Site, and you grant the Site and Company, the ability to copyright and protect the images, copy, and content available via your listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. We need these rights to host and display your listing. You further agree to assist Tweener Homes at our expense to protect such copyrighted material from unauthorized redistribution. We are not responsible for any infringement or violation of laws resulting from content supplied by any Host and each Host will indemnify and hold harmless the Site and Company against any action brought for breach of copyright or other rights from the use of such content supplied by such Host. Each Host hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any content posted or provided to us by such Host.
Each Host agrees that we may reproduce in whole or in part any photographic material supplied by such Host in the promotion of either such Hosts property or the promotion of the Site.
It is the Host’s responsibility to obtain reproduction permission for all photographic and other material used in their advertisements. The Host warrants that the Host is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained.
30. Testimonials/Property Reviews.
Any entries in the testimonial or property review section of any Hosts listing must be genuine comments from guests who have stayed at the property advertised. The e-mail address(es) of the guest(s) whose comments are given must be supplied by a Host to us upon our request, unless prohibited by applicable law.
31. Substitution of Properties.
Each advertisement may only relate to a specific property. The property in an advertisement may not be substituted by another property. If a Host submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the listing and may choose, in our sole discretion, to retain any fees associated with the term of the previously existing listing as compensation for the violation of this condition.
32. Advertising More than One Property on One Advertisement.
Each advertisement on the Site displays an individual and uniquely identified property available for rental. The listing specifically cannot be a mere example of properties in a given area. Only one property can appear on each advertisement, unless it is a property with multiple rental units on the same site and additional advertising units are purchased. We reserve the right to amend the copy or remove any advertisement when more than one property is described in such advertisement, and may choose, in our sole discretion to retain any fees associated with the initial term of such non-conforming listing as compensation for the violation of this condition.
33. Termination of Listing.
We reserve the right to refuse in our sole discretion any advertisement submitted to us either through our online submission process or sent to our offices for us to load or post onto the Site. We may refuse to publish the advertisement for any reason, and each current or prospective Host expressly agrees to release and hold us harmless from any loss or liability that may arise from such a decision.
If, in our sole discretion, any Host submits unsuitable material to our Site or into our database, persistently misuses the Site or our online systems, or is in material breach of these Terms, we reserve the right to remove immediately such Host’s property from the Site.
If we become aware of or receive a complaint from any person or entity regarding a Host’s listing or rental practices that, in our sole discretion, warrants the immediate removal of such Host’s allegedly offensive listing from the Site (for example, and without limitation, if a Host double-books a property for multiple Guests on the same date, or engages in any practice that, in our sole discretion, would be considered unfair within the rental industry, or if we receive a complaint that any listings content infringes on the rights of a third party), then we may immediately remove the allegedly offensive listing from the Site without notice to the Host while we investigate the basis for the complaint. If we conclude,
in our sole discretion, that any such complaint is meritorious, then we may permanently remove the offensive listing from the site without notice to the Host.
If any Host is abusive or offensive to any employee or representative of the Site or Tweener Homes, we reserve the right to terminate such Host’s registration(s) immediately. Finally, if any Host is in breach of these Terms or its obligations to us then we may terminate such Host’s registration(s) immediately without notice to the Host.
34. Transfer of Listing.
No listing may be transferred to another party, except that if a Host sells the property that is listed, the Host may transfer its listing to the new owner of the property that is listed. We may, at our discretion, charge a reasonable transfer fee.