Terms of Service
Terms of Service
- Acceptance of Terms Welcome to our online platform for booking parking, camp parking, and tiny house land leasing (the “Platform”). By accessing or using the Platform, you agree to comply with and be bound by these Terms of Service (“Terms”). These Terms constitute a binding legal agreement between you and the Platform operator (“we,” “us,” or “our”). If you do not agree to these Terms, you may not use the Platform or the services provided. We reserve the right to modify these Terms at any time by posting updated Terms, and your continued use of the Platform after any such update constitutes acceptance of the new Terms.
- Our Services and Role of Platform Marketplace Platform: We provide an online marketplace that connects Hosts (landowners and service providers offering parking spots, campsites, or land for tiny houses) and Guests (renters, travelers, or event organizers seeking such spaces). Our Platform enables Users to list, discover, and book properties or spaces and to facilitate payment processing for bookings via a third-party payment processor (Stripe), as described below. We do not own, manage, or control the properties or listings provided by Hosts, nor do we offer real estate broker services, insurance, or travel agency services. The Platform’s role is solely to facilitate connections and transactions between Hosts and Guests No Agency or Partnership: When a Guest makes a booking and a Host accepts it, any rental or use agreement is formed directly between the Guest and the Host, not with us We are not a party to the contracts entered into between Hosts and Guests for the use of properties, and we disclaim all liability arising from or related to any such private agreements
Hosts are independent providers, not our employees or agents. We do not direct or control Hosts’ services, and Hosts determine the terms of their listings (including pricing, availability, and house rules) within the bounds of these Terms and applicable law. User Conduct and Disputes: All Users (both Hosts and Guests) are solely responsible for their own acts and omissions when using the Platform. You agree that you will use the Platform and engage with other users in a lawful, respectful, and reasonable manner. We do not supervise or guarantee the conduct of any Host or Guest, and we will not be liable for any interactions, communications, or disputes that may arise between Users
. Hosts and Guests are expected to resolve any disputes between themselves. While we may, in our discretion, attempt to help facilitate resolution of a dispute, we have no obligation to mediate or resolve conflicts and we accept no liability for any harm or damages resulting from Users’ interactions
. Assumption of Risk: You understand that using a Host’s property (such as parking in a stranger’s driveway or camping on private land) carries inherent risks, including potential dangers on the property or in travel to/from the property. You agree that you assume all risk arising from your use of the Platform and any property booked through it, to the maximum extent permitted by law. Hosts assume risk in allowing strangers onto their property. We do not endorse or make any warranty about the suitability, safety, or legality of any Host, Guest, listing, or property
. All properties and services are provided “as is,” without any warranty as to quality, conditions, or fitness for a particular purpose
. 3. Account Registration and User Eligibility Eligibility Requirements: Use of our Platform is limited to individuals 18 years of age or older, and to businesses or other legal entities that can form legally binding contracts. By registering an account or using the Platform, you represent and warrant that you are at least 18 years old and have the legal capacity and authority to enter into contracts
. Persons under 18 are not permitted to use this Platform. You also represent that you are not prohibited from using our services under the laws of the United States or any other applicable jurisdiction (for example, you are not on any trade sanctions list or otherwise barred by law from transacting)
. Account Registration: To access many features of the Platform, including making or accepting bookings, you must create an account. During registration, you agree to provide accurate, current, and complete information, and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately if you suspect any unauthorized access to or use of your account. Account registration and use is void where prohibited by law. We reserve the right to suspend or terminate any account that (i) provides false or misleading information, (ii) is used in violation of these Terms or any law, or (iii) fails to meet our eligibility requirements. Identity Verification and Background Checks: For safety and fraud prevention, we reserve the right (but do not assume the obligation) to verify the identities and backgrounds of Users. This may include asking you to provide government identification or other information, performing identity verification checks, and screening Users against third-party databases or public records (such as sex offender registries or criminal history).
. You consent to our collection and use of such information for verification and background check purposes. If you do not pass our verification process or if you refuse to provide requested information, we may deny or terminate your access to the Platform. We may also periodically re-verify your eligibility to ensure ongoing compliance with these Terms. Please note that any verification or background check is provided for our own purposes; we do not guarantee that our checks will uncover all past misconduct or prevent future misconduct by a user.
