EULA and Terms of Use

Effective as of November 1, 2017

Welcome to GayStay! The following End User License Agreement and Terms of Use (these “Terms of Use”) apply when you view or use the mobile software applications that GayStaybnb, Inc. (“GayStay,” the “Company,” “we,” or “our”) makes available for download (individually and collectively, the “App”), the related website located at https://www.gaystaybnb.com and any other online properties owned or controlled by or on behalf of GayStay (each a “Site” and, collectively, the “Sites”) (the App and the Sites are the “Service”). Please review the following terms carefully. BY INSTALLING, ACCESSING OR USING THE SERVICE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICE.

AGREEMENT OVERVIEW. As provided in greater detail in these Terms of Use (and without limiting the express language of the Terms of Use below), you agree and acknowledge that these Terms of Use include the following provisions:

  • ARBITRATION – disputes arising under these Terms of Use will be resolved by binding arbitration, and BY ACCEPTING THESE TERMS, YOU AND GAYSTAY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury (as set forth in Section XX).
  • LICENSE – the Service is licensed, not sold to you, and you may use the Service only as set forth in these Terms (as set forth in Section XI).
  • PRIVACY – you consent to the collection and use of certain of your personally identifiable information in accordance with GayStay’s Privacy Policy (as set forth in Section II).
  • NO WARRANTY – to the fullest extent permitted by law, the Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind and GayStay’s liability to you is limited (as set forth in Sections XVII and XVIII).

 

  • SERVICE DESCRIPTION

The Service provides a peer to peer online marketplace for users (“Users,” “you,” or “your”) to list, browse, and book accommodations locally. The Company is committed to offering welcoming and safe accommodations to the LGBTQ community with guests and hosts (“Hosts”) from a diverse range of lifestyles. We hope you will find it to be a fresh way to travel and connect with the global LGBTQ community!

  • PRIVACY POLICY

The Company respects the privacy of its Users. Please refer to the Company’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy, which is hereby incorporated by reference.

 

  • REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE

THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY THE COMPANY. IF YOU ARE UNDER 13 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. Furthermore, by accessing or using the Service, you affirm that either you are at least 18 years of age or you have been authorized to use the Service by your parent or legal guardian who is at least 18 years of age.

If you are a User who signs up for the Service, you will create a personalized account, which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liability, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

When creating an account, you will provide true, accurate, current and complete information as the Company requests. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on your account that, in our sole discretion, would or might constitute a violation of these Terms of Use, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of the Company, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then the Company may terminate your account immediately without notice to you and without any liability to you or any third party.

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Service. GayStay reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action we deem appropriate, including but not limited to canceling your account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

When becoming a Host, it's important to understand how the laws work in your city and/or state.  Some cities have laws governing or relating to the hosting of paying guests for short periods of time (“Hosting Laws”). These laws are often part of a city’s zoning or administrative codes. In some cities, you must register, get a permit, or obtain a license before you list your property or accept guests. Local governments vary greatly in how they enforce these laws and penalties may include fines or other enforcement.

GayStay recommends our hosts use Avalara, a tax collecting and reconciling service to address local tax and VAT regulations. Avalara charges a small monthly fee for this service.

Please review your local laws before listing your space on GayStay. You can check your locality’s governmental website for more detailed information.

 

  • FEES AND PAYMENT

Fees. The fees associated any accommodations booked will be displayed to you on the Service, and include expenses that may be incurred by the Host in the normal course of hosting you within the accommodations you have booked (collectively, “Fees”). Please review the GayStay FAQ for more information on pricing and fees.

Payment. Unless otherwise agreed, the Company accepts payment through our third party payment processor. Fees are due at the time of booking your accommodation. If you cancel your booking, you may be assessed with a cancellation fee. Please refer to our Cancellation Policy for details.

Payment Processor. Users make their contracts directly with other users, not with GayStay. Fees (including Base Fees) for using the Service will be processed via the Company’s third party payment processor. Our payment processor may require you to read and agree to its standard terms and conditions. The Company reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any payment; or (ii) refund, provide credits or arrange for our payment processor to do so. Users are liable for any taxes (including sales tax, if applicable) required to be paid on their use of the Service or on any related payment received (other than taxes on the Company’s income).

