Friends and Guests Terms and Conditions (Terms of Service)
Last modified February 6, 2018
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Friends and Guests or Hawaii Chee site, you agree to comply with and be bound by these Terms of Service.
A user’s reservation or use of our sites is bound by the terms and conditions on the Friends and Guests site where the reservation is finalized (and not necessarily the Friends and Guests site on which the property was originally listed). If there are any conflicts between the terms and conditions of the Friends and Guests site you found the property on and the terms and conditions of the Friends and Guests site you finalize a booking on, the terms and conditions of the Friends and Guests site where the reservation is finalized will govern. If you do not fully agree to these Terms and any other terms and conditions posted or linked to any Site, you are not authorized to access or otherwise use the Site. Under these Terms, “use” or “access” of the Site specifically includes any direct or indirect access or use of the Site or any cached version of the Site and any direct or indirect access or use of any information or content on the Site, regardless of how obtained and the term “Site” includes, without limitation, any cached version thereof.
Each Site is operated by Friends and Guests, LLC. Unless otherwise specified, the entity controlling the Site you are accessing is referred to herein as “Friends and Guests,” “F&G,” “we,” “us” or “our.” The term “you” refers to the user visiting the Site, listing a property, and/or requesting a reservation on this Site, or our customer service agents.
YOU SHOULD READ THROUGH ALL THE TERMS CAREFULLY. THE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FRIENDS AND GUESTS, LLC. YOU ARE NOT AUTHORIZED TO USE THIS SITE UNLESS YOU ARE AT LEAST 18 YEARS OF AGE AND ABLE TO ENTER INTO LEGALLY BINDING CONTRACTS. WE DO NOT KNOWINGLY COLLECT THE INFORMATION OF ANYONE UNDER THE AGE OF 18. IF YOU ARRIVED ON THE SITE AFTER HAVING BEEN RE-DIRECTED OR OTHERWISE CLICKING ON ANOTHER WEBSITE, YOU AGREE THAT THESE TERMS SHALL GOVERN YOUR USE OF THIS SITE.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their listings. For example, some cities have laws that restrict their ability to host paying guests for short periods. In many cities, hosts may have to register, get a permit or obtain a license before hosting guests. Hosts are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any services they offer. Certain types of services may be prohibited altogether. Penalties may include fines or other enforcement. Each Host represents and warrants that any listing complies with all such laws, rules, and regulations, and that any listing will not breach any agreements the Host has entered into with any third parties, including but not limited to homeowners associations, cooperatives, or condominium agreements.
1. The Site Provides an Online Marketplace; We are Not a Party to any Rental Agreement or other Transactions Between Users of the Site.
We urge all users to be responsible about their use of this Site and any transaction entered into as a result of either listing a property or renting a property. We do not own or manage, nor can we contract for, any vacation rental property listed on a Site. The Site provides an online marketplace to allow homeowners and property managers who advertise on the Site (each, a “host”) to offer for rent in a variety of pricing formats, a specific vacation or short-term rental property to potential renters or renters (each, a “traveler” and, collectively with a host, the “users”). “Hosts” may also include property owners or managers who originally advertised their properties on another website and their listings have been redistributed on the Site. We also may offer online booking or other tools or services to allow users to communicate with each other and enter into rental agreements or other transactions.
We are not a party to any rental or other agreement between users. This is true even if the Site allows you to book a rental or provides other ancillary products or services, as the Site may facilitate booking a rental or other tools, services or products, but we are not a party to any rental or other agreement between users. As a result, any part of an actual or potential transaction between a traveler and a host, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any review relating to any traveler or property), the ability of hosts to rent a vacation property or the ability of travelers to contract for properties are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions before making a booking or purchasing a product or service and Friends and Guests or one of its affiliates may place additional restrictions on your booking, product or service. In the event of a dispute between users for any reason, including but not limited to failure to make payment for a booking, damage to a property, or personal injury suffered by a traveler while staying at a property, F&G shall have no involvement in such dispute, and the users shall resolve such disputes between themselves, either throw negotiation, mediation, arbitration, and/or through other legal processes.
Users agree that they are responsible for, and agree to abide by, all laws, rules, and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site.
Hosts further agree that they are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to the listing of their rental property and the conduct of their rental business, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to the collection, reporting, and/or payment of taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to rental properties listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.
Hosts who accept credit card, banking or other payment information from travelers agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.
