Last Updated: February 21, 2020
”) CAREFULLY. SafelyStay, Inc. (together with our affiliates, “Safely
”, or “us
”) provides trust and safety services (“Services
”) for property owners and managers who have accommodations to rent (“Hosts
”) and guests seeking to rent such accommodations (“Guests
”). The Services and the software and certain information and content related thereto, including safely.ai, and safelystay.com (the “Site
”) and any other Safely branded websites, web pages, mobile websites, and any mobile applications operated by Safely, are collectively, the “Platform
PLEASE BE AWARE THAT SECTION 12.1 OF these terms, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF these terms. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE PLATFORM WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM these terms.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms
”) and such Supplemental Terms will either be listed in the Terms or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.
PLEASE NOTE THAT The Terms are subject to change by Safely in its sole discretion at any time. When changes are made, Safely will make a new copy of the Terms available at safely.com/terms. We will also update the “Last Updated” date at the top of the Terms. If we make any material changes, and you have registered with us to create an Account we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of the Platform and will be effective thirty (30) days after posting notice of such changes on the Site for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to existing users. Safely may require you to provide consent to the updated Terms in a specified manner before further use of the Platform is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services and/or the Platform. Otherwise, your continued use of the Services and/or the Platform constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.
- 1.1. Account Creation. To use the Platform, you must have a registered account (“Account”) with Safely. When you register for an Account, you must provide complete and accurate information about yourself, and if you are a Host, your Accommodations, and you agree to maintain the accuracy of such information. You may not impersonate someone else, create or use an Account for anyone other than yourself, provide an email address other than your own, or create multiple Accounts.
- 1.2. Account Responsibilities. Safely prohibits the creation of, and you agree that you will not, create an Account for anyone other than yourself or for your personal use. You are responsible for all activities that occur under your Account. You agree to immediately notify Safely of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Safely cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- Overview of the Services
- 2.1. Our Platform and the related Services streamline the process of reserving rental accommodations (“Accommodations”), including Guest Verification Services, Assurance Services, and other reservation related services. Safely is not a party to any agreements entered into between Hosts and Guests, nor is Safely a real estate broker, payment agent, or insurer. Safely has no control over the conduct of Hosts, Guests, and other users of the Platform or Services or the condition of any accommodation, and disclaims all liability in this regard to the maximum extent permitted by law. Unless explicitly specified otherwise in writing, Safely is not an owner, operator, or listing agent of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or accommodations.
- 2.2. Verification Services.
- (a) “Guest Verification Services” are Services offered to Hosts, whereby Safely will (i) collect verification data from Guests, including name, addresses, date of birth, and other available information to confirm the identity of the Guest, and (ii) check the Guest against databases that collect fraud and crime data and vacation record databases. You acknowledge and agree that Safely makes the Guest Verification Services available to Hosts as a convenience only, to facilitate the booking of Accommodations between Guests and Hosts, and Safely makes no warranty that any advice, information, or recommendation we make through the Platform or Services (including any Safely Score (as defined below)) are accurate or reliable. You acknowledge and agree that our advice and recommendations are based, in part, on the accuracy and reliability of User Content submitted by you and other Users, and that such data and information, and conditions, may change, which may render any advice, information, or recommendation incorrect or inadvisable. As a Host, you verify to Safely that you have obtained the consent of all users and Guests agreeing to these Terms and the Verification Service Protocols and you expressly represent and warrant that you will include in your rental agreement with Guests that the Guest acknowledges and agrees that such Guest is subject to a background check conducted by a third party in connection with the rental. You agree to indemnify and hold Safely (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your failure to obtain express written consent from a Guest to allow a third party to conduct a background check in connection with such rental.
- (b) As a Guest, you agree to always provide accurate, current and complete information when prompted. By providing such information, (i) you agree to the Verification Service Protocols (defined below) and that any all information determined through or in connection with such Verification Service Protocols may be used by Safely, Hosts and authorized third parties, (ii) authorize Safely or a Host to create a personal record associated with you, and (iii) grant an irrevocable power of attorney to Safely and such Host for the Verification Service Protocols during the term of your use of the Platform. You further consent to Safely publishing, disclosing, and otherwise making available to third parties, including Hosts, your risk score produced by the Guest Verification Services (“Safely Score”). You acknowledge and agree that Safely will have no liability whatsoever in connection with the disclosure or publication of your Safely Score (including any inability to book Accommodations) and you agree not to bring any claim against Safely in connection with such disclosure or publication. “Verification Service Protocols” means and include all the procedures listed on Annex A, including background checks, and shall include the authority for any and all information determined through or in connection with such protocols to be used by Safely, Hosts, and other authorized third parties.
