REDDOORS TECH, INC.
TERMS OF SERVICE
Effective as of: October 13, 2023
These Terms of Service, which are comprised of the General Terms of Service (the “General Terms”), Guest Terms of Service (the “Guest Terms”) and Host Terms of Service (the “Host Terms” and together with the General Terms and Guest Terms, and any appendices, schedules or exhibits, the “Terms”), govern your access to and use of the websites, mobile and desktop applications, products, services and other offerings (collectively, the “Services”) owned and operated by RedDoors Tech, Inc. (“RedDoors,” “we,” “our,” or “us”). The Services are a venue to allow persons and entities that own or manage real property (each, a “Host”) to offer for rent (at pricing options determined in the sole discretion of the Host), a specific short-term rental property (each, a “Property”) to traveling nurses and other healthcare professionals (each, a “Guest,” and collectively with the Hosts, the “Users”). For purposes of these Terms, “you” refers to the applicable User. If you are using the Services on behalf of a legal entity, you represent that you are properly authorized to do so.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS. AS OUTLINED BELOW, THESE TERMS CONTAIN A WAIVER OF JURY TRIAL AND CLASS ACTION WHICH (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED BY A JUDGE RATHER THAN BY A JURY.
All capitalized terms not otherwise defined in the section in which such term first appears shall have the meaning assigned thereto in Appendix I to these Terms.
GENERAL TERMS OF SERVICE
- APPLICATION OF THESE TERMS OF SERVICE; ADDITIONAL TERMS; MODIFICATION
1.1 Application of these Terms of Service. The Services are offered to you conditioned upon your acceptance of these Terms, which constitute a binding agreement between you and us with respect to your right to access and use the Services. By accessing or using the Services, you agree to be bound by these Terms as they appear on the Services, regardless of whether you complete a transaction with us or any other User of the Services, and you represent that you have read and understood its terms and conditions. Each use of the Services by you indicates and confirms your assent to be bound by these Terms. If you do not agree with these Terms, do not access or otherwise use the Services, any services available through this Services, or any information contained on this Services. We reserve the right to terminate your access to the Services and/or seek all legal remedies, including injunctive and monetary relief if you violate these Terms.
1.2 Supplemental and Additional Terms. In addition to these Terms, your use of certain Services may be governed by certain supplemental or additional terms.
1.3 Modification of the Terms. We reserve the right to modify, update, or otherwise amend these Terms at any time by posting the updated Terms on the Services. We are not obligated to provide you notice of such changes. You waive any right you may have to receive specific notice of any such changes to these Terms. By continuing to use the Services after we have updated the Terms, you are agreeing to the then-current Terms. You are responsible for regularly reviewing these Terms for any changes.
- COLLECTION AND USE OF YOUR INFORMATION; BACKGROUND SCREENING
2.2 Background Screenings. RedDoors reserves the right but is not obligated to perform a background screening on any User at any time. A User may be subject to verification, including, but not limited to, validation by a third party provider or against third party or public database, or the verification of documents that confirm User’s identity, address, or other contact information. Additionally, we may confirm your occupation and/or licensing or other qualifications, if you are using the Services as a Guest, or Property location and other information pertaining to the Property, if you are using the Services as a Host. You authorize RedDoors, directly or through such third party providers, to make any inquiries necessary to validate such information. Your use of the Services is predicated on our timely receipt of all requested information necessary to perform any background screening and our satisfaction with the results of any background screening. For the avoidance of doubt, RedDoors may, in its sole discretion, determine not to authorize you to use the Services or discontinue your access to the Services without a refund of any Fees (as defined in Section 5) paid in advance based on the results of any background screening. For the avoidance of doubt, RedDoors does not: (a) endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any User, Property, Property listing, or third party; (b) represent or warrant that verification, identity or background screenings conducted on any Property or User will identify past misconduct or prevent future misconduct. Any references to a User or Property listing being “verified” (or similar language) indicates only that such User or Property listing has completed a process of verification or identification and nothing else.
- LIMITED LICENSES
3.1 License to Use the Services. Subject to your compliance with these Terms and applicable law, and payment of any Fees, you are hereby granted a revocable, limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Services solely for purposes of (a) listing and advertising Properties (if you are accessing the Services as a Host), and/or (b) renting Properties (if you are accessing the Services as a Guest).
3.2 License to Use Content. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Services (“Content”), we hereby grant you a revocable, limited, nonexclusive, nontransferable, nonsublicensable license to access and display such Content (and, with respect to our applications, the right to download a single copy of such application onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Services as permitted by these Terms to list or rent a Property, as applicable.
3.3 Use Restrictions. In accepting the foregoing limited licenses, you agree not to use the Services for any other purpose, and you further agree that except as may be expressly permitted by applicable law or expressly authorized by these Terms, you will not: (a) copy the Services; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time; (f) use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services; (g) use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without RedDoors’ prior written consent; (h) frame, mirror, or otherwise incorporate the Services or any portion of the Services as part of any other mobile application, website, or service; or (i) use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services.
- ACCESS CREDENTIALS & USER ACCOUNTS
4.1 Access Credentials; User Accounts. To access the Services, you will be provided with or prompted to create an Account and Access Credentials for logging into your Account. You may also be asked to provide certain registration details or other information. It is a condition of your use of the Services that any and all information you provide on or through the Services is correct, current and complete, and that you have the authority to provide such information to us.
4.2 Access Credential Representations. With respect to any Access Credentials that you create, you represent and warrant that: (a) you will not select or utilize a username of another person with intent to impersonate that person; (b) you will not select or utilize a username in which another person has rights, if you do not have that person’s authorization to use such username; and (c) you will not select or utilize a username that RedDoors in its sole discretion deems offensive.
By using the Services, you agree to keep your Access Credentials confidential, and that you will not disclose your Access Credentials to any third party. You also acknowledge that your Account is personal to you and agree you will not provide any third party with access to the Services using your Access Credentials. You shall bear the entire risk for any use thereof, whether you have authorized such use and irrespective of whether you are negligent. If you permit a third party to use your computer or mobile device, Access Credentials or any other means under your control to access the Services, you will be held responsible for any actions or omissions they undertake, and we will not be liable for any damages resulting to you or any third party as a result.
