Terms and Conditions
The Relationship between Guests and Hosts
- You understand the Services enable you to negotiate with, communicate with, and rent from a Host directly, as well as pay the Host directly, for the Accommodation(s) and other services purchased by you, whether for your own benefit or for the benefit of a minor who you are a parent or guardian of (a “Student”), from any such Host (each such engagement a "Transaction").
- You understand that any Transaction is a binding contract between you and a Host and that eHostFamily is not a party to any such contract and is not a party to any Transaction.
- You understand that Hosts are neither employees nor agents nor representatives of eHostFamily.
- You are solely responsible for every Transaction occurring under your account.
- You understand that eHostFamily is not responsible for and does not screen Guests, Hosts, or Students or visit all Accommodations. You further understand that eHostFamily does not verify the identity of Guests, Hosts, Students, or any other users and that eHostFamily does not review, endorse, recommend, verify, evaluate, warrant or guarantee the conditions or features of any Accommodations, or the claims or background of any Host, Guest, Student, or user.
- EHOSTFAMILY THEREFORE STRONGLY ADVISES YOU TO USE EXTREME CAUTION BEFORE SHARING PERSONALLY IDENTIFIABLE INFORMATION WITH OTHER USERS OF THE SITE AND SERVICES. EHOSTFAMILY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON OR SCREENINGS OF ALL ITS USERS OR OF THOSE RESIDING WITH USERS, NOR OF ANY ORIENTATION LEADERS, TUTORS, CLEANERS, LIAISONS, AND ANY OTHER SERVICE PROVIDERS (COLLECTIVELY, “SERVICE PROVIDERS”). EHOSTFAMILY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL ITS USERS OR SERVICE PROVIDERS, OR ATTEMPT TO VERIFY THE STATEMENTS OF USERS OR SERVICE PROVIDERS, BUT RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
- You understand that eHostFamily conducts background checks on persons registered with the Site and Services as a Host and that information obtained by eHostFamily about any Host should not be taken as complete, accurate, up-to-date or conclusive of the Host’s suitability as a host, nor that of their listed Accommodation(s), family, or any other person residing with them. Users are responsible for interviewing, performing any additional background checks on, and verifying information provided by other users, and ultimately selecting an appropriate Guest or Host for themselves, the Student, and/or their family, as applicable.
- You understand that it is your duty to confirm or verify any information provided by any other user and that you bear the sole risk of relying on any such information. Under no circumstances will eHostFamily be liable for any loss or damage caused by your reliance on any information, representation, or statement available on or through the Site and/or Services. You agree to take all necessary precautions in all interactions with other users.
- You are solely responsible for all Submissions from your account. “Submissions” means anything that a user transmits to the Site or Services or to another in the course of using the Site or Services. You shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of any statement or any other detail contained in the Submissions.
- You understand that you are not to directly provide any Host with any payment, credit card, or other payment information.
Terms for Hosts
Host Listings Must be Accurate and Host Must Have the Authority to Rent the Accommodations
- As a Host, you may create or add listings and you will be asked a variety of questions about the Accommodation you intend to list, including, but not limited to, the location, residents, features, services, amenities, availability of the Accommodation, and pricing. All Accommodation listings must be for a single occupancy bedroom within a lawful residential dwelling with a valid address (an “Accommodation”) in order to be featured in listings on the Site and Services. You shall not include in your Host profile and/or Accommodation listing any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status, or handicap of a Guest and/or Student. Upon your approval as a Host, your Accommodation listings will be made publicly available via the Site and Services and Guests will be able to book your Accommodation via the Site and Services based upon the information provided in your listing.
- You, and not eHostFamily, are solely responsible for determining the rental price of your listing, along with any additional costs (for example, the cost of providing meals) to be included or factored into such price (your “Host Fee”). eHostFamily’s fee for providing the Services to you is fifteen percent (15%) of your Host Fee (our “Fee”), which will be automatically deducted by eHostFamily. Therefore, when determining your Host Fee you should keep in mind that our Fee will be deducted from the Host Fee that you list. You understand and agree that once a Guest requests a booking of your listed Accommodation, the rental rate you have set for such booking request may not be altered. As a Host, you acknowledge and agree that you are solely responsible for any and all of your listings of Accommodations on the Site and Services.
