Last Updated: 08/5/2022
HOSTS FOR HUMANITY
TERMS OF SERVICE FOR HOSTS AND GUESTS
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Hosts for Humanity provides an online platform that connects the families and friends (“Guests”) of patients who are traveling to receive medical care, with volunteer hosts who are offering short-term accommodations in their homes (“Hosts”). Hosts for Humanity’s website connects Guests seeking Accommodations with those Hosts who have available Accommodations to list and book a short-term stay (collectively, the “Services“). The Services are accessible at www.hostsforhumanity.org and any other websites, and applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“) where Hosts for Humanity may list the Services. This Site and Application are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
“Accommodation” means residential and other properties listed by Hosts. An Accommodation must offer, at a minimum, a comfortable place to sleep and access to a bathroom, which may be a shared bathroom.
“Guest Stay” or “Stay” means a limited license granted by the Host to the Guest to enter and use the Listing for the limited duration of the confirmed booking, during which time the Guest (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with the Guest’s agreement with the Host.
“Communication” means an email, message via the website, text message, or other messaging format.
“Content” means the textual, aural, or visual content published on the Site, including any text, applications, images, e-mail messages, data, and audio and video files.
“Guest” means a Member who requests from a Host a booking of a Listing via the Site, or a Member who stays at an Accommodation and is not the Host for the associated Listing.
“Host” means a Member who has an Accommodation and who creates a Listing for via the Site, Application and Services. All Hosts must be at least 18 years of age.
“Listing” means an Accommodation that is posted by the Host on the Site as being available for Booking via the Site or the Application.
“Member” means a person who completes Hosts for Humanity’s account registration process, including but not limited to Hosts and Guests, as described under the “Account Registration” that is found in these Terms.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Hosts for Humanity promotional campaign to be made available through the Site, Application or Services.
The Site, Application, and Services collectively comprise an online platform through which Hosts may create and post listings for Accommodations, and Guests may learn about and book Accommodations directly with the Hosts through a Host’s Listing. MEMBERS UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT HOSTS FOR HUMANITY IS NOT A PARTY TO ANY AGREEMENT ENTERED INTO BETWEEN ANY HOSTS AND GUESTS, NOR IS HOSTS FOR HUMANITY A REAL ESTATE BROKER, AGENT, CONDUIT, OR INSURER IN ANY RESPECT. HOSTS FOR HUMANITY HAS NO CONTROL OVER THE HOSTS, GUESTS, OR OTHER USERS OF THE SITE AND SERVICES, OR ANY CONTROL OVER ANY ACCOMMODATIONS OR EVENTS THAT MAY OCCUR DURING ANY STAY. HOSTS FOR HUMANITY DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A LISTING ON HOSTS FOR HUMANITY, OR BOOK AN ACCOMODATION FOR A STAY, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH HOSTS FOR HUMANITY IS LIMITED TO BEING A HOSTS FOR HUMANITY MEMBER (AS THAT TERM IS DEFINED IN THESE TERMS) AND THAT YOU ARE AN INDEPENDENT THIRD-PARTY AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER, OR PARTNER OF HOSTS FOR HUMANITY FOR ANY REASON. IN SO DOING, YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF HOSTS FOR HUMANITY. HOSTS FOR HUMANITY DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, ANY LISTING, ANY OFFLINE ACTIVITIES ASSOCIATED WITH ANY LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF, HOSTS FOR HUMANITY, INCLUDING BY INAPPROPRIATELY USING ANY HOSTS FOR HUMANITY INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS.
How the Site, Application and Services Work
Who can be a Host?
Hosts are volunteers who are willing and able to list their homes as available Accommodations to medical travelers or Guests. Whether a room in a Host’s house with access to a bathroom, an apartment for a few days, or an entire home for a month, Hosts for Humanity connects family and friends of patients who are receiving local medical care, with Hosts, thereby allowing the patient’s family and/or friends to stay in a low-fare and supportive environment while the patient receives medical care. Hosts can complete the online application for here: www.hostsforhumanity.org/become-a-host.
