TERMS OF USE


Last Updated: December 19.12, 2018


Welcome to HomeExchange.com! These Terms of Use (“Terms”) govern the respective rights and obligations between HomeExchange.com Inc., a California corporation (“HomeExchange”), and you, and constitute a legally binding agreement (“Agreement”) between us. This Agreement governs your use of HomeExchange.com, GuestToGuest.com and any affiliated websites (together, the “Website”), your use of any HomeExchange mobile, tablet, and other smart device applications, (together, the “Application”), and your use of any Services (as defined below). Together, the Website, Application, and Services shall be collectively defined as the “Platform”. 


Please note that your use of the HomeExchange Platform is also governed by other agreements including without limitation the Privacy Policy, which is incorporated into these Terms, as well as any other policies referred to or linked to herein. In case of any conflict among these Terms and the Privacy Policy or other terms or policies, these Terms shall govern unless expressly stated herein. By using the Platform as a visitor or a Member (as defined herein), you agree to be bound by these Terms.


PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. BY CONTINUING TO ACCESS OR USE THE PLATFORM, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS.


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


A few important points:



  1. DEFINITION OF TERMS

  1. GENERAL USE OF THE PLATFORM

The Platform may contain areas in which you or other Members may post or submit information, including text, photographs, images, or other information (“User Content”). Please review these terms carefully. We reserve the right to remove or refuse any User Content that does not comply with the rules set forth herein.


When using the Platform, you agree that you will:


You further agree that:


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


Note that any translations provided by HomeExchange cannot be guaranteed as accurate and Members are responsible for reviewing any translations provided regarding their Listings.


III. ELIGIBILITY

Your Account is for your sole, personal use. Companies and businesses may not be Members.


  1. MEMBERSHIP TERMS AND CONDITIONS

You may not authorize others to use your Account, and except as otherwise expressly provided for herein, you may not assign or otherwise transfer your account to any other person or entity.


Creating an Account

In order to register with the Platform, you must first create an Account by providing the personal information requested (including without limitation first and last name, date of birth, telephone number, and email address). Members must keep their Account information up-to-date at all times. HomeExchange shall under no circumstances be held responsible for information communicated by Members that may be erroneous or fraudulent. Upon registration, you must: (i) be eighteen (18) years of age at the time you register your account; (ii) have the legal or contractual right to offer the Residence via the Platform and continue to have that right during your use of the Platform; and (iii) have the authority to enter into an Exchange. In addition, a Member Account is for that Member’s sole, personal use, and Accounts may not be created for business or other commercial purposes.


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


Upon registration, Members will select a Username and Password, which can only be changed at the Member's request. Each Member is solely responsible for his or her Username and Password and agrees to keep them confidential and not to disclose them to anyone, in any for, for any reason. Each Member shall be solely responsible for any third-party use of a Member’s Username or Password and for any actions or statements made through his or her Account by a third party, whether fraudulent or not, and shall indemnify HomeExchange against any claim relating thereto. Moreover, HomeExchange shall not liable for any identity theft of any  Member. If a Member has reason to believe that a third party is fraudulently using the Member’s identity or is otherwise using the Member’s account in an unauthorized manner, the Member must immediately inform HomeExchange. In the event of loss or theft of a Member’s Username or Password, the Member must immediately change his or her Username and/or Password and the Member shall be solely responsible for any losses relating to such loss or theft.


You agree to only create and/or use one Account. Any exception to this rule must be granted HomeExchange’s prior written approval. Any Accounts created in violation of the foregoing shall be subject to immediate suspension and/or termination.


Note that Members’ use of the Services provided on the Platform shall not be construed as any employee, agent, joint venture, or partner of HomeExchange for any reason, and that all Members are acting exclusively on their own behalf and benefit and not those of HomeExchange. HomeExchange does not in any manner control or direct and Member and each Member acknowledges and agrees that he or she has complete discretion on whether to post a Listing or enter into an Exchange.


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


Listings

Listings must be maintained in an accurate state by Host Members, including the following information:


A Residence can only appear on the Account of a single Member, even if several people hold the title to this Residence.


Any particular terms or conditions listed in a Member’s Listing cannot conflict with these Terms.


HomeExchange reserves the right to request that certain minimum information be included in any Listing and that Listing information be presented in a particular format.


The placement of Listings in HomeExchange search results may vary and depend on a variety of factors relating to the Listing details and the Guest Member’s particular search. HomeExchange makes no guarantees regarding the particular placement of a Member’s Listing in search results.


