TERMS OF USE

HomeExchange

Last updated: 03/03/2023

Previous version (01/09/2021):  https://www.homeexchange.com/p/global-terms-of-use

Welcome to HomeExchange.com! These Terms of Use (the “Terms”) govern the respective rights and obligations between HomeExchange.com Inc, a Californian corporation (“HomeExchange”), and you, and they constitute a legally binding contract (the “Contract”). This Contract governs your use of HomeExchange.com, and any affiliated website (collectively, the “Website”), your use of any HomeExchange app for mobile phones, tablets, and other smart devices (collectively, the “App”), and your use of any Services (as defined below). The Website, App, and Services are collectively defined as the “Platform”.

Please note that your use of the HomeExchange Platform is also governed by the other documents and policies incorporated in these Terms. In the event of any conflict between these Terms and other terms or policies, these current Terms will govern, unless expressly stated herein.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR RESPONSIBILITY (SECTIONS X AND XI) AND REQUIRE BOTH OF US TO RESOLVE ANY DISPUTES BETWEEN US THROUGH MANDATORY ARBITRATION, WITHOUT A JURY (SECTION XIII).

BY CONTINUING TO ACCESS OR USE THE PLATFORM AS A VISITOR OR MEMBER, YOU ARE SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS.

If you do not agree to these Terms, you do not have the right to access the Platform.

Some important points:

  • Members and Newcomers are only allowed to use the Platform if they are at least 18 years old and are able to enter into legally binding contracts. By accessing the Platform, Members and Newcomers represent and warrant that they are at least 18 years old and have the capacity to enter into legally binding contracts.
  • We operate in most, but not all, countries, so certain restrictions may apply to our ability to offer you the Platform and the ability to use it. You agree to comply with U.S. export control laws (as well as any applicable export control laws in the Member’s local jurisdiction). You represent and warrant that (i) you are not located in, nor a citizen of, any country or jurisdiction that is subject to government embargoes or sanction, or that has been designated as a terrorist-supporting country by the U.S. government, and that (ii) you are not, and have never been, included on a list of parties prohibited, sanctioned, or restricted by the U.S. government, including the Specially Designated Nationals And Blocked Persons List, maintained by the U.S. Department of the Treasury.
  • Your decision to host, exchange, and travel is yours and yours alone. Government agencies, such as the U.S. Department of State, may issue travel advisories on certain countries or regions of the world, regarding safety, crime, and other potential dangers that may pose a risk to vistors to the region. It is your responsibility, and not that of HomeExchange, to consult these resources before you travel.
  • We may update these Terms periodically, and such changes will be applicable to you if you continue to use the Platform at any time after such changes are published. If you do not agree to the updated Terms, you will not have the right to access or use the Platform. We will notify you of any changes to these Terms by email and by changing the “Last Updated” date at the top of the Terms. Review all changes and, if you do not agree to them, discontinue use of the Platform.
  • It is the sole responsibility of the Members or Newcomers to determine what laws, rules, and regulations apply to them and to ensure that they understand and comply with such rules when offering their Accommodation for an Exchange, including whether any licenses, permits, or other registrations are required before entering into an Exchange. HomeExchange does not provide legal advice to Members or Newcomers, so please seek independent legal advice if you have any questions about compliance.
  • Likewise, it is the sole responsibility of the Host Members to provide and communicate to Guest Members all necessary or desired information for the proper usage of the Accommodation and all of its devices, features, and fixtures (e.g., pools, lights, HVAC systems).



TABLE OF CONTENTS 



I. DEFINITION OF TERMS

“Deposit” signifies the security deposit, as further detailed in Section IV. HomeExchange Services, 4. Security Deposit Management.  

“Account” signifies the account that must be created to allow an individual to become a Member and access the Services offered by the Platform.

“Exchange” signifies an exchange of Accommodation between a Host Member and a Guest Member. Exchanges may be: (i) simultaneous with another Accommodation exchange between the same Guest Member and the same Host Member, whereby the Guest Member also lends his or her Accommodation to the Host Member; (ii) a non-simultaneous reciprocal Accommodation Exchange between the two Members; or (iii) an Exchange using GuestPoints, independent of any other Accommodation Exchange (a unilateral exchange).

“GuestPoints” (also referred to throughout the Platform as “GP”) signifies the points accumulated by Members, of which the operation is described in more detail in Section IV. HomeExchange Services, 1.2. GuestPoints.

“Listing” signifies any Accommodation listed on the Platform by a Member or Newcomer, including User Content used to describe the Listing. Each listing has a unique identification number on the Platform.

“Newcomer” signifies each person who subscribes to the Platform and, by doing so, agrees to these Terms.

“Host Member” signifies a Member who offers their Accommodation as part of an Exchange.

“Guest Member” signifies a Member who enters into an Exchange with a Host Member.

“Member” signifies a Newcomer who has purchased an annual membership to the HomeExchange Service and has unlimited access to Exchanges over the course of the 12-month membership period or during the valid dates of their HomeExchange Gift Card, subject to the Member’s available GuestPoints. 

“Collection Member” signifies a member who has joined the HomeExchange Collection service on an annual basis and has unlimited access to Exchanges during the 12-month membership period.

“Verified Member” signifies a Member whose Accommodation address and identity (first and last name) have been confirmed by HomeExchange through its verification service.

“Accommodation” signifies any permanent residential real estate (excluding, inter alia, campers, boats, mobile homes, and other non-permanent structures), that a Member has the legal and/or contractual right to offer via the Platform.

“Collection Accommodation” signifies a single property carefully selected by HomeExchange based on a list of predefined criteria.

"HomeExchange Service" signifies the Services provided by HomeExchange to Members as described in Section IV. 

"Warranties" signifies compensation for Covered Damages by HomeExchange under the terms and conditions herein.

“Verification” signifies the Service offered by HomeExchange of (i) verifying the Members’ and Newcomers’ identities with copies of forms of identification, and (ii) verifying Member’s and Newcomers’ listings with copies of proof of Accommodation.

"We", "our", and "us" refer to HomeExchange.

"I", "you", "your" means you (a Member or Newcomer who uses the Platform in any way, be it by accessing the Websites, the App, or the Services).



II. GENERAL USE OF THE PLATFORM

Your use of the Platform is conditional on your compliance with these Terms.

When using the Platform, you agree to:

  • Not provide false or misleading information when creating an Account or to any Guest, Member, or HomeExchange, and to not create multiple accounts or false accounts.
  • Not post on the Platform, or transmit to others, any material or communication that is defamatory, inaccurate, abusive, obscene, rude, offensive, sexual in nature, threatening, harassing, racist, or illegal, or any material that infringes or violates the rights of any other party (including, but not limited to, intellectual property rights and privacy and publicity rights).
  • Not use the Platform to violate any applicable law, act in a manner that discriminates against another Member, Newcomer, or third party, engage in or participate in fraudulent transactions, or publish or send any content or engage in any conduct that exposes a Guest, Member or us to any threat of civil or criminal penalties.
  • Not upload or transfer files that contain viruses, corrupted files, Trojan horses, malicious code, or any other similar software or programs that may damage the operation of or gain unauthorized access to another person’s computer.
  • Not accept any payment from a third party in exchange for carrying out a commercial activity on the Platform in violation of the present Terms without the express authorization of HomeExchange.
  • Not interfere with another Member's or Newcomer’s Account, circumvent measures designed to prevent or restrict access to the Platform, or use spiders or other bots, or "scrapers," to collect content from the Platform, Members or Newcomers.
  • Not collect or otherwise obtain or use information about other people, including email addresses, without their consent.
  • Not offer any properties, including Accommodation, for rent.
  • Not exchange an Accommodation outside the Platform when that Accommodation is listed on the Platform.
  • Comply with the other rules and prohibitions set forth in these Terms.