Most travel is completed without a serious incident. However, travel to some destinations may involve more risk than others. As a traveler, you assume the risk of any and all dangers that may be presented by travel to a particular location. Travelers can research locations they might wish to visit and review travel prohibitions, warnings, announcements and advisories issued by the United States Government before booking. Such information can be found at https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html, https://www.faa.gov/travelers/international_travel/, https://wwwnc.cdc.gov/travel/notices/, www.treas.gov/ofac.
While we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. When we provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm or otherwise have any impact.
2. Limited License to Use the Site.
Users are granted a limited, revocable non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of advertising a property, searching for a property, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or services offered on any Site, accepting and making payment for a rental agreement, participating in an interactive area hosted on the Site or for any other purpose clearly stated on a Site, all in accordance with the Terms. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.
3. Unauthorized Uses of the Site.
The license to use the Site only extends to the uses expressly described herein. The license to use the Site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or any derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engines” do not include a website or search engine or another service that provides classified listings or property rental advertisements, or any subset of the same or which is in the business of providing vacation property rental services or other services that compete with us.
Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously and specifically agreed to by us:
Any commercial use of the Site or any content on the Site, other than by hosts in good standing, or by hosts under a valid license to software offered on the Site (a “valid license”);
Any use of the Site or the tools and services on the Site for the purpose of booking or soliciting a rental of a property other than a property listed under a valid subscription or pay-per-booking product;
Copy, reproduce, upload, post, display, republish, distribute or transmit any part of the content in any form whatsoever;
Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
Deep-link to any portion of the Site without our express written permission;
Modify, translate into any language or computer language or create derivative works from, any content or any part of the Site;
Reverse engineer any part of the Site;
Sell, offer for sale, transfer or license any portion of the Site in any form to any third parties;
Use the Site and its inquiry or booking functionality other than to advertise and/or research vacation rentals, to make legitimate inquiries to our hosts or any other use expressly authorized on the Site;
Use the Site to post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
Use or access the Site in any way that, in our sole discretion, adversely affects, or could adversely affect, the performance or function of the Site or any other system used by us or the Site.
If you are aware of, or experience, any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us by contacting us as set forth under “Contact Us,” below.
4. Proprietary Rights and Downloading of Information from the Site.
The Site and all content and information on the Site are protected by copyright as a collective work and/or compilation, under applicable U.S. and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site other than for your personal, noncommercial use (other than in accordance with a valid listing) is expressly prohibited without prior written permission from us. As part of the rental inquiry or reservation process, for your own personal, noncommercial use and not for further distribution, you may download, display and/or print one copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form displayed on the relevant portion(s) of the Site that you desire to download, display or print.
6. Identity Verification.
User verification on the Internet is difficult, and we cannot, and do not assume any responsibility for, the confirmation of each user’s purported identity. We encourage you to communicate directly with a traveler or host through the tools available on the Site, though even this does not assure you of the identity of the person with which you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person’s identity and, for travelers, of the property and relevant details of your booking or proposed booking.
You agree to (i) keep your password for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request.
We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us and/or your email account, even those transactions that are fraudulent or that you did not intend or want to be performed.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER F&G NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR F&G ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH F&G AND OTHER USERS.
Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
7. Limitations on Communications and Use of Other Users’ Information; No Spam.
You agree that, with respect to other users’ personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (i) Site-related communications that are not unsolicited commercial messages, (ii) using services offered through the Site, and (iii) inquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Site (such as inquiring about or booking a property or charging a personal credit card). Any other purpose will require express permission from the user. You may not use any such information for any unlawful purpose or with any unlawful intent.
In all cases, you must give users an opportunity to remove their information from your address book or database or other records and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss or unauthorized transfer of such information.
We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site user, even a user who has rented a short-term property from you or to you, to your mailing list (email or physical mail) without the user’s express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms.
8. Responsibility for Property Listings, Reviews, and Other User-contributed content; Participation in Interactive Forums.
We have no duty to pre-screen content posted on the Site by hosts, travelers or other users, whether directly contributed by the user or contributed by us or a third party on behalf of the user (including, without limitation, property listings, reviews of a rental property or a traveler, participation in an interactive community, forum or blog (each an “Interactive Forum”) or any other content provided by a user to the Site), (collectively, “user-contributed content”). We are not responsible for user-contributed content. “User-contributed content” also includes information that a user or any other person provided to a third party website or mobile application that is then provided to our Site by a tool we offer or any other exchange of user-contributed content we have authorized.
