USH HOST TERMS AND CONDITIONS
Last Updated: February 9, 2020
PLEASE READ THE FOLLOWING GUEST TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THE USHHOST WEBSITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS.
These Host Terms and Conditions (“Terms and Conditions”) constitute a legally binding agreement between you and Universal Student Housing Inc. a California corporation (“USH”, “we”, “us” and “our”). By accessing or using the USH Host Website www.ushhost.com (the "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "USH Services" or “USH Program”). The Site, Application and USH Services together are hereinafter collectively referred to as the “USH Website” and “USH Program.” Our Privacy Policy, Host Cancellation Policy, Acceptable Use Policy and DMCA Policy applicable to your use of the USH Website are incorporated by reference into these Terms and Conditions. You agree that you are responsible for reviewing these Terms and Conditions and our policies and requirements regularly, and your continued use of the USH services constitutes your acceptance of any modifications, changes, or revisions these Terms and Conditions, policies and requirements.
Table of Contents
2. Eligibility and Host Verification
3. Privacy
4. Modification of these Terms and Conditions
5. Sign Up
6. Booking Process and Payments
8. Host Services, Guest Privileges, Limitations and Obligations
9. Host Policies and Procedures
15. Term, Termination and Suspension of these Terms and Conditions
16. Disclaimers
17. Liability and Indemnification
18. Feedback
20. Dispute Resolution and Arbitration Process
These Terms and Conditions are in addition to any other terms and conditions, rules and regulations that may apply to accounts you have with USH or to any other services or information provided by USH. Where appropriate, please review those specific terms.
Submission of any forms via the USH Website does not automatically qualify you for an Accommodation. Any requests or submitted applications are subject to review and approval by and at the discretion of USH and confirmation by the applicable Host.
1. Overview of USH Services
- The USH Website is a service that connects local Hosts who provide accommodation in their home with students and professionals (Guests) who are seeking housing. When using the USH services you are entering into an agreement with USH and not an agreement with the applicable Guest when you accept to host the Guest.
- As a USH Host, you agree to provide Accommodation and hospitality services to Guests. An Accommodation is a furnished bedroom, which must include a bed, a desk, a chair, adequate lighting, closet space or a dresser, and Wi-Fi access (free of charge). You may offer one of the meal plans described below 7 days a week, if applicable. Minimum stay for Guests is usually 4 weeks, but you may decide to accept or decline any other duration of the stay requested by Guests. Hospitality may include friendly and generous treatment of Guests and offering reasonable support, information, and help throughout Guest’s stay.
- USH uses reasonable efforts to verify every Accommodation as further described below before accepting the Accommodation on the USH Program. USH will use its reasonable judgment in determining whether to accept a Host and Accommodation into the USH. USH does not guarantee any minimum level of bookings of any Accommodations.
- USH uses reasonable efforts to verify each Guest’s identity based on available resources. Despite USH’s Guest verification system, user verification on the Internet may be difficult in general, and even more so when dealing internationally. USH does not act as an insurer of your experience as a Host providing Accommodations for use by Guests. USH makes no representations or warranties as to the background, history or other personal information of any Guest. Your individual experience may vary from the Guest representation, reviews, communications and information received from USH or the Guest. For that reason, USH is not responsible for and disclaims and is free of all liability related to any Guest. USH advises Hosts to always use their best judgment and act with sensibility and care when deciding whether to accept a Guest.
- Key Terms
•
"Accommodation(s)" refers to a private or shared (if
applicable) furnished bedroom inside a Host’s home where Host resides, or a
guest house at the property, except for a bedroom in a garage. It can be a
spare room in apartment, house, condo, townhouse or any other type of housing
available and accepted by USH. A Host may offer multiple, eligible
Accommodations in their home.
•
"Match" means a confirmed Accommodation with a selected
Guest for a designated period of time.
•
"Matching Request" refers to receiving a Guest from USH
to reserve your Accommodation.
•
"Content" means USH Content and User Content.
•
"Dashboard" means options and services available on
Host’s profile on the USH Host Website. Hosts may navigate and update their
account from the Dashboard (if applicable).
•
"Guest" refers to a person requesting Accommodation
through the USH network. Guests may be international students, American
citizens, U.S. Residents, interns, or professionals.
•
"USH Content" means content that USH itself makes
available on or through the USH Website, including proprietary USH content and
any content licensed or authorized for use by or through USH from a third
party, excluding User Content.
•
"Host" refers to a person who offers their Accommodation
through the USH Program.
•
"Host Family" refers to a Host and all their family,
relatives, friends and/or tenants that may be currently residing at the
location of the Accommodation, if applicable.
•
"User" refers to Guests, Hosts, Host Family members and
any other user of the USH services.
• "User Content" refers to any information, descriptions, Reviews, photographs, applications, notifications, messages, or emails which are posted, listed, updated, displayed, sent, or shared with USH by Users.
•
As used in these Terms and Conditions, "you" or
"your" or "Host(s)" refers to you or to any other person
you permit to use the USH Website and USH Services on your behalf.
"We" "us" or "our" refers to USH or any agent,
designee or contractor of USH.
• "Including", "includes" and the like mean "including, but not limited to".
2. Eligibility and Host Verification
a. Eligibility Criteria
b. USH program is intended for users who are at least 18 years old. By accessing and using the USH Website you represent and warrant that you are 18 or older.
c. Hosts can be a single person or a couple with or without children. Hosts can be working part-time, full-time or retired.
d. English must be spoken fluently and at all times at the Accommodation when the Guest is present because most Guests are seeking to interact and communicate with the Host and Host Family to improve their English language skills.
e. Hosts must reside at the Accommodation offered to a Guest.
f. Hosts and Host Family members must hold a U.S. legal status. By signing up with USH you warrant that you and your Host Family are legally residing in the United States.
g. Hosts should be open to receive Guest and meet people from all over the world, interested to learn about other cultures and open to new and different experiences that hosting a Guest may entail.
h. Host Verification and Approval Process
i. USH reserves the right to verify every Accommodation, Host and their Host Family members before accepting the Accommodation into the USH program. Not all Hosts who sign up are accepted into the USH program.
j. The type of verification conducted may vary. Some verification may include in-house visits, over the phone interview, online verification, or any other type of verification USH may conduct on a Host. In addition, USH verification may also be a combination of several factors such as a score given by USH trained Ambassador and his/her best judgment, Home Visit Survey score, Housing Coordinators interaction with the Host, Guest’s experience and reviews, or background check.
k. USH reserves the right to delay its in-home verification process if we currently do not have any Guests requesting Accommodation in the Host’s area, or if no USH Ambassador is located nearby.
l. If USH chooses to verify Host and/or Host Family identity, the Host and Host Family members must provide requested proof of identification (including passport, U.S. visa, Permanent Resident Card (“Green Card”), driver’s license, Social Security Number, or birth certificate). You accept and authorize USH to use your personal information and documentation and that of members of your Host Family for background check purposes. In addition, USH may, at its sole discretion, obtain public records of criminal convictions or sex offender registration or conduct equivalent background checks. You understand and authorize USH to use one or more third party service providers to perform background and identity checks.
m. By
registering as a Host, you warrant that you are not under investigation and
have not been convicted of any crime including, but not limited to sex
offences, and that you are not listed on any U.S. Government list of prohibited
or restricted parties.
n. If you do not provide the requested information so USH can complete its verification process, USH reserves the right to deactivate your Accommodation and cancel all Matches you have accepted. The cancellation will be treated as a Host cancellation under the Host Cancellation Policy.