 

  • USE RESTRICTIONS; CONDUCT RESTRICTIONS

Your permission to use the Service is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

  • post any information or User Content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • use the service for any unlawful purpose or for the promotion of illegal activities;
  • attempt to, or harass, abuse, or harm another person or group of people;
  • use another User’s account without permission;
  • provide false or inaccurate information when registering an account;
  • interfere or attempt to interfere with the proper functioning of the Service;
  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
  • publish or link to malicious content intended to damage or disrupt another User’s browser or computer;
  • sell or otherwise transfer the access granted under these Terms of Use or any content available on the Service, or any right or ability to view, access, or use any such content; or
  • attempt to do any of the acts described in this Section VI or assist or permit any person in engaging in any of the acts described in this Section VI.

 

  • POSTING AND CONDUCT RESTRICTIONS.

When you create your own personalized account, you may be able to provide material, images, documents, or other material (“User Content”).  You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its sole discretion.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:

  • You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
  • You will not post information that is malicious, false or inaccurate;
  • You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
  • You will not post any information, images, depictions or other content which is, or may, violate the laws of the United States or the jurisdiction in which you reside;
  • your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; and
  • You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Service. If at any time the Company chooses, in its sole discretion, to monitor the content, the Company nonetheless assumes no responsibility or liability for the content or any loss or damage of any kind incurred as a result of the use of such content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. We may, at any time and without prior notice, remove, edit, or block any User Content that in our sole judgement violates these Terms of Use or is otherwise objectionable.

 

  • ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to Users.

Though the Company strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a User’s access to the Service or take other appropriate action if a User violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of Users or others. Unauthorized use may result in criminal and/or civil prosecution under the law. If you become aware of misuse of our Service, please contact us at https://www.gaystaybnb.com.

 

  • LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, the Company may provide you with convenient links to third party web site(s) (“Third Party Services”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. The Company has no control over Third Party Services and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Services or Third Party Applications, Software or Content. Such Third Party Services and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Services accessed through the Service or any Third Party Applications, Software or Content posted on, available through or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Services or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Service or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Service and access the Third Party Services or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Service or relating to any applications you use or install from the site.

  1. MESSAGES; LOCATION BASED SERVICES

The Service may allow you to send messages to other Users through the Service at your direction. You represent and warrant that (a) you will only send messages to others who have given you their express consent to receive such messages; (b) by using the Service, you are knowingly taking actions to initiate and send messages, and that the Company is merely a technology provider that plays no active role whatsoever in initiating and/or sending messages; and (c) you will indemnify and hold the Company harmless, to the fullest extent permitted by law, from any and all claims and losses arising out of your sending messages to others through the Service. Without limiting the foregoing, you are solely responsible for all fees and charges associated with your sending any messages through the Service, including, without limitation, any fees or charges imposed by your mobile carrier.

Some of the features of the Service may enable the Company to access your location in order to tailor your experience with the Service based on your location (“Location-based Services”). In order to use certain Location-based Services, you must enable certain features of your mobile phone, which enable the Company to identify your location through a variety of means, including GPS location, IP address, cell tower location, geo-fencing technology, or detection by physical on-location Wi-Fi or Bluetooth sensors, as available. If you choose to disable any Location-based Services on your device, you may not be able to utilize certain features of the Service. By enabling Location-based Services, you agree and acknowledge that: (a) device data we collect from you is directly relevant to your use of the Service; (b) the Company may provide Location-based Services related to and based on your then-current location; and (c) the Company may use any such information collected in connection with provision of the Service.

 

  • COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

Users and copyright owners may view the Company’s Digital Millennium Copyright Act Compliance and Repeat Infringer Policy at the following URL: https://www.gaystaybnb.com/pages/dmca.

 

  • LICENSE GRANT

Subject to your complete and ongoing compliance with these Terms of Use, the Company hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free, and worldwide right and license to (a) download and install one copy of the App on your mobile device; and (b) access and use the Service solely for your personal, non-commercial use and solely in strict compliance with the provisions of these Terms of Use.

 

  • INTELLECTUAL PROPERTY

By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, username, voice, and/or likeness as contained in your User Content, if applicable, in whole or impart, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant the Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

Except for User Content, you acknowledge and agree that we and our licensors retain ownership of all content that we provide to Users on or through the Service, and all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and business names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

 

  • EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Except for Notice given pursuant to Section XXI, communications made through the Service’s e-mail and messaging system will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.

 

  • USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications from the Company in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to GayStay. Opting out may prevent you from receiving messages regarding the Company or Special Offers.

 

  • TERM AND TERMINATION

These Terms of Use are effective beginning when you accept the Terms of Use or download, install, access, or use the Service, and ending when terminated as set forth in this Section. The Company may, at its sole discretion, terminate these Terms of Use or your account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms of Use at any time by deactivating your account. Upon termination of these Terms of Use: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer have access to your account; and (c) Sections II through IX, XI,XIII, and XVI through XXIII will survive.

