USH GUEST TERMS AND CONDITIONS
Last Updated: February 9, 2020
PLEASE READ THE FOLLOWING GUEST TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THE USH WEBSITE AND SERVICES, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS.
Table of Contents
2. Eligibility and Guest Verification
4. Modification of these Terms and Conditions
6. Booking Process and Payments
8. Guest Services and Procedures
9. Guest Privileges, Limitations and Obligations
15. Term, Termination and Suspension of these Terms and Conditions
17. Liability and Indemnification
20. Dispute Resolution and Arbitration Process
These Terms and Conditions are in addition to any other terms and conditions, rules and regulations that may apply to accounts you have with USH to any other services or information provided by USH. Where appropriate, please review those specific terms.
Submission of any forms via the USH Website does not automatically qualify you for an Accommodation. Any requests or submitted applications are subject to review and approval by and at the discretion of USH and confirmation by the applicable Host.
1. Overview of USH Services
• “Accommodation(s)” refers to a private or shared (if applicable) furnished bedroom inside a Host’s home where Host resides, or a guest house at the property, except for a bedroom in a garage. It can be a spare room in apartment, house, condo, townhouse or any other type of housing available and accepted by USH. A Host may list multiple, eligible Accommodations in their home.
• “Homestay Application” refers to requesting Accommodation with a Host through USH Services.
• “Match” means a confirmed Accommodation with a selected Host for a designated period of time.
• “Content” means USH Content and User Content.
• “Dashboard” means options and services available on Guest’s or Host’s profile on the USH Website. Hosts and Guests may navigate and update their account from the Dashboard.
• “Guest” refers to a person requesting Accommodation through the USH Services with a Host. Guests may be international students, American citizens, U.S. Residents, interns, or professionals.
• “USH Content” means content that USH itself makes available on or through the USH Website, including proprietary USH content and any content licensed or authorized for use by or through USH from a third party, excluding User Content.
• “Host” refers to a person who offers their Accommodation through the USH Website.
• “User” refers to Guests, Hosts and any other user of the USH Website.
• “User Content” refers to any information, descriptions, Reviews, photographs, applications, notifications, messages, or emails which are posted, listed, updated, displayed, sent, or shared on USH Website by Users.
• As used in these Terms and Conditions, "you" or "your" or “Guest(s)” refers to you or to any other person you permit to use the USH Website and USH Services on your behalf. "We" “us” or "our" refers to USH or any agent, designee or contractor of USH.
“Including”, “includes” and the like mean “including, but not
2. Eligibility and Guest Verification
4. Modification of these Terms and Conditions
USH may amend or change these Terms and Conditions and any USH policies and requirements from time to time, in our sole discretion, by posting updated terms and conditions, policies and requirements within the USH Website or by providing written notice (see Section 19(a)). You agree to be bound by any modifications, changes, or revisions made by USH to these Terms and Conditions and USH Website policies and requirements.
5. Application Process
• Only upon successful submission of the application and necessary fees, USH staff will begin the search for an Accommodation.
• You may register only one account with USH unless you receive our written authorization. You may not transfer your account to another user at any time. USH reserves the right to disable or suspend your account if you create more than one account, or if any of the information provided proves to be fraudulent, inaccurate, incorrect, incomplete, or if you are found in violation of these Terms and Conditions or any policies or requirements (see Section 15).
• You are responsible for providing current, correct, full and accurate information throughout the registration process as well as for keeping your information up to date throughout your stay at any Accommodation.
• You are responsible for keeping your information safe and secure and may not disclose your account access credentials to another party. You must inform USH immediately if you suspect that your account access credentials have been used without your knowledge.
• There may be security, transmission or other risks associated with use of the Internet and online services and platforms, and you expressly assume any and all such risks. You are responsible for obtaining all software, hardware or other equipment necessary to use online services, including, without limitation, the use of up-to-date web-browsers and appropriate encryption, antivirus, anti-spyware, and Internet security software. The Site contains encryption methods that are not supported by all browsers. If you are not using a browser that supports 128-bit encryption, you may be unable to view all of the information and materials contained on the Site.
