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Terms of Use

Terms of Use

Please read these Terms of Use carefully before you start to use the Website. By accessing or using the Platform [or by clicking to accept or agree to the Terms of Use when this option is made available to you], you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at http://healthcaretravels.com, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.

Please note: These Terms of Use contains an arbitration clause and class action waiver that applies to all Users. In the event that you dwell in the United States, this arrangement applies to all disputes with HCT. In the event that you dwell outside of the United States, this arrangement applies to any activity you bring against HCT in the United States. It influences how question with HCT are settled. By tolerating these Terms of Use, you consent to be bound by this arbitration statement and class activity waiver. If it’s not too much trouble read it carefully to get full understanding.

 

Last Modified: April 14,2018

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Health Care Travels, LLC (“HCT”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of http://healthcaretravels.com , including any content, functionality and services offered on or through http://healthcaretravels.com  (the “Website”), whether as a guest or a registered user.

Use of the Platform

The Website is a centralized marketplace which allows property owners or managers who advertise on the Website (each, a “Host or Co-Host”) to offer for rent a specific short-term housing accommodation (“Accommodation” or “Listings”, as applicable) to potential travel healthcare professionals (include but not limited to, doctors, nurses, dentists, pharmacists, and CNAs). on work assignments or under contract (each, a “Traveler” and, collectively with a Host or Co-Host, the “Users”). The services offered by Host or Co-Host are hereinafter referred to as “Host Services.”

The Website is comprised of various listings and web pages created and maintained for the benefit of Users. It is provided to locate short-term housing accommodation, list property for rent, register as a new User, pay for reservations online, find a roommate, locate RV campsites, scouting or conduct other business with us (collectively “Services”). The Services and Website are hereinafter collectively referred to as the “Platform”. The Platform is offered to you conditioned upon your acceptance of these Terms of Use, without modification.

We may also facilitate online bookings and/or other tools or services to allow Hosts and Travelers to communicate directly with each other and to enter into rental agreements (“Rental Agreements”) directly with each other. The Platform is only for the purposes of facilitating interactions and rental transactions between Host/Co-Host and Travelers. HCT is not, and does not become, a party to any contractual relationship between the Traveler and the Host/Co-Host.

You are responsible for, and agree to comply with, all laws, rules and regulations applicable to your use of the Platform, any transaction you enter into on the Platform or in connection with your use of the Platform. You agree and acknowledge that each Host is solely responsible for and agrees to comply with all laws, rules and regulations applicable to its Listing and rental of its property and the conduct of its rental property business, including obtaining all necessary rights, licenses and authorizations.

 

As the supplier of the Platform, we do not claim, make, offer, exchange, give, control, oversee, offer, conveyor supply any Listings or Host Services. Host alone are in charge of their Listings and Host Services. At the point when Travelers make or acknowledge a booking, they are going into an agreement with each other. HCT isn’t and does not turn into a gathering to or other user in any legally binding connection between Users, nor is HCT a land agent or back up plan. HCT isn’t going about as an operator in any way for any User, with the exception of as determined in the Payments Terms.

 

While we may help encourage the determination of disputes, HCT has no power over and does not ensure (I) the presence, quality, wellbeing, appropriateness, or lawfulness of any Listings or Host Services, (ii) reality or precision of any Listing portrayals, Ratings, Reviews, or other User Content (as described below), or (iii) the execution or lead of any User or third party. HCT does not support any User, Listing or Host Services. Any references to a Host/CoHost being “verified” (or similar reference) merely demonstrate that (1) the Host has finished a pertinent confirmation or distinguishing proof process;  or (2) the Host has been Scouted (as described below). Any such description isn’t a support, confirmation or certification by HCT about any User, including of the User’s personality or foundation or whether the User is reliable, safe or trustworthy. You ought to dependably practice due determination and care when choosing whether to remain in an Accommodation, roommate with or accept RV recommendations or utilize other Host Services, acknowledge a booking demand from a Traveler, or convey and cooperate with different Users, regardless of whether on the web or face to face. Confirmed Images (as described below) are merely to show a photographic representation of a Listing at the time the photograph was taken, and are thus not an endorsement by HCT of any Host or Listing.