- You represent and warrant that all and any listings you place on the Site and Services relate to available Accommodation(s) at an existing, habitable residential dwelling and that you have all necessary rights and permissions, or, if you are not the owner of such property, the express authorization from the owner to create listings related to the Accommodation, including but not limited to the real property it sits on, and offering it for rentals. By creating a Host account, you further represent and warrant that you are over the age of twenty-five (25) years old.
- As a Host, you represent and warrant that neither you nor any member of your household have ever been (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.
eHostFamily is NOT a Party to any Transactions Between Hosts and Guests
- In accordance with this Agreement, if, as a Host, you add an Accommodation as available for rental on our Site and Services, your use of the Site and Services is a means of enabling you to connect or be introduced to users who may become Guests and/or Students for the purposes of concluding a rental transaction with you. Our service to you as a Host shall include supporting and assisting you in listing, marketing, promoting, and advertising your Accommodation on our Site and Services. However, we cannot and do not in any way act as a contracting agent or representative for you as a Host, nor as a broker or insurer in each case, in relation to your rental transactions which you conclude with Guests via the Site and/or Services, but we can and shall act as your disclosed agent or intermediary in your name and on your behalf in relation to handling or managing payment collection processes involving advanced payment and cancellation transactions with Guests pursuant to this Agreement. Our service to you as a Host in relation to the provision of information and email or messaging services shall also include assisting you in communicating with Guests via the Site and/or Services, for example, in receiving, notifying and forwarding to you any booking requests or enquiries made through the Site and/or Services by a Guest and in receiving and handling cancellation requests from Guests.
- You acknowledge and agree that we do not act as a travel agent generally in relation to the provision of our Site and/or our Services or in respect of your actual rental transactions concluded with Guests as we are not a party to such actual rental transactions and we do not buy-in, re-sell or provide accommodation or other travel services in our own name as mentioned above. However if, as a matter of law or in the opinion of any tax or other authority in any jurisdiction eHostFamily is or could be considered a travel agent in respect of taking part in, or providing services consisting of the intermediation in, the provision of accommodation by Hosts to Guests and/or Students pursuant to a booking through our Site and/or Services, you acknowledge and accept that in those circumstances and for the purposes of this Agreement and rental transactions you have concluded with Guests, the service supplied by us in taking part in the provision of accommodation as a listing on our Site and/or Services and/or in facilitating or providing intermediation in the conclusion of such rental transactions, shall be supplied to you as Host, acting as your disclosed agent or intermediary in your name and on your behalf and not in any way in our own name, as we shall not and cannot be a Host.
- You agree that in the event you conclude a rental transaction with a Guest as a result of using our Site and/or Services, then, in consideration of providing our Services, including support, payment facilitation, and any other services as intermediary, as part of our Services as further described herein to you as a Host, eHostFamily shall deduct its Fee from the Host Fee charged to the Guest, and in respect of which we may issue or be required to issue to you as a Host a valid tax form. Our Fee shall therefore be payable by such Guest pursuant to the terms of this Agreement. You hereby acknowledge that the Fee is appropriate and fair consideration for the software comprising of the Site and Services.
Hosts are Responsible for Honoring the Confirmation Terms and Applicable Taxes
- To the extent applicable law requires you as a Host to be appointed a legal guardian of a Student, you agree to do so and to comply with the terms of such guardianship. eHostFamily has the right, but not the obligation, to request proof of compliance with any applicable guardianship laws from time to time. Such compliance is strictly the responsibility of the Host and legal guardian of the applicable Student. eHostFamily cannot and does not offer legal or other advice on guardianship matters to Hosts, Guests, or any other users of our Site and/or Services.
- Hosts who host Students must provide meals consisting of at least breakfast and dinner on weekdays and three meals a day on weekends and school holidays. Hosts hosting Students agree to provide healthy, well-balanced meals of appropriate proportions. Meals should take into account the Student’s dietary or religious meal requirements and adjust accordingly. When Students are not available at meal time, alternate arrangements should be arranged.
- Hosts are responsible for picking up any Guest or Student who the Host is hosting at the airport, train station, bus station, or other transportation center upon their arrival and returning them to the applicable transportation center upon their departure unless otherwise noted in the Host’s profile and/or Accommodation listing.