- 2.3. Assurance Services.
- (a) Safely has negotiated with Voyager Indemnity Insurance Company, a Georgia corporation, and other insurance carriers (the “Insurer”), to provide commercial liability insurance coverage to Hosts and Guests with respect to certain liability arising from the rental transactions entered into between the Hosts and Guests (“Assurance Services”). The terms of coverage can be reviewed within your Account.
- (b) When you enter into an agreement for Assurance Services with Safely, you will be extended certain liability coverage associated with the rental transaction. You agree to be bound by the terms and to be subject to the conditions of the insurance agreement, and agree to administer the insurance as set forth by Safely and the Insurer, including but not limited to remittance of collected insurance charges, assistance in claims submissions and assistance in claims investigations. Even in the event these Terms are terminated for any reason, Guest who have been issued insurance will retain their coverage. Upon such termination, as a Host you agree to continue to administer the insurance to Guests who have purchased such Assurance Services as of the date of termination and make any necessary payments to Safely that were incurred prior to termination, and you agree to indemnify and hold Safely (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your failure to do so.
- (c) If you are purchasing insurance or making a claim against an insurance policy, you must review the applicable fraud warning notice contained at https://safely.com/fraudwarningnotices/.
- (d) As a Guest, you are generally responsible for leaving the 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 with whom you invite to, or otherwise provide access to, the Accommodation. You understand that any insurance that is extended to you will not cover wanton acts, malicious acts, or willful acts, and may not cover gross negligence. In the event that a Host claims damages from the type of acts described in the preceding sentence 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. You understand and agree that Host may make a claim under your insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including an Accommodation) of the Host. You agree to cooperate with and assist Host in good faith, and to provide Host with such information as may be reasonably requested by Host, 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 Host may reasonably request to assist Host in accomplishing the foregoing. If we charge your credit card and we or the Host are subsequently reimbursed by insurance, we will remit the balance of any recoveries to you, net of costs and related charges.
- (e) Both Guests and Hosts agree to cooperate with and assist Safely in good faith, and to provide Safely with such information and take such actions as may be reasonably requested by Safely in connection with any objections made by Guests relating to Accommodations or any personal or other property located at an Accommodation or with respect to any investigation undertaken by Safely or a representative of Safely regarding use or abuse of the Platform or the Services. If you are a Guest, upon Safely’s reasonable request, you agree to participate in mediation or similar resolution process with a Host or booking channel, at no cost to you, which process will be conducted by Safely or a third party selected by Safely, with respect to losses for which the Host is requesting payment from Safely.
- (f) The Assurance Services offered by Safely are provided “as is”, with no warranties of any kind. Safely is not acting as an insurance carrier, agent, underwriter or third-party administrator with respect to the Assurance Services. Safely has no authority to bind coverage, pay claims of insurance, provide advice concerning coverage, engage in the sale, solicitation and negotiation of insurance or engage in any other activity that would require an insurance producer, third-party administrator or managing general agency license. The Assurance Services offered by Safely does not include the sale, solicitation, negotiation or underwriting of insurance or the payment and processing of insurance claims. All of the Assurance Services provide by Safely shall consist solely of administrative services related to the management of the Assurance Services, including enrolling Guests into the insurance plan, collecting the insurance premium, forwarding insurance data and claims information to the Insurer and providing certain technical services in support of the Assurance Services. All fees owed to Safely that are connected to the Assurance Services shall be service fees intended solely as compensation for the administrative services provided by Safely and not as insurance commissions. Safely will act as a facilitator to enable Guests and Hosts to communicate with and to use insurance and file claims with the Insurer; however, Safely expressly disclaims any liability for processing or payment of claims.
- Access to the Platform
- 3.1 Grant of Rights. Subject to these Terms, Safely grants you a non-transferable, non-exclusive, revocable, limited right to access the Platform to use the features and functional of the Services, in each case solely for your own personal or internal business purposes.
- 3.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform, whether in whole or in part, or any content displayed on the Platform; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Platform; (c) you shall not access the Platform in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Platform shall be subject to these Terms. All copyright and other proprietary notices on the Platform (or on any content displayed on the Platform) must be retained on all copies thereof.