You also agree that:

  • You assume full responsibility for your use of all information on the Platform.
  • You have the authority to enter into this Agreement, publish your listing, and offer your Accommodation for Exchange.
  • You are solely responsible for your communications and relationships with other Members or Newcomers.
  • HomeExchange has the right, but not the obligation, to monitor use of or access to the Platform in order to ensure the overall safety of Members or Newcomers and/or the Platform, or to ensure compliance with these Terms or with any applicable law, rule, regulation or order of any legal authority. Members and Newcomers agree to cooperate with and assist HomeExchange in good faith by providing any related information and taking any other action reasonably requested by HomeExchange regarding any investigation by HomeExchange or any legal authority regarding misuse of the Platform.
  • If you believe in good faith that a Member or Newcomer is violating these Terms or has acted inappropriately or illegally, you must immediately report that Member to HomeExchange and, if appropriate, to the relevant legal authorities. However, no report made to HomeExchange and/or the legal authorities shall obligate HomeExchange to respond in any particular way, except as required by law.

Any web address or URL must be approved by HomeExchange. Email addresses and other contact information may only be found in approved locations in the Listing. All other references to specific web addresses, websites, email addresses, or phone numbers may be removed without notice.

Please note that the accuracy of the translations provided by HomeExchange cannot be guaranteed and that Members are responsible for checking the provided translations for their listings.

III. MEMBERSHIP RULES

You may not allow others to use your Account and you may not use your Account for the benefit of others (for example, by using your Account to register an Exchange for a friend or other third party outside of your household). Except as expressly provided herein, you may not give or transfer your Account to any other person or entity.

1. CREATION OF AN ACCOUNT

In order to register on the Platform, you must first create an Account by providing the requested personal information (including, but not limited to, first and last name, date of birth, phone number and email address). You may only create one Account for your household, and you may choose to treat adult members of your household as authorized users of your Account.

Members and Newcomers must keep their Account information up to date at all times. HomeExchange will not be held responsible for any erroneous or fraudulent information provided by Members or Newcomers. At the time of registration, you must: (i) be 18 years old at the time of registration of your account; (ii) have the legal or contractual right to offer the Accommodation via the Platform and continue to have this right during your use of the Platform; and (iii) have the capacity to enter into an Exchange. In addition, a Member's Account is for the exclusive and personal use of that Member, and no Account may be created for business or commercial purposes.

HomeExchange reserves the right to refuse (without justification, recourse, or compensation) the registration of an Account of any Member or Newcomer for any reason, at any time, at its sole and absolute discretion.

Upon registration, Newcomers provide an email for authentication and password, which may only be changed at the Newcomer’s request. Each Member or Newcomer is solely responsible for their login email and password and agrees to keep them confidential and not to disclose them to anyone else in any form for any reason. Each Member or Newcomer is solely responsible for any use of their username or password by a third party and for any action or statement made by a third party through their Account, whether fraudulent or not, and releases HomeExchange from any liability for any claim relating thereto. In addition, HomeExchange declines any responsibility in case of identity theft of a Member or Newcomer. If a Member or Newcomer has reason to believe that a third party is fraudulently using their identity or using their Account in an unauthorized manner, the Member or Newcomer must immediately notify HomeExchange. In the event of loss or theft of a Member's username or password, the Member must immediately change their username and/or password, and the Member or Newcomer shall be solely responsible for any damages related to such loss or theft.

You agree to create and/or use only one Account. Any exceptions to this rule require prior written approval from HomeExchange. Any Account created in violation of the foregoing will be subject to immediate suspension and/or termination.

Members or Newcomers are not and shall not be considered employees, agents, joint ventures, or partners of HomeExchange for any purpose, and all Members or Newcomers are acting solely for their own account and benefit and not for those of HomeExchange. HomeExchange does not control or direct Members or Newcomers in any way, and each Member or Newcomer acknowledges and agrees that they post an Ad or participate in an Exchange at their sole discretion.

If you register your Account using a third-party social network service, you can disable the connection between your social network account and HomeExchange by accessing your Account settings.

2. ACCOUNT VERIFICATION

When an Account is created by a Newcomer, the HomeExchange team will proceed to the verification process of the name, address, telephone number, and email address of this Newcomer. 

To this end, when creating an Account, each Newcomer must provide proof of address and a form of identification. HomeExchange reserves the right, in its sole discretion, to accept or reject supporting documentation provided for verification. 

The verification of a Newcomer’s phone number and email address is performed by an automated service. Any particular email address or phone number that has been verified will be designated as such in the relevant Newcomer’s profile.

Once a Member's address, first and last name, telephone number, and email address have been verified, that Member is deemed a "Verified Member" on their profile.

The mere fact that a Member or Newcomer, or their email address and phone number, has been verified does not guarantee the accuracy or authenticity of any content and listings provided by that Member or Newcomer. 

HomeExchange does not provide any guarantees or assurances regarding Verified Members or their listings.

3. ANTI-DISCRIMINATION POLICY

HomeExchange is a community dedicated to hospitality and warm welcomes from Members around the world. We are working to build the future of travel by promoting home exchange as an authentic and human way to travel.

Above all, HomeExchange is a human adventure. Of people who see home exchange as the best way to travel, discover the world, and explore its wonders. Of people who are open to discovering other travelers and different points of view. Of people who are always welcoming new people, new cultures, new ways of seeing the world and opening themselves up to it.

Discrimination has no place on our Platform. HomeExchange is committed to promoting diversity and inclusion at the heart of our community, based on trust and respect.

As a company, we are committed to making travel accessible to everyone, and to making our Platform a safe and welcoming place for all. To this end, we do not allow any unlawful discrimination or hate speech between Members or Newcomers.

The HomeExchange community has Host Members and Guest Members in over 130 countries, with a wide range of religions, languages, beliefs, cultures, values, and norms. It is the responsibility of all of us to ensure that Members and Newcomers can find their place within the HomeExchange community. By joining HomeExchange, Members and Newcomers agree to welcome guests from all backgrounds, regardless of ethnicity, color, religion, national origin, language, sexual orientation, gender identity, marital status, or disability. Members agree to make every effort to be welcoming, accommodating, and inclusive to everyone on our Platform.

HomeExchange reserves the right to suspend or terminate the membership of any Member who engages in conduct that is discriminatory, illegal, or non-compliant with the core values of HomeExchange.

Some jurisdictions may have additional legal requirements that extend or limit civil rights protections. Compliance with HomeExchange's anti-discrimination policy is mandatory and we ask that Members and Newcomers contact our support team with any questions or concerns.

4. LISTINGS

Host Members must keep their Listings current and accurate at all times, including:

  • Any User Content included in the Listing;
  • Description, location, and availability dates;
  • Deficiencies and restrictions (including rules applicable to Guest Members); and
  • Any other information requested by HomeExchange.

An Accommodation may only appear on the Account of a single Member or Newcomer, even if several people have a right to that Accommodation. Listings may not contain hyperlinks.

No specific terms and conditions appearing in a Member's or Newcomer’s Listing may contradict these Terms.

HomeExchange reserves the right to require that certain minimal information be included in every Listing and that information be presented in a particular format within the Listing.