- As a Host, you are solely responsible for honoring any booking confirmation sent to a Guest and for supplying and making available and providing your listed Accommodation on the Site and Services to the Guest and/or Student on such terms, conditions, rules and restrictions as you have set and agreed with the Guest. As a Host, you acknowledge and agree that you are responsible for your own acts and omissions and for the acts and omissions of any individuals, other than the Guest(s) and/or Student(s), who reside at or are otherwise present at your home, and you agree to indemnify eHostFamily for the full amount of any claim made against us by the Guest, Student, or any third party as a result. Each Host is solely responsible for compliance with laws, rules and regulations, including any tax requirements and in respect of any conflict with or breach of rights of third parties.
- You are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. eHostFamily cannot and does not offer tax-related advice to any users of our Site and/or Services. You are responsible for determining and/or paying any local tax or similar indirect income or rental taxes and/or for factoring in or including such taxes into your Host Fee or satisfying such obligations relating to applicable taxes in adding a listing on our Site and/or Services.
- If your listed Accommodation is requested by a Guest via the Site and/or Services, you will be required to either confirm or reject the Guest’s request within forty-eight (48) hours of that request, after which the booking request shall automatically expire. If, as a Host, you confirm that your Accommodation is available and a Guest’s booking is subsequently accepted and confirmed by you through the Site and/or Services, you will receive such Guest’s relevant contact details from us and we will also forward your contact details to the Guest. Once such contact details have been provided, all communication including concerning details and information about the Transaction should be direct between the Host and Guest through our Site and/or Services where required/applicable.
- We shall hold all monies collected by us from Guests upon a booking confirmation, subject to a duty to transfer or account to you in respect of such monies (provided always that you have honored such booking), which we shall pay to you by bank check, in US dollars, less our Fee as described above. You acknowledge and agree that we shall be entitled to deduct and retain our Fee from such monies collected. If a Guest or Student’s stay exceeds one (1) month, eHostFamily shall pay the Host in monthly installments. A check for the monies due to the Host, or if applicable, for the first monthly installment of such monies, shall be sent to the Host two (2) days after the arrival of the applicable Guest and/or Student, provided that we have received no Claim (as hereinafter defined) that you did not honor or misrepresented any aspect of the Transaction or Accommodation. If you do not honor or misrepresent a Transaction or Accommodation, and we reserve the right to retain all or a portion of the applicable Host Fee collected in order to refund the Guest.
Terms for Guests
- Guests can offer to make a booking through the Site and/or Services by following the processes for making a booking request for a Host’s Accommodation. It is important that Guests check the information entered and correct any errors before making a booking request.
- You will be able to access details of your booking requests and confirmations through your account.
- If you request to book an Accommodation, you will be responsible and liable to pay the Host Fee and any other fees due for such booking if accepted by the Host subject, in each case, to this Agreement and any other terms and conditions specific to the booking as agreed between you and the Host. In order to secure collection of such payment, Guests will be asked during the booking process to provide payment card information. eHostFamily may also obtain a pre-authorization on your payment card for the total amount of your booking request to ensure that you have the necessary amount of funds available to cover the transaction. If your booking request is accepted by the Host for the dates set out in your request, the payment process will apply. If a booking request is refused, expires or is cancelled, any pre-authorization of your payment card will be released or as applicable, shall expire after a period of up to 30 days unless you contact us to request an earlier release.
- If you or your Student has a problem during your or your Student’s stay, please inform the Host immediately. Because an Accommodation booking is a contract directly between the Guest and the Host, the Host will have the sole discretion in deciding how to handle Guest and/or Student complaints. As a Guest, you will also be asked and entitled to leave a review about the Accommodation on the Site and Services. However, you will be solely responsible to resolve any dispute arising out of or related to your or a Student’s stay directly with the Host, regardless of whether a liaison or other Service Provider has visited the Accommodation and/or spoken to the Host, Guest, and/or Student regarding the issue. Under no circumstances shall eHostFamily have any obligations or liability regarding disputes between Hosts and Guests and/or Students other than as set forth in this Agreement. Any refunds beyond those provided in this Agreement will be at the Host’s discretion.
- As a Guest, you accept responsibility for your or your Student’s conduct during your or your Student’s stay at a Host’s Accommodation. eHostFamily shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation) that you may incur as a result of your or your Student’s stay being terminated early by the Host because of your or your Student’s behavior.
- If you or your Student cause physical damage beyond normal wear and tear to a Host’s Accommodation in which you or your Student are staying, regardless of whether such damage was intentionally or negligently caused, you agree to fully reimburse the Host concerned for the cost of the damage. You agree to indemnify eHostFamily for the full amount of any claim made against us by the Host or any third party as a result.
