The following contains important information regarding your use of this website. By using this website, you agree to be bound by the terms, conditions, and notices set forth herein (collectively, the "Terms and Conditions"). Failure to comply with the Terms and Conditions may result in revocation of your membership. GuestVessel.com (the "Website") is provided to members only, solely for the purpose of connecting members with other members so that they can share short-term accommodations. Your membership with GuestVessel and access to and use of the Website is subject exclusively to your acceptance, without any modification, of, and compliance with, the Terms and Conditions. Failure to read these Terms and Conditions completely does not exempt you from the requirement of complying with the rules and regulations herein. [If you do not understand any of the Terms and Conditions please consult a lawyer or contact us immediately.] If you do not wish to accept the Terms and Conditions you are hereby prohibited from using GuestVessel in any way.
We reserve the right to change the Terms & Conditions at any time at our sole discretion, and such changes will be effective immediately after they are posted here. It's your responsibility to check back regularly for any updates. Your continued access or use of the Website signifies your acceptance of any updates or modifications to the Terms and Conditions, whether notice of such changes are provided to you or not. GuestVessel reserves the right to revoke your membership and access to the Website at any time for any reason. GuestVessel reserves the right to remove the Website or any part of it without notice and you hereby acknowledge and agree that GuestVessel shall not be liable for any such removal.
The terms "we," "us," "our," and "GuestVessel" refer to GuestVessel LLC , a New York limited liability company, and/or any subsidiaries thereof or successors thereto. The terms "you" or "your" refers to the member utilizing, visiting, or accessing the Website, and/or listing or accessing a listing on the Website.
1. Use of the Website
As a condition of your use of the Website, you warrant that:
GuestVessel is a private forum made up of individuals that have been accepted by GuestVessel as members. Only members will have access to the Website and to the properties of other members. AS A CONDITION OF MEMBERSHIP ALL POTENTIAL MEMBERS HEREBY GRANT GUESTVESSEL PERMISSION TO CONDUCT A CRIMINAL BACKGROUND CHECK OF SUCH POTENTIAL MEMBER. As a condition of membership, you hereby grant GuestVessel permission to use a reputable third party organization of its choice to conduct such check. You understand, acknowledge and agree that GuestVessel requires a background check of all potential members for the purpose of ensuring the integrity and reliability of the Website. GuestVessel will not use any information it obtains from any background check to discriminate on the basis of race, religion, color, creed, age (so long as the potential member has reached the age of majority) or sexual orientation. GuestVessel's sole purpose in conducting background checks is to ensure the safety of all members and to minimize the risk of harm and or damage to members or their property.
3. GuestVessel's services
GuestVessel allows members to meet other members and arrange transactions between them. GuestVessel is not involved in contact between members. AS A RESULT WE HAVE NO CONTROL OVER THE QUALITY, SAFETY, OR LEGALITY OF THE PROPERTY LISTED, THE TRUTH OR ACCURACY OF THE LISTINGS, THE ABILITY OF HOSTS TO OFFER THE PROPERTIES LISTED, DAMAGE TO REAL PROPERTY, DAMAGE OR LOSS OF PERSONAL PROPERTY OR PERSONAL INJURY AS A RESULT OF A STAY. WE CANNOT ENSURE THAT A HOST AND GUEST WILL ACTUALLY COMPLETE A TRANSACTION AND WE DO NOT MAKE ANY REPRESENTATIONS AS TO THE QUALITY, LOCATION, AVAILABILITY, SUITABILITY, OR PRICING OF ANY SPECIFIC PROPERTY.
IN PARTICIPATING IN A TRANSACTION THROUGH THE WEBSITE, USERS AGREE TO COMPLY WITH ALL APPLICABLE LAWS. We do not and cannot ensure that members will abide by laws or that members will not cause any harm. We make no representations or warranties regarding individual members, or the trustworthiness of any members. We are solely acting as facilitators and provide a forum and service whereby like minded people can search and locate suitable accommodations. The choice to proceed with a transaction is each member's individual choice and is made with full understanding of the potential risks involved (including, but not limited to, potential damage to personal property or theft). GuestVessel and the Website are provided on an AS-IS basis and without warranties or representations of any kind to the fullest extent permissible pursuant to applicable laws. We assume no responsibility for information posted on the Website by others, including, but not limited to users and advertisers. We also assume no responsibility for the actions of members on the Website as a result of their use of the Website.