The position of Listings in HomeExchange search results may vary and depend on a variety of factors related to the details of the Listing and the particular search of the Guest Member. HomeExchange makes no guarantees as to the particular position of a Member's or Newcomer's Listing in the search results.

All Members and Newcomers represent and warrant that the posting of a Listing and any acceptance of an Exchange for a Host Member's Accommodation will not violate any agreements that such Member or Newcomer has with any condominium association, homeowners association, cooperative agreements, or other such agreements, and (i) complies with all laws, including zoning laws, tax requirements, or licensing or permit requirements, or any other laws, rules, or regulations applicable to the Accommodation or Listing. All Host Members are responsible for their own acts or omissions of anyone present in the Accommodation, besides the Guest Member and their guests.

All Host Members are responsible for informing Guest Members about the presence of security devices (alarm, video surveillance...). HomeExchange prohibits the use of surveillance cameras or recording devices in private parts of the Accommodation.

5. CLOSING AN ACCOUNT

5.1. Closing of an Account by HomeExchange

If a Member or Newcomer acts in violation of these Terms or any other rules issued by HomeExchange, or behaves in a manner contrary to our rules of good conduct, values, or ethics, or violates any law, rule, regulation, or other legal order issued by a court of competent jurisdiction, HomeExchange reserves the right, without justification and without compensation, to:

  • limit the Member's or Newcomer’s access to the Platform;
  • delete any User Content hosted on the Platform; or
  • close the Account.

HomeExchange may close the Member's or Newcomer’s Account without warning or formal notice. By closing an account for violation of these Terms, HomeExchange does not waive its right to any damages it may otherwise claim in connection with such violation.

Closure of a Member's Account as a result of a breach of these Terms shall result in termination of the Member's current membership, if any, without the right to any refund, even in part.

HomeExchange reserves the right to disconnect, terminate, delete, or empty your Account, all associated Listings and all related information from the Platform and our servers if you have not logged in to the Platform for a period of time, as determined by us, at our sole discretion.

5.2. Closing of an Account at the request of a Member or Newcomer

Members or Newcomers of the Platform can terminate their registration on the Platform at any time and for any reason by requesting the closure of their Account with HomeExchange, without any fees other than those related to the processing of their request. To cancel an Account, a Member or Newcomer must send an email to: contact@homeexchange.com or fill in the form that you can find here.  

Members may cancel their Account for any reason within fourteen (14) days of the start of their membership, provided that no Exchange has been scheduled for that Member. In the case of a 3-part payment by credit card, the Member has fourteen (14) calendar days from their first payment.

This cancelation will take effect one business day after HomeExchange receives the request to close the Account and all future Exchanges will be canceled; however, if an Exchange is in progress on the date of the request, the Account will not be closed until the Exchange and all related transactions are completed. HomeExchange will confirm the cancelation by sending an email to the former Member’s email address.

A Member's request to close an Account will not result in any refund, even in part, of amounts paid pertaining to that Account.

Upon closure of a Member's Account for any reason, all GuestPoints accumulated by that Member will be forfeited.

In the event of the closure of a Member's Account and/or any other termination of these Terms, the provisions of these Terms that should reasonably survive the closure shall remain in effect.



IV. HOMEEXCHANGE SERVICES

Members must pay for their membership before participating in their Exchange in order to benefit from the HomeExchange Service. 

The HomeExchange Service includes the following services:

(1) the management and execution of Exchanges, 

(2) the messaging service, 

(3) the verification service required prior to the execution of an Exchange,

(4) deposit management, 

(5) personalized assistance in the event of an emergency, 24 hours a day, 7 days a week, and

(6) a free contractual guarantee from HomeExchange in case of damage, theft, or other losses suffered by the Host Member.

All services included in the HomeExchange Service and offered by HomeExchange come as a package and cannot be purchased individually.

1. MANAGEMENT AND EXECUTION OF EXCHANGES

1.1. Overall description of the Service

HomeExchange provides its Members with an exchange management service via its Platform, allowing the Host Member to publish a Listing to offer an Exchange of their Accommodation, and allowing the Guest Member to review the Listing and reserve the Accommodation offered for Exchange by a Host Member. HomeExchange is simply a platform for putting people in touch with each other. When Members execute an Exchange, they enter into a contract directly between them. HomeExchange does not become a party to any Exchange, and HomeExchange is not a real estate broker or insurer. HomeExchange does not act as an agent in any capacity for a Member during an Exchange, except as explicitly provided herein. The exchange management services provided by HomeExchange are automated. As such, all contact between Members is initiated solely on the basis of the efforts of the Members and HomeExchange does not intervene in any way, except as explicitly stated herein.

Each Exchange established a limited authorization by a Host Member to a Guest Member to enter, occupy, and use the Accommodation for the intended period. To the extent permitted by the applicable law, Host Members reserve the right to re-enter the Accommodation subject to the terms of the particular Exchange. If a Guest Member fails to vacate the Accommodation at the end of the specified Exchange period, Host Members may take any and all lawful steps to force the Guest Member to vacate the Accommodation. Guest Members agree to pay, for each additional 24-hour period in which the Guest Member has not vacated the Accommodation, all compensation claimed by the Host Member in connection with the Guest Member's failure to vacate. Guest Members authorize HomeExchange to pay such compensation from the Guarantee Deposit of the Guest Members.

Members who wish to do an Exchange via the Platform do so on their own initiative and under their own responsibility.

Members agree not to enter into an Exchange of an Accommodation listed on the Platform outside the Platform. Any violation of this provision will result in the immediate closure of the Account. Member information (name, phone number, address) should only be given to another Member when the Exchange is executed via the Platform.

HomeExchange makes no guarantee as to the legality of any Exchange entered into between Members, or as to its proper execution by any Member. In addition, HomeExchange provides no guarantee for  the availability of the Accommodation, the conditions of the Accommodation, or any other conditions imposed by one Member on another as part of an Exchange.

Members are solely responsible for the risks associated with providing or occupying a Accommodation as part of an Exchange, including the risk of damage to property or theft of any furnishing items. Host Members are free to choose the Guest Member who will use their Accommodation. Host Members and Guest Members should use preliminary correspondence to discuss (and avoid) any problems that may arise from an Exchange.

It should be noted that Guest Members are solely responsible for the acts or omissions of each and every guest (whether disclosed to the Host Member or not) present at the Accommodation. Such guests must comply with any requirements or rules established by the Host Member and must be aware of and comply with these Terms. Guests represent and warrant that they are legally authorized to act on behalf of any minor included in the Exchange. No minor may participate in an Exchange unless accompanied by an adult who is legally responsible for the minor.

1.2. GuestPoints

Exchanges are made through the use of previously acquired GuestPoints. 

Any activity of the Members or Newcomers on the Platform (registering their Account, completing their profile, having their Account and residence address verified, sponsoring new Members or Newcomers, participating in an Exchange, etc.) enables the Members to obtain GuestPoints. The Newcomer receives GuestPoints as a welcome gift after creating an Account. 

The number of GuestPoints obtained per Exchange varies according to the HomeExchange’s evaluation of the Accommodation, based on the number and type of beds, comfort, and location. How the value of the Accommodation is calculated is described in more detail in the article "What is the value of my home in GuestPoints?”, which you can find on our website.

A Member or Newcomer may make limited changes to the GuestPoints valuation offered by HomeExchange, as described in more detail in the article "Can I change the GuestPoint value of my home?", accessible on our website.