USH will not knowingly collect or retain information submitted by
children under the age of 18. If USH learns that we unknowingly collected
personally identifying information from a child under 18 years of age, we will
immediately take all reasonable measures to delete the information from our
computer systems and all other data systems.
Booking Process and Payments
• You will receive an email confirmation once your homestay match is confirmed requiring you to submit the Housing Fees for the Accommodation. As a Guest you agree to pay the Total Fees (see below) for your requested Accommodation.
• You will also be required to submit your documents as part of verification process and providing your arrival information (flight information or move in time).
• Only upon successful payment, uploading valid documents and arrival information, USH will release homestay information containing host address, contact information, house rules and other important information about your host, homestay, as well as some policies, procedures and useful tips in a form of a Welcome Packet. Guests are responsible to review the Welcome Packet prior to move in date.
• Guests may only visit the homestay and meet the host at the move in date indicated in the Welcome Packet.
Amounts Payable at the Homestay Application Stage:
• Application Fee – This is the administrative fee paid by the Guest to USH every time a new Booking Request is confirmed. This fee is nonrefundable and does not include extensions made with the same Host, but only when a new Homestay Application is confirmed with a different Host
• Security Deposit – this is a fee collected from each student and will be retained by USH until the completion of the student's housing contract (security deposit is not refundable in case of cancellation after homestay matching services has begun). The security deposit can and will be used for a student's outstanding telephone bills, any type of damage, and/or cleaning costs incurred by the student. To ensure return of the full amount, please be sure to settle any of the above financial responsibilities with your host. USH will return the security deposit after confirming with your Host to verify the amount of refund due to you after 30 days from your departure from your homestay. In order to receive the refund, you must contact USH with your forwarding address (for those students staying in the U.S.) or with your credit card number (for students who leave the U.S.). Please be aware that USH will not pay for any bank or currency exchange charges. These charges will be deducted from your SECURITY DEPOSIT REFUND. The deposit will expire 36 months after the move out date.
• Housing Fee – this is the fee paid to the Host for the Accommodation and plan selected. USH reserves the right to collect a percentage of this fee from the Host for administrative purposes.
• Convenience Fee – this is the fee paid for the convenience of using a credit card. A 3.75% convenience fee will be applied to all credit card payments. The convenience fee may vary.
• Taxes – where applicable, USH will collect required taxes.
• Total Fee – this is the total of all of the above amounts, which a Guest is charged when a Host accepts a Homestay Application.
• Cancellation Fee: USH reserves the right to apply cancellation fee of US$125, which will be deducted from the remaining housing fee for any cancellation received prior or after to move in date.
• Wire Transfer Fee: Guests who choose to make payment via wire transfer must contact USH for the bank information. Wire transfers require a $55 bank fee and must be added to the amount due to USH for each wire transfer.
Other Potential Fees:
• Airport Transfer Fee – this is the fee charged by USH for an airport shuttle transfer to the Accommodation, as further described in Section 8(c) below. If you requested airport transfer, this fee will be included on your housing fee invoice. You must pay for your airport shuttle fee along with your housing fee.
• Late Fee – this is the fee a Guest may pay if their payment is not received before the required due date. A Late Fee may be applied on all required payments, including original Matches, extensions and change of reservation dates.
• An additional US $150.00 late fee will be charged if your reservation is made less than 15 days prior to arrival. We suggest that you apply early for best results of confirmation on dates and personal preferences. (DO NOT DELAY IN SENDING THE APPLICATION. LET US KNOW IF YOU WILL MAKE PAYMENT AT A LATER DATE)
• Damage Preauthorization – at the time of a Homestay Application, each Guest authorizes USH to charge their credit card for up to $500 for damages caused by the Guest. A Guest’s credit card is not actually charged unless the Host reports any type of Damage Claim to USH. For more information, please refer to section 10 (Damages to Accommodation). The authorization limit in this paragraph does not limit a Guest’s responsibility and liability for Damage Claims over this preauthorized amount.