You are responsible for any and all costs associated with using the GuestVessel or the Website. GuestVessel does not screen individual properties, listings or descriptions. Members will decide, based on their own review and on their own knowing understanding of the risks involved in transacting business with people over the internet, whether to proceed with a transaction. While GuestVessel conducts a background check of all members (including a check of each potential member's property history to ensure that the property listed by such potential member is, either by ownership or rent, able to be used for membership purposes at GuestVessel) and criminal check, GuestVessel cannot ensure the accuracy of such checks. You hereby acknowledge and agree to the fact that such checks are not assurances of the trustworthiness of other members. All members agree to such checks and further agree that such checks are conducted by a third party organization and GuestVessel makes no representation or warranty as to the veracity of any such search results. In proceeding with any transaction with another member through GuestVessel, you agree to rely on such checks at your own risk and understand that no search can anticipate all potential risks, nor be expected to be totally accurate. Such checks are intended to provide information to members and are not intended as assurances of guarantees of the reliability of other members.
USERS SHOULD ALWAYS BE CAUTIOUS ABOUT GIVING PERSONAL INFORMATION TO STRANGERS OR POSTING IT IN A PUBLIC PLACE WHERE SUCH ACTIONS MIGHT BE USED TO HARM, HARASS OR BE USED AGAINST THEM. ALTHOUGH WE PROVIDE TOOLS, SUCH AS DIRECT CONTACT, THAT ENABLE A MEMBER TO ENTER INTO TRANSACTIONS WITH OTHER MEMBERS, WE ARE NOT A PARTY TO TRANSACTIONS BETWEEN MEMBERS NOR DO WE HOLD OURSELVES OUT AS AGENTS OR REPRESENTATIVES OF ANY MEMBER IN ANY TRANSACTION.
4. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND THAT (EXCEPT WHERE PROHIBITED BY LAW): a) YOUR USE OF GUESTVESSEL AND THE WEBSITE IS AT YOUR SOLE RISK. GUESTVESSEL AND THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) WE MAKE NO WARRANTY THAT: (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY ACCOMMODATION, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED OR THAT ANY PORTION OF THE WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES. c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
5. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GUESTVESSEL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS ("WE"), SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE ACCOMMODATION RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, GUESTVESSEL'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
IF YOU ARE DISSATISFIED WITH GUESTVESSEL, THE WEBSITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS AND CONDITIONS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST GUESTVESSEL WITH RESPECT TO THE TERMS AND CONDITIONS, THEN YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO CANCEL YOUR MEMBERSHIP AND DISCONTINUE USING THE WEBSITE.
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE GUESTVESSEL AND ANY OF ITS RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, ATTORNEYS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." IF YOU ARE A RESIDENT OF A STATE WITH ANY SIMILAR LIMITATION ON RELEASES AND WAIVERS OF THIRD PARTIES, YOU HEREBY WAIVE ANY STATUTE OR COMMON LAW PRINCIPLE OF SIMILAR EFFECT IN THAT STATE TO THE MAXIMUM EXTENT ALLOWED BY LAW.
7. Membership, Password and Security
You are responsible for all activities that occur under your account with us. You agree to protect and safeguard your password and account information against unauthorized use. You must immediately notify us of any unauthorized use of your account or any other breach of security. You must exit from your account at the end of each session. You agree that you will be solely responsible for any loss or damage to you or any other member arising from your failure to comply with the Terms and Conditions.
8. Member Conduct
You understand that we do not provide the information on the Website and that all publicly posted or privately transmitted information and/or data, including but not limited to, text, photographs, graphics, messages, images, sounds, emails, comments, feedback, suggestions, ideas or other materials ("Content") are the sole responsibility of the person from which such Content originated. You acknowledge that GuestVessel does not pre-screen or approve Content, but that GuestVessel shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content on the Website for any reason we deem reasonable, in our sole judgment. Any or all Content on the Website may be purged periodically in GuestVessel's sole discretion. You agree and represent that you are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise use or make available via the Website. Since we do not control the Content posted on the Website or sent to you from another member of GuestVessel, advertiser, or other third-party, we cannot and do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website, you may be exposed to offensive, indecent or objectionable Content. You agree that we are not liable for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website or actions taken in response or reaction thereto. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree not to use GuestVessel or the Website for any illegal or inappropriate purpose, and affirmatively represent and warrant:
We may preserve Content in our sole discretion and we may also disclose such information to third parties to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety or the rights, property and personal safety of our users and the public. We do not, however, undertake any affirmative obligation to examine Content or disclose Content to any third party for any reason. You understand that your Content may be transmitted over a number of different networks and people other than those on the Website could gain access to it.
NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to other users through the Website's messaging system is expressly prohibited by the Terms and Conditions, and may subject you to civil and criminal penalties.
9. Local and International Laws
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, as well as all laws relating to accommodations and the use thereof.
The Website and Content available through the Website may contain links to other websites, which are completely independent of GuestVessel. GuestVessel makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of the Website, and you agree that under no circumstances will GuestVessel be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Website.
