TERMS OF SERVICE
Last Updated: November 6, 2020
Please carefully read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations, and may have changed since your last visit. By accessing or continuing to use the Company Services, you agree to comply with and be bound by these Terms of Service.
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Serendipia Life, Inc. (“Company”, “we”, “ us”, or “our”) governing your access to and use of the Company website, including any subdomains thereof, and any other websites through which Company makes its services and/or Communities available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application"), at any and all Communities (defined below), and all associated services (collectively, " Company Services"). The Site, Application and Company Services together are hereinafter collectively referred to as the “ Serendipia Platform”. Our other policies, such as our Community Rules (INSERT LINK), are applicable to your use of the Serendipia Platform and your stay in and on any Communities are hereby incorporated by reference into these Terms.
Please be aware that these Terms include, among other things, a binding arbitration provision that requires you to submit to binding and final arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. Please see Section 19, below.
1. Scope of Serendipia Platform
1.1 The Serendipia Platform is a digital platform service that enables registered users (“Members”) to join and stay (“Members”) at properties (“Communities”) that are listed or offered by other registered users (“Community Leaders”).
1.2 Company has no control over and does not guarantee (i) the truth or accuracy of any User Content (as defined below), or (ii) the performance or conduct of any user or third party. You should always exercise due diligence and care when deciding whether to stay in any property or communicate and interact with other users, whether online or in person.
1.3 The Serendipia Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Company is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Company of such Third-Party Services.
2. Eligibility, Using the Serendipia Platform, User Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Serendipia Platform or register an Company Account. By accessing or using the Serendipia Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) you are not 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.
2.3 Company may make access to and use of the Serendipia Platform, or certain areas or features of the Serendipia Platform, subject to certain conditions or requirements, such as completing a verification process or meeting specific quality or eligibility criteria.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any user’s identity. Notwithstanding the above, 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) screen users against third party databases or other sources and request reports from service providers, and (iii) 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).
2.5 The access to or use of certain areas and features of the Serendipia Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Serendipia Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.6 Some areas of the Serendipia Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service .
3. Modification of these Terms
Company reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Serendipia Platform and update the “Last Updated” date at the top of these Terms. We will also endeavor to provide you with notice of any modifications by email. Your continued access to or use of the Serendipia Platform following modifications to the Terms will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account ("Company Account") to access and use certain features on the Serendipia Platform. If you are registering an Company Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You must provide accurate, current and complete information during the registration process and keep your Company Account and any profile information up-to-date at all times.
4.3 You may not register more than one (1) Company Account unless Company authorizes you to do so. You may not assign or otherwise transfer your Company Account to another party.
4.4 You are responsible for maintaining the confidentiality and security of your Company Account credentials and may not disclose your credentials to any third party. You must immediately notify Company if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Company Account. You are liable for any and all activities conducted through your Company Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5.1 Company 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 Serendipia Platform ("User Content"); and (ii) access and view User Content and any content that Company itself makes available on or through the Serendipia Platform, including proprietary Company content and any content licensed or authorized for use by or through Company from a third party ("Company Content" and together with User Content, " Collective Content").
5.2 The Serendipia Platform, Company 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 Serendipia Platform and Company Content, including all associated intellectual property rights, are the exclusive property of Company and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Serendipia Platform, Company Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Company used on or in connection with the Serendipia Platform and Company Content are trademarks or registered trademarks of Company 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 Serendipia Platform, Company Content, and/or Collective Content are used for identification purposes only.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Serendipia Platform or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Serendipia Platform, you grant to Company 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 Serendipia Platform, in any media or platform. Unless you provide specific consent, Company does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.
5.5 You are solely responsible for all User Content that you make available on or through the Serendipia 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 Serendipia Platform or you have all rights, licenses, consents and releases that are necessary to grant to Company the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Company'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.
5.5.1 Copyright Infringement and Digital Millennium Copyright Act.
We respect the intellectual property rights of others, and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, in appropriate circumstances and in our sole discretion, we may terminate the rights of any user to use the Services (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information to the “Copyright Agent”:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed upon.
- A description of where the material that you claim is infringing is located on the Services.
- Your address, telephone number, and email address.
