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Last Updated: 03/22/2018
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITES AS A GUEST OR AS A MEMBER. BY CONTINUING TO ACCESS OR USE THE WEBSITES OR SERVICES PROVIDED BY HOMEEXCHANGE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS.
If you do not agree with these Terms, you do not have the right to access the Websites or utilize any of the services provided by HomeExchange.
A few important points:
· You are only eligible to use the Websites if you are at least eighteen (18) years of age.
· We may update these Terms from time to time and such changes will become applicable to you if you continue to use the Websites at any time after such changes are posted. We will notify you of any changes made to these Terms by changing the “Last Updated” date at the top of these Terms. Review any changes, and if you do not agree to them, please stop using the Websites.
“Exchange” means the act of making your home or other accommodation available to another Member, whether Balloon, Reciprocal, Simultaneous, Non-simultaneous, or Hospitality Exchange. The types of Exchanges that are offered through the Website can be found here, and are explained in further detail herein:
“Exchange Partner” means Members with whom you Exchange.
“Host Member” means a Member offering the use of his or her property to another Member pursuant to an Exchange agreed to in accordance with these Terms.
“Hosted Member” means a Member using the property belonging to a Host Member pursuant to an Exchange agreed to in accordance with Terms.
“Listing” means any property described on the Website(s) published by a Member. Listings may include, without limitation, homes, townhomes, flats, condominiums, apartments, boats, RVs, campsites, and any type of property which can reasonably be expected to provide a nightly accommodation and which you have the legal and contractual right to offer. Each Listing has a unique identification number on the Websites.
“Member” is a person who is enrolled in the Club, as defined hereunder.
“Membership” is your membership in the Club.
“We”, “us”, “our,” and the “Club” means HomeExchange; and
“I”, “you”, “your”, “ yourself” means any Member or Guest who uses any of the Websites and/or accesses the services of the Club.
The Websites may contain areas in which you may post or submit information (“User Content”). Please review these terms carefully. We reserve the right to remove or refuse any User Content that does not comply with the rules set forth herein.
When using the Websites, you agree that you will:
(i) Only post User Content to the Websites if you have all permissions and rights needed to make that content available, including from any individuals who appear or are mentioned in your User Content.
(ii) Not provide false or misleading information to any Guest, Member, or the Club.
(iii) Not post on the Websites, or transmit to other Guests, Members, us, or our employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material or communication, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
(iv) Not use any of the Websites or the Club to violate any applicable law and do not post or send any content or engage in any conduct that subjects any Guest, Member, or us to any threat of civil or criminal penalties.
(v) Not upload or transmit any files that contain viruses, corrupted files, Trojan horses, malicious code, or any other similar software or programs that may harm the operation of another's computer or gain otherwise unauthorized access to the computer.
(vii) Not accept payment from a third party in exchange for performing any commercial activity on the Websites in violation of these Terms without HomeExchange’s express permission.
(viii) Not impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
You further agree that:
(i) You assume all liability for your use of any information appearing on any of the Websites.
(ii) You have the authority to enter into this Agreement, to post your Listing and to offer it for Exchange.
(iii) You are solely responsible for your communications and relationship with other Members.
(iv) HomeExchange reserves its right to sign out, terminate, delete, or purge your Listing and related information from the Website and our servers if you have not signed in to the service for a particular period of time, as determined by us, in our sole discretion.
Any web address or URL links must be approved by HomeExchange. Email addresses and other contact information must reside only in the authorized locations within the Listing. All other references to specific web addresses, websites, email addresses or phone numbers may be removed without notice.
Members . Only Members can use the Websites to arrange for and register Exchanges. Members also are entitled to certain services subject to these Terms, including the right to access the Websites, create Listings, save searches, and contact other Members.
Guests . If you have not elected to join as a Member but use the Website, you do so as a Guest of the Club (a “Guest”). Guests may be offered access to privileges that are similar to those offered to Members, but such access may be limited by the Club, in its sole and absolute discretion. For instance, Guests will be allowed limited rights to browse the Websites, but will not be able to initiate Exchanges. When using any of the Websites or Club services, Guests agree to comply with all of the requirements herein.