7. Cancellation and Changes
8. Guest Services and Procedures
a) Arrival and Departure Information
You agree that you are solely responsible for informing USH about all details concerning arrival, departure and other timing matters pertaining to the Accommodation, no less than 10 days in advance of the same. If you do not USH, we may cancel your Match.
b) Airport Shuttle Transfer
Guests are solely responsible for their transportation to and from the airport to the Accommodation. Guests are not permitted to ask hosts for airport pickup or drop-off. USH may, at its sole discretion, agree to arrange for transport to or from the airport with a third party airport shuttle company for the Airport Transfer Fee. The Airport Transfer Fee may vary and is determined based on distance from the airport to the Accommodation. You may contact USH to calculate the fee before you decide to request the service. A minimum of 5 days is required to consider your airport shuttle reservation. After requesting the shuttle through USH, you should receive an automatic email with shuttle confirmation/instructions, if USH can accommodate your request. If you do not receive your shuttle confirmation at least 48 business hours before your arrival or departure, please contact the USH staff immediately by email at [email protected]. The Airport Shuttle Fee will not be refunded once USH sends the confirmation of your shuttle reservation. Do not pay the shuttle driver directly, unless you want to tip the driver (tips are not included in the Airport Transfer Fee). Any fees paid directly to the driver will not be reimbursed by USH. In all events, the Airport Transfer Fee will be added to your Total Fee and must be paid prior to your arrival•
• You are solely responsible for arranging and paying for your own transportation to and from campus and throughout the city and area in with the Accommodation is located. You can contact USH for available local transportation information.
• If you and your Host come into any agreement regarding transportation (whether for a fee or free of charge), those arrangements are solely between you and the Host, and USH will be free of any liability in case of any accidents, collisions, or any other damages to properties or for death or body injuries, or any involvement in such circumstances for any participant in the incident. Hosts are solely responsible for their driving skills.
d) Meal Plan Options Available at the Accommodation
Hosts may offer one, or more of the following meal plans. You may choose a Meal Plan of your preference, and USH will do its best to find a Host that matches your meal plan preferences. Your confirmed Meal Plan will be displayed on the Welcome Packet. Guests are responsible to check meal plan options, house rules and kitchen access prior to arrival. The meal plans are as follows:
• Room Only – no meals are offered by the Host. Guests are responsible to purchase their own meals and snacks.
• Room with Breakfast – continental breakfast will be offered by the Host and it usually involves no cooking but should include foods like cereals, toast, milk, tea, coffee, fruit, pastry, or similar. The Host may not be there to prepare the meal, but will make the food available for the Guest.
• Room with Breakfast and Dinner – continental breakfast as described above, plus dinner, which will be prepared by the Host. Host will serve the same portion of dinner he/she will have that night.
Guests are responsible for obtaining and maintaining their own insurance for any matters related in any way to their Accommodation, including property damage insurance for damages caused by the Guest or any damage or loss of their personal property. You may contact your school/work advisor for details on its health and personal insurance requirements prior to enrollment. Whenever away from home, USH recommends that you carry a copy of your insurance papers with you.
• If you wish to continue your stay in an Accommodation longer than your original Matching dates, you may request an extension. All extensions and payments must be directed through the USH. Under no circumstances, may a Guest and a Host contract directly with one another or come to any agreement with one another outside of the USH Services. If you pay any fees directly to your Host, USH will not be responsible for any refund, but you are still responsible for paying for your extension to USH.
• All extensions must request via email at [email protected]. In the event the Host is unable to extend your stay, USH may suggest other available Accommodations options in the area of your interest.
• All extensions payments should be received prior to the first day of the extension period. If the payment has not been received by the first day of the extension period, you agree to pay Late Fees of $85 plus an additional daily fee of up to two times the average daily rate for each extension day at the Accommodation that the payment was not received to cover the inconvenience incurred to the Host in regard to the payment delay, as well as any Taxes, Guest Service Fee and any other fee or cost in regard to collecting the payment for the extension.
• After your extension request has been confirmed and your new move out date has been set, for cancellation, USH will need to receive at least 30 days’ written notice according to Section 7 and the Guest Cancellation Policy. If your extension payment has not been received yet, you will still be responsible for paying for the remaining days to complete 30 days from receiving the cancellation notice.