A Member may earn GuestPoints if he or she enters into a reciprocal Exchange (i) with another Member whose Accommodation has a lower GuestPoints value than their own Accommodation, or (ii) with another Member who stays in their Accommodation for a longer period of time than their own stay. Members who enter into a reciprocal Exchange may, if agreed, change the number of GuestPoints earned/used for that Exchange, provided that the GuestPoints per night do not exceed the GuestPoints suggested by the website.

For unilateral Exchanges, only the Host Member earns GuestPoints.

If a Guest Member does not have enough GuestPoints to enter into an Exchange for a particular Accommodation, the Guest Member may purchase the required remainder of GuestPoints through the Platform using a credit card.

GuestPoints are not transferable, cannot be redeemed for cash or other goods, and have no intrinsic monetary value. GuestPoints are non-transferable and non-divisible, except as expressly provided in the current contract, and may not be combined with the other Members’ Accounts. Furthermore, GuestPoints are not automatically transferable, for example, by inheritance, bankruptcy, or divorce. Any attempt to circumvent these rules by any means is prohibited. More information about GuestPoints is provided in the article "What are GuestPoints?" on our website.

The management of all GuestPoint credits, debits, and other transfers is automated and does not involve any intervention by HomeExchange.

1.3. Protection of the Host Member in case of Guest Member cancelation

If a Guest Member cancels an Exchange, the Host Member has the option to return the corresponding GuestPoints to the Guest Member. 

If a Guest Member cancels due to an emergency and provides appropriate documentation, HomeExchange may, at its sole discretion, return the GuestPoints to the Guest Member (while allowing the Host Member to keep the corresponding GuestPoints).

1.4. Protection of Guest Members in case of Host Member cancelation

If a Host Member cancels an Exchange, HomeExchange staff will use their best efforts to offer the Guest Member one or more alternative Accommodations to stay in instead.

The basic allowances of a replacement Accommodation are as follows: 

  1. For all offers:

Sleeping capacity corresponding to the number of guests

  • Hot and cold water supply
  • Electrical supply
  • Refrigerator
  • Bathroom
  • Kitchen unit

2. Where it has been specifically stated that an item will be provided:

Pool

  • WiFi
  • Disabled access

3. Location

  • The replacement Accommodation must be located within 50km of the original Accommodation. 
  • The replacement Accommodation must be located within 5 km of a beach if the original Accommodation is located within 5 km of a beach.

If HomeExchange is unable to find a replacement Accommodation with basic amenities equivalent to those of the canceled Exchange and if the Guest Member's subscription remains active for the duration of the canceled Exchange, the applicable GuestPoints will be returned by the Host Member to the Guest Member and HomeExchange will reimburse the Guest Member upon presentation of the  appropriate documentation:

  • Rehousing costs for a period equivalent to that of the scheduled Exchange, upon presentation of rehousing invoices on the same dates as the canceled Exchange, up to a maximum of $120 USD/night (or $350 USD/night for HomeExchange Collection Services). The guarantee will cover up to 15 nights. That is, a maximum of $1,800 USD per canceled Exchange (or $5,250 USD per HomeExchange Collection Exchange); or

  • Travel expenses for a canceled trip upon presentation of invoices and proof of cancelation and no refund, up to a maximum of $120 USD/night (or $350 USD/night for HomeExchange Collection Services). The guarantee will cover up to 15 nights. That is, a maximum of $1,800 USD per cancelled Exchange (or $5,250 USD per HomeExchange Collection Exchange); 

For example, if the canceled Exchange (excluding HomeExchange Collection Services) was for four nights, the Guest Member will be entitled to a maximum refund of $480 USD for emergency accommodation or travel expenses.

1.5. Member protection in case of cancelation by HomeExchange

HomeExchange may be required, from time to time, to cancel an Exchange in the event of an emergency or in other circumstances that, at HomeExchange's sole reasonable discretion, are necessary to prevent harm to HomeExchange, any Member, or any third party, or for any other reason set forth in these Terms. 

In such event, HomeExchange may, at its sole discretion and depending on the particular circumstances of the reason for cancelation: (i) return the GuestPoints to the Guest Member; (ii) allow the Host Member to retain all GuestPoints attributable to the Exchange; (iii) offer alternative Accommodation to the Guest Member; and/or (iv) make other such refunds or disbursements as it deems necessary, at its sole discretion.

1.6. Protection of Guest Members in the event of inadequate or inaccurately-described Accommodation

An Accommodation is considered inadequate or inaccurately described based on the following criteria:

(i) For any Accommodation:

  • No electricity 
  • No running water 
  • No hot water 
  • No refrigerator or non-functional refrigerator 
  • No functional cooking units (oven, stove or microwave)
  • Significant presence of pests (rats, cockroaches, etc.) 
  • No toilet (or non-functional toilet)
  • No functional bathtub or shower
  • Inability to close a door or a window on the first floor that opens on to a public space (street, court of building) 
  • A faulty roof that does not protect the Accommodation’s interior from rain
  • Sleeping capacity less than the number of persons agreed in the Exchange

(ii) Where it has been specifically stated that an item will be provided: 

  • Heating not able to maintain a temperature higher than 19°C in the rooms being used
  • Air conditioning not able to maintain a temperature lower than 35°C  in the bedrooms
  • Swimming pool unusable (no water or water quality making swimming impossible)
  • No WiFi or WiFi not working 
  • Disabled access declared but not provided for one of the following rooms: bedroom, kitchen, bathroom, toilet, living room 
  • No elevator or elevator out of order if the Accommodation is located higher than the 3rd floor of the building.

If a Guest Member is offered inadequate or inaccurately-described Accommodation, the HomeExchange teams will make their best efforts to offer the Guest Member an alternative Accommodation that meets the basic services recalled above in point 1.4.

If HomeExchange is unable to find at least one alternative Accommodation option for the inadequate or inaccurately-described Accommodation, the GuestPoints will be returned by the Host Member to the Guest Member and the Guest Member will be entitled to either of the following benefits: 

  • Rehousing costs for a period equivalent to that of the scheduled Exchange, upon presentation of rehousing invoices on the same dates as the canceled Exchange, up to a maximum of $120 USD/night (or $350 USD/night for HomeExchange Collection Services). The guarantee will cover up to 15 nights. That is, a maximum of $1,800 USD per canceled Exchange (or $5,250 USD per HomeExchange Collection Exchange); or
  • Travel expenses for a canceled trip upon presentation of invoices and proof of cancelation and no refund, up to a maximum of $120 USD/night (or $350 USD/night for HomeExchange Collection Services). The guarantee will cover up to 15 nights. That is, a maximum of $1,800 USD per canceled Exchange (or $5,250 USD per HomeExchange Collection Exchange)

For example, if the canceled Exchange (excluding HomeExchange Collection Services) was for four nights, the Guest Member will be entitled to a maximum refund of $480 USD for emergency accommodation or travel expenses.

1.7. Ratings, responses, reviews

After an Exchange, the Host Member and Guest Member may leave reviews of the Accommodation and submit a star rating, which will then be available on the Member's Account profile and/or with a Member's Listing. Host Members and Guest Members have 30 calendar days from the publication of the review or rating to contact HomeExchange and request that HomeExchange allow them to respond to the review or rating. Responses to reviews or ratings should not exceed 500 characters (including spaces).

Such reviews, responses, or ratings reflect only the opinions of individual Members and HomeExchange does not verify or guarantee their accuracy. Each Member who provides a review, response, or rating agrees to provide only accurate information that is not defamatory and does not contain offensive language. Reviews, responses and/or ratings shall not be made solely for the purpose of extortion. Members may not ask other Members to leave false reviews, responses, or ratings.