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and/or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
All notices of copyright infringement claims should go to our Copyright Agent at firstname.lastname@example.org.
5.6 You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any other Company policy, including without limitation our Community Rules ( INSERT LINK). Company may, without prior notice, remove or disable access to any User Content that Company finds to be in violation of these Terms or Company’s then-current policies or standards, or otherwise may be harmful or objectionable to Company, its users, third parties, or property.
6. Terms Specific for Members
6.1 Subject to meeting any requirements (such as completing any verification processes) set by Company, you can book a Listing available on the Serendipia Platform by following the respective booking process. You agree to pay all applicable fees, which may include a reservation fee, security deposit (if applicable), Member fees, fees for additional products and services, and any applicable taxes for any booking requested in connection with your account.
6.2 Upon receipt of a reservation confirmation from Company, a legally binding agreement is formed between you and Company, subject to any additional Company terms and conditions that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Community listing. Company will collect any applicable fees, including without limitation Member fees and application fees, at the time of the reservation.
6.3 As a Member, you may cancel a confirmed booking at a Community pursuant to the cancellation policy set by the Community Leader, which may be flexible or strict, and you will be refunded the amount of fees in accordance with such cancellation policy.
6.4 If you book on behalf of additional Members, you are required to ensure that every additional Member meets any requirements set by Company, and is made aware of and agrees to these Terms and any other applicable terms and conditions, rules and restrictions.
6.5 You understand that a confirmed booking of an Community is a limited license granted to you by Company to enter, occupy and use the Community for the duration of your stay, during which time the Company (only where and to the extent permitted by applicable law) retains the right to re-enter the Community, in accordance with your agreement with Company. The Community Rules (INSERT LINK) are applicable to Members before, during and after their stay at and use the Community and are incorporated by reference. Furthermore:
6.5.1 You shall maintain any and all Communities you stay at (“ Stayed Properties”), including any furnishings, in good, clean condition, defined at a minimum as being habitable by other Members, and use the premises only in a careful and lawful manner.
6.5.2 You will not use fireworks and other hazardous materials in or around Stayed Properties.
6.5.3 You will use the Community for legal purposes only and other use, such as but not limited to, illegal drug use, abuse of any person, harboring fugitives, etc. shall cause termination of your license to stay in and on Stayed Properties with no refund.
6.5.4 If Stayed Properties has fire alarms, you must notify Company without delay if a fire alarm “chirps” or has a low battery condition.
6.5.5 You may cook only in specific areas designated on or in Stayed Properties. No open fires are allowed other than in the grill, outdoor fireplace, or in a stone hearth. The grill must remain in an open area, away from trees, houses, etc. All fires must be thoroughly extinguished before leaving unattended.
6.5.6 You shall maintain appropriate insurance (a) for your stay at Stayed Properties and any property located on Stayed Properties, and (b) any other insurance which Company may reasonably require for the protection of its interest in Stayed Properties.
6.6 You agree to leave a Community no later than the end of the term for your reservation. If you stay past the agreed upon termination date of your reservation (“Overstay”), you no longer have a license to stay in the Community and Company is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, $50 for each hour of Overstay plus all applicable fees, taxes, and any legal expenses incurred by the Company to make you leave (collectively, " Overstay Fees"). If you Overstay at an Community, you authorize Company to charge you to collect Overstay Fees. Any Security Deposit, if applicable, may be applied to any Overstay Fees due for a Member’s Overstay.
6.7 You should carefully review the description of any Community you intend to reserve to ensure you (and any additional Members you are booking for) meet any minimum age, proficiency, fitness or other requirements which is specified in the Community listing. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to a Community, such as the minimum legal drinking age.
6.8 You may not bring any additional individuals to a Community unless such an individual was added by you as an additional Member during the reservation process on the Serendipia Platform.
6.9 You acknowledge and agree that any amenities on the Community advertised in a listing, such as a fitness center, outdoor grilling area or swimming pool, are provided as a convenience only and is not integral to your stay at an Community. Company cannot and does not guarantee the availability of amenities and is not required to provide any refunds of fees with regard to unavailable amenities.
7. Terms Specific for Community Leaders
7.1 When posting your Community on the Serendipia Platform you must (i) provide complete and accurate information about your property (such as listing description, location, and availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply and (iii) provide any other pertinent information requested by Company. You are responsible for keeping your listing information up-to-date at all times.