Listing a Property . Only active Members can create a listing offering their property for an Exchange (“Listing”). Members can list permanent residences and vacation homes. The Club relies on the integrity and responsibility of the Members who choose to list their property and is only responsible for publishing their Listings on the Websites. The Club does not verify the existence or accuracy of the description of any Listing and does not guarantee an Exchange of any kind other than as explicitly set forth on the Websites. Members may “hide” or “unhide” their Listing at any time and at no charge by logging in to their Listing page and choosing that option.
Sending and Receiving Inquiries . Only active Members can send and receive inquiries about Exchanges.
Exchanges . Once Members are confident that they would like to exchange and have fully agreed to dates and all other details using our secure messaging system or otherwise, the Members must register the Exchange using the digital HomeExchange Agreement. The digital HomeExchange Agreement can be accessed at the bottom of any message trail in the HomeExchange Inbox. For additional information on arranging an Exchange and entering into an Exchange Agreement, please visit https://homeexchange.zendesk.com/hc/en-us/articles/115004197005-Home-Exchange-Agreement
You are not eligible for Membership in the Club if you are under the age of eighteen (18) or you are otherwise incapable of forming a legally binding contract. Your Membership is for your sole, personal use. Companies and businesses may not be Members.
You may not authorize others to use your Membership, and except as otherwise expressly provided in the Section entitled “Right to Assign” below, you may not assign or otherwise transfer your account to any other person or entity.
A. MEMBER CANCELLATION AND REFUND POLICY
Cancelling within Sixty (60) days. If you decide to cancel your HomeExchange subscription within sixty (60) days after the processing of your payment for your subscription, have not registered or confirmed an Exchange and do not have any outstanding Exchanges pending, you can do so by clicking on the HomeExchange “Contact Us” link at the bottom of all site pages and then submitting a cancellation request to “Payment Questions.” Please include the email address associated with your Membership and your Listing identification number in your cancellation request. The cancellation request for a full refund must be received by sixty (60) days after the process of your payment for your subscription to receive a full refund. A full refund for your annual subscription will be refunded to your credit card or PayPal account depending on your payment method within three to five (3-5) business days after your refund is approved. Your subscription service will be terminated immediately upon HomeExchange’s approval of your refund and all Balloons (as defined herein) earned by the Member will be cancelled at that time.
Cancelling after Sixty (60) days. If you decide to cancel your HomeExchange subscription more than sixty (60) days after the processing of your payment for your subscription, have not conducted any Exchanges (including the use of a Balloon) during the current Membership, and do not have any outstanding Exchanges pending, you can do so by clicking on the HomeExchange “Contact Us” link at the bottom of all site pages and then submitting a cancellation request to “Payment Questions.” Please include the email address associated with your Membership and your Listing identification number in your cancellation request. A prorated refund of your annual subscription will be refunded to your credit card or PayPal account depending on your payment method within three to five (3-5) business days after your refund is approved. The prorated refund amount will be prorated to include the number of days from the date of the approval of your refund to the end of your annual subscription. Your subscription service will be terminated immediately upon HomeExchange’s approval of your refund and all Balloons earned by the member will be cancelled at that time.
Partial refunds for Improper Charges. If you believe that you have been improperly charged or the amount of your subscription is incorrect, you may request a partial refund within sixty (60) days of your payment of your annual subscription. You can do so by clicking on the HomeExchange “Contact Us” link at the bottom of all site pages and then submitting a request to “Payment Questions.” Please include the email address associated with your Membership and your Listing identification number in your request. If your partial refund is approved, the partial refund will be refunded to your credit card or PayPal account depending on your payment method within three to five (3-5) business days after your partial refund is approved.