HomeExchange may decide, at its sole discretion, to refuse to post a review, response or rating.

2. MESSAGING SERVICE

HomeExchange provides Members and Newcomers with a free messaging service for the purpose of facilitating an Exchange or sharing experiences regarding previous Exchanges; however, use of the messaging service does not, in and of itself, enable Members to enter into an Exchange. The messaging service is automated and, therefore, HomeExchange is not involved in any way.

Members and Newcomers are solely responsible for any information communicated through the HomeExchange messaging service. No information communicated between Members or Newcomers on the messaging service is binding to HomeExchange in any way, and HomeExchange does not guarantee the accuracy or entirety of any information.

3. VERIFICATION SERVICE

HomeExchange offers its Members the ability to enter into Exchanges with Verified Members.

HomeExchange provides a manual verification service to verify the name and address of each Member or Newcomer when they create an Account. All Members must provide proof of address and a form of identification to verify their address and identity. 

HomeExchange reserves the right, at its sole discretion, to accept or reject supporting documentation provided for verification. 

HomeExchange also performs an automated verification of the Member's phone number and email address.

Once a Member's address, first and last name, phone number, and email address have been verified, that Member is considered a "Verified Member" on their profile. This verification process is required before a Member can participate in an Exchange. 

Just because a Member's credentials, email address, and phone number have been verified does not guarantee the accuracy or authenticity of any content or Listings provided by that Member. HomeExchange makes no warranties or representations regarding Verified Members or their Listings.

Once verification has been completed for a Member, that Member may participate in Exchanges. 

4. DEPOSIT MANAGEMENT

HomeExchange offers a (security) deposit management service between the Host Member and the Guest Member, allowing the Host Member to protect themselves, totally or partially, against the risk of theft, loss, or damage to his Accommodation according to the provisions described below.

The deposit amount that is required to be paid by the Guest Member is set at:

  • $500 USD for HomeExchange Members
  • $2,500 USD for HomeExchange Collection Members when the Exchange is made with another Member of the Collection community.

The deposit is pre-authorized on the Guest Member's credit card at the time the Guest Member enters into the Exchange. The credit card pre-authorization is made at the time of payment for the HomeExchange service.

In the event of damage, loss, or theft, the Host Member must file a claim within ten (10) days of the Guest Member's last day of stay at the Host Member's home by email to contact@homeexchange.com, which should include a description of the nature and estimate of the damage, loss, or theft in question, and any relevant supporting documentation should be attached.

HomeExchange will inform the Guest Member of the Host Member's complaint by email.

If the Host Member does not have all the required proof within the ten-day period (for example, if the Host Member is waiting for a repair estimate), the Host Member must request an extension from HomeExchange, which cannot, for any reason, exceed thirty (30) days from the last day of the Guest Member's stay. Any notice of damage, theft, or loss, or the submission of any evidence in support thereof, provided outside of this thirty-day period will be refused.

Guest Members must respond to a notice of claim or proof of damage within ten (10) days of receiving such notice.

In the event of a valid claim by a Host Member, the failure of the Guest Member to respond within the aforementioned ten-day period shall constitute an irrevocable waiver to contest the withholding of the claimed amount from the security deposit, which shall be paid to the Host Member from the Guest Member's pre-authorized deposit.

In the event of a request to retain the deposit or, if applicable, upon proof of damage, within the applicable time period, if the Guest Member agrees to the damage estimate and the use of the deposit, the amount of the deposit agreed upon by both parties for the Exchange shall be paid to the Host Member, at the latest, within twenty (20) business days from the confirmation of the agreement by both parties.

If a Guest Member's debit or credit card on file is declined on the date of payment, the Guest Member remains responsible for the amount of the deposit and is required to pay it to the Host Member within five (5) calendar days by the following alternative methods: bank transfer, PayPal, or any other valid credit or debit card.

If the Host Member and the Guest Member cannot agree on the amount of the deposit to be paid to the Host Member, HomeExchange will deduct the amount from the Guest Member's credit card and hold this amount in escrow until joint instructions are issued by the Host Member and the Guest Member confirming their mutual agreement on the distribution of the escrowed amount.

In the absence of an agreement within one year of the date on which the deposit was taken, and in the absence of proof by the Host Member that legal action has been taken to obtain the amount required from the deposit, HomeExchange will return the escrowed amount to the Guest Member.

HomeExchange shall release the depoist in accordance with the terms of a final and binding court decision.

Although HomeExchange may intervene to facilitate the resolution of disputes between Members, it does not give any guarantee for the Listings, or the behavior of a Member or a third party.

All Members agree to cooperate and try in good faith to assist HomeExchange and other Members in resolving any dispute that may arise in connection with an Exchange, and to take any additional steps required to resolve such dispute.

5. 24/7 PERSONALIZED ASSISTANCE

HomeExchange provides email and live chat support to Members and Newcomers during business hours. In the event of an emergency, HomeExchange provides email support twenty-four hours a day, seven days a week. 

Further information on the availability of customer service is provided on the "Contact" page of our site, which can be accessed here.

6. HOMEEXCHANGE’S FREE WARRANTY IN CASE OF DAMAGE, THEFT, OR OTHER LOSSES SUFFERED BY THE HOST MEMBER

HomeExchange offers, on a goodwill basis and at its sole discretion, a guarantee to Host Members in case of damage, theft, or other loss caused by a Guest Member during their stay, under the conditions and limits described here (see Conditions and details of the Damage Warranty).

This guarantee is not an insurance policy and is not intended to replace the guarantees of your insurance contract.

In case of compensation by HomeExchange within the provided conditions and limits in its offer of warranty, HomeExchange will be subrogated in the rights of the Member to recover the amount paid from the perpetrator(s) of the damage or from any person financially responsible for the damages. 

7. HOMEEXCHANGE COLLECTION

The HomeExchange Collection Service is an organized set of Collection Accommodations.

Advantages

The HomeExchange Collection Service includes the following benefits:

  • A new luxurious platform design, accessible only to HomeExchange Collection Members
  • The possibility to be only contacted by other HomeExchange Collection Members
  • A filter to find other luxury homes within the community
  • A Member Support Team offering quick and personalized help by phone or email
  • A more personalized quality of service
  • Enhanced warranties to match Members' lifestyle and travel needs,
  • Professional photography service offered during the first year of membership
  • Enhanced commercial warranty in case of damage, theft, or other losses suffered by the Host Member (see here).

Qualification

Collection Accommodations must have unique and appealing features that will provide Members with a superior experience to that of a traditional Accommodation. Host Members may request to include their Accommodation as a Collection Accommodation in the HomeExchange Collection Service by completing the form here.

In determining whether an Accommodation is eligible for Collection status, HomeExchange considers many factors, including, but not limited to, design, architecture, location, amenities, proximity to tourist destinations or attractions, and Host Member status and reviews. The decision to list an Accommodation as a Collection Accommodation is at the sole discretion of HomeExchange. Similarly, HomeExchange may remove any designation of Collection Accommodation at any time, at its sole discretion and without liability to the Host Member.

V.  PAYMENT RATES AND TERMS

Visitors can register for free, contact Members or Newcomers, access the website, access Listings, send messages to other Members or Newcomers and have their email address and phone number verified by HomeExchange. 