Accommodations vary, but at a minimum, Hosts provide guests with a comfortable place to sleep and access to a bathroom. Any other amenities are provided at the Host’s discretion and are not required. Hosts do not provide meals or transportation to the hospital, although some Hosts live in areas with access to public transit.
Being a Host is as big or small a commitment as the Host wants it to be. Hosts will only lodge guests when they want to and for however long they want, although the length of stay that is offered should be reflected in the Listing. Transparency about Listings and offered Accommodations is paramount. Hosts are encouraged to share distinctive aspects of the Accommodations, such as if they have a sweet but yappy dog, live in a narrow rowhouse with lots of stairs, or have no parking for visitors. This level of description will help create successful matches between Hosts and Guests. Guests will appreciate knowing what to expect in the Accommodations before they arrive. Traveling for medical care with loved ones can be stressful, reducing these unexpected surprises helps remove some of the uncertainty when traveling for care.
Although Guests are not obligated to disclose the basis for seeking Accommodations apart from the support of a patient receiving medical treatment, Hosts should be candid in the Listing and reveal any types of medical procedures to which they have any objection or opposing philosophy that would interfere with their ability to provide Accommodations as contemplated by the Hosts For Humanity mission and these Terms of Service.
Hosts can indicate the availability of Accommodations online, and Guests seeking lodging will be able to connect online with volunteer hosts prior to meeting. Before volunteers are able to host patient families in their homes, they will be asked to provide two character references and list their Accommodations on the website.
Hosts are not compensated for providing Accommodations, whether by Hosts for Humanity, or by Guests. There is no fee or other charge associated with the Accommodations, although Guests are encouraged to make a voluntary donation to Hosts of $15 USD per stay.
Who can be a Guest?
Guests can complete the Hosts for Humanity intake form online found www.hostsforhumanity.org/need-housing, or be referred directly from a hospital or hospitality home. All Guests will be asked to provide two character references and share details about preferences and needs regarding housing. If possible, we recommend that one reference come from an individual familiar with you at your referring hospital or hospitality home. In addition, an eligible guest needs to:
- Live more than 30 miles from the hospital
- Have a permanent home to return to after his/her stay
- Be an important support person for the patient
- Be unlikely to put a host family at risk
- Be in active treatment (at least 1 appointment/week)
Because of the unique nature of the Services, Guests are not guaranteed that an Accommodation will be available at any time.
Accommodations are provided by Hosts and are found under “Places to Stay” on the Site. To have access to view Accommodations through “Places to Stay,” book an Accommodation, or create a Listing you must first register to create a Hosts for Humanity Account (defined below).
Hosts for Humanity is not an owner, operator, or provider of any properties that appear as Listings, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, and Hosts for Humanity does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control any properties. Unless explicitly specified otherwise in writing, Hosts for Humanity’s responsibilities are solely limited to facilitating the availability and functionality of the Site and Services.
THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED SOLELY TO FACILITATE HOSTS AND GUESTS CONNECTING AND BOOKING ACCOMMODATIONS DIRECTLY WITH EACH OTHER. HOSTS FOR HUMANITY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY, OR SUITABILITY OF ANY ACCOMMODATIONS IS NOT GUARANTEED. HOSTS FOR HUMANITY IS NOT RESPONSIBLE FOR, AND DISCLAIMS, ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ALL BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBERS’ AND HOSTS’ OWN RISK.
In order to access certain features of the Site and Application, and to book an Accommodation or create a Listing, you must register to create an account (“Hosts for Humanity Account“) and become an approved Member. You may register to join the Services directly via the Site or Application or as described in this section.
Your Hosts for Humanity Account and your Hosts for Humanity Account profile page will be created for your use of the Site and Application based upon the personal information you provide. You may not have more than one (1) active Hosts for Humanity Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Hosts for Humanity reserves the right to suspend or terminate your Hosts for Humanity Account and your access to the Site, Application and Services if you create more than one (1) Hosts for Humanity Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, misleading, not current, incomplete, or otherwise in violation of these Terms of Service.