B. PROMOTIONAL TRIAL MEMBERSHIPS
The Club will sometimes offer certain customers various trial or other promotional Memberships, which are subject to these Terms except as otherwise stated in the promotional offers. Trial Members may, at any time, choose not to commit to paid Membership by cancelling prior to the end of the trial period. Trial Members can notify the Club that they choose not to commit to paid Membership by clicking on the HomeExchange “Contact Us” link at the bottom of all site pages and submitting a cancellation request. Please include the email address associated with your Membership and your Listing identification number in your cancellation request. If a trial offer or a promotion requires you to have a valid payment instrument on file, such as a credit card or other permitted payment method, we may validate that payment method including by requesting a temporary authorization from the financial institution issuing your payment instrument. If we determine that your payment method is invalid, without limiting any of our other rights, we may revoke any benefits, credits or content you may have received as part of the offer.
C. GUARANTEE YEAR
If a Member doesn’t arrange an Exchange in their first year of paid Membership, the second year of Membership is granted free of charge. To qualify for a Guarantee Year, you must apply to HomeExchange and you must
1. Have been a paying Member for one year;
2. Have posted a Listing which is at least 34% complete, containing at least one photograph;
3. Have the Listing visible on the Website for at least ten (10) months of the year; and
4. Have sent at least five (5) Exchange inquiries to other Members.
D. HOMEEXCHANGE BALLOON PROGRAM
All Members are provided with access to our Balloon Program. Members are also given the option to opt out of the program at any time.
Balloons can be earned by registering to host another Member who holds a Balloon within the first year of Membership. If a Member has not been able earn a Balloon within the first year, we will gift one Balloon upon receipt of that Member’s first renewal payment. If the Membership payment is made early, the Balloon will not be credited until the end of the first year.
If renewal Membership is paid early and the Member receives a Balloon from another Member before the actual expiry date of Membership, that Member will not receive a gift Balloon from us.
As with all Exchanges, Balloon Exchanges must be registered through the site prior to the Exchange taking place.
If the Host cancels a registered Balloon Exchange, irrespective of the reason, the Balloon must be returned to the Guest. If the Host Member has already used the Balloon prior to the cancellation, they will be removed from the Balloon program and their Membership may be terminated.
If the Guest cancels a Balloon Exchange irrespective of the reason, it is at the discretion of the Host whether the Guest receives their Balloon back. If the Host chooses not to confirm the cancellation, the Guest will lose their Balloon.
A Balloon cannot be requested for the second part of a non-simultaneous exchange which hasn’t been completed.
Balloons are non-transferrable except through the HomeExchange Balloon Program and must be redeemed for a genuine stay.
You cannot host the same Member via the Balloon Program more than once in any consecutive three hundred sixty five (365) days.
You cannot request to be hosted via the Balloon Program unless you have a Balloon.
If a Membership is cancelled or expires, all Balloons in that account will expire immediately upon the cancellation or expiration of the Membership. If the Membership is renewed within thirty (30) days of expiration, the Balloons will be reinstated.
E. REFUNDS IN THE EVENT OF TERMINATION OF YOUR MEMBERSHIP
As further explained below, we may terminate your Membership at our discretion without notice. If we do so, unless otherwise set forth in these Terms, we will give you a prorated refund based on the number of days remaining in your Membership. However, notwithstanding anything to the contrary set forth herein, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the Websites or Club, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
F. OUR RIGHT TO REFUSE SERVICE AND SUSPEND OR TERMINATE MEMBERSHIP
The Club reserves the right to refuse service to anyone, terminate any Membership, or remove any Listing, for any reason and at any time, at our sole and absolute discretion.
Grounds considered for termination may include, without limitation, behavior the Club considers to be inappropriate, including in connection with the review of any dispute, and any action that we feel compromises the reputation or security of the Websites, adversely affects other Members or their property, or any action that we believe may be detrimental to the Club. The Club further reserves the right to terminate any Membership if it determines, in its sole and absolute discretion, that a Member has violated these Terms; if any information provided by a Member is found to be materially misrepresented, or if a Member’s Listing or actions are in violation of any law or any provision of these Terms, including if such Member’s account has been suspended or terminated in the past.