- Service Fees and Payments Service Fees for Guests and Hosts: In order to sustain our Platform and services, we charge service fees on bookings. Guests will be charged a Guest Service Fee equal to 10% of the booking subtotal (e.g. rent or booking price), which is added to the total amount at checkout. Hosts will be charged a Host Service Fee equal to 20% of the booking subtotal, which we deduct from the Host’s payout for each booking. These Service Fees cover use of the Platform, customer support, and other services we provide. All applicable fees, including service fees, taxes, or other charges, will be disclosed to you before you complete a booking. Except as expressly provided in these Terms or required by law, service fees are non-refundable.
We reserve the right to change the percentage or structure of Service Fees in the future and will provide reasonable notice to users of any fee changes before they take effect.
Fee changes will not apply retroactively to bookings confirmed before the effective date of the change. If you disagree with a fee change, you may terminate your account before the new fees apply.
Payment Processing: All payments on the Platform (including booking charges, fees, and payouts to Hosts) are processed by our third-party payment provider, Stripe, Inc. (“Payment Processor”). By making or accepting payments through our Platform, you agree to comply with the Payment Processor’s terms and conditions and privacy policy in addition to these Terms. Our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s terms of service and privacy policy.
This means that when you provide payment information (such as a credit card or bank account), it will be transmitted securely to Stripe. You authorize us and Stripe to charge your provided payment method for all amounts due for bookings, fees, and applicable taxes. If you are a Host, you authorize us and Stripe to pay out amounts due to you (minus applicable fees and taxes) to your designated payout account. Please note that Stripe (not us) holds and processes your sensitive payment information, and your use of payment services is also governed by your agreement with Stripe. We may from time to time change or add payment processing partners; any such change will be communicated in the Terms or at checkout. Payment Authorizations and Responsibilities: You agree to only provide payment methods that you are authorized to use. All Users must provide complete and accurate billing information. If your payment fails or is insufficient, (e.g. a credit card charge is declined or reversed), we may suspend or cancel the associated booking. Guests are responsible for ensuring that sufficient funds or credit are available for each transaction. We are not responsible for any fees or charges that your bank or card issuer may apply for payments you authorize. Hosts are responsible for providing accurate payout information to receive funds. We may charge the same payment method you provided at booking for other amounts you owe in relation to a booking (such as additional fees for approved booking modifications or damage charges, as agreed between Host and Guest). Security Deposits: Hosts may include security deposit requirements in their listings. If a security deposit applies, it will be shown in the listing and collected via the Platform. We may authorize or charge the Guest’s payment method for the security deposit amount and, if no damage claim is made by the Host as per the Host’s rules, the deposit will be released or refunded to the Guest as applicable. Any claims against a security deposit are governed by the Host’s terms and the dispute resolution process between Host and Guest; we are not an arbitrator of security deposit disputes but may facilitate communication. Taxes: Hosts are solely responsible for determining and fulfilling any tax obligations applicable to the rentals or services they provide (such as property taxes, income taxes, sales or occupancy taxes). We may, where required by law, collect and remit certain transactional taxes (e.g. hotel occupancy taxes) on behalf of Hosts or Guests. Any applicable taxes on fees (e.g. sales tax or VAT on our Service Fees) will be added to the amounts charged as required by law. We do not provide tax advice; Users should consult their own tax advisors regarding their tax obligations. If we are required to collect tax information (such as IRS Form W-9 for U.S. Hosts) or documentation from you, you agree to provide it accurately and in a timely manner. 5. Cancellations, Refunds, and No-Refund Policy 5.1 Membership Fees (Non-Refundable) From time to time, we may offer optional membership programs or subscription services (for example, a premium membership for Guests or a subscription for Hosts with special benefits). All membership or subscription fees are non-refundable under all circumstances. This means that once you purchase a membership or subscription, you will not be eligible for a refund of any portion of the fee, even if you cancel the membership early or do not fully utilize the benefits. We may allow membership fees to be paid on a recurring basis; if so, you may cancel future renewals of a membership (to prevent the next charge) but you will not receive a refund of fees already paid. We will clearly disclose the terms of any membership (including whether it auto-renews) at the time of purchase. By purchasing a membership, you acknowledge and agree that your membership fee is final and not subject to refund. This no-refund policy for memberships applies to the fullest extent permitted by law. 5.2 Booking Cancellations and Refunds Guest Cancellations: If a Guest cancels a booking, any refund of the booking price is determined solely by the Host’s cancellation policy that was stated in the listing for that booking