3. Privacy
USH collects and shares personal information about you in order to identify you as our customer, to establish and manage customer accounts, to complete customer transactions, to provide information to you about the USH Website and USH Services, to comply with legal and regulatory requirements, and for other reasons. Our collection and use of personal information in connection with your access to and use of the USH Website and USH Services is described in our Privacy Policy.
4. Modification of these Terms and Conditions
USH may amend or change these Terms and Conditions and any USH Website policies and requirements from time to time, in our sole discretion, by posting updated terms and conditions, policies and requirements within the USH Website or by providing written notice (see Section 19 (a)). You agree to be bound by any modifications, changes, or revisions made by USH to these Terms and Conditions and USH policies and requirements.
5. Sign Up Process
a) Sign up
Process
•
If you wish to offer your Accommodation(s) through the USH
Program, you are required to register and provide basic information about your
Accommodation (including, but not limited to your valid and physical address
where you reside, contact information, other tenants, pets, type of
Accommodation offered, and your hosting preferences). You will be required to
verify your email and cell phone number to ensure correct communication tools.
•
You may register an USH account directly through the Site by using
your email address and setting up a password, or through your account with
certain third-party social networking sites (SNS) such as Facebook, Pinterest,
Twitter, Instagram, Google, etc. USH is not responsible for any SNS content.
•
As soon as you have completed the registration process, you will
receive an email confirmation.
•
When possible and if applicable, USH Housing Coordinators and/or
Ambassadors will contact a Host to schedule a home visit inspection, or will
seek to verify the profile and Accommodation in another available and
accessible way.
•
After the verification process is complete, if approved by USH the
Host will receive a call confirm information collected from the verification
process, and to provide additional information.
•
You may offer multiple Accommodations (bedrooms) within your
apartment, house, condo, townhouse or other type of housing, if applicable. USH
staff may be contacting you via phone or email for a Guest Match for a particular
Accommodation. You understand that once you confirm a specific bedroom for a
Guest, you may not place the Guest in another bedroom at your home the Guest or
USH did not request. To prevent confusion with multiple Accommodations, and to
ensure that you can confirm Matches for the requested Accommodation, recommends
that Hosts name their bedrooms, which may help to prevent miscommunication.
•
After the verification process is complete, if approved by USH
your Accommodation(s) will be listed for USH staff on the internal database and
USH staff may start contacting you with Guest Matches through phone or email.
You may receive notifications (email, calls, text messages) regarding Matches.
•
You, as a Host, acknowledge that you are solely responsible for
the content of your Accommodation offer(s). You also accept and ensure that the
content in your Accommodation listing(s) does not breach any agreements you
have entered with third parties, and that you are in compliance with all
relevant laws, policies, rules or regulations that may apply to listing your
Accommodation through USH and hosting Guests. For example, some areas may have
laws that limit or forbid the ability to provide temporary accommodation or
hospitality services for a fee. USH cannot be responsible for a Host’s
obligations, arrangements, duties, or agreements with third parties, or
compliance with any relevant laws, policies, rules or regulations. You
understand that if any permit, registration or license is required, you are
solely responsible for obtaining such documents. USH reserves the right to
disable or deactivate any Host’s listing if it is found in conflict with any of
the foregoing.
• USH requires Hosts to update their availability and profiles regularly. You may do so by calling USH team to inform your availability.
b) Sign Up Requirements
•
You may register only one account with USH unless you receive our
written authorization. You may not transfer your account to another user at any
time. USH reserves the right to disable or suspend your account if you create
more than one account, or if any of the information provided proves to be
fraudulent, inaccurate, incorrect, incomplete, or if you are found in violation
of these Terms and Conditions or any policies or requirements (see Section 15).
•
You are responsible for providing current, correct, full and
accurate information throughout the registration process as well as for keeping
your information up to date throughout offering and providing your
Accommodation through USH.
•
You are responsible for keeping your information safe and secure
and may not disclose your account access credentials to another party. You must
inform USH immediately if you suspect that your account access credentials have
been used without your knowledge.
•
There may be security, transmission or other risks associated with
use of the Internet and online services and platforms, and you expressly assume
any and all such risks. You are responsible for obtaining all software,
hardware or other equipment necessary to use online services, including,
without limitation, the use of up-to-date web-browsers and appropriate
encryption, antivirus, anti-spyware, and Internet security software. The Site
contains encryption methods that are not supported by all browsers. If you are
not using a browser that supports 128-bit encryption, you may be unable to view
all of the information and materials contained on the Site.
• USH will not knowingly collect or retain information submitted by children under the age of 18. If USH learns that we unknowingly collected personally identifying information from a child under 18 years of age, we will immediately take all reasonable measures to delete the information from our computer systems and all other data systems.
6. Booking Process and Payments
- Booking Information
•
As a Host, you may select your preferences for Guests. For
instance, you may select gender, duration of stay, meal plans offered, etc. All
Matching Requests will contain a Guest’s basic information (such as name,
country of birth, age, duration of stay, purpose of stay, etc.). You are
entitled to accept or deny a Matching Request based on your preferences or
availability.
•
As a Host, you also accept that you are responsible for your own
decisions, acts and omissions when communicating and interacting with potential
Guests(if applicable), and when selecting and accepting Guests at your
Accommodation. USH recommends reviewing your insurance policy carefully to
determine if it covers any actions or inactions of or relating to Guests
staying at your Accommodation (see Section 9(e)) for more information).
•
You accept and understand that USH staff may contact you for
Matching Requests based upon the information provided on your profile, which
may include a certain factor or a combination of factors including price,
location, availability, images, reviews, and other personal preferences and
requirements.
•
Hosts, not USH, are fully responsible for accepting any Matching
Requests as well as making available any Accommodation(s) offered through USH
Services. If you decide to accept a Matching Request, you acknowledge that you
will be required to enter into an agreement with the Guest through the USH
Services and you agree to accept any terms, conditions, rules and restrictions
related to such Accommodation imposed by USH.
•
You accept and understand that you, and not USH, will be
responsible for fulfilling the obligations of any such agreement, that USH is
not a party to or insurer of such agreement, and that, with the exception of
certain rules, terms and conditions applicable to all Guests and Hosts, USH
(inclusive of all subsidiaries and affiliates) disclaims all liability arising
from or related to any such agreement.
•
Under certain circumstances and for any reason necessary, USH
reserves the right, in its sole discretion, to cancel or refuse the service, a
Matching Request or a Match made via the USH Services. USH may also decide, in
its sole discretion, to require a refund to the part or all of the amounts paid
to the Host in accordance with Section 7 and the Host Cancellation Policy or in
connection with a cancellation. You agree that USH will be free of any
liability for such cancellations, refusals or refunds.