Fees and Payment
- You understand any and all fees, expenses, and payments for any Transaction shall be arranged directly between the Guest and the Host.
- You understand that eHostFamily does not collect, nor store payment and/or credit card information from you and that all payments are facilitated separately by Stripe, or any third party payment or service facility used by eHostFamily.
- You understand that any and all credit card, bank, or other payment information supplied by you to pay for any Transaction is transmitted directly to Stripe or any third party payment or service facility used by eHostFamily, which processes, stores, and otherwise uses such information in order to facilitate payment to a Host.
- You understand that all pricing, rates, and fees for any Transaction are set by the applicable Host and that eHostFamily does not set any such pricing, rates, or fees.
- You agree to ensure that all credit card and payment information supplied by you is accurate and correct and kept updated with Stripe or any third party payment or service facility used by eHostFamily at all times and that you are fully authorized to use such credit card and payment information and Stripe account (or account with any third party payment or service facility used by eHostFamily) for purposes of paying for any Transaction.
- You understand that once you make payment for any Transaction, you will not seek to cancel, charge back, or otherwise seek a refund on any basis that is fraudulent, misleading, or untrue.
- You understand that our Fee and payments for additional services provided by eHostFamily or a Host (including but not limited to progressive language development, monthly progressive report, application, and background check) are final and that eHostFamily offers no refunds for these payments.
Cancellations, Transfers, and Refunds
- eHostFamily reserves the right to cancel any booking at any time for security or fraud-protection purposes. This is generally due to our fraud-detection processes reporting a problem with the payment card submitted. In such cases the cancellation policy will not apply and you will receive no payment for the cancelled booking.
- Guests may cancel their booking at any time at least thirty (30) days before their arrival date and receive a refund of the Host Fee, minus the eHostFamily Fee, which is non-refundable.
- Only a Guest may submit a claim for a refund and/or a transfer to a different Host’s Accommodation. eHostFamily may provide a full or partial refund to a Guest or transfer the Guest and/or Student to a different Accommodation, in its sole discretion, provided that:
(a) the Guest has canceled the booking in their account profile and explained the reason for the dispute by sending us an email to email@example.com (a “Claim”);
(b) the Guest has provided evidence of their claim such as photographs or videos and provided such other information as requested by eHostFamily; and
(c) the Guest has made reasonable efforts to try to remedy the issue directly with their Host prior to making a Claim.
- Any Claims that the Host intentionally misrepresented the terms of the Transaction and/or the Accommodation or that the Accommodation otherwise did not conform to the material provisions of the Host’s Accommodation listing must be made within twenty-four (24) hours of the Guest or Student’s arrival at the Accommodation in order to be eligible for a refund or transfer.
- If eHostFamily decides to issue a refund to a Guest, you agree that such a refund may be made by an off-set or reduction of any monies owed by eHostFamily to you as a Host, in our sole discretion. eHostFamily reserves the right to remove your Accommodation listing and/or Host account after receiving a Claim.
- If, as a Host, you wish to make a Claim or provide details of extenuating circumstances, such as damage to a booked Accommodation from a cause outside your control or other circumstances that could put a Guest and/or Student in danger, including but not limited to acts of God (including, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods); war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo; rebellion, revolution, insurrection, or military or usurped power, or civil war; nuclear contamination or explosion; and acts or threats of terrorism (“Extenuating Circumstances”), you must notify eHostFamily promptly in writing and provide all relevant information and evidence such as photographs, videos, and/or copies of correspondence disputing the Claim or detailing the Extenuating Circumstances, provided you must have used reasonable and good faith efforts to try to remedy the issue with the Guest prior to making a Claim or claiming Extenuating Circumstances.
- All determinations of eHostFamily concerning these cancellation, transfer, and refund provisions, including without limitation the validity of any Claim, the validity of Extenuating Circumstances, and the amount to be refunded to the Guest and deducted from amounts owing to a Host, shall be made in eHostFamily’s sole discretion and shall be final and binding on the Guest and Host concerned, as between them and as between each of them and eHostFamily.
The Agreement between eHostFamily and You
You are responsible for reviewing changes to this Agreement
- This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the Services, the content, products or services provided by or through the Site and the Services, and the subject matter of this Agreement.
- This Agreement applies to all users of the Site and the Services, including Hosts and Guests.