If you are a Member, you agree to abide by the following Membership Code of Conduct:
(i) You shall not provide false or misleading information to the Club or its Members, and are obligated to accurately describe your Listing on the Websites and in all correspondence with the Club and its Members. All Listings shall reflect an accurate description of the property, including, without limitation, the type, number and size of rooms, and photos or videos of the property. Any interior or exterior photos posted must be of the property offered for Exchange, unless specifically indicated. The omission of any detail which a reasonable person may find relevant may be treated the same as an inaccurate description.
(ii) You shall only post information and photographs related to one property on each Listing.
(iii) You shall only post Listings on your own behalf. You shall not post a Listing on behalf of another person.
(iv) You shall not use the Websites or a Listing to offer other properties than those described in your Listing or Listings.
(v) Any Listing you publish on the Websites shall be posted for the exclusive purpose of seeking an Exchange with other Members. Renting rooms or homes is not permitted on the Website(s). Although we recognize that many Members do rent their homes through other peer-to-peer rental sites, renting or any commercial activities are expressly prohibited on the Websites. Listings may not contain details relating to rental or links to rental websites and Members must not instigate contact with other Members to offer their property for rental or respond to an exchange request with the offer of rental.
(vi) Until you have registered your Exchange, you are under no obligation to Exchange with any other Member who has contacted you or whom you have contacted. As stated above, an Exchange is considered “registered” if the Members have entered into the digital Exchange Agreement provided on the Websites by HomeExchange.
(vii) You shall not advertise to or solicit other Members to buy or sell any products or services.
(viii) Any Listing you post shall not breach any agreements you have entered into with any third parties, including but not limited to homeowners’ associations, co-op or condominium boards, landlords, and insurance companies, and must comply with all laws, rules, and regulations applicable to you and your property. You are responsible for investigating and adhering to all local regulations including, but not limited to, permits, licenses, occupancy taxes, zoning, rules and restrictions applicable to co-ops, condominiums, Home Owners Associations, and other common interest developments, and safety compliance.
(ix) You are responsible for ensuring that your Account contains relevant and current contact information including your name, email address and telephone number.
B. Negotiating an Exchange
(i) You are expected to be understanding of the small obstacles associated with dealing with personal, cultural and language differences.
(ii) You are responsible for conducting your own investigation regarding any and all claims and disclosures made by prospective Exchangers, owners or agents, whether or not Members, who have contacted you.
(iii) If you negotiate an Exchange on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host Member, and is made aware of and agrees to these Terms and any terms, rules, or restrictions set by the Host Member. If you are registering for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Exchange if accompanied by an adult Member who is responsible for them.
(iv) You should carefully review the Listing and any correspondence to ensure that you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness, or other requirements which the Host Member has specified in the Listing or the negotiations. You are required to inform the Host Member of any medical or physical conditions or other circumstances that may impact your and any additional guest’s ability to safely participate in any Exchange. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Exchange.
(v) Members are prohibited from (1) initiating contact with other Members with offers to rent their homes and (2) responding to Exchange inquiries with offers to rent their homes. Correspondence between Members should be for sole purpose of arranging an Exchange between and among Members.
(vi) Members are prohibited from discriminating against or harassing anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation, or otherwise engaging in any abusive or disruptive behavior.
C. Registering an Exchange/Cancelling a Registered Exchange
(i) Members should not register an Exchange unless they intend to fulfill that commitment. Cancelling or changing a registered Exchange can have financial consequences to you and your Exchange Partner. You will honor any and all obligations you make to Exchange Partners and use best efforts to mitigate any loss caused by your failure to do so. If, for any reason you cancel or change a registered Exchange (with or without justification), you will assist your Exchange Partner in making substitute arrangements, finding alternative accommodations, paying reasonable compensation for such accommodations if necessary, and/or by reimbursing your Exchange Partner for non-refundable travel expenses. The Club will assist in these efforts if contacted by a Member. However, HomeExchange is in no way responsible for and shall have no obligations to assist with an Exchange that is not registered through the Websites. If you fail to fulfill any obligations, as determined in the sole discretion of the Club, your Listing may be removed from the site and your Membership may be permanently canceled, without refund.