You agree to notify RedDoors immediately upon becoming aware of any unauthorized access to or use of your Access Credentials or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
4.3 Right to Disable. RedDoors has the right to disable any username, password or other identifier comprising your Access Credentials, whether chosen by you or provided by RedDoors, at any time in its sole discretion for any or no reason, including if, in RedDoors’ opinion, you have violated any provision of these Terms or your Account or Access Credentials have been compromised.
4.4 User Systems. You are responsible for obtaining any hardware, equipment, devices or technology necessary for you to have access to the Services, including without limitation a mobile phone, computer or other electronic device or hardware and internet access.
4.5 Age Restrictions. We do not allow persons under the age of eighteen (18) to use the Services. By using the Services or by creating an Account, you represent and warrant that you are at least eighteen (18) years of age.
5.1 Fees. RedDoors reserves the right to charge any fees as set forth in the Services (“Fees”).
5.2 Changes to Fees. RedDoors reserves the right to change the Fees at any time in its sole discretion, however, we will provide you with reasonable notice of any material changes before they become effective and such changes will not impact any booking made prior to the date such changes become effective (all changes to the Fees will be applied on a going forward basis only). If you disagree with a change in the Fees, your only option is to discontinue your use of the Services.
5.3 Payments. All payments of Fees in connection with your use of the Services will be processed by our third party payment processor, currently Stripe, Inc. (“Stripe”), or such other payment processor identified in the Services. You acknowledge by using the Services that all payments made in connection with the Services are subject to the terms and conditions of such third party payment processor. The terms and conditions of our current third party payment processor, Stripe, can be located at: https://stripe.com/legal/ssa.
- REDDOORS NOT A PARTY TO ANY TRANSACTION
YOU ACKNOWLEDGE AND AGREE THAT ANY RENTAL TRANSACTION OR OTHER TRANSACTION MADE ON OR THROUGH THE SERVICES IS DIRECTLY BETWEEN USERS OR BETWEEN A USER AND A THIRD PARTY. REDDOORS IS NOT INVOLVED IN ANY TRANSACTIONS BETWEEN USERS OR BETWEEN A USER AND ANY THIRD PARTY AND IS NOT RESPONSIBLE FOR ANY DECISION MADE BY ANY USER IN CONNECTION WITH USE OF THE SERVICES. REDDOORS HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE SAFETY OF ANY TRANSACTION, PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SERVICES. YOU SHOULD TAKE REASONABLE PRECAUTIONS WHEN ENTERING INTO ANY TRANSACTION. RedDoors does not: (a) own or manage any Property listed on or rented through the Services; (b) enter into and is not a party to any lease or other agreement or transaction between Hosts and Guests; (c) insure, nor offer or provide insurance, in each case relating to any transaction conducted on or through the Services; and (d) serve as a judge or mediator for any dispute between a Host and a Guest.
7.1 Reviews. RedDoors may from time to time and in its sole discretion implement a review system to serve as a self-regulated system of checks and balances amongst Users. To protect the sanctity of the review system, Users are strictly prohibited from manipulating the reviews of other Users (irrespective of whether such review pertains to a particular Property or Host or a Guest). Users who post reviews that violate these Terms may have their Account terminated with no remediation and no refund of any amounts paid in connection with such User’s use of the Services. Users may report any review by contacting us using the contact information located in these Terms. RedDoors reserves the right to approve or decline a review, or parts of a review in its sole discretion, at any time.
7.2 Review Standards. By posting a review, you agree that: (a) You are: (i) a Guest, and the review you are posting pertains to a Property you rented using the Services, or (ii) a Host, and the review you are posting pertains to a Guest who booked a Property that was rented on or through the Services; (b) Your review is not be libelous, defamatory, harassing, threatening, or inflammatory, disrespectful, obscene, lewd, or contain sexual or otherwise explicit content, or contain obscenities or profanity and does not express hatred or intolerance for an individual on the basis of race, ethnicity, nationality, gender or gender identity, religion, sexual orientation, age, or disability, including by promoting organizations with such views; (c) Your review does not contain personal information of a third party, including but not limited to, an individual’s name (except in the limited circumstance where an individual’s name is contained within its user name or profile), phone number, email address, or physical address; (d) You are not, through your review, impersonating other individuals, entities or organizations; (e) Your review is not part of a series of repeated messages or requests to other Users; (f) Your review is not an attempt to drown out other User’s opinions, including by posting from multiple accounts or coordinating with others; (g) You are not engaging in name-calling or attacks on other Users; and (h) Your review does not contain content created for the purpose of advertising or other commercial content, which may include company logos, links, names or other marks. We have the right, in our sole discretion, to temporarily restrict or permanently disable the ability of any User to submit a review at any time. We further reserve the right to deactivate your Account without notice or a refund of any amounts paid in connection with your use of the Services if you are in violation of these Terms, including without limitation, these review representations.
- INTELLECTUAL PROPERTY RIGHTS
8.1 Ownership. The Services, including its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, and scripts), Content, information, and all other materials contained therein, including, without limitation, the RedDoors logo and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of RedDoors or our affiliates and licensors, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. If you breach these Terms of Service, the limited license granted hereunder will terminate automatically and you must immediately destroy any downloaded or printed Content and delete any copy of our applications from your devices.
8.2 Reservation of Rights. You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services or Content under these Terms, or any other rights thereto other than to use the Services in accordance with the licenses granted, and subject to all terms, conditions, and restrictions, under these Terms. RedDoors and its licensors and service providers (as applicable) reserve and shall retain their entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms. For the avoidance of doubt, RedDoors will retain exclusive ownership of (including all intellectual property rights contained therein) any ideas, concepts, know-how, techniques, expertise, tools, methods, or other materials used in connection with performing the Services: (a) that have been previously developed or are separately developed by RedDoors; (b) that represent an improvement, change, modification, or enhancement thereof; (c) that are authored, created, invented, developed, or reduced to practice by RedDoors in the course of performing the Services; or (d) that are of general application and not unique or specific to you. You agree to assign, and upon creation thereof automatically assigns, to RedDoors, its successors and assigns, ownership of all such rights in their entirety, without further consideration. From time to time upon RedDoors’ request and at RedDoors’ expense, you agree to confirm such assignments by execution and delivery of written documentation in the form provided by RedDoors. RedDoors reserves all rights to seek injunctive relief to protect its intellectual property rights and recovery of any costs required to do so.