• If you do not wish to extend your stay at the Accommodation or a request for an extension is not granted, you must vacate the Accommodation according to these Terms and Conditions and according to the check-out date specified in the Booking and at the time specified by the Host. You must remove any and all personal belongings and trash at move out and return the key to the Host.
g) Overstaying without USH or Host’s Consent
• Guests who continue to live in their Accommodation past their move out date without the consent of USH and the Host will be held responsible for paying the daily Accommodation Fee and any applicable fees per these Terms and Conditions. If you pay any fees directly to your Host, USH will not be responsible for any refund, but you are still responsible for paying for your overstay to USH.
• As a Guest you accept that the Accommodation is granted by the Host for a limited duration of time agreed between the Guest, the Host and USH. If you stay past the agreed time and date, the Host is entitled to make you leave immediately in a manner consistent with applicable law. Additionally, USH may charge you for any additional day overstayed at the Accommodation in accordance with these Terms and Conditions (see Section 8 (g) Extension). If the payment is not received and you move out of the Accommodation, you acknowledge and authorize USH to charge your credit card to cover any Housing Fee, Late Fee, Taxes, and any other legal expenses and costs the Host suffered to make you leave and/or due to your overstay.
h) Homestay Change Request
If you are not satisfied with the Host or Accommodation, you may request one change in the Accommodation without a new Booking Fee charge, provided that you request the reassignment within the first 5 days of your arrival to the Accommodation. Any Homestay Change requests must be made via email at [email protected] and must describe reasons for the requested change. USH will review the request and may offer alternative options in the area of interest. However, any Homestay Change is subject to the availability of another Accommodation and USH does not represent that another Accommodation arrangement can be made. If the replacement Accommodation costs more than your current Accommodation, you will be responsible for paying the difference in cost, plus applicable fees.
9. Guests Privileges, Limitations and Obligations
When accessing the Accommodation, you will have certain privileges and limitations a Host and USH may offer. When you send a Homestay Application, you agree to these privileges and limitation, and you are required to respect them in accordance with these Terms and Conditions; otherwise, you agree your Match may be cancelled and the Guest Cancellation Policy will apply.
a. House rules – each Host is entitled to impose certain house rules at the Accommodation. House rules may vary from Accommodation-to-Accommodation. Some basic house rules may be found in the Welcome Packet and below, and Guests may review them prior to move in to the Accommodation.
b. Personal Privacy – Guests are entitled to personal privacy inside the Accommodation. However, Hosts may occasionally inspect the Guest bedroom.
c. Cleaning – Guests are responsible for maintaining the bedroom clean and organized at all times. Guests are also required to clean up after themselves in all other areas they use.
d. Privacy of Host’s Personal Information – Guests must not share or distribute the Host’s information to third parties such as name, address, phone number, email address, family details and/or other information without the Host’s consent. The Guest is entitled and may expect the same privacy from Hosts.
e. Key – The Guest will be provided with a key/keycard/code d to access the Accommodation premises by the Host. The Guest is responsible for keeping the key/keycard/code safe at all times and return it to the Host prior to the move out date. In the event that the Guest loses or fails to return the Host’s key/keycard, it will be considered a Damage Case, and the Guest will be responsible for paying costs of applicable locksmith services (see Section 10 Damages to Accommodation).
f. Laundry access – Laundry facilities will vary from Accommodation-to-Accommodation and is based on availability. For example, some Accommodations may have laundry facilities available free of charge, other Accommodations may have no laundry available, and in other Accommodations laundry may be part of a building complex where charges may apply. If available at the Accommodation, some Hosts may limit the use of laundry facilities to once or twice a week and set up a laundry schedule. Laundry detergent is the Guest’s responsibility.
g. Kitchen access – Guests should have access to some space in the kitchen to store food in the fridge and a cabinet designated by the Host. Kitchen access will vary from Accommodation-to-Accommodation. For safety reasons, some Hosts may limit use of the kitchen and offer one of the following kitchen accesses:
i. Limited Kitchen Access – Hosts may allow Guests to use some of the appliances such as toaster, microwave, kettle; however, stove and oven use may not be permitted. Certain kitchen rules imposed by the Host may apply.
ii. Full Kitchen Access – Guests should be allowed to use all the appliances offered in the kitchen, however, certain kitchen rules imposed by the Host may apply.