- 3.3. Modification. Safely reserves the right, at any time, to modify, suspend, or discontinue the Platform (in whole or in part) with or without notice to you. You agree that Safely will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Platform or any part thereof.
- 3.4 No Support or Maintenance. You acknowledge and agree that Safely will have no obligation to provide you with any support or maintenance in connection with the Platform.
- 3.5 Ownership. Excluding any User Content that you may provide (defined in Section 5.1 below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Platform and its content are owned by Safely or Safely’s suppliers. Neither these Terms (nor your access to the Service) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 3.1 Safely and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
- User Content and Conduct
- 4.1 User Content. “User Content” means any and all information and content that a user submits to, or uses in connection with, the Platform, including, but not limited to profile information. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 5.4). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Safely. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Safely is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
- 4.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to Safely an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, and otherwise use your User Content, and to grant sublicenses of the foregoing rights, for any business purpose of Safely. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
- 4.3 Feedback. You hereby grant to Safely a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Platform any suggestions, enhancement requests, recommendations or other feedback you provide relating to the Platform (“Feedback”). Safely will treat any Feedback you provide to Safely as non-confidential and non-proprietary. You agree that you will not submit to Safely any information or ideas that you consider to be confidential or proprietary.
- 4.4 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
- (a) You agree not to use the Platform to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
- (b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Platform any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) use the Platform to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (iii) interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform, or violate the regulations, policies or procedures of such networks; (iv) attempt to gain unauthorized access to the Platform (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; (v) harass or interfere with any other user’s use and enjoyment of the Platform; (v) use software or automated agents or scripts to produce multiple accounts on the Platform, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Platform (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file); (vi) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations and standards of rental associations, or other similar organizations which have the effect of binding Hosts or Guests, (vii) request or book a stay at any Accommodation if you will not actually be staying at the Accommodation yourself, unless Safely explicitly permits otherwise; (viii) contact a Host for any purpose other than asking a question related to a reservation or a Host’s Accommodations; (ix) contact a Guest for any purpose other than asking a question related to a reservation or such Guest’s use of the Platform and Services; (x) use our Platform or Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card, or account numbers; (xi) “stalk” or harass any other user of our Platform or Services, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Safely Guest or Host; (xii) request any Guest Verification Services or similar services from Safely with respect to any individual unless such individual has executed a written undertaking required under applicable law to consent to such service and a background check in connection therewith; (xiii) recruit or otherwise solicit any Host or other user to join third-party services or websites that are competitive to Safely or its partners, without Safely’s prior written approval; or (xiv) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
- 4.5 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 11, and/or reporting you to law enforcement authorities.
- 4.6 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 (1) engages in offensive, violent, or sexually inappropriate behavior, (2) you suspect of stealing from you, or (3) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Safely by contacting us with your police station and report number at email@example.com; 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. If any person contacted through Safely is causing or threatening harm to life or property, the authorities should be contacted on an emergency basis.
- Obligations of HOST
- 5.1 HOST will operate Safely’s technologies as follows, or as otherwise agreed in writing:
- 5.2 HOST will provide all necessary information with respect to each Property. HOST is not required to enroll all of its Properties with Safely’s Rental Insurance, but every paid Stay for a Property that has been enrolled in the Rental Insurance must be Insured. Rental Insurance coverage will be void with respect to the specific Property if every Stay is not enrolled, and there will is no recourse for refunds. Upon the voiding of the Rental Insurance coverage all unpaid amounts with respect to the Property in question are immediately due and payable, and Safely may immediately disable HOST’s access to the Service.
- 5.4 HOST will comply with all applicable laws, rules, and regulations in the performance of its obligations and exercise of its rights hereunder. In particular, HOST acknowledges and agrees that it has obligations to notify consumers under applicable laws of any adverse determinations arising out of Safely reports. HOST must promptly notify Safely of HOST’s denial of a Guest Stay at Concierge@Safely.com or via the Safely Portal (https://portal.safely.com)
- 5.5 Any unauthorized use of any function of the Services is a violation of this Agreement and may violate certain Country or United States of America federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
- 5.6 HOST will provide Safely with sufficient information of each User that is necessary to carry out the services HOST selected. For the avoidance of doubt, HOST will provide Safely with the User data listed in Exhibit C when available.
- 5.7 After each Stay, HOST will inform Safely of any Guests that would not be eligible to rent from the HOST again, for the purposes of collecting information for Safely’s Vacation Record.