Your account will include the creation of a Member password that will give you access to your Hosts for Humanity Account. You are responsible for safeguarding your Member password. You agree that you will not disclose your Member password to any third party.
Unless expressly authorized by a specific feature on Hosts for Humanity, you are not permitted to share your Hosts for Humanity Account with anyone or allow others to access or use your Hosts for Humanity Account. Hosts for Humanity may enable features, in our discretion, that allow other Members to take certain actions associated with your Hosts for Humanity Account, on your behalf with your express authorization, such as having your executive assistant, travel agent, or employer book on your behalf or adding a family member to your account as an additional Host. You agree that you will take sole responsibility for any activities or actions under your Hosts for Humanity Account, whether or not you have authorized such activities or actions. You will immediately notify Hosts for Humanity of any unauthorized use of your Hosts for Humanity Account.
As a Host Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Accommodation and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Accommodations must have valid physical addresses. Listings will be made available to Members via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Guest and Host preferences, and/or ease of booking.
Guests will be able to book Accommodations via the Site based upon the information provided in a Listing, stated Guest requirements, and Guests’ search parameters and preferences.
As a Host, you acknowledge and agree that you alone are responsible for any and all Listings and Member Content that you post. Accordingly, you represent and warrant that any Listing you post and the Booking of, or a Guest’s stay at, an Accommodation in a Listing that you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other third party agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws), Tax requirements, Intellectual Property laws, as well as all rules and regulations that may apply to any Accommodation included in a Listing that you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Hosts for Humanity assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, or rules and regulations. Hosts for Humanity reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Hosts for Humanity, in its sole discretion, considers to be objectionable for any reason.
If you are a Host, you understand and agree that Hosts for Humanity does not act as an insurer, an intermediary, or as your contracting agent. If a Guest requests a Booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is solely between you and the Guest, and Hosts for Humanity is not a party to it in any respect.
If you are a Host, Hosts for Humanity makes certain tools available to you to help you to make informed decisions about which Members you choose to approve for Booking for your Accommodation. You acknowledge and agree that, 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 Guest (and the individuals the Guest invites to the Accommodation, if applicable.)
Hosts for Humanity recommends that Hosts obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please 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 or relating to Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation.
Hosts for Humanity does not endorse any Member, whether Host or Guest, any Listing or any Accommodation.
All Members, whether Guests or Hosts, are required by these Terms of Service to provide accurate and truthful information and hereby represent to Hosts for Humanity that they are using this platform to book Stays in Accommodations in good faith and in accordance with Hosts for Humanity’s mission. Although Hosts for Humanity may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, Hosts for Humanity does not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background or reasons for using the Hosts for Humanity platform.
Should there be any references on the Site to a Member being “verified” or “connected” (or similar language), be advised that any such references are not designations made by Hosts for Humanity, and are not endorsements, representations, certifications or guarantees by Hosts for Humanity about any Member, including the Member’s identity and whether the Member is trustworthy, safe or suitable. All Members are advised to exercise due diligence and care when deciding whether to stay with a Host or to accept a Booking request from a Guest, or to have any other interaction with any other Member.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Hosts for Humanity with respect to such actions or omissions. Accordingly, Hosts for Humanity encourages members to communicate directly with other Members via the Hosts for Humanity messaging platform regarding any Bookings or Listings they have made.
Bookings and Financial Terms
Hosts providing Accommodations and accepting Bookings for Stays are doing so on a completely voluntary basis in order to ease the financial burden on those Guests providing support to out-of-town patients undergoing medical treatment and care. “Suggested Donation” means the amount that Hosts for Humanity asks Guests to donate on a voluntary basis in exchange for using the Hosts for Humanity Service. These donations go to Hosts for Humanity, and not to Hosts. These funds support costs associated with running the Hosts for Humanity service. If the Guest cannot donate, they will not be turned away on that basis alone.