•
Hosts and Guests are solely responsible to request any
modification to a Match. As a Host, you are responsible to accept or deny any
modifications or changes to your Match, if requested by the Guest. If USH
receives such request from the Guest, USH will contact you to seek your
permission to make any changes to the Match. If you wish to make any change to
a Match, you will request the change as described in Section 7, and the Host
Cancellation Policy and payment modification may apply. Such changes may
include, but are not limited to change of meal plan, occupancy, move in and
move out dates.
• USH intends for the information, materials and functions contained on the USH Services to be as current and accurate as possible, but cannot guarantee and does not warrant the accuracy or reliability of the information, material or functions available through the USH Services. Any calculations, functions or tools available on the USH Systems and Services are intended only to provide estimates that may differ from actual amounts that are applicable to you or to your account. Reasons for this variation include: (1) location; (2) meal plan selected; or (3) the timing of the request for the Accommodation. Actual and final fees are calculated by USH.
- Booking Process
•
When a Matching Request is made by a Guest, the Host will receive
a phone call and/or email notification and will decide to accept or deny the
Match. Hosts will have an opportunity to review some information about the
Guest (name, age, gender, country of birth, etc.), and review possible total
payment for a specific Matching Request.
•
If the Booking Request is accepted, the Host will receive
confirmation via email with Matching details. If the Matching Request is
denied, the Host must provide a reason.
•
Hosts acknowledge and understand the importance of responding to
Booking Requests in a timely manner. For Host who remain unresponsive for an
extended period of time, USH reserves the right to inactivate the account
without giving prior notice to the Host.
• For Hosts who continuously deny Matching Requests, USH may block the availability for the dates Matching Requests have been sent to the Host or disable the Accommodation offer for an indeterminate time.
- Prices
Each Host is entitled to receive a compensation for offering their Accommodation(s). The prices USH provide are based on a regular market research conducted by USH, which may include competitors, market value, location, amenities offered, Guest reviews, and verification results. USH believes Hosts should be compensated fairly, reasonably, and honestly for their Accommodations, therefore, we suggest prices a Host may offer based on the above criteria. Prices are provided to the Host prior and/or after the verification process is complete. - Payment Process
•
Upon the Guest moving in to your Accommodation there will be a
72-hour trial period, during which either the Host or the Guest may request
cancellation or change to the Match.
•
After the Guest moves in to the Accommodation, you will receive an
email or a phone call as part of confirmation of the Guest’s arrival. You will
have 72 hours from the Guest’s arrival to contact USH with any questions
or concerns about the Guest and to request a cancellation or change to the
Match. If you do not contact us via email and phone about any problems with
your Guest and a cancellation or change request, the Guest will be considered
confirmed.
•
Host payment will not be released until after the trial period
expires and confirmation has been received from both the Guest and Host. If for
any reason your payment should not be released, you must contact USH (please
see Section 7 and the Host Cancellation Policy for more information).
•
If the confirmation is received from both the Guest and Host
accordingly, your payment will be released prepaid for the first 4 weeks of
your Match, unless a shorter Booking period was requested. If you have accepted
the Booking for more than 4 weeks, the remaining balance will be released to
you automatically every 4 weeks.
• USH reserves the right to change prices. Any change may only be in effect for new Matching Requests, and will not affect those Matches you have already accepted.
- Payment and Tax Information
•
Payments may be sent to Hosts via check or PayPal. You may select
your preferred method of payment on the Dashboard (if applicable) and must
complete any forms and provide any information requested by USH. You are
responsible to provide accurate payout information. If the payment or check has
been returned due to incorrect information, USH reserves the right to deduct
any fees connected with resending the payment.
• Certain tax regulations may require USH to collect applicable tax information, and/or to withhold from all compensation payable to the Host all sums required to be withheld under federal, state and city laws, or governmental regulation or ruling. For example, one of IRS requirements is to collect IRS Form W-9 from Hosts (available to complete on Dashboard). Hosts are solely responsible to ensure that the information is accurate and complete and in accordance with their tax return and/or Social Security Card. USH reserves the right to delay payments if the Form W-9 is not received in a timely manner, or if the information provided on the Form W-9 is inaccurate or incomplete until the correct form is provided to USH. In addition, you as a Host acknowledge and understand that you are solely responsible for completing your tax reporting requirements and obligations to appropriate governmental authorities in regard to offering your Accommodations through USH. USH does not offer any tax-related support or advice to any Host.
- Types of fees and
payments
Subject to the deduction or payment of certain fees, the Host will be paid for hosting a Guest at the Host’s Accommodation. The following payments and fees will apply:
•
Host Verification Fee – this is a one-time fee of $25.00 deducted
from the first Host Payment. This fee covers any administrative fees
HomestayMatch may have in regard to Host’s verification process including
onsite visits and background checks.
• Host Payment – this is the payment the Host receives for hosting a Guest at their Accommodation. Any Host Verification Fee or Cancellation Fee will be deducted from the Host Payment, and the Host will receive the net amount. Sent payments may be viewed on the Dashboard.
•
Cancellation Fee – this is the fee due from the Host if applicable
according to the Host
Cancellation Policy•
• Taxes – where applicable, USH will collect required taxes.
- Overpayment Policy
Hosts accept and acknowledge that they will only be paid for the number of days Guests stay at their Accommodation. The following section describes the process in the event USH notifies and/or recognizes a Host that it has been overpaid.
•
If the payment has been made by check that has not been deposited,
the Host shall not cash the check and shall immediately return the check to
USH. If the Host subsequently deposits the check, the Host shall immediately
reimburse USH for the amount of the check and any bank charges incurred by USH
resulting from the deposit of the check. Any bank charges incurred by the Host
are solely the responsibility of Host.
•
If the payment has been made via PayPal account, the Host shall
immediately return the payment to HomestayMatch via PayPal.
•
In the event that the Host receives and processes an excess
payment from USH (for example, if a Guest arrives later than their scheduled
move in date or departs before their scheduled move out date), then the Host
shall reimburse USH for all payments made by USH to the Host on a prorated
basis no later than four (4) weeks from the time host is informed about the
overpayment.
•
USH will, upon receipt of the returned overpayment, and if
applicable, send payment to Host in the correct amount.
•
The failure of the Host to return an uncashed check or return
money to USH’s Los Angeles offices within one (1) week after receiving notice
of overpayment from USH will result in a $100.00 late fee due from the Host to
USH, and USH shall be entitled to charge interest on the total amount due
accruing at the rate of ten percent (10%) per annum from the date that payment
was due to USH until the date the total amount due is received by USH.
• USH, at its sole and absolute discretion, may apply the overpaid amount(s) as a credit against other monies it owes the Host.
- Fee and Price
Changes – USH reserves the right to change fees and prices by posting
updated fees and prices in the USH Services. Any change will not affect
any prior Matching Requests and Matches.
- Rounding Off – All fees are received and paid in USD. USH may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency). For example, USH may round up an amount of $99.50 to $100, and round down $100.49 to $100).