In order to complete Exchanges, it is mandatory for Newcomers to subscribe to the membership ("HomeExchange Service"). Details of the HomeExchange Service pricing are available here, and details of the HomeExchange Collection pricing are available here.

Membership in the HomeExchange Service is available as an annual membership, allowing Members access to an unlimited number of Exchanges (within the paramets of their available GuestPoints) during the aforementioned membership period. 

Members shall pay an annual membership fee for an unlimited number of Exchanges in a period of twelve (12) months from the effective dates of membership. Memberships shall automatically renew for successive 12-month periods unless cancelled on or before the last day of the current 12-month period. If the Member has terminated their membership during the current period, no refund, even in part, shall be due.

Prior to the confirmation of any paid membership service, Members are informed of the corresponding price and must accept it before proceeding with payment.

Prices offered by HomeExchange are subject to change. Any price change is effective immediately upon notification and applies to any future purchases made by a Member or Newcomer after it becomes effective. In addition, HomeExchange may choose to temporarily change the prices of Services for promotional events or in connection with new Services. Such changes shall become effective on the date set forth in the corresponding notification to Members. HomeExchange may offer new Services at any time, with or without notice. 

Please note that no payment made by HomeExchange in connection with any HomeExchange service, whether to a Host Member or Guest Member, shall constitute a waiver, reduction, or release of a Member's liability for any damage, injury, or other loss caused by that Member or any other Guest Member, or for that which a Member is otherwise liable.

1. TAXES AND FEES

Prices are quoted in the currency of the Member's country of residence or, if this information is not available, in U.S. dollars. Members are solely responsible for paying all applicable taxes resulting from their use of the Platform. HomeExchange is not responsible for any bank or credit card fees or charges incurred by the Member in connection with the Member's payment for Services through the Platform.

The HomeExchange Services and any other paid Services invoiced to a Member by HomeExchange are not considered as digital services. These services fall under Article 54 of Directive 2006/112/EC and are therefore not subject to VAT at the place of use.

Any possible applicable taxes will be calculated according to the HomeExchange’s place of establishment.

2. MEMBERSHIP PAYMENTS

Membership payments may be made by credit or debit card or by PayPal (subject to any additional terms and conditions imposed by PayPal). HomeExchange may, at its sole discretion, accept or reject payment by check or wire transfer. All payments are non-refundable, unless a Member requests cancelation of an Account.

The annual membership can be paid in 3 installments (not applicable for the HomeExchange Collection Service) by credit card. This offer is reserved for non-members, paying in Euros (€) and holding a credit card valid for at least 90 days after the purchase date. The first payment is made at the time of purchase, and the next two payments are automatically debited 30 days and 60 days later. By choosing this option, the Member agrees to pay the full amount of the membership plus the service fee.

3. MEMBERSHIP REFUNDS

Any membership refunds approved and authorized by HomeExchange will be issued via the payment method used by the Member no later than twenty (20) business days from the date of cancelation. (Only if the refund request has been confirmed by HomeExchange in accordance with its TOS will we issue the refund within 20 days of the request, provided no Exchange is scheduled or reserved on the Account).

In the case of annual membership, the right to cancel will apply at each renewal, and must be exercised within fourteen (14) days from the first day of the membership renewal.

VI. INSURANCE

Host Members are solely responsible for obtaining and maintaining valid homeowners, renters, or other insurance as required by law, in connection with the Exchange and any equipment related thereto. Such insurance must remain valid and in force for the duration of the Exchange. Failure to maintain such insurance may result in the immediate cancelation of a Host Member's Account. In addition, HomeExchange may request that a Host Member promptly provide proof of such insurance and any other information related to such request. Failure to respond or to provide accurate information may result in the cancelation of a Member's Account.

It is the responsibility of Members to review and understand their own insurance coverage and the coverage provided by any other Member with whom a Member is participating in an Exchange, such as property and liability insurance. You remain solely responsible in the event that your participation in an Exchange violates any agreement or policy with your insurance provider.

VII. PLATFORM AND CONTENT FOR LIMITED PURPOSES ONLY; PROHIBITION AGAINST SPAM 

The Platform is a service offered by HomeExchange, a private organization, and all information exclusively available to Members and Newcomers is private and not in the public domain. All content made exclusively available to Members and Newcomers is for the purpose of organizing Exchanges between Members.

The Platform shall not be used for solicitation or commercial purposes. Data mining from the Platform and/or the collection or storage of personal information about Members and Newcomers is strictly prohibited. Any attempt to collect or use personal information of Members and Newcomers or contact information of Members and Newcomers or groups of Members and Newcomers for any purpose other than to arrange an Exchange is a violation of these Terms.

Inquiries and communications may be screened and filtered by HomeExchange before being transmitted to Members. HomeExchange is not responsible for undelivered requests or lost revenue resulting from undelivered requests.

We may review private communications sent between you and other Members and Newcomers to check for compliance with these Terms, but we will treat them as private communications to the extent required by applicable law. We have the right to remove any content, at our sole discretion, that violates or is alleged to violate the law or these Terms. Notwithstanding this right, you remain solely responsible for the content of the material you post and the communications you exchange.

HomeExchange does not participate in and does not condone the sending of unsolicited commercial email ("SPAM"). HomeExchange reserves the right to delete (without refund) the account of any Member or Newcomer who mentions HomeExchange or any of its websites, URLs, or any associated HomeExchange email address in a SPAM message. HomeExchange reserves the right to delete (without refund) the account of any Member or Newcomer who uses HomeExchange to send solicitations other than personal Exchange-related requests or responses. Any violation of this paragraph will subject the violator to severe penalties and you release HomeExchange from any liability for costs and damages that may result from such violation.

VIII. INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT

1. USER CONTENT

The Platform may contain areas where you or other Members or Newcomers may post or submit information, including text, photographs, images, or other information ("User Content"). We reserve the right to remove or refuse, without any warning or other notification, any User Content that does not comply with the rules set forth herein and/or violates the safety of the Platform or other Members or Newcomers.

Ownership of User Content

User Content is owned by you or the person who created it. By submitting or posting any User Content to the Platform, you grant us a non-exclusive, transferable, sublicensable, royalty-free, irrevocable, worldwide license to use, copy, perform, reproduce, promote, publish, modify, edit, enhance, display, and distribute any User Content and all copyrights related to each photograph, video, image, and any information related to your posting or other User Content. You grant us these rights free of charge and without any commitment to attribution of authorship, ownership, or similar reference. You represent and warrant that you have the right to grant the rights and license described in this paragraph. Please do not post any User Content without obtaining permission from the person who took the photo and any person pictured in the photo. We will have the right to use your User Content without any obligation of confidentiality, attribution, or compensation to you.

Liability

It is your responsibility to determine whether any User Content or information is protected by copyright, trademark, trade secret, right of publicity, or other proprietary right. Except for information that is in the public domain or for which you have received express written permission, you agree not to upload, post or, otherwise transmit any User Content or information protected by copyright, trademark, trade secret, right of publicity, or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity, or other proprietary right. You are solely responsible for any damages resulting from any infringement of copyrights, trademarks, trade secrets, publicity rights, or other proprietary rights or any other harm resulting from such submission, and you agree to indemnify, defend (at its request), and hold harmless HomeExchange from any claim or loss it may suffer as a result of your violation of any provision of this section. We assume no responsibility or endorsement, express or implied, and we expressly disclaim any responsibility for the conduct of Guests, Members, or Newcomers or for the views, opinions, or statements expressed in any User Content on the Platform. Your use of the Platform and viewing of User Content is strictly at your own risk.