All Members represent and warrant that the posting of a Member’s Listing and any acceptance of an Exchange for a Host Member’s Residence will not breach any agreements such Member has entered into with any condominium association, homeowners’ association, cooperative agreements, or other such agreements, and (i) complies with any laws, including zoning laws, tax requirements, or license or permit requirements, or any other laws, rules or regulations applicable to the Residence or Listing. All Host Members are responsible for their own acts or omissions or those of any persons present at the Residence, besides the Guest Member and his or her invitees.


Closing an Account


Accounts Closed by HomeExchange


Should a Member act in violation of these Terms or any other rules or regulations issued by HomeExchange, or exhibit any conduct contrary to our rules of good conduct, values or ethics, or break any law, rule, regulation, or any other legal order issued by a governing jurisdiction, HomeExchange reserves the right, without justification and without compensation, to:



The following behaviors are strictly prohibited and may result in Account closure:



This list is not exhaustive and HomeExchange reserves the right to remove, without warning or other notification, any User Content that is not compatible with the rules in force on the Platform and/or that would undermine the security of the platform or other Members.


HomeExchange may close the Member's Account without warning or formal notice. By closing an Account for breach of these Terms, HomeExchange does not waive its right to any damages it may otherwise claim related to such breach.  


Closure of a Member’s Account following a violation these Terms will result in the termination of the Member’s current subscription, if any, without entitlement to any refund, even partial.


HomeExchange reserves the right to sign out, terminate, delete, or purge your Account, any related Listings and any related information from the Platform and our servers if you have not signed in to the Platform for a particular period of time, as determined by us, in our sole discretion.


The Member will be informed by email of the closure of their Account.


Closing an Account at a Member’s Request


Members of the Platform may, at any time and for any reason, terminate their registration on the Platform by requesting the closure of their Account with HomeExchange, at no cost other than those related to the transmission of their request, by following the procedures indicated on the Platform. This request shall become effective one working day following receipt by HomeExchange of the request to close the Account and all future Exchanges shall be cancelled; however, if an Exchange is in progress on the date of the request, the Account will not be closed until after the Exchange and any related transactions are completed.


An Optimal or Essential Member’s request to close an Account will not result in any refund, even partial, of any amounts paid relating to such Account.


Upon closure of a Member Account for any reason, all accumulated GuestPoints of that Member will be cancelled.


Upon closure of a Member Account and/or any other termination of these Terms, the clauses of these Terms that reasonably should survive termination shall remain in effect.


Services


Exchange Management

HomeExchange provides its Members with an exchange management service via its Platform, allowing the Host Member to publish a listing to propose an Exchange of his or her Residence, and allowing the Guest Member to review the Listing and book the Residence proposed for Exchange by a Host Member. HomeExchange is merely a platform-provider. When Members enter into an Exchange, they are entering into a contract directly with each other. HomeExchange does not become party to any Exchange, nor is HomeExchange a real estate broker or insurer. HomeExchange does not act as an agent in any capacity for any Member during an Exchange, unless otherwise explicitly set forth herein. The exchange management services provided by HomeExchange are automatized. As such, all contact between Members is initiated solely on the Members’ efforts and HomeExchange does not intervene in any manner unless otherwise explicitly described herein.


Each Exchange is a limited license by a Host Member to a Guest Member to enter, occupy, and use the Residence for the provided period. To the extent permitted by applicable law, Host Members reserve the right to re-enter the Residence subject to the terms of the particular Exchange. Should a Guest Member fail to vacate the Residence at the end of the defined Exchange period, Host Members may take all permitted legal action to make the Guest Member vacate. Guest Members agree to pay, for each additional 24-hour period in which the Guest Member has failed to vacate the Residence, any damages claimed by the Host Member relating to the Guest Member’s failure to vacate. Guest Members authorize HomeExchange to pay such damages out of Guest Members’ Security Deposit.


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


Members agree not to enter into any exchange of a Residence listed on the Platform outside the Platform. A violation of this provision will result in immediate Account closure. Member information (name, telephone number, address) must only be communicated to another Member during execution of the Exchange via the Platform.


HomeExchange in no way guaranties the legality of any Exchange entered into between Members, nor its proper performance by any Member. Further, HomeExchange makes no guaranties regarding the availability of the Residence, the conditions of the Residence, or any other conditions imposed by one Member on another regarding an Exchange.


Members alone assume the risks associated with providing a Residence or occupying a Residence in furtherance of an Exchange, in particular, the risk of damage to the property or theft of certain items furnishing it. Host Members are free to select the Guest Member who will use his or her Residence. Preliminary correspondences between Host Members and Guest Members should be used to discuss (and avoid) any issues that may arise from an Exchange.