7. Cancellation and Changes
a) Hosts may
deny a Matching Request or cancel a confirmed Booking at any time prior to the
Guest’s arrival or after the move in date. All cancellations of the Guest’s
arrival must be received by USH in writing via email to [email protected].
Cancellation submitted solely to your Guest will not be considered. Since Host
cancellations disrupt Guests’ travel plans and may have negative influence on
USH as a housing organization, as a Host, you acknowledge and accept that USH
may impose certain penalties.
b) Your cancellation or a cancellation by a Guest will be reviewed and determined by USH in accordance with the Host Cancellation Policy. Interpretation and determination of cancellation fees or available payments will be made by USH in its sole discretion. USH reserves the right to refuse and deny a payment for any reason at any time. Any cancellation fee levied on a Host will be deducted from the next Host Payment, or if no Host Payment is made within 60 days, Host will pay USH directly, as stated in the Host Cancellation Policy. In addition, the following may apply if a Host cancels confirmed Bookings:
•
The Host’s availability may be blocked for the same dates as the
cancelled Booking and the Host will not be able to receive another Matching
Request during this time.
•
USH or the affected Guest may also post an automated review on
your profile indicating that you have cancelled a confirmed Booking. Your
rating as a Host may also be reduced if your cancellations happen repeatedly.
• If a Host cancels confirmed Bookings more than 3 times a year, USH may suspend or inactivate the account for a limited or indefinite period of time.
c) USH
reserves the right to terminate without compensation a Host’s Match and the
Accommodation offered if the Host is found to have behaved with misconduct.
Misconduct includes theft, abuse of property, verbal or physical abuse of
persons, failure to adhere to federal, state or local laws, and USH rules and
guidelines.
d) Eviction
and Lock Out
Notwithstanding anything to the contrary in these Terms and Conditions, in no
event may a Host evict, lock out, or move-out any Guest without USH’s advance
consent.
e) Booking
Change Policy
Hosts may request changes to a Match before or after the Guest’s move in date.
Changes may refer to meal plan or Matching dates. Any change request is subject
to the Guest’s and USH’s approval. If your Guest accepts the request, the Match
will be changed and your payment will be updated accordingly. If the request is
declined or the Guest does not respond, your confirmed Match remains unchanged.
In addition, the following will apply:
•
You may not request additional or different payment to a confirmed
Match.
•
When requesting Matching dates changes , the Host may only make
changes within the original requested dates. For example, if you’ve accepted a
Guest from April 1st until April 30th, you may only request to shorten the
stay, and not request the Guest to move in on March 31st or earlier. However,
you may not request to shorten a stay to dates for which you have already
received payment.
•
You may not request to change Booking dates after the move in
date. You will only be able to request a meal plan change.
•
If you wish to make another change to your confirmed Match, you
will need to submit the request again through USH for the Guest to accept.
•
If your Guest does not respond, or declines your change request,
and you no longer wish to keep the Match, you may cancel it and the Host
Cancellation Policy will apply.
• Guests may request you to change a Match prior or after the move in date. The changes may refer to dates, meal plan or occupancy (private/shared). If you accept the change, the Match will be changed and your payment updated accordingly. If the revised amount is less than the original Match, that difference will be deducted from your next payout. If the revised amount is larger than original Match, you will receive the payment along with your next scheduled payout. If you decline the change request, the Match will remain unchanged, and the Guest will have an option to cancel the Booking, subject to the terms of the Host Cancellation Policy.
8. Host Services, Guest Privileges, Limitations and Obligations
When providing services at the Accommodation, the Host understands and accepts that when the Guest is accessing the Accommodation, the Guest will have certain privileges and limitations a Host and USH may offer. Host acknowledges and grants the Guest privileges, and the Guest is required to respect both the privileges and limitations in accordance with these Terms and Conditions. Host will provide each Guest with the following at the Accommodation:
- The Host
acknowledges and agrees that if two (2) Guests are to be placed in the
same bedroom, both Guests must be placed through USH, both Guests must be travelling
together, and the Guests must consent to such arrangement prior to such
placement.
- Bathroom - A
private or shared bathroom facility (based on the Match) providing privacy
when such facility is being utilized. Host shall also provide toilet paper,
tissues and hand soap. Other toiletries are the Guest’s responsibility.
- Key – The Guest
will be provided with a key/keycard to enter, access and utilize all
appropriate portions of the Accommodation and any related areas and/or
access points. If the Guest loses or fails to return the key/keycard prior
to the move out date, the Host is entitled file a Damage Case and request
locksmith services (see Section 10 Damages to Accommodation), and the
Guest will be solely responsible for paying costs of applicable locksmith
services. The Host agrees to send a receipt to USH for the record.
- Bedding and towels
– one or more set of bed linens and towels will be provided with a weekly
laundering of these items by the Host. Other than providing weekly
laundering of bed linens and towels, the Host is not obliged to provide
other laundry services for Guests, but must provide access to laundry
facilities, if applicable.
- Laundry access
(both washer and dryer) – if available at the Accommodation, the Host
grants the Guest the use of laundry facilities. The Host may arrange a
schedule for laundry with the Guest and may limit laundry to once or twice
a week. Laundry detergent is the Guest’s responsibility. If laundry
facilities are unavailable at the Accommodation, the Host is required to
show the way to the nearest Laundromat.
- Meal Plan Options Available at the Accommodation – Hosts may offer one, or more of the following meal plans. The meal plans are as follows:
•
Room Only – no meals are offered by the Host.
Guests are responsible to purchase their own meals and snacks.
•
Room with Breakfast – continental breakfast will
be offered by the Host and it usually involves no cooking but should include
foods like cereals, toast, milk, tea, coffee, fruit, pastry, or similar. The
Host may not be there to prepare the meal, but will make the food available for
the Guest.
• Room with Breakfast and Dinner – continental breakfast as described above, plus dinner, which will be prepared by the Host. Host will serve the same portion of dinner he/she will have that night.
- Kitchen access – Guests should have access to some space in the kitchen to store food in the fridge and a cabinet designated by the Host. For safety reasons, the Host may limit use of the kitchen and offer one of the following kitchen accesses:
•
Limited Kitchen Access – Hosts may allow Guests to
use some of the appliances such as toaster, microwave, kettle; however, stove
and oven use may not be permitted. Certain kitchen rules imposed by the Host
may apply.
•
Full Kitchen Access – Guests should be allowed to
use all the appliances offered in the kitchen, however, certain kitchen rules
imposed by the Host may apply.
Hosts may also place restrictions on times that kitchen usage is permitted.
h. Common
areas – Guests should have access to common areas such as living room,
bathroom, kitchen. However, certain areas, such as the Host’s bedroom or other
rooms or facilities may be restricted from access by Guests at the Host’s sole
discretion.
i. House Rules
– each Host is entitled to impose certain house rules at the Accommodation.