D. Responsibilities Towards Exchange Partners
(i) Host Members must keep any property subject to an exchange in a clean, sanitary, and livable condition before the arrival of an Exchange Partner. Unless expressly stated on the Listing or in the agreement with your Exchange Partner, your property must include running water, electricity, and any additional amenity agreed upon with your Exchange Partner.
(ii) Host Members must leave detailed instructions for the home and appliances and include emergency contact names and telephone numbers for the Hosted Member. Hosted Members must adhere to all of the Host Member’s instructions during the Exchange.
(iii) Exchange Partners must adhere to the registered Exchange Agreement made between them.
(iv) Exchange Partners must treat each other with courtesy and treat each other’s property as they would treat their own.
(v) If you or your guests cause any damage to your Host Member’s property, you must notify the Host Member immediately and compensate your Host Member for any replacement or repair necessitated by such damage.
(vi) You must ensure that the Host Member’s property is fully secured when it is not occupied, including setting any security alarms and abiding by any security instructions left by the Host Member.
(vii) You must leave the Exchange no later than the time mutually agreed upon between you and the Host Member. If you stay past the agreed upon checkout time without your Exchange Partner’s consent (“Overstay”), you no longer have a license to stay on your Exchange Partner’s property and your Exchange Partner is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by your Exchange Partner, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, any fees reasonably necessary to cover the inconvenience suffered by your Exchange Partner, plus all any legal expenses incurred by your Exchange Partner to make you leave (collectively, “Overstay Fees”).
(viii) You must leave your Host Member’s property in as good or better condition than you found it.
Members have a reasonable expectation of privacy while exchanging. You expressly agree to disclose the existence of any security cameras or other surveillance equipment on or around your property to your Exchange Partners by posting this information on your Listing and/or in your communications. Certain uses of surveillance equipment may violate the law in your jurisdiction. As HomeExchange cannot provide specific legal advice, you agree to familiarize yourself and comply with applicable laws and regulations.
This provision is intended to create a binding legal obligation that may increase your obligations beyond those imposed by the laws in your region. Failure to comply will result in the immediate termination of your Membership and may have serious legal and financial consequences to you.
F. Consequences of a Violation
Should you violate any terms of the Membership Code of Conduct, HomeExchange reserves the right to take certain remedial actions, including but not limited to permanently cancelling your Membership without refund. If your Exchange Partner has violated the Membership Code of Conduct or any of these Terms, please contact us at: email@example.com
The Websites are a service offered by HomeExchange, a private membership organization, and any information that is exclusively available to Members is private and not in the public domain. All content made available exclusively to Members is for the purpose of arranging home Exchanges between Members.
Inquiries and communications may be monitored and filtered by the Club prior to delivery to Members. The Club is not responsible for undelivered inquiries or for missed income as a result of undelivered inquiries.
COMMUNICATIONS SENT BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC MAY BE REVIEWED BY US FOR COMPLIANCE WITH THESE TERMS, BUT WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH CONTENT THAT, IN OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THESE TERMS. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST AND COMMUNICATIONS YOU EXCHANGE.
The Club does not participate in or tolerate the sending of Unsolicited Commercial Email (“SPAM”). The Club reserves the right to cancel (without refund) any Member that mentions the Club or any of its associated websites, URLs, or any associated Club email address in any SPAM message. The Club reserves the right to cancel (without refund) any Member that uses the Club to send any solicitations other than personal Exchange requests or replies. Any violation of this paragraph shall subject the violator to severe penalties and you shall indemnify and hold the Club harmless from and against any and all costs and damages incurred by the Club as a result of such violation.
Ownership of Content. User Content is owned by you or whoever created it. By submitting or posting any User Content on the Website, you grant us a non-exclusive, transferable, sublicensable, royalty-free, irrevocable, worldwide license to use, copy, perform, reproduce, promote, publish, display and distribute any User Content and all copyright, in and to, each and every photograph, video, and all information related to your Listing or User Content. You grant these rights to us free of charge and without any commitment of an attribution as to authorship, ownership or other similar reference. You represent and warrant that you have the right to grant the rights and license in this paragraph. Please do not post any User Content unless you have permission from the person who took the picture and anyone who is depicted in the picture. We will be entitled to use your User Content without incurring obligations of confidentiality, attribution, or compensation to you.