- 5.8 HOST understands that all Verification Services will incur a charge when incurred and will be responsible for all chargebacks and costs of cancellation of a Guest’s reservation. For Safely’s Guest Verifications, fees for this service may not be refunded after the searches have been conducted. If a purchase has been made in error, please contact Safely as soon as possible.
- 5.9. For Safely’s Rental Insurance, HOST must notify Safely of any canceled reservations, prior to the arrival date, in order to receive a refund for the insured reservation. HOST will also notify Safely of any modification of reservations so coverage may be modified. Changes to arrival date must be reported prior to the original arrival date. Changes to departure date must be made prior to the original departure date and prior to the new departure date.
- 5.10 From time-to-time, Safely may review HOST’s reservations to audit that all eligible Stays for an enrolled Property are Insured. To the extent any records generated by HOST are not delivered to Safely, HOST shall maintain those records for at least three years to permit the audit of its obligations under this Agreement.
- 5.11 HOST must notify Safely as soon as practicable but no later than sixty (60) calendar days after the guest’s departure of an “occurrence” or an offense which may result in a claim. To the extent possible, this first notice of loss should include:
- (a) How, when and where the “occurrence” or offense took place;
- (b) The names and addresses of any injured persons and witnesses; and
- (c) The nature and location of any injury or damage arising out of the “occurrence” or offense.
- 5.12 If a claim is made or “action” is brought against any insured, HOST must:
- (a) Immediately record the specifics of the claim or “action” and the date received; and
- (b) Notify Safely as soon as practicable, and no later than sixty (60) days after the guest’s departure.
- 5.13 HOST and any other involved insured must:
- (a) Immediately send Safely copies of any demands, notices, summonses or legal papers received in connection with the claim or “action”;
- (b) Authorize Safely and the Underwriter to obtain records and other information;
- (c) Cooperate with Safely and the Underwriter in the investigation, negotiation or settlement of the claim or defense against the “action”; and
- (d) Assist Safely and the Underwriter, upon request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply.
- 5.14 If a claim is made or “action is brought against any insured, Safely and the Underwriter reserve the right to inspect and or verify damages arising out of the “occurrence” or offense before any repairs take place.
- 5.15 Proof of loss forms and documents must be submitted no later than sixty (60) calendar days after the guest’s departure.
- 5.16 Claims documents required, as per policy including but not limited to:
- (a) Claims Form;
- (b) Police Report in the event of theft, mysterious disappearance or similar occurrence;
- (c) Photographs;
- (d) The inventory of damaged items with report estimates where applicable;
- (e) Receipt and invoices; and
- (f) Other documents as may be reasonably required.
- 5.17 Exclusions include:
- (a) Wear and tear
- (b) Damage caused by weather
- (c) Damage not caused by the guest
- (d) Liability related to use of recreational equipment (ATVs, golf cart, bikes, kayaks)
- (e) Liability related to pets, including bites
- (f) Liability resulting from bed bugs
- (g) Liability from viruses
- (h) Liability related to invasion of privacy
- (i) Liability for injuries a guest causes to another guest
- (j) Liability for damages a guest causes to neighbors, or property not maintained by the named insured
- (k) Host/Owners can offer alcohol, but our policy will not be responsible for liability that arises from the distribution of alcohol
- 5.18 The following items are only covered up to $200
- (a) Money, bank note, bullion, gold other than goldware, silver other than silverware, platinum other
- (b) than platinum-ware, coins, medals, smart cards
- 5.19 The following items are covered only up to $2,500 or the Policy Contents Limit, whichever is lower
- (a) Securities, accounts, deeds, evidences of debt, letters of credit, notes other than bank notes,
- (b) manuscripts, personal records, passports, tickets and stamps
- (c) Watercraft
- (d) Trailers
- (e) Theft or damage of jewelry, watches, furs precious and semiprecious stones, art work
- (f) Theft or damage of firearms
- (g) Theft or damage of silverware, goldware, platinum-ware
- 5.20 No insured will, except at that insured’s own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent.
- 5.21 HOST agrees to cooperate in the adjudication of any Rental Insurance claims, including but not limited to: allowing the insurance carrier the right to inspect property or the premises at any time, and providing documents, correspondence, invoices, receipts and photographs as requested by Safely or the insurance carrier. HOST acknowledges that the Rental Insurance shall be administered in accordance with the terms of the insurance policy issued by the insurance carrier to Safely.