. At the time of booking, each listing will specify the Host’s cancellation and refund terms (for example, Flexible, Moderate, Strict, etc., or a custom policy describing what portion of the booking is refundable based on timing). We do not provide additional or override refunds on behalf of Hosts if a Guest decides to cancel a reservation beyond what the Host’s policy dictates. Guests are responsible for reviewing and understanding the Host’s cancellation policy before booking. In certain limited situations outside the Guest’s control (e.g. a government travel ban or a natural disaster affecting the property), a Guest may have rights under applicable law or our special policies (if we have adopted any, such as a “major events” or extenuating circumstances policy) to a refund or credit. Unless required by law or a special policy we announce, the Host’s cancellation policy will govern the amount of any refund
for a Guest-initiated cancellation. Service Fees charged to Guests are generally non-refundable even if the Host’s policy provides a full or partial refund of the booking amount (for example, if you cancel and receive a 50% refund from the Host, the Guest Service Fee you paid is typically not refunded), except as required by law or explicitly stated otherwise. Host Cancellations: If a Host cancels a booking at any time, the Guest is entitled to a full refund of all amounts paid, including service fees
. Host-initiated cancellations are not permitted except for valid reasons (such as emergencies or Guest misconduct as permitted by our policies). When a Host cancels, we may assist the Guest in finding alternative accommodations if possible, but the Guest will have the option of a full refund. Hosts may be subject to penalties for cancellations, and repeated or unjustified Host cancellations may result in suspension of the Host’s account. We reserve the right to charge Hosts a fee or withhold part of their future payouts as a Host Cancellation Fee to cover the inconvenience caused to the Guest and the Platform when a Host cancels without valid cause. Platform-Initiated Cancellations: In certain circumstances, we may cancel a booking in order to protect the Platform or users – for example, if we become aware of fraud, abuse, or an error in the booking, or if a Host or Guest is clearly violating these Terms or applicable law. If we cancel a booking due to misconduct or violation by a Host, we will typically provide the Guest a full refund (and the Host will not be paid for that booking). If we cancel due to a Guest’s misconduct or violation, the Guest may not receive a full refund (for instance, a Guest who is removed from a property for violating rules may be treated as a cancellation). Decisions on Platform-initiated cancellations are at our discretion, but we will act reasonably and communicate with affected parties. No Refunds by Platform (General Policy): Aside from the situations described above (Host cancellation or proven listing fraud) or as required by law, the Platform will not issue refunds for bookings. We do not act as an insurer or guarantor of any booking, and we do not provide a money-back guarantee if a booking does not meet expectations. Any refunds for booking cancellations are controlled by the Host’s stated policy and applicable law.
We encourage Hosts to be clear in their listing policies, and we encourage Guests to purchase appropriate travel insurance if they desire protection against unforeseen cancellations. If you believe you have a legal right to cancel without penalty or to receive a refund despite the Host’s policy (for example, under certain consumer protection laws or regulations), you must inform us and provide documentation; we will comply with any such requirements to the extent they apply. Otherwise, all booking sales are final and will be handled according to the Host’s terms. Listing Fraud or Misrepresentation: We strive to keep the Platform safe and trustworthy. If a Guest arrives at a property and finds that it materially differs from the listing description or is not legitimately available, or if we determine that a listing was fraudulent, illegally offered, or in egregious violation of our terms, we may cancel the reservation and/or issue the Guest a refund in full or in part as appropriate. Such cases include, for example, a listing for a property that does not exist, a Host who lacks the right to rent the property, or a space that is dangerous or uninhabitable. Determinations of listing fraud or severe misrepresentation are at our discretion, and we will require the Guest to report the issue promptly and provide evidence. Hosts found to have engaged in fraud or severe misrepresentation will face account consequences up to termination. 6. User Conduct and Responsibilities Host Responsibilities: If you are a Host, you agree to abide by the following: (a) Accuracy of Listings: You must provide complete, truthful, and up-to-date information about your property or service in your listing (including location, features, availability, pricing, rules, and any applicable taxes or fees). You are responsible for keeping your listing information (and calendar availability) accurate at all times. (b) Compliance with Laws: You represent that you have all necessary rights, licenses, permits, and authority to rent or license your property through the Platform. You are responsible for complying with all laws and regulations that apply to your hosting activities (for example, zoning laws, rental registry requirements, health and safety regulations, tax obligations, etc.)
