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Terms and Conditions of Service

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY, ALONG WITH ANY OTHER TERMS AND CONDITIONS INCORPORATED BY REFERENCE HEREIN, CONTAIN IMPORTANT INFORMATION SETTING FORTH AND LIMITING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.   YOU MUST ACCEPT THESE TERMS AND CONDITIONS OF SERVICE BY CHECKING THE BOX INDICATING THAT YOU "HAVE READ AND ACCEPT THE EMERBENCYBNB TERMS AND CONDITIONS" BEFORE YOU CAN BECOME A HOST OR GUEST.

 

THE AVAILABILITY OF THIS SERVICE DOES NOT CONSTITUTE A REPRESENTATION OR WARRANTY BY EMERGENCYBNB THAT YOU ARE ENTITLED TO OFFER YOUR PROPERTY AS A HOST OR THAT YOU HAVE ANY IMMIGRATION OR OTHER RIGHTS AS A REFUGEE OR AS A GUEST.  THERE ARE MANY COUNTRY-SPECIFIC LAWS AND REGULATIONS GOVERNING YOUR RIGHT TO ENTER INTO A COUNTRY, TO REMAIN IN THE COUNTRY AND TO IMMIGRATE. IN ADDITION, THERE MAY BE NATIONAL, AND/OR LOCAL LAWS, REGULATIONS AND/OR CODES THAT LIMIT YOUR RIGHTS AS A HOST OR AS A GUEST. IT IS YOUR RESPONSIBILITY, AND YOUR RESPONSIBILITY ALONE, TO ENSURE THAT ALL ACTIONS YOU TAKE AS A HOST OR AS A GUEST ARE IN FULL COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS. IN REGISTERING AS A HOST OR AS A GUEST AND IN UTILIZING OUR SERVICES, YOU EXPRESSLY REPRESENT AND WARRANT THAT ALL ASPECTS OF YOUR CONDUCT IS AND WILL REMAIN LAWFUL IN THE RELEVANT JURISDICTIONS AND YOU WAIVE ALL CLAIMS AGAINST EMERGENCYBNB ARISING FROM SUCH CONDUCT. 

THE EMERGECNYBNB WEBSITE AND SERVICE CREATE A PLATFORM ENABLING THE DIRECT INTERACTION BETWEEN HOSTS AND GUESTS RELATING TO THE EMERGENCY HOUSING.  EMERGENCYBNB IS NOT AND IT WILL NEVER BE PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS.  YOUR USE OF ANY SERVICE OFFERED HEREIN DOES NOT CREATE A LEGAL RELATIONSHIP OF ANY KIND BETWEEN YOU AND EMERGENCYBNB AND YOU EXPRESSLY AGREE THAT YOU WILL NOT REPRESENT THAT SUCH A LEGAL RELATIONSHIP EXISTS.  EMERGENCYBNB IS NOT, AND IN NO EVENT WILL EMERGENCYBNB ACT OR BE CONSIDERED, A REAL ESTATE AGENCY OR BROKER AND NOTHING IN THE SERVICE SHALL BE CONSIDERED TO BE THE PROVISION OF A REAL ESTATE OR BROKERAGE SERVICE. 

IN ACCESSING AND/OR USING ANY SERVICE PROVIDED BY EMERGENCYBNB, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT EMERGENCYBNB HAS NOT UNDERTAKEN, NOR WILL IT UNDERTAKE, ANY INVESTIGATION OR OTHER ACTION OF ANY KIND TO DETERMINE THE CRIMINAL RECORD, MORAL CHARACTER, CHARACTER, REPUTATION, SUITABILITY OF ANY GUEST, HOST OR EMERGENCY HOUSING (INCLUDING, WITHOUT LIMIATION, THE SAFETY OF THE EMERGENCY HOUSING UNIT ITSELF OR THE LOCATION OF THE EMERGENCY HOUSING) AND EMERGENCYBNB EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY ASSOCIATED WITH THESE MATTERS TO THE MAXIMUM EXTENT PERMITTED BY LAW.  IF YOU HAVE ANY CONCERN REGARDING THE SUITABILITY OF A GUEST OR A HOST, YOU ARE ENCOURAGED TO UNDERTAKE ALL AVAILABLE ACTIONS TO DETERMINE SUITABILITY, INCLUDING THROUGH AN INDEPENDENT BACKGROUND CHECKING SERVICE, AND OTHERWISE TO PROTECT YOUR PERSONAL SAFETY AND THE SAFETY OF OTHERS REGARDING WHO WILL BE USING THE EMERGENCY HOUSING.   IN ADDITION, EMERGENCYBNB ENCOURAGES HOSTS TO OBTAIN INSURANCE THAT COVERS THE EMERGENCY HOUSING FOR DAMAGE CAUSED BY A GUEST AND FOR LIABILITY CAUSED BY A GUEST. 