 

If you utilize the Platform as a User, your association with HCT is restricted to being a outsider temporary worker, and not a representative, specialist, joint venture or accomplice of HCT for any reason, and you act solely for your sake and for your own particular advantage, and not on sake, or for the advantage, of HCT.

 

Due to the nature of the Internet, HCT cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. HCT may restrict the availability of the Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform. HCT may improve, enhance and modify Platform and introduce new services from time to time.

 

The Google® Translate tool is made available on this Platform to enable you to translate content such as user-generated reviews. The Google® Translate tool uses an automated process to translate text and this may result in inaccuracies. Your use of the Google® Translate tool is entirely at your own risk. HCT does not warrant or make any promises, assurances or guarantees as to the accuracy or completeness of the translations provided by Google® Translate.

This Platform is offered and available to users who are health care professionals or 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Platform, you represent and warrant that you are of legal age to form a binding contract with the HCT and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.

Links to Third-Party Websites

The Platform may contain hyperlinks to websites operated by parties other than Company. Such hyperlinks are provided for your reference only. HCT does not control such websites and is not responsible for your use, their contents, the privacy or other practices of such websites. Company’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Changes to the Terms of Use

We may revise and update these Terms of Use at any time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter.

Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. Please periodically check this page when you access this Platform so you are aware of any changes, as they are binding on you.

 

Accessing the Platform, Eligibility, User Verification and Account Security

We urge all Users to be responsible about their use of the Platform.  We do not own or manage, nor can we contract for, any Listing on the Platform.

You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Host Service(s) are located or take place 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.

 

We may make the access to and utilization of the Platform, or certain areas or highlights of the Platform, subject to specific conditions or requirements, for example, completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.

 

User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each User’s purported identity. We encourage you to communicate directly with a traveler or Host through the tools available on the Platform, though even this does not assure you of the identity of the person with which you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person’s identity and, for travelers, of the property and relevant details of your booking or proposed booking.

For transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users, (ii) ask employment agency to provide background verification,  (iii) screen Users against third party databases or other sources and request reports from service providers, and (iv) where we have sufficient information to identify a User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

If you access or download HTC mobile software from an app store, you consent to your mobile operating system’s license agreement. Some areas of the Platform implement Google Maps/Earth mapping administrations, including Google Maps API(s). Your utilization of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

You are solely responsible for:

  • Making all arrangements necessary for you to have access to the Platform.
  • Maintaining the confidentiality of your ID and password.
  • Ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.

To access and utilize certain areas of the Platform, you will be asked to provide certain registration details or other information to create an account (“HCT Account”). It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete. You agree that all information you provide to register with this Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you create a HCT Account or link any accounts from Facebook, google, twitter or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You may not create more than one (1) account unless We approve you to do as such. You agree that your HCT Account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password or other security information. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your user name, password or any credit, debit or charge card number stored on the Platform), you agree to promptly change your password and notify us by contacting us my email at the following address support@healthcaretravels.com .

You also agree to ensure that you exit from your HCT Account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms of Use. You agree that You will not use the Platform unless You are capable of entering into a legally binding contract.

We may enable features that allow you to authorize other Users or certain third parties to take certain actions that affect your HCT Account. For example, we may allow Users associated with an Enterprise (as defined in our Privacy Policy ) to book for other Users, or we may allow Hosts to add other Users as Co-Hosts (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by HCT to ask for your credentials, and you shall not request the credentials of another User.

Payments

All payment installment handling administrations through or regarding your utilization of the Platform (“Payment Services”) are given to you by at least one HCT Payments substances (independently and collectively, as suitable, “HCT Payments”) as set out in the Payments Terms of Service (“Payments Terms”).