- 5.22 HOST hereby explicitly acknowledges and agrees that it is not in the insurance business and that during the term of this Agreement it shall not Sell, Solicit, or Negotiate insurance as defined below:
- (a) “Sell” means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurance company.
- (b) “Solicit” means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company.
- (c) “Negotiate” means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms or conditions of the contract, provided that the person engaged in that act either sells insurance or obtains insurance from insurers for purchasers.
- Purchase Terms
- 6.1 Payment. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Safely or the Third Party Provider (as defined below) with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) or automated clearinghouse account information as a condition to signing up for the Platform. Your Payment Provider agreement governs your use of any designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing Safely or the Third Party Provider with your credit card number and associated payment information, you agree that Safely and/or the Third Party Provider is authorized to immediately invoice your Account for all fees and charges due and payable to Safely hereunder and that no additional notice or consent is required. You agree to immediately notify Safely and/or the Third Party Provider of any change in your billing address or the credit card used for payment hereunder. Safely reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Platform or by e-mail delivery to you. All fees are, unless otherwise stated, non-refundable and stated in US dollars.
- 6.2 Taxes. Safely’s fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Safely, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Safely for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Safely is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax. You agree to make all payments of fees to Safely free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Safely will be your sole responsibility, and you will provide Safely with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
- Indemnification. You agree to indemnify and hold Safely (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Platform, (b) your User Content, (c) your violation of these Terms; or (d) your violation of applicable laws, rules or regulations. Safely reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Safely. Safely will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Third-Party Links, Applications & Ads; Other Users
- 8.1 Third-Party Links, Applications & Ads. The Platform may contain links to third-party websites and services, applications and/or display advertisements for third parties (collectively, “Third-Party Links, Applications & Ads”). Such Third-Party Links, Applications & Ads are not under the control of Safely, and Safely is not responsible for any Third-Party Links, Applications & Ads. Safely provides access to these Third-Party Links, Applications & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links, Applications & Ads. You use all Third-Party Links, Applications & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, Applications & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
- 8.2 Open-Source Software. Certain software code incorporated into or distributed with the Platform may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the MIT License) (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under Section 1 and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
- 8.3 Other Users. Each Platform user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding, and you are solely responsible for, the accuracy, currency, suitability, or quality of any User Content.
- 9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND SAFELY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF SERVICES WILL BE ACCURATE OR RELIABLE.
- 9.2 THE PLATFORM AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS AND GUESTS CONNECTING AND RESERVING ACCOMMODATIONS. SAFELY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY, OR SUITABILITY OF ANY ACCOMMODATIONS, THE RESULTS OF OUR VERIFICATION SERVICES, OR YOUR ABILITY TO BOOK ACCOMMODATIONS. SAFELY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY OTHERWISE RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY RESERVATIONS WILL BE MADE AT THE GUEST’S OWN RISK AND ACCEPTED AT THE HOST’S OWN RISK.
- 9.3 Safely does not in any way endorse any Guest or Host or Accommodation. Hosts and Guests are required by these Terms to provide accurate information, and although Safely may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, there are limitations to all background checks if accurate information is not provided, or if there are otherwise limits to available information. Therefore, although the Services are intended to reduce the risks associated with any Accommodation, no processes can completely reduce all risk. You are expected to take ordinary care in making any reservation with Hosts and making Accommodations available to Guests.
- 9.4 By using the Platform or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Hosts or Guests or other third parties will be limited to a claim against the particular Host or Guest or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Safely with respect to such actions or omissions. This limitation shall not apply to any claim by a Host against Safely regarding the remittance of payments received from a Guest by Safely on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
- 9.5 YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT SAFELY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. SAFELY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM OR SERVICES. YOU UNDERSTAND THAT THE BACKGROUND CHECKS PERFORMED BY SAFELY MAY BE ERRONEOUS OR INCOMPLETE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS. SAFELY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR HOST OR OTHER THIRD PARTY.
- 9.6 HOSTS ARE RESPONSIBLE FOR UNDERSTANDING THE LAWS THAT APPLY TO THEM WITH RESPECT TO THEIR RENTAL PROPERTIES AND THEIR USE OF INFORMATION PROVIDED THROUGH THE PLATFORM AND SERVICES. SOME JURISDICTIONS (SUCH AS A CITY OR TOWNSHIP) HAVE LAWS THAT RESTRICT THEIR ABILITY TO USE RESIDENTIAL PROPERTIES FOR RENTAL INCOME. THESE LAWS ARE OFTEN PART OF A JURISDICTION’S ZONING OR ADMINISTRATIVE CODES. IN MANY JURISDICTIONS, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING PAYING GUESTS. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. HOSTS SHOULD REVIEW LOCAL LAWS BEFORE USING THE SERVICES.