9.1 RedDoors‘ Trademarks. RedDoors’ name, logo, trademarks, and any RedDoors product or service names, designs, logos, and slogans are the intellectual property of RedDoors or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “RedDoors” or any other name, trademark or product or service name of RedDoors or our affiliates or licensors without our prior written permission. In addition, the “look and feel” of the Services constitutes the service mark, trademark or trade dress of RedDoors and may not be copied, imitated or used, in whole or in part, without our prior written permission.
9.2 Third Party Trademarks. All other third-party trademarks, registered trademarks, and product names mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by RedDoors.
- FEEDBACK; USER CONTRIBUTIONS
10.1 Feedback. We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Services or in any such Feedback. You agree that RedDoors may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to RedDoors any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
10.2 User Contributions. The Services may include message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blogs, community areas and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display or transmit to other Users or other persons communications, files, data, reviews, content or other materials on or through the Services (collectively, “User Contributions”). You hereby grant us and our affiliates a perpetual, nonexclusive, world-wide, irrevocable, royalty-free, unrestricted right (with the right to sublicense) to use, reproduce, transmit, excerpt, modify, publish, market, publicly display, publicly perform, create derivative works of, adapt, translate, transmit, host, cache, tag, encode, or distribute (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, to any User Contribution you post or submit on or through the Interactive Services. In posting or submitting a User Contribution on or through the Interactive Services, you represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the foregoing license to RedDoors and RedDoors’ affiliates and service providers, and each of their respective licensees, successors and assigns. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not RedDoors, has full responsibility for such User Contributions, including with respect to its legality, reliability, accuracy and appropriateness. RedDoors is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted or submitted by you or any other User.
10.4 RedDoors’ Rights Regarding User Contributions. With respect to User Contributions, RedDoors maintains the right to: (a) remove or refuse to post any User Contributions for any or no reason, in its sole discretion; (b) add, change, discontinue, remove, edit or suspend such User Contributions at any time for any reason without notice to you, without your permission, and without liability; (c) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms or applicable law, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Services or the public or could create liability for RedDoors; (d) disclose your identity or other information about you to any third party who claims that a User Contribution by you violates their rights, including their intellectual property rights or their right to privacy; (e) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services, including the Interactive Services; (f) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms. Notwithstanding the foregoing, RedDoors cannot and does not undertake to review each User Contributions before it is posted on the Services and cannot ensure prompt removal of an objectionable User Contribution after it has been posted. Accordingly, RedDoors assumes no liability for any action or inaction regarding a User Contribution provided by any User or third party. RedDoors has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
10.5 Indemnification for User Contributions. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ANY SUCH PERSONS YOU COMMUNICATE OR INTERACT WITH IN CONNECTION WITH YOUR USE OF THE SERVICES. YOU REPRESENT THAT YOU HAVE THE NECESSARY RIGHTS AND CONSENTS IN AND RELATING TO YOUR USER CONTRIBUTIONS AND THAT YOUR USER CONTRIBUTIONS DO NOT AND WILL NOT INFRINGE, MISAPPROPRIATE OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS, OR ANY PRIVACY OR OTHER RIGHTS OF ANY THIRD PARTY OR VIOLATE ANY APPLICABLE LAW. YOU FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS REDDOORS AND ITS THIRD-PARTY PROVIDERS FOR ANY DAMAGES ARISING FROM OR RELATING TO YOUR USER CONTRIBUTIONS AND THE USER CONTRIBUTIONS OF ANY OTHER USER.
- THIRD-PARTY CONTENT
11.1 The Service may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials” and together with the Third-Party Websites and Third-Party Applications, the “Third-Party Content”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Service, you are subject to the terms and conditions (including privacy policies) of another website or destination.
11.2 Third-Party Content Disclaimers. REDDOORS PROVIDES LINKS TO SUCH THIRD-PARTY CONTENT ONLY AS A CONVENIENCE AND DOES NOT REVIEW, APPROVE, MONITOR, ENDORSE, WARRANT, GUARANTEE, MAKE ANY REPRESENTATIONS OR ASSUME RESPONSIBILITY WITH RESPECT TO ANY THIRD-PARTY CONTENT OR RELATED PRODUCTS OR SERVICES ASSOCIATED THEREWITH. YOU ACKNOWLEDGE AND AGREE THAT IF YOU CHOOSE TO ACCESS OR USE ANY THIRD-PARTY CONTENT, YOU DO SO AT YOUR OWN RISK. REDDOORS EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY CONTENT SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE SERVICES, AND YOU AGREE THAT REDDOORS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY DEALINGS BETWEEN YOU AND A THIRD PARTY, REGARDLESS OF WHETHER SUCH DEALINGS WERE FACILITATED OR PERFORMED IN CONNECTION WITH THE SERVICES.
- LINKING FEATURES
The Services may provide certain features that enable you to: (a) link Content to or from your own or certain Third-Party Websites (including social media); (b) send e-mails or other communications with certain content, or links to certain content, on the Services; or (c) cause limited portions of Content on the Services to be displayed or appear to be displayed on your own or certain Third-Party Websites. You may use such features provided that in doing so you are compliant with these Terms, the terms and conditions of any Third-Party Websites (as applicable) and applicable law and provided further that doing so does not cause damage to RedDoors’ reputation and good standing. Notwithstanding the foregoing, you may not suggest any form of association with RedDoors or imply the approval or endorsement of RedDoors without first obtaining our express written consent. We reserve the right to withdraw such permission without notice and disable any features or links at any time without notice in our sole discretion.
- MONITORING OF THE SERVICES
- RELIANCE ON INFORMATION
The information presented on or through the Services—including all data, statistics, and information—is made available solely for general information purposes. RedDoors does not warrant the accuracy, completeness, or usefulness of this information. RedDoors does not make any representations or warranties that any of the information published on or through the Services is accurate or up-to-date. Any reliance you place on such information is strictly at your own risk.
The Services includes content provided by third parties, including materials provided by other Users and third parties. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of RedDoors. RedDoors is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. REDDOORS DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER USER. ANY RELIANCE UPON ANY OPINION, ADVICE, STATEMENT, OR INFORMATION CONTAINED OR DISPLAYED IN THE SERVICES SHALL BE AT YOUR OWN RISK.
- UPDATES TO SERVICES
Reddoors may from time to time in its sole discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the Services. You agree that Reddoors has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Services.