We reserve the right to revoke your use of or access to the Platform at any time, at our discretion, including, without limitation, if we believe that your conduct violates applicable law or is detrimental to the interests of HomeExchange or its subsidiaries and affiliates.

2. PLATFORM CONTENT

The Platform contains documents, text, images, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and other content (the "Platform Content") that we provide for your informational and general use.

Ownership of Platform Content

With the exception of any User Content, all Platform Content is the property of HomeExchange or third parties from whom we license Platform Content, and is protected by the copyright laws of the United States and other countries. All trademarks, logos, service marks, and trade names are owned, registered, and/or licensed by HomeExchange or its parent or affiliate companies.

You agree not to change or remove any proprietary notices from documents downloaded or printed from the Platform.

You agree not to copy, modify, translate, display, distribute, upload, transmit, sell, redistribute, publish, or create derivative works of any content appearing on the Platform, including the Platform and User Content, without our prior written consent, unless it is your own User Content that you are lawfully posting on the Platform.

HomeExchange App

Subject to your compliance with these Terms, HomeExchange grants you a limited, non-exclusive, non-sublicensable, revocable and non-transferable license to (i) download and use the App on your cell phone, tablet, or other personal device; and (ii) access and view any Platform Content made available on or through the Platform that is accessible to you, solely for your personal, non-commercial use.

3. COPYRIGHT POLICY

We respect the intellectual property rights of others and ask that you do the same. If you believe that content, of which you are the author, has been copied in a way that constitutes copyright infringement, please submit the following information to HomeExchange's copyright agent, designated as such in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

  • A physical signature of the person authorized to act on behalf of the copyright owner;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is being infringed is located on the Platform;
  • Your address, telephone number, and email address;
  • A statement by you that you have, in good faith, a belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • 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.

Copyright Agent :

HomeExchange.com Copyright Agent

Tarter Krinsky & Drogin LLP

1350 Broadway

New York, NY 10018

Phone: +1 212-216-1112

Email: copyrightfrca@tarterkrinsky.com

IX. CONFIDENTIALITY

For more information on our privacy practices, please read our Privacy Policy, available here.



The Platform may contain links to other sites maintained by third parties, or incorporate services provided by third parties (the "Third Party Services"). These Third Party Services are provided to you as a convenience only. HomeExchange, its subsidiaries, and affiliates have no control over, and no responsibility for, the content, products, or services offered by Third Party Services or found on related websites, or their terms of use or privacy policies. Members or Newcomers are solely responsible for compliance with the terms of use and/or privacy policies of such Third Party Services. Links to third party sites do not constitute an acceptance of responsibility or a sponsorship, approval, or endorsement of such sites or their content.



XI. EXCLUSION DE GARANTIE

You use the Platform and any information obtained through the Platform at your own risk. HomeExchange makes no warranties of any kind, express or implied, regarding the Exchanges and/or the goods, personal or property, included in the Listings or Exchanges available on the Platform. HomeExchange makes no warranties of any kind, express or implied, regarding the Listings, other Members or Newcomers, or any other information contained on the Platform, including, but not limited to, accuracy and non-infringement. HomeExchange has the right, but not the obligation, to pre-screen, monitor, or remove any User Content. HomeExchange uses various tools and procedures to screen Members and Newcomers; however, HomeExchange does not conduct background checks, does not request references from its prospects, and does not accept any obligation to independently verify the information posted by its Members or Newcomers on their Listings. HomeExchange makes no representations or warranties as to the conduct of Members or Guests, or the suitability of a Member's or Newcomer's property posted on a Listing, including the compliance of a Member's relationship with federal, state, or local laws, third party agreements, or other rules and regulations.

ACCEPTANCE OF RISK: You assume full responsibility and risk for your use of the Platform and any information obtained from or through the Platform, including your interactions with other Members or Newcomers, Exchanges in which you participate, and your use of other Services provided by HomeExchange. Your use of the Platform is voluntary and at your own risk. Some Services may carry inherent risks, and by participating in these Services, you voluntarily choose to assume these risks. The Platform and any functionality of the Platform are provided on an "as is", "as available" basis. 

HomeExchange and its subsidiaries and affiliates, and their respective directors, managers, employees, agents, and license holders (the "HomeExchange Parties") make no representations or warranties of any kind, express or implied, as to the accuracy of any information included on the Platform, the operation of the Platform, or the information, content, features, materials, or products included therein.

To the fullest extent permissible pursuant to applicable law, the HomeExchange Parties disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and adequacy for a particular purpose, non-infringement of intellectual property or other proprietary rights, and freedom from error, viruses, bugs, or other harmful components.

HomeExchange cannot guarantee the continuous and uninterrupted availability or accessibility of the Platform. HomeExchange has the right to restrict or limit the Platform to the extent necessary to protect its servers or to carry out maintenance measures.

Any opinions, advice, statements, offers or other information or content made available through the Platform, but not directly by us, are the property of their respective authors and should not necessarily be relied upon.

We do not guarantee the accuracy, completeness, or usefulness of any information on the Platform and we do not adopt or endorse, and are not responsible for the accuracy or reliability of, any opinion, advice, or statement made by any party other than us. We shall not be liable in any way for any loss or damage resulting from any person's reliance on any information or other content posted on the Platform or delivered to Members or Newcomers.



XII. LIABILITY

HomeExchange shall not be liable for any damages of any kind arising out of the Listings, Exchanges, or use of the Platform, or the accuracy of any information contained therein, including, but not limited to, direct, indirect, general, special, compensatory, incidental, punitive, or consequential damages or damages resulting from loss of use, data, profits, clientele, or from business interruption, or any personal or bodily injury or emotional distress, arising out of or in any way connected with these Terms, your use of (or inability to use) the Platform, your communication or meeting with other Members, your publication of an Listing, or your participation in an Exchange (whether as a Host Member or Guest Member), whether based on warranty, contract, tort, negligence, strict liability, or otherwise, even if HomeExchange has been advised of the possibility of such damages and even if the restricted recourse set forth herein proves to have failed of its essential purpose. In addition, the exchange of keys is solely and entirely the responsibility of the Owner, and HomeExchange shall therefore not be liable.

Except as otherwise expressly provided in these Terms, in no event shall HomeExchange's overall liability arising out of these Terms and Members' use of the Platform or any listing or Exchange exceed the amount a Member has paid to HomeExchange, or one hundred U.S. dollars ($100 USD) if no payment has been made. 

The above limitations on compensation are fundamental elements of the basis of the agreement between HomeExchange and each Member.

Some jurisdictions do not allow the disclaimer, exclusion, or limitation of certain warranties, liabilities, and damages, so some of the above disclaimers, exclusions, and limitations may not apply to you. In such jurisdictions, the HomeExchange Parties' liability shall be limited to the fullest extent permitted by applicable law.

XIII. WAIVER OF RESPONSIBILITY 

You agree to release HomeExchange from responsibility for any injury or damage suffered directly or indirectly as a result of your use of your property or a Guest Member's use of your property and/or your use of a Host Member's property, including but not limited to: (i) any claim of injury or damage to any person or property arising out of property owned by you; (ii) any claim of injury or damage to any person or property arising out of a real estate transaction of which you are a party (including claims by a Guest's guests, and including guests who are minors); (iii) a violation of these Terms of Use or the Privacy Policy committed by you or anyone using your computer (or your Account, if applicable) ; (iv) a claim that any use of the Platform by you or anyone using your computer (or your Account, if applicable) violates any right of a third party; (v) any misrepresentation by you or any misuse of the Platform; (vii) any claim arising out of any interaction you have with another Member or such Member's guests, whether or not in connection with the Platform, including, without limitation, any breach of any Exchange or other agreement to be performed by you; or (viii) your violation of any law, rule, or regulation of any applicable jurisdiction. You agree to pay all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs assessed or otherwise incurred by, in connection with or arising out of any such claim, suit, action, or proceeding attributable to such claim.



