1.2 By accessing the Website or using the Services, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all paid notices provided to you in electronic form. Please print a copy of this Agreement for your records. This Agreement may be modified by eGetinnz from time to time, such modifications to be effective upon posting by eGetinnz on the Website.
1.3 By using the Services, you consent to receive this Agreement in electronic form by using the Services. To withdraw this consent, you must cease using the Services and terminate your account.
1.4 Our service is a platform that connects the host to renter who is looking for accommodation which are listed in eGetinnz.com.
Host are considered independent third party service providers under agreement with eGetinnz. "). Unless otherwise agreed by eGetinnz.com in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
YOU ACKNOWLEDGE THAT eGetinnz.COM DOES NOT PROVIDE ACCOMODATION OR LOGISTICS SERVICES OR FUNCTION AS A HOST.
2.1 You must be at least 18 years of age to access and use the Services. Any use of the Services is void where prohibited. By accessing and using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Using the Services may be prohibited or restricted in certain countries. If you use the Services from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Website or Services.
3.1 You may register as a Member at no cost. As a Member, you may use some, but not all, of the features and Services that may be available within the Services. To access or use certain additional features and Services which eGetinnz may in its sole discretion offer at certain times, you may also become a paying subscriber to the Services. The policies of such additional Services that are disclosed to you when you subscribe to the Services are a part of this Agreement. Absent special offers, you acknowledge and agree that if you are not a subscriber, you will not be able to use all the features and Services available within the Services. A Member profile (both subscribers and non-subscribers) may remain posted on the Website even if that Member is not actively using the Services.
4.1 This Agreement will remain in full force and effect while you use the Services and/or are a Member.
4.2 All listings are active until the termination date ("Listing Termination Date") set by the Member posting the listing. If such a Listing Termination Date is not set, then the listing is considered active.
4.3 You may de-activate your Listing at any time by setting the Listing Termination Date.
4.4 You may change or cancel your membership at any time, for any reason, by sending a notice of cancellation email to: admin@eGetinnz.com.
4.5 eGetinnz may terminate or suspend your listing and/or membership in the Services at any time without notice if eGetinnz believes that you have breached this Agreement. Upon such termination or suspension, you will not be entitled to any refund of unused fees (if applicable) and, if applicable, all unpaid amounts and other fees you owe will immediately be due. eGetinnz is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
4.6 After your membership or listing is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
4.7 In the event of any breakdown or stoppage of our website, we will issue credit upon request or on a case to case basis. Credit provided will only be in the form of extending the listing or paid subscription which is equivalent to the days the website was down.
4.8 eGetinnz has the right to reject any membership.
4.9 In the event that the member has more than two (2) charge back per year from his customer, eGetinnz may exercise the right to reject his customer's subsequent membership.
We will not be able to issue credit based on the following exceptions:
5.1 Circumstances that are beyond reasonable control, including , without limitation, acts of war, insurrection, sabotage, embargo, natural disaster (i.e. fire, flood, earthquake, tornado, etc.,), strike or any disturbance, interruption of or delay in transportation, communication or third party Services failure.
5.2 Software bugs or flaw
5.3 Network floods, attacks from outside party or individual.
5.4 Downtime due to routine maintenance.
6.1 The Website and Services is for personal use only. Members may not use the Services in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or Services not offered by eGetinnz or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the Website may not use any information obtained from the Services to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Services or the Website for any purpose. eGetinnz may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website.
7.1 YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT eGetinnz CURRENTLYÂ DOES NOT Â CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS. eGetinnz ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF OR INFORMATION PROVIDED BY ITS MEMBERS. eGetinnz MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. eGetinnz RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
7.2 eGetinnz is not responsible for the conduct of any Member. As noted in and without limiting Sections 24 and 25 below, in no event shall eGetinnz, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website or Services including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you meet through the Services. You agree to take all necessary precautions in all interactions with other Members, particularly if you decide to communicate off the Website or meet in person, or if you decide to send money to another Member. You understand that eGetinnz makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Services. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Members except by going through eGetinnz.
8.1 eGetinnz owns and retains all proprietary rights in the Website and the Services, and in all content, trademarks, trade names, Services marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of eGetinnz and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, Services marks, or other intellectual property or proprietary information accessible on the Website or through the Services, without first obtaining the prior written consent of eGetinnz or, if such property is not owned by eGetinnz, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
9.1 You are required to maintain the confidentiality of all logins and passwords. You are solely responsible for the activities that occur under your account, login or password.
9.2 You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, "post") on the Services or transmit to other Members, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, "Content"). You may not post on the Website or as part of the Services, or transmit to eGetinnz or any other Member (either on or off the Website), any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person's rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
9.3 You understand and agree that eGetinnz may, but is not obligated to, monitor or review any Content you post on the Website or as part of a Services. eGetinnz may delete any Content, in whole or in part, that in the sole judgment of eGetinnz violates this Agreement or may harm the reputation of the Website or eGetinnz. eGetinnz may restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.
9.4 By posting Content on the Website or as part of the Services, you automatically grant to eGetinnz, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, (iii) sell all contents without sharing proceeds generated with you there from. You represent and warrant that any posting and use of your Content by eGetinnz will not infringe or violate the rights of any third party and/or you.