- eHostFamily may make changes to this Agreement from time to time without specifically notifying you.
- eHostFamily will post the latest Agreement on the Site, but it is up to you to review it before using the Site or Services.
- If you continue to use the Site or Services after any of these changes, your continued use will mean that you have accepted any changes to the Agreement.
- In addition, some services offered through the Site and the Services may be subject to additional terms and conditions specified by eHostFamily from time to time and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
eHostFamily may edit or modify anything on the Site or Services without notice
eHostFamily is committed to delivering a positive user experience and you understand that eHostFamily reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or though the Site and the Services in its sole discretion, without notice and without undertaking any duty to do so.
You are responsible for accepting updated versions of the Site and Services
- If eHostFamily provides updated versions of the Site and the Services and you do not accept these updated versions, you may not enjoy the most recent content, feature sets, and materials.
- If you do not accept updated versions of the Site and Services, eHostFamily shall not bear any responsibility or liability for your decision.
What Laws and Rules You Are Responsible For Following
- By registering for an eHostFamily account, you represent and warrant that: (a) you are eligible for an account as set out in this Agreement; and (b) the information you include as part of the registration process and thereafter is accurate and not misleading. Guest accounts may be obtained and used only by persons who are at least eighteen (18) years old. Host accounts may be obtained and used only by persons who are at least twenty-five (25) years old. Such persons may act on behalf of their children or dependents who are at least 13 years old, if they are authorized accordingly. Any use of or access to the Site or the Services by anyone under 18 is unauthorized, as is any account registration by anyone under 18. Please note that you may view listed Accommodations on the Site and/or Services as an unregistered visitor, however, if you wish to book an Accommodation or create a listing, you must first register to create an account.
- The Site and the Services are not intended for use by children, especially those under age 13.
- You understand that you may not use the Site or the Services where such use is prohibited. You represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of this Agreement.
- You promise not to use the Site or the Services for any purpose that is prohibited by this Agreement.
- You are responsible for all of your activity in connection with the Site and the Services.
- You shall abide by all applicable local, state, national and international laws, rules and regulations, whether or not you are a Host or Guest, and including without limitation, those laws, rules and regulations applicable to the guardianship of minors, custody and caretaking of others, use or enjoyment of real property, and rental of accommodations to others.
- You understand that you are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account.
- You understand that you will be fully responsible for all activities that occur under your account, user name and/or password.
- You agree not allow someone who is not you to use your account, username or password of at any time.
- You agree to immediately notify eHostFamily of any unauthorized use of your password or your user name.
- We strongly encourage you to change your password at least once a month and you understand that eHostFamily will not be liable for any loss that you incur as a result of someone else using your account or your password.
It is your responsibility to make sure this Agreement and your use of the Site and Services complies with all laws applicable to you
- You understand eHostFamily may, in its sole discretion, refuse to offer the Site or the Services to any person or entity and change its eligibility criteria at any time and that eHostFamily reserves the right (without any undertaking any duty) to use “geo-filtering” or other technologies to block access to certain jurisdictions, in its sole discretion, without notice.
- You are solely responsible for ensuring that this Agreement complies with all laws, rules and regulations applicable to you.
- You understand that your right to access the Site or Services will be revoked where this Agreement or use of the Site or the Services is prohibited and, if that is the case, you agree not to use or access the Site or the Services in any way.
eHostFamily may terminate your use of the Site and/or Services without reason or notice to you
While eHostFamily respects its users, you agree that eHostFamily may terminate your membership or use of the Site and/or the Services and prohibit you from accessing the Site and/or the Services, for any reason, or no reason, and with or without notice.
You agree to comply with eHostFamily’s conduct policies when using the Site or Services
- We do our best to keep the Site and the Services safe and operational, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
(a) You will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Site or Services except as expressly authorized by eHostFamily;
(b) You will not take any action that imposes or may impose (as determined by eHostFamily in its sole discretion) an unreasonable or disproportionately large load on eHostFamily’s (or its third party providers') infrastructure;
(c) You will not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site or Services, except to the limited extent applicable laws specifically prohibit such restriction;
(d) You will not interfere or attempt to interfere with the proper working of the Site or Services or any activities conducted on the Site or Services;
(e) You will not bypass any measures eHostFamily may use to prevent or restrict access to the Site or Services (or other accounts, computer systems or networks connected to the Site or Services);
(f) You will not run any form of auto-responder or "spam" on the Site or Services;
(g)You will not use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site or Services;
(h) You will not harvest or scrape any content or materials from the Site or Services;
(i) You will not copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
(j) You will not threaten, intimidate or harass another user or any Guest, Host, Student, or Service Provider;
(k) You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birth date, home address, IP address, social security number, or credit card number) for commercial or unlawful purposes;
(l) You will not upload, post, transmit, share, store or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(m) You will not upload, post, transmit, share, store or otherwise make available any content (such as a picture on a profile page) other than those of a personal nature that: (i) are of you or your family, (ii) are taken by you or your family or friends, or (iii) are original content created by you or your family or friends;
(n) You will not knowingly transmit false or misleading information through the Site or the Services.