The Company reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.

 

  • INDEMNITY

You are responsible for your use of the Service, and, to the fullest extent permitted by law, you will defend and indemnify the Company and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the “Company Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs (“Claims”) brought by a third party arising out of or connected with: (a) your use of, or misuse of, the Service not in compliance with these Terms of Use; (b) your violation of any portion of these Terms of Use, any representation, warranty, or agreement referenced in these Terms of Use, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) any dispute or issue between you and any third party, including any other User; and (e) if you are a Host, your violation of any Hosting Laws. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those Claims.

 

  • WARRANTY

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE.

YOU FURTHER ACKNOWLEDGE THAT THE COMPANY OFFERS NO WARRANTY WITH RESPECT TO THE QUALITY OF ANY ACCOMMODATIONS BOOKED THROUGH THE SERVICE, OR WITH RESPECT TO THE CONDUCT OF ANY OTHER USER.

 

  • LIMITATION OF LIABILITY; RELEASE

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT AS PROVIDED ABOVE AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO THE COMPANY (NOT TO HOSTS) IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO THE CLAIM; OR (B) $100.

IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OR A HOST, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) TO THE FULLEST EXTENT PERMITTED BY LAW FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

 

  • MODIFICATION OF TERMS OF USE

We may amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Service from time to time to view any such changes in these Terms of Use. If you continue to use the Service, you signify your agreement to our revisions to these Terms of Use. However, we will notify you of material changes to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Except as expressly permitted in this Section XVII, any changes to these Terms of Use or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. In any case, no purported waiver or modification of these Terms of Use by the Company via telephonic or email communications shall be valid. Disputes arising under these Terms of Use will be resolved in accordance with the version of these Terms of Use that was in effect at the time the dispute arose.

 

  • DISPUTE RESOLUTION AND ARBITRATION

Generally. In the interest of resolving disputes between you and the Company in the most expedient and cost effective manner, you and the Company agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. These Terms to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, AND THAT THESE TERMS WILL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

Exceptions. Notwithstanding the foregoing, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (d) to file suit in a court of law to address an intellectual property infringement claim.

Arbitrator. Any arbitration between you and the Company will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting the Company. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or electronic mail (“Notice”). The Company’s address for Notice is: GayStaybnb, Inc., 95 Christopher Street, 6B, New York, NY 10014 or legal@gaystaybnb.com. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or the Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, the Company will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by the Company in settlement of the dispute prior to the arbitrator’s award; or (iii) $15,000.

Fees. If you commence arbitration in accordance with these Terms, the Company will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York County, New York, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

No Class Actions. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Modifications to this Arbitration Provision. If the Company makes any future change to this arbitration provision, other than a change to the Company’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to the Company’s address for Notice, in which case your account with the Company will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

Enforceability. If the class action waiver above is found to be unenforceable or if the entirety of this Section XX is found to be unenforceable, then the entirety of this Section XX will be null and void.

  • GENERAL TERMS

If any part of these Terms of Use is held invalid or unenforceable, that portion of these Terms of Use will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms of Use will not be considered a waiver of our right to enforce such provision. Our rights under these Terms of Use will survive any termination of these Terms of Use.

These Terms of Use and your use of the Service are governed by the laws of New York, without regard to its conflict of law provisions. With the exception of claims governed by Section XX hereunder, you and the Company submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York, New York for resolution of any lawsuit or court proceeding permitted under these Terms of Use. We operate the Service from our offices in New York, and we make no representation that content or materials included in the Service are appropriate or available for use in other locations.

The Company may assign or delegate these Terms of Use and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT https://www.gaystaybnb.com REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Contact Information. The Service is offered by GayStaybnb, Inc., located at GayStaybnb, Inc., 95 Christopher Street, 6B, New York, NY 10014. You may contact us by sending correspondence to that address or by emailing us at contact@gaystaybnb.com. You can access a copy of these Terms of Use by clicking here: https://www.gaystaybnb.com/pages/terms-of-service.

Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

 

  • NOTICE REGARDING APPLE

This Section XXII only applies to the extent you are using our mobile application(s) on an iOS device. You acknowledge that these Terms of Use are between you and the Company only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.  Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe third party’s intellectual property rights.  You agree to comply with any applicable third party terms when using the Service.  Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary of these Terms of Use.  You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.