Some Hosts may place restrictions on times that kitchen usage is permitted and Guests agreement to comply with these restrictions. Guests are responsible for cleaning up after themselves when using the kitchen.
h. Common areas – Guests should have access to common areas such as living room, bathroom, kitchen. However, certain areas, such as the Host’s bedroom or other rooms or facilities may be restricted from access by Guests at the Host’s sole discretion.
10. Damages to Accommodation
a) As a Guest, you are responsible for leaving the Accommodation (including but not limited to any personal or other property located at the Accommodation) in the condition you found it when you arrived. Guests are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals whom they invite or provide with access to the Accommodation.
b) You acknowledge and accept that USH can and will charge you for any type of damage, including, but not limited to key and/or lock replacements, personal items left behind, and/or cleaning costs incurred by the Guest. Please also see Section 6 (g) for more information about Security Deposit.
c) Guests will have 72 hours from the arrival to the Accommodation to report any damage that has been found at the Accommodation as of their move in date. Guests should send their claim to [email protected] and include evidence of the damage, e.g., photos clearly showing the damage to the item or Accommodation. If such report has not been received within 72 hours of arrival, the Host and USH will assume that the damage was made by the Guest.
d) If the Host claims and provides sufficient information and evidence (including, but not limited to photographs) that you have caused any type of damages to the Accommodation or any personal or other property at an Accommodation (“Damage Case”), the Host can request payment from you or, if the matter cannot be resolved immediately between you and the Host, through USH. If a Host escalates the “Damage Case” to USH, you will have opportunity to respond. If you agree to pay the Host directly for the damage or agree to replace the disputed item, USH will collect appropriate amount from you and/or against your Damage Preauthorization (if applicable) required to cover the Damage Case in accordance with these Terms and Conditions. In addition, USH reserves the right to collect the payment from you and pursue any compensation due through any remedies available to USH, in regard to situations in which you are responsible for a Damage Case, including, but not limited to any payment the Host may request.
e) Hosts and Guests agree to cooperate with USH in good faith, and to provide sufficient evidence and information and take such actions as may be reasonably requested by USH in relation to any Damage Case or any other claims or complaints. In addition, as a Guest, you understand and accept that USH may make a claim under any of your insurance policies related to any damage or loss that you may have caused or been responsible for or to an Accommodation or any personal or other property located at an Accommodation. You also agree to provide information and cooperate with USH in order to make claim under your insurance policy.
f) As a Guest you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by USH with respect to damages for which the Host is requesting payment.
11. Reviews and Photos
• To maintain quality of the USH Services each Host is encouraged to write a review about their experience with the Guest after move out. USH may, at its sole discretion, publicly share any of the Host reviews provided to USH, including on the Site, USH Systems, social media accounts, review websites, and advertising campaigns.
• Any Host review submitted to USH indicates the opinion of an individual Host and does not reflect the opinion of USH.
• To maintain quality of the USH Services, we encourage all Guests to write an honest and fair review about their experience with their Accommodation (an “Homestay Evaluation”). After you have moved out from the Accommodation, you will receive an email requesting you to complete a Homestay Evaluation. Your review must be truthful, factual and may not contain any offensive or defamatory language. Your review may be posted on the Host’s profile for other Users to view. USH also encourages Guests to send us an email and provide comments at [email protected] and to share any photos a Guest wishes to provide to USH. You agree that the Homestay Evaluation (including, but not limited to evaluations, comments, feedback, photographs, letters, emails, referrals, text messages) that you submit to USH will be considered User Content.
• USH may, at its sole discretion, publicly share any of the Accommodation Reviews provided to USH, including on the Site, USH Systems, social media accounts, review websites, and advertising campaigns.