7.2 You are solely responsible for setting a price (including any taxes if applicable) for your Community listing. Once a Member requests to reserve your Community, you may not request that the Member pays a higher price than in the reservation request.
7.3 Pictures, animations or videos used in your listing must accurately reflect the quality and condition of your Community. Company reserves the right to require your listing have a minimum number of images of a certain format, size and resolution.
7.4 Company recommends that Community Leaders obtain appropriate insurance for their Communities. 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 Members (and the individuals the Member has booked for, if applicable) while staying at your Community.
7.5 Unless expressly allowed by Company, you may not list more than one Community per listing.
7.6 If you choose to require a security deposit for your Community, you must specify this in your listing ("Security Deposit"). Community Leaders are not allowed to ask for a Security Deposit (i) after a reservation has been confirmed or (ii) outside of the Serendipia Platform.
7.7 You represent and warrant that any listing you post and the booking of, or a Member's stay at, a Community 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 Community Leader, 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 Community at your request or invitation, excluding the Members and any individuals the Member invites to the Community.
8.1 Company may charge fees, such as service fees for Members and Community Leaders in consideration for the use of the Serendipia Platform ("Membership Fees"). Company reserves the right to change the Membership Fees at any time and will provide you with notice of any applicable fee changes before they become effective. Company may also charge listing fees to Community Leaders, including without limitation percentage fees for Community Leaders as it relates to Community reservations (“Booking Fees”).
8.2 The recurring fees owed by Members for reserving a Community will be specified by Company at the time of reservation (“ Rental Rate”).
8.3 Company may also require Members pay a event attendance and entrance fees, security deposit, cleaning fees, occupancy taxes, and any other fees applicable when you book an Community (“ Additional Member Fees”, and collectively with Membership Fees, Booking Fees, and Rental Rate, the “Fees”)
8.4 You are responsible for paying any Fees that you owe to Company. Except as otherwise provided on the Serendipia Platform, Fees are non-refundable.
9. Damage to Communities, Disputes between Members
9.1 As a Member, you are responsible for leaving the Community (including any personal or other property located at the Community) 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 Community.
9.2 If Company provides evidence that you as a Member have damaged an Community or any personal or other property, including without limitation any furnishings, at an Community ("Damage Claim"), Company in its sole discretion, will have the right to deduct costs of any necessary repairs and/or other services from the security deposit prior to refund. Company also reserves the right to otherwise collect payment from you, including collecting any repair costs in excess of your security deposit through the credit card or other payment method you have provided, and pursue any remedies available to Company in this regard in situations in which you are responsible for a Damage Claim. Members agree to cooperate with and assist Company in good faith, and to provide Company with such information and take such actions as may be reasonably requested by Company, in connection with any Damage Claims or other complaints or claims.
9.3 If you are a Member, you understand and agree that Company may make a claim under your insurance policy related to any damage or loss that you may have caused, or been responsible for, to the Community or any personal or other property (such as furnishings). You agree to cooperate with and assist Company in good faith, and to provide Company with such information as may be reasonably requested by Company, to make a claim under your renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as Company may reasonably request to assist Company in accomplishing the foregoing.
10.1 In certain jurisdictions, Company may decide in its sole discretion to facilitate collection and remittance of occupancy taxes from or on behalf of Members, in accordance these Terms (" Collection and Remittance") if such jurisdiction asserts Company has 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 Company to collect occupancy taxes from Members behalf at the time Fees are collected, and to remit such occupancy taxes to the applicable authority.
10.2 You agree that any claim or cause of action relating to Company's facilitation of Collection and Remittance of occupancy taxes shall not extend to any supplier or vendor that may be used by Company in connection with facilitation of Collection and Remittance, if any. You agree that we may seek additional amounts from you if the taxes collected and/or remitted are insufficient to fully discharge your obligations to the applicable tax authority, and agree that your sole remedy for occupancy taxes collected is a refund of occupancy taxes collected by Company from the applicable tax authority in accordance with applicable procedures set by that tax authority.