Host alone are in charge of distinguishing, understanding, and following all laws, principles and directions that apply to their Listings and Host Services. For instance, a few urban areas have laws that limit their capacity to have paying visitors for brief periods or give certain Host Services. In numerous urban communities, Hosts may need to enlist, get an allow or acquire a permit before getting ready sustenance or serving liquor available to be purchased. A few urban areas may require a permit to manage visits or to cruise. Host are separated from everyone else in charge of recognizing and acquiring any required licenses, grants, or enlistments for any Host Services they offer. Certain sorts of Host Services might be restricted by and large. Punishments may incorporate fines or other requirement. We give some data in our Help Center to enable you to distinguish a portion of the commitments that apply to you. On the off chance that you have inquiries regarding how nearby laws apply to your Listing(s) and Host Service(s) on HCT, you ought to dependably look for legitimate direction.

Service Fees

 

We may charge fees to Hosts (“Host Fees”) and/or Travelers (“Traveler Fees”) (collectively, “Service Fees”) in consideration for the use of the Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page

 

Any applicable Service Fees (including any applicable taxes) will be displayed to a Host or Traveler prior to publishing or booking a Listing. HCT reserves the right to change the Service Fees at any time, and we will provide Users adequate notice of any fee changes before they become effective.

 

You agree to pay the Service Fees that you owe to Us. The applicable Service Fees are due and payable and collected by Us pursuant to the Payments Terms. Except as otherwise provided on the Platform, Service Fees are non-refundable. You agree not to circumvent or attempt to circumvent the Service Fees.

Terms specific for Hosts

Terms applicable to all Listings

 

When creating a Listing through the Platform you must (i) provide complete and accurate information about your property (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply and (iii) provide any other pertinent information requested by Us. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

 

You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (“Listing Fee”). Once a Traveler requests a booking of your Listing, you may not request that the Traveler pays a higher price than in the booking request.

 

Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms of Use or the Cancellation Policy you have selected for your Listing.

 

Pictures, animations or videos (collectively, “Images”) used in your Listings must accurately reflect the quality and condition of your Host Services. We reserve the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

 

The placement and ranking of Listings in search results on the may vary and depend on a variety of factors, such as search parameters, Travelers preferences, Host requirements, reservation history, price and calendar availability, number and quality of Images, customer service and cancellation history, reviews and ratings, ease of booking, and other factors that we may deem important to the User experience from time to time.

 

When you accept or have pre-approved a booking request by a Traveler, you are entering into a legally binding agreement with the Traveler and are required to provide your property to the Traveler as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes, which will be collected pursuant to the Payments Terms.

 

We recommend that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Traveler (and the individuals the Traveler has booked for, if applicable) while staying at your Accommodation or participating in other Host Service.

 

Notwithstanding the provision of direct communication tools to Hosts and Travelers, we have no responsibility for or otherwise any involvement in the communications between Hosts and Travelers.

 

Terms applicable to Co-Hosts

 

We may enable Hosts to authorize other users (“Co-Hosts”) to administer the Host’s Listing(s), and to bind the Host and take certain actions in relation to the Listing(s) as permitted by the Host, such as accepting booking requests, messaging and welcoming Travelers, and updating the Listing Fee and calendar availability (collectively, “Co-Host Services”). Any agreement formed between Host and Co-Host may not conflict with these Terms of Use and the Payments Terms. Co-Hosts may only act in an individual capacity and not on behalf of HCT or other organization, unless expressly authorized by Us. We reserve the right, in our sole discretion, to limit the number of Co-Hosts a Host may invite for each Listing and to limit the number of Listings a Co-Host may manage.

 

Hosts and Co-Hosts may agree on a fee (“Co-Host Services Fee”) in consideration for the Co-Host Services provided by the Co-Host. When such an agreement is made, the Host agrees to pay the Co-Host Services Fee for any confirmed booking of their Listing, which will be deducted directly from the Listing Fee after deduction of any applicable Host Fee. In addition, Hosts may instruct a Co-Host to provide certain one-time services in relation to their Listing. Hosts can pay Co-Hosts for one-time services and any other expenses using the Resolution Center.