12. Acceptable Use Policy
responsible and agree to be in compliance with any and all laws, rules,
regulations and obligations that may apply when using the USH Website and USH
Services. As a Guest, you agree that you will not violate the USH Acceptable
Use Policy. USH reserves the right to prosecute any breach or violation of any
of the USH Acceptable Use Policy to the entire extent of the law. You also accept that USH has the
right to take a range of actions against you, including cancelling, removing,
blocking, deactivating, and disabling the content of your account and your
access to information and services on the USH Website.
13. Reporting Misconduct
If you stay at the Accommodation and you feel that someone is acting or has acted inappropriately, or unlawfully, including anyone who:
• displays offensive, violent or sexually inappropriate behavior,
• you suspect is stealing from you,
• engages in any other disturbing behavior, or
• violates Section 12 of these Terms and Conditions or the USH Acceptable Use Policy
you should immediately report such person to the appropriate authorities and then to USH by contacting us with your police station information and report number. However, you agree that your report will not obligate USH to take any action beyond that is required by law (if any) or cause us to incur any liability to you.
14. User and USH Content
15. Term, Termination and Suspension of these Terms and Conditions
a) IF YOU CHOOSE TO USE THE USH WEBSITE OR CONTENT, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE USH WEBSITE (INCLUDING SITE, APPLICATION AND USH SERVICES), CONTENT AND ALL OTHER SERVICES AND ITEMS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, USH EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. USH MAKES NO WARRANTY THAT THE USH WEBSITE (INCLUDING SITE, APPLICATION AND USH SERVICES), CONTENT AND ALL OTHER SERVICES AND ITEMS, INCLUDING, BUT NOT LIMITED TO, ANY ACCOMMODATIONS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. USH MAKES NO WARRANTY REGARDING THE QUALITY OF ANY ACCOMMODATIONS, HOSTS, GUESTS, THE SERVICES OR CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE USH WEBSITE.
b) YOU AGREE THAT YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE THE USH WEBSITE, USH SERVICES, LAWS, RULES, OR REGULATIONS THAT MAY BE APPLICABLE TO THE SERVICES YOU ARE RECEIVING AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OF LAW OR FACT MADE BY USH RELATING TO AN ACCOMMODATION LISTING.
c) YOU ACKNOWLEDGE AND AGREE THAT USH DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS. 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 HOST OR GUARANTEE THAT A HOST OR OTHER USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
d) YOU AGREE THAT SOME USH SERVICES OR HOST SERVICES MAY CARRY INHERENT RISK, AND BY PARTICIPATING IN SUCH SERVICES, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. FOR EXAMPLE, SOME USH SERVICES OR HOST SERVICES MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY CHOOSING TO PARTICIPATE IN THOSE USH SERVICES OR HOST SERVICES. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MAKE BEFORE, DURING AND AFTER YOUR PARTICIPATION IN A USH SERVICE OR HOST SERVICE.
e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM USH OR THROUGH THE USH WEBSITE OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
f) YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE USH WEBSITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE USH WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT USH DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW ACCOMMODATION. ANY VERIFICATION BY USH OF AN ACCOMMODATION IS LIMITED TO CONFIRMING THE LOCATION AND EXISTENCE OF AN ACCOMMODATION. USH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE USH WEBSITE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE USH WEBSITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE USH WEBSITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE USH WEBSITE, INCLUDING, BUT NOT LIMITED TO, HOSTS AND OTHER GUESTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON, AND REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY USH. USH EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST, HOST OR OTHER THIRD PARTY.
g) 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.
17. Liability and Indemnification
a. Limitation of liability . 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 USH WEBSITE, YOUR BOOKING OF ANY ACCOMMODATIONS THROUGH THE USH SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER USH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE USH WEBSITE (INCLUDING OUR LICENSORS) OR 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 AND CONDITIONS, (II) THE USE OF OR INABILITY TO USE THE USH WEBSITE OR CONTENT, (III) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE USH WEBSITE OR (IV) YOUR BOOKING OF ANY ACCOMMODATION VIA THE USH SERVICES, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT USH 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.
b. Indemnification. You agree to release, defend, indemnify, and hold USH 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 and Conditions or any USH policies or requirements, (ii) your access to or use of the USH Website or Content; (iii) your User Content; (iv) your interaction with any User or other third party; (v) the use, condition or requesting an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Match or use of an Accommodation; or (vi) your breach of any laws, rules, regulations or third party rights.