Note that Guest Members are solely responsible for the acts or omissions of each and every invitee (whether disclosed to the Host Member or not) present at the Residence. Such invitees must comply with any requirements or rules set forth by the Host Member and must be made aware of and comply with these Terms. Guests represent and warrant that they are legally permitted to act on behalf of any minor included in the Exchange. No minors may participate in any Exchange unless accompanied by an adult who is legally responsible for them.


Messaging Service

HomeExchange provides Members with a free messaging Service for the purposes of facilitating an Exchange or to share experiences regarding past Exchanges; however, use of the messaging Service alone does not permit Members to enter into an Exchange. The messaging Service is automatized and as such, HomeExchange does not intervene in any manner.


Members are solely responsible for any information communicated via the HomeExchange messaging service. Any information communicated between Members on the messaging service shall in no way bind HomeExchange, nor does HomeExchange in any way guaranty the information’s accuracy or completeness.


Verification

HomeExchange will request verification of each Member’s name and address when the Member creates an Account. All Members must provide proof of address and a form of identification when the Member creates an Account. HomeExchange reserves the right to accept or reject supporting documentation for verification at its sole discretion. When a Member’s address and first and last name have been verified, such Member shall be deemed a “Verified Member” on their profile.

Members may have the option to also have their phone number and email address verified. Such verification will be performed via an automated service. Any particular email address or phone number that has been verified shall be designated as such on the relevant Member’s profile.


Just because a Member, or a Member’s email address and phone number, have been verified does not guaranty the accuracy of any content provided by that Member, nor guaranty the accuracy of any Listing. HomeExchange provides no endorsements or assurances regarding Verified Members or their Listings.


Ratings and Reviews

Following an Exchange, the Host Member and Guest Member may leave reviews of the Residence and Guest Member and submit a related star rating, which will then be available on the Member’s Account profile and/or in relation to a Member’s Listing. Such reviews or ratings only reflect the views of the individual Members and HomeExchange does not review the reviews or ratings nor guarantee their accuracy. Each Member providing a review or rating agrees to only provide information that is accurate and not defamatory or contain offensive language. Reviews and/or ratings may not be made for purposes of extortion only. Members may not instruct other Members to leave fake reviews or ratings.  


HomeExchange Service

Prior to entering into their first Exchange, Members must choose which type of subscription they’d like to govern their Exchange. Each type of subscription benefits from additional services, together, along with the ability to enter into an Exchange, called the “HomeExchange Service”.  


Details regarding HomeExchange Service pricing are available here.


Members may choose between two separate Account types:


Optimal Members pay an annual subscription fee for an unlimited number of exchanges during a twelve (12) month period. Optimal subscriptions are renewed automatically for successive 12-month periods unless cancelled on or before the last day of the current 12-month term. If the Optimal Member terminates their subscription during the current term, no refund, even a partial refund, will be due.


Essential Members are charged on a per-Exchange basis. Essential Members may at any time update their Account to Optimal status upon payment of the relevant subscription price.


All The HomeExchange Service subscriptions constitutes a multi-part offer related to the primary provision of services within the purview of SectionArticle 45 of the Directive 2006/112/CE. This service includes (i) the Verification required prior to entering into an Exchange, and (ii)  the following secondary services:


In addition, Optimal Members have additional subscription benefits, more fully described here.



All Services included in the HomeExchange Service are indivisible and cannot be subscribed to individually.


All Services offered by the HomeExchange Service are indivisible and cannot be subscribed to individually.

The HomeExchange Service constitutes services requiring human intervention prior to termination of such services which do not come within the purview of digital services provided via the internet and largely automatized within the meaning of Section 259 B, line 12 of the French tax code, but constitutes a service covered by SectionArticle 45 of the Directive 2006/112/CE.  


Verification

HomeExchange will request verification of each Member’s name and address when the Member creates an Account. All Members must provide proof of address and a form of identification in order to verify the Member’s address and identity. HomeExchange reserves the right to accept or reject supporting documentation for verification at its sole discretion. When a Member’s address and first and last name have been verified, such Member shall be deemed a “Verified Member” on their profile. Verification will be required before any Member can enter into an Exchange.

Members may have the option to also have their phone number and email address verified. Such verification will be performed via an automated service. Any particular email address or phone number that has been verified shall be designated as such on the relevant Member’s profile.


Just because a Member, or a Member’s email address and phone number, have been verified does not guaranty the accuracy of any content provided by that Member, nor guaranty the accuracy of any Listing. HomeExchange provides no endorsements or assurances regarding Verified Members or their Listings.