(c) Safe and Habitable Property: You must ensure that your property is safe and in a clean, usable condition for Guests. Any amenities or services you offer (such as electrical hookups, water, etc.) should function as described. (d) Host Services and Conduct: When you accept a booking, you enter into a direct contract with the Guest and are obligated to deliver your Host Service (the rental or accommodation) as promised. You must honor all terms in your listing and in any additional agreement with the Guest (so long as such terms are consistent with these Terms). Hosts should be available or have a reliable method for Guests to contact them for check-in coordination and during the reservation if issues arise. (e) Host Rules: You may establish reasonable rules for use of your property (e.g., parking rules, quiet hours, pet restrictions), but you must include any critical rules or restrictions in your listing so that Guests are informed before booking. You may not impose any rule after booking that contradicts the listing or these Terms. (f) Damage and Insurance: You may require a security deposit as noted above. If a Guest causes property damage, you should document it and first attempt resolution with the Guest. Our Platform is not an insurer; if you desire insurance for your hosting activities (liability or property insurance), it is your responsibility to obtain it. We do not provide insurance coverage for Hosts, though we may help facilitate certain Host protection programs at our discretion (which would be subject to separate terms). Guest Responsibilities: If you are a Guest, you agree to the following: (a) Adherence to Host Rules: You must read and comply with all rules and guidelines provided by the Host in the listing or during the stay. This includes check-in/check-out times, occupancy limits, usage of facilities, pet policies, noise restrictions, and any other rules. Violating Host rules can result in penalties including eviction from the property without refund. (b) Respect for Property: You must use the Host’s property and any amenities carefully and respectfully. Guests should leave the property in the condition it was in upon arrival, aside from normal wear and tear.
Any damage or excessive mess caused by a Guest (or anyone invited to the property by the Guest) may result in additional charges, for which the Guest will be responsible. (c) No Unapproved Guests or Uses: Only the persons disclosed at booking (and approved by the Host) may occupy or use the property. You may not sublease the property or allow any third party to occupy it in your place without the Host’s consent. Using the property for unlawful purposes, or any purpose not expressly permitted (such as hosting a large event or party without permission), is prohibited. (d) Safety and Assumption of Risk: You agree to take reasonable precautions during your stay, such as locking doors, observing any posted safety rules, and only using equipment or areas you are authorized to use. You assume all risk for any injuries or other incidents that you or your invitees may suffer during the reservation, except to the extent caused by the Host’s gross negligence or willful misconduct. If you notice any hazardous condition on the property, you should inform the Host and exercise caution. (e) Compliance with Law: Guests must also follow all local laws and regulations while on the Host’s property (e.g., fire bans, parking ordinances, maximum occupancy or noise ordinances). If a Guest engages in illegal activity on the premises, the Host or we may terminate the stay without refund and involve law enforcement. Prohibited Activities (All Users): All users of the Platform, whether Host or Guest, agree not to engage in the following prohibited conduct: Illegal or Harmful Conduct: You will not use the Platform or any property obtained through the Platform to commit a crime or violate any law. This includes (but is not limited to) using a space for illegal events, selling controlled substances, harassment, theft, vandalism, violence, or any activity that poses a threat to the safety of others. You will not engage in fraud or misrepresentation on the Platform (such as using a false identity or listing fake information). Discrimination and Respect: You will not discriminate against, harass, or mistreat any other user on the basis of race, ethnicity, national origin, religion, gender, sexual orientation, disability, or any other characteristic protected by law. Content you post (such as listings or reviews) must comply with our nondiscrimination and content policies. Hate speech, pornography, obscene or violent content, or any content that violates another’s rights is forbidden on the Platform. Circumvention of Platform: **All bookings and payments between Hosts and Guests introduced through our Platform must be made through the Platform. Users shall not attempt to make or receive payments outside of the Platform for bookings made through the Platform, nor ask each other to transact off-platform in order to evade fees or for any other reason.