If you are a Host and a Booking is requested for your Accommodation via the Site or Application, you will be required to either approve or decline the Booking request within the Booking Request Period, otherwise the Booking request will automatically expire. Hosts will have an opportunity to exchange messages with Guests through the Hosts for Humanity message Communications within the Site, as well as see the Guest’s Account profile page, and character references. When a Booking is accepted via the Site, Application or Services, it will be up to the Host to share appropriate information with the Guest.
When you confirm a Booking requested by a Guest, Hosts for Humanity will send you a Communication confirming such Booking, depending on the selections you make via the Site, Application and Services.
The Hosts, not Hosts for Humanity, are solely responsible for honoring any confirmed Bookings and making available any Accommodations properly reserved through the Site. If a Guest chooses to enter into a transaction with a Host for the Booking of an Accommodation, each Guest agrees and understands that you will be required to enter into an agreement directly with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host. Guests acknowledge and agree that Hosts for Humanity shall not be held liable for any injury, damages or other losses of any kind that may be suffered by any Guest in connection with any Booking or Stay. Each Guest also acknowledges and agrees that the Guest, and not Hosts for Humanity, will be responsible for performing the obligations of any such agreements, that Hosts for Humanity is not a party to such agreements. Each Member, whether Guest or Host, acknowledges and agrees that Hosts for Humanity disclaims all liability arising from or related to any such agreements.
Once your confirmed Booking transaction is complete you will receive a confirmation Communication summarizing your confirmed Booking.
If, as a Guest, you wish to cancel a confirmed Booking made via the Site or Application, either prior to or after arriving at the Accommodation, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation.
Damage to Accommodations
As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at an Accommodation) in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, 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. In the event that a Host claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items.
Both Guests and Hosts agree to cooperate with and assist Hosts for Humanity in good faith, and to provide Hosts for Humanity with such information and take such actions as may be reasonably requested by Hosts for Humanity, in connection with any damage claims or other complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation or with respect to any investigation undertaken by Hosts for Humanity or a representative of Hosts for Humanity regarding use or abuse of the Site, Application or the Services.
If you are a Guest, you understand and agree that Hosts may make a claim under your homeowner’s, renter’s or other insurance policy 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 agree to cooperate with and assist the Host in good faith, and to provide the Host with such information as may be reasonably requested by the Host, in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as the Host may reasonably request to assist the Host in accomplishing the foregoing.
Overstaying without the Host’s Consent
Guests agree that a confirmed Booking is merely a revocable license granted by the Host to the Guest to enter and use the Listing for the limited duration of the confirmed Booking and in accordance with the Guest’s agreement with the Host. Guests further 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 the Host and Guest. If a Guest stays past the agreed upon checkout time without the Host’s consent, they no longer have a license to stay in the Listing and the Host is entitled to make the Guest leave. In addition, Guests agree that the Host can charge the Guest any legal or other expenses incurred by the Host to make the Guest leave.
Reporting Misconduct – If you stay with or host anyone who you feel 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 Hosts for Humanity by contacting us with your police station and report number; 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.
No member shall recruit or otherwise solicit any Host or other Member to join third-party services or websites that are competitive to Hosts for Humanity, without Hosts for Humanity’s prior written approval;
No member shall recruit or otherwise solicit any Member to join third-party services, applications or websites, without Hosts for Humanity’s prior written approval;
Intellectual Property Ownership and Rights Notices
Hosts for Humanity Content and Member Content License
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except 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 Hosts for Humanity or its licensors, except for the licenses and rights expressly granted in these Terms.
Hosts for Humanity may, in its sole discretion, permit you to post, upload, publish, submit or transmit certain Member Content. By making available any Member Content on or through the Site, Application, Services, or through Hosts for Humanity promotional campaigns, you hereby grant to Hosts for Humanity a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise use such Member Content on, through, by means of or to promote or market the Site, Application and Services. Hosts for Humanity does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through Hosts for Humanity promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through Hosts for Humanity promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Hosts for Humanity the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Hosts for Humanity’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or Hosts for Humanity promotional campaigns 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.