Once Verification has been performed for a Member, a Member can enter into Exchanges.


SecondaryAdditional Services inoffered by the HomeExchange Service


All secondary Services offered by the HomeExchange Service are indivisible and cannot be subscribed to individually.


Deposit Management

HomeExchange offers a Deposit management service between the Host Member and the Guest Member, allowing the Host Member to protect him or herself, totally or partially, against the risk of theft, loss or damage to his or her Residence pursuant to the provisions described below.


The Deposit, the amount of which is specified on this page, is subject to pre-authorization on the Guest Member's credit card at the time the Guest Member enters into the Exchange.


In case of damage, loss or theft, the Host Member must make a claim, within ten (10) days following the last day of the Guest Member's stay with the Host Member, by email to the address contact@homeexchange.com, including a description of the nature and estimate of the related damage, loss or theft and attach any relevant documentary evidence. HomeExchange shall notify the Guest Member of the Host Member’s claim by e-mail.


If the Host Member does not have all documentary evidence required within the ten days (for example, if waiting for a repair estimate), the Host Member must request an extension from HomeExchange, which shall in no case 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 supporting evidence thereof, provided outside of such a thirty day timeframe will be refused.


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


In the event of a valid claim made by a Host Member, any failure to respond by the Guest Member within the above-mentioned ten-day period shall constitute an irrevocable waiver to contest the retention of the claimed amount from the Deposit, which will be paid to the Host Member out of the Guest Member’s preauthorized Deposit.


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


If a Guest Member’s debit or credit card on file is refused on the date of payment, the Guest Member shall remain liable for the amount of the Deposit and shall be required to pay it to the Host Member within five (5) calendar days by the following alternative methods: bank transfer, PayPal account 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 such amount in escrow until joint instructions are issued by both the Host Member and the Guest Member confirming their mutual agreement on the distribution of the sequestered amount between them.


Failing agreement within one year following the date on which the Deposit was taken, and failing proof by the Host Member that legal action has been taken to obtain payment of the amount of the Deposit, HomeExchange shall return the sum sequestered to the Guest Member.


HomeExchange will release the Deposit in accordance with the terms of a final and binding court decision.


While HomeExchange may intervene to facilitate dispute resolution between Members, it makes no guarantees as to any Listings, or the performance of any Member or other third parties.


All Members agree to cooperate with and make good faith efforts to assist HomeExchange and the other Members to resolve any disputes that may arise relating to an Exchange, and take any further actions that may be required in order to resolve such a dispute.


Host Protection upon Guest Cancellation

If a Guest Member cancels an Exchange, the Host Member has the choice whether to return the relevant GuestPoints to the Host Member. If a Guest Member cancels due to an emergency situation and provides proper relevant documentation, HomeExchange may, at its sole discretion, return the GuestPoints to the Guest Member (while allowing the Host Member to keep the relevant GuestPoints).


Guest Protection upon Host Cancellation

If a Host Member cancels an Exchange, HomeExchange will offer the Guest Member the option of staying in a replacement Residence whose basic amenities, as defined here, are equivalent. If no replacement Residence is available, applicable GuestPoints will be returned by the Host Member to the Guest Member and HomeExchange will reimburse the Guest Member, upon presentation of proper documentation, either (a) his or her relocation expenses for the period equivalent to that of the planned Exchange, or (b) travel expenses for a cancelled trip, each subject to further limitations described here.


Member Protection upon HomeExchange Cancellation

HomeExchange may be required, from time to time, to cancel an Exchange in emergency or other circumstances which, at HomeExchange’s sole and reasonable discretion, are necessary in order to prevent harm to HomeExchange, any Members, or any third party, or for any other reason set forth in these Terms. In this case, HomeExchange may, at its sole discretion and dependent on the particular circumstances of the reason for cancellation: (i) return GuestPoints to the Guest Member; (ii) allow the Host Member to keep any GuestPoints attributable to the Exchange; (iii) offer a replacement Residence to the Guest Member; and/or (iv) make any other reimbursements or payouts it, in its sole discretion, deems necessary.


Guest Protection from Substandard or Inaccurate Residences

A Residence shall be considered to be substandard or inaccurate based on the criteria described here. If a Guest is subject to a substandard or inaccurate Residence, HomeExchange will offer the Guest Member the option of staying in a replacement Residence whose basic amenities, as defined here, are equivalent. If no replacement Residence is available, the GuestPoints will be returned by the Host Member to the Guest Member and HomeExchange will reimburse the Guest Member, upon presentation of proper documentation, either (a) his or her relocation expenses for the period equivalent to that of the planned Exchange, or (b) travel expenses for a cancelled trip, each subject to further limitations described here.