9.5 In addition to the types of Content described in Section 8(a) above, the following is a partial list of the kind of Content that is prohibited on the Website. You may not post, upload, display or otherwise make available Content that:
9.5.1 promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
9.5.2 advocates harassment or intimidation of another person;
9.5.3 requests money from, or is intended to otherwise defraud, other users of the Website or Services;
9.5.4 involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" (or "spimming", "phishing", "trolling" or similar activities);
9.5.5 promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
9.5.6 promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
9.5.7 contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
9.5.8 contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
9.5.9 provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
9.5.10 provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone's privacy, or providing, disseminating or creating computer viruses;
9.5.11 contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
9.5.12 impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
9.5.13 provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
9.5.14 disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users' ability to engage in real time exchanges;
9.5.15 solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person's personal information without his or her permission; and
9.5.16 publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
9.6 eGetinnz reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the Website or Services and terminating or suspending the membership of such violators. Your use of the Website and Services, including all Content you post through the Services, must comply with all applicable laws and regulations. You agree that eGetinnz may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer Services or allow you to use the Website in the future; or (v) protect the rights, property or personal safety of eGetinnz or any other person.
eGetinnz reserves the right to investigate and/or terminate your membership if you have misused the Services or behaved in a way eGetinnz regards as inappropriate or unlawful, including actions or communications the occur off the Website but involve Members you meet through the Services. The following is a partial list of the type of actions that you may not engage in with respect to the Services. You will not:
10.1 impersonate any person or entity.
10.2 solicit money from any Members.
10.3 post any Content that is prohibited by Section 9.
10.4 "stalk" or otherwise harass any person.
10.5 express or imply that any statements you make are endorsed by eGetinnz without our specific prior written consent.
10.6 ask or use Members to conceal the identity, source, or destination of any illegally gained money or products.
10.7 use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Website, Services or its contents.
10.8 collect usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website.
10.9 interfere with or disrupt the Services or the Website or the servers or networks connected to the Services or the Website.
10.10 email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
10.11 forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Website or Services (either directly or indirectly through use of third party software).
10.12 "frame" or "mirror" any part of the Services or the Website, without eGetinnz's prior written authorization.
10.13 use meta tags or code or other devices containing any reference to eGetinnz, the Website or the Services (or any trademark, trade name, Services mark, logo or slogan of eGetinnz) to direct any person to any other website for any purpose.
10.14 modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or the Website or any software used on or for the Services or the Website, or cause others to do so.
10.15 post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Website or the Services other than solely in connection with your use of the Services in accordance with this Agreement.
11.1 eGetinnz provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives (whether over the telephone, or via email or letter), you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused advertisement fees.
12.1 eGetinnz bills you through an online account (your "Billing Account") for use of the Services. You agree to pay eGetinnz all charges at the prices you agreed to for any use of the Services by you or other persons (including your agents) using your Billing Account, and you authorize eGetinnz to charge your chosen payment provider (your "Payment Method") for the Services. You agree to make payment using that selected Payment Method. eGetinnz may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This Section includes any agreements you made with eGetinnz on the Website when becoming a Member or advertising at our Website. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, eGetinnz may in its discretion terminate your account immediately. If eGetinnz successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or advertisement reinstated.
12.2 You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify eGetinnz if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made at "My Profile" on the Website. If you fail to provide eGetinnz any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
13.1 Definitions of Certain Key Terms
Listing/ Lodging refers to a residential or other property listed by a Member as available for another Member to request a booking to rent through the Website and Services.
Host refers to a Member who creates a Listing via the Website and Services.
Renter refers a Member who requests from a Host a booking of a Lodging via the Website or Services, or a Member who stays at a Lodging (but is not the Host for such Lodging).
Booking Request Period refers to the time period beginning at the time when a Renter requests a booking (as determined by eGetinnz in its sole discretion). As explained on the Website or Services, a Host may decide whether to confirm or reject that booking request within the Booking Request Period. Please note that different Booking Request Periods may apply in different instances.
Tax or Taxes refers to any sales taxes, value added taxes ("VAT"), goods and Services taxes ("GST"), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, or certain fees (e.g. convention center fees) that Lodging providers may be required by law to collect and remit to governmental agencies, and other similar federal, state, municipal, national indirect or other withholding taxes, and personal or corporate income taxes.
Lodging Fees refers to the amounts payable by the Renter for that Renter's stay in the Lodging. The Host (not eGetinnz) is solely responsible for the Lodging Fees of the Host's Listing. The Host in the Host's sole discretion may decide to include in these amounts (a) a cleaning fee or any other fee permitted on the eGetinnz platform, or (b) Taxes which the Host has to collect (as determined by the Host).
Renter Fees refers to the fee eGetinnz charges the Renter for the use of the Services, which is calculated as a percentage of the Lodging Fees. When the Renter is asked whether to send a booking request to the Host, the Renter Fees will be shown to the Renter.
Host Fees refers to the fee eGetinnz charges the Host for the use of the Services, which is calculated as a percentage of the Lodging Fees. When the Host is asked whether to confirm of reject a booking request from a potential Renter, the Host Fees will be shown to the Host.
Services Fees refers to the amount which is the sum of the Renter Fees to the Host Fees.