Use of Non-Identifying or De-identified Data: As a part of our mission, Hosts for Humanity and our partners are committed to improving the experience of patients and caregivers who must travel for healthcare. Certain non-identifiable information that we receive from you is helpful in the analysis of relevant and specific topics directly related to the issues and challenges facing patients and caregivers who travel to receive healthcare services and support. To that end, Hosts for Humanity provides non-identifying data to designated research partners. This includes non-identifying data from individuals members, aggregate or statistically analyzed data from more than one member, and member survey results and analyses. Hosts for Humanity may also de-identify certain data it receives from you. Once all identifying data has been removed, the de-identified data may be used for scientific, academic, or other research. Hosts for Humanity’s partners receiving such de-identified data are contractually prohibited from re-identifying such data. Hosts for Humanity Members have the right to a complete download of their data. Identifying data is never provided to any Hosts for Humanity partners unless prior written consent has been received from the Member. No identifying or non-identifying data will be sold to third parties.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Hosts for Humanity is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Hosts for Humanity of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Hosts for Humanity and you hereby irrevocably assign to Hosts for Humanity and agree to irrevocably assign to Hosts for Humanity all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Hosts for Humanity’s request and expense, you will execute documents and take such further acts as Hosts for Humanity may reasonably request to assist Hosts for Humanity to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Hosts for Humanity reserves the right, at its sole discretion, to modify the Site, Application, or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application. We will also update the “Last Updated” date at the bottom of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. If you do not close your Hosts for Humanity Account you will be deemed to have accepted the changes.
Hosts for Humanity respects copyright law and expects its users to do the same. It is Hosts for Humanity’s policy to terminate in appropriate circumstances the Hosts for Humanity Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Term and Termination, Suspension and Other Measures
• Term – These Terms shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Hosts for Humanity terminate these Terms as described below.
• Termination for Convenience – You may terminate these Terms at any time by sending us an email detailing the fact that you wish to terminate your Account. If you terminate your Hosts for Humanity Account as a Host, any confirmed Bookings will be automatically canceled and your Guests will receive notification of the cancellation. If you cancel your Hosts for Humanity Account as a Guest, any confirmed Booking will be automatically canceled.
Without limiting our rights specified below, Hosts for Humanity may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to your registered email address.
• Immediate Termination for Breach, Suspension and Other Measures – Hosts for Humanity may immediately, and without notice, terminate these Terms if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the “User Conduct” provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Hosts for Humanity Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Hosts for Humanity believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Hosts for Humanity or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition, Hosts for Humanity may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed Bookings, limit your use of or access to your Hosts for Humanity Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your Hosts for Humanity Account, or temporarily or permanently suspend your Hosts for Humanity Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Hosts or Guests, or (ii) Hosts for Humanity believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Hosts for Humanity or third parties, for fraud prevention, risk assessment, security or investigation purposes.
If we take any of the measures described, we may (i) communicate to Guests or Hosts that a pending or confirmed Booking has been cancelled, (ii) refund your Guests in full for any and all confirmed Bookings, irrespective of preexisting cancellation policies, (iii) support your Guests, on an exceptional basis, in finding potential alternative Accommodations, and (iv) you will not be entitled to any compensation for confirmed Bookings that were cancelled.
In case of non-material breaches and where appropriate, you will be given notice of any measure by Hosts for Humanity and an opportunity to resolve the issue to Hosts for Humanity’s reasonable satisfaction.
• Consequences – If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Hosts for Humanity Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your Hosts for Humanity Account has been suspended or this Agreement has been terminated by us, you may not register a new Hosts for Humanity Account or attempt to access and use the Site, Application and Services through other Hosts for Humanity Accounts.