11. Content Submitted by Users
We do not own any of the Content submitted to the Website by members. However, with respect to Content you submit, in any fashion, by any means, and for any purpose, or make available for inclusion on publicly accessible areas of the Website, you grant us the following world-wide, royalty free and non-exclusive, perpetual, transferable, irrevocable license(s), as applicable:
With respect to Content you submit or make available to us, you grant us the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content and the irrevocable right to sub-license the Content with the sub-licensee having the right to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. You grant GuestVessel and any of its affiliates and sub-licensees the unconditional right to use your [user][member] name and/or other identifying information you submit in connection with the Website and/or promotion of the Website, including but not limited to, attribution of your comments or reviews (for example, listing your name and hometown on a review that you submit) at our discretion.
12. Third Party Websites, Links, Content and Services
The Website and Content available through the Website may contain features and functionalities that may link you or provide you with access to third-party content which is completely independent of the Website, including third-party websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. You acknowledge that we have no control over such sites and resources, and you agree that we are not responsible for the content, functionality, availability, advertising, products, or other materials or services of such sites or any additional links contained therein. The existence of a link on the Website does not constitute or imply an endorsement in any manner whatsoever of such third-party site, service, product, material, or content thereon. You assume full liability, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with your access to, use of, or reliance on any element of such link or third-party site or resource.
Your interactions with organizations and/or individuals found on or through the Website, including members, and including provision of accommodation, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any member, or any other party or third-party. We do not control such parties, third-parties, or any other website and are not responsible for their actions, content or the privacy or other practices of any other website.
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders, attorneys, joint-ventures, employees, or other partners, harmless from any claim or demand, including attorney's fees, made by (i) any third party due to or arising out of Content you submit, post, transmit or make available to us and (ii) any other member arising out of a transaction or stay arranged via the Website (including, without limitation, for damage to or loss of real or personal property, personal injury, the violation of any law, or the breach of any lease or agreement relating to real property).
14. No Resale of Service
You agree not to reproduce, duplicate, copy, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, sell, resell or exploit for any commercial purpose, or any other purpose, any of the information or services obtained from the Website, including Content.
15. Limitations on Service,/p>
You acknowledge that GuestVessel may establish limits concerning use of the Website, including the maximum number of days that Content will be available on the Website, the maximum number and size of postings, or other Content that may be transmitted or stored by the Website, and the frequency with which you may access the Website. You understand that the technical processing and transmission of the Website, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree that GuestVessel has no responsibility or liability for the deletion or failure to store any Content, maintained or transmitted by the Website. You acknowledge that GuestVessel reserves the right at any time to modify or discontinue the Website with or without notice, and that GuestVessel shall not be liable to you or to any third party in any manner whatsoever for any modification, suspension or discontinuance of the Website.
You understand and agree that we may terminate your account at any time if we determine that you have violated any of the Terms and Conditions, violate any applicable law, or if we determine that it is in our best interests or in the best interests of other members to do so.
17. Dealings With Other Members
Your dealings with other members or advertisers found on or through the Website are solely between you and such other party. You agree that GuestVessel shall not be responsible or liable for any loss or damage whatsoever incurred as the result of any such dealings. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any member, advertiser, or any other party or third-party you come into contact with through your use of the Website. We do not control such parties, and are not responsible for their actions or inactions in any manner whatsoever.
18. Our Proprietary Rights
You acknowledge and agree that the Content and software used by us, as well as any photos, graphics, text or other material appearing on our site, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on anything found on our site.
Notices to you may be made via either email or regular mail. We may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices to you generally on the Website.
20. Trademark Information
GuestVessel.com, the GuestVessel.com logo, trademarks and service marks, and other GuestVessel.com logos and product and service names are trademarks of GuestVessel (the "Marks"). You agree not to display or use the Marks in any manner without the prior written permission of [GuestVessel, LLC], in each instance.
21. General Information
(a) The Terms and Conditions constitute the entire agreement between you and GuestVessel and governs your use of GuestVessel and the Website, superseding any prior agreements between you and GuestVessel. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms and Conditions and the relationship between you and GuestVessel shall be governed by the laws of the State of New York without regard to its conflicts of law provisions. You and GuestVessel agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York, First or Second Departments. You acknowledge that GuestVessel shall have the right to take legal action against you if your actions violate Terms and Conditions to the detriment of GuestVessel or any of its affiliates. The failure of GuestVessel to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of Terms and Conditions shall remain in full force and effect. In case any provision in or obligation hereunder or any other Credit Document shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions or obligations, or of such provision or obligation in any other jurisdiction, shall not in any way be affected or impaired thereby. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of GuestVessel or the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.
22. These terms and conditions and any disputes or controversies arising in connection with your use of the Website or services provided by GuestVessel shall be governed by the laws of the State of New York. Furthermore, you hereby consent to the exclusive jurisdiction for all matters arising out of your use of the Website or the services provided by GuestVessel by the courts of the State of New York located in the City of New York, Borough of [Manhattan]/[Brooklyn].
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