 

Hosts and Co-Hosts agree that each activity, booking, or other transaction reported on the Platform, including any Co-Host Services provided by the Co-Host and any amounts due from a Host to the Co-Host for the provision of such services, will be deemed accurate, correct and binding, unless challenged, by notifying the other person and HCT (by emailing support@healthcaretravels.com ), within 21 days of posting of the disputed activity, booking or other transaction on the Platform.

 

Hosts should exercise due diligence and care when deciding who to add as a Co-Host to their Listing(s). Hosts remain solely responsible and liable for any and all Listings and User Content published on the Platform, including any Listing created by a Co-Host on their behalf. Further, Hosts remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Host(s). Co-Hosts remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Host, including, but not limited to, conduct that causes harm or damage to the Host. In addition, both Host and Co-Host are jointly responsible and severally liable for third party claims, including Traveler claims, arising from the acts and omissions of the other person as related to hosting activities, communications with Guests, and the provision of any Co-Host Services.

 

Unless agreed otherwise by Host and Co-Host, Host and Co-Host may terminate the Co-Host agreement at any time. In addition, both Host and Co-Host acknowledge that their Co-hosting relationship will terminate in the event that HCT (i) terminates the Co-Host service or (ii) terminates either party’s participation in the Co-Host service. When the Co-Host agreement is terminated, the Host will remain responsible for all of the Co-Host’s actions prior to the termination, including the responsibility to fulfill any pending or future bookings initiated prior to the termination. When a User is removed as a Co-Host, that User will no longer have access to any Host or Guest information related to the applicable Host’s Listing(s).

 

As a Co-Host, you will not be reviewed by Travelers, meaning that your Co-Host activities will not affect your Reviews or Ratings for other Listings for which you are a Host. Instead, the Host of such Listing(s) will be reviewed by Guests (including potentially on the basis of the Co-Host’s conduct and performance). Hosts acknowledge that Reviews and Ratings from Guests for their Listing(s) may be impacted by a Co-Host’s conduct and performance.

 

Terms applicable to all bookings

 

Subject to meeting any requirements (such as completing any verification processes) set by the Host, you can book a Listing available on the Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Traveler Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your HCT Account.

 

Upon receipt of a booking confirmation from us, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable Cancellation Policy and any rules and restrictions specified in the Listing. HCT Payments will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the Payments Terms.

 

If you book a Listing on behalf of additional travelers, you are required to ensure that every additional Traveler meets any requirements set by the Host, and is made aware of and agrees to these Terms of Use and any terms and conditions, rules and restrictions set by the Host.

Booking Accommodations

 

You agree that a confirmed booking of an accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the limited duration of the Accommodation Booking, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.

 

You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host’s consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Traveler Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, “Overstay Fees”). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. HCT Payments will collect Overstay Fees from you pursuant to the Payments Terms. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Traveler’s Overstay.

 

Listing Accommodations

 

Host may only list one Accommodation per Listing. Host may choose to require a security deposit for their Listings, each Listing will specify whether a security deposit is required for the applicable Listing (“Security Deposit”). Hosts are not allowed to ask for a Security Deposit after a booking has been confirmed or outside of the Platform. We will use commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but We are not responsible for administering or accepting any claims by Hosts related to Security Deposits.

 

You represent and warrant that you own the Accommodation or are duly authorized to arrange for use and occupancy of the Accommodation by way of license to occupy (as principal and not as agent).

 

You represent and warrant that any Listing you post and the booking of, or a Traveler’s stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Traveler (and the individuals the Traveler invites to the Accommodation, if applicable).

 

Booking Modifications, Cancellations and Refunds, Resolution Center

 

Hosts and Travelers are responsible for any modifications to a booking that they make via the Platform or direct HCT customer service to make (“Booking Modifications”), and agree to pay any additional Listing Fees, Host Fees or Traveler Fees and/or Taxes associated with such Booking Modifications.