Total Fees refers to the amount which is the sum of the Lodging Fees, the Renter Fees, and any applicable Taxes
13.2 Responsibilities of Hosts and Renters, and eGetinnz's role as the Host's Limited Payment Transmitting Agent
13.2.1 eGetinnz is a housing listing portal designed to connect Hosts and Renters so they can potentially arrange bookings of Lodgings directly with each other. eGetinnz is not an owner or operator of properties including but not limited to hotel rooms, motel rooms, other lodgings or Lodgings. eGetinnz is not a provider of properties including but not limited to hotel rooms, motel rooms, other lodgings or Lodgings. eGetinnz does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties including but not limited to hotel rooms, motel rooms, other lodgings or Lodgings or transportation or travel Services. Unless explicitly specified otherwise in the eGetinnz platform, eGetinnz's responsibilities are strictly limited to: (i) making available the Website and Services and (ii) serving as the limited payment transmitting agent of the Host to transmit payments from Renters to the Host.
13.2.2 Each Host hereby appoints eGetinnz as the limited payment transmitting agent of the Host to transmit payments from Renters to the Host. Each Host agrees that payment made by a Renter via eGetinnz shall be considered the same as payment made directly to the Host, and the Host will make the Lodging available to the Renter in the agreed-upon manner as if the Host has received the Lodging Fees. Each Host agrees that eGetinnz may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (a) permit the Renter to cancel the booking and (b) refund (via eGetinnz) to the Renter the portion of the Lodging Fees specified in the applicable cancellation policy. Each Host understands that eGetinnz accepts payments from Renters as the Host's limited payment transmitting agent, and that eGetinnz's obligation to pay the Host is subject to and conditional on the successful receipt of the related payments from Renters. eGetinnz does not guarantee payments to Hosts for amounts that have not been successfully received by eGetinnzs from Renters. eGetinnzs assumes no liability for any acts or omissions of the Host in accepting appointment as the Host's limited payment transmitting agent.
13.2.3 You agree that you are solely responsible for any and all information regarding the Listings and Content posted by you. You represent and warrant that any Listing you post and the booking of, or a Renter's stay at, a Lodging in a Listing you post (a) will (i) be compliant with all applicable laws including but not limited to zoning laws and laws governing residential, commercial or other rentals, Tax requirements, and rules and regulations that may be applicable to any Lodging included in a Listing posted by you (including but not limited to all required permits, licenses and registrations), and (ii) not conflict with the rights of any third party, and (b) will not breach any agreements you have entered into with any third parties including but not limited to homeowners association, condominium, lease or rental agreements. At any time and without prior notice, eGetinnz reserves the right to remove or disable access to any Listing for any reason, including Listings that eGetinnz considers in its sole discretion to be objectionable for any reason, or in violation of these Terms or eGetinnz's then prevailing Policies and Community Guidelines (provide link), or otherwise harmful to the Website or Services.
13.2.4 You as a Host agree that eGetinnz does not act as your contracting agent or as an insurer. If a Renter requests a booking of your Lodging or stays at your Lodging, any agreement you enter into with such Renter is an agreement solely between you and the Renter to which eGetinnz is not a party. eGetinnzs only serves as the limited payment transmitting agent of the Host to transmit payments from Renters to the Host.
13.2.5 Even though eGetinnz provides certain tools to you as a Host to make informed decisions about other Members, you agree that you as a Host are solely responsible for your own acts and omissions and are also solely responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Lodging at your request or invitation, excluding the Renter (and the individuals, if any, invited to the Lodging by the Renter).
13.2.6 HOSTS SHOULD HAVE OR CHECK THEIR OWN INSURANCE: eGetinnz recommends that the Hosts obtain necessary or suitable insurance for their Lodgings. You as a Host should review carefully any insurance policy you may have for your Lodging, paying particular attention to any exclusions to, and any deductibles that may be applicable for, such insurance policy, including but not limited to whether or not your insurance policy will cover the actions or inactions of Renters and the individuals, if any, invited by the Renters to the Lodging.
13.2.7 The Hosts, not eGetinnz, are solely responsible for honoring any confirmed bookings and making available any Lodgings reserved via the Website and Services. If you as a Renter choose to enter into a transaction with a Host for booking a Lodging, you agree that you will be required to enter into an agreement with the Host and to accept any terms, conditions, riles and restrictions associated with such Lodging imposed by the Host. You agree that you, not eGetinnz, will be (a) solely responsible for performing the obligations of such agreement, and (b) eGetinnz is not a party to such agreement, and (c) with the exception of its payment obligations hereunder, eGetinnz disclaims all liability regarding any such agreement. You also agree that, notwithstanding the fact that eGetinnz is not a party to the agreement between you and the Host, eGetinnz acts as the Host's limited payment transmitting agent for the sole purpose of transmitting the payment from you to the Host.
13.2.8 eGetinnz charges the Services Fees as consideration for providing the use of eGetinnz's online platform and services. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Hosts Fees and Renter Fees. eGetinnz deducts the Host Fees (and any applicable Taxes related the Host Fees such as VAT in Europe) from the Lodging Fees before remitting the balance to the Hosts as described in these Terms. eGetinnzs will remit the balance to Hosts via PayPal, check, direct deposit or other payment methods as described on the Website, in the Host's currency of choice, depending on the selections the Host makes via the Website and Services. Please note that eGetinnzs may impose or deduct foreign currency processing costs on or from any payments or payouts by eGetinnz in currencies other than U.S. Dollars. More information on any such costs or deductions will be available via the Website. More information on Services Fees can be found at (link). Services Fees are non-refundable except as otherwise provided hererin.