Hosts must discuss any reasonable rules and procedures with the Guest upon
arrival.
j. Personal
Privacy – each Host understands that Guests are entitled to privacy of their
belongings and their personal privacy inside the Accommodation. However, Hosts
may occasionally inspect the Guest bedroom.
k. Cleaning –
each Host is required to maintain all the areas of the Accommodation clean and
organized at all times and agrees to prepare the Accommodation accordingly prior
to the Guest’s arrival. The Host shall have the room ready including, but not
limited to vacuuming, dusting, washing bedding and towels, ensuring enough
space in the closet/dresser. Guests are responsible to maintain the bedroom
reasonably clean and organized. Guests are also required to clean the utilized
areas after themselves.
l. Privacy of
Guest’s Personal Information – Hosts must not share or distribute the Guest’s
information to third parties such as name, address, phone number, email
address, family details and/or other information without the Guest’s consent.
The Host is entitled and may expect the same privacy from Guests.
m. Safety
procedures – The Host shall share procedures to take place in case of a medical
emergency involving the Guests, such as dialing “911,” and shall provide
emergency contact information to the Guests for any occasions where the Host
may stay away from the Accommodation for weekends, holidays or vacations. Host
shall utilize its reasonable efforts to assist and give aid to Guests in the
event of medical emergency. Such assistance and aid shall include, without
limitations, taking the Guest to or arranging for emergency transportation to a
hospital facility.
n. Transportation – Guests are solely responsible for their own transportation to and from campus, airport, and throughout the city and area in with the Accommodation is located. If you and your Guest come into any agreement regarding transportation (whether for a fee or free of charge), those arrangements are solely between you and the Guest, and USH will be free of any liability in case of any accidents, collisions, or any other damages to properties or for death or body injuries, or any involvement in such circumstances for any participant in the incident. Hosts are solely responsible for their driving skills.
9. Host Policies and Procedures
- Arrival and
Departure Information
Prior prior to your Guest’s arrival (assuming the Guest has completed all Guest application process requirements), USH will provide the Host with Guest’s arrival information in regard to the move in time (e.g. flight information, approximate move in time). The Host agrees and is responsible to make arrangements to be home or have someone available to let the Guest in at the time communicated and agreed with the USH and/or the Guest. - Extension and Move Out
•
If your Guest wishes to continue their stay in the Accommodation
longer than their original Matching dates, all extensions and payments must be
directed through USH. USH will contact you directly via email and/or phone to
check your availability and to process Extension, if applicable.
•
Under no circumstances, may the Guest and the Host contract
directly with one another or come to any agreement with one another outside of
the USH Program. Host agrees and acknowledges that if Host deviates from the
foregoing policy, in addition to pursuing other remedies at law and in equity,
USH may remove any and all applicable Accommodations offered through USH
Services by the Host.
•
If you decline an extension request or the Guest does not request
an extension, the Guest is responsible for moving out of the Accommodation
according to these Terms and Conditions and according to the check-out date
specified in the Match and at the time you specify.
• Hosts are responsible to ensure that the Guest returns the key/keycard and removes any belongings from the Accommodation. For that reason, USH recommends the Host to be present at the time the Guest intends to vacate the Accommodation to inspect the Accommodation.
- Overstaying
• Hosts who continue to host a Guest in their Accommodation past their move out date without notifying USH and completing an extension through the USH Services/Program, as described above, will be held responsible for any issues that may arise from such direct arrangements. USH will not be responsible for any problems you and your Guest may encounter. USH also reserves the right to deactivate the Host’s account.
• As a Host you accept that the Accommodation is granted for the Guest for a limited duration of time agreed between the Guest, the Host and USH. If a Guest stays past the agreed time and date, the Host is entitled to make the Guest leave immediately in a manner consistent with applicable law. Additionally, USH may charge the Guest for any additional day overstayed at the Accommodation in order to pay the Host in accordance with these Terms and Conditions. However, if for any reason the payment may not be collected from the Guest, USH is not obligated to cover the payments for the Guest’s overstay. The Host understands that he/she is solely responsible to inform USH if the Guest has not moved out from the Accommodation on the required move out date.
- Change Request
If you are not satisfied with the Guest, you may request to cancel the Match, provided that you request the cancellation within the first 72 hours of the Guest’s arrival to the Accommodation. Any Guest cancellation requests must be directed to USH at [email protected] and must describe reasons for the requested change. USH will have at least 15 days to move the Guest out of the Accommodation.
- Insurance
The Host shall procure and maintain their own liability and property insurance for any matters related in any way to personal and property damage incurred during the entirety of the Guests' stay, and shall name USH as an additional insured of such policies.
10. Damages to Accommodation
a) As a Host
you are responsible for inspecting the Accommodation and confirming that the
Guest leaves the Accommodation (including any personal or other property
located at the Accommodation) in the condition you prepared it prior to the
Guest’s arrival. Guests, not USH, are solely responsible for their own acts and
omissions and are also responsible for the acts and omissions of any
individuals whom they invite or provide with access to the Accommodation.
b) If you
believe a Guest caused any damage, you must immediately notify USH at [email protected] before or
upon move out. You must include sufficient evidence of the damage and its cause
to USH, e.g., photos clearly showing the damage to the item or Accommodation.
Any damages reported after the Guest’s move out may only be considered at USH’s
sole discretion. For that reason, USH recommends the Host to inspect the Guest
bedroom together with the Guest prior to departure. Regular wear and tear are
excluded from these provisions. Similarly, the Guest has an opportunity to
report to USH any damages that had been found at the Accommodation as of their
move in date.
c) Damage Case
•
If the Host claims and provides sufficient information and evidence
(including, but not limited to photographs) that the Guest has caused any type
of damages to the Accommodation or any personal or other property at an
Accommodation (“Damage Case”), the Host can request payment from the Guest or,
if the matter cannot be resolved immediately between the Guest and the Host,
through USH. If a Host escalates the “Damage Case” to USH, the Guest will have
opportunity to respond. If the Guest agrees to pay the Host directly for the
damage or agrees to replace the disputed item, USH will use reasonable efforts
to collect appropriate amount from the Guest required to cover the Damage Case
in accordance with these Terms and Conditions.
•
Hosts and Guests agree to cooperate with USH in good faith, and to
provide sufficient evidence and information and take such actions as may be
reasonably requested by USH in relation to any Damage Case or any other claims
or complaints.
• As a Host you agree to participate in mediation or similar resolution process with a Guest, at no cost to you, which process will be conducted by USH with respect to damages for which the Host is requesting payment.
11. Reviews and Photos
a) Guest Reviews
•
To maintain quality of the USH Services each Guest is encouraged
to write a review about their experience at the Accommodation after move out.
Such reviews may be posted on Host’s profile for other Users to view (if
applicable), and will add to overall Host scoring, quality of services and
Accommodation. Both positive and negative reviews may affect Host’s Matching
Requests. In case the Host collects a sufficient number of negative reviews,
USH reserves the right to inactivate Host’s profile.
