Review HostEasy's terms and conditions
Terms of Service
These Terms of Service (“Terms”) govern your use of the HostEasy LLC website, any HostEasy LLCmobile application, application programming interfaces, product and content and other services offered by HostEasy, as well as HostEasy LLCservices offered through third parties integrating HostEasy LLCfunctionality (collectively, the “Services”). HostEasy, LLC. (“HostEasy”, “Company”, “we” or “us”) provides the Services. “You” refers to you as a user of any of the Services.
THE DISPUTE RESOLUTION SECTION IN SECTION 22 OF THESE TERMS CONTAINS A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES YOU AND HostEasy LLC TO RESOLVE DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION OF THESE TERMS CAREFULLY. BY AGREEING TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
The Services include a marketplace technology platform that enables third-party event hosts (“Hosts”) and third party service providers (“Host-Hands”) to connect with each other. HostEasy LLC has no control over the conduct of Host-Hands or any other users of the Services. YOU ACKNOWLEDGE AND AGREE THAT HostEasy LLC IS A TECHNOLOGY SERVICES PROVIDER THAT DOES NOT PROVIDE Food and Beverage SERVICES.
1. Acceptance of these Terms
By agreeing to these Terms, and/or by using or accessing the Services (including without an account), you expressly acknowledge that you understand and accept all of the terms (including the dispute resolution and arbitration provisions below). BY USING THE SERVICES, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES.
2. Changes to these Terms
HostEasy LLC may, in its sole discretion, amend the Terms and modify or update the Services from time to time. If we change these Terms, we will give you notice by posting the revised Terms on the Services. Please review this page periodically to ensure you are up-to-date with any changes. Those changes will go into effect on the revision date shown in the revised Terms. Your continued use of the Services will constitute your acceptance of the amended Terms.
3. Additional Terms
Our Community Guidelines, Privacy Policies, and other Policies applicable to your use of the Services are incorporated by reference into these Terms (the “Additional Terms”), as updated from time to time. BY ACCESSING OR USING THE SERVICES, YOU ACCEPT THESE ADDITIONAL TERMS. We will make Additional Terms available for you to read through the Services. If you do not agree to abide by the Additional Terms, you automatically opt out of and are prohibited from using the Services. If you violate the provisions of the Additional Terms, HostEasy LLC may, in its sole discretion, suspend, discontinue, or change your account or any aspect of your access to or use of the Services in whole or in part. By continuing to use the Services, you agree to the Additional Terms and any future amendments and additions to the Additional Terms as published from time to time through the Services. Please review the Additional Terms periodically to ensure you are up-to-date with any changes.
4. Your Consent to Receive Calls, Text Messages, Emails, and Other Communications
You expressly consent to receive and accept communications from HostEasy LLC, our Affiliates, and their respective representatives, including via e-mail, telephone calls, text messages (including by an automatic telephone dialing system or a prerecorded voice), push notifications, or other comparable means at any of the e-mail addresses and/or telephone numbers provided by you or on your behalf to HostEasy. You agree that the foregoing authorized communications may be initiated for any transactional, customer service, advertising, marketing, promotional, debt collection, account administration, or other purposes. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PRERECORDED OR AUTODIALED PROMOTIONAL, ADVERTISING, OR MARKETING (COLLECTIVELY, “MARKETING”) CALLS OR TEXT MESSAGES AS A CONDITION OF PURCHASING ANY PROPERTY, GOODS, OR SERVICES. IF YOU WISH TO OPT OUT OF MARKETING CALLS, EMAILS, OR TEXT MESSAGES FROM US, YOU AGREE TO OPT OUT BY FOLLOWING ANY UNSUBSCRIBE INSTRUCTIONS PROVIDED TO YOU IN THOSE COMMUNICATIONS OR Contact@simplyhosteasy.com If you receive a marketing call from HostEasy, you also may opt-out of receiving future marketing calls by communicating a do-not-call request to our representative before you hang up. You agree that HostEasy LLC and our Affiliates and representatives will not be responsible for honoring opt-out requests communicated through other channels. If you wish to register an account with HostEasy LLC without agreeing to receive autodialed or prerecorded marketing calls or text messages from HostEasy LLC and our Affiliates, contact a Customer Success representative for assistance at 844-814-5940 or email@example.com. Standard text messaging and data charges charged by your wireless service carrier will apply to text messages we may send. You represent and warrant that you are authorized to approve the receipt of calls and text messages at any telephone number you provide to us in connection with your account or your use of our Services and to approve any related carrier charges. PLEASE BE ADVISED THAT IF YOU OPT OUT OF MARKETING COMMUNICATIONS, HostEasy LLC MAY STILL SEND YOU COMMUNICATIONS ABOUT YOUR ACCOUNT OR ANY TRANSACTIONS BETWEEN YOU, HOSTEASY, AND/OR OTHER USERS OF THE PLATFORM, INCLUDING THE SERVICES YOU PROVIDE TO OR RECEIVE FROM OTHER USERS OF THE PLATFORM. YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING TEXT MESSAGES OR OTHER COMMUNICATIONS MAY IMPACT YOUR USE OF THE SERVICES.