(o) You will not otherwise take any action in violation of eHostFamily’s guidelines and policies.
eHostFamily is not responsible for what happens outside of the Site and Services, including on websites the Site or Services link to or advertise
- eHostFamily or its business partners may present advertisements or promotional materials via the Site and/or Services.
- Your dealings with, or participation in promotions of any third-party advertisers via the Site and/or Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion.
- You agree that eHostFamily is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Site and/or Services.
- You understand the Site and/or the Services may contain (or you may receive from eHostFamily, third parties or users) links to other web sites (“Third Party Sites”) or content posted, owned or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, sound, recipes, video, information, software, applications and any other content (“Third Party Content”).
- You understand and agree that eHostFamily is not responsible for, and does not control, Third Party Sites and Third Party Content. You also understand and agree that eHostFamily is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Party Sites and Third Party Content.
- You acknowledge and agree that eHostFamily shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Site or Third Party Content.
- eHostFamily procures certain background check services on Hosts from consumer reporting agencies in eHostFamily's discretion (collectively "Background Checks"). Users may always obtain additional background checks on Guests, Hosts, Students, or on themselves (with consent and in accordance with applicable law) in their sole discretion. eHostFamily is not responsible for and shall not maintain records of any background checks obtained by a Guest, Host, Student, or any other user or third party.
- Background Checks are regulated by the Fair Credit Reporting Act (the "FCRA"), and the background reports resulting from the Background Checks are considered "consumer reports" under the FCRA. Consumer reports may contain information on a person's 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.
- eHostFamily will receive a copy of each Background Check authorized by a Host when creating a eHostFamily account. See below for information regarding eHostFamily's use of these Background Checks. If a Background Check reveals adverse information about you, you will be emailed a copy of the results and your Host profile and Accommodation listing will not be listed on the Site or Services. You are responsible for making sure that the email address you provide to eHostFamily is correct, knowing that sensitive information will be sent to it.
- If a Background Check does not disclose any disqualifying conditions or characteristics of a Host, in eHostFamily’s sole discretion, or otherwise cause eHostFamily to suspend or terminate a Host from using the Site and Services, your Host profile and Accommodation listing will be viewable by other users via the Site and Services.
- Guests may request and receive a copy of a Background Check on a Host via written authorization and agreement outside of this Agreement, subject to the Host's explicit instructions about who may have access to such a report.
eHostFamily May Order and Use Background Checks About You
- By using the Site and/or Services as a Host, you hereby acknowledge and agree that eHostFamily has the right, but not the obligation, to use a third party consumer reporting agency on an ongoing basis to use your personal information to run periodic background checks on you for the legitimate business purpose of protecting the safety and integrity of the Site, Services, and its users, including but not limited to Guests and Students ("Additional Background Checks"). eHostFamily may order these checks when you create an eHostFamily Host account and thereafter in connection with your continued use of the Site and/or Services (such as by contacting or communicating with other users, posting or updating a listing, ordering or authorizing a Background Check, etc.).
- These Additional Background Checks are also 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.
- You understand and agree that eHostFamily may review the information provided by the third party consumer reporting agency and that eHostFamily retains the right to terminate your eHostFamily account and use of the Site and Services based on the information it receives from these checks, even if such information was subsequently dismissed. If eHostFamily terminates your account or access to the Site and/or Services on the basis of information in a background report, it will notify you and provide you the name and contact information of the consumer reporting agency that created the report. eHostFamily 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 eHostFamily does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it (and not eHostFamily) within the time period specified in your notice.