• Any Guest review submitted to the USH indicates the opinion of an individual Guest and does not reflect the opinion of USH.
b) Host Reviews
•
Hosts are entitled to provide feedback about each Guest during or
after the Guest’s departure (a “Guest Review”). We encourage all Hosts to be
honest and fair about their experience with their Guests. Your Guest Review
must be truthful, factual and may not contain any offensive or defamatory
language. USH also encourages Hosts to send us email and provide their comments
at [email protected] and to
share any photos they wish to provide to USH. You agree that the Guest Reviews
(including, but not limited to evaluations, comments, feedback, photographs,
letters, emails, referrals, text messages) that you submit to USH will be
considered User Content.
•
USH may, at its sole discretion, publicly share any of the Guest
Reviews provided to USH, including on the Site, USH System, social media
accounts, review websites, and advertising campaigns.
• Hosts understand that it is forbidden to manipulate any rating or review submitted to USH in any manner. For instance, Hosts may not instruct a third party to write a positive or negative review about another Host or a Guest.
12. Acceptable
Use Policy
Hosts are responsible and agree to be in compliance with any and all laws, rules, regulations and obligations that may apply when using the USH Website and USH Services. As a Host, you agree that you will not violate the USH Acceptable Use Policy. USH reserves the right to prosecute any breach or violation of any of the USH Acceptable Use Policy to the entire extent of the law. You also accept that USH has the right to take a range of actions against you, including cancelling, removing, blocking, deactivating, and disabling the content of your account and your access to information and services on the USH Website.
13. Reporting Misconduct
If you feel that anyone staying at your
Accommodation is acting or has acted inappropriately or unlawfully including
anyone who:
• displays offensive, violent or sexually inappropriate behavior,
• you suspect is stealing from you,
• engages in any other disturbing behavior, or
•
violates Section 12 of these Terms and Conditions or the USH
Acceptable Use Policy,
you should immediately report such person to the appropriate authorities and then to USH by contacting us with your police station information and report number. However, you agree that your report will not obligate USH to take any action beyond that is required by law (if any) or cause us to incur any liability to you.
14. User and
USH Content
a) Subject to
your agreement with these Terms and Conditions, USH grants you a limited,
nonexclusive, nontransferable license to view and access Content, solely for your
personal and noncommercial use. You acknowledge and accept that you have no
right to sublicense the license rights granted in this section. In addition,
you agree not to copy, change, modify, adapt, adjust, or prepare any derivative
works based on, distribute, transfer, sell, trade, display, share, transmit,
broadcast or otherwise exploit the Site, USH Website, USH Services or Content,
except as expressly permitted by these Terms and Conditions or otherwise in
writing by USH. You acknowledge that you are granted no license or rights by
implication or otherwise under any intellectual property rights owned or
controlled by USH or its licensors, except for the license and rights expressly
granted in these Terms and Conditions.
b) USH may
allow you, in our sole discretion, to post, share, publish or transmit User
Content. By making your content available on the USH Website or via email,
including advertising and promotional campaigns, you hereby grant USH a
worldwide, perpetual, irrevocable, royalty-free, transferable, worldwide,
nonexclusive license with the right to sublicense, to use, view, adapt, copy,
share, distribute, transmit, broadcast, access, and otherwise exploit User
Content for any and all purposes. USH does not claim any ownership rights to
User Content, and you will continue to have rights to use, exploit and access
your own User Content.
c) Users are
solely responsible for all of their User Content that they make available on
the USH Website. Users represent and warrant that (a) they are sole owners of
their entire User Content provided to USH or through the USH Website, and have
all rights, consents and releases that are necessary to grant USH the rights to
utilize such User Content as provided in these Terms and Conditions; and (b)
neither the User Content nor any of its publication, post, transmission,
distribution, or uploading on the USH Website or otherwise to USH will violate
any third-party’s rights, including, but not limited to patent, copyright,
trademark, secrets, morals, privacy, publicity, proprietary or intellectual
property, or will result in violation of any law or regulation.
d) Hosts shall not transmit any material or information to the USH Sites that is false, libelous, defamatory, obscene, profane, solicitous, infringes on any copyright or other proprietary rights of any other person or entity, or otherwise could result in civil or criminal liability under the law.
15. Term, Termination and Suspension of these Terms and Conditions
- These Terms and
Conditions will be effective for a 30-day term, at the end of which it
will automatically and continuously renew for subsequent 30-day terms
until such time when you or USH terminate these Terms and Conditions in
accordance with this Section 15.
- You may terminate
these Terms and Conditions at any time by sending us an email to [email protected]. If you cancel
your USH account as a Host, any unconfirmed Matching Request and any
confirmed Matches will be automatically cancelled as a Host cancellation
and any refund will depend upon the terms of the Host Cancellation Policy.
- Without limiting
our rights specified below, USH may terminate these Terms and Condition
for convenience at any time by giving you 30 days’ notice via email to
your registered email address.
- In addition, USH
reserves the right to terminate these Terms and Conditions immediately and
without notice if you have or are believed to have (i) materially breached
or violated these Terms and Conditions or any policies or rules, (ii)
provided incorrect, misleading, fraudulent, incomplete, or outdated
information during the sign up process or at any time during your use of
the USH Services or a stay at your Accommodation, or (iii) violated any
laws, policies, regulations or third party rights. USH also reserves the
right to terminate these Terms and Conditions immediately and without
notice if USH believes in good faith that such measures are reasonable and
necessary to protect security, comfort or property of other Users, USH or
third parties, or for purposes such as fraud prevention or activities,
risk assessment, investigation or security. In the event that any such
termination will take place, USH will use reasonable efforts to notify you
of the termination.
- USH also reserves the right, at its sole discretion to temporarily or permanently delay, limit, deactivate, suspend, or cancel any Matching Request, Matches, listing, account, Review or Content, as well as limit or deny access to the USH Website, if (i) you have breached or violated these Terms and Conditions or any policies or rules (including house rules), (ii) you have received poor, negative or unfavorable reviews, or (iii) USH considers in good faith that such measures are reasonable and necessary to protect security, comfort or property of other Users, USH or third parties, or for purposes such as fraud prevention or activities, risk assessment, investigation or security. In the event that any such action will take place, USH will use reasonable efforts to notify you of the action.
- In case of
non-material breaches and where applicable and at USH’s sole discretion,
you may be given an opportunity to resolve the issue to USH’s reasonable
satisfaction.
- If we take any of
the measures described above (i) we may refund your Guests in full for any
and all confirmed Matches that have been cancelled, irrespective of
preexisting cancellation policies, and (ii) you will not be entitled to
any compensation for pending or confirmed Matches that were cancelled.
- In the event that
the Host or USH terminates these Terms and Conditions, USH is under no
obligation to remove, delete or return any User Content to the Host,
including, but not limited to reviews, photographs, information,
descriptions, messages, email communication. If these Terms and Conditions
have been terminated, Hosts are not entitled to restore, use or access
their User Content and/or account unless otherwise permitted by USH. In
addition, Hosts are not permitted to use, access or attempt to use or access
the USH Website and USH Services or any USH account through any other USH
account.
- If the Host or USH terminates these Terms and Conditions, then the clauses of these Terms and Conditions that reasonably should survive termination will remain in effect.