You must be at least 18 years old to use the Services. If you are under the age of majority in your state of residence or a minor, your parent or legal guardian must agree to these Terms on your behalf, and you may only access and use the Services with permission from your parent or legal guardian.
6. HostEasy LLC as a Marketplace Technology Platform
The Services include a marketplace technology platform that connects Event/Home Hosts with Host Service providers (Host-Hands). We do not provide any hospitality services and make no representations or warranties about the quality of services provided by Host-Hands, or about your interactions and dealings with Host-Hands or other users. HostEasy LLC does not employ, recommend, or endorse Event/Home Hosts or Host-Hands, and we are not responsible or liable for the performance or conduct of Event/Home Hosts or Host-Hands, whether online or offline. HostEasy LLC does not procure insurance for Event/Home Hosts (or their guests or Host-Hands, nor is HostEasy LLC responsible for the property of Event/Home Hosts or Host-Hands.
HostEasy LLC provides Host-Hands with access to third-party vendors that perform background checks and verifications. HostEasy LLC itself does not conduct background checks and does not independently verify information in the background checks. HostEasy LLC is not responsible or liable in any manner for the background checks.
7. Payment Terms for Event/Home Hosts
7.1 General Payment Terms
As an Event/Home Host, you understand that use of the Services may result in you owing fees to the Host-Hand for the hosting assistance services you receive from such Host-Hand. HostEasy LLC will facilitate your payment of the applicable charges on behalf of the Host-Hand through third-party payment processors, with whom you will be required to establish an account to access the Services. Payment of such charges in such manner shall be considered the same as payment made directly by you to the Host-Hand. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable regardless of your decision to terminate usage of the Services, HostEasy’s decision to terminate your usage, any disruption of the Services, or any other reason whatsoever unless otherwise determined by HostEasy.
All charges are due immediately and HostEasy, or a third-party payment processor, will process your payment on the Host-Hand’s behalf using the primary payment method designated by you in your HostEasy LLC account. If your primary payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that HostEasy LLC may, as the Host-Hand’s limited payment collection agent, use a secondary payment method in your account, if available.
Event/Home Hosts and Host-Hands transact with each other on the HostEasy LLC marketplace technology platform when they both agree to a “booking” that specifies the fees, time period, cancellation policy, and other terms for provision of hosting assistance services via the booking mechanism provided on the HostEasy LLC marketplace technology platform. You may choose to transact with certain Host-Hands from time to time based on a variety of factors in your discretion, such as your desired price range, a Host-Hand’s service price rate, a Host-Hand’s profile, and a Host-Hand’s star ratings and reviews. Once you request a hosting service, you agree to pay the Host-Hand the agreed-to price and honor the other terms of such booking. You may elect to cancel your request for services from a Host-Hand at any time prior to such Host-Hand’s arrival, in which case you may be subject to a cancellation fee.
The fees owed to Host-Hands are not inclusive of tip or gratuity for the Host-Hand. While you are free to provide gratuity to any Host-Hand who provides you with services obtained through the Services, you are under no obligation to do so. After you have received services or goods obtained through the Services, you will have the opportunity to rate your experience and leave additional feedback about your Host-Hand.