IN ACCESSING AND/OR USING ANY SERVICE EMERGENCYBNB PROVIDES, YOU ALSO EXPRESSLY ACKNOWLEDGE AND AGREE THAT EMERGENCYBNB HAS NO ABILITY TO CONTROL THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, EITHER PRIOR TO OR DURING ANY USE OF THE EMERGENCY HOUSING APPLICATION AND SERVICES OR ANY ACCOMMODATIONS.  IN NO EVENT WILL EMERGENCYBNB BE RESPONSIBLE FOR ANY CLAIMS, COSTS OR DAMAGES OF ANY KIND CAUSED BY A GUEST TO EMERGENCY HOUSING OR TO ANY PROPERTY ASSOCIATED WITH EMERGENCY HOUSING OR FOR ANY CLAIMS ASSOCIATED WITH PHYSICAL, MENTAL OR EMOTIONAL HARM OR DAMAGE TO A HOST OR TO A GUEST.  GUESTS AND HOSTS EACH EXPRESSLY WAIVE ALL CLAIMS AGAINST EMERGENCYBNB, ITS OWNERS, OFFICERS, DIRECTORS, ATTORNEYS, AFFILIATES, SUBSIDIARIES, PARENTS SUCCESSORS AND ASSIGNS ARISING OUT OF OR RELATING TO ITS USE OF THIS WEBSITE AND/OR ANY SERVICE OFFERED OR OBTAINED, WHETHER DIRECTLY OR INDIRECTLY, THROUGH THIS WEBSITE.  EMERGENCYBNB DISCLAIMS ALL LIABILITY FOR THESE MATTERS TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

MANDATORY ARBITRATION CLAUSE: THESE TERMS AND CONDITIONS OF SERVICE CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH REQUIRES YOU TO ARBITRATE (RATHER THAN GO TO COURT TO RESOLVE) ALL DISPUTES WITH EMERGENCYBNB AND PROHIBITS YOU FROM COMMENCING OR PARTICIPATING IN A CLASS ACTION RELATING TO SUCH DISPUTES.  BY ACCEPTING THESE TERMS OF SERVICE, YOU EXPRESSLY AGREE TO BE BOUND BY THESE PROVISIONS IN ALL CONTEXTS. 

YOU MUST BE AT LEAST 18 YEARS OLD TO ACCESS OR USE EMERGENCYBNB'S SERVICES. BY REGISTERING TO USE AND IN USING OUR SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD.

  1. Additional Terms and Conditions of Service

By accessing this website (EMERGENCYBNB Website") and/or utilizing any Service, you accept and you agree to comply with and be legally bound by these Terms and Conditions of Service ("Terms and Conditions") including all modifications which may hereafter be made as well as any additional terms and conditions that may be applicable to certain functions and/or Services.  The Terms and Conditions of Service include our Privacy Policy, which is incorporated herein by reference.  A copy of our current Privacy Policy can be found at www.emergencybnb.com/terms-and-conditions.  In addition to any civil or criminal penalties to which you may be subject, if you do not accept and agree to comply with these Terms and Conditions, you immediately forfeit all rights to use the EMERGENCYBNB Website or Services and you must leave the EMERGENCYBNB Website immediately.