For example, you must not accept cash payments from a Guest for a reservation listed on our site, and Guests should not request to pay a Host directly outside the Platform. Any attempt to circumvent our payment system or service fees is a serious violation of these Terms and could result in account termination. (This does not prevent Hosts and Guests from transacting outside the Platform for arrangements that were not initiated on our Platform, but if you found each other through our Platform, you are expected to book through it.) No Commercial or Third-Party Use: The Platform is for personal or approved business use (for Hosts renting their own properties). You may not resell, scrape, or exploit the Platform for any commercial purpose not expressly allowed by us. You will not use automated scripts to collect information or otherwise interact with the Platform without permission. You will not deep-link to our site for any purpose except as approved, nor frame or mirror our site. No Spam or Unauthorized Communications: You will not use the Platform or information from the Platform to send any unsolicited or unauthorized advertising, solicitations, spam, chain letters, or any other form of unsolicited messages. You will not use our messaging system to harass others or send obscene or offensive content. No Interference or Malicious Acts: You will not introduce viruses, malware, or any harmful code to the Platform, and you will not attempt to interfere with or disrupt the operation of the Platform (such as by a denial-of-service attack, sniffing, hacking accounts, or using any robot or crawler to scrape content). Attempting to access other users’ accounts or data without authorization is strictly prohibited. Platform Rules: You agree to follow any other rules of conduct or usage standards that we may provide on the Platform. We reserve the right to remove content, cancel bookings, or take other remedial action if you engage in prohibited behavior or violate any of these Terms or our policies. Violations of this User Conduct section may result in your account being suspended or terminated, cancellation of bookings, and potential legal consequences. We may, in our discretion, report any criminal or suspicious activities to law enforcement. 7. Disclaimers of Warranties “As-Is” Basis: The Platform, including all content, listings, and services provided through it, is offered on an “as is” and “as available” basis, without any warranties of any kind. To the fullest extent permitted by law, we expressly disclaim all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the Platform will be uninterrupted, error-free, or secure at all times, or that defects will be corrected. No Warranty for Listings or Users: We do not endorse or warrant the existence, quality, safety, suitability, or legality of any Host, Guest, property, Listing, or third-party services accessed via the Platform.
Any references to a Host or listing being “verified” (or similar) indicate only that the user or listing has completed a certain verification or identification process, not an endorsement or guarantee by us
We make no guarantees regarding the truth or accuracy of descriptions, ratings, reviews, or other content provided by users, and each Host is responsible for representing their property accurately. Use your best judgment when engaging with others through the Platform. No Warranty of Performance: We make no warranty that the Platform will meet your expectations or requirements, or that it will result in any specific outcomes (such as a guaranteed number of bookings or satisfactory experiences). We do not warrant that the Platform will be free of viruses or other harmful components. Any advice or information (oral or written) obtained from us or through the Platform does not create any warranty not expressly stated in these Terms. Limited Verification: While we may conduct identity or background checks on users, we do not warrant that a user has no criminal or unsafe history or that our checks are comprehensive. We do not guarantee that past issues (if any) would be revealed by a background check, or that a person with no prior issues will not have any in the future.
You agree that you understand these risks and will take appropriate precautions when interacting with others. For example, Guests should exercise reasonable caution when entering someone else’s property, and Hosts should exercise caution in renting to strangers. Third-Party Services: The Platform may contain links to or integrations with third-party websites or services (such as Stripe for payments, mapping services, or social media sharing). These third-party services are not owned or controlled by us. We make no warranties and assume no responsibility for such third-party services, which are governed by the terms and privacy policies of those third parties. Any link to a third-party site is not an endorsement by us of that site or its services. Legal Compliance: We make no warranty that your use of the Platform will satisfy any legal or regulatory requirements that may apply to you. It is your responsibility to understand and comply with your obligations. For example, we do not warrant that Hosts will satisfy zoning laws or that Guests’ use of a property is lawful – that is between the Host, Guest, and applicable law. Consumer Protections: If you have certain legal rights in your jurisdiction that cannot be disclaimed (such as statutory warranties under certain consumer protection laws), then nothing in this Disclaimers section will affect those non-disclaimable rights. However, in such case, our obligations and liability will be limited to the maximum extent permitted by law. These disclaimers apply to the maximum extent permitted by law.