- DISCLAIMER OF WARRANTIES
16.1 Services Provided As Is. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SERVICES, THE SERVICES, THE CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED FROM OR THROUGH THE SERVICES, INCLUDING FROM ANY THIRD-PARTY WEBSITES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ANY THIRD-PARTY PRODUCTS OR SERVICES PROVIDED BY WAY OF THE SERVICES ARE PROVIDED MERELY AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE HAVE NO LIABILITY FOR ERRORS OR OMISSIONS IN THE SERVICES, CONTENT OR USER CONTRIBUTIONS, WHETHER PROVIDED BY US, OUR LICENSORS OR SUPPLIERS OR OTHER USERS. FOR THE AVOIDANCE OF DOUBT, WE DO NOT WARRANT THAT THE SERVICES, INCLUDING ANY CONTENT, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. BY PROVIDING THE SERVICES, WE DO NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE SERVICES AT ANY TIME, IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU.
16.2 Content Disclaimer. THE CONTENT, MATERIALS AND OTHER INFORMATION POSTED TO OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICES, HAVE NOT BEEN VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY US, AND THEY MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE CONTENT, INFORMATION OR OTHER MATERIALS POSTED ON OR THROUGH THE SERVICES (INCLUDING WITHOUT LIMITATION ANY USER CONTRIBUTIONS) IN TERMS OF COMPLETENESS, SECURITY, QUALITY, CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, RESULTS OR OTHERWISE.
16.3 Transmissions Not Confidential. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THE SERVICES IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS, INCLUDING FEEDBACK AND USER CONTRIBUTIONS, MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING INFORMATION OR CONTENT TO REDDOORS OR ON OR THROUGH THE SERVICES, INCLUDING FEEDBACK, USER CONTRIBUTIONS, PROPERTY LISTINGS, AND REVIEWS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND REDDOORS OTHER THAN PURSUANT TO THESE TERMS.
16.4 Applicability. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
- LIMITATION ON LIABILITY
17.1 Limitation on Liability. IN NO EVENT WILL REDDOORS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS, THE SERVICES, THE CONTENT, YOUR INTERACTION WITH ANY OTHER USER OR THIRD PARTY CONTENT, YOUR INABILITY TO USE THE SERVICES, OR ANY THIRD PARTY LINKS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL REDDOORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE LESSER OF: (x) THE TOTAL AMOUNT YOU PAID AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO ANY CLAIM; (y) THE AMOUNT PAID TO YOU AS A HOST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO ANY CLAIM, OR (z) FIVE HUNDRED U.S. DOLLARS (US $500). REDDOORS IS IN NO WAY RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE TO YOU ARISING FROM YOU OR ANY OTHER USER’S USE OF THE SERVICES IN VIOLATION OR CONTRAVENTION OF THESE TERMS. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
17.2 Applicability. These limitations of liability and damages are fundamental elements of the agreement between you and RedDoors. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
To the maximum extent permitted by applicable law, you agree to release, defend (at RedDoors’ option), indemnify, and hold harmless RedDoors and its affiliates and their respective officers, directors, employees, agents, successors, and assigns (collectively, the “RedDoors Indemnitees”) from and against any and all losses, damages (actual and consequential), liabilities, deficiencies, claims, demands, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind, including without limitation reasonable attorneys’ fees and costs (“Losses”), arising out of, resulting from or relating to: (a) your breach of these Terms (including any applicable supplemental or additional terms and App Store Terms); (b) your improper use of the Services or Content; (c) your interaction(s) with any other User or third party, including with respect to any listing or booking of, or stay at, a Property, including without limitation personal injury, death, or property damage to real or personal property caused by the acts or omissions of a User, its affiliates or its or their agents (whether compensatory, direct, incidental, consequential or otherwise); (d) your failure to accurately report, collect or remit Taxes; or (e) your breach of any applicable laws, regulations, Booking Terms or third party rights, including without limitation intellectual property or privacy rights.
- GENERAL RELEASE
REDDOORS IS NOT INVOLVED IN ANY TRANSACTION BETWEEN USERS. IF A DISPUTE ARISES BETWEEN ANY USERS, EACH PARTY RELEASES REDDOORS (AND ITS AFFILIATES AND THEIR RESPECTIVE REPRESENTATIVES) FROM ANY AND ALL CLAIMS OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. EACH USER FURTHER RELEASES REDDOORS FOR AND FROM ANY AND ALL CLAIMS OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, ARISING FROM, RELATED TO, OR IN CONNECTION WITH: (a) USE OF THE SERVICES IN ANY MANNER THAT IS NOT IN COMPLIANCE WITH THESE TERMS (INCLUDING ANY APPLICABLE SUPPLEMENTAL OR ADDITIONAL TERMS) OR APPLICABLE LAW; (b) THE ACTIONS, INACTIONS, AND/OR OMISSIONS OF ANY OTHER USER OR THIRD PARTY; (c) THE PROMOTION OR ADVERTISING OF ANY PROPERTY LISTED ON THE SERVICES; (d) THE USE OF THE SERVICES TO OFFER FOR RENT OR TO FACILITATE THE RENT OF PROPERTY; OR (e) THE RENTAL OF ANY PROPERTY.
- INJUNCTIVE RELIEF
You acknowledge that RedDoors may suffer irreparable damages if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms. Notwithstanding the dispute resolution provisions of these Terms, for purposes of this provision, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state or federal courts located in the State of Florida. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court.
- WAIVER OF JURY TRIAL AND MANDATORY CLASS ACTION
BECAUSE DISPUTES ARISING IN CONNECTION WITH COMPLEX BUSINESS ARRANGEMENTS AND TECHNOLOGY PLATFORMS ARE MOST QUICKLY AND ECONOMICALLY RESOLVED BY AN EXPERIENCED EXPERT AND THE PARTIES WISH APPLICABLE STATE AND FEDERAL LAWS TO APPLY (RATHER THAN ARBITRATION RULES), THE PARTIES DESIRE THAT THEIR DISPUTES BE RESOLVED BY A JUDGE APPLYING SUCH APPLICABLE LAWS. THEREFORE, TO ACHIEVE THE BEST COMBINATION OF THE BENEFITS OF THE JUDICIAL SYSTEM AND OF ARBITRATION, EACH PARTY TO THIS AGREEMENT HEREBY WAIVES ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, SUIT, OR PROCEEDING BROUGHT TO RESOLVE ANY DISPUTE BETWEEN OR AMONG ANY OF THE PARTIES HERETO, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF, CONNECTED WITH, RELATED OR INCIDENTAL TO THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREBY AND/OR THE RELATIONSHIP ESTABLISHED AMONG THE PARTIES HEREUNDER. YOU UNDERSTAND AND AGREE THAT YOU WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY CLAIM AND ANY CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON.
- LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR RELATED IN ANY WAY TO THE SERVICES, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- TERM AND TERMINATION
23.1 Term. Unless earlier terminated in accordance with these Terms, these Terms shall remain in effect for so long as you use the Services.
23.2 RedDoors’ Right to Terminate/Suspend the Services. In addition to any other express termination or suspension right set forth elsewhere in these Terms, RedDoors may terminate your access to your Account and your ability to use the Services with or without cause and with or without notice, for any reason or no reason at all. In addition, your rights under these Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms.
23.3 User Right to Terminate. You may terminate your agreement with us at any time by deactivating your Account and discontinuing your use of the Services (including deleting any application and all copies thereof from your mobile device) or by emailing us.
23.4 Effect of Termination. Upon termination in accordance with this provision, all rights and licenses granted to you under these Terms and in connection with the Services will terminate and you must cease all use of the Services and delete all Content within your possession and any copies of any application comprising the Services. Notwithstanding anything herein to the contrary, RedDoors shall retain the right to pursue any rights or remedies at law or in equity.
24.1 Entire Agreement. These Terms (including any supplemental or additional terms, and any appendices, schedules or exhibits hereto or thereto, or App Store Terms) constitute the entire agreement between you and RedDoors with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services. In the event of any inconsistency between these Terms and any supplemental or additional terms, the terms and conditions of these Terms shall prevail unless otherwise stated.
24.2 Severability. If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
24.3 Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
24.4 Governing Law. These Terms are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in Tampa and Hillsborough. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
24.5 Attorneys’ Fees. In the event that any action, suit, or other legal or administrative proceeding is instituted or commenced by either party hereto against the other party arising out of these Terms, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party.
24.7 Headings. Provision and section headings are for convenience of reference only and shall not affect the interpretation of these Terms.
24.8 Force Majeure. RedDoors shall not be liable for any default or delay in the performance of any of its obligations under these Terms if and to the extent such default or delay is caused, directly or indirectly, by: (a) fire, flood, earthquake, pandemics, epidemics, elements of nature or acts of God; (b) wars (declared and undeclared), acts of terrorism, sabotage, riots, civil disorders, rebellions or revolutions; (c) extraordinary malfunction of third-party internet infrastructure, data centers or related systems; or (d) acts of any governmental authority with respect to any of the foregoing, and provided that such default or delay cannot reasonably be circumvented by the non-performing party through the use of commercially reasonable alternate sources, workaround plans or other commercially reasonable means.
24.9 No Third-Party Beneficiaries. These Terms are for the sole benefit of the parties hereto and their respective permitted successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms. For the avoidance of doubt, (a) the RedDoors Indemnitees are intended third party beneficiaries of Section 18; (b) a Host is an intended third party beneficiary of the Guest Terms and Section 10.3 of the General Terms; and (c) a Guest is an intended third party beneficiary of the Host Terms and Section 10.3 of the General Terms.
24.10 Export Regulation. The Services may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Services available outside the US.
24.11 Geographic Restrictions. Access to the Services and Content is intended only for Users located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with all applicable local laws.
24.12 App Store Terms. You acknowledge and agree that the availability of our mobile applications may be dependent on the third party from which you accessed the application’s license, e.g., the Apple or Android app stores (each, an “App Store”). You acknowledge and agree that these Terms are between you and us and not with the App Store and that we are responsible for the provision of Services as described in these Terms. App Store Terms of the respective App Stores which support the Services may be linked on the Services from time to time and are incorporated into these Terms by reference. You agree to comply with any such App Store Terms.
24.13 Electronic Signature. You agree your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide RedDoors, or in accessing or making any transaction regarding any agreement, acknowledgment, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as your “E-Signature”), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third-party verification is necessary to validate your E-Signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and RedDoors. You further agree that each use of your E-Signature in obtaining an Account with RedDoors your agreement to be bound by the Terms.
24.14 Electronic Communications. By creating an Account, you consent to receive electronic communications from RedDoors (e.g., via email, push notification, text messages, or other types of messages). These communications may include notices about your Account (e.g., transactional information) and are part of your relationship with us. We may also send you promotional communications via email we think will be of interest to you. You understand that you are not required to provide this consent as a condition of using the Service and you may opt out of these communications through the Service or through your mobile device’s operating system (with the possible exception of important service announcements and administrative messages) by following the unsubscribe instructions provided. You agree that all such electronic communications constitute valid legal notices satisfying any requirement that such notices be in writing.
24.16 Relationship of the Parties. The relationship between RedDoors and each User of the Services is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever, provided, however, that RedDoors or its service providers may serve as payment agent for any Host using the Services.
- QUESTIONS & COMMENTS
If you have any questions or comments regarding these Terms or the Services, please contact us at:
REDDOORS TECH, INC.
1621 Central Ave, Cheyenne, WY 82001
- COPYRIGHT COMPLAINTS
If you have a complaint pertaining to potential copyright infringement, please contact our Copyright Agent (using the contact information below) and deliver a notice providing the following information:
Identify the copyrighted work that you assert has been infringed, or – if multiple copyrighted works are implicated, provide a comprehensive list of the copyrighted works that you claim have been infringed.
Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Services (including the website or application) where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
REDDOORS TECH, INC.
1621 Central Ave, Cheyenne, WY 82001
GUEST TERMS OF SERVICE
- PROPERTY BOOKINGS
1.1 Property Booking; Booking Fees. These Guest Terms of Service govern your use of the Services to book a Property listed by a Host. Notwithstanding your use of the Services to book a Property, your booking of any Property is strictly between you and the Host who lists the Property on the Services; RedDoors is not a party to any rental agreement or other transaction between you and any Host. As a guest renting a Property, you are responsible for paying any and all Booking Fees and any applicable Taxes. The Host, in its sole discretion, determines the amount of any Booking Fees for a Property, provided that RedDoors reserves the right in its sole discretion to charge additional Fees (including without limitation cancellation Fees) from time to time as set forth in the Services.