XIV. DISPUTE RESOLUTION

1. THIRD PARTY DISPUTES AND EXEMPTION

You will remain solely responsible for any claims, demands, or damages arising out of the breach of any third party agreements or obligations to which you or your property are subject, including, but not limited to, licenses, leases, insurance policies, homeowners association bylaws, condominium or cooperative board rules, and state and local laws. You release HomeExchange from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of any third party agreement or obligation to which you or your property is subject.

2. ARBITRATION AGREEMENT

If you have a problem or dispute with HomeExchange, you agree to first give HomeExchange an opportunity to resolve your problem or dispute. For the avoidance of doubt, this section applies to problems or disputes between you and HomeExchange arising under these Terms or our Privacy Policy, and not to any dispute between you and other Members or Guests. You may send a written description of your problem or dispute to: contact@homeexchange.com. If, for any reason, your problem or dispute is not satisfactorily resolved within sixty (60) days after HomeExchange receives your written description of it, you agree to the arbitration provisions below. We will use our best efforts to informally resolve any claims, complaints, disputes, or disagreements you may have with us.

To the extent permitted by applicable law, by agreeing to these Terms and by using the Platform, you agree that any dispute between you and HomeExchange arising out of or relating to these Terms or our Privacy Policy that is not satisfactorily resolved within sixty (60) days, shall be resolved by arbitration ("Arbitration"), conducted by a retired superior court judge or an impartial person selected from a list provided by the American Arbitration Association, to hear the dispute in New York County, New York, using the commercial arbitration rules of American Arbitration (the "Applicable Rules"). The Applicable Rules are available at www.adr.org/commercial.

YOU AND HOMEEXCHANGE AGREE THAT ALL CLAIMS WILL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND WILL NOT BE CONSOLIDATED WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY IN AN ARBITRATION.

You or HomeExchange may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York, necessary to protect the rights and property of HomeExchange pending completion of the arbitration.

The arbitration shall be conducted in English. The arbitrator shall have the power to grant any compensation that would be available in a court of law or in equity, and any award by the arbitrator shall be final and binding on each party. The arbitrator shall not, however, have the power to award punitive or exemplary damages, which each party hereby waives. The arbitrator shall apply the applicable law and the provisions of these Terms (or our Privacy Policy, if applicable) and any failure to do so shall be considered an abuse of arbiter’s power and grounds for judicial review. The arbitrator's decision shall include a written explanation and shall remain confidential.

If any provision of this arbitration agreement contained in this section is found to be unenforceable, such provision shall be deleted, and the remaining terms of arbitration shall be enforced (but in no event shall there be collective, representative, or private arbitration by the attorney general). Regardless of any statute or law to the contrary, notice of any claim arising out of or relating to these Terms must be given within one (1) year after the occurrence of such claim or it shall be forever barred. For purposes of this section, these Terms and related transactions shall be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). In addition, this section does not preclude a party from seeking interim relief in favor of the Arbitration in a court of appropriate jurisdiction.

This section shall survive any removal from the Platform. If it is determined that the above arbitration provisions do not apply to you or to a particular claim or controversy, either as a result of your decision or as a result of an arbitrator's decision or court order, you agree that any claim shall be resolved exclusively in a state or federal court located in New York County, New York. You and HomeExchange agree to submit to the personal jurisdiction of the courts located in New York County, New York for the purpose of resolving any such claim or controversy.

Withdrawal of the arbitration agreement

YOU HAVE THE RIGHT TO WITHDRAW FROM THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS BINDING ARBITRATION PROVISION IN CONNECTION WITH A PARTICULAR INTERACTION WITH THE PLATFORM, YOU MAY, WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, WITHDRAW FROM THAT PORTION OF THE AGREEMENT BY SENDING AN EMAIL TO contact@homeexchange.com. Any opt-out received after the thirty (30) day period will not be valid and you must pursue your claim through Arbitration in accordance with these Terms.

The parties are bound by the results of the Arbitration and the result of the Arbitration is final. You agree to service of process by email to the email address you have registered on the Platform. The parties shall each bear their own costs of the Arbitration. The prevailing party in any action arising out of or relating to this Agreement shall be entitled to recover costs, expert witness fees, attorneys' fees, and arbitrator's fees. 

NULLITY WHERE PROHIBITED BY LAW.

The Platform and its content are intended to comply with the laws and regulations of the United States. HomeExchange reserves the right to limit the provision of its services to any person, geographic area, or jurisdiction and/or to limit the quantities of any service we provide. Any offer of service made on the Platform is void where prohibited.

3. WAIVER OF JURY TRIAL; NO CLASS ACTION

HomeExchange and each Member acknowledge and agree that they waive the right to a jury trial for all disputes submitted to arbitration.

HomeExchange and each Member acknowledge and agree that each of them waives the right to participate as a plaintiff or class member in any purported class action, class arbitration, private attorney general action, or other representative proceeding for any disputes. In addition, no appointed arbitrator may preside over any class or representative proceeding. If this paragraph is found to be inapplicable with respect to any dispute, the entire Arbitration Agreement shall be deemed null and void with respect to such dispute.



XV. MISCELLANEOUS

1. APPLICABLE LAW

These Terms and our Privacy Policy shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to its choice of law principles.

In the event of a dispute between a Member or Guest Member in regards to the Platform, any legal action shall be brought exclusively in New York County, New York, USA.

Notwithstanding the foregoing, as a consumer, you will benefit from all mandatory provisions of the law of the country where you reside. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.

2. SEPARABILITY

If any part of these Terms is unlawful, invalid, unenforceable, or prohibited in any respect by any applicable law or regulation, such provision or part shall be deemed not to be a part of the contract between us. The legality, validity or enforceability of the remainder of these Terms shall remain in full force and effect.

3. ABSENCE OF WAIVER

No failure or delay by HomeExchange in exercising any right, power, or privilege under these Terms shall constitute a waiver of such right, power, or privilege, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.

4. HEADERS

The headers in these Terms are for convenience only and have no legal or contractual effect.

5. CESSATION

HomeExchange may cede its rights under this Agreement without your prior consent and without notice to you. You may not cede these Terms without the prior written consent of HomeExchange.

6. AMENDMENT

HomeExchange reserves the right to modify, delete, or supplement these Terms at any time, with or without notice. The date on which these Terms were last updated appears at the top of this document. Any changes are effective immediately. Please review these Terms of Use each time you access or use this site.

7. ENTIRE AGREEMENT

These Terms (including the Privacy Policy) constitute the entire agreement between HomeExchange and you with respect to the subject matter hereof and thereof. These Terms (including the Privacy Policy) supersede all prior or contemporaneous representations, discussions, negotiations, letters, proposals, agreements, exchanges, and understandings between you and HomeExchange with respect to the subject matter hereof and thereof, whether written or oral.

8. CONTACT US

If you have any questions or concerns regarding these Terms, please contact us by email at contact@homeexchange.com or write to us at

HomeExchange.com Inc.

625 Massachusetts Ave,

Cambridge, MA 02139