13.2.9 Please note that eGetinnz currently does not charge fees for the creation of Listings. However, as a Host you agree that eGetinnz reserves the right in its sole discretion to charge you for and collect fees from you for the creation of Listings. Please note that eGetinnz will provide notice of any Listing Fee collection via the Website and Services prior to the implementation of such procedure of charging a Listing fee.
13.3 Registering as a Member
13.3.1 Only Members can use the Website and Application to view Listings, create a Listing, or to book a Lodging. To become a Member, you must first register to create an account ("eGetinnz Account").
13.3.2 You may register directly via the Website or indirectly using your account with certain third-party social networking Websites ("SNS Account"). To register indirectly, you link your eGetinnz Account with SNS Account by providing your SNS Account login information to eGetinnz via the Website or Services, or by allowing eGetinnz to access your SNS Account as permitted under the SNS's terms and conditions. You represent that you are entitled to disclose your SNS Account login information to eGetinnz and/or grant eGetinnz access to your SNS Account, (including, but not limited to, for the use for the purposes described herein), without breach by you of any of the SNS's terms and conditions of the SNS and without obligating eGetinnz to pay any fees or making eGetinnz subject to any usage limitations imposed by such SNS Services providers. By granting eGetinnz access to any SNS Accounts, you understand that eGetinnz will access, make available and store (if applicable) any Content you have provided to your SNS Account ("SNS Content") and that such SNS Content is available on and through the Website and Services via your eGetinnz Account. Unless otherwise specified in these Terms, all SNS Content, if any, will be deemed as Content posted by you on the Website and Services for all purposes of this Agreement. Depending on your selected SNS Account and subject to your privacy settings in such SNS Account, personally identifiable information that you post to such SNS Account will be available on and through your eGetinnz Account on the Website and Servixes. Please note that if a SNS Account is terminated by the SNS Services provider, the SNS Content will no longer be available on and through the Website and Services. You are able to sever the connection between your eGetinnz Account and your SNS Accounts at any time by using the "Settings" section of the Website, PLEASE NOTE THAT YOUR RELATIONSIP WITH THE SNS SERVICES PROVIDERS ASSOCIATED WITH YOUR SNS ACCOUNTS IS SOLELY GOVERNED BY YOUR AGREEMENT(S) WITH SUCH SNS SERVICES PROVIDERS. eGetinnz makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement. eGetinnz is not responsible for any SNS Content.
13.4 Creating Listing, Requesting a Booking, and Confirming a Booking
13.4.1 When creating a Listing, you must provide information on the Lodging including but not limited to location (a valid physical address), availability, capacity, size and features, as well as pricing, financial terms and related rules. You agree that once a Renter requests a booking of your Lodging, you may not request the Renter to pay a price higher than the price in the booking request.
13.4.2 When you create a Listing you may choose to set up certain requirements which a Member must meet to request a booking of your Lodging, such as a profile picture or verified phone number. More information is provided in the "Hosting" section of the Website and Services.
13.4.5 When a booking is requested for your Lodging via the Website or Services, you as a Host must either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will be automatically cancelled. When there is a booking request, eGetinnz will show you (a) the name of the Renter requesting the booking, (b) a link to the Renter's eGetinnz Account profile page, (c) in the case where both the Renter and Host have connected their eGetinnz Accounts to SNS, the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Renter on such SNS, and (d) an indication of whether the Renter has provided other information to eGetinnz such as verified email address, connection to SNSs, or a government ID. If you do not confirm a booking request within the Booking Request Period, any amounts collected by eGetinnz for the requested booking will be refunded to the Renter and/or any pre-authorization related to the booking request will be cancelled. When you confirm a booking requested by the Renter, eGetinnz will send you an email, text message or message via the Website or Services (depending on the selections you specify via the Website or Services) to confirm such booking.
13.5 Payment of fees from Renter to Host
13.5.1 eGetinnzs will collect the Total Fees from the Renter at the time of booking confirmation. eGetinnzs will initial payment of the Lodging Fees less Host Fees and any Taxes in respect of Host Fees (such as VAT in Europe) to the Host within 24 hours of the Renter's arrival at the Lodging (except to the extent that a refund is due to the Renter). The time it takes the Host to receive payouts may depend on the payment method chosen by the Host. Some methods may involve third party payment processors who may impose their own additional charges for the use of the Services on the Host, including but not limited to deducting their charges from the payout amount.
13.5.2 If you owe or agree to pay any amount to eGetinnz via eGetinnz (e.g. as a result of your actions as a Renter or a booking or otherwise), eGetinnzs may (but is not obligated to) withhold such amount owed to eGetinnz from any payout amount due to you as a Host, and use such withheld amount to set off the amount owed by you to eGetinnz. If eGetinnz withholds such amount, your obligation to pay eGetinnz will be extinguished to the extent of the amount withheld by eGetinnzs, and eGetinnz will no longer owe you any obligations (including but not limited to any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if you amount is delinquent or if you otherwise have chargebacks on your account, you may be charged fees that are incidental to eGetinnz's collection of these delinquent amounts and chargebacks. Such fees may include but are not limited to collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to eGetinnz by you. Such communication may be made by eGetinnz or by anyone on its behalf, including but not limited to a third party collection agent.