- 9.7 GUESTS ARE RESPONSIBLE FOR UNDERSTANDING THE LAWS APPLICABLE TO THEM WITH RESPECT TO THE PROPERTIES THEY RENT FROM HOSTS, INCLUDING BUT NOT LIMITED TO PAYMENT OF VISITOR AND OTHER TOURIST RELATED TAXES AND FEES.
- Limitation on Liability
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SAFELY BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR PLATFORM, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT SAFELY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PLATFORM OR SERVICES, ON ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE FEES, IF ANY, PAID BY YOU TO SAFELY UNDER THIS AGREEMENT IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM, (B) FIFTY US DOLLARS (U.S. $50), AND (C) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
THE FOREGOING LIMITATIONS ON LIABILITY SHALL NOT APPLY TO LIABILITY OF SAFELY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY ITS FRAUD OR FRAUDULENT MISREPRESENTATION.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SAFELY AND YOU.
- Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Platform. We may suspend or terminate your rights to use the Platform (including your Account) at any time for any reason at our sole discretion, including for any use of the Platform in violation of these Terms. If you want to terminate the Platform provided by Safely, you may do so by (a) notifying Safely at any time and (b) closing your Account; provided, however, there are no current rental reservations outstanding. Your notice should be sent, in writing, to Safely’s address set forth below. Upon termination of your rights under these Terms, your Account and right to access and use the Platform will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Safely will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.3, 1-3.5, 4 –12.
- 12.1 Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Safely and limits the manner in which you can seek relief from us.
- (a) Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Platform or to any aspect of your relationship with Safely, will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify, and (ii) you or Safely may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of these Terms or any prior version of these Terms.
- (b) Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent SafelyStay, Inc., c/o National Registered Agents, Inc., 160 Greentree Drive, Suite 101, Dover, DE, 19904. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Safely will pay them for you. In addition, Safely will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Cobb County, Georgia. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- (c) Authority of Arbitrator. The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Safely. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
- (d) Waiver of Jury Trial. YOU AND SAFELY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Safely are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 12.1(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- (e) Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, than then claim must be severed from the arbitration and brought into the State or Federal Courts located in Cobb County, Georgia. All other claims shall be arbitrated.
- (f) 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: SafelyStay, Inc., Attn: Legal Department, 75 5th NW, Suite 2220, Atlanta, GA 30309, firstname.lastname@example.org within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Safely username (if any), the email address you used to set up your Safely account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- (g) Severability. Except as provided in subsection 12.1(e), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- (h) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Safely.
- (i) Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Safely makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Safely at the following address: SafelyStay, Inc., Attn: Attn: Legal Department, 75 5th NW, Suite 2220, Atlanta, GA 30309, email@example.com .
- 12.2 International Users. The Platform can be accessed from countries around the world and may contain references to a Platform that is not available in your country. These references do not imply that Safely intends to announce such Platform in your country. The Platform is controlled and offered by Safely from its facilities in the United States of America. Safely makes no representations that the Platform is appropriate or available for use in other locations. Those who access or use the Platform from other countries do so at their own volition and are responsible for compliance with local law.
- 12.3 Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Safely agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Cobb County, Georgia.
- 12.4 Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
- 12.5 Export The Platform may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Safely, or any products utilizing such data, in violation of the United States export laws or regulations.
- 12.6 Electronic Communications. The communications between you and Safely use electronic means, whether you use the Platform or send us emails, or whether Safely posts notices on the Platform or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Safely in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Safely provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
- 12.7 Notice. Where Safely requires that you provide an e-mail address, you are responsible for providing Safely with your most current e-mail address. In the event that the last e-mail address you provided to Safely is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Safely’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Safely at the following address: SafelyStay, Inc., Attn: Attn: Legal Department, 75 5th St. NW, Suite 2220, Atlanta, GA 30309, firstname.lastname@example.org . Such notice shall be deemed given when received by Safely by letter delivered by nationally recognized overnight delivery Platform or first class postage prepaid mail at the above address.