- Limitations of Liability Indirect Damages: To the fullest extent permitted by law, we (including our affiliates, officers, directors, employees, and agents) shall not be liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with these Terms or your use of (or inability to use) the Platform, even if we have been advised of the possibility of such damages. This exclusion includes, but is not limited to, damages for lost profits, lost data, loss of goodwill, business interruption, or the cost of substitute services. It also includes personal or bodily injury or emotional distress arising out of your use of the Platform or interactions with other users, or other intangible losses. For example, we are not liable for any injury or property damage that might occur during a stay (except to the extent required by law), or any financial loss you suffer due to a booking that goes awry. Scope of Liability: We shall not be liable for any claims, damages, or liabilities arising from: (i) your access to or use of the Platform, or inability to access/use the Platform; (ii) any conduct or content of any user or third party on the Platform; (iii) any interaction, communication, or meeting with other users or persons introduced to you through the Platform (whether in person or online); or (iv) your listing or booking of any property, including the provision or use of Host services.
This limitation applies to any theory of liability, whether based in contract, warranty, tort (including negligence), strict liability, or any other legal theory. You acknowledge that the Platform is a venue and that we are not responsible for the agreements or actions of Hosts and Guests, except as expressly stated in these Terms. Cap on Liability: Except for our obligations to pay Hosts under these Terms (or to refund Guests when required by these Terms or law), in no event will our aggregate liability arising out of or in connection with your use of the Platform or these Terms exceed the total amount of fees (if any) you have paid to us in the twelve (12) month period prior to the event giving rise to the liability.
This means: (a) if you are a Guest making a claim, our liability to you is capped at the total Service Fees you paid to us in the 12 months before the claim (not including the pass-through amounts that went to Hosts), or the amount of your booking, whichever is lower; (b) if you are a Host, our liability is capped at the Service Fees we deducted from your payouts in the 12 months before the claim; and (c) if you are using the Platform but neither a Host nor a Guest (e.g. just browsing), or if you have not paid any fees to us in that period, our liability is capped at one hundred U.S. dollars (USD $100).
These cap limitations reflect the allocation of risk between you and us as part of this agreement. Exceptions and State Laws: Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitation may not apply to you to the extent it is prohibited by law. However, in such cases, the limitation shall apply to the greatest extent permitted by law. Nothing in these Terms is intended to limit or exclude liability that cannot be limited by law (for example, our liability for our own intentional misconduct or for personal injuries caused by our gross negligence, if such liabilities cannot be waived under applicable law). If applicable law does not allow certain liability limitations, those limitations shall not apply to you, but only to the minimum extent required to comply with the law.
Release: You agree that no other party (including without limitation our affiliates, investors, suppliers, or any third-party providers) will be liable to you for any damages, and you hereby release all such parties from any claims arising out of the Platform or these Terms. You also waive any rights you may have under California Civil Code §1542 (or any similar law in another jurisdiction), which says: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release…” – in other words, you waive unknown claims in connection with the above releases, to the extent permitted by law. 9. Indemnification To the maximum extent permitted by applicable law, you agree to indemnify, defend (if we so request), and hold harmless us and our affiliates, officers, directors, employees, agents, and representatives (the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to: (i) your breach of these Terms or any other policy or rules incorporated herein; (ii) your improper use of the Platform, or any intentional misconduct by you; (iii) your interaction with any other user (including Hosts, Guests, or third parties), your stay at a property, or your offering of Host Services, including, without limitation, any injuries, losses, or damages of any kind arising in connection with such interaction, stay, or use of a Host’s property; (iv) your failure to comply with any applicable laws or regulations, or to pay any taxes or fees that you might be responsible for (for example, a Host’s failure to collect or remit required taxes, or a Guest’s violation of local ordinances); (v) your violation of any third-party rights, including without limitation any property damage or personal injury you cause, or any infringement of intellectual property or privacy rights caused by you. You agree that you will cooperate with us in the defense of any claim (at your expense) if we request. We reserve the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you (in which case you will reimburse us for reasonable costs and attorney’s fees). This indemnification obligation remains in effect even after you stop using the Platform or your account is terminated. In other words, you will still be responsible for indemnifying us for liabilities incurred due to your use of the Platform or violation of these Terms, even if you later leave the Platform. This provision shall survive any termination of this agreement. 10. Termination and Suspension Term: This agreement between you and us is effective from the moment you first access or use the Platform (including simply browsing our website) and continues until terminated in accordance with these Terms. Your Right to Terminate: You may terminate your account and this agreement at any time by sending us a written notice (email is sufficient) or by using any account deletion or closure functionality we provide. If you cancel your account as a Host with pending reservations, any upcoming bookings will be canceled automatically and, if you have already received payouts for future bookings, you may be required to refund those amounts (and the Guests will receive full refunds).