USH welcomes and encourages you to provide feedback, comments and suggestions for improvements to the USH Website (“Feedback“). You may submit Feedback by emailing USH, or by other means of communication. Any Feedback you submit to USH will be considered non-confidential and non-proprietary to you. By submitting Feedback, you grant USH 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.
19. Miscellaneous Provisions
a. Notices. Any notices or any communications allowed or required, including, but not limited to those concerning modifications of these Terms and Conditions, will be provided in writing either (i) via electronic mail or text message (to the email address or cell phone number provided on the Guest’s USH profile), (ii) through Notification on the Dashboard of the Guest’s USH account, or (iii) via entry or update to the Site. The date of the foregoing notice or communication will be considered the date on which such notice or communication is in effect, unless otherwise specified.
b. Severability. Should any provisions of these Terms and Conditions for any reason be declared invalid, void, or unenforceable by a court of competent jurisdiction, the validity and binding effect of any remaining portion will not be affected, which will remain in full force and effect, and the parties agree that the offending provisions shall be deemed modified and reformed to the minimum extent necessary to make them valid and enforceable.
c. Applicable Law. Guests agree and covenant that these Terms and Conditions and performance under these Terms and Conditions, and all proceedings that may ensue from its breach, be construed in accordance with and under the laws of the State of California and that in any action, proceeding that may be brought arising out of, in connection with or by reason of these Terms and Conditions, the laws of the State of California shall apply and shall govern to the exclusion of the law of any other forum. In the event of litigation, jurisdiction and venue shall be in the Los Angeles Superior Court. Guest hereby submit to the jurisdiction of the Los Angeles Superior Court.
d. Waiver. No waiver by either party of any provision of these Terms and Conditions shall be deemed a waiver of any other provision, and no course of conduct or failure or delay in enforcing the provisions of these Terms and Conditions shall affect the validity, binding effect, or enforceability of these Terms and Conditions.
e. Withholding Taxes. USH may, in its sole and absolute discretion, withhold from all compensation payable pursuant hereto all sums required to be withheld under federal, state and city laws, or governmental regulation or ruling.
f. Injunctive Relief. Nothing in these Terms and Conditions shall prevent USH from seeking injunctive or other equitable relief from a court of competent jurisdiction to enforce the provisions of these Terms and Conditions. The Guest irrevocably consents to such injunctive relief.
g. Attorney's Fees. In the event of any controversy or dispute arising out of these Terms and Conditions, the prevailing party or parties will be entitled to recover from the non-prevailing party or parties, reasonable expenses, including, without limitation, attorneys’ fees and costs actually incurred.
h. Authority. Each party to these Terms and Conditions hereby represents and warrants that it has the legal power, right and authority to enter into and carry out these Terms and Conditions.
i. Further Documentation. Each party to these Terms and Conditions, without further consideration, agrees to execute and deliver such other documents and take such other action as may be necessary to consummate more effectively the subject matter hereof.
j. Third Party Beneficiaries. These Terms and Conditions are entered into for the sole benefit of USH and the Guest and their respective permitted successors and assigns. No party other than USH and Guest and such permitted successors and assigns shall have any right of action under or rights or remedies by reason of these Terms and Conditions.
l. Copyright Policy. USH honors and recognizes copyright law and expects all Guests to comply as well. USH reserves the right to terminate any Guest’s account who continuously violates or is believed to be continuously violating the rights of copyright owners. Please also see the USH DMCA Policy.
m. Entire Agreement. Unless supplemented by a document referenced and integrated or by additional USH terms, guidelines, rules or policies, these Terms and Conditions, together will all USH policies and requirements referenced herein, compose the entire and full acknowledgment, acceptance and agreement between you and USH. These Terms and Conditions will supersede and replace any and all prior oral, written agreement between you and USH in relation to the USH Services, Accommodations, Matches, and Content. Except where otherwise stated herein, these Terms and Conditions may not be modified or amended by oral agreement, but only by USH in its sole discretion.
n. Assignment. You may not assign or transfer these Terms and Conditions without written consent of USH. You recognize that if you attempt to transfer or assign these Terms and Conditions without USH consent, such transfer will be null and invalid. USH reserves the right to assign or transfer these Terms and Conditions at its sole discretion. These Terms and Conditions will inure and bind to the advantage and benefit of the parties, their successors and permitted assigns.