- BY AGREEING TO THESE TERMS AND USING THE SITE AND/OR SERVICES, YOU AGREE TO ALLOW EHOSTFAMILY TO PERFORM THESE ADDITIONAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE THE EHOSTFAMILY SITE OR SERVICES. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE CHECKS TO BE PERFORMED.
eHostFamily May Regularly Verify Your Identity and the Accuracy of Your Representations and Warranties
- By creating an account as Host, you authorize eHostFamily, and acknowledge that for purposes of promoting the safety and integrity of its Site and Services, eHostFamily reserves the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your application data is accurate and that the representations and warranties set forth above addressing legal matters 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 eHostFamily 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 use of the Site and Services.
- You also hereby represent, understand and expressly agree that eHostFamily does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. eHostFamily does not typically communicate the results of a Verification Check to any third party, though eHostFamily reserves the right to do so for law enforcement or other safety-related purposes in its sole discretion.
- BY AGREEING TO THESE TERMS, YOU AGREE TO ALLOW EHOSTFAMILY TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE EHOSTFAMILY. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE VERIFICATION CHECKS TO BE PERFORMED.
You Release eHostFamily from Liability for the Results of Background Checks, Internal Background Checks, and Verification Checks
- You hereby represent, understand and expressly agree that Background Checks and Verification 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 or Verification Check ordered as well as the country and local jurisdiction where the check is performed. You further hereby represent, understand and expressly agree that any Background Checks and/or Verification Checks are not a guarantee of past, present, or future conduct, and that eHostFamily makes no representations whatsoever as to the conduct or character of any Host, Guest, or Student.
- If you decide to access, use, or share information provided by a Background Check or Verification Check, you agree to do so in accordance with applicable law. You also agree to indemnify and hold harmless eHostFamily from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. eHostFamily does not assume and expressly disclaims, and you hereby agree to release eHostFamily 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 eHostFamily has no obligation to perform Additional Background Checks or Verification Checks on any users. To the extent eHostFamily performs such checks on certain users, 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 or suitability to use the Site and Services.
Who Owns What and How You Can Use It
The copyright to all content the on the Site and Services is owned by the provider of that content, including but not limited to Hosts and Guests
- The content, organization, graphics, photographs, design, compilation, magnetic translation, digital conversion and other matters related to the Site and the Services (“Copyright Content”) are the property of eHostFamily or may be, to a certain extent, the property of its content suppliers, including but not limited to Hosts and Guests, and are protected under applicable copyrights, trademarks and other proprietary rights.
- You may not copy, redistribute, use or publish any part of the Site or the Services, except as allowed by this Agreement.
- You do not acquire ownership rights to any content, document or other materials viewed through the Site or the Services.
You may not use trademarks appearing on the Site or Services in an infringing manner
- You agree that EHOSTFAMILY, EHOSTFAMILY.COM and other eHostFamily graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of eHostFamily or its affiliates (“Trademark Content”).
- eHostFamily trademarks and trade dress may not be used in connection with any product or service that is not eHostFamily’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits eHostFamily.
- All other trademarks not owned by eHostFamily or its affiliates that may appear on this Site or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by eHostFamily or its affiliates.
You may use the eHostFamily Site and Services for limited, noncommercial purposes
- eHostFamily grants you a limited license to access and make personal use of the Site and the Services. The Site and Services are not to be used for commercial purposes by any business or agencies, including but not limited to housing placement agencies, recruiting agencies, or schools. Schools are encouraged to refer students and their families to book directly on the eHostFamily Site and Services, but may not use the Site or Services to solicit Hosts for their own use.
- eHostFamily does not grant you the right to download (other than page caching) or modify the Site and the Services, or any portion of the Site and the Services.
- You understand eHostFamily does not grant you the right to resell or make commercial use of the Site and the Services or their contents; make any derivative use of the Site and the Services or their contents; any downloading or copying of account information for the benefit of a third party, or merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
- You understand the Site and the Services or any portion of Site and the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
- You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of eHostFamily and our affiliates without express written consent.
- You may not use any meta tags or any other "hidden text" utilizing eHostFamily’s name or trademarks without the express written consent of eHostFamily. Any unauthorized use terminates the permission or license granted by eHostFamily.
- You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering, of the Services.
- You are granted a limited, revocable, and nonexclusive right to create a hyperlink, or at eHostFamily’s sole discretion other items such as widgets, buttons, or other web page elements, to the home page of eHostFamily so long as the link does not portray eHostFamily, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
- You may not use any eHostFamily logo or other proprietary graphic or trademark as part of the link without express written permission.