13.5.3 The Total Fees payable will be shown to a Renter before the Renter sends a booking request to a Host. The Host is required to either confirm or reject the booking request within the Booking Request Period, or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by eGetinnzs will be refunded to the Renter, depending on the selections the Renter makes via the Website, and, if applicable, any pre-authorization of such Renter's credit card will be released.
13.5.4 You as a Renter agree to pay eGetinnz the Total Fees for any booking requested in connection with you eGetinnz Account if such requested bookings are confirmed by the applicable Host. Accordingly, you agree that eGetinnzs, on behalf of the Host, reserves the right in its sole discretion to (a) obtain a pre-authorization via your credit card for the Total Fees, or (b) charge your credit card a nominal amount, not to exceed ($1), or a similar sum in the currency in which you are transaction (e.g. one euro or one British pound), to verify your credit card. As a general rule, eGetinnz will collect the Total Fees once eGetinnz receives confirmation of your booking from the applicable Host. If necessary, Total Fees may be collected at a later point. Please note that eGetinnz cannot control any fees that may be charged to a Renter by his or her bank related to eGetinnz's collection of the Total Fees, and eGetinnz disclaims all liability in this regard.
13.5.5 In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to eGetinnz or its third party payment processor(s). You agree to pay eGetinnzs for any confirmed bookings made in connection with your eGetinnz Account in accordance with these Terms by one of the methods described in the Website, e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by eGetinnzs or indirectly via a third party online payment processor or by one of the payment methods described on the Website. You also authorize eGetinnzs to charge your credit card in the event of damage caused at a Lodging as contemplated under "Damage to Lodgings" If you are directed to eGetinnz's third party payment processor(s), you may be subject to the terms and conditions of that third party and that third party's personal information collection practices. Please review such terms and conditions and private policy before using its Services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
13.6 Cancellation of a Booking Request, and Cancellation of a Confirmed Booking
13.6.1 If you as a Renter cancel your requested booking before the requested booking is confirmed by a Host, eGetinnz will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit account in connection with the requested booking within a reasonable time. If you as a Renter wish to cancel a confirmed booking made via the Website and Services, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Lodging Fees and other amounts charged to you will depend on the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Website. IF A RENTER CANCELS A CONFIRMED BOOKING, THE RENTER FEE IS NON-REFUNDABLE REGARDLESS OF THE CANCELLATION POLICY SELECTED BY THE HOST.
13.6.2 If a Host cancels a confirmed booking made via the Website and Services,
13.6.3 If you as a Host cancel a confirmed booking, you agree that eGetinnz may apply penalties or consequences to you or your Listing, including:
13.6.4 In certain circumstances, eGetinnz may decide in its sole discretion that it is necessary or desirable to cancel a confirmed booking made via the Website and Services. This may be for reasons set forth in eGetinnz's Extenuating Circumstances policy (link) or for any other reason. eGetinnz may also determine in its sole discretion to refund to the Renter all or part of the amounts charged to the Renter in accordance with the Renter Refund Policy (link). You agree that eGetinnz and the relevant Host or Renter will not have any liability for such cancellations or refunds.
13.6.5 As a Host, if your Renter cancels a confirmed booking or eGetinnz decides it is necessary to cancel a confirmed booking, and eGetinnz issues a refund to the Renter in accordance with the Renter Refund Policy or other applicable refund policies, you agree that in the event you have already been paid eGetinnz shall be entitled to recover the amount of any such Renter refund from you, including by subtracting such refund amount out from any future Lodging Fees due to you.
14.1 eGetinnz may be required by tax regulations to withhold taxes from payouts to Hosts and/or to collect tax information from Hosts. For instance, IRS regulations stipulate that eGetinnz must collect an IRS Form W-9 from U.S. Hosts, and an appropriate IRS Form W-8 (e.g. Form W-8BEN) from non-U.S. hosts with at least one Listing in the U.S. You as a Host are solely responsible for keeping the information in your tax forms accurate, current and complete. eGetinnz reserves the right in its sole discretion to freeze all payouts to any Host and/or withhold such amounts as required by law if such Host fails to provide eGetinnz with documentation eGetinnz determines to be sufficient to alleviate eGetinnz's obligation (if any) to withhold taxes from payments to such Host (e.g. if the Host is a U.S. Host and fails to provide eGetinnz with a completed IRS Form W-9).
14.2 You as a Host agree that you are solely responsible for determining (a) your applicable Tax requirements, (b) the Taxes which should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting any Taxes included or received by you to the appropriate Tax-related authority. eGetinnz does not offer Tax-related advice to any Member; Members should consult their own Tax advisors.
14.3 eGetinnz may issue a valid VAT invoice to a Host where applicable, or upon a request from such Host.