We reserve the right to decline to permit the posting on the Site of or to remove from the Site any user-contributed content that fails to meet our Content Guidelines, which are incorporated by reference into these Terms, any other guidelines posted on a Site or if it otherwise violates these Terms, each as determined in our discretion. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, have been apparently breached in respect of such content, as determined in our discretion. Finally, we reserve the right, but do not assume the obligation, to edit a host’s content or user-contributed content in a non-substantive manner solely to cause the content to comply with our Content Guidelines or formatting requirements or to provide services to hosts to create or improve listings (such as translation services), in accordance with information we have about the property listed. Users remain responsible for reviewing their user-contributed content to ensure it is accurate and not misleading.
At a minimum, user-contributed content must (as determined by us in our discretion):
not infringe anyone’s rights, including but limited to copyright and rights of publicity and privacy, violate the law or otherwise be inappropriate;
not include personal information of another that can be used to identify or contact any person;
not include unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations;
be directly related to the Site, business service, product or forum where the content is submitted;
not be obscene, abusive, discriminatory or illegal; or
not be false or misleading.
All property listings on the Site are the sole responsibility of the host (who may be the owner or a property manager or duly authorized agent of the owner) and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, reviews or any alleged breaches of contract on a user’s part. hosts are solely responsible for keeping their property information up-to-date on the Site, including, but not limited to, any and all representations about any property, its amenities, location, price and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, traveler or property reviews, guest book entries, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where travelers have searched for specific dates or types of properties.
We also may from time to time create new descriptions or otherwise change the location or geographic descriptions we use to identify properties in their listings and search results. Consequently, we may change the location or geographic description associated with any property listing at any time without notice. However, we assume no responsibility to verify property listing content or the accuracy of the location. hosts are solely responsible for ensuring the accuracy of location, geographic and other content and location or geographic descriptions and agree to promptly correct (or contact us to correct) any inaccuracy and travelers are solely responsible for verifying the accuracy of such content and descriptions.
All other user-contributed content is the sole responsibility of the user who contributed such content, whether such user contributed the content directly or through a third-party website. Users are solely responsible for their user-contributed content, and we specifically disclaim all liability for user-contributed content. The user represents and warrants that the user owns or otherwise controls and has all necessary legal rights to the user’s submission and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the user-contributed content. We reserve the right to request a proof of ownership or permission, and to refuse to post user-generated content without such proof or if such proof is, in our sole discretion, insufficient.
By submitting or authorizing user-contributed content, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your user-contributed content, in connection with our business or the business of our affiliates. Notwithstanding the foregoing, following the termination or expiration of a property listing, we will not continue to display the user-contributed content that was displayed in such listing.
You further grant us and our affiliates the ability to register copyright in and protect the user-contributed content, including the images, copy, and content available via any host’s listing, from the unauthorized use of the user-contributed content by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material on behalf of and in your name. You further agree to appear and assist us—at our expense and control—with protecting such copyrighted material from unauthorized redistribution.
You agree that we may sublicense all the rights granted to us under these Terms to one or more third parties we may contract with to display all or part of the host’s property listing or otherwise provide promotional or other services related to our business. In the event that you retain any rights of attribution, integrity or any other moral rights in any user-contributed content, you hereby waive your right to assert these or to require that any personally identifying information be used in connection with the user-contributed content or any derivative works thereof and affirm that you have no objection to the publication, use, modification, deletion or exploitation of the user-contributed content by us or our affiliates.
(A) Hosts are solely responsible for determining any and all tax obligations, including but not limited to your obligations to collect, remit, report, and/or include in your listing fees any applicable value-added tax (“VAT”) or other indirect sales taxes, occupancy taxes, tourist or other visitor taxes, and/or income taxes (collectively, “Taxes”).
(B) Applicable tax laws and regulations may require us to collect appropriate tax information from hosts and/or to withhold taxes from payments made to hosts. If a host fails to provide us with documentation that we determine in our sole discretion is necessary or sufficient to satisfy our obligation to withhold taxes from payments made to you, F&G reserves the right to stop payments to you, withhold any and all amounts required by law, or both, until the matter is resolved.
(C) You understand that any appropriate governmental agency, department and/or tax authority may require taxes to be collected from travelers or hosts on listing fees and to be remitted to the appropriate tax authority. These taxes may be required to be collected and remitted as a percentage of the rental fee, a set amount per day, or by some other formula. These taxes may be called “transient occupancy taxes,” “hotel taxes,” “lodging taxes,” “city taxes,” “room taxes” or “tourist taxes.” For purposes of these terms, such taxes shall collectively be known as “Occupancy Taxes.”