2.      Our Services.  EMERGENCYBNB is a free list service designed to allow Endangered Populations as defined in Section 4 hereinbelow (“Endangered Populations”) around the world to access temporary housing (these persons are referred to as “Guests”) provided by volunteer good Samaritans ("Hosts").  The EMERGENCYBNB online platform ("EMERGENCYBNB Website") allows Guests to identify available temporary residential housing ("Emergency Housing") offered by a Host and to contact the Host who is offering the Emergency Housing.  All arrangements regarding Emergency Housing are made directly between the Guests and the Host.  Other than through the registration process set forth herein, EMERGENCYBNB has no relationship whatsoever with any Host or Guest and, in no event, does EMERGENCYBNB have any ownership or other relationship to or control over any Host, Guest or Emergency Housing.  EMERGENCYBNB's relationship to Hosts and Guests is expressly limited to hosting the EMERGENCYBNB Website, allowing a Host to list Emergency Housing and Guests to access that list so that they can identify potential Emergency Housing and contact the Host.  All arrangements between the Guest and Host concerning the Emergency Housing, including without limitation, the dates on which the Emergency Housing will be available, the specifics of the housing relationship, including the room(s) that will be made available, the ages and attributes of Guests, any limitations on the right of access and use, the number of Guests allowed, the use of common spaces and any costs, are the exclusive province of the Host and Guest and, subject only to any issues specifically identified herein, EMERGENCYBNB is not and will never be involved, either directly or indirectly, in those arrangements.

 

3.      How Do I Register to Be a Guest?  EMERGENCYBNB does not impose any charge to be a Guest.  To register as a Guest or to utilize certain of our Services, you will need to establish an account using a valid, current email address or a valid, current mobile telephone number valid or social media login information.  If you register with your email address, you agree to create a unique password that you do not use with any other online product or service. 

 

4.      Representations of Guests.  In accessing the EMERGENCYBNB Website and securing any Services through the EMERGENCYBNB Website, you expressly represent and warrant that you are a member of an Endagered Population as defined herein.  Endangered Populations are refugees, victims of domestic violence and/or evacuees from a recent (within the last 180 days) disaster and that you need temporary housing as a result of this status.  For the purpose of qualifying to be a Guest, EMERGENCYBNB adopts the following definitions of Endangered Populations:

 

EMERGENCYBNB adopts the definition of "refugee" set forth in Article 1 of the 1951 UN Convention, as modified by the 1967 Protocol:

 

owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country.' This definition implies that several qualifying conditions apply to be considered a refugee: (1) presence outside home country; (2) well-founded fear of persecution (being at risk of harm is insufficient reason in the absence of discriminatory persecution); (3) incapacity to enjoy the protection of one's own state from the persecution feared. The definition of refugees was actually intended to exclude internally displaced persons, economic migrants, victims of natural disasters, and persons fleeing violent conflict but not subject to discrimination amounting to persecution.

 

EMERGENCYBNB adopts the definition of "domestic violence" established by the United States Department of Justice as:

 

a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner.  Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.

 

EMERGENCYBNB adopts the following definition of “evacuee”:

 

a person who is withdrawn or removed from a place of danger, a disaster area to a safe place.

 

EMERGENCYBNB adopts the following definition of “disaster”:

 

a sudden event, such as a natural catastrophe, that causes great damage or loss of life.

 

You further represent and warrant further that: (a)  all information you provide in the registration process is and will remain accurate, truthful and current; (b) you have the lawful right to reside in the county and local jurisdiction in which you are seeking Emergency Housing; (c) you are a member of an Endangered Population as defined herein; (d) you have not been convicted of a crime involving violence against another; (e) you have not previously been evicted by a Host offering Emergency Housing; and (iv) that you are not and will not utilize the EMERGENCYBNB Website or any Emergency Housing for an unlawful purpose.

 

EMERGENCYBNB does not review the status of persons seeking Emergency Housing as Guests.  We rely on the good faith of Guests to meet these definitional standards and to honor each of its representations and warranties.