14.4 You acknowledge that certain government agencies, departments or authorities ("the Tax Authority") based on the location of your Lodging may require Taxes to be collected from Hosts or Renters on the amount paid for the right to use and/or occupy such Lodging, and be remitted to the respective Tax Authority. The applicable law in each jurisdiction may be different, but these taxes may be required to be collected and remitted as a percentage of the rent or Lodging Fees set by Hosts, a set amount per day, or using other calculation methods, and are sometimes called "occupancy taxes", "hotel taxes", "lodging taxes", "sales and use taxes", "value added taxes", "room taxes", "transient taxes" or "room taxes" etc (hereafter, "Occupancy Taxes")
14.5 eGetinnz may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Hosts or Renters in certain tax jurisdictions based on your directions in this Agreement ("Collection and Remittance") if such tax jurisdiction asserts eGetinnz to have an obligation of tax collection and remittance. In any tax jurisdiction where eGetinnz has decided to facilitate direct Collection and Remittance, instead of the Host collecting Occupancy Taxes from Renters and remitting to the Tax Authority, you as a Host or a Renter hereby instruct and authorize eGetinnz to collect Occupancy Taxes from Renters on behalf of the Host at the time Lodging Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. When eGetinnz facilitates Collection and Remittance of Occupancy Taxes in a tax jurisdiction for the first time, eGetinnz will provide notice to existing Hosts with Listings for Lodgings in such tax jurisdiction The Host will be notified in the listing creation flow when a new listing is created in a tax jurisdiction where eGetinnz facilitates Collection and Remittance of Occupancy Taxes. The transaction documents of the Hosts and Renters will separately show the amount of Occupancy Tax (if any) collected and remitted by eGetinnz. Where eGetinnz is directly facilitating Collection and Remittance, Hosts and Renters agree that Hosts are not permitted to collect or attempt to collect any Occupancy Taxes relating to their Lodgings on eGetinnz in such tax jurisdiction. You expressly agree to release, defend, indemnify, and hold eGetinnz and its affiliates and subsidiaries, and their officers, directors, employees and agents harmless from and against all claims, liabilities, damages, losses, debts, obligations and expenses, including but not limited to the applicability, calculation, collection and remittance of Occupancy Taxes in any amount or at all as to your transactions or Lodging. For any tax jurisdiction where eGetinnz facilitates Collection and Remittance, Renters and Hosts expressly grant eGetinnz permission, without further notice, to store, transfer and disclose to the appropriate Tax Authority data and other relevant information pertaining to such Renters and Hosts and their Transactions, Bookings, Lodgings and Occupancy Taxes, including, but not limited to, personally identifiable numbers, transaction dates, transaction amounts, listing addresses, the amount of taxes collected from Renters or allegedly due, contact information and other similar information.
14.6 For some tax jurisdictions, eGetinnz may decide in its sole discretion to facilitate Occupancy Tax collection on behalf of Hosts and Renters based on a Host's direction to opt-in to a specific Occupancy Tax line item in the booking process where such Hosts directs the Occupancy Taxes from Renters to be sent directly to the Hosts and the Host will remit such directly to the Tax Authority ("Opt-in for Host Remittance"). In any tax jurisdiction where eGetinnz has decided to facilitate Collection by Opt-in for Host Remittance, you as a Host or a Renter hereby instruct and authorize eGetinnz to send Occupancy Taxes received from Renters at the time Lodging Fees are collected to Host who is obligated to send such taxes to the Tax Authority directly. If eGetinnz offers and a Host selects Opt-in for Host Remittance in any tax jurisdiction, Hosts and Renters remain solely responsible and liable for the payment and remittance of any and all taxes that may apply to Lodgings. You agree that eGetinnz is not responsible for, and will not send any such Occupancy Taxes to the Tax Authority under Opt-in to Host Remittance of Taxes. You hereby agree that through third party payment processors, eGetinnz is only processing your election and direction to have Occupancy Taxes from Renters sent directly to the Host for remittance by the Host to the Tax Authority. You expressly agree to release, defend, indemnify, and hold eGetinnz and its affiliates and subsidiaries, and their officers, directors, employees and agents harmless from and against all claims, liabilities, damages, losses, debts, obligations and expenses, including but not limited to the applicability, calculation, collection and remittance of Occupancy Taxes in any amount or at all as to your transactions or Lodging. For any tax jurisdictions where eGetinnz facilitates Opt-in for Host Remittance, Hosts and Renters expressly grant eGetinnz permission, without further notice, to store, transfer and disclose to the appropriate Tax Authority data and other relevant information pertaining to such Renters and Hosts and their Transactions, Bookings, Lodgings and Occupancy Taxes, including, but not limited to, personally identifiable numbers, transaction dates, transaction amounts, listing addresses, the amount of taxes collected from Renters or allegedly due, contact information and other similar information.
14.7 You as a Host or a Renter agree that any claim or cause of action relating to eGetinnz's facilitation of Collection and Remittance of Taxes or Opt-in Remittance shall not extend to any supplier or vendor (if any) that may be used by eGetinnz in connection with facilitation of Collection and Remittance of Taxes or Opt-in Remittance, You as a Host or a Renter agree that eGetinnz may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by eGetinnz from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.You as a Host or a Renter remain solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Lodgings in any tax jurisdiction where eGetinnz has not provided notice of, or are no facilitating (or are no longer facilitating) the collection and remittance of Occupancy Taxes by Collection and Remittance of Taxes, Opt-in for Host Remittance, or any other means. You as a Host or a Renter agree that for some tax jurisdictions, eGetinnz may decide not to facilitate collection or remittance of Occupancy Taxes or may not be able to facilitate the collection remittance of Occupancy Taxes. Hosts and Renters also agree that nothing contained in this Agreement represents or guarantees that eGetinnz will facilitate the collection or remittance of Occupancy Taxes anywhere at all, including in any specific tax jurisdiction, or that eGetinnz will continue to facilitate any collection or remittance of Occupancy Taxes on any specific tax jurisdiction where it nay have been offered. eGetinnz reserves the right in its sole discretion to discontinue any facilitation of any collection or remittance of Occupancy Taxes (regardless of method used or to be used in the future) for any reason or for no reason, provided that it will give Hosts reasonable notice.