 

Guests can cancel a confirmed booking at any time subject to the Listing’s Cancellation Policy, and HCT Payments will provide any refund to the Traveler in accordance with such Cancellation Policy. Unless extenuating circumstances exist, any amounts due to the Host under the applicable Cancellation Policy will be remitted to the Host by HCT Payments pursuant to the Payments Terms.

 

If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking and HCT may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, HCT may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking pursuant to HCT’s Extenuating Circumstances Policy or has legitimate concerns about the Traveler’s behavior.

 

In certain circumstances, We may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in HCT’s Extenuating Circumstances Policy or (i) where We believe in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Us, other Users, third parties or property, or (ii) for any of the reasons set out in these Terms of Use.

 

If a Traveler suffers a Travel Issue pursuant to the Guest Refund Policy, HCT may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy.

 

Users may use the Resolution Center to send or request money for refunds, additional Host Services, Co-Host Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your HCT Account, and HCT Payments will handle all such payments pursuant to the Payments Terms.

 

For unexpected canceled work assignments speak with Host first and refer to – contract between you and the host to know your options if unresolved contact us at support@healthcaretravels.com

Ratings and Reviews

 

Within a certain time frame after completing a booking, Guests and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Any Ratings or Reviews reflect the opinion of individual Users and do not reflect Our opinion. Ratings and Reviews are not verified by Us for accuracy and may be incorrect or misleading.

 

Ratings and Reviews by Guests and Hosts must be fair, truthful and factual and may not contain any offensive or defamatory language. Ratings and Reviews must comply with HCT’ Content Policy and Extortion Policy.

 

Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another User. Ratings and Reviews displayed on this Platform are intended as only general guidelines, and We do not guarantee the accuracy of the Ratings or Reviews.

Damage to Accommodations, Disputes between Users

As a Traveler, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).

 

If a Host claims and provides evidence that you as a Traveler have damaged an Accommodation or any personal or other property at an Accommodation (“Damage Claim”), the Host can seek payment from you through the Resolution Center. If a Host escalates a Damage Claim to HCT, you will be given an opportunity to respond. If you agree to pay the Host, or HCT determines in its sole discretion that you are responsible for the Damage Claim, HCT Payments will utilize the Security Deposit to cover the Damage Claim pursuant to the Payments Terms. HCT also reserves the right to otherwise collect payment from you and pursue any remedies available to HCT in this regard in situations in which you are responsible for a Damage Claim.

 

Users agree to cooperate with and assist HCT in good faith, and to provide HCT with such information and take such actions as may be reasonably requested by HCT, in connection with any Damage Claims or other complaints or claims made by Users relating to Accommodations or any personal or other property located at an Accommodation.

 

Taxes

As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes”).

 

Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.

 

You understand that any appropriate governmental agency, department and/or authority (“Tax Authority”) where your Accommodation is located may require Taxes to be collected from Travelers or Hosts on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Hosts, a set amount per day, or other variations, and are sometimes called “transient occupancy taxes,” “hotel taxes,” “lodging taxes,” “city taxes,” “room taxes” or “tourist taxes” (“Occupancy Taxes”).

 

In certain jurisdictions, HCT may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Hosts, in accordance these Terms (“Collection and Remittance”) if such jurisdiction asserts HCT or Hosts have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize HCT (via HCT Payments) to collect Occupancy Taxes from Guests on the Host’s behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected and remitted by HCT will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Where HCT is facilitating Collection and Remittance, Hosts are not permitted to collect any Occupancy Taxes being collected by HCT relating to their Accommodations in that jurisdiction.

 

You agree that any claim or cause of action relating to HCT’s facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by HCT in connection with facilitation of Collection and Remittance, if any. Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by HCT from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

 

We reserve the right, with prior notice to Hosts, to cease the Collection and Remittance in any jurisdiction for any reason at which point Hosts and Guests are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations in that jurisdiction.