 

5.      How Do I Register to Become a Host?  EMERGENCYBNB does not impose any charge to be a Host.  To register as a Host or to utilize certain of our Services, you will need to establish an account using a valid, current email address or a valid, current mobile telephone number valid or social media login information.   If you register with your email address, you agree to create a unique password that you do not use with any other online product or service. 

 

6.      Representations of Hosts.  In accessing the EMERGENCYBNB Website and offering any Services through the EMERGENCYBNB Website, including without limitation, an Emergency Property, you expressly represent and warrant that you are offering Emergency Housing solely for the purpose of helping Guests in need and not for the purpose of making a profit or for any unlawful purpose.  You further represent and warrant that: (a) all information you provide in the registration process is and will remain accurate, truthful and current; (b) you have the lawful right of ownership and/or control of the Emergency Housing that you are offering during the expected time period in which the Emergency Housing is being offered; (c) you have undertaken a good faith effort to confirm and you have confirmed that there are no laws, regulations, ordinances (including zoning ordinances), rental, condominium, homeowners or other agreements that limit or prevent you from allowing each specific Guest to reside in the Emergency Housing during the agreed period; and (d) neither you nor anyone residing in the Emergency Housing has been convicted of a crime involving violence or any other form of abuse of another.

 

EMERGENCYBNB does not review the status of persons offering Emergency Housing as Hosts.  We rely on the good faith of our Hosts to honor each of its representations and warranties.

 

 

  1. Emergency Housing Listings

All terms and conditions associated with the Guest's stay in Emergency Housing, including without limitation the identity(ies) of the person(s) who are Guests and the duration of the stay, shall be established by and between the Host and the Guest.  EMERGENCYBNB has no role in establishing those terms and conditions and it shall have no responsibility for enforcing them in the event of a dispute.  Guests and Hosts are expected to work in good faith to agree to fair and reasonable terms and conditions and to honor their agreement.

All Emergency Housing listed on the EMERGENCYBNB Website ("Listing") must include: (i) a valid physical address; (ii) the dates of availability; (iii) the number of persons who can be housed; and (iv) any limitations on the duration of the Guest stay; and (iv) the number and sex(es) of the persons permitted to stay.  

EMERGENCYBNB makes no representation or warranty regarding the accuracy or any listing, a Host's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations, the suitability of any Emergency Housing generally or for any specific or the Host's right to offer the Emergency Housing generally or to any specific Guest, and EMERGENCYBNB assumes no responsibility or liability for any of these matters. 

No one has the right to place a Listing on the EMERGENCYBNB Website.  EMERGENCYBNB reserves the right, at any time and without prior notice, to refuse to place, to remove or to disable access to any Listing, including any Listing that EMERGENCYBNB, in its sole discretion, considers to be objectionable for any reason.

EMERGENCYBNB strongly recommends that Hosts purchase and carry insurance (property and liability) for their Emergency Housing. You should review any insurance policy to determine if it covers actions or inactions of Guests. 

  1. Rights of Parties/Disputes

The EMERGENCYBNB website was created to facilitate the ability of good Samaritans to offer Emergency Housing to Endangered Populations in good faith and without commercial benefit. For the program to work, Guests and Hosts must interact with EMERGENCYBNB and each other in complete good faith and with the utmost respect.  If you believe that a Host or a Guest is acting in a manner that is contrary to these core principles or has otherwise acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) steals from you, or (iii) engages in any other disturbing and/or conduct, you should immediately take all actions you believe to be necessary to protect your safety and/or your property and, as appropriate, you should also report such person directly to the appropriate authorities. 

 

EMERGENCYBNB has no relationship with any Host, Guest or any Emergency Housing offered or utilized hereunder.  By accessing the EMERGENCYBNB Website and/or the Emergency Housing, Guest do not obtain any right of use or ownership of the Emergency Housing; those rights shall remain exclusively with each Host.  Hosts offering Emergency Housing shall have the right to determine the duration of Guest stay in the Emergency Housing, which right shall, subject only to applicable laws to the contrary, include the right to evict a Guest immediately for cause of for no cause.  

