CORPORATE HOUSING BY OWNER
Please read this User Agreement (the "Agreement") carefully. The Agreement governs your use of the CORPORATE HOUSING BY OWNER(TM) Website (the "Website") and the services and goods provided through or in connection with the Website (collectively, the "Service"). CORPORATE HOUSING BY OWNER is a trademark of Corporate Housing by Owner, Inc. a Colorado Corporation. Each time you use the Service, you acknowledge that you have read and agree to be bound by the Agreement. If you do not agree to be bound by the Agreement, you may not use the Service. Consult with an attorney. This document affects your legal rights.
1. CORPORATE HOUSING BY OWNER IS ONLY A VENUE. The Website acts as an online marketplace for you to find and transact with other users (collectively, "you" or the "Users"), Users include owners of properties seeking tenants ("Owners"), prospective tenants seeking properties to rent ("Renters") and individuals and companies seeking to provide goods and services ("Advertisers"). CORPORATE HOUSING BY OWNER is not a broker, lender or seller. We do not accept or charge commissions for any transactions undertaken using the Website. CORPORATE HOUSING BY OWNER is not a party to any agreement you may make with regard to any USER or Service. Any agreement between you and a User is a legal contract and you should consult your legal and financial professionals before entering into any contact. Any information that you provide to Users in connection with your use of this Website is not confidential and you should not disclose any information that you believe is confidential or proprietary.
A. CORPORATE HOUSING BY OWNER is not responsible or liable for any products, services, information or other materials displayed, purchased, or obtained by you from the Website.
B. CORPORATE HOUSING BY OWNER does not endorse, warrant or guarantee the products or services of any Users.
C. CORPORATE HOUSING BY OWNER is not liable for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising there from or occasioned thereby, or for the results obtained from the use of the information. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information.
D. Any information on the Website can change without notice. In our sole discretion, we may add, delete, and modify terms as we may decide in our sole discretion.
2. TRANSACTIONS/PAYMENT. You may post content or view content posted by others on the Service. CORPORATE HOUSING BY OWNER is not responsible for the accuracy of such content and may or may not monitor such content in its sole discretion. You may act as Owner, Renter or Advertiser and correspond with, participate in promotions by, and conduct transactions with the other Users. CORPORATE HOUSING BY OWNER is not a party to the transactions between you and the Users of the Website.
You may complete transactions as follows:
A. Transaction Processing by the Owner. For certain transactions, Users are directed to the Owner's web site for transaction processing or Owners provide Renters with Owner's contact information outside the Website to complete a transaction. CORPORATE HOUSING BY OWNER never collects credit card information from buyers for such transactions. CORPORATE HOUSING BY OWNER collects any required User fees directly from Users.
B. Third Party Transaction Processing. In other cases, Owners may refer Renters to third parties, such as an escrow service, for transaction processing. The third parties establish the terms of service for any such transactions. In any event, CORPORATE HOUSING BY OWNER is not involved in the collection of any deposits, rents, fees or other charges. The Agreement governs all transactions through the Service. By participating in a transaction through the Service, you may be required to agree and accept additional terms and conditions established by an Owner or other User. CORPORATE HOUSING BY OWNER and any of CORPORATE HOUSING BY OWNER's Co-branded Partners, Licensees, Affiliates, agents and employees (collectively "CORPORATE HOUSING BY OWNER") assume no liability, obligation or responsibility in connection with any transactions between you and the Users of the Website. In the event of a dispute among or with the Users or any third party, you release CORPORATE HOUSING BY OWNER and its service providers from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code 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," as well as any other statute or common law principle of similar effect in any State. In the event CORPORATE HOUSING BY OWNER becomes a party to any litigation as a result of such a dispute, you agree to pay the costs and attorney's fees incurred by CORPORATE HOUSING BY OWNER in connection therewith.
PAYMENT. If purchasing by credit card, charge card of check that client permanently and irrevocably waives any and all right to a refund against this purchase for any reason against CHBO if we have fulfilled this contractual obligation to the client.
3. LINKS. CORPORATE HOUSING BY OWNER may provide links to external websites or resources for your convenience and reference only. CORPORATE HOUSING BY OWNER does not endorse and are not responsible for the availability of these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. You specifically waive any claim against CORPORATE HOUSING BY OWNER, its partners, Users or its service providers arising out of your use of external websites or resources.
4. MEMBER REGISTRATION. You must register as a "Member" with CORPORATE HOUSING BY OWNER to access certain functions of the Website. You must provide certain current, complete, and accurate information about yourself (the "Registration Data") when registering as a Member or updating your Registration Data. You agree that such information is truthful and complete. You agree to maintain and keep your Registration Data current and to update the Registration Data as soon as it changes. You are responsible for maintaining the security of your password. CORPORATE HOUSING BY OWNER and its service providers are not liable for any loss that you may suffer through the use of your password by others. You agree to notify CORPORATE HOUSING BY OWNER immediately of any unauthorized use of your account or of any other breach of security known to you with respect to the Service. You agree to report any violations of this Agreement by others to email@example.com.