In addition to the above fees, you understand and acknowledge that you may incur ancillary charges in connection with your receipt of hosting assistance services from Host-Hands (“Charges”). Such Charges may include some combination of the following: (1) cancellation fee, (2) service, booking, or platform usage fee, (3) trust and safety fee, (4) surcharges, (5) convenience fee, and (6) other fees. A description of any Charges will be available on the Services. You have absolute discretion to request or not request services from a Host-Hand if the total applicable fee or charge is not acceptable to you.
From time to time, HostEasy LLC may, in its sole discretion, make available certain promotions, offers, credits, rewards, subscriptions, or referrals links or codes to Event/Home Hosts (the “Promotions”). Such Promotions will be provided to Event/Home Hosts via the Services, by email, or otherwise made available electronically by HostEasy. Such Promotions are only valid for redemption through the Services and are not transferable or redeemable for cash except as required by law. Each Promotion is a limited time offer and is valid only for the time and purpose and under the terms and conditions specified therein, which may include eligibility, time, and location requirements. HostEasy, at its sole discretion, reserves the right to issue Promotions with different features, discounts, offers, or deals to any users or groups of users determined solely by HostEasy. These promotions, unless made to you, shall have no bearing whatsoever on your use of the Services or any promotions offered to you. HostEasy LLC reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promotions that were made in error or obtained through fraud or suspected illegal behavior, or where the Event/ Host was found to be in violation of the terms of such Promotion, these Terms, or the Additional Terms. Promotions may be modified, disabled, or withdrawn by HostEasy LLC at any time for any reason or no reason without liability to HostEasy.
You acknowledge and agree that HostEasy LLC may limit or temporarily or permanently suspend your use of or access to the Services if: (1) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a payment method, (2) any amounts you owe for hosting assistance services are overdue or in default, or (3) HostEasy LLC believes in good faith that such action is reasonably necessary to protect the personal safety or property of HostEasy, our users, any third-party payment processor or third parties, or to prevent fraud or other illegal activity.
7.3 Payment Authorization
Upon addition of a new payment method or each Host Assistance request, HostEasy LLC may seek authorization of your selected payment method to verify the payment method, ensure the Host Assistance Request charges will be covered, and protect against unauthorized behavior. The authorization is not a charge; however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of the authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your credit, debit, or prepaid card. HostEasy LLC cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
HostEasy LLC reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.
8. Acceptable Use of the Services
You are responsible for your use of the Services, and for any use of the Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users, third parties, or to us. When you use the Services, you may not:
9. User Content
The Services allow you to upload, submit, store, send, or receive data, information, and content (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content. In other words, you own your personal data.
When you upload, submit, store, send, or receive User Content to or through the Services, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (including, but not limited to, translations, adaptations, or other changes we make so that User Content works better with the Services), publicly perform, publicly display, and distribute your User Content in order to operate, promote, market, and improve our Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is irrevocable, sublicensable, fully-paid, and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Services. In general, however, we will only need to use your User Content for as long as you choose to store it with us using the Services.
You promise that:
We may refuse to accept or transmit User Content for any reason. We reserve the right to use, share, and display your User Content (including Event/Home Hosts’ reviews of Host-Hands) or Host-Hands’ reviews of Event/Home Hosts in any manner in connection with our business without attribution to you or your approval. You acknowledge and agree that we are distributors (without any obligation to verify) and not publishers of your User Content or Host-Hands’ reviews, and we reserve the right to monitor, screen, edit, or remove your User Content or Host-Hands’ reviews in the event that such content include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws, or Company’s content policies. Our failure to enforce our rights under these Terms in one instance does not create a waiver of our right to enforce them in another instance. We are not obligated to provide you with copies of your User Content, nor will we have any liability to you for any deletion, disclosure, loss, or modification to your User Content.
If you include your name, image, likeness or voice in any of your User Content, you grant us permission to use your name, image, voice, and likeness, and hereby release us from any liability arising from such use, including, without limitation, claims for invasion of privacy, infringement of your right of publicity, and defamation (including libel and slander).