 

ALL DISPUTES BETWEEN HOSTS AND GUESTS REGARDING THE AVAILABILITY AND/OR THE USE OF EMERGENCY HOUSING ARE AND SHALL AT ALL TIMES REMAIN EXCLUSIVELY BERTWEEN THE HOST AND THE GUEST AND NEITHER PARTY SHALL HAVE THE RIGHT TO JOIN EMERGENCYBNB INTO ANY LEGAL PROCEEDING REGARDING THESE MATTERS AND ALL PERSONS UTILIZING THE EMERGENCYBNB WEBSITE OR ANY SERVICE OFFERED HEREUNDER EXPRESSLY WAIVES ALL CLAIMS AGAINST EMERGENCYBNB THAT RELATE TO THESE MATTERS.   

 

Although EMERGENCYBNB is not responsible for the actions of this nature taken by any Host or Guest, once you are safe, we ask that you contact us so that we may be aware of your concern and take any action we believe appropriate to limit that person's ability to use the EMERGENCYBNB Website and Services on a going forward basis.

  1. No Warranty by EMERGENCYBNB

YOU USE THIS WEBSITE AND THE SERVICES AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. 

THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EMERGENCYBNB EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES 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. EMERGENCYBNB MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. EMERGENCYBNB MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, HOSTS, GUESTS, YOUR ACCRUAL OF EMERGENCYBNB TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EMERGENCYBNB OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

By using the EMERGENCYBNB Website, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from EMERGENCYBNB with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Bookings or Listings made by you. This limitation shall not apply to any claim by a Host against EMERGENCYBNB regarding the remittance of payments received from a Guest by EMERGENCYBNB on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".

  1. Specific Additional Disclaimers Regarding Guests and Hosts.

EMERGENCYBNB DOES NOT WARRANT THE ACCURACY OR THE COMPLETENESS OF THE STATEMENTS OF USERS OF THE EMERGENCYBNB WEBSITE AND EMERGENCYBNB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE EMERGENCYBNB WEBSITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE EMERGENCYBNB WEBSITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE EMERGENCYBNB WEBSITE, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY EMERGENCYBNB. EMERGENCYBNB EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.

 

EMERGENCYBNB DOES NOT VISIT ANY EMERGENCY HOUSING NOR DOES IT MAKE ANY REPRESENTATION OR WARRENTY REGARDING ANY ASPECT OF SUCH HOUSING, INCLUDING WITHOUT LIMITATION, AS TO ITS FITNESS FOR THE INTENDED USE OR PURPOSE.

 

YOU UNDERSTAND AND ACKNOWLEDGE THAT EMERGENCYBNB DOES NOT CONDUCT BACKGROUND CHECKS OF ANY KIND PERTAINING TO HOSTS OR GUESTS, INCLUDING WITHOUT LIMITATION, ANY CHECKS ON ANY GUEST OR HOST REGARDING HIS/HER CRIMINAL RECORD OR STATUS AS A REGISTERED SEX OFFENDER. 

  1. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE EMERGENCYBNB WEBSITE AND SERVICESINCLUDING WITHOUT LIMITATION, ASS RISKS ASSOCIATED WITH A DATA BREACH, TECHNOLOGY MALFUNCTION OR ANN INTRUSION THAT CAUSES YOUR EMAIL ADDRESS OR ANY DATA YOU PROVIDE TO BE ACCESSED BY AN UNAUTHORIZED PARTY OR RELEASED TO THE PUBLIC. THE ENTIRE RISK OF PLACING YOUR LISTING OF ANY EMERGENCY HOUSING, AS WELL AS ANY CONTACT YOU HAVE WITH OTHER USERS OF EMERGENCYBNB WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. EMERGENCYBNB IS NOT LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE EMERGENCYBNB WEBSITE OR SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE EMERGENCYBNB WEBSITE OR SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EMERGENCYBNB 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.

IN NO EVENT WILL EMERGENCYBNB'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (US$100).  YOU AGREE THAT THIS LIMITATIONS ON DAMAGES IS JUST AND REASONABLE IN THE CIRCUMSTANCES, INCLUDING THE FACT THAT THE SERVICES ARE BEING PROVIDED WITHOUT CHARGE. 