16. Disclaimers
a) IF YOU
CHOOSE TO USE THE USH WEBSITE OR CONTENT, YOU DO SO VOLUNTARILY AND AT YOUR
SOLE RISK. THE USH WEBSITE (INCLUDING SITE, APPLICATION AND USH SERVICES),
CONTENT AND ALL OTHER SERVICES AND ITEMS ARE PROVIDED “AS IS”, WITHOUT WARRANTY
OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE
FOREGOING, USH EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET
ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF
DEALING OR USAGE OF TRADE. USH MAKES NO WARRANTY THAT THE USH PLATFORM
(INCLUDING SITE, APPLICATION AND USH SERVICES), CONTENT AND ALL OTHER SERVICES
AND ITEMS, INCLUDING, BUT NOT LIMITED TO, ANY GUESTS, WILL MEET YOUR
REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
USH MAKES NO WARRANTY REGARDING THE QUALITY OF ANY ACCOMMODATIONS, HOSTS,
GUESTS, THE SERVICES OR CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS,
COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE USH SERVICES.
b) YOU AGREE
THAT YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE THE
USH WEBSITE, USH SERVICES, LAWS, RULES, OR REGULATIONS THAT MAY BE APPLICABLE
TO THE SERVICES YOU ARE RECEIVING AND THAT YOU ARE NOT RELYING UPON ANY
STATEMENT OF LAW OR FACT MADE BY USH RELATING TO AN ACCOMMODATION LISTING.
c) YOU
ACKNOWLEDGE AND AGREE THAT USH DOES NOT HAVE AN OBLIGATION TO CONDUCT
BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY USER, INCLUDING, BUT NOT
LIMITED TO, GUESTS AND HOSTS. IF WE CHOOSE TO CONDUCT IDENTITY VERIFICATION OR
BACKGROUND CHECKS ON ANY USER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE
DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS
WILL IDENTIFY PRIOR MISCONDUCT BY A GUEST OR GUARANTEE THAT A GUEST OR OTHER
USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
d) YOU AGREE
THAT SOME USH SERVICES MAY CARRY INHERENT RISK, AND BY PARTICIPATING IN SUCH
SERVICES, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. FOR EXAMPLE, SOME USH
SERVICES MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND
YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY CHOOSING TO PARTICIPATE IN THOSE
USH SERVICES. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MAKE BEFORE,
DURING AND AFTER YOUR PARTICIPATION IN A USH SERVICE.
e) NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM USH OR THROUGH THE USH
WEBSITE OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN.
f) YOU ARE
SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER
USERS OF THE USH SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR
INTERACT AS A RESULT OF YOUR USE OF THE USH SERVICES, INCLUDING, BUT NOT
LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT USH DOES NOT MAKE ANY
ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES
OR TO REVIEW GUESTS. USH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE
CONDUCT OF USERS OF THE USH WEBSITE OR THEIR COMPATIBILITY WITH ANY CURRENT OR
FUTURE USERS OF THE USH WEBSITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN
ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE USH SERVICES AND
WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR
USE OF THE USH SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS OR OTHER HOSTS,
PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON, AND REGARDLESS OF
WHETHER SUCH MEETINGS ARE ORGANIZED BY USH. USH EXPLICITLY DISCLAIMS ALL
LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST, HOST OR OTHER THIRD PARTY.
g) THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17. Liability and Indemnification
a) Limitation
of liability. 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 USH
SERVICES, YOUR PROVIDING OF ANY ACCOMMODATIONS THROUGH THE USH, AND ANY CONTACT
YOU HAVE WITH OTHER USERS, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU.
NEITHER USH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING
THE USH SERVICES (INCLUDING OUR LICENSORS) OR CONTENT WILL BE LIABLE FOR ANY
INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST
PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER
DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR
ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF
OR IN CONNECTION WITH (I) THESE TERMS AND CONDITIONS, (II) THE USE OF OR
INABILITY TO USE THE USH SERVICES OR CONTENT, (III) ANY COMMUNICATIONS,
INTERACTIONS OR MEETINGS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU
COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE USH SERVICES OR (IV)
YOUR PROVIDING OF ANY ACCOMMODATION VIA THE USH WEBSITE, IN EACH CASE WHETHER
BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT USH HAS BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND
TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
b) Indemnification. You agree to release, defend, indemnify, and hold USH and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms and Conditions or any USH policies or requirements, (ii) your access to or use of the USH Services or Content; (iii) your User Content; (iv) your interaction with any User or other third party; (v) the use of an Accommodation provided by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Match or use of your Accommodation; or (vi) your breach of any laws, rules, regulations or third party rights.
18. Feedback
USH welcomes and encourages you to provide feedback, comments and suggestions for improvements to the USH (“Feedback“). You may submit Feedback by emailing USH at [email protected]. Any Feedback you submit to USH will be considered non-confidential and non-proprietary to you. By submitting Feedback, you grant USH a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
19. Miscellaneous Provisions
a) Notices. Any
notices or any communications allowed or required, including, but not limited
to those concerning modifications of these Terms and Conditions, will be
provided in writing either (i) via electronic mail or text message (to the
email address or cell phone number provided on the Host’s USH profile), (ii) through
Notification on the Dashboard of the Host’s USH account, or (iii) via entry or
update to the Site. The date of the foregoing notice or communication will be
considered the date on which such notice or communication is in effect, unless
otherwise specified.
b) Severability. Should
any provisions of these Terms and Conditions for any reason be declared
invalid, void, or unenforceable by a court of competent jurisdiction, the
validity and binding effect of any remaining portion will not be affected,
which will remain in full force and effect, and the parties agree that the
offending provisions shall be deemed modified and reformed to the minimum
extent necessary to make them valid and enforceable.
c) Applicable
Law. Host agrees and covenants that these Terms and Conditions and
performance under these Terms and Conditions, and all proceedings that may
ensue from its breach, be construed in accordance with and under the laws of
the State of California and that in any action, proceeding that may be brought arising
out of, in connection with or by reason of these Terms and Conditions, the laws
of the State of California shall apply and shall govern to the exclusion of the
law of any other forum. In the event of litigation, jurisdiction and venue
shall be in the Los Angeles Superior Court. Host hereby submit to the
jurisdiction of the Los Angeles Superior Court.
d) Waiver. No waiver
by either party of any provision of these Terms and Conditions shall be deemed
a waiver of any other provision, and no course of conduct or failure or delay
in enforcing the provisions of these Terms and Conditions shall affect the
validity, binding effect, or enforceability of these Terms and Conditions.
e) Withholding
Taxes. USH may, in its sole and absolute discretion, withhold from all
compensation payable pursuant hereto all sums required to be withheld under
federal, state and city laws, or governmental regulation or ruling.
f) Injunctive
Relief. Nothing in these Terms and Conditions shall prevent USH from
seeking injunctive or other equitable relief from a court of competent
jurisdiction to enforce the provisions of these Terms and Conditions. The Host
irrevocably consents to such injunctive relief.