1.2 Booking Terms. Upon booking a Property, you will receive a confirmation for the booking, which constitutes a contractual arrangement directly between you and the Host, not RedDoors. In addition to these Terms, you will be subject to, and responsible for complying with the Booking Terms applicable to such Property. It is your responsibility to read and understand the Booking Terms prior to booking a Property. RedDoors is in no way responsible for the Booking Terms established by a Host, nor are we responsible for any loss or damages you incur as a result of your failure to comply with the Booking Terms. Notwithstanding the foregoing, any Booking Terms established by a Host are subject to these Terms (including without limitation the limitations set forth in Section 2.2 of the Host Terms, below). You acknowledge that RedDoors reserves the right to supplement the Booking Terms from time to time in its sole discretion and that in such event you must agree to such supplemental terms in order to proceed with such booking. Your use of or stay at any Property confirms your acknowledgement and acceptance of the Booking Terms and any such supplemental terms thereof (if any).
1.3 Guest Standards; Reviews. As a Guest, you agree to maintain utmost respect for any Property you book (including any personal property located thereon) and the Host who provides such Property. You understand that all Hosts who list any Property may, at any time, post or submit a review of any Guest in accordance with these Terms and that such reviews are intended to provide appropriate checks and balances and encourage respectful exchanges between Guests and Hosts. Likewise, you may post a review of any Host you book a Property from and/or the Property that you book, in each case subject to the terms and conditions of these Terms. For the avoidance of doubt, all reviews by a Guest are subject to the User Contribution Policies.
1.4 Background Screenings. You acknowledge and agree that although RedDoors may perform certain identity verification or background screening procedures on Hosts and Properties, RedDoors does not have any responsibility or liability for the verification of a Host’s identity or background or the accuracy of any listing.
- LIMITED LICENSE TO ENTER AND OCCUPY; RIGHT OF REENTRY
As a Guest, you will receive a limited license from a Host permitting you (and your permitted guests or other permitted occupants) to access, enter, occupy, and use the Property in accordance with and subject to these Terms and the applicable Booking Terms. Subject to these Terms, the Booking Terms and applicable law, the Host granting such limited license retains the right to re-enter the Property at all times, strictly to the extent reasonably necessary and with advance notice to you to the extent reasonably practicable. You acknowledge and agree that RedDoors is not responsible or liable for any damages you incur as a result of a Host exercising its right of re-entry.
If you do not timely checkout of the Property in accordance with the Booking Terms, the Host may, to the extent permitted by applicable law, require you to leave the Property and/or charge you an overstay penalty, as set forth in the Booking Terms. RedDoors is not responsible for any action taken by a Host if you do not timely checkout, nor any damages you incur as a result thereof.
- CANCELLATIONS AND REFUNDS
If you or the Host cancels or modifies your booking (including for extenuating circumstances), any refund amount owed to you (if any) or rebooking opportunity is determined solely in accordance with the Booking Terms. REDDOORS IS IN NO WAY RESPONSIBLE OR LIABLE FOR ANY LOSSES INCURRED BY YOU DUE TO A BOOKING CANCELLATION, INCLUDING WITHOUT LIMITATION, THE PAYMENT OF ANY REFUND AMOUNTS OWED TO YOU. YOU ARE RESPONSIBLE FOR ANY BOOKING MODIFICATIONS YOU AGREE TO MAKE, INCLUDING PAYMENT OF ANY ADDITIONAL BOOKING FEES OR TAXES, AS APPLICABLE.
- GUEST RESPONSIBILITIES
With respect to any Property listing you book on or through the Services, you are responsible and liable for your own acts and omissions and the acts and omissions of any other guests or invitees you permit to access or stay on the Property, including but not limited to (a) leaving a Property in the condition it was in at the time of your arrival; (b) abiding by the Booking Terms and these Terms; (c) paying any amounts necessary to cover any Property Damages as required pursuant to Section 7 of these Guest Terms; and (d) complying with applicable laws and regulations at all times.
- ASSUMPTION OF RISK
YOU ACKNOWLEDGE THAT BOOKING A PROPERTY CARRIES INHERENT RISKS AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES OR CONTENT, INCLUDING YOUR STAY AT ANY PROPERTY AND ANY INTERACTION YOU HAVE WITH A HOST OR OTHER USERS OF THE SERVICE. IT IS YOUR OBLIGATION TO CONDUCT ANY DUE DILIGENCE WITH RESPECT TO A PROPERTY TO DETERMINE ITS SUITABILITY. BY CHOOSING TO BOOK A PROPERTY YOU FREELY AND WILFULLY ASSUME THE RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH THAT MAY BE ASSOCIATED THEREWITH.
- PROPERTY DAMAGES
If a Host provides us with valid evidence that you, your guests or other invitees, or your pets damaged the Property during your booking (including any personal property associated therewith), you may be held responsible for such damages, including any consequential damages (collectively, “Property Damages”). You will be notified of any claim filed by a Host regarding Property Damages and given an opportunity to respond. If you agree to pay, or if the Property Damages are reported to us by a Host pursuant to the Host Terms of Service below and we determine in our sole discretion that the Property Damages are valid and you are responsible for such Property Damages, you acknowledge and agree that RedDoors may collect the amount of such Property Damages from you using the payment method you provided to book the Property. You
further acknowledge and agree that RedDoors or the Host may recover from you under any insurance policies you maintain or applicable Damage Waiver obtained by the Host. Notwithstanding the foregoing, nothing in these Terms precludes RedDoors from pursuing any other remedies it may have available under applicable law, including referral of the Property Damages to a collections agency, and/or pursuit of available causes of action and/or claims against you at law or in equity. With respect to any purported Property Damages or other claims arising out of or related to your use of the Services, you agree to cooperate with us in good faith, provide any additional information we request, execute and deliver any necessary documentation, and take any further reasonable action necessary to resolve such claim accordingly.
HOST TERMS OF SERVICE
1.1 Property Listings. The Services are designed to allow you to list a Property owned or managed by you for rent to any Guest. You have discretion as to whether and when to list any Property, the Booking Fees you charge for a Property and the Booking Terms that govern any booking of your Property (subject to these Terms). Notwithstanding the foregoing, RedDoors reserves the right at any time in its sole discretion to suspend your access to the Services or take down a listing that does not comply with these Terms. You are solely responsible and liable for your own actions and omissions with respect to any Property you list and the actions and omissions of any Guest or other individual you allow to enter or occupy the Properties you list.
