Last Revised on May 8, 2019
AGREEMENT AMONG WEBSITE USER AND APARTMENTJET, INC. AND PILLOW GLOBAL, INC.
Welcome to the Pillow or Apartment Jet website, as applicable, (the “Website”). This Website is provided solely to assist users in facilitating the advertisement, booking, and fulfilment of vacation and short-term rentals of units in multifamily properties (an “Accommodation”), and for no other purposes. The terms “we”, “us”, “our”, and “Company” refer to Apartment Jet, Inc., and Pillow Global, Inc., each a Delaware corporation. The term “you” refers to the user visiting the Website.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant and agree that:
- you are at least 18 years of age;
- you possess the legal authority to create a binding legal obligation;
- you will only use this Website in connection with the purpose for which it is provided as described above;
- you possess all necessary rights and authority to carry out any transactions related to your use of the Website;
- you will honor all your obligations related to any Accommodation rental facilitated through the Website;
- you will not violate the rights of others in connection with your use of the Website;
- you will obtain and maintain appropriate and sufficient insurance, and carry out reasonable traveler diligence, to protect properties, guests, and trips as applicable.
- all information supplied by you on this Website is true, accurate, current and complete;
- you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone; and
- you understand that We charge a fee payable by users who successfully rent an Accommodation to a traveler through the Website and you agree to pay such fee when applicable, primarily by allowing us to deduct the fee from the amounts otherwise owed to you for such rental.
We are committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Legal: Arbitration Claim Manager,” at Expedia, Inc., 333 108th Ave N.E. Bellevue, WA 98004. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this Agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.
LICENSE AND PROHIBITED ACTIVITIES
You agree not to do any of the following, (each of which are considered unauthorized uses of the Website):
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website;
- access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep—link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission;
- “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization;
- reverse engineer any part of the Website;
- engage in any activity that is suggests fraud, abuse or otherwise suspicious activity; or
- use or access the Website in any way that, in our sole discretion, adversely affects, or could adversely affect, the performance or function of the Website or any other system used by us or the Website.
DISTRIBUTION TO THIRD-PARTY MARKETPLACES, RESPECTIVE RULES AND RESTRICTIONS
If we advertise your Accommodations on third-party marketplace (“Platforms”), you agree to abide by the terms and conditions imposed by any such Platforms for advertisers of rental properties. These may include the following (as updated by such Platform from time to time) in addition to any other separate and applicable terms
In addition, because of additional costs incurred in advertising on these Platforms, you authorize us, in our sole discretion, to increase the rental rate for your Accommodation advertised on Platforms.
We do not offer any assurances of any kind with respect to, and disclaim any liabilities relating to, an Accommodation, any guest who rents an Accommodation or their actions, or the actions of any suppliers.
THE WEBSITE, INCLUDING ALL RELATED CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR ANY OF THE FOREGOING, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE RELATED SERVERS OR TRANSMISSSIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS WEBSITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER-CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
COMPANY IS NOT RESPONSIBLE FOR YOUR COMPLIANCE WITH ANY LAWS
If, despite the limitation above, we or our suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then our liability or the liability of our suppliers will in no event exceed, in the aggregate, the greater of (a) the fees that you paid to us in connection in the past 12 months, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
You agree to defend, indemnify and hold harmless us and our suppliers and any of our or their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your violation of any law or the rights of a third party; or
- your use of this Website or its related services.
Please be aware that by submitting content to this Website, including any photos, videos, questions, comments, suggestions, or ideas (collectively such content, “Content”), you grant us an exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised. You further grant us the right to pursue at law any person or entity that violates your or our rights in the Content. You acknowledge and agree that Content are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Content and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Content by us, or any of our partners or licensees. We take no responsibility and assume no liability for any Content posted or submitted by you. We have no obligation to post your Content
You are fully responsible for the substance of your Content. You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge we may exercise our rights (e.g. use, publish, edit, delete) to any content you submit without notice to you.
We claim no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites.
Our policies with respect to claims by third parties that the content of the Website, including the content of any Content, infringes the copyrights owned by said third party can be found below.
PROPRIETARY RIGHTS, COPYRIGHT AND TRADEMARK NOTICES
The content and information on this Website created by us as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers.
All contents of this Website are copyrighted by Companies. All rights reserved. You agree to abide by any and all copyright restrictions relating to the Website.
NOTICE OF INFRINGING MATERIAL
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.
- Your address, email address and telephone number.
- A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
- A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may send us your notice by email to email@example.com, by fax to (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints, or by using the contact information below.
You agree that you are responsible for, and will abide by, all laws rules and regulations applicable to your use of the Website and the rental of Accommodations facilitated through the Website. We assume no liability for legal or regulatory compliance relating to rental properties on the Website. Nevertheless, we may choose to comply with requests from governmental bodies relating to user’s activity on the Website when we determine that we have legal obligation to do so.
We may change, suspend or discontinue any aspect of the Website and its related services at any time. We may also impose limits on certain features or services or restrict your access to parts or the entire Website without notice or liability.
The types of products and services (including the features, terms and operation thereof) offered are subject to change without notice or approval.
You agree that no confidential, fiduciary, agency, joint venture, partnership, or employment relationship exists between you and us as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions or policies with us referenced herein) constitutes the entire agreement between you and us with respect to this Website, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You agree that your activities under this Agreement will be undertaken in full compliance with all U.S. export laws, and all other applicable regional and national trade regulations.
Notices may be sent to you at the email address or physical address that you have provided to the Website. All notices will be deemed given 24 hours after being sent or mailed, excepting any sent email which results in a notification that the email address is invalid.
Any rights not expressly granted herein are reserved.