(D) If a Host uses F&G’s payment system for collecting payments from travelers, F&G may decide in its sole discretion to facilitate the collection and payment of Occupancy Taxes from or on behalf of travelers or hosts in accordance these Terms if a relevant tax authority asserts that F&G or hosts have an obligation to collect and pay Occupancy Taxes. If so, you authorize F&G to collect Occupancy Taxes from travelers on the host’s behalf at the time the rental is paid for and to remit payment for such Occupancy Taxes to the relevant tax authority. The amount of Occupancy Taxes collected and remitted by F&G will be stated to both travelers and hosts on their respective receipts. In cases where F&G is collecting and paying Occupancy Taxes, hosts may not collect any Occupancy Taxes for their properties in that jurisdiction.
(E) You agree that any claim or cause of action relating to F&G’s collection and payment of Occupancy Taxes shall not extend to any supplier or vendor that may be used by F&G in connection with said collection and payment. You agree that we may seek additional amounts from you if the Occupancy Taxes collected are insufficient to fully discharge your obligations to the relevant tax authority. In the event of such a claim, you agree that your sole remedy is a refund of Occupancy Taxes collected by F&G from the relevant tax authority pursuant to the procedures put in place by said tax authority.
(F) F&G reserves the right to stop collecting and paying Occupancy Taxes in any jurisdiction for any reason, in which case hosts and travelers will be solely responsible for the collection and payment of such taxes. In such event, F&G will provide users with prior notice.
10. Security Deposits.
If Hosts require payment of a security deposit for any accommodations, the Host must specify this in the listing. Hosts may not ask travelers for a security deposit after a booking has been confirmed, nor may Hosts request payment of such a deposit outside of the F&G Site.
F&G may provide insurance to hosts or travelers. F&G encourages travelers to obtain travel insurance before embarking on a trip.
F&G recommends that hosts obtain appropriate insurance that covers vacation rental activities. Homeowners insurance policies typically do not cover vacation rental properties.
12. Social Media or Third-Party Websites.
The Site offers a tool or service that allows us to access or use any profile or other information about you that you have provided to Facebook or another third-party website (each a “Social Media Site”). If you decide to use such tool or service, you acknowledge and agree that:
The information or content that is a part of your Social Media Site profile, which you have designated as “public” (or a similar designation) (with such information or content and referred to herein as “Social Media Content”), may be accessed and used by us in connection with the Site;
The Social Media Content will be considered user-generated content under these Terms and both you and we shall have the same rights and responsibilities as you that we have with respect to user-generated content under these Terms;
In the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree with for any reason, you agree to work with the Social Media Site to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse; and
13. Translations and Maps.
If any user-contributed content created by hosts or users is translated for display on the Site or any site of any affiliate of Friends and Guests, we cannot guarantee the accuracy or quality of such translation, and the user is solely responsible for the review, verification, and accuracy of such translation. Maps provided on the Site that are provided by Google are subject to the Google Maps terms and conditions located at: http://www.google.com/intl/en_us/help/terms_maps.html.
14. Notification of Infringement; DMCA Policy.
We respect the intellectual property rights of others, and Friends and Guests does not permit, condone or tolerate the posting of any content on the Site that infringes any person’s copyright. Friends and Guests will terminate, in appropriate circumstances, a host or traveler who is the source of repeat infringement of copyright. Should you become aware of or suspect any copyright infringement on this Site, please notify us.
15. Links to Third-Party Sites.
This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third-party site, such as a Social Media Site. We are not responsible in any way for such third-party sites or resources, and your use of such sites and resources will not be governed by these Terms.
16. Limitation of Liability.
IN NO EVENT WILL FRIENDS AND GUESTS, OR ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE “FRIENDS AND GUESTS GROUP”), OR ANY THIRD-PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY SITE OF A host OF THE FRIENDS AND GUESTS GROUP (EACH A “THIRD-PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE, OR ANY THIRD PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE SITE, BY YOU OR ANY THIRD PARTY (E) ANY USER-CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN OUR SITE AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR SITE AND/OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION (EVEN IF WE OR ANY THIRD PARTY PROVIDER RECEIVES A FEE IN CONNECTION THEREWITH) BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD PARTY PROVIDER OR ANY USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY host OF THE FRIENDS AND GUESTS GROUP, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER-CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER-CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF THE SITE. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THAT MAY BE OFFERED ON THE SITE) THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE.