1.2 Host Content. You are solely responsible for creating and providing any content or information (including photographs or other media) to be displayed in connection with any Property you list (“Host Content”). With respect to the Host Content, you represent and warrant that any Property listing you publish on the Services will (a) contain accurate, up-to-date information at all times; (b) comply with applicable law; (c) not violate the privacy rights or intellectual property rights of any third party; and (d) comply with the User Contribution Policies. You agree to indemnify, defend, and hold harmless RedDoors from any cause of action arising from or related to the Host Content. RedDoors reserves the right, in its sole discretion, but is not obligated, to review and approve or refuse to publish any Host Content and to edit or remove the Host Content to cause the content to comply with the User Contribution Policies or formatting of the Services. You acknowledge that RedDoors is in no way responsible for verifying any Host Content you provide in connection with your listing and hereby disclaims any and all liability arising from your Host Content and your listing. RedDoors cannot guarantee the accuracy or quality of any Host Content that is translated to be displayed on the Services and you are solely responsible for reviewing and confirming the accuracy of such translation.
1.3 Use of RedDoors’ Marks. Host acknowledges and agrees that RedDoors reserves all rights in and Host may not use any RedDoors trademarks, names, logos, product and service names, designs, or slogans, including but not limited to “RedDoors” in its Host Content or marketing (including on any third party websites or platforms) except with the prior written consent of RedDoors. Host may not refer to RedDoors or any of its affiliates in any way that implies that Host or its Property listings are sponsored by, affiliated with, or endorsed by RedDoors or any of its affiliates. Notwithstanding the foregoing, Host may, subject to the User Contribution Policies, post URLs linking to its Property listings on social media platforms and websites and may feature the phrase, “Come see my RedDoors listing!” All other uses are prohibited without RedDoors’ prior written consent.
1.4 Search Results. RedDoors cannot and does not guarantee that your Property listings will appear in any particular order in search results on the Services or any third party website. RedDoors reserves the right to run diagnostic and other tests and to apply various search algorithms or other methods to optimize search results and the provision of the Services, all of which may alter search results.
2.1 Bookings. When you accept a request for a Property booking through the Services, you are entering into an agreement directly with the Guest renting such Property; RedDoors is not a party to any rental agreement or other transaction between you and any Guest. You are solely responsible for renting the Property at the price you specify in the Booking Fees and for providing any property management services. You agree to maintain the highest standards of quality of service, including with respect to your treatment of Guests, protection of Guests’ information, and provision of the Property. You further agree to provide and maintain a safe environment for Guests who rent your Property at all times. The foregoing requirements apply to the Guests you rent to and any other persons you allow to occupy your Property in connection with the Services.
2.3 Booking Fees. You are responsible for determining the amount of any Booking Fees, subject to the payment terms set forth in Section 4 hereof. RedDoors is not a party to any payment transaction between you and any Guest, even if we receive a commission in connection with any payment transaction.
2.4 Background Screenings. You acknowledge and agree that although RedDoors may perform certain identity verification or background screening procedures, you alone are responsible for confirming a Guest’s identity and running any specific type of background screening you require. RedDoors does not have any responsibility or liability for the verification of a Guest’s identity or background.
2.5 Reviews. You understand that all Guests who book a stay at any Property listed by you may, at any time thereafter, have the opportunity to post a review of such Property in accordance with these Terms and that such reviews are intended to provide appropriate checks and balances and encourage respectful exchanges between Guests and Hosts. Likewise, you may have the opportunity to post a review of any Guest who rents a Property you list, subject to the terms and conditions of these Terms.
- HOST OBLIGATIONS AND RESPONSIBILITIES
3.1 Insurance. By listing a Property on or through the Services, you agree that you have appropriate insurance coverage sufficient to cover the rental of the Properties and will provide copies of proof of coverage to RedDoors upon our request.
3.3 Messages. RedDoors does not tolerate spam or unsolicited commercial electronic communications or messages of any kind. You agree not to send any spam or unsolicited messages to any Guest, including without limitation for purposes of inquiring about a transaction with a Guest. You agree to indemnify RedDoors for any claim that may arise as a result of any spam or unsolicited messages you send in connection with the Services.
3.4 Compliance with Applicable Law. You agree you are compliant with and will continue, for so long as you use the Services, to comply with all applicable laws, rules, and regulations with respect to your use of the Services and any Property you list on or through the Services, including but not limited to those regarding Taxes, data privacy and security, permits and licensing, zoning, health and safety, and anti-discrimination and fair housing. You agree to indemnify RedDoors for your failure to comply with any such applicable law, rule or regulation.
- FEES AND PAYMENT TERMS
4.1 Host Service Fees. Your use of the Services is subject to the payment of a commission fee which is calculated as a percentage of the daily rate charged to a Guest per listing as of the date of booking (the “Host Service Fees”). Any applicable Host Service Fees for a Property listing will be added to the total Booking Fee charged to a Guest for such booking. By approving a booking, you confirm your acceptance of any applicable Host Service Fees.
4.2 Changes to Host Service Fees. RedDoors reserves the right to change the Host Service Fees at any time in its sole discretion upon reasonable notice to you before they become effective; provided, however, that any such change will not be applied retroactively and will be applicable on a going forward basis only. If you disagree with a change in the Fees, your only option is to discontinue your use of the Services.
4.3 Payments. All Booking Fees you charge a Guest in connection with any booking of your Property will be paid by the Guest (by way of our third party payment processor, currently Stripe) and will be remitted to you, less the amount of the Host Service Fees charged for your use of the Services. All payments are settled via Stripe and will be remitted to you within ten (10) business days of Stripe’s receipt of the Guest’s payment. Host may not request that any Guest send payment for any rental of a Property by any means other than as contemplated in these Terms; any attempt to do so will be considered a direct breach of these Terms. In such case, and upon any violation of these Terms, RedDoors may in its sole discretion immediately remove your listings from the Services without notice and without refund.
