Last revised May 19, 2016
1. Ownership Of The Site
2. Site Access, Security and Restrictions; Passwords
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
3. Accuracy and Integrity of Information/
Although Company attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon, including descriptions found in real property listings posted to the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized or inaccurate additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Company shall have no responsibility or liability for information or Content posted to the Site from any non-Company affiliated third party, including both landowners and prospective renters.
4. Typographical Errors and Incorrect Pricing
In the event a real property listing is posted to the Site at an incorrect price due to typographical error or error in pricing information received from a host landowner, we shall have the right to refuse or cancel any transactions initiated for such listing posted at the incorrect price. We shall have the right to refuse or cancel any such transactions whether or not the transaction has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the lease or service and we cancel your transaction, we shall immediately cause a credit to be issued to your credit or debit card account in the amount of the incorrect price.
5. Transaction Acceptance
We reserve the right, at our sole discretion, to refuse or cancel any transaction for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized and the transaction information is verified for accuracy. Some situations that may result in your transaction being canceled include limitations on the availability of a real property listing, inaccuracies or errors in listing or pricing information, or problems identified by our credit and fraud avoidance department. As a renter, you will not be charged after initiating a booking on the Site until the landowner applicable to your booking has confirmed the transaction. Landowners may, in their sole discretion, refuse to confirm a transaction for any reason. A booking may be cancelled by the applicable renter or landlord for any reason and at any time prior to the occurrence of the event which is the subject of such booking. We will contact you if your transaction is canceled or if additional information is required to accept your transaction. If your transaction is timely canceled after your credit card (or other payment account) has been charged, we will cause a credit to be issued to your credit card (or other applicable payment account) in the amount of the charge.
6. Online Payments
You represent and warrant if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
Once a booking is made by a prospective renter on the Site, and such booking is confirmed by the applicable landlord, the credit card (or other payment account) of the renter will be charged for the full payment amount. After a booking is confirmed and such payment is initiated, such funds will be held by Stripe until after completion of the event which is the subject of the booking. Following such event, the funds held by Stripe, less all fees applicable to the transaction, will be transferred by Stripe to the applicable landowner. Such transfers are typically initiated within 48 hours after the conclusion of the applicable booked event, and may take up to an additional 2-5 business days to be completed. If a booking is timely cancelled prior to the start of an event which is the subject of such booking, then such funds, less fees applicable to the transaction, will be transferred by Stripe back to the applicable renter pursuant to the same approximate timeframe.
As a user of the Site, you agree that the first and all future bookings made with a renter or landlord, as applicable, that you have discovered through use of the Site will be made exclusively via the Site. Failure to abide by this policy may result in your suspension from the Site. You hereby acknowledge and agree that: (i) you may not and will not use the Site to find a prospective renter or landlord and then complete a booking with the same party independently from the Site for any reason, including in order to circumvent the obligation to pay any service fees to Company related to use of the Site; and (ii) Company has the right to investigate and prosecute violations of this Section to the fullest extent of the law.
8. Export Policy and Restrictions
You acknowledge that the services and Content which are sold or licensed on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the services and Content are received. By downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By accessing and using the Site, you agree that you will not use any such services, Content, or any portion of the Site, or provide any of the same to any person, in violation of the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury, U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless Company from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.
Links to Other Sites
Company makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Company site, please understand that it is independent from Company, and that Company has no control over the Content on that website. In addition, a link to a non-Company website does not mean that Company endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
10. User Generated Content, Listings, Reviews, Feedback and other Postings to the Site
If you submit, upload or post any real property listings, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited commercial e-mail (“spam”), telephone calls, mailings or any other method of communication unrelated to renting real property. You represent and warrant to Company that you have the legal right and authorization to provide all User Generated Content to Company for the purposes and Company’s use as set forth herein. Company shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content however Company desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. Company is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.
Company does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site. You grant Company the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Company and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Company arising out of any User Generated Content you post or allow to be posted to the Site.
11. Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Company respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Company’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice ("Notice") complying with the following requirements.
1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Copyright Agent:
220 N Green St.
Chicago, IL 60607
Company does not endorse any particular users of, or real property listings posted to, the Site. By using the Site, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other third parties will be limited to a claim against the third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Company with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other users on the Site regarding any bookings or real property listings made by you.
You, as a landowner using the Site, understand and agree that you are solely responsible for determining (i) your applicable tax reporting requirements, and (ii) the taxes that should be included, and for including taxes to be collected or obligations relating to applicable taxes in your real property listings posted to the Site. You are also solely responsible for remitting to the relevant authority any taxes included or received by you. Company cannot and does not offer tax-related advice to any of the Site’s users.
You, as either a landowner or renter using the Site, understand and acknowledge that appropriate governmental agencies, departments or authorities where your real property is located may require taxes to be collected from renters or landowners on the amount paid for the right to use and/or occupancy of real property, and to be remitted to the respective governmental agency, department or authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the rent or fees set by the landowner, a set amount per day, or other variations. Landowners and renters remain solely responsible and liable for the collection and/or remittance of any and all taxes that may apply to the renting of any real property that is the subject of a real property listing on the site.
14. Disclaimer of Warranties
COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE/NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE, INCLUDING THE ACCURACY OR QUALITY OF (I) ANY LISTINGS POSTED TO THE SITE, OR (II) ANY REAL PROPERTY THAT IS THE SUBJECT OF ANY LISTING POSTED TO THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. COMPANY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY LANDOWNERS OR RENTERS. YOU UNDERSTAND THAT COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR REVIEW OR VISIT ANY REAL PROPERTIES THAT ARE THE SUBJECTS OF LISTINGS POSTED TO THE SITE. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, LANDOWNERS AND RENTERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED OR OTHERWISE FACILITATED BY COMPANY IN ANY WAY. COMPANY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY LANDOWNER, RENTER OR OTHER THIRD PARTY.
15. Limitation of Liability Regarding Use of Site
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, YOUR LISTING OR BOOKING OF ANY REAL PROPERTY VIA THE SITE, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SITE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE IS RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, LOST GOODWILL, OR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, BOOKINGS OF ANY REAL PROPERTY VIA THE SITE, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF COMPANY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).
16. Dispute Resolution; Arbitration Agreement.
We will try work in good faith to resolve any issue you have with the Site, including services utilized on the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
17. Revisions; General
18. Additional Terms
Users of the Site who choose to complete the Site’s online registration process required to post or respond to real property listings on the Site shall be subject to additional terms and conditions described in Company’s User Agreement present to such user during the registration process.