YOU FURTHER ACKNOWLEDGE THAT BY DISPLAYING INFORMATION OR PROPERTY LISTINGS IN PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS WITHOUT RISK AND ARE NOT LIABLE FOR DAMAGES WITH RESPECT TO TRAVEL TO ANY DESTINATION.
18. Release; Indemnification.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT) OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE EACH host OF THE FRIENDS AND GUESTS GROUP, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH host OF THE FRIENDS AND GUESTS GROUP (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM.
WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
19. Disputes; Arbitration.
Friends and Guests’ right to amend these Terms, in whole or in part, at any time as set forth below in Section 22 does not apply to this “Disputes; Arbitration” section. The version of this “Disputes; Arbitration” section in effect on the date you last accepted the Terms controls any dispute between you and Friends and Guests.
Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, users or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, and attorneys’ fees and costs), and must follow and enforce these Terms as a court would.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Arbitration Consumer Rules (together, the “AAA Rules”). Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed upon location.
By agreeing to arbitration under the AAA Rules, the parties agree, among other things, that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Friends and Guests Legal: Arbitration Claim Manager”. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA’s rules and filing instructions are available at www.adr.org.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to these Terms. An arbitration decision may be confirmed by any court with competent jurisdiction.
To Contact Us for any reason, users can email us at email@example.com or call us at (808) 445-9938.
These Terms are governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), AAA Rules, federal arbitration law, and for U.S. residents, the laws of the state in which you reside (as determined by the billing address you have provided us), without regard to conflict of laws principles. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law.
Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relations is intended or created by these Terms or your use of the Site. Except as explicitly stated otherwise, any notices to us shall be given by postal mail to:
Friends and Guests, LLC
141 Makahiki Street
Paia, HI 96779
When we need to send you notice, it will be sent to the email address you provide to the Site during the registration or booking or inquiry process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or 24 hours after an email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any physical address provided to us during the registration process or as later updated in your account (if applicable). Notice shall be deemed given three days after the date of mailing to a physical address and one day after mailing to an electronic address.
We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database or content. We may also impose limits on certain features or services or restrict your access to parts or the entire Site without notice or liability. This version of the Terms became effective on the date set forth above and this version amends the version effective before such date. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time. Notification of any amendment will be posted on the Site by the indication of the last amendment date at the top of these Terms and will be effective immediately. When hosts renew subscriptions, the terms in effect at the time of renewal will govern, provided that such terms may change as described above.
We also reserve the right, in our sole discretion and from time to time, to offer programs, products or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms. In such cases, your use of the Site with respect to such special program is governed by these Terms together with the terms and conditions of such program, product or service. We reserve the right, but assume no obligation, to agree to different or conflicting terms and conditions with respect to any user. Any such terms and conditions will not be enforceable unless specifically agreed to by us.
For subscription listings, the rates in effect at the time of the host’s next subscription renewal, new listing or a host’s upgrade or any other additional or new order of any product or service will govern for such renewal or other order. If we ever offer “pay-per-booking” listings, the fees and commissions applicable to pay-per-booking listings offered on one or more Sites will be displayed under the pricing tab when such product is generally made available on a Site or shall be otherwise set forth in a communication between the host and us.
The types of products and services (including the features, terms, and operation thereof) offered at the time of a host’s subscription are subject to the descriptions displayed at the time of use and/or purchase and are subject to change without notice or approval. We further reserve the right to offer additional products, services or features for purchase at any time.
We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer. We may immediately terminate any user’s access to or use of the Site due to such user’s breach of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against all breaches of these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach.
These Terms constitute the entire agreement between you and us with respect to the matters set forth herein, and supersede any prior agreement between you and us with respect to your use of the Site. Headings in these Terms are for reference only and do not limit the scope or extent of such section. In the event of any conflict between these Terms and any other terms and conditions applicable to a product, tool or service offered on our Site, the Terms herein shall prevail. If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
We may assign these Terms in our sole discretion. Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion.
ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO HOSTS
In addition to being bound by the terms set forth above, hosts who advertise on the Site are also bound by the following terms, which are in addition to any other terms agreed to in connection with purchasing or renewing a listing.
21. Host Eligibility; Accuracy of Information; Listing Practice Requirements.
Our services may only be used by hosts who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. Each host represents and covenants that all information submitted to us and to the Site during such host’s registration with the Site shall be true and correct. Each host further agrees to promptly provide notice to the Site by contacting us as provided above under “Contact Us” regarding any updates to any such contact information previously submitted by such host to the Site.