  1. Release.  In addition to the above, you specifically and expressly release EMERGENCYBNB, their respective officers, directors, employees, agents, successors and assigns from all liability, direct and indirect, related to any and all claims and demands you may assert against any third party arising out of your use of the EMERGENCYBNB Website and the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

 

  1. User Conduct

All users of the EMERGENCYBNB Website shall be responsible for complying with all Terms and Conditions set forth herein as well as all applicable laws, rules and regulations.  All unlawful uses of the EMERGENCYBNB Website and uses of the website in a manner to stalk, harass, defame, disparage, threaten or otherwise violate any third party right, including any intellectual property right of EMERGENCYBNB or any third party, are hereby prohibited.  EMERGENCYBNB will investigate and prosecute violations of any of the above to the fullest extent of the law. 

EMERGENCYBNB may monitor your use of the EMERGENCYBNB Website, access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against EMERGENCYBNB or to comply with legal process (for example, subpoenas or warrants); (ii) to prevent fraud; (iii) to undertake necessary customer support; or (iv) to protect the rights, property or safety of EMERGENCYBNB, its users, or members of the public. 

  1. Privacy Policy

You understand and agree that EMERGENCYBNB's Privacy Policy, found at  https://emergencybnb.com/terms-and-conditions, is incorporated into these Terms and Conditions by this reference and governs EMERGENCYBNB's collection and use of your personal information.

  1. Intellectual Property Ownership and Rights Notices

The EMERGENCYBNB Website and the Services are protected by copyright, trademark, and other and related laws of the United States and foreign countries. You acknowledge and agree that the EMERGENCYBNB Website and the Services, including all associated intellectual property rights, are the exclusive property of EMERGENCYBNB and its licensors. You shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the EMERGENCYBNB Website and the Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of EMERGENCYBNB used on or in connection with the EMERGENCYBNB Website and the Services are trademarks or registered trademarks of EMERGENCYBNB in the United States and abroad. Third party trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the EMERGENCYBNB Website and the Services are used for identification purposes only and are or may be the property of their respective owners. 

16.   EMERGENCYBNB Content and Member Content License

EMERGENCYBNB grants you a limited, non-exclusive, non-transferable license to access and view any content on the EMERGENCYBNB Website solely for your personal and non-commercial purposes.  No other rights are granted.  You shall not use, copy, adapt, modify, prepare derivative works based upon the EMERGENCYBNB Website content, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the EMERGENCYBNB Website and the Services except as expressly permitted in these Terms and Conditions.  

  1. Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content on the EMERGENCYBNB Website ("Host/Guest Content"). You hereby grant to EMERGENCYBNB a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Host/Guest Content on, through, by means of or to promote or market the EMERGENCYBNB Website or Services.

You acknowledge and agree that you are solely responsible for all Host/Guest Content that you make available through the EMERGENCYBNB Website or Services or through EMERGENCYBNB promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Host/Guest Content that you make available through the EMERGENCYBNB Website or Services or through EMERGENCYBNB promotional campaigns or that you have all rights, licenses, consents and releases that are necessary to grant to EMERGENCYBNB the rights in such Host/Guest Content, as contemplated under these Terms and Conditions; and (ii) neither the Host/Guest Content nor your posting, uploading, publication, submission or transmittal of the Host/Guest Content or EMERGENCYBNB's use of the Host/Guest Content (or any portion thereof) on, through or by means of the EMERGENCYBNB Website or Services, the Services or EMERGENCYBNB promotional campaigns will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

  1. Links

Some portions of the EMERGENCYBNB platform use Google Maps/Earth mapping services. In addition to your obligations hereunder, your use of Google Maps/Earth is subject to Google's Terms of Use.

The EMERGENCYBNB Website and Services may contain links to other third-party websites or resources. The availability of such links does not imply an endorsement by EMERGENCYBNB of such websites or resources or the content, products, or services available from such websites or resources.  You alone assume and accept all risk arising from your use of any such websites or resources or the content, products or services and you waive all claims against EMERGENCYBNB regarding your linking to such third-party websites.  