4.4 Refunds. All Host Service Fees paid to RedDoors are non-refundable, unless otherwise provided.
4.5 Taxes. All Fees and other amounts payable by Host in connection with these Terms (including Host Service Fees) are exclusive of and you are responsible for paying all applicable Taxes on any amounts payable by you hereunder, other than any Taxes imposed on RedDoors’ income. Additionally, as a host using the Services, you are responsible for both determining and fulfilling your obligations under applicable law or regulation to report, collect, remit, or include in your Booking Fees any applicable Taxes with respect to payments by a Guest to rent your Property. In the event we receive notice from the applicable taxing authorities that you have not paid such Taxes when due, RedDoors reserves the right to request or withhold additional amounts from you necessary to fulfill your obligations to pay any such Taxes (including by offsetting against the amount of any future payouts to you, as applicable). In such case, you authorize RedDoors as your agent to collect and remit Taxes on your behalf. Additionally, you agree to submit or provide any additional documentation required by your jurisdiction in connection with any obligation to pay Taxes associated with the booking of your Property. RedDoors may withhold any payments to you until such documentation is supplied or Taxes paid.
- CLAIMS FOR PROPERTY DAMAGES
Host acknowledges and agrees that Host may incur Property Damages as a result of renting a Property to a Guest. Host further acknowledges and agrees that RedDoors does not provide insurance and is not an insurance carrier. RedDoors may, but is not obligated, to introduce Host to third party providers (“Damage Waiver Providers”) whereby Host can purchase a property rental damage waiver (“Damage Waiver”) for a Property at the time of a booking for an opportunity to be reimbursed for damages caused by a Guest. If Host purchases a Damage Waiver, Host acknowledges and agrees that (a) any Damage Waiver purchased by Host is subject to the terms and conditions of such Damage Waiver Provider and Host agrees to comply with such terms; (b) the Damage Waiver Provider, in its sole discretion, determines whether to pay out on a Damage Waiver, not RedDoors; (c) the purchase of a Damage Waiver does not guarantee reimbursement by a Damage Waiver Provider for damages incurred by Host with respect to the Property covered by such Damage Waiver; (d) RedDoors is not responsible or liable for any decision by a Damage Waiver Provider to not reimburse Host for damages; and (e) RedDoors may introduce Host with a Damage Waiver Provider strictly as a courtesy to Hosts but such introduction is not an endorsement by RedDoors of any Damage Waiver Provider. By purchasing a Damage Waiver, Host agrees to indemnify RedDoors for any breach by Host of any applicable Damage Waiver Provider terms and conditions. In the event you do not purchase a Damage Waiver, you may file a claim for Property Damages with RedDoors as follows: (a) document the Property Damages with photographic and documentary evidence, such as repair or cleaning estimates, and (b) provide such photographic and documentary evidence to RedDoors along with a reasonably detailed description of the Property Damages within fourteen (14) business days of the responsible Guest’s checkout requesting reimbursement. RedDoors will assess your damage claim and provide you with a proposed resolution within thirty (30) days of receipt of such claim. Notwithstanding the foregoing, you acknowledge and understand that RedDoors is in no way liable or responsible for any Property Damages and has no obligation to reimburse you for any such damages.
- REPRESENTATIONS AND WARRANTIES
In addition to any other representations and warranties set forth in this Agreement, Host represents and warrants to RedDoors that: (a) Host has the full right, power and authority to enter into and perform its obligations and grant the rights, licenses, consents and authorizations it grants or is required to grant under these Terms; (b) these Terms constitute the legal, valid and binding obligation of Host, enforceable against Host in accordance with its terms; (c) Host has the necessary rights and consents in and relating to the Host Content so that, as received by RedDoors and processed in accordance with the Agreement, they do not and will not infringe, misappropriate or otherwise violate any intellectual property rights, or any privacy or other rights of any third party or violate any applicable law; and (d) Host will at all times comply with all applicable laws and the terms of the Agreement.
- ASSUMPTION OF RISK
HOST UNDERSTANDS, ACKNOWLEDGES, AND AGREES THAT REDDOORS IS NOT RESPONSIBLE OR LIABLE FOR THE ACTIONS OR INACTIONS OF A GUEST OR OTHER THIRD PARTIES IN RELATION TO THE PROPERTY LISTED BY HOST AND ANY OTHER SERVICES THAT HOST PROVIDES IN CONNECTION THEREWITH. HOST UNDERSTANDS, THEREFORE, THAT BY USING THE SERVICES, HOST WILL BE INTRODUCED TO THIRD PARTIES IN RELATION TO WHOM REDDOORS MAY NOT HAVE CONDUCTED ANY BACKGROUND OR REFERENCE CHECK, OR MAY NOT CONDUCTED A BACKGROUND OR REFERENCE CHECK TO HOST’S STANDARDS, AND THAT SUCH PARTIES MAY BE POTENTIALLY DANGEROUS. HOST USES THE SERVICES AT HOST’S OWN RISK.
In addition to the indemnification obligations set forth in Section 18 of the General Terms, to the maximum extent permitted by applicable law Host hereby agrees to indemnify, defend, and hold harmless the RedDoors Indemnitees from and against all Losses arising out of, resulting from or relating to: (a) bodily injury, death of any person, theft or damage to real or tangible, personal property resulting from Host’s or any Guests’ acts or omissions, including without limitation any damage to your Property caused by a Guest; (b) any claims by any Guest or other third party in connection with the Property or Host’s use of the Services; (c) Host’s breach of any representation, warranty, or obligation under these Terms; (d) any Property Damage you incur in connection with Host’s use of the Services and any Guests’ booking of your Property using the Services or any Damage Waiver Provider’s refusal to payout a Damage Waiver; (e) Host’s negligence, willful misconduct or violation of applicable law; and (f) any other matters arising out of or related to Host’s use of the Services.
“Access Credentials” means a username, password and/or other login or security credentials for accessing a User’s Account.
“Account” means User’s account and profile for purposes of using the Services.
“App Store Terms” means the terms and conditions of the App Stores which support the Services which are required by such App Store to be included in or supplement these Terms.
“Booking Fees” means the booking price for the Property listed on the Services and any and all other fees, charges and rents associated with such booking, as well as any applicable Taxes identified during the booking process, if any.
“Booking Terms” means any and all terms and conditions, rules, standards, policies, or other requirements established by the Host with respect to the booking of a Property, including without limitation, those regarding booking modification and cancellation, checkout timing, Booking Fees and refunds, occupancy limitations, pet policies, and any specific instructions or other material terms regarding the renting of a Property from a Host.
“Taxes” means any and all applicable taxes and assessments, including all sales, use and excise taxes, VAT or other indirect taxes, occupancy taxes, short-term rental, tourist, income, or other taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental or regulatory authority.