10. Consent to Host-Hand Photo and Video Activities
As an Event/Home Host, you understand and agree that certain Host-Hands may take pictures or videos or otherwise create recorded media of you or your event during the course of providing services to you. You also understand and agree that during the course of a service you may participate in recorded media. You further understand and agree that Host-Hands may post, upload, share, store, or otherwise provide any such pictures, videos, or other forms of recorded media to Host-Easy LLC through the Services or to their own social media, the Internet, or otherwise. You understand and agree that such recorded media may be used not only to provide information to you as part of the Services, but also to assist Host-Easy LLC in quality control, safety, and promotional and marketing activities. You agree that you have no right, title, or other ownership interest to or in such pictures, videos, or other forms of recorded media, and that the use of such media, including the posting or display of such media, is within HostEasy’s and Host-Hands’ sole discretion. HostEasy LLC hereby grants you a limited, revocable, non-exclusive license to copy and use pictures, videos, and other forms of recorded media of your event that are made available by HostEasy LLC through the HostEasy LLC Services, solely for non-commercial purposes (e.g., posting a photo on your social media accounts).
11. Event/Home Host Obligations
As an Event/Home Host, you hereby represent, covenant, and warrant to HostEasy LLC and each Host-Hand who provides you with hosting assistance services that: (1) that you request hosting assistance services for are your own; (2) your guests are your responsibility; (3) you have divulged any material information about your guests, including pre-existing medical conditions and other behavioral issues that may be relevant to or impact a Host-Hand’s ability to provide the Services; (4) you will comply with all laws and ordinances applicable to your activities conducted through the Services, including ensuring your event if required, is licensed as required by local law; and (5) the event for which you are seeking services are not dangerous or otherwise likely to injure others. If you elect to use the Services, you agree to provide accurate information about yourself and your event and keep this information up-to-date, including any material information.
You acknowledge and agree that if you allow another person to access your account or if you request a Host Assistance Request for an event that is not your own, in each case in violation of these Terms, you and such other person will be jointly and severally liable for all acts and omissions in connection with engaging the Services, including all costs incurred or associated with such engagement.
You are fully responsible for the actions of your guests. You understand, acknowledge and agree that, as between you and HostEasy, you shall be liable for any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) of any kind or nature, arising from or relating to, the behavior of your guests, including without limitation, claims by third parties (including Host-Hands) for damage, loss, or injuries resulting from you/your guests on third parties by you or your guests. Incidents, injury, damage, or loss caused by you or your guests may be governed by applicable state liability laws. HostEasy LLC will cooperate with appropriate law enforcement authorities to provide requested information regarding the situation.
If you elect to use a Host-Hand through the Services, you shall carry applicable liability insurance sufficient for the hosting assistance services you request, the risks associated with such services, and as mandated by law. Be sure to review your applicable policy(ies) and address any questions regarding appropriate liability coverage with your insurance carrier and/or legal representatives prior to utilizing a Host-Hand through the Services.
You understand, acknowledge and agree that we are not liable for any loss, claims, or damages you may suffer as a result of your use of our Services.
You understand and agree that any Host-Hand from whom you may seek or obtain hosting assistance services via the Services is an independent contractor, and not a partner, joint venturer, agent, legal representative, employer, worker, or employee of HostEasy. Host-Hands have no ability or authority to represent HostEasy LLC or otherwise make statements or commitments on HostEasy’s behalf.
Host-Hands have the sole and absolute discretion to reject or refuse any hosting assistance services that you may request, including if they violate any law or regulation, are dangerous or unsafe, or otherwise violate these Terms or the Additional Terms Host-Hands have the right to refuse a Host Assistance Request that involves illegal and immoral services, which can be compromising to Host and Host-Hands alike.