If you cancel your account as a Guest with upcoming bookings, your bookings will be canceled and your eligibility for refund will depend on the Host’s cancellation policy for each reservation
Our Right to Terminate or Suspend: We may terminate this agreement and/or your account at any time for any reason by giving you notice via the email address or other contact info you provided, with reasonable advance notice when practicable. In such case, you will be entitled to any payouts due to you (if you are a Host) for past reservations and we will refund any balance of prepaid fees (if you are a Guest) for future reservations we cancel, except as needed to cover damages or outstanding obligations. We may also, without notice, terminate or suspend your account or cancel bookings if: (a) you materially breach these Terms or our policies, (b) you violate any law or rights of third parties, or (c) we believe in good faith that such action is reasonably necessary to protect the safety or property of our Platform, other users, or third parties (for example, if you engage in fraud or a Host’s property is found unsafe). In the case of minor violations, we may give you a warning or chance to resolve the issue before termination, but we are not obligated to do so.
If we suspend your account, you may not create a new account or access the Platform through another account. Termination of this agreement will not affect any provisions which by their nature are intended to survive (such as indemnities, disclaimers, limitation of liability, dispute resolution, etc., which shall remain in effect). If your account is terminated, you have no right to a restoration of your account or any of your content or data, except as required by law. 11. Governing Law and Dispute Resolution Governing Law: This Agreement is governed by and shall be construed in accordance with the laws of the United States and the laws of the NC, without regard to its conflict-of-laws principles. The choice of governing law does not affect any mandatory consumer protections under the law of your residence if such laws apply. If you reside outside the United States, local law may allow you to bring disputes in your country of residence under that country’s laws in certain situations (and nothing in these Terms is meant to limit any such rights you have). However, to the extent permissible, the law of our principal place of business (the specified state) will apply. Dispute Resolution and Arbitration: PLEASE READ THIS SECTION CAREFULLY, as it affects your rights. It is intended to provide for the resolution of all disputes between you and us through binding individual arbitration, and includes a waiver of your right to a jury trial or to participate in class actions or representative proceedings. This arbitration agreement survives the termination of this contract. Initial Resolution: If you have a dispute or concern, we encourage you to first contact us directly to attempt an informal resolution. You can email us at [support email] describing your issue, and we will attempt in good faith to resolve the matter. Most user concerns can be resolved quickly and to the user’s satisfaction by our support team. Agreement to Arbitrate: If we cannot resolve a dispute informally, *you and the Company mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the use of the Platform (collectively, “Disputes”) shall be resolved exclusively by final and binding arbitration. You are thus waiving your right to go to court (except as specifically provided below). This arbitration will be administered by a neutral arbitrator (not a judge or jury) and the arbitrator’s decision will be final except for a limited right of appeal under the Federal Arbitration Act. You and we agree that each of us may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
The arbitrator shall not have authority to consolidate the claims of multiple individuals or to hear any class or representative proceedings. The parties agree to waive any right to a jury trial for the resolution of any Dispute between them.