 

Intellectual Property Rights

The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, service marks or other material  contained on the Platform), are owned by the Company, its licensors, partners or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Platform to search for legitimate short-term housing needs. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify, transfer, sell, distribute copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks/Copyright

The HCT name, the terms [LIST HCT TRADEMARKS], [the HCT logo] and all related names, logos, product and service names, designs and slogans are trademarks of the HCT or its affiliates or licensors or partners. You must not use such marks without the prior written permission of HCT. All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners.

You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform, HCT Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of HCT used on or in connection with the Platform and HCT are trademarks or registered trademarks of HCT in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Platform, HCT Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

HCT respects copyright law and expects its Users to do the same. If you believe that any content on the Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.

 

Prohibited Uses

You may use the Platform for lawful purposes only and in accordance with these Terms of Use. You agree not to use the Platform:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a HCT employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names or associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm the HCT or users of the Platform or expose them to liability.

Additionally, you agree not to:

  • Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
  • Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
  • Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Platform.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.
  • Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Platform.
  • You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Platform. In connection with your use of the Platform, you will not and will not assist or enable others to:
  • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms of Use, Policies or Standards;
  • use the Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms of Use or in a manner that falsely implies our endorsement, partnership or otherwise misleads others as to your affiliation with HCT;
  • copy, store or otherwise access or use any information, including personally identifiable information about any other Uset, contained on the Platform in any way that is inconsistent with our Privacy Policy or these Terms of Use or that otherwise violates the privacy rights of Users or third parties;
  • use the Platform in connection with the distribution of unsolicited commercial messages (“spam”);
  • offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the Platform;
  • unless we explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
  • contact another User for any purpose other than asking a question related to a your own booking, Listing, or the User’s use of the Platform, including, but not limited to, recruiting or otherwise soliciting any User to join third-party services, applications or platforms, without our prior written approval;
  • use the Platform to request, make or accept a booking independent of the Platform, to circumvent any Service Fees or for any other reason;
  • request, accept or make any payment for Listing Fees outside of the Platform or HCT Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms of Use; (ii) accept all risks and responsibility for such payment, and (iii) hold HCT harmless from any liability for such payment;
  • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
  • use, display, mirror or frame the Platform or Collective Content, or any individual element within the Platform, our name, any HCT trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Platform, without our express written consent;
  • dilute, tarnish or otherwise harm the HCT brand in any way, including through unauthorized use of Collective Content, registering and/or using HCT or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to HCT domains, trademarks, taglines, promotional campaigns or Collective Content;
  • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Platform for any purpose;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by HCT or any of HCT’s providers or any other third party to protect the Platform;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform;
  • export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.
  • You acknowledge that HCT has no obligation to monitor the access to or use of the Platform by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms of Use; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist HCT in good faith, and to provide HCT with such information and take such actions as may be reasonably requested by HCT with respect to any investigation undertaken by HCT or a representative of HCT regarding the use or abuse of the Platform.
  • If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to HCT by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

 

Content

HCT may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Platform (“User Content”); and (ii) access and view User Content and any content that HCT itself makes available on or through the Platform, including proprietary HCT content and any content licensed or authorized for use by or through HCT from a third party (“HCT Content” and together with User Content, “Collective Content”).

 

The Platform, HCT Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Platform and HCT Content, including all associated intellectual property rights, are the exclusive property of HCT and/or its licensors or authorizing third-parties.

 

Subject to your compliance with these Terms of Use, HCT grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Platform on your personal device(s); and (ii) access and view any Collective Content made available on or through the Platform and accessible to you, solely for your personal and non-commercial use.

 

Any User Content you post to the Platform will be considered non-confidential and non-proprietary. By providing any User Content on the Platform, you grant to HCT a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Platform, in any media or platform. Unless you provide specific consent, HCT does not claim any ownership rights in any User Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use or exploit your User Content.