If your Host-Hand or HostEasy LLC reaches you with a request to authorize medical care for you or your guests and you refuse, you waive, release, and promise never to assert any claims or causes of action arising from failure to seek such care, whether or not known at the time of such refusal, against HostEasy LLC or its predecessors, successors, past or present subsidiaries, stockholders, directors, officers, employees, consultants, attorneys, agents, assigns, or the applicable HostHand with respect to any matter, including (without limitation) any claims of negligence, emotional distress, fraud, breach of contract, or breach of the covenant of good faith and fair dealing. You expressly waive and release any and all rights and benefits under Section 1542 of the California Civil Code (or any analogous law of any other state), which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” In the unlikely case that you or your guests need immediate medical attention, you hereby authorize your Host-Hand and HostEasy LLC to obtain and authorize the provision of calling 911 if you cannot be reached to authorize care yourself in an emergency situation.
Event/Home Hosts are solely responsible for the costs of any such medical treatment for your guests and, if you are a Event/Home Host, you hereby authorize HostEasy LLC to charge any of your payment methods for such costs.
As an Event Host, you acknowledge that HostEasy LLC is in the business of connecting Event/Home Hosts and Host-Hands, and that said business is how HostEasy LLC earns its income. As a result, Event/Home Hosts agrees that if Event/Hosts solicits a Host-Hand to provide off-platform hosting assistance services to Event/Home Host whom Event/Home Host first met and/or learned about through the HostEasy LLC platform, HostEasy LLC is entitled to charge both the Event/Home Host and the Host-Hand a referral fee. This referral fee will be charged once per specific Event/Home Host/Host-Hand services relationship utilized outside of the process provided for within the HostEasy LLC platform. Event/Home Host’s referral fee will be $1,000. Event/Home Host will first be notified in writing of Event/Home Host’s obligation to pay the referral fee. Thereafter, Event/Home Host hereby authorizes HostEasy LLC to charge any of your payment methods for the referral fee.
13. Copyright and Intellectual Property Policy
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
For clarity, only copyright infringement notices should be sent to our Copyright Agent at firstname.lastname@example.org You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.
If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the Copyright Agent address listed above containing the following information:
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
14. Call Recording and Monitoring
You agree that all telephone conversations between you and HostEasy LLC (or our Affiliates and representatives), or other platform users when made via the platform, may be monitored and recorded for quality assurance and training purposes.
16. Third-Party Content
Reviews, profiles, advice, opinions, statements, offers, postings, or other information or content made available through the Services, but not directly by HostEasy, are those of their respective authors, who are solely responsible for such content.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HostEasy LLC DOES NOT: (A) WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES; OR (A) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN HOSTEASY.
17. Third-Party Applications
These Terms apply to your use of the Services, including the HostEasy LLC applications (each an “Application”) made available by third-party providers such as Apple, Inc. and Google, Inc. (each a “Provider”) through their respective online stores, but the following additional terms also apply to each Application:
18. Third-Party Beneficiaries
Host-Hands (when the Terms are agreed to between HostEasy LLC and a Event/Home Host) and Event/Home Hosts (when the Terms are agreed to between HostEasy LLC and a Host-Hand) are each a third-party beneficiary of these Terms, and that upon acceptance of these Terms, the Host-Hand or Event/Home Host (respectively) will have the right (and will be deemed to have accepted the right) to enforce these Terms as the third-party beneficiary hereof, including without limitation the Arbitration Agreement & Waiver of Certain Rights.
19. Suspension and Termination
We reserve the right to not provide the Services to any person. We also reserve the right to suspend or terminate any user’s right to access the Services at any time, in our sole discretion, for any reason (or no reason at all), including, without limitation, with respect to Event/Home Hosts, below average ratings or reviews of you by Host-Hands. If your conduct on the Services or with respect to the Services is inappropriate or unsafe or you violate any of these Terms or the Additional Terms, your permission to use the Services automatically terminates.
20. Disclaimer and Limitations on Our Liability
20.1 General Disclaimer and Limitations
YOU USE THE SERVICES AND ANY CONTENT AND PRODUCTS AVAILABLE ON OR THROUGH THE SERVICES AT YOUR OWN RISK. THE SERVICES AND ANY CONTENT AND PRODUCTS AVAILABLE ON OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, HostEasy LLC AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
IN PARTICULAR, HostEasy LLC AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES, PRODUCTS OFFERED FOR SALE THROUGH THE SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SERVICES. HostEasy LLC AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY, INJURY TO ANY GUESTS, OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (c) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES; (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR (e) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED OR ANY PRODUCT OFFERED FOR SALE THROUGH THE SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE. YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PARTIES. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE SERVICES.