- 12.8 Force Majeure. Safely shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- 12.9 Entire Agreement. These Terms constitute the entire agreement between you and us regarding the use of the Platform. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Safely is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Safely’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Safely may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
- 12.10 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services or the Platform, please contact us at email@example.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
- 12.11 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Platform of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
- 12.12 Copyright/Trademark Information. Copyright © 2020, Safely, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
- 12.13 Contact Information:
75 5th St. NW, Suite 2220
Atlanta, GA 30309
ANNEX A: VERIFICATION SERVICE PROTOCOLS
Notice to Furnishers of Information: Obligations of Furnishers Under the FCRA
Safely’s Business Model Includes the Use of Background Checks About You
By using the Platform or Services as a member of the Safely Community, you acknowledge and agree that Safely may review and use any Background Checks about yourself for the legitimate business purpose of reporting information about the background of a prospective Guest to a Host, or, in the case of Host Verification Services, information about the Host which will be provided to prospective Guests.
Background Checks are regulated by the Fair Credit Reporting Act (the “FCRA”), and the background reports resulting from these services are considered “consumer reports” under the FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports.
Before a Background Check may be conducted, the Host or Guest upon which the Background Check is made must read and agree to the Background Check Authorization & Disclosures (below). If you are a Host, you agree to conspicuously display the Background Check Authorization & Disclosures with your policies or terms. You further agree to require a Guest’s acceptance of the Background Check Authorization & Disclosures prior to obtaining the Guest’s personal information for the Background Check.
Safely will provide the background information to the Host or Guest in question. The person requesting the information agrees to advise Safely if it makes an adverse determination with respect to the person about whom information is provided. If Safely receives notice that an adverse determination has been made, Safely will notify the affected parties as required by applicable law or regulation. We will also provide the applicable Host or Guest subject to the Verification Services with the name and contact information of the consumer reporting agency that created the report. We will also provide you a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that Safely does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these Background Checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it and not Safely.
BY AGREEING TO THESE TERMS AND USING OUR PLATFORM AND SERVICES, YOU AGREE TO ALLOW SAFELY TO PERFORM THESE BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE SAFELY.
Guests Can Order or Authorize Background Checks and Can Authorize the Sharing of Results with Other members of the Safely Community, including Hosts and Aggregator Platforms
Safely offers Background Check services from consumer reporting agencies. The other Background Check services require payment of a separate fee by the Member or user who is initiating the background check request, or the fee is included in the price of an applicable insurance policy.
Each of these Background Check services are regulated by the Fair Credit Reporting Act (the “FCRA”), and the background reports resulting from these services are considered “consumer reports” under the FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports.
Safely will receive a copy of each Background Check you order or authorize through Safely. See below for information regarding Safely’s use of these Background Checks. If you order a Background Check about yourself, a copy of the results will be distributed to you.. You are responsible for making sure that the contact information you provide to Safely is correct, knowing that sensitive information will be sent to the email or address indicated.
If you order a preliminary Background Check in response to a request by a Safely user and the check comes back without record or with information that does not result in Safely turning down your request for a Reservation we will forward the check to the Safely user who requested it in accordance with your authorization at the time you ordered the check. The results of any Background Check you order that results in Safely not recommending you for a Reservation will not be shared with other users.
If a Safely user orders a background check pursuant to your written authorization, the consumer reporting agencies that performed the associated checks will provide them to Safely. Safely will share a summary of the results excluding specific details to the Safely user who ordered the background check. The summary of results of a background check ordered by a Safely user pursuant to your electronic authorization will be shared directly with the Safely user regardless of its contents.
If you have ordered a Background Check through Safely, we may indicate in your profile that you have completed the check and are recommended as Guest or Host. However, we will not share the results with any other site visitor or Registered User without your specific consent.
Special Responsibilities of Safely Users under FCRA
Safely users may request and receive a copy of a Background Check on a Safely user, subject to the Safely user’s explicit instructions about who may have access to such a report.
If you receive a copy of a background report, you warrant that you will use such information only for a purpose permitted by FCRA, such as an employment purpose, and that you will comply with any and all applicable obligations of the FCRA as well as all other applicable consumer reporting laws.
Your responsibilities in using the information contained the background check can be found at FCRA governs the use of reports obtained from a consumer reporting agency, such as the third-party consumer reporting agencies we use.