In order to list a property on a Site, hosts must comply with Friends and Guests’ Marketplace Standards. These Standards outline certain requirements including but not limited to:
Hosts must maintain an accurate reservation calendar on their listing(s);
Hosts must use commercially reasonable efforts to respond to all booking requests from travelers within 24 hours of receipt of a request for booking;
Hosts must further agree to take commercially reasonable efforts to cause all traveler payments to be processed within 24 hours of authorization by the traveler for such payment;
Hosts must respond to and accept a material number of inquiries and booking requests received in the interest of the traveler experience; and
Hosts are prohibited from canceling a material number of accepted bookings.
22. Additional host Representations.
Each host represents and covenants that: (i) it owns and/or has all necessary rights and authority to offer for rent and to rent the property listed by such host; (ii) it will not wrongfully withhold a rental deposit in breach of the underlying rental agreement; (iii) it will accurately describe the subject rental property, will not fail to disclose a material defect in, or material information about, a rental property and will upon request, or otherwise from time to time, review the property listing content and location or geographic description to ensure it is accurate and not misleading ; (iv) it will not wrongfully deny access to the listed property; and (v) it will not fail to provide a refund when due in accordance with the applicable cancellation policy or underlying rental agreement. In addition, if Friends and Guests, through one of its guarantee or warranty programs and in its sole discretion, compensates a traveler for a loss caused by acts or omissions attributable to a host, Friends and Guests reserves the right to pursue the host for the amount paid or contributed towards the loss.
Upon our request, each host agrees to promptly provide to us such proof of personal identification, proof that the condition, location, or amenities associated with the property are accurately described in the listing, proof of ownership of the property listed on the Site, and/or proof of authority to list the property. If you are a tenant who is listing a home, condominium, or apartment, please refer to your rental contract or lease, or contact your landlord, prior to listing the property to determine whether your lease or contract contains restrictions that would limit your ability to list your room, home, condominium or apartment. Listing your home may be a violation of your lease or contract and could result in legal action against you by your landlord, including possible eviction.
23. Content, Layout, and Copy.
All content and copy edits submitted by hosts are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine in our sole discretion does not meet these Terms or is otherwise unacceptable to us. However, we assume no duty to review content, and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any host. All content must meet these Terms and our Content Guidelines. We reserve the right to edit content submitted to the Site in a non-substantive manner solely to ensure that the content complies with our Content Guidelines or formatting requirements. hosts are responsible for reviewing and ensuring that any content displayed on the Site appears as the host intended.
Photographs should depict the vacation rental as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information or images that would violate the privacy rights, intellectual property rights (including but not limited to copyright rights) or any other rights of a third party. We reserve the right to not display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.
By submitting a photograph to us, the host represents and warrants that (a) it holds all intellectual property rights (including but not limited to all copyright rights), (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Site and any host of the Friends and Guests Group from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted or in the event of claims that the use of a photograph violates another party’s copyright.
It is the host’s responsibility to obtain any and all permissions required to use, post and grant the foregoing rights in all photographic and other material used in its listings. The host warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request. Each host further agrees that we may reproduce in whole or in part any photographic material supplied by such host in the promotion of either such host’s property or the Site.
25. Uses of Our Trademarks or Logos.
There are limited ways in which a host may use our trademarks or logos in connection with a listing without specific prior written authorization. The following are general guidelines. It is usually permissible for you to refer to Friends and Guests or the name of one of our affiliate websites on which you list your property in a descriptive manner in your listing on the Site or in other permissible communications. For example, you might say “Check out my vacation rental on Friends and Guests,” or “I list properties on Friends and Guests.” However, you may not refer to Friends and Guests or any of our affiliates in any way that might lead someone to believe that your company, property, listing or site is sponsored by, affiliated with, or endorsed by Friends and Guests or one of our affiliates. For example, you may not say “Friends and Guests sponsors my vacation rental,” or describe your property as “Friends and Guests’ best vacation rental.” You may not use the Friends and Guests name or one of our affiliates’ names on any other website that lists vacation rentals without our prior written authorization.
The Friends and Guests name and logo and those of the Friends and Guests Group and our affiliates are trademarks or registered trademarks in the United States and other jurisdictions around the world. We generally do not permit the use of our names and logos, other than as described above or with our prior written authorization. If you want permission to use our name and/or logo in any other manner, including, without limitation, on any website, business card, signage, t-shirt, etc., or if you have other questions, you may email us at firstname.lastname@example.org.