 

You are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to HCT the rights in and to such User Content, as contemplated under these Terms of Use; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or HCT’s use of the User Content (or any portion thereof) 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.

 

Monitoring and Enforcement; Termination

We reserve the right to:

  • Remove or refuse to post any User Content for any or no reason in our sole discretion.
  • Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, Payment terms, Policies including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public or could create liability for HCT.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
  • Terminate or suspend your access to all or part of the Platform for [any or no reason, including without limitation,] any violation of these Terms of Use. All of the information contained in HCT Account or posted by you to the public areas of the Platform may be lost once your HCT Account has been terminated (for whatever reason) and we will not be liable to you for any loss of information. However we do not guarantee that any information posted by you will be deleted from the Site on termination of your registration or membership.

 

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS HCT AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Content Standards

These content standards apply to any and all User Content. User Contents must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contents must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, discriminate, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

Reliance on Information Posted

The Platform contains general information and may contain errors, omissions and inaccuracies. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

This Platform includes content provided by third parties, including materials provided by other Users, third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by HCT, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of HCT. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Platform

We may update the content on this Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Platform

All information we collect on this Platform is subject to our Privacy Policy, using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links from the Platform

The Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Platform is based in the state of Texas in the United States. We provide this Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HCT NOR ANY PERSON ASSOCIATED WITH HCT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER HCT NOR ANYONE ASSOCIATED WITH HCT REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

HCT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

IF WE CHOOSE TO CONDUCT IDENTITY VERIFICATION OR BACKGROUND CHECKS ON ANY USER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability

IN NO EVENT WILL HCT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless HCT, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platform.

Governing Law and Jurisdiction

All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 19 must be instituted in state or federal courts in Houston, Texas, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Houston, Texas.

 

Dispute Resolution and Arbitration Agreement

 

HCT is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section. This section lays out: (1) the initial process you must follow by reporting your claim to HCT prior to filing any arbitration or lawsuit in accordance with this section; and (2) binding arbitration administered by the American Arbitration Association (“AAA”).

 

Prior to initiating arbitration, you and HCT each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact HCT’s customer service team by emailing us at [insert email] (the “Internal Review Procedure”). Your email to [insert email] beginning the Internal Review Procedure must contain the following information: (1) your name, (2) your address, (3) the email address you used to make your reservation, (4) your reservation number, (5) the date of your reservation, (6) the name of the property that you reserved, (7) a brief description of the nature of your complaint, and (8) the resolution that you are seeking (together, the “Required Information”). Additionally, the subject line of your email must state, “Request Under Disputes Provision.”

 

If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.

 

You and HCT mutually agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement or interpretation thereof, or to the use of the Platform, the Host Services, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and HCT agree that the arbitrator will decide that issue.

 

You and HCT each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

 

This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.

 

In order to make the arbitration most convenient to you, HCT agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and HCT both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.

 

You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, HCT agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.

 

The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

 

YOU AND HCT ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AS TO ALL ARBITRABLE DISPUTES.

 

You and HCT acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and HCT both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.

 

Notwithstanding the provisions regarding modification of these Terms of Use, if we make changes this dispute resolution and arbitration agreement after the date you last accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of HCT’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and HCT in accordance with the provisions of the “dispute resolution and arbitration agreement” section as of the date you last accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

 

Except as provided otherwise, this Dispute Resolution and Arbitration Agreement will survive any termination of these Terms of Use and will continue to apply even if you stop using the Platform or terminate your HCT Account.

 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the HCT of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the HCT to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and HCT, LLC with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

Your Comments and Concerns

This Platform is operated by Health Care Travels, LLC

1202 E. 1st Street #14565

Humble, Tx 77347.

All notices of copyright infringement claims should be sent to support@healthcaretravels.com

All other feedback, comments, suggestions, requests for technical support and other communications relating to the Platform (collectively “Feedback”) should be directed to: support@healthcaretravels.com  You grant us a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid up license to use and exploit the Feedback for any purpose.