Guesthop provides property and guest management services such as:
Guesthop gives hosts the ability to maximize their rental capacity hassle free! Hosts can relax knowing their guests are in good hands!
We take your trust very, very seriously at Guesthop. That is why our services are performed by our certified Hoppers. Hoppers are highly vetted by the Guesthop team members who ensure the highest quality of management and service. On top of our vetting process, Guesthop's services for hosts are fully insured.
*Charged once per guest turnover
Feel free to contact us as well!
As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
Our primary goals in collecting information are to provide and improve our Site, Application, services, features and content, to administer your use of the Site and Application (together, the "Service") and to enable users to enjoy and easily navigate the Site and Application.
When you register with us through the Site or Application and become a Member and when you choose to book a service, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you ("Identity Information"). Identity Information includes, but is not limited to, your name, phone number, email address, and home postal address, but does not include your credit card number or billing information. In order to process some of your transactions through the Site and Application, we may also ask for your credit card number and other billing information ("Billing Information") (Identity Information and Billing Information together, "Personal Information"). If the address of a Listing you post matches that of your credit card billing address, that address would be considered Identity Information. Some Personal Information is required, like your name and email address, and other Personal Information is optional, like your date of birth. We use your Personal Information to provide the Service and administer your inquiries.
We collect Personal Information in connection with your registration to join the Service. You can register to join via the Site or Application by completing the required forms.
You can also register to join by logging into online accounts you may have with third party service providers ("SNS")(e.g. Facebook); each such account, a "Third Party Account", via our Site or Application as described below. As part of the functionality of the Site, Service and Application, you may link your Guesthop Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Guesthop through the Site, Service or Application; or (ii) allowing Guesthop to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Guesthop and/or grant Guesthop access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Guesthop to pay any fees or making Guesthop subject to any usage limitations imposed by the applicable SNS. If you decide to register by logging into a Third Party Account via our Site or Application, we will obtain the Personal Information you have provided to the applicable SNS (such as your "real" name, email address, profile picture, names of SNS friends, names of SNS groups to which you belong, other information you make publicly available via the applicable SNS and/or other information you authorize Guesthop to access by authorizing the SNS to provide such information) from your Third Party Accounts and use that information to create your Guesthop Account and Guesthop account profile page and you will become a Member. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your Guesthop Account on the Site, Service and Application. If there is information about your “friends” or people with whom you are associated in your Third Party Account, the information we obtain about those “friends” or people with whom you are associated, may also depend on the privacy settings such people have with the applicable SNS.
We also collect the other information that you provide as part of registration and the administration and personalization of your Guesthop Account profile (e.g., without limitation, zip code (on its own) and individual preferences or demographic information) ("Non-Identifying Information").
We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.
Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your demographic information). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Guesthop Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site, Application and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
We also use your Personal Information to contact you with Guesthop newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “Notifications” information. Please note that we may also use your Personal Information to contact you with information related to your use of the Service; you may not opt out of these notifications
When you visit the Site and Application, whether as a Member or a non-registered user just browsing (any of these, a "Guesthop User"), our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type or the webpage you were visiting before you came to our Site and Application, pages of our Site and Application that you visit, the time spent on those pages, information you search for on our Site and Application, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site, Application and the Service and for the Site and Application’s technical administration, to increase our Site and Application's functionality and user-friendliness, and to better tailor our Site and Application to our visitors' needs. We also use this information to verify that visitors to the Site meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
Our Site and Application may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site and Application are used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.
Identity theft and the practice currently known as "phishing" are of great concern to Guesthop Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your Guesthop Account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission's website at http://www.ftc.gov.
The Site, Application and Service can be used to facilitate the listing and booking of services. Listings for such services are made available via the Site, Application and Service by Hosts/Property Owners.