Liability. You are responsible for determining whether User Content or information is protected by copyright, trademark, trade secret, right of publicity or other proprietary right. Except for that information which is in the public domain or for which you have been given express written permission you agree not to upload, post, or otherwise transmit any User Content or information protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. We take no responsibility for, we do not expressly or implicitly endorse, and we expressly disclaim any liability for the conduct of any Guests or Members or for any views, opinions or statements expressed in any User Content on the Websites. You use the Websites and view the User Content strictly at your own risk.
We reserve the right to revoke your use or access to the Websites at any time, in our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to the interests of HomeExchange or its subsidiaries and affiliates.
Except for User Content, all of the content on the Websites – including materials, text, images, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and other content (“Website Content”) – is owned by HomeExchange or others we license the Website Content from, and is protected under the United States’ and other countries’ copyright laws.
All trademarks, logos, service marks and trade names are owned, registered, and/or licensed by HomeExchange or its parent or affiliate companies.
You agree not to change or delete any ownership notices from materials downloaded or printed from the Website.
You agree not to copy, edit, translate, display, distribute, download, transmit, sell, redistribute, publish, or create derivate works from any content appearing on the Website, including Website and User Content, without our prior written consent, unless it is your own User Content that you legally post on the Website.
We respect the intellectual property rights of others and require that you do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to the Company’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
· A physical signature of the person authorized to act on behalf of the owner of the copyright;
· A description of the copyrighted work that you claim has been infringed;
· A description of where the material that you claim is infringing is located on the Services;
· Your address, telephone number, and email address;
· 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; and
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
HomeExchange.com Copyright Agent
c/o Loeb & Loeb LLP
345 Park Avenue
New York, NY 10154
The Websites may contain links to other sites maintained by third parties. These links are provided only as a convenience to you. HomeExchange, its subsidiaries and affiliated companies have no control over, and are not responsible for any content, products or services offered by or found on third party sites, or their privacy policies. Links to third party sites do not constitute an assumption of liability or sponsorship, endorsement or approval of these sites or the content contained in these sites.
Use of any of the Websites and any information obtained from the Websites is at your sole risk. The Club makes no guarantees or warranties, either express or implied, regarding any Exchange and/or the properties, personal and/or real, included in any Listing or Exchange available through the Websites. The Club makes no warranty of any kind, express or implied, as to the Listings, Exchange Partners, or any other information contained on the Websites, including, but not limited to, accuracy and non-infringement. The Club has the right, but not the obligation, to pre-screen, monitor or remove any User Content. The Club uses various tools and procedures designed to screen Members; however, the Club does not perform background checks, require references or its prospects, or accept any obligation to independently verify the information posted by its Members on their Listings. The Club makes no representations or warranties as to the conduct of Members or Guests, or the adequacy of a Member's property published on a Listing, including as to whether a relationship between Members complies with federal, state, or local laws, third party agreements, or other rules and regulations.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF AND RELIANCE ON ANY INFORMATION OBTAINED FROM OR THROUGH THE WEBSITES. YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES AND ANY FEATURE ON THE WEBSITES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. THE HOMEEXCHANGE AND ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSEES (the “ HOMEEXCHANGE PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF ANY INFORMATION INCLUDED ON THE WEBSITES, THE OPERATION OF THE WEBSITES OR THE INFORMATION, CONTENT, FEATURES, MATERIALS, OR PRODUCTS INCLUDED HEREIN.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HOMEEXCHANGE PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
In no event shall the Club be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website and/or HomeExchange’s services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this service.
THE HOMEEXCHANGE PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITES OR THE ACCURACY OF ANY INFORMATION INCLUDED HEREIN, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITES, ANY DELAYS ON THE WEBSITES, OR THE INABILITY TO USE THE WEBSITES, ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE HOMEEXCHANGE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE THAT HOMEEXCHANGE DOES NOT CONTROL, IN ANY RESPECT, ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH ANY WEBSITE INCLUDING THE WEBSITES.