26. Substitution of Properties; Advertising More Than One Property; Property Managers.
Each listing must relate to an individual and uniquely identified property. This means that:
The property in a listing may not be substituted for another property without our consent. We may approve a request in our discretion if the property manager’s contract for the property was terminated and the host provides sufficient proof, as requested by us, and completes any additional forms we may request. The type and term of the listing for any substituted property shall be the same as the type and term of the originally-listed property (i.e., the term will not be extended past the original term). If a host submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the listing and may choose, in our sole discretion, to retain any fees associated previously existing listing as compensation for the violation of this condition.
The listing cannot be a mere example of properties in a given area. Only one property can appear on each listing unless it is a property with multiple rental units and additional listings are purchased. We reserve the right to amend the copy or remove any listing when more than one property is described in such listing and may choose, in our sole discretion to retain any fees associated such non-conforming listing as compensation for the violation of this condition.
27. Booking Prices and Listings.
As a host with a listing on our site, you agree to keep your calendar and pricing updated and accurate. Hosts agree that once a traveler requests a booking of an accommodation, hosts may not request the traveler pay a higher price than in the booking request.
28. Payment Method Requirements; Bank and Credit Card Fees.
No host may request any traveler to mail cash or utilize any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a property rental transaction. Any violation of this term or any other unacceptable payment methods that may be posted on the Site may result in the immediate removal of the non-conforming listing from the Site without notice to the host and without refund. From time to time, we may become aware of users attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method. Ideally, we hope to be able to assist users in avoiding such transactions, but we assume no liability or responsibility to do so or to inform users of any such actual or suspected activity.
Users’ bank or credit card companies may impose certain fees or charges, including, but not limited to, foreign transaction fees, related to any rental of a property. It is the user’s obligation to review any agreement with its bank or credit card company concerning any such fees.
29. Subscription Payments; Automatic Renewal of Subscription Payments.
Payment for subscription listings must be made to us in U.S. Dollars paid either by major credit or debit card. For any subscription paid for by credit card, such subscription shall automatically renew at the expiration of the then-current term for an additional term of the same duration (as the previous term) and at the then-current non-promotional subscription rate. The automatic renewal feature allows your service to remain uninterrupted at the expiration of your then-current term. If you wish to turn off auto-renewal, you must log on to your account and manually turn off auto-renewal in your owner dashboard at least five (5) days prior to the expiration of the then-current term. Upon any such turning off of auto-renewal, your subscription will remain active through the expiration of your then-current subscription term; however, your subscription will not be automatically renewed upon the expiration of your then-current term. If your subscription does not auto-renew or expires at the end of your then-current subscription term and you desire to renew your subscription, you will be required to pay the then-current non-promotional subscription rate to renew your subscription or to activate a new subscription.
If you do not turn off auto-renewal, and you continue to use our subscription service, you re-affirm and authorize us to charge your form of payment at the end of each subscription term for an additional term of the same duration as the initial term and at the then-current, non-promotional subscription rate for the same product or service.
If the product or service that you last purchased has changed in any way or is no longer offered, you agree and authorize us to charge your form of payment at the renewal of your subscription term for a product or service that is the most similar, as determined by us, to the product or service that you previously purchased, even if the price of such product or service is not the same as the prior product or service that you purchased. You agree to be responsible for any such charges, and we reserve the right to obtain payment directly from you if necessary. If you wish to change your form of payment to be charged or if your form of payment information otherwise changes, log in to your account for information on updating the payment information as applicable or to provide the new or different form of payment information.
If a Site enables you to list your property on a basis other than by subscription, you agree to pay us compensation as described to you in the registration process, which compensation may be changed by us from time to time without notice by us displaying the compensation on the Site on which you registered for the listing. The registration process and additional notices you may receive from us may also provide additional terms and conditions for such listings.
30. Subscription Term and Refund Requests.
All subscription listings are sold to run the full term that is chosen by the host. The term starts on the date that the host submits the full or initial (as applicable) payment and expires one year thereafter. For example, for an annual subscription term, if the host submits payment for the subscription on July 1st, the subscription would expire on June 30 of the following year. If you renew your subscription listing, or if your subscription listing automatically renews, your listing will remain online for the new subscription period without refund.
Generally, no refunds are available unless a host qualifies for a refund under any special program we may have in effect. If you believe you qualify for a refund, you may contact customer support by sending your request to the address listed under “Contact Us” above and include your listing number, and your reason for requesting a refund. We will then determine, in our sole discretion, whether any refund is due. If you sell your property and no longer wish for the listing to remain online, please contact us, and we can remove the listing; however, no refund will be owed.