5. OWNERSHIP. All of the material included on the Website, including but not limited to trademarks, text, graphics, logos and service marks (collectively, the "Content"), is the property of CORPORATE HOUSING BY OWNER and other parties. U.S. and international copyright laws protects all Content available on the Website. Your use of the Service and the Content does not transfer to you any ownership or other rights in the Service or the Content. You may download Content displayed on the Website for your personal, noncommercial use only, provided you also retain all copyright and other proprietary notices contained on the Content. You may not modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works using any of the Content for commercial or public purposes.
A. Grant of License. You hereby grant to CORPORATE HOUSING BY OWNER, on all media, whether now known or hereinafter devised, a non-exclusive, worldwide, assignable, royalty-free license to: display, publish, use, reproduce, reformat, compile, archive, distribute, and transmit all materials provided by you to CORPORATE HOUSING BY OWNER ("Member Content") and display your name, trademarks and service marks (as used in connection with Member Content). You may submit Member Content only in accordance with CORPORATE HOUSING BY OWNER's current content submission guidelines. CORPORATE HOUSING BY OWNER shall have no obligation to post Member Content, may remove Member Content, or may change or discontinue the Website at any time in its sole discretion. CORPORATE HOUSING BY OWNER has no obligation to monitor Member Content submitted by you or others in connection with the Website. Unless or until CORPORATE HOUSING BY OWNER specifies another form of delivery of Member Content or another URL address, you may submit Member Content to CORPORATE HOUSING BY OWNER at http://www.CORPORATE HOUSING BY OWNER. As the sole consideration for the license and rights granted to CORPORATE HOUSING BY OWNER under the Agreement, CORPORATE HOUSING BY OWNER will consider posting Member Content on the Website.
B. Ownership, Copyright and Trademarks. You retain all right, title and interest (subject to the license granted herein) in and to Member Content you submit to CORPORATE HOUSING BY OWNER, and represent and warrant that such Member Content and the license granted herein (I) is factually accurate; (ii) does not violate any intellectual property rights; (iii) does not contain information which is obscene or defames, libels or otherwise injures or interferes with the privacy of others; and (iv) does not require the payment of any kind by CORPORATE HOUSING BY OWNER to others.
7. ACCEPTABLE USE OF THE WEBSITE. Your use of the Service must be lawful and consistent with the security and reliability of the Service and the World Wide Web. In addition, the following rules apply to your use of the Service:
1. You certify to CORPORATE HOUSING BY OWNER that you are at least 18 years of age.
2. You assume full responsibility for the use of the Service by any minors.
3. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Your conduct is subject to Internet regulations, policies and procedures.
4. You are solely responsible for the content of your transmissions and the products you sell through the Service. You acknowledge and agree that CORPORATE HOUSING BY OWNER does not endorse the actions, the contents of communications, or the products of the Users.
5. You must obtain and maintain any equipment or ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, software, and long distance and local telephone service. You are responsible for ensuring that such equipment and ancillary services are compatible with the Service.
6. You must complete all transactions you agree to complete in connection with the Service.
7. In your capacity as a seller, if applicable, and in transactions when CORPORATE HOUSING BY OWNER is not collecting payment on your behalf, you will be solely responsible for all aspects of transaction order processing and fulfillment, including but not limited to processing credit card information, authorization and fraud detection, shipping and handling, buyer support and service inquiries. You must forward all feedback you receive regarding the Service to CORPORATE HOUSING BY OWNER when acting as an Owner.
9. CORPORATE HOUSING BY OWNER is family-oriented, traditional-values based service. This is in response to clients' requests. CORPORATE HOUSING BY OWNER does not promote pornography in any manner whatsoever or other objectionable activities and/or causes as determined in its sole discretion. CORPORATE HOUSING BY OWNER may allow, or disallow, your participation at any time for any reason whatsoever.
10. CORPORATE HOUSING BY OWNER does not provide any form of property or casualty insurance. Owners and Renters are advised to obtain such coverage in such amounts as they deem reasonable and prudent.
8. PROHIBITED CONDUCT. You must not: (a) use the Service for any illegal purpose or for the transmission of any material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another; (b) directly or indirectly interfere or attempt to interfere with the proper working of the Website, any account, or any communication or transaction being conducted on our Website; (c) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content without our prior expressed written permission; (d) take any action which imposes an unreasonable or disproportionately large load on our infrastructure, (e) use or disclose (to anyone except CORPORATE HOUSING BY OWNER) any information you obtain about or from other users of the Service, or you obtain from CORPORATE HOUSING BY OWNER if such information is marked confidential, for any purpose except fulfillment of orders initiated by the Users or negotiating prices with the Users, (f) conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, or manipulate or attempt to manipulate prices, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the Service, or (g) send any unsolicited e-mail or advertising to any known user.
10. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. CORPORATE HOUSING BY OWNER PROVIDES THE SERVICE ON AN "AS IS" BASIS. CORPORATE HOUSING BY OWNER AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AND NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CORPORATE HOUSING BY OWNER AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO CORPORATE HOUSING BY OWNER OR ITS SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, AS TO CONFIDENTIALITY OR PRIVACY OF ANY OF USER'S INFORMATION REGISTRATION DATA, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. CORPORATE HOUSING BY OWNER AND ITS SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE AND ARE NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY MERCHANTS OR OTHER USERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CORPORATE HOUSING BY OWNER OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
While CORPORATE HOUSING BY OWNER takes reasonable steps to safeguard and to prevent unauthorized access to your information and Registration Data, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL CORPORATE HOUSING BY OWNER BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION OR REGISTRATION DATA, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER CORPORATE HOUSING BY OWNER WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
11. LIMITATION OF LIABILITY. CORPORATE HOUSING BY OWNER AND ITS SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF CORPORATE HOUSING BY OWNER OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL CORPORATE HOUSING BY OWNER AND ITS SERVICE PROVIDERS EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER OTHER FAULT OR WRONGDOING BY CORPORATE HOUSING BY OWNER OR ITS SERVICE PROVIDERS OR ANY PERSON FOR WHOM EITHER CORPORATE HOUSING BY OWNER OR ITS SERVICE PROVIDERS ARE RESPONSIBLE, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO CORPORATE HOUSING BY OWNER FOR THE USE OF THE SERVICE WHICH IS THE SUBJECT OF THE CLAIM.
12. INDEMNIFICATION. You agree to indemnify and hold CORPORATE HOUSING BY OWNER, its partners, subsidiaries, affiliates, officers and employees, and service providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website, the Service, the violation of this Agreement by you, or the infringement by you, or other User of the Service using your computer, of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. CORPORATE HOUSING BY OWNER and its Service providers assume no responsibility whatsoever for such content or actions.
13. RELEASE. YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE CORPORATE HOUSING BY OWNER AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
14. TERMINATION. If you breach any provision of this Agreement, you may no longer use the Service. CORPORATE HOUSING BY OWNER may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without notice to you and without liability to you or any other person. If CORPORATE HOUSING BY OWNER terminates this Agreement for any reason, it continues to apply and bind you with respect of your prior use of the Service, including payment of any charges accrued in connection with use of the Service. Upon termination, CORPORATE HOUSING BY OWNER may remove from the Website and permanently delete and destroy any Member Content that you or others may have posted or submitted without any prior notice or liability to you or any other person.
DISPUTE RESOLUTION (The "Arbitration Clause"). In the event of a dispute, you and CORPORATE HOUSING BY OWNER agree to submit to binding arbitration as your exclusive forum. The arbitration will be held in Denver, Colorado under the rules of the American Arbitration Association before one arbitrator on an individual basis and not as a class action. You waive any right you may have to arbitrate a dispute as a class action.
Arbitration shall be conducted by a person licensed to practice law and knowledgeable in the area of dispute, jointly selected by the parties pursuant to applicable rules. The arbitrator shall apply governing substantive law in making an award. All costs associated with the dispute resolution shall be divided equally between the parties. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. The prevailing party in such action shall be entitled to recover reasonable attorneys' fees. "Prevailing party" includes, without limitation, a party who agrees to dismiss an action upon the other party's payment of the sums allegedly due or performance of the covenants allegedly breached, or who obtains substantially the relief sought by it.
The arbitrator's award is final and binding on all parties. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder remains enforceable.
. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND CORPORATE HOUSING BY OWNER WILL BE RESOLVED BY BINDING ARBITRATION AND NOT IN COURT OR BY JURY TRIAL.
A. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST CORPORATE HOUSING BY OWNER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN THE WISCONSIN CONSUMER ACT, WIS. STATS. S 426.110. WOULD NEED TO BE COLORADO
B. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
15. GENERAL. The Agreement comprises the entire agreement between you and CORPORATE HOUSING BY OWNER and supersedes all prior agreements regarding the subject matter contained herein. CORPORATE HOUSING BY OWNER may amend the terms and conditions of this Agreement (the "amended terms") from time to time. If you continue to use the Service after the amended terms become effective, you are deemed to have agreed to be bound by the amended terms. If you do not agree to the amended terms, then you agree not to use the Service. Your continued use of the Service constitutes an affirmative: (a) acknowledgment by you of this Agreement and its amended terms; and (b) agreement by you to abide and be bound by the Agreement and its amended terms. Except as set forth below, you must make all notices to CORPORATE HOUSING BY OWNER in writing via conventional mail or e-mail addressed to 'support' at CORPORATE HOUSING BY OWNER.
If you believe that any content posted on the Website infringes any of your intellectual property rights or the intellectual property rights of any third party, you must promptly provide the following notice in writing to CORPORATE HOUSING BY OWNER to 'support' at CORPORATE HOUSING BY OWNER; CORPORATE HOUSING BY OWNER may change this address at any time by posting a notice to the Website: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement under penalty of perjury that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Agreement shall be governed by and construed in accordance with the laws of the State of Colorado (without regard to conflict of laws provisions thereof). If any provision(s) of the Agreement is held contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. CORPORATE HOUSING BY OWNER's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CORPORATE HOUSING BY OWNER in writing. The section titles in the Agreement are used solely for the convenience of the parties and have no legal or contractual significance.
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