Coverage for Damage, Theft, or Other Loss

HomeExchange shall reimburse Host Members should he or she suffer damage, theft, or other loss caused by a Guest Member during his or her stay, under the conditions and limits described here.


In the event of willful damage or theft committed by a Guest Member, the Guest Member will indemnify HomeExchange for any sums paid by HomeExchange to the Host Member.


Personalized Assistance, 24 Hours a Day, 7 Days a Week

HomeExchange provides assistance to Members, by phone, email and live chat during regular business hours. In the case of emergencies, HomeExchange provides email support twenty-four hours a day, seven days a week. Additional details regarding the availability of customer service described here.


GuestPoints

Any Member activity on the Platform (registering your Account, completing your profile, getting your Account and Residence address verified, sponsoring new Members, entering into an Exchange, etc.) allows Members to earn GuestPoints.


The number of GuestPoints earned per Exchange varies according to HomeExchange’s evaluation made of the Residence based on the number and type of sleeping arrangements, comfort, and location. The Member can make limited modifications to the GuestPoints evaluation proposed by HomeExchange as further described here.


A Member may earn GuestPoints if he or she enters into a reciprocal Exchange (i) with a Member whose Residence has a GuestPoints valuation that is less than that of the earning Member, or (ii) with a Member who stays at the earning Member’s residence for a longer period than the earning Member stays. Members entering into a reciprocal Exchange may, if in agreement, modify the number of GuestPoints earned/used for such Exchange.


For unilateral Exchanges, only the Host Member earns GuestPoints.


If a Guest Members does not have sufficient GuestPoints to enter into an Exchange for a particular Residence, the Guest Member may purchase the number of missing GuestPoints by credit card via the Platform. The price to purchase additional GuestPoints for the purposes of entering into an Exchange is twenty U.S. cents (US$.20) for the first twenty percent (20%) of the total number of GuestPoints required for the Exchange, and two U.S. dollars (US$2.00) for the remaining eighty percent (80%). GuestPoints cannot be purchased for any other reason.


These GuestPoints allow a Guest Member to stay at a Host Member’s home, during the dates of his or her choice (subject to Residence availability and the Host Member’s acceptance).


GuestPoints are non-transferable, non-redeemable for cash or other property, and have no inherent monetary value.  Points are non-transferable and non-divisible, unless expressly provided for in this agreement, and may not be combined with other Participant’s accounts. Additionally, points cannot be transferred by operation of law, such as by inheritance, in bankruptcy or in connection with a divorce. Any attempt to circumvent these rules by any means is prohibited. Additional details regarding GuestPoints are detailed here.


The credit, debit, and other management of GuestPoints is automatized and does not imply any intervention by HomeExchange.


Rates and Terms of Payment

Members may register, contact other Membersaccess the Website, access the Listings, and message other Members, and have HomeExchange verify their email and phone number, free of charge.


All Exchanges will require a Member to subscribe to either the Essential or the Optimal “HomeExchange Service” Account.


Subscription to the HomeExchange Service is available as either (i) an annual subscription granting Members access to an unlimited number of Exchanges (subject to available GuestPoints), or (ii) payment based on the number of Exchanges entered into.


Before confirmation of any paid subscription-based Services, Members will be informed of the relevant pricing and will be required to accept such pricing before proceeding to payment.


Prices will be listed in the currency of the Member’s country of residence, or, if such information is not available, in United States Dollars. Members shall be solely responsible for the payment of all applicable taxes resulting from the Member’s use of the Platform. HomeExchange shall in no way be liable for any Member bank or credit card fees or charges relating to the Member’s payment for the Services via the Platform.


The HomeExchange Services and any other paid Services billed to a Member by HomeExchange are not considered digital services. These Services are under the purview of Article 54 of the Directive 2006/112/CE and are therefore not subject to VAT based on the place of consumption.


Any taxes that may apply will be calculated based on HomeExchange’s place of business.


Nevertheless, if a conflicting rule in a European Union member state having jurisdiction over the place where services are effectuated applies, the paid Service may be billed by HomeExchange with the VAT of the paying Member’s applicable jurisdiction. This VAT will be collected by HomeExchange and remitted to the relevant local taxing authority.


Prices offered by HomeExchange are subject to change. Any change in price shall take effect immediately upon notice and shall apply to any future purchases made by a Member after such changes come into effect. Furthermore, HomeExchange may choose to temporarily modify pricing for the Services for promotional events or in relation to new Services. Such changes shall take effect on the date provided in the relevant notice to Members. HomeExchange may offer new Services at any time, with or without notice.