31. Placement of Listings in Search.
You understand and agree that the placement or ranking of listings in search results may depend on a variety of factors, including, but not limited to, traveler and host preferences, ratings and/or ease of booking, and/or response times to inquires.
32. Distribution of Listings to Third Party Websites.
To enable hosts to obtain broader distribution of their properties, we may provide your listing information and content, or otherwise provide for the distribution of your listing on a third party website. Additional terms and conditions may apply to such distributions, as we may notify you of via your owner dashboard or email.
33. Termination of Listings; Other Remedies.
If, in our sole discretion, any host submits unsuitable material to our Site or into our database, is not abiding by local rental regulations and is creating a nuisance in its community, misuses the Site or our online system or is in material breach of these Terms, we reserve the right to limit the host’s use of the Site, impact the host’s listing(s) search position, and/or terminate such host’s listing immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding a host’s listing or rental practices that, in our sole discretion, warrants the immediate removal of such host’s listing from the Site (for example, and without limitation, if a host double-books a property for multiple travelers on the same date, or engages in any practice that, in our sole discretion, would be considered deceptive, unfair or improper within the vacation rental industry or in an online marketplace for vacation rentals, if we determine or suspect that the host’s payment-related practices or procedures are not secure, legal or otherwise proper, or if we receive a complaint that any listing’s content infringes on the rights of a third party), then we may immediately terminate such host’s listing(s) or subscription(s) without notice to the host and without refund. We assume no duty to investigate complaints. Finally, if any host is abusive or offensive to any employee or representative of the Friends and Guests Group, we reserve the right to terminate such host’s listing(s) or subscription(s) immediately without refund.
In addition to reserving the right to terminate any listing, Friends and Guests reserves all rights to respond to any violation of the Terms or misuse of the Site by, including, but not limited to, hiding a listing from the search results, marking a host as “out of office,” and removing or changing information that may be false or misleading.
Additionally, you agree to defend and indemnify Friends and Guests, its affiliated companies, and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: your breach of these Terms or the documents referenced herein; your violation of any law or the rights of a third party; or your use of this Site.
The failure of Friends and Guests to enforce any right or provision of Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Friends and Guests. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
We reserve the right to remove any content contributed to a Friends and Guests website by hosts, travelers or any other user of the website (each a “user”) which does not meet the following guidelines. Reviews, review responses, forum posts and any other content submitted by a user (collectively the “contributed content”) are the subjective opinions of the user who posted the content (the “user” or “publisher”). Such content is not the opinion of Friends and Guests and is not endorsed by us.
While we encourage all users to post only information that is truthful and accurate, Friends and Guests is not a fact finder and cannot be put in a position to determine the legitimacy of contributed content. All users should know that their contributed content could subject them to misrepresentation or defamation claims, which Friends and Guests will not moderate or arbitrate.
Contributed content must adhere to the (including, but not limited to property listings, reviews, and responses) Terms and Conditions as listed above, as well as the following guidelines:
The content must be directly related to its purpose. For example, property listing descriptions must relate to the property.
Travelers who submit reviews represent and warrant: (1) that the User has stayed at the property being reviewed, and (2) that the User reviewing the property is not the owner or manager of the property. F&G reserves the right to terminate the membership of anyone found to be in violation of these representations and warranties, with no refund. Reviews and responses should not disclose the physical location of the property. As all hosts have the ability to change or negotiate the rate accepted for a property, reviews and responses should not disclose the actual rates charged by the host. Reviews of a property must focus on either the traveler’s experience renting the property from the host or the host’s experience renting the property to the traveler. Users cannot post a review or response for the direct purpose of forcing the other party to pay or return funds as that is not beneficial to the community as a whole.
Hosts may upload reviews of their properties that are posted on other sites. Hosts represent and warrant: (1) that reviews posted from other sites correspond to the property being listed; (2) that the review was a legitimate review posted on another site and is reproduced on this Site in identical form; and (3) that the Host has the right to reproduce the review on this Site.
Friends and Guests Customer support is unable to edit reviews on a user’s behalf. A user may contact Customer Support to remove their published review.
In the event of legal action pertaining to contributed content, we will remove the relevant contributed content only upon receipt of a final Court Order demanding removal.
F&G’s failure to enforce any rights or provisions of these terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Friends and Guests. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.