When you create a Guesthop Account, we will set up a Guesthop Account profile page for you. Your Guesthop Account profile page will include your first name and last initial. You can select the other items of Personal Information that you wish to be included in your Guesthop Account profile page – including, but not limited to, a profile picture, a list of the SNS groups to which you belong, a list of any of your SNS friends or connections who are also Members of Guesthop connections you have established between your Account and any SNSs, and a biography and links to your Listings, if applicable (together, your "Profile Information"). We will display your Profile Information in your Guesthop Account profile page publicly via the Site and Application, and, with your prior permission, on third party sites. Any information you choose to provide as part of your Profile Information will be publicly visible to all Guesthop Users and consequently should reflect how much you want other Guesthop Users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages. You can review and revise your Profile Information at any time.
We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
Guesthop cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Guesthop or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
We will disclose any information about you to government or law enforcement officials and to our insurance services providers as we, in our sole discretion, to protect the property and rights of Properly or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
Guesthop may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us at email@example.com or editing the relevant part of their profile. If you would like us to cancel your Guesthop Account, please contact us or select the "Cancel Account" feature of the Service and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your Guesthop count. Please note that, if you cancel your Guesthop Account, any reviews you have posted via the Site and Application will remain publicly viewable via the Site and Application. Please see below for privacy contact information.
Guesthop is very concerned with safeguarding your information. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site and Application, you may contact us.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site and Application in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Our Site and Application may contain links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
With your consent we may post your testimonial on the Site and Application along with your name. If you want your testimonial removed please contact us.
Last Updated: Nov 25th, 2013
GUESTHOP, LLC is pleased to make its Service, as described below, available to you on the following terms and conditions. The Terms of Service are a legal contract between the individual using the Service (“you”) and GUESTHOP, LLC ("Company," "we," "us," or "our"). As referenced in this agreement, "Site" means the website operated by the Company and currently located at Guesthop.com, as it may be updated, relocated, or otherwise modified from time to time, and includes any and all information, text, images, and other materials and content appearing on or incorporated into that website. The terms "GUESTHOP" or "Service" mean the Site or any other web sites, networks, embeddable widgets, downloadable software, mobile applications including tablet computer applications (each an “App”), features, messages such as emails that we may send you, and services, whether on-line or off-line, owned or operated by the Company.
THE SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18, OR TO ANY PERSON SUSPENDED OR REMOVED FROM THE SERVICE BY THE COMPANY. BY ACCESSING, BROWSING, OR USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE.
If you are using the Service on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative with the authority to bind such organization to the Terms, and agree to be bound by the Terms on behalf of such organization.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOST/PROPERTY OWNERS (DEFINED BELOW) MAY BOOK (DEFINED BELOW) FOR CLEANINGS AND RELATED PROPERTY SERVICES SURROUNDING THE MANAGEMENT OF THEIR ACCOMMODATIONS (DEFINED BELOW). GUESTHOP HAS NO CONTROL OVER THE CONDUCT OF HOST/PROPERTY OWNERS, SERVICE PROVIDERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
Key Terms - "Guesthop Content" means all Content that Guesthop makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content. “Collective Content” means Member Content and Guesthop Content. "Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. “Service Provider” means a Member who has been requested to clean a Location via the Site, Application or Services, or a Member who assists the Host/Property Owner/owner in the exchange of keys or delivery of various items to a Location and is not the Host/Property Owner. “Host/Property Owner” means a Member who creates a Listing via the Site, Application and Services. “Listing” means a Location that is listed by a Host/Property Owner as available for cleaning, key exchange, or other related property management services via the Site, Application, and Services. "Member" means a person who completes Guesthop’s account registration process, including, but not limited to Host/ Property Owners and Service Providers, as described under "Account Registration" below. "Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services. "Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content. Materials Provided by You. The Company does not claim ownership of any Service requests, images, or other materials ("Submissions") you submit through Guesthop, however, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to provide any such materials for the Company’s use in providing the Service, and you agree to grant and hereby grant the Company a transferable, perpetual, irrevocable, sub- licensable, worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and exploit such Submissions on and/or in connection with the Service.
Username and Password. You must create an account in order to use some features of the Service. You are responsible for safeguarding the username and password that you use to access any secure or password-protected areas of the Service. You must not to disclose your password to any third party. You are solely responsible for any activities or actions under your username and password, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your username or password.