Arbitration Procedures: The arbitration will be conducted by [American Arbitration Association (AAA)] (or another established ADR provider if AAA is not available), under the [AAA Consumer Arbitration Rules] (or applicable rules) in effect at the time the demand for arbitration is filed. You may elect to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or another mutually agreeable location. The language of the arbitration shall be English. Fees and Costs: Each party will be responsible for their own attorneys’ fees. Arbitration filing fees and arbitrator’s fees shall be allocated as required by the arbitration rules or, if not specified, as required by applicable law. We will not seek to recover our attorney’s fees or arbitration costs from you unless the arbitrator finds that your claims were frivolous or brought in bad faith (under the standards of applicable law). Exceptions: This arbitration agreement does not require arbitration of the following types of claims: (i) individual claims brought in small claims court, so long as they remain in that court; (ii) claims that by law cannot be subjected to arbitration (for example, certain statutory claims that are by law expressly exempt from arbitration); and (iii) applications for temporary or preliminary injunctive relief in aid of arbitration or to maintain the status quo pending arbitration, which may be brought in a court of competent jurisdiction. Opt-Out: You have the right to opt out of this arbitration agreement by sending us a written notice of your decision to opt out within 30 days of first accepting these Terms. The notice must include your name, address, the email associated with your account, and a clear statement that you want to opt out of the arbitration agreement. If you opt out, or in the event this arbitration agreement is deemed unenforceable, you agree that any Disputes will be resolved by a court of competent jurisdiction as described below. Venue for Litigation: In the event this arbitration agreement is held unenforceable or you opt out of arbitration, or for any dispute that is permitted to be resolved in court (such as small claims or injunctive relief as noted above), the exclusive jurisdiction and venue shall be the state or federal courts located in Madison county, NC, unless otherwise required by law. Both you and we consent to personal jurisdiction in those courts and waive any objections based on inconvenient forum. Time Limits: You agree that any Dispute must be filed within one (1) year after the claim arose; otherwise, the claim is permanently barred (this does not apply to statutory claims which by law have longer minimum limitations periods that cannot be shortened by agreement). Survival: This Dispute Resolution section shall survive any termination of these Terms. 12. Miscellaneous Provisions No Agency: Except as expressly provided in these Terms, no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Platform. Hosts and Guests act on their own behalf and not on our behalf. You do not have authority to bind the Company, and neither party is an agent of the other. Intellectual Property: Our Platform and all content and materials on it (excluding user-generated content) are protected by intellectual property laws. We (or our licensors) own all rights, title, and interest in and to the Platform, our trademarks, logos, and brand elements. You are granted a limited, non-exclusive, non-transferable license to use the Platform for the purposes described in these Terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission. User Content: If you post content (such as reviews, profile information, listings, etc.) on the Platform, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, distribute, and display that content for the purpose of operating and promoting the Platform. You represent that you have all necessary rights to the content you post. We may remove or disable content that violates these Terms or our policies or applicable law. We are not responsible for user-generated content and have no obligation to review it, but we reserve the right to do so. Privacy: Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and share information. By using the Platform, you consent to our collection and handling of information as described in the Privacy Policy. Severability: If any provision of these Terms is held to be invalid or unenforceable by an arbitrator or court of competent jurisdiction, that provision will be severed and removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. No Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of the Company. A waiver of one breach shall not waive any other breach. Entire Agreement: These Terms (including any incorporated policies or supplemental terms) constitute the entire agreement between you and us regarding the use of the Platform, and supersede any prior agreements or understandings, whether oral or written, between you and us with respect to the same subject matter. Each party acknowledges that it is not relying on any representation, warranty, or statement not expressly set forth in these Terms. Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer this agreement (including to a successor in interest in the event of a merger, acquisition, or sale of assets) at our discretion, and we will provide notice if required by law. Notices: We may provide notices or communications to you by email (to the address associated with your account), via direct message or notification through the Platform, or by posting on the Platform. You consent to receive communications from us electronically. It is your responsibility to keep your email address and contact information up-to-date in your account settings. Official notices to us must be sent to our contact address or our email, except as otherwise specified in these Terms for specific legal notices (e.g., arbitration opt-out notices). Contact Information: If you have any questions about these Terms or need to contact us for any reason, please email terms @ parkmyhouse.com. By using the Platform, you acknowledge that you have read and understood these Terms and agree to be bound by them. Thank you for using our Platform – we hope it enables great connections between Hosts and Guests, and we appreciate your cooperation in following these Terms for everyone’s benefit.