If there is negative data in a check you receive, and you choose to take “adverse action” (i.e. choose to pass on that individual’s candidacy) on the basis of this negative data, you must agree to take certain procedural steps, which can be found athttps://www.ftc.gov/os/statutes/fcrajump.shtm. These include notifying the individual who is the subject of the report of your decision to take adverse action based on information contained in the report and the subject’s right to contest the accuracy or completeness of the report. Moreover, if the subject contests the report with the consumer reporting agency, you are required to suspend the reservation process while the agency researches the accuracy and completeness of the report.
Safely May Regularly Verify Information About You
By registering as a member of the Safely community, you authorize Safely, and acknowledge that for purposes of promoting the safety and integrity of its Platform and Services, Safely reserves the right, but not the obligation, to utilize third-party service Members to verify on an ongoing basis that your data and information about you, such as complaints, arrests, sex offender status, etc. are also true (“Verification Checks”). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data.
You agree that Safely may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your membership, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for Safely.
You also hereby represent, understand and expressly agree that Safely does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes.
BY AGREEING TO THESE TERMS, YOU AGREE TO ALLOW SAFELY TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE SAFELY. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE VERIFICATION CHECKS TO BE PERFORMED.
IN ADDITION TO BACKGROUND CHECKS AND VERIFICATION CHECKS, SAFELY WILL MAINTAIN A DATABASE OF PERSONS WHO ARE REGISTERED IN THE SAFELY COMMUNITY AND THOSE WHO ARE NOT RECOMMENDED FOR COMMUNITY MEMBERSHIP.
You understand that Safely has no obligation to admit any person to its community of users as long as it acts in accordance with all applicable legal standards in establishing its community of users. In some cases, Safely will determine that an individual is not eligible to be a member of the Safely community. In those cases, Safely may notify other members of the Safely community that such individual is no longer a member of the Safely community. By accessing the Platform or the Services, you agree that Safely can notify third parties that you are not, or are not eligible, to be a member of the Safely community.
Release of Liability for Results of Background Checks and Verification Checks
If you decide to use or access information included in a Background Check, you hereby represent, understand and expressly agree that those checks are not always accurate or complete (or based on information that is accurate or complete) and that the specific records searched, and the comprehensiveness of the search, varies by the type of Background Check ordered as well as the state and county where the check is performed. For example, many jurisdictions only include felony conviction records (and not, for example, misdemeanor or arrest records) in the national criminal database, which is the only data source utilized for preliminary background checks other than the sexual offender registry. Moreover, some states include only registered sex offenders in that database.
If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to indemnify and hold harmless Safely from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. Safely does not assume and expressly disclaims, and you hereby agree to release Safely from, any loss, liability, damage, or costs that may result from the use of information provided in a background report including, without limitation, the inaccuracy or incompleteness of any such information.
You expressly acknowledge that Safely has no obligation to perform Background Checks or Verification Checks on any member of the Safely community. To the extent Safely performs such checks on certain members of the Safely community, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.
Background Check Authorization & Disclosures
BACKGROUND CHECK DISCLOSURE
Safely, Inc. (“Safely”), the entity that conducts guest verifications for vacation home rentals, is committed to safety. As part of that commitment, Safely may now, or at any time while you are a current guest or potential guest for a vacation home rental with Safely’s trusted partners, verify information within your reservation booking details by obtaining a consumer report and/or investigative consumer report (background check) from a consumer reporting agency (“CRA”).
As allowed by law, you understand and agree that Safely may obtain additional background checks without a new authorization from you for every vacation reservation booking with a Safely’s trusted partner.
ADDITIONAL BACKGROUND CHECK DISCLOSURES
CALIFORNIA: You have a right to view the file that a CRA has with your information, and order a copy of their file, upon submitting proper identification and paying actual copying costs, by visiting their offices, during normal business hours and on reasonable notice. You also have a right to submit a written request for a copy of your file to be provided to you by certified mail or for a telephonic file summary. The CRA will provide trained personnel to explain to you the information furnished and can answer questions about information in your file, including any coded information. If you come to its offices in person, another person can join you, so long as that person can show proper identification. Please contact Safely at firstname.lastname@example.org
for information on obtaining your report.
MINNESOTA: You have a right, upon written request to the CRA, to a complete and accurate disclosure of the nature and scope of any background check Safely ordered about you. The CRA must provide you with this disclosure within 5 business days after receipt of your request or from when the report was requested by Safely, whichever date is later. Please contact Safely at email@example.com
for information on obtaining your report.
NEW YORK: You have the right, upon written request, to be informed of whether Safely requested a background check about you. Please contact Safely at firstname.lastname@example.org
for information on obtaining your report.