Payment for Subscriptions

Subscription payments may made by credit or debit card or PayPal (subject to any additional PayPal’s terms and conditions imposed by PayPal). HomeExchange may, at its sole discretion, accept or refuse payment by check or wire transfer. All payments are non-refundable, except where a Member requests cancellation of an Account.


Cancellation of Account

Members may cancel their Accounts for any reason within fourteen (14) days of their subscription, provided that no Exchanges have been scheduled for such Member.


To cancel an Account, a Member must send an e-mail to: contact@homeexchange.com or by filling out the form located here.  


HomeExchange will confirm cancellation by sending an email to the former Member at his or her email address.


Refunds will be issued via the payment method used by the Member no later than twenty (20) business days following the date of cancellation.


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


Insurance

Host Members are solely responsible for obtaining and maintaining valid homeowners’, renters’, auto, or other insurance as may be required by relevant law, relating to the Exchange and any amenities relating thereto. Such insurance must remain valid and in force throughout the duration of the Exchange. Any lapse in such insurance may result in the immediate cancellation 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 relating to such demand. Failure to respond or provide accurate information may result in cancellation 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 enters into an Exchange, including auto, property, and liability. You shall remain solely liable in the event that your participation in an Exchange violates an agreement or policy with your insurance provider.


HomeExchange offers coverage for damage or theft occurring in the course of an Exchange as part of the HomeExchange Service, details of which can be found here.


Please note that no payment made by HomeExchange pursuant to any HomeExchange Service, whether to a Host Member or a Guest Member, shall release, reduce or waive any liability of a Member for any damage, injury, or other loss caused by that Member or any other Member invitee, or for which a Member is otherwise responsible.


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

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


The Platform shall not be used for any solicitations or for any commercial use. Data mining of information from the Platform and/or collecting or storing personal information about Members is strictly prohibited. Any attempt to collect or use personal information from Members or contacting Members or groups of Members other than for the purpose of arranging an Exchange is in violation of these Terms.


Inquiries and communications may be monitored and filtered by HomeExchange prior to delivery to Members. HomeExchange is not responsible for undelivered inquiries or for missed income as a result of undelivered inquiries.


Communications sent between you and other Members that are not readily accessible to the general public may be reviewed by us for compliance with these terms, but will be treated by us as private to the extent required by applicable law. We shall have the right to remove any such content that, in our sole discretion, 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 communications you exchange.


HomeExchange does not participate in or tolerate the sending of unsolicited commercial email (“SPAM”). HomeExchange reserves the right to cancel (without refund) any Member that mentions HomeExchange or any of its Websites, URLs, or any associated HomeExchange email address in any SPAM message. HomeExchange reserves the right to cancel (without refund) any Member that uses HomeExchange to send any solicitations other than personal Exchange requests or replies. Any violation of this paragraph shall subject the violator to severe penalties and you shall indemnify and hold HomeExchange harmless from and against any and all costs and damages incurred by HomeExchange as a result of such violation.


  1. INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT


Ownership of Content

User Content is owned by you or whoever created it. By submitting or posting any User Content on the Platform, you grant us a non-exclusive, transferable, sublicensable, royalty-free, irrevocable, worldwide license to use, copy, perform, reproduce, promote, publish, display and distribute any User Content and all copyright, in and to, each and every photograph, video, image, and all information related to your Listing or other User Content. You grant these rights to us free of charge and without any commitment of an attribution as to authorship, ownership or other similar reference. You represent and warrant that you have the right to grant the rights and license in this paragraph. Please do not post any User Content unless you have permission from the person who took the picture and anyone who is depicted in the picture. We will be entitled to use your User Content without incurring obligations of confidentiality, attribution, or compensation to you.


Liability

You are responsible for determining whether User Content or information is protected by copyright, trademark, trade secret, right of publicity or other proprietary right. Except for that information which is in the public domain or for which you have been given 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 shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission, and agree to indemnify, defend (at its request) and hold harmless HomeExchange from any claims or losses incurred by it due to your breach of any provision of this section. We take no responsibility for, we do not expressly or implicitly endorse, and we expressly disclaim any liability for the conduct of any Guests or Members or for any views, opinions or statements expressed in any User Content on the Platform. You use the Platform and view the User Content strictly at your own risk.