Connecting Your Account. By connecting to Guesthop with a third-party service (such as Twitter or Facebook), you give us permission to access and use your information from that service as permitted by that service, store your log-in credentials for that service, and post information on your behalf through the service.
Accuracy. You must provide true, accurate, current, and complete information about yourself as requested by any form you complete as part of the process of registering for the Service and/or setting up your account. If we enable you to log in to Guesthop using your credentials from a third party services (such as Twitter or Facebook), you must ensure that all information you make available to us through such third party services (e.g. your name, email address, physical address, gender, and birthday) is true, accurate, and complete. If any information provided by you is untrue, inaccurate, not current, deceptive, misleading, or incomplete, we reserve the right to terminate your account and refuse any and all current or future use of the Service. You are responsible for keeping your account information current and accurate; we will have no liability for failure to deliver notices that result from inaccurate account information. No Endorsement Guesthop does not endorse any Members or any Locations. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity.YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM.
When you make a Service request, the Company will help facilitate the transaction by providing a mechanism for paying amounts due in connection with each Service ("Charges"). Charges for Services will be charged to you in accordance with the Company’s fee schedule in place at the time you request a Service, which the Company may update from time to time on a going-forward basis. Cancellations and Refunds - If, as a Host/Property Owner, you cancel your requested booking within 72 hours of the requested Service Guesthop will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time.
The Company will charge you for Services through the payment method specified in your account (e.g. a credit card, Paypal). If you pay any applicable charges with a credit card, the Company may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your requested Job. You authorize such credit card account to pay any amounts described herein, and authorize the Company to charge all sums described herein to such credit card account. You agree to provide the Company updated information regarding your credit card and account upon the Company’s request and any time the information earlier provided is no longer valid.
When you sign up for the Service, the Company may need to send you SMS Messages in order to confirm your phone number or keep you informed about your Service a SP may be performing for you. Some of these messages maybe necessary for the fulfillment of the Service and cannot be opt-ed out of. Depending on your current carrier plan, you may incur charges for these SMS Messages, and agree to not hold the Company liable for any charges incurred.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us at firstname.lastname@example.org or through the “Contact” (www.guesthop.com/contact) section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of Guesthop and you hereby irrevocably assign to Guesthop and agree to irrevocably assign to Guesthop all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Guesthop’s request and expense, you will execute documents and take such further acts as Guesthop may reasonably request to assist Guesthop to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Your rights with respect to the Service are limited to those rights expressly granted in the Terms of Service. You acknowledge and agree that the Company and its licensors own all right, title, and interest in and to the Service, including all intellectual property rights therein, even if the Company or its licensors incorporate any materials provided or made available by you into subsequent versions of the Service. The Service is protected by copyright, trademark, trade secret, and other laws of both the United States and foreign countries. Except as expressly permitted in the Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or exploit any portion of the Service, including without limitation any information provided through the Service.
The content of the Service includes copyrighted materials, trademarks, trade secrets, and other proprietary information, which may include, without limitation, personal information of users, text, software, photos, video, audio visual recordings, graphics, music and sound. The entire contents of the Service and subsets thereof are also protected by copyright as collective works. The Company owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to the Company.
You may not create a database or other archival collection in electronic or physical form by downloading and storing, transcribing, or otherwise utilizing by any manual or automated means, any materials contained on the Service.