  1. Contacting EMERGENCYBNB

You may contact EMERGENCYBNB by emailing us, through the "Contact" section of the EMERGENCYBNB website. You acknowledge and agree that all content of all contacts is and will be the sole and exclusive property of EMERGENCYBNB and you hereby irrevocably assign to EMERGENCYBNB all of your right, title, and interest in and to all content of all contacts, including, without limitation, all worldwide intellectual property rights therein.

  1. Term and Termination, Suspension and Other Measures

Your ability to access the EMERGENCYBNB Website and to use the Services is granted at the sole discretion of EMERGENCYBNB and EMERGENCYBNB shall have the right to terminate these rights its sole discretion, immediately, with or without cause and without prior notice.  EMERGENCYBNB shall have no liability whatsoever in the event of such termination and you expressly waive all claims against EMERGENCYBNB, its owners, agents, attorneys, successors and assigns that may arise as a result of such termination.

21.   Injunctive Relief.  In addition to the relief available hereunder, EMERGENCYBNB shall have the right to obtain injunctive and other forms of equitable relief, on an ex parte basis and without the need to post a bond, to prevent the breach or threatened breach of the terms and conditions hereof as well as threats of imminent danger or harm to a Host, Guest, any EMERGENCYBNB employee or agent or the EMERGENCYBNB Website,  actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.  

 

22.   Indemnification

You agree to release, defend, indemnify, and hold EMERGENCYBNB 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 attorneys' and professional services fees, arising out of or in any way connected with your use of the EMERGENCYBNB Website or Services or your violation of these Terms and Conditions, including but not limited to any injuries, losses, or damages of any kind.

23.   Assignment

You may not assign or transfer these Terms and Conditions, by operation of law or otherwise, without EMERGENCYBNB's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, shall be null and void and of no effect. EMERGENCYBNB may assign or transfer these Terms and Conditions to any third party of its choosing, at its sole discretion and without restriction. 

24.   Successors and Assigns.  Subject to the foregoing limitations on assignment, these Terms and Conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.

  1. Notices

Any notices or other communications permitted or required hereunder regarding modifications to these Terms and Conditions, shall be provided by posting to the Terms and Conditions section of the EMERGENCYBNB Website and they shall be effective upon such posting.  All notices by Hosts, Guests and third parties to EMERGENCYBNB shall be provided by overnight mail and shall be effective upon receipt.

  1. Controlling Law and Jurisdiction

These Terms and your use of the Services will be interpreted in accordance with the laws of the District of Columbia and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of the Superior Court located in Washington, DC, or the  United States District Court for the District of Columbia for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the breach or threatened breach of the terms hereof as well as threats of imminent danger or harm to a Host, Guest, any EMERGENCYBNB employee or agent or the EMERGENCYBNB Website,  actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

  1. Dispute Resolution

Any dispute arising out of or relating to these Terms or Conditions or the Services or use of the EMERGENCYBNB Website or Services, other than the claims and remedies set forth in paragraph 26, of these Terms and Conditions, shall be settled by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association and the Federal Arbitration Act. You acknowledge and agree that you and EMERGENCYBNB are each waiving the right to a trial by jury or 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 and that the arbitrator may not consolidate more than one person's claims into a class or representative proceeding. 

  1. No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

29.   Remedies

 

EMERGENCYBNB's remedies are cumulative and assertion by EMERGENCYBNB of any right or remedy does not preclude the assertion by EMERGENCYBNB of any other rights or the seeking of any other remedies. 

 

  1. Paragraph Headings.  Paragraph headings are for convenience of reference only and shall not affect the interpretation of any of the provisions of these Terms and Conditions.
  2. Entire Agreement

Except as they may be supplemented by a document referenced and incorporated herein or by additional EMERGENCYBNB policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between EMERGENCYBNB and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any Bookings or Listings of Accommodations made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between EMERGENCYBNB and you regarding Bookings or listings of Accommodations, the Site, Application, Services, and Collective Content (excluding Payment Services).

 

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