14.8 Laws that may apply to your properties
Before you list your property at eGetinnz, you need to consider the laws, ordinances and regulations that are being implemented in your locale like:
15.1 eGetinnz takes steps to rectify any payment processing errors of which eGetinnz has become aware, which may include crediting or debiting the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
15.2 eGetinnz may, in its sole discretion, round up or round down amounts payable to or from Hosts or Renters to the nearest whole functional base units in which the currency is denominated (e.g. to the nearest U.S. dollar, euro, British pound, or other supported currency). For example, eGetinnz will round up an amount of $ 108.50 to $109.00, and round down $113.40 to $113.00. Some currencies are denominated in large numbers, in which case eGetinnz may determine the appropriate functional base unit to be 10, 100 or 1,000 of that currency. For example, eGetinnz may round 2,035 up to 2,040, and round 2,034 down to 2,030; or round 36,350 up to 36,400 and round 36,340 down to 36,300; or 888,500 up to 889,000 and 888,400 down to 888,000.
16. Information regarding Renter Overstaying without Host's consent and Damages to Lodgings
16.1 You as a Renter agree that a confirmed reservation is merely a license granted by the Host to the Renter to enter and use the Lodging only for the limited duration of the confirmed reservation and in accordance with your agreement with the Host. You as a Renter further agree to leave the Lodging no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you as a Renter stays past the agreed upon checkout time without the Host's consent, you no longer have a license to stay in the Lodging and the Host is entitled to demand your departure. In addition, you as a Renter agree that the Host can charge you an additional nightly fee of two times the average nightly Lodging Fee originally paid by you for each 24 hour period that you stay over the agreed period without the Host's consent in order to compensate for the inconvenience suffered by the Host, plus all applicable Services Fees, Taxes, and any legal expenses incurred by the Host to demand your departure (collectively, "Additional Sums"). You as a Renter agree that eGetinnzs, in its role as limited payment transmitting agent for the Host, shall charge your credit card or other payment methods it has on file to collect these Additional Sums. In addition, eGetinnzs may recover any costs and expenses it incurs in collecting the Additional Sums by charging the Renter's credit card or other payment method on file.
16.2 You as a Renter agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Lodging. You as a Renter are responsible for leaving the Lodging in the condition it was in when you arrived. In the event that a Host claims damages and provides evidence of such damages (which may include but not limited to photographs), you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your eGetinnz Account. eGetinnz also reserves the right to charge the credit card on file in your eGetinnz Account, or otherwise collect payment from you while using any available channels in cases where eGetinnz in its sole discretion has determined that you have damaged any Lodging and in relation to any payments made by eGetinnz to Hosts. If eGetinnz is unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Lodging to the applicable Host or to eGetinnz.
16.3 You as a Host or a Renter agree to cooperate with and assist eGetinnz in good faith and to provide eGetinnz with such information and take such actions as may be reasonably requested by eGetinnz in connection with any complaints or claims made by Members relating to Lodgings or any personal or other property located at a Lodging or with respect to any investigation undertaken by eGetinnz or a representative of eGetinnz regarding the use or abuse of the Website or the Services. Upon eGetinnz's request, you as a Renter agree to participate in mediation or similar resolution process with a Host.
16.4 You as a Renter agree that eGetinnz may make a claim under your homeowner's, renters or other insurance policy related to any damage or loss that you may have caused to or been responsible for a Lodging or any personal or other property located at a Lodging. You agree to cooperate with and assist eGetinnz in good faith, and to provide eGetinnz with such information as may be reasonably requested by eGetinnz, in order to make a claim under your homeowner's, renter's or other insurance policy, including but not limited to executing documents and taking such further acts as eGetinnz may reasonably request to assist eGetinnz in accomplishing the foregoing.
17.1 Definitions of currency terms
Host Listing Currency refers to the currency the Host chooses as the price of a Listing.
Host Payment Currency refers the currency the Host chooses as payout to the Host, Search Currency refers to the currency Members use to check Listing prices. Renters may choose different Search Currencies in several different supported currencies.
Renter Payment Currency refers to the currency a Renter pays for booking. When the Renter submits a booking request, eGetinnz will select the Renter Payment Currency based on the Renter's country of origin and the payment methods available for that country. Please note that the Renter Payment Currency for a booking may be different from the relevant Host Listing Currency, and there are a limited number of currencies as Renter Payment Currencies.
Basic Exchange Rate refers the exchange rate eGetinnz uses for foreign currency conversion at the time the foreign currency conversion is processed which does not include any fee or mark-up by eGetinnz. eGetinnz uses data from one or more third parties such as OANDA (http://www.oanda.com) to set the Basic Exchange Rate.
Adjusted Exchange Rate refers to a rate calculated by adding a mark-up to the Basic Exchange Rate. The mark-up represents compensation to eGetinnz for taking foreign currency risks and incurring holding costs.
17.2 eGetinnz platform allows users to view the price of Listings in a number of currencies, but the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location. Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$108.67 to buy �100.00, the currency conversion rate of US dollars to Euros would be 1.0867, and the currency conversion rate from Euros to US dollars would be 0.9202. Currency conversion rates will vary from time to time.