g) Attorney's
Fees. In the event of any controversy or dispute arising out of these
Terms and Conditions, the prevailing party or parties will be entitled to
recover from the non-prevailing party or parties, reasonable expenses,
including, without limitation, attorneys’ fees and costs actually incurred.
h) Authority. Each
party to these Terms and Conditions hereby represents and warrants that it has
the legal power, right and authority to enter into and carry out these Terms
and Conditions.
i) Independent
Contractors. Hosts are not USH’s employees, agents, joint ventures, or
partners. You acknowledge and understand that you act as an independent,
third-party contractor and that you act on your own behalf and for your own
benefit, and not for the benefit, or on behalf of USH.
j) Further
Documentation. Each party to these Terms and Conditions, without further
consideration, agrees to execute and deliver such other documents and take such
other action as may be necessary to consummate more effectively the subject
matter hereof.
k) Third Party
Beneficiaries. These Terms and Conditions are entered into for the sole benefit
of USH and the Host and their respective permitted successors and assigns. No
party other than USH and Host and such permitted successors and assigns shall
have any right of action under or rights or remedies by reason of these Terms
and Conditions.
l) Third Party
Links and Resources. The USH Website contains links to other Internet sites and
resources that are not related to or controlled by USH. USH assumes no
responsibility or liability for any errors or omissions in the materials or
information available on or through such other Internet sites or resources. The
existence of such links is not an endorsement by USH of such Internet sites or
the resources, contents, or operators thereof. In addition, such other Internet
sites and resources may provide less security than USH and have a privacy
policy different than that of USH. Your access to and use of such Internet
sites and resources is at your own risk.
m) Copyright
Policy. USH honors and recognizes copyright law and expects all Hosts to
comply as well. USH reserves the right to terminate any Host’s account who
continuously violates or is believed to be continuously violating the rights of
copyright owners. Please also see the USH DMCA Policy.
n) Entire
Agreement. Unless supplemented by a document referenced and integrated or
by additional USH terms, guidelines, rules or policies, these Terms and
Conditions, together will all USH policies and requirements referenced herein,
compose the entire and full acknowledgment, acceptance and agreement between
you and USH. These Terms and Conditions will supersede and replace any and all
prior oral, written agreement between you and USH in relation to the USH
Services, Accommodations, Matching, and Content. Except where otherwise stated
herein, these Terms and Conditions may not be modified or amended by oral
agreement, but only by USH in its sole discretion.
o) Assignment. You may not assign or transfer these Terms and Conditions without written consent of USH. You recognize that if you attempt to transfer or assign these Terms and Conditions without USH consent, such transfer will be null and invalid. USH reserves the right to assign or transfer these Terms and Conditions at its sole discretion. These Terms and Conditions will inure and bind to the advantage and benefit of the parties, their successors and permitted assigns.
20. Dispute Resolution and Arbitration Process
- Scope. If you are using
the USH Website or USH Services, you understand that the following dispute
resolution and arbitration terms will apply, regardless whether or not you
reside in the U.S.
- Dispute Resolution
Process.
USH is committed to offering a consumer-friendly dispute resolution
process. Therefore, a Host who wishes to bring a claim will participate in
the following two-step dispute resolution process: first, an informal
negotiation directly with USH, and second, binding arbitration
administered by the American Arbitration Association (“AAA”). Since these
Terms and Conditions involve a transaction in interstate commerce, the Federal
Arbitration Act will apply and govern the interpretation and enforcement
of this section. The arbitration will be administered by AAA in accordance
with the Consumer Arbitration Rules, except as modified below. The
process, rules and regulations can be found on AAA’s website at www.adr.org or by
calling the AAA at 1-800-778-7879.
- Modification to
AAA rules.
The AAA rules will be modified as follows:
• Location of the Hearing. As USH is committed to a consumer-friendly resolution process, we agree to make the arbitration most convenient to the Host. In that regard, any required arbitration hearing may take place at your choice of location: (a) in the country of your residence, (b) in Los Angeles County, (c) in any other location both you and USH agree, (d) over the phone or video conference, or (e) for any claim or counterclaim under $25.000, by merely the submission of documents to the arbitrator.
• Fees and Costs. You may have a right to seek an award of attorney’s fees and expenses if you prevail in the arbitration, to the extent available under applicable law and the AAA rules. Unless the arbitrator concludes that your claim was frivolous, trivial or aimed at harassment, USH agrees it will not seek, and waives all the rights it may have under applicable law or the AAA rules, to recover attorney’s fees and expenses if it prevails in arbitration.
- Pre-Arbitration
Dispute Resolution. To begin this dispute resolution process, USH and
you agree to notify each other of such proceedings in writing. You must
notify USH at [email protected]. USH will notify
you at the most recent email address associated with your USH account.
First, informal negotiation will take place. If after such meeting and
after a good faith effort to resolve the dispute, either party feels that
the dispute cannot be resolved informally, the party who wishes to
initiate formal arbitration process will notify the other in writing via
email. In order to begin the arbitration, a claim must be filed with the
AAA and the written Demand for Arbitration (available at www.adr.org) must be provided
to the other party (as specified by the AAA rules).
- Agreement to
Arbitrate.
You and USH mutually understand that any dispute, claim or controversy
arising from these Terms and Conditions or its breach, termination,
enforcement or interpretation, as well as to the use of the USH Services
or Content (collectively, “Disputes”), will be settled by binding
arbitration. If there is any disagreement whether the arbitration can be
applied to the Dispute, both you and USH accept that the arbitration will
be able to decide that issue. You and USH agree that the following claims
are exceptions to the Arbitration Agreement and will be brought in a
judicial proceeding in a court of competent jurisdiction: (i) any claim
related to infringement, violation, or misappropriation of a party’s
trademarks, copyrights, trade secrets, patents, or any other intellectual
property rights, and (ii) any claim seeking emergency injunctive relief
based on exigent circumstances (e.g. imminent danger or commission of a
crime, hacking, or cyber-attack).
- Jury Trial Waiver. You and USH
understand and accept that both parties are waiving the right to a trial
by jury as to all disputes that may be resolved by arbitration as set
forth herein.
- No Class Actions
or Representative Proceedings. You and USH
acknowledge and agree that we are each waiving the right to participate as
a plaintiff or class member in any purported class action lawsuit,
class-wide arbitration, private attorney-general action, or any other
representative proceeding as to all Disputes. Further, unless you and USH
both otherwise agree in writing, the arbitrator may not consolidate more
than one party’s claims and may not otherwise preside over any form of any
class or representative proceeding. If this paragraph is held unenforceable
with respect to any Dispute, then the entirety of the Arbitration
Agreement will be deemed void with respect to such Dispute.
- Modifications. Notwithstanding the provisions of Section 4 (Modifications of these Terms and Conditions), if USH makes any modification to this section 20 (Dispute Resolution and Arbitration Process) after the date you last accepted these Terms and Conditions, you have the right to reject such change by sending a written notice within 30 days of the date such change becomes effective. By rejecting any change or modification, you understand and accept that you will arbitrate any dispute between you and USH in accordance with the Dispute Resolution and Arbitration Process section as of the date you last accepted these Terms and Conditions.