You have the necessary rights to share content and materials should you choose to
- You understand that by registering you will be invited to create a Host or Guest profile and/or Accommodation listing, and that you may further be invited to participate in online forums, promotions, surveys and other such items and that, accordingly, we may provide you with the opportunity, to create, submit, post, transmit or distribute content and materials to us via the Site and/or Services, such as text, drawings, icons, photos, videos, etc. (collectively, "User Content").
- You warrant that either: (a) your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in this Agreement; or (b) all parties whose materials are included in your User Content, or who contributed in any way, are depicted in, or have any rights to your User Content, have granted you permission to submit and license your User Content to eHostFamily as set forth herein, with full knowledge that eHostFamily may exploit it in any manner whatsoever. You make such warranties without eHostFamily incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
- You grant to eHostFamily the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, re-title, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.
- You further agree that eHostFamily is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site, Services, or eHostFamily, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content; and without remuneration of any kind.
- You further perpetually and irrevocably grant eHostFamily the unconditional right to use and exploit your name, persona and likeness included in any User Content.
- You also grant to eHostFamily the right to sub-license and authorize others to exercise any of the rights granted to eHostFamily.
- You authorize eHostFamily to publish your User Content in a searchable format that may be accessed by users of the Services and the Internet and you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
eHostFamily does not condone nor authorize activities on or through the Services that infringe copyright or intellectual property rights. We will delete any infringing User Content if properly notified that such User Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of the material that you claim is infringing and where it is located on the Site or Services;
- Identification of the URL or other specific location on the Site or Services where the material that you claim is infringing is located;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
eHostFamily reserves the right to terminate your account or any user account that it determines to be a “repeat infringer." A repeat infringer is a user who has repeatedly been notified of infringing activity and/or has had User Content repeatedly removed from the Site or Services.
eHostFamily’s liability is limited
- eHostFamily is not responsible for any Third Party Sites, Third Party Content, or any other content posted on the Site and the Services, whether caused by users of the Site and the Services, eHostFamily, third parties or by any of the equipment or programming associated with or utilized in the Site and the Services.
- eHostFamily is not responsible for the conduct, whether online or offline, of any user of the Site or the Services or any Host, Guest, Student, or Service Provider.
- eHostFamily assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
- eHostFamily is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Site or Services, including injury or damage to users or to any other person's computer, and/or mobile device.
- Neither eHostFamily nor any of its affiliates, advertisers, promoters or distribution partners shall be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Services, any content posted on the Site or the Services or transmitted to users, or any interactions between users of the Site or the Services and between users of the Site or the Services and Hosts, whether online or offline.
General Disclaimer and Limitation of Liability
WE TRY TO KEEP THE SITE AND SERVICES UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. THE INFORMATION FROM OR THROUGH THE SITE AND THE SERVICES IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE INFORMATION, SITE AND THE SERVICES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IN NO EVENT WILL EHOSTFAMILY OR ITS DIRECTORS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION, ANY ACCOMMODATIONS, OR THE SITE OR SERVICES. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SITE/SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
EHOSTFAMILY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES AND USE OF THE SITE, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $50. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SITE AND THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "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".
You agree to indemnify eHostFamily
You agree to indemnify, defend, and hold harmless eHostFamily, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys' fees, arising out of or in connection with: (1) your use of the Site and Services, (2) any User Content, Third Party Content, Third Party Sites and any other content, (3) any damage, loss, expense, claim or other cost suffered by any user or their family members, or to any Accommodation you might offer or book via the Site or Services, including but not limited to those incurred as a result of the actions of any Host, Guest, Student, Service Provider, or any other third party, (4) your violation of this Agreement, or of any law or the rights of any third party, and (5) your breach of this Agreement and/or any breach of your representations and warranties set forth herein.
You agree that New York law applies to this Agreement
Subject to the arbitration clauses included below, if there is any dispute arising out of the Site and the Services, by using the Site and/or Services, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in New York County, for the resolution of any such dispute
Your general representation and warranty
- You represent and warrant that you will use the Site and the Services so not to infringe or misappropriate the intellectual property rights of any third party.
- You and eHostFamily agree that any cause of action arising out of or related to the Site or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
- You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules.
- You agree any arbitration shall take place in New York, New York in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.
- If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.
- A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
- eHostFamily may assign its rights under this Agreement without condition.
- This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.