Opinions, advice, statements, offers, or other information or content made available through the Websites, but not directly by us, are those of their respective authors, and should not necessarily be relied upon.
WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE, NOR ARE WE RESPONSIBLE FOR, THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN US. UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY PERSON'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS.
Some jurisdictions do not allow the disclaimer, exclusion or limitation of certain warranties, liabilities and damages, so some of the above disclaimers, exclusions and limitations may not apply to you. In such jurisdictions, the liability of the HomeExchange Parties will be limited to the fullest extent permitted by applicable law.
HomeExchange cannot be held responsible for any events that occur as a result of any relationship between Members or Guests using the Websites. Any disputes arising from the use of the Club or the Websites must be settled between the parties who directly participated in the transaction or other use of the property in question. Members shall use their best efforts to attempt to resolve disputes arising out of or relating to an Exchange by amicable discussion. If you have a dispute with one or more of our Members or Guests, you release the HomeExchange Parties (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
To contact us regarding a dispute, please email firstname.lastname@example.org
You shall remain solely responsible for any claims, demands, or damages arising out of the breach or violation of third-party agreements or obligations to which you or your property are subject, including but not limited to lease agreements, insurance policies, home owners’ association regulations, condominium or co-op board bylaws, and state and local law. You release the HomeExchange Parties from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of in any way connected any third-party agreement or obligations to which you or your property are subject.
It is the responsibility of Members to verify their own insurance coverage and the coverage provided by their Exchange Partner, including auto, property, and liability. You shall remain solely liable in the event that your participation in an Exchange violates an agreement or policy with your insurance provider.
YOU AND HOMEEXCHANGE AGREE THAT ALL CLAIMS SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY.
Either you or HomeExchange may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York necessary to protect the rights or property of you HomeExchange pending the completion of Arbitration.
If any provision of this agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this Section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). Furthermore, this section shall not prevent any party from seeking provisional remedies in aid of Arbitration from a court of appropriate jurisdiction.
This section shall survive any termination of the Websites. In the event that the arbitration provisions above are found not to apply to you or to a particular claim or controversy, either as a result of your decision or as a result of a decision by the arbitrator or a court order, you agree that any claim must be resolved exclusively by a state or federal court located in New York County, New York. You and HomeExchange agree to submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such claims or controversies.
Arbitration Opt-Out. YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO ANY PARTICULAR INTERACTION WITH THE PLATFORM, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT-OUT OF THIS PART OF THE AGREEMENT BY SENDING AN EMAIL TO email@example.com. Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via Arbitration pursuant to these Terms.
The parties shall be bound by the results of the Arbitration and the Arbitration result shall be final. You agree to service of process by email to the email address you register with the Websites. The parties shall initially both bear their own costs of the Arbitration. The prevailing party in any action arising out of or relating to this Agreement shall be entitled to recover costs, expert witness fees, attorneys' fees and arbitrator's fees. VOID WHERE PROHIBITED.
The Websites and its contents are intended to comply with the laws and regulations of the United States HomeExchange reserves the right to limit the provision of its services to any person, geographic region, or jurisdiction and/or to limit the quantities of any services we provide. Any offer for any service made on the Websites is void where prohibited.
If a dispute arises between any Member or Guest regarding the Websites or the services of the Club, any legal action will be brought exclusively in New York County, New York, United States of America.
Notwithstanding the foregoing, as a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.
If any part of these Terms is illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity, or enforceability of the remainder of these Terms will remain in full force and effect.
No failure or delay by HomeExchange in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.
The headings in these Terms are for convenience only and have no legal or contractual effect.
The Club may assign its rights to this Agreement without your consent or notice to you. You may not assign these Terms without the prior written consent of HomeExchange.
If you have any questions or concerns about these Terms, please contact us by email at firstname.lastname@example.org or write us at:
45 Prospect Street
Cambridge, MA 02139