20. Dispute Resolution and Arbitration Process
a) Scope. If you are using the USH Website or USH Services, you understand that the following dispute resolution and arbitration terms will apply, regardless whether or not you reside in the U.S.
b) Dispute Resolution Process. USH is committed to offering a consumer-friendly dispute resolution process. Therefore, a Guest who wishes to bring a claim will participate in the following two-step dispute resolution process: first, an informal negotiation directly with USH, and second, binding arbitration administered by the American Arbitration Association (“AAA”). Since these Terms and Conditions involve a transaction in interstate commerce, the Federal Arbitration Act will apply and govern the interpretation and enforcement of this section. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules, except as modified below. The process, rules and regulations can be found on AAA’s website at www.adr.org or by calling the AAA at 1-800-778-7879.
c) Modification to AAA rules. The AAA rules will be modified as follows:
Location of the Hearing. As USH is committed to a consumer-friendly resolution process,
we agree to make the arbitration most convenient to the Guest. In that regard,
any required arbitration hearing may take place at your choice of location: (a)
in the country of your residence, (b) in Los Angeles County, (c) in any other
location both you and USH agree, (d) over the phone or video conference, or (e)
for any claim or counterclaim under $25,000, by merely the submission of
documents to the arbitrator.
• Fees and Costs. You may have a right to seek an award of attorney’s fees and expenses if you prevail in the arbitration, to the extent available under applicable law and the AAA rules. Unless the arbitrator concludes that your claim was frivolous, trivial or aimed at harassment, USH agrees it will not seek, and waives all the rights it may have under applicable law or the AAA rules, to recover attorney’s fees and expenses if it prevails in arbitration.
d) Pre-Arbitration Dispute Resolution. To begin this dispute resolution process, USH and you agree to notify each other of such proceedings in writing. You must notify USH at [email protected]. USH will notify you at the most recent email address associated with your USH Website account. First, informal negotiation will take place. If after such meeting and after a good faith effort to resolve the dispute, either party feels that the dispute cannot be resolved informally, the party who wishes to initiate formal arbitration process will notify the other in writing via email. In order to begin the arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party (as specified by the AAA rules).
e) Agreement to Arbitrate. You and USH mutually understand that any dispute, claim or controversy arising from these Terms and Conditions or its breach, termination, enforcement or interpretation, as well as to the use of the USH Website or Content (collectively, “Disputes”), will be settled by binding arbitration. If there is any disagreement whether the arbitration can be applied to the Dispute, both you and USH accept that the arbitration will be able to decide that issue. You and USH 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 infringement, violation, or misappropriation of a party’s trademarks, copyrights, trade secrets, patents, or any other intellectual property rights, and (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g. imminent danger or commission of a crime, hacking, or cyber-attack).
f) Jury Trial Waiver. You and USH understand and accept that both parties are waiving the right to a trial by jury as to all disputes that may be resolved by arbitration as set forth herein.
g) No Class Actions or Representative Proceedings. You and USH 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 USH 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.
h) Modifications. Notwithstanding the provisions of Section 4 (Modifications of these Terms and Conditions), if USH makes any modification to this section 20 (Dispute Resolution and Arbitration Process) after the date you last accepted these Terms and Conditions, you have the right to reject such change by sending a written notice within 30 days of the date such change becomes effective. By rejecting any change or modification, you understand and accept that you will arbitrate any dispute between you and USH in accordance with the Dispute Resolution and Arbitration Process section as of the date you last accepted these Terms and Conditions.