10.3 Company reserves the right, with prior notice to you, to cease the Collection and Remittance in any jurisdiction for any reason at which point Members are once again solely responsible and liable for the collection and/or remittance of any and all occupancy taxes that may apply to Communities in that jurisdiction.
11. Prohibited Activities
11.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Serendipia Platform. In connection with your use of the Serendipia 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, the Community Rules (INSERT LINK), and our policies or standards;
- use the Serendipia Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Company endorsement, partnership or otherwise misleads others as to your affiliation with Company;
- use the Serendipia Platform in connection with the distribution of unsolicited commercial messages ("spam");
- unless Company explicitly permits otherwise, reserve any Community if you will not actually be staying there or using yourself;
- contact another user for any purpose other than asking a question related to a listing by such user, or the your use of the Serendipia Platform, including, but not limited to, recruiting or otherwise soliciting any user to join third-party services, applications or websites, without our prior written approval;
- use the Serendipia Platform to request, make or accept a reservation independent of the Serendipia Platform, to circumvent any Fees or for any other reason;
- request, accept or make any payment for listing fees outside of the Serendipia Platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Company 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 violent, harmful, abusive or disruptive behavior;
- misuse or abuse any listings or services associated with the Company as determined by Company in its sole discretion.
- use, display, mirror or frame the Serendipia Platform or Collective Content, or any individual element within the Serendipia Platform, Company's name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Serendipia Platform, without Company's express written consent;
- dilute, tarnish or otherwise harm the Company brand in any way, including through unauthorized use of Collective Content, registering and/or using Company 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 Company 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 Serendipia Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Company or any of Company's providers or any other third party to protect the Serendipia Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Serendipia Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Serendipia Platform; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
11.2 You acknowledge that Company has no obligation to monitor the access to or use of the Serendipia 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 Serendipia Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (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. You agree to cooperate with and assist Company in good faith, and to provide Company with such information and take such actions as may be reasonably requested by Company with respect to any investigation undertaken by Company or a representative of Company regarding the use or abuse of the Serendipia Platform.
11.3 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 Company by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
12. Termination and Suspension
12.1 Company may terminate this Agreement or any Community booking for convenience at any time by giving you fifteen (15) days' notice via email to your registered email address.
12.2 Company may immediately, without notice, terminate this Agreement and/or stop providing access to the Serendipia Platform if (i) you have breached your obligations under these Terms, or our other policies and/or standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Company believes in good faith that such action is reasonably necessary to protect the personal safety or property of Company, its users, or third parties (for example in the case of fraudulent behavior of a user).
12.3 When this Agreement has been terminated, you are not entitled to a restoration of your Company Account or any of your User Content. If your access to or use of the Serendipia Platform has been limited or your Company Account has been suspended or this Agreement has been terminated by us, you may not register a new Company Account or access and use the Serendipia Platform through an Company Account of another user.
12.4 Upon termination or expiration of this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
IF YOU CHOOSE TO USE THE SERENDIPIA PLATFORM OR COLLECTIVE CONTENT, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE SERENDIPIA PLATFORM AND COLLECTIVE CONTENT IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
YOU AGREE THAT YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE THE SERENDIPIA PLATFORM, LAWS, RULES, OR REGULATIONS THAT MAY BE APPLICABLE AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OF LAW OR FACT MADE BY Company RELATING TO A LISTING FOR A SPACE.
IF WE CHOOSE TO CONDUCT IDENTITY VERIFICATION OR BACKGROUND CHECKS ON ANY COMMUNITY LEADER OR MEMBER, 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 COMMUNITY LEADER OR MEMBER OR GUARANTEE THAT A COMMUNITY LEADER OR MEMBER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
YOU AGREE THAT SOME SPACES OR SERVICES ON THE SERENDIPIA PLATFORM CARRIES SOME DEGREE OF INHERENT RISK AND YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. FOR EXAMPLE, SOME SPACES MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY CHOOSING TO STAY AT SUCH SPACE. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MAKE BEFORE, DURING AND AFTER YOUR STAY AT A SPACE. IF YOU ARE BRINGING A MINOR AS AN ADDITIONAL GUEST, YOU ARE SOLELY RESPONSIBLE FOR THE SUPERVISION OF THAT MINOR THROUGHOUT THE DURATION OF YOUR STAY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE AND HOLD HARMLESS COMPANY FROM ALL LIABILITIES AND CLAIMS THAT ARISE IN ANY WAY FROM ANY INJURY, DEATH, LOSS OR HARM THAT OCCURS TO THAT MINOR DURING THE STAY OR IN ANY WAY RELATED TO YOUR STAY.
THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERENDIPIA PLATFORM AND COLLECTIVE CONTENT, YOUR RESERVATION OF ANY SPACE VIA THE SERENDIPIA PLATFORM, YOUR STAY AT ANY SPACE, OR ANY OTHER INTERACTION YOU HAVE WITH OTHER MEMBERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY INSURANCE FOR PROPERTY DAMAGE OR LOSS WHICH COMPANY MAY MAINTAIN ON THE SPACE DOES NOT COVER YOUR PERSONAL PROPERTY, AND THAT YOU SHOULD PURCHASE YOUR OWN INSURANCE YOU AND YOUR GUESTS IF SUCH COVERAGE IS DESIRED. NEITHER COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERENDIPIA PLATFORM, LISTINGS, OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS, (II) FROM THE USE OF OR INABILITY TO USE THE SERENDIPIA PLATFORM OR COLLECTIVE CONTENT, (III) FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER MEMBERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT OR MEET WITH AS A RESULT OF YOUR USE OF THE SERENDIPIA PLATFORM, OR (IV) FROM YOUR STAY AT OR USE OF AN SPACE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND/OR YOUR USE OF OR INABILITY TO USE THE SERENDIPIA PLATFORM OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY SPACE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID TO COMPANY IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR ONE HUNDRED U.S. DOLLARS (US$100) IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU RESIDE OUTSIDE OF THE U.S., THIS DOES NOT AFFECT COMPANY’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, NOR FOR FRAUDULENT MISREPRESENTATION, MISREPRESENTATION AS TO A FUNDAMENTAL MATTER OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to release, defend (at Company’s option), indemnify, and hold Company and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our policies or standards, (ii) your improper use of the Serendipia Platform or related services, (iii) your interaction with any Member or Community Leader or stay at an Community, including without limitation any injuries, illness, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Company’s Collection and Remittance of any Occupancy Taxes, (v) any and all claims of illness, personal injury or property damage or loss arising from your use of or stay at the Communities regardless of the nature of the accident, illness, injury or loss, and/or (v) your breach of any laws, regulations or third party rights.
You further agree to release, defend (at Company’s option), indemnify, and hold any Community Leader and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your interaction with any Member or Community Leader or stay at an Community, including without limitation any injuries, illness, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use; (ii) any and all claims of illness, personal injury or property damage or loss arising from your use of or stay at the Communities regardless of the nature of the accident, illness, injury or loss; and (ii) your breach of any laws, regulations, third party rights, or any rules applicable to your stay at a Community.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Serendipia Platform (“Feedback“). You may submit Feedback by emailing us at email@example.com or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
17. Applicable Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.
18. No Guarantee of Service
Although we hope to make the Serendipia Platform available at all times in the future, there may be times when we need to disable the Serendipia Platform either temporarily or permanently. The Serendipia Platform may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. Keep this in mind as Company will not be liable if all or any part of the Serendipia Platform is unavailable at any time, for any period of time. Also, from time to time, we may restrict access to some parts of the Serendipia Platform, or the entire Serendipia Platform, to users, including registered users. We cannot and do not make any representations or warranties with respect to the devices you use to access or use the Serendipia Platform, including with respect to device compatibility.
19. Arbitration and Class Action Waiver
19.1 READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY. For any dispute with Company, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that Company has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in San Francisco County, California, unless you and Company agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Services for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Company from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
19.2 WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND
20. General Provisions
20.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Company and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Company and you in relation to the access to and use of the Serendipia Platform.
20.2 No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your use of the Serendipia Platform.
20.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
20.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
20.5 Company’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
20.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Company's prior written consent. Company may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion.
20.7 Unless specified otherwise, any notices or other communications to users permitted or required under this Agreement, will be provided electronically and given by Company via email, Serendipia Platform notification, and/or messaging service.