• Survival – If you or we terminate 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 SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT HOSTS FOR HUMANITY DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS. NOTWITHSTANDING TO FOREGOING, HOSTS FOR HUMANITIES MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS, IN ITS SOLE DISCRETION, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND IF WE HAVE SUFFICIENT INFORMATION TO IDENTIFY A MEMBER. IF WE CHOOSE TO CONDUCT SUCH CHECKS, 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 SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HOSTS FOR HUMANITY EXPLICITLY DISCLAIMS ANY WARRANTIES 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. HOSTS FOR HUMANITY MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HOSTS FOR HUMANITY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, HOSTS, GUESTS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HOSTS FOR HUMANITY OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT HOSTS FOR HUMANITY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. HOSTS FOR HUMANITY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY HOSTS FOR HUMANITY. HOSTS FOR HUMANITY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST, HOST, OR OTHER THIRD PARTY.
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 SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY HOSTS FOR HUMANITY STAY VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF HOSTS FOR HUMANITY WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER HOSTS FOR HUMANITY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, OR THE 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 THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOSTS FOR HUMANITY 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.
COVID-19 AND COMMUNICABLE DISEASE POLICY AND LIMITATION OF LIABILITY
ALL MEMBERS, WHETHER HOSTS OR GUESTS, ACKNOWLEDGE AND AGREE THAT HOSTS FOR HUMANITY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY HOSTS OR GUESTS WHO MAY CONTRACT COVID-19 OR ANY OTHER COMMUNICABLE DISEASE. ALL GUESTS AND HOSTS ARE RESPONSIBLE FOR TAKING PROPER PRECAUTIONS TO PREVENT THE SPREAD OF COVID-19 AND/OR ANY OTHER COMMUNICABLE DISEASE, AND FOR DETERMINING WHETHER TO BOOK A STAY AFTER SHARING RELEVANT INFORMATION. GUESTS AND HOSTS BOOK STAYS AT THEIR OWN RISK. HOSTS FOR HUMANITY DOES NOT REQUIRE THAT HOSTS OR GUESTS BE VACCINATED, NOR DOES IT REQUIRE THE WEARING OF MASKS AND OTHER PERSONAL PROTECTIVE EQUIPMENT (PPE) DURING A STAY. POLICIES RELATED TO COVID-19 AND/OR OTHER COMMUNICABLE DISEASE AND BOOKING STAYS ARE DETERMINED SOLELY BY THE HOSTS AND NOT BY HOSTS FOR HUMANITY.
You agree to release, defend, indemnify, and hold Hosts for Humanity 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 (a) your access to or use of the Site, Application, Services, or Collective Content, or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Booking of an Accommodation, or (iii) creation of a Listing; and (d) the use, condition or Booking of 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 Listing, Booking or use of an Accommodation;
Except as they may be supplemented by a document referenced and incorporated herein or by additional Hosts for Humanity policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Hosts for Humanity and you regarding the Site, Application, Services, Collective Content, and any Bookings or Listings of Accommodations made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between Hosts for Humanity and you regarding Bookings or listings of Accommodations, the Site, Application, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Hosts for Humanity’s prior written consent which may be granted or withheld in its sole discretion. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect whatsoever. Hosts for Humanity may assign or transfer these Terms, in its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Hosts for Humanity (i) via a Communication (in each case to the address or phone number that you provide) or (ii) by posting to the Site or via the Application. For notices made via a Communication, the date of receipt will be deemed the date on which such notice is transmitted.
Any failure of Hosts for Humanity to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision in any respect whatsoever. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Hosts for Humanity. 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. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
• This Agreement constitutes the entire agreement between Hosts for Humanity and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Hosts for Humanity. No modifications will be made, and no strike outs are permitted.
• This agreement will be governed by the laws of the State of Maryland
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights, any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Baltimore City, Maryland in the English language and the arbitral decision may be enforced in any court.
The invalidity or unenforceability of any provision of this Will shall not affect the validity or enforceability of any other provision of this Will. If a court of competent jurisdiction determines that any provision of this Will is invalid, the remaining provisions of this Will shall remain in full force and effect.
Contacting Hosts for Humanity
If you have any questions about these Terms, please contact Hosts for Humanity at firstname.lastname@example.org.
Last Updated: August, 2022