YOU FURTHER ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF YOUR PRIVACY, CONFIDENTIAL INFORMATION, DATA AND/OR CONTENT. WE HAVE NO OBLIGATION TO PROVIDE SECURITY. YOU SHALL HAVE SOLE RESPONSIBILITY FOR THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, APPROPRIATENESS, AND OWNERSHIP OF ALL OF YOUR DATA AND USER CONTENT THAT MAY APPEAR ON THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, COMPENSATORY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR EXAMPLE, WE SHALL NOT BE RESPONSIBLE FOR YOUR CONDUCT OR ANY THIRD-PARTY CONDUCT, INCLUDING WITHOUT LIMITATION, BODILY INJURY, INJURY TO ANY HOST, GUESTS, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES THAT MAY RESULT FROM YOUR USE OF THE SERVICES, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. FURTHERMORE, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE FOR ANY LOSSES, DAMAGE, OR HARM THAT ARISE OUT OF YOUR VIOLATION OF THESE TERMS OR ADDITIONAL TERMS.
HostEasy LLC is not held liable for (1) testing or failing to test or disclose any communicable disease;
(2) for failure to prevent the spread of the disease; (3) for failure to report the disease to authorities; or (4) or monitoring of others who: (a) May be infected with any communicable disease; (b) May spread any communicable disease
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID TO US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations. While we aim to display product colors and images as accurately as possible, we cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right to correct or update any information, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order), but disclaim any obligation to do so except as required by law.
You are solely responsible for determining whether services are suitable for your use. HostEasy LLC does not represent or warrant that such information is accurate or complete, and we recommend that you do not rely solely on the information presented.
You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of the bargain between the parties.
User Content, whether with content providers or other users, are at your own risk and are not covered by any privilege or confidentiality obligation that might apply if you were to obtain your own professional advice.
HostEasy LLC does not offer, administer, solicit, market, sell, underwrite, or in any way engage in the business of insurance for Host-Hands or Home Hosts (Hosts).
You agree to indemnify and hold harmless HostEasy LLC and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) of any kind or nature, arising from or relating to, any (i) actual or alleged breach of these Terms or the Additional Terms by you or anyone using your account, including claims arising from a breach of any of the Event Host Obligations set forth in these Terms or Additional Terms; (ii) transactions, interactions or disputes with other users of the Services, whether online or offline; (iii) your misstatements, omissions, misrepresentations, or violation of applicable law; (iv) any of Your Content; (v) any text messages or other communications that you initiate to other Users or to third parties through our Services; and (vi) the actions of your guest(s), including any property damage or personal injury to third parties caused by guests under your care. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE AND INVESTIGATION OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR PRIOR WRITTEN CONSENT.
22. Arbitration Agreement & Waiver of Certain Rights
For purposes of this Section 22 (“Arbitration Agreement”), references to “HostEasy” include our Affiliates.
a. Applicability. You and HostEasy LLC agree that any dispute or claim arising out of or relating in any way to your use of the Services, these Terms, the Additional Terms, your relationship with HostEasy, or your receipt of any communications from HostEasy LLC will be resolved by binding arbitration on an individual basis, rather than in court, except that you may assert claims in small claims court to the extent your claims qualify, remain in such court, and advance solely on an individual basis. “Disputes” or “claims” under this provision shall include, but are not limited to, any dispute, claim, or controversy, whether based on past, present, or future events, arising out of or relating to: the Terms, the Additional Terms and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Services, any other goods, services, or content made available through the Services, your relationship with HostEasy LLC, the threatened or actual suspension, deactivation, or termination of your account with HostEasy LLC, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by HostEasy LLC, any communications you receive from HostEasy LLC, any claims for fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws, claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act, and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. Notwithstanding anything to the contrary herein, if you are an employee of HostEasy LLC, this Arbitration Agreement will not apply to any claims or disputes arising out of your employment relationship with HostEasy LLC and any such claims and disputes may be governed by separate agreements.
b. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to General Counsel, HostEasy LLC. The arbitration will be conducted by the American Arbitration Association (“ AAA”), an established alternative dispute resolution provider and conducted under AAA’s most current version of the Commercial Arbitration Rules and procedures available at http://www.adr.org/sites/default/files/CommercialRules_Web.pdf. AAA’s rules are also available by calling AAA at 800-778-7879. If AAA is not available to arbitrate, the parties will select a reasonably equivalent alternative arbitral forum. If the arbitrator finds that you cannot afford to pay the filing, administrative, hearing, and/or other fees necessary for the arbitration and you cannot obtain a waiver for such fees, HostEasy LLC will pay them for you. In addition, HostEasy LLC will reimburse all such filing, administrative, hearing, and/or other fees for proceedings involving claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. HostEasy LLC will not seek attorneys' fees and costs in arbitration unless the arbitrator determines your claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, in person, or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. Authority of Arbitrator. The arbitrator -- not a court -- shall have exclusive authority to (i) determine the scope and enforceability of these Terms (including this Arbitration Agreement), (ii) resolve any dispute related to the interpretation, applicability, enforceability, or formation of these Terms (including this Arbitration Agreement), including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable, and (iii) resolve any disputes or controversies regarding or arising out of the applicability of these Terms, the Additional Terms, the HostHand Platform Use Agreement, and/or any other concurrent agreement, to any particular claim or dispute, consistent with the AAA Commercial Arbitration Rule R-7 (or similar rule if not arbitrated by the AAA). The arbitration will decide the rights and liabilities, if any, of you and HostEasyLLC. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including this Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and HostEasy.
d. Waiver of Jury Trial. YOU AND HostEasy LLC HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
e. Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE PARTY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER PARTY. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the federal or state court located Dallas County Texas for adjudication before a judge, not a jury. All other claims shall be arbitrated.
f. 30-Day Right to Opt Out. You have the right to opt out of the provisions of these Terms that mandate arbitration by e-mailing a written notice of your decision to opt out to: email@example.com within 30 days after first becoming subject to a version of these Terms containing an arbitration provision. Your notice must include your name and address, your HostEasy LLC username (if any), the email address you used to set up your HostEasy LLC account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of arbitration, all other parts of this Agreement will continue to apply to you. With the sole exception of the HostHand Platform Use Agreement if you are a HostHand, opting out of arbitration has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with HostEasy. If you are a HostHand, a timely opt out of the Arbitration Agreement in these Terms will also apply to the Mutual Arbitration Provision of the HostHand Platform Use Agreement, provided that the opt out would be timely under the terms of the HostHand Platform Use Agreement as well.
g. Survival of Arbitration Agreement. This Arbitration Agreement will survive the termination of your relationship with HostEasy.
h. Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if HostEasy LLC makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by emailing HostEasy LLC a notice of your rejection to firstname.lastname@example.org Your rejection of any such changes shall not affect the enforceability of any prior version of this Arbitration Agreement, or of any other agreement to arbitrate, that you previously entered into with HostEasy.
23. Other Provisions
Under no circumstances will HostEasy LLC be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any conflict of laws rules or provisions. In the event the Arbitration Agreement above is found not to apply to you or a particular claim or dispute, you agree that any action of whatever nature arising from or relating to these Terms or Services will be filed only in the state or federal courts located in Dallas County Texas. You and HostEasy LLC consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
YOU AND HostEasy LLC HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDINGS ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, THESE TERMS, THE ADDITIONAL TERMS, YOUR RELATIONSHIP WITH HOSTEASY, OR YOUR RECEIPT OF ANY COMMUNICATIONS WITH HOSTEASY.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of these Terms will not be deemed a waiver and will not prevent us from enforcing such right or provision in the future.
We may freely assign our rights and obligations under these Terms, including in connection with a merger, acquisition, reorganization, sale of assets or equity, or by operation of law. You may not assign any rights or obligations under these Terms without the prior written consent of HostEasy LLC and any purported assignment in violation of this provision shall be null and void.