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


  1. PLATFORM CONTENT

Except for any User Content, all of the content on the Platform – including materials, text, images, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and other content (“Platform Content”) – is owned by HomeExchange or others from whom we license the Platform Content, and is protected under the United States’ and other countries’ copyright laws.


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 delete any ownership notices from materials downloaded or printed from the Platform.


You agree not to copy, edit, translate, display, distribute, download, transmit, sell, redistribute, publish, or create derivate works from any content appearing on the Platform, including Platform and User Content, without our prior written consent, unless it is your own User Content that you legally post on the Platform.


Application

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


  1. COPYRIGHT POLICY

We respect the intellectual property rights of others and require that you do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to HomeExchange’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:



Copyright Agent:

HomeExchange.com Copyright Agent

c/o Deborah A. Nilson & Associates, PLLC

10 E. 40th Street, Suite 3310

Phone: 212-687-1155

Email: copyright@nilsonlaw.com


VII. PRIVACY

For additional information about our privacy practices, please read our Privacy Policy, located here.


VIII. LINKS TO OTHER WEBSITES

The Platform may contain links to other sites maintained by third parties, or integrate services provided by third parties (“Third-Party Services”). These Third-Party Services are provided only as a convenience to you. HomeExchange, its subsidiaries and affiliated companies have no control over, and are not responsible for any content, products or services offered by Third-Party Services or found on related websites, or their terms of use or privacy policies. Members are solely responsible for compliance with such Third-Party Services’ terms of use and/or privacy policies. Links to third party sites do not constitute an assumption of liability or sponsorship, endorsement or approval of these sites or the content contained in these sites.


  1. WARRANTY DISCLAIMER

Use of the Platform and any information obtained from the Platform is at your sole risk. HomeExchange makes no guarantees or warranties, either express or implied, regarding any Exchange and/or the properties, personal and/or real, included in any Listing or Exchange available through the Platform. HomeExchange makes no warranty of any kind, express or implied, as to the Listings, other Members, 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 designed to screen Members; however, HomeExchange does not perform background checks, require references or its prospects, or accept any obligation to independently verify the information posted by its Members on their Listings. HomeExchange makes no representations or warranties as to the conduct of Members or Guests, or the adequacy of a Member's property published on a Listing, including as to whether a relationship between Members complies with federal, state, or local laws, third party agreements, or other rules and regulations.


You assume all responsibility and risk for your use of and reliance on the Platform and any information obtained from or through the Platform. Your use of the Platform is voluntary and at your own risk. Some Services may carry inherent risk, and by participating in such Services, you choose to assume those risks voluntarily. The Platform and any feature on the Platform is provided on an “as is,” “as available” basis. The HomeExchange and its subsidiaries and affiliates and their respective officers, directors, employees, agents, and licensees (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 permitted by applicable law, the HomeExchange Parties disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement of intellectual property rights or other proprietary rights, and freedom from errors, 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 as may be needed to protect its servers, or otherwise carry out maintenance measures.


Opinions, advice, statements, offers, or other information or content made available through the Platform, but not directly by us, are those 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 neither adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by any party other than us. Under no circumstances are we responsible for any loss or damage resulting from any person's reliance on information or other content posted on the Platform or transmitted to Members.


XII.  LIABILITY

The HomeExchange Parties will not be liable for any damages of any kind arising from the use of the Platform or the accuracy of any information included thereon, including but not limited to direct, indirect, general, special, compensatory, incidental, punitive, or consequential damages or damages resulting from loss of use, data, profits, goodwill, or business interruption or for any damages for personal or bodily injury, or emotional distress, arising out of or in any way connected with these Terms, the use (or inability thereof) of the Platform, your communication or meeting with other Members, or from your publishing a Listing or entering into an Exchange, 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 limited remedy set forth herein is found to have failed its essential purpose.


Except as may otherwise be expressly provided for herein, in no event will HomeExchange’s aggregate liability arising out of these Terms and Members’ use of the Platform exceed the amounts a Member has paid HomeExchange, or one hundred U.S. dollars (US$100) if no payments have been made.


The limitations of damages set forth above are fundamental elements of the basis of the bargain 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 liability of the HomeExchange parties will be limited to the fullest extent permitted by applicable law.