17.3 eGetinnzs will process a foreign currency conversion in the following situations:
17.4 When you as a Renter submit a booking request, you will be able to see the actual exchange rate used to determine the Total Fees in the Renter Payment Currency. You will also be able to see the mark-up if the Adjusted Exchange Rate is used. The actual exchange rate and the mark-up (if any) will also be shown in the billing receipt for your booking. eGetinnz updates the Basic Exchange Rate on a regular basis, but not on a real-time basis. eGetinnz does not always change the Basic Exchange Rate immediately when its costs of foreign exchange change. As a result, the Basic Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed. Please note that if your account in your payment company (for example, your credit or bank card issuer) is denominated in a currency different from the Renter Payment Currency or the Payment Currency, your payment company will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout. Third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are out of the control of or known to eGetinnz.
18.1 eGetinnz reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or the Services (or any part thereof) with or without notice. You agree that eGetinnz shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. To protect the integrity of the Website or the Services, eGetinnz reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website or Services.
19.1 You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
19.1.1 an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
19.1.2 a description of the copyrighted work that you claim has been infringed;
19.1.3 a description of where the material that you claim is infringing is located on the Website (and such description must be reasonably sufficient to enable eGetinnz to find the alleged infringing material, such as a url);
19.1.4 your address, telephone number and email address;
19.1.5 a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and Notice of claims of copyright infringement should be provided to eGetinnz's Copyright Agent at firstname.lastname@example.org or the following address:Copyright Agent
eGetinnz will terminate the account of repeat infringers.
21.1 You acknowledge and agree that neither eGetinnz nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted on the Website or provided in connection with the Services, whether caused by Members or any of the equipment or programming associated with or utilized in the Website or Services; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Member communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Services. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, eGetinnz PROVIDES THE WEBSITE AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. eGetinnz DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE OR IN THE SERVICES WILL BE CORRECTED.
21.2 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICES OR WEBSITE.
21.3 From time to time, eGetinnz may make third party opinions, advice, statements, offers, or other third party information or content available on the Website and/or through the Services. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. eGetinnz DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE WEBSITE OR PROVIDED THROUGH THE SERVICES, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR SERVICES. UNDER NO CIRCUMSTANCES WILL eGetinnz OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR SERVICES, OR TRANSMITTED TO OR BY ANY MEMBERS.
21.4 In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website or through the Services is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. eGetinnz makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website or Services. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
22.1 The Website may contain, and the Services or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that eGetinnz is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or Services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website or Services, including payment and delivery of related goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that eGetinnz shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or Services or other materials available on or through any such website or resource.
Bing Map (previously known as Microsoft Virtual Earth) combines local search with maps. This is supplied by Microsoft TM Corporation. You agree that you will comply with Microsoft's Services Agreement located at: http://windows.microsoft.com/en-us/windows/microsoft-Services-agreement
MLSListings Inc. Your use of MLSListings Inc., Services is subject terms and condition located at: http://mlslistings.com/terms
23.1 TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL eGetinnz, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICES PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICES INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF eGetinnz HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, eGetinnz'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AN eGetinnz CREDIT COUPON OF VALUE UP TO TEN PERCENT (10%) DISCOUNT ON FEES PAYABLE BY YOU TO eGetinnz FOR SERVICES, WITH SUCH CREDIT COUPON EXPIRING IN THIRTY (30) DAYS. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
24.1 The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Services, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against eGetinnz in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against eGetinnz any class action, class arbitration, or other representative action or proceeding.
24.2 By using the Website or the Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and eGetinnz (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
24.3 Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against eGetinnz (except for small-claims court actions) may be commenced only in the federal or state courts located in Santa Clara County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
24.4 This Agreement, and any dispute between you and eGetinnz, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
25.1 You agree to release, indemnify and hold eGetinnz, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), and in any matter, any postings or Content you post on the Website or as a result of the Services, and the violation of any law or regulation by you. This includes but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind incorrect arising in connection with or as a result of a rental, booking or use of a Accommodation; and (e) your participation in the Referral Program or your accrual of any eGetinnz Discounts.eGetinnz reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with eGetinnz in connection therewith.
26.1 eGetinnz may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. Such notices may not be received if you violate this Agreement by accessing the Services in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.
28.1 This Agreement is subject to change by eGetinnz at any time. The revised terms will be effective upon posting on the Website and your use of the Services after such posting will constitute acceptance by you of the revised Agreement.
The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:
29.1 You, the buyer, may cancel this agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to: eGetinnz.com, Attn: Customer Care 2127 Ringwood Avenue San Jose, CA 95131, USA. Please include your eGetinnz.com username and email address in any correspondence or your refund may be delayed. If you cancel, eGetinnz.com will return, within ten days of the date on which you give notice of cancellation, any payments you have made. If you send or deliver the notice to cancel your paid subscription agreement within such three day period, we will refund the full amount of your paid subscription.
29.2 In the event that you die before the end of your paid subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your paid subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the Services of eGetinnz.com) before the end of your paid subscription period, you shall be entitled to a refund of that portion of any payment you had made for your paid subscription which is allocable to the period after your disability by providing eGetinnz notice at the same address as listed above.
30.1 We currently only offer Services through our website. We do not conduct and shipping and delivery of physical goods based on our operation.