You agree not to do or attempt (or request that any third party do or attempt) any of the following during or in connection with yours (or their) use of the Service:
If you violate any of the Terms of Service, your permission to use the Service will automatically terminate. You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Service, and any account(s) you may have in connection with the Service: (i) for any reason or no reason at all; (ii) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of the Company or any third party; or (iii) in connection with any general discontinuation of the Service. We also reserve the right to modify the Service at any time without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or revocation of your access to or use of the Service. You may terminate this Agreement, and your account, at any time by contacting customer service at info@Guesthop.com
You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless The Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Company Entities”) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of the Terms of Service or any representation, warranty, or agreements referenced herein; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) any claim or allegation of a third party that the Company has referred to you, to the extent based on any actual or alleged act or omission on your part or behalf, or any other claim or allegation arising as a result of such referral; and (v) any disputes or issues between you and any SP or third party. 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 in such case, you agree to cooperate with our defense of such claim. You will not, in any event, settle any claim or matter without our written consent
THE SERVICE IS PROVIDED "AS IS: AND ON AN "AS AVAILABLE: BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM (I) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; (II) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; (III) ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SERVICE OR JOBS REQUESTED OR PERFORMED IN CONNECTION WITH THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, RELIABLE, COMPLETE, OR UP-TO- DATE; (IV) ANY WARRANTIES, REPRESENTATIONS, PROMISES OR SIMILAR STATEMENTS MADE BY AN EA; AND (V) ANY WARRANTIES WHATSOEVER REGARDING ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ADVERTISED, MADE AVAILABLE, OR REFERRED TO YOU THROUGH THE SERVICE. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGES RELATING TO A SERVICE, TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK.
WHEN YOU USE THE SERVICE TO REQUEST AND HAVE A SERVICE PROVIDER PERFORM A JOB, YOU UNDERSTAND AND ACKNOWLEDGE THAT NO SERVICE PROVIDER HAS AUTHORITY TO MAKE ANY CHANGES TO THESE TERMS, AND THAT ANY STATEMENTS, REPRESENTATIONS, OR WARRANTIES MADE BY A SERVICE PROVIDER OR ANY THIRD PARTY ARE DISCLAIMED BY THE COMPANY AND DO NOT EXPAND OR OTHERWISE MODIFY THESE TERMS. WITH THE EXCEPTION OF THE FACT THAT THE COMPANY INTERVIEWS AND RUNS BACKGROUND CHECKS BASED ON THE IDENTIFICATION INFORMATION PROVIDED BY EACH SERVICE PROVIDER, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE QUALITY, RELIABILITY, SAFETY, COMPLETENESS, FITNESS, OR NATURE OF ANY SERVICES PROVIDED BY A SERVICE PROVIDER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY ENTITIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY ENTITIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF EAS, OTHER USERS, OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WE ARE NOT LIABLE FOR YOUR RELIANCE ON INFORMATION PROVIDED BY AN EA OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE, AND YOU SHOULD INDEPENDENTLY VERIFY THE INFORMATION MADE AVAILABLE BY AN EA OR THROUGH THE SERVICE TO ENSURE THAT IT IS ACCURATE, COMPLETE, AND APPROPRIATE FOR YOU. YOU ARE RESPONSIBLE FOR WORKING WITH AN EA TO DEFINE THE NATURE AND SCOPE OF EACH SERVICE AND ENSURING SUCH SERVICE COMPLIES WITH ALL APPLICABLE LAWS. SERVICES MAY BE INHERENTLY RISKY AND COULD LEAD TO LOSS OF OR INJURY TO PROPERTY, PERSONAL INJURY, OR DEATH. COMPANY ENTITIES WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN ANY OF THESE EVENTS. THE COMPANY ENTITIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD- PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE.
IN THE EVENT YOU HAVE A DISPUTE RELATED TO A SERVICE YOU REQUESTED THROUGH GUESTHOP, YOU HEREBY RELEASE GUESTHOP, LLC. (AND OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DAMAGES (ACTUAL OR CONSEQUENTIAL), OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES), OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING FROM OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. IF IT WOULD OTHERWISE APPLY TO YOU, YOU HEREBY 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 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."
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SERVICE IS LIMITED TO THE GREATER OF (I) THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR ACCESS TO AND USE OF THE SERVICE (INCLUDING AMOUNTS CHARGED IN CONNECTION WITH JOBS) DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM, OR (II) $50. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You and Guesthop agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Guesthop are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Guesthop otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution” section will survive any termination of these Terms. Changes. Notwithstanding the provisions of the :Modification" section above, if Guesthop changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of Guesthop’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Guesthop in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California by California residents, and without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Company agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco, California for the purpose of litigating all such claims or disputes.
If you have any questions regarding the Terms of Service or the Service, please contact us at firstname.lastname@example.org
Guesthop, LLC. San Francisco, CA