  1. INDEMNIFICATION

You agree to indemnify and hold harmless the HomeExchange Parties, from any injury or damage suffered directly or indirectly as a result of the use of your property or use by the Guest Member of your property and/or your use of the Host Member’s property including but not limited to: (i) any claims for injury or damage to person or property arising from a property you own; (ii) any claims for injury or damage to person or property arising from a property transaction to which you are a party (including claims by Guest invitees, and including minor invitees); (iii) a violation of these Terms of Use or Privacy Policy by you or anyone using your computer (or Account, where applicable); (iv) a claim that any use of the Platform by you or someone using your computer (or Account, where applicable) infringes any right of any third party; (v) any misrepresentation by you or misuse of the Platform; (vii) any claims arising out of any interaction you have with another Member or such Member’s invitees, whether within or without the scope of the Platform, including without limitation any breach of any Exchange or any other agreement to be performed by you; or (viii) your breach of any laws, rules or regulations of any applicable jurisdiction. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.


  1. THIRD PARTY DISPUTES AND RELEASE.

You shall remain solely responsible for any claims, demands, or damages arising out of the breach or violation of third-party agreements or obligations to which you or your property are subject, including but not limited to licenses, lease agreements, insurance policies, home owners’ association regulations, condominium or co-op board bylaws, and state and local law. You release the HomeExchange Parties from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of in any way connected any third-party agreement or obligations to which you or your property are subject.


XII. ARBITRATION AGREEMENT

When you have a problem or dispute with HomeExchange, you agree that you will first give HomeExchange an opportunity to resolve your problem or dispute. For avoidance of doubt, this Section applies to problems or disputes between you and HomeExchange arising from these Terms or our Privacy Policy, and not any dispute between you and other Members or Guests. You may send a written description of your problem or dispute to: support@homeexchange.com. If for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after HomeExchange’s receipt of your written description of it, you agree to the arbitration provisions below. We will make every reasonable effort to informally resolve any claims, complaints, disputes, or disagreements that 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, which arises out of or is related to these Terms or our Privacy Policy and is not resolved satisfactorily within sixty (60) days, shall be resolved by arbitration (“Arbitration”) conducted by a retired judge of the superior court or an impartial person chosen from a list supplied by the American Arbitration Association, to hear this matter in New York County, New York, using the American Arbitration rules of Commercial Arbitration (the “Applicable Rules”). The Applicable Rules can be found at www.adr.org/commercial.


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


Either 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 or property of you HomeExchange pending the completion of Arbitration.


The Arbitration shall be conducted in English. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms (or our Privacy Policy, if necessary) and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator's decision must include a written explanation and will remain confidential.


If any provision of this agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this Section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). Furthermore, this section shall not prevent any party from seeking provisional remedies in aid of Arbitration from a court of appropriate jurisdiction.

This section shall survive any termination of the Platform. In the event that the arbitration provisions above are found not to apply to you or to a particular claim or controversy, either as a result of your decision or as a result of a decision by the arbitrator or a court order, you agree that any claim must be resolved exclusively by 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 within New York County, New York for the purpose of litigating all such claims or controversies.


Arbitration Opt-Out. YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO ANY PARTICULAR INTERACTION WITH THE PLATFORM, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT-OUT OF THIS PART OF THE AGREEMENT BY SENDING AN EMAIL TO support@homeexchange.com. Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via Arbitration pursuant to these Terms.


The parties shall be bound by the results of the Arbitration and the Arbitration result shall be final. You agree to service of process by email to the email address you register with the Platform. The parties shall initially both 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. VOID WHERE PROHIBITED.


The Platform and its contents 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 region, or jurisdiction and/or to limit the quantities of any services we provide. Any offer for any Service made on the Platform is void where prohibited.


XIII. WAIVER OF JURY TRIAL; NO CLASS ACTIONS

HomeExchange and each Member acknowledges and agrees that they are waiving the right to a trial by jury as to all disputes subject to arbitration.


HomeExchange and each Member acknowledges and agrees that each waives the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all disputes. Further, no arbitrator assigned may preside over any class or representative proceeding. If this paragraph is deemed unenforceable with respect to any dispute, then the entirety of the Arbitration Agreement shall be deemed void with respect to such dispute.


XIV. GOVERNING LAW

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

If a dispute arises between any Member or Guest regarding the Platform, any legal action will be brought exclusively in New York County, New York, United States of America.


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


  1. SEVERABILITY

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


XVI. NO WAIVER

No failure or delay by HomeExchange in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will 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.


XVII. HEADINGS

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


XVIII. ASSIGNMENT

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


XIX. MODIFICATION

HomeExchange reserves the right to amend, remove, or add to these Terms at any time with or without notice; however, the date on which these Terms have been last updated shall be reflected at the top of this document. Any modification shall be effective immediately. Please review these Terms of Use whenever accessing or using this site.


  1. 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 simultaneous 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.


XXI. CONTACT US

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


HomeExchange.com Inc.

45 Prospect Street

Cambridge, MA 02139