PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. IN PARTICULAR, USERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO PARTICIPATE IN THE PROCESS OF HELPING NEW TENANTS FIND AN APARTMENT. IN MANY CITIES, TENANTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING PROSPECTIVE TENANTS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. USERS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A SPACE ON JOINERY.
Last Updated: April 10, 2015
TERMS OF SERVICE
If you are using the Site, you are contracting with Joinery, LLC. with respect to use of the Joinery Site or Services, and with Joinery Payments, Inc. with respect to any payments or payouts from or to you conducted through the Site or Services.
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH DEPARTING TENANTS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) WITH PERMISSION FROM THEIR LANDLORDS FOR HOUSING RENTALS (DEFINED BELOW) AND PROSPECTIVE TENANTS (DEFINED BELOW) MAY LEARN ABOUT HOUSING FROM THE DEPARTING TENANT AND SIGN A LEASE WITH THE APPROVAL OF A LANDLORD (DEFINED BELOW). YOU UNDERSTAND AND AGREE THAT JOINERY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN DEPARTING TENANTS AND PROSPECTIVE TENANTS , NOR IS JOINERY A REAL ESTATE BROKER, AGENT OR INSURER. JOINERY HAS NO CONTROL OVER THE CONDUCT OF DEPARTING TENANTS, PROSPECTIVE TENANTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
“Joinery Content” means all Content that Joinery makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Viewing Request Period” means the time period starting from the time when a viewing is requested by a prospective tenant (as determined by Joinery in its sole discretion), within which a departing tenant may decide whether to confirm or reject that viewing request, as stated on the Site or Services. Different Viewing Request Periods may apply in different places.
“Collective Content” means Member Content and Joinery Content.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Prospective tenant” means a Member who requests from a departing tenant a viewing of a housing unit via the Site, Application or Services, or requests to rent a housing unit.
“Departing tenant” means a Member who creates a Listing via the Site, Application and Services.
“Listing” means a housing unit that is listed by a departing tenant as available for rental via the Site, Application, and Services.
“Member” means a person who completes Joinery’s account registration process, including but not limited to departing tenants and prospective tenants, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes that providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE SITE OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Joinery reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
How the Site and Services Work
The Site and Services can be used to facilitate the listing and renting of residential properties (“Rental Properties”). Such Rental Properties are included in Listings on the Site and Services by departing tenants. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to rent or view a Rental Property or create a Listing, you must first register to create an Joinery Account (defined below).
As stated above, Joinery makes available an online platform or marketplace with related technology for prospective tenants and departing tenants to meet online and arrange for viewings and renting of Rental Properties directly with each other or with Landlord approval. Joinery is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, Rental Properties or Accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, Rental Properties or Accommodations and Joinery does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, Rental Properties or Accommodations or transportation or travel services. Unless explicitly specified otherwise in the Joinery platform, Joinery’s responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) serving as the limited payment collection agent of each departing tenant for the purpose of accepting payments from prospective tenants on behalf of the departing tenant.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE DEPARTING TENANTS AND PROSPECTIVE TENANTS CONNECTING AND VIEWING AND WITH EACH OTHER AND FACILITATING RENTING RENTAL UNITS FROM LANDLORDS. JOINERY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. JOINERY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY ACTIVITY WILL BE MADE AT THE MEMBERS’ OWN RISK.
In order to access certain features of the Site and Application, and to book an Accommodation or create a Listing, you must register to create an account (“Joinery Account”) and become a Member. You may register to join the Services directly via the Site or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Joinery Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Joinery through the Site, Services or Application; or (ii) allowing Joinery to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Joinery and/or grant Joinery access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Joinery to pay any fees or making Joinery subject to any usage limitations imposed by such third-party service providers. By granting Joinery access to any Third-Party Accounts, you understand that Joinery will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your Joinery Account and Joinery Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Joinery Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Joinery’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Joinery Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Joinery makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Joinery is not responsible for any SNS Content.
We will create your Joinery Account and your Joinery Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Joinery Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Joinery reserves the right to suspend or terminate your Joinery Account and your access to the Site, Application and Services if you create more than one (1) Joinery Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Joinery Account, whether or not you have authorized such activities or actions. You will immediately notify Joinery of any unauthorized use of your Joinery Account.
Rental Unit Listings
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Rental Unit to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Rental Unit and pricing and related rules and financial terms. In order to be featured in Listings via the Site and Services, all Accommodations must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to schedule viewings and apply for your Accommodation via the Site and Services based upon the information provided in your Listing. You understand and agree that once a prospective tenant requests a booking of your Accommodation, you may not request the prospective tenant to pay a higher price than in the booking request.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the lease acceptance of, or a prospective tenant's stay at, a Rental unit in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, Landlords, condominium, lease or rental agreements (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties and (iii) will be done with full consent of the owner of the Rental Unit (Landlord). Please note that Joinery assumes no responsibility for a departing tenant’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Joinery reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Joinery, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Joinery’s then-current Policies and Community Guidelines, or otherwise harmful to the Site or Services.
If you are a departing tenant, you understand and agree that Joinery does not act as an insurer or as your contracting agent. If a prospective tenant requests a viewing of your Rental Unit and signs a lease for your Rental Unit, any agreement you enter into with such prospective tenant is between you, the prospective tenant, and the landlord, and Joinery is not a party thereto. Notwithstanding the foregoing, Joinery Payments serves as the limited authorized payment collection agent of the departing tenant for the purpose of accepting, on behalf of the departing tenant, payments from prospective tenants of such amounts stipulated by the departing tenant.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a viewing of your Rental Unit, including, but not limited to, requiring Members to have a profile picture, social media connection, credit score, background check, in order to view or lease your Rental Unit.
If you are a departing tenant, Joinery makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for viewings for your Rental Unit. You acknowledge and agree that, as a departing tenant, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the prospective tenant (and the individuals the prospective tenant invites to the Accommodation, if applicable.)
Joinery recommends that departing tenants and landlords obtain appropriate insurance for their Rental Unit. Please review any insurance policy that you may have for your Rental Unit carefully.
Joinery may offer departing tenants the option of having photographers take photographs of their Accommodations. If you as a departing tenant choose to have a photographer do this, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words “Verified Photo” or similar wording (“Verified Images”). All images, materials and content created by these photographers provided by Joinery, including Verified Images, constitute Joinery Content, regardless of whether you include them in your Listing.
Joinery does not endorse any Member or any Rental Unit. You understand that Verified Images are intended only to indicate a photographic representation of the Accommodation at the time the photograph was taken. Verified Images are therefore not an endorsement by Joinery of any Member or any Accommodation. Members are required by these Terms to provide accurate information, and although Joinery may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
Any references in the Site or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Joinery about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to view with a departing tenant or to accept a lease request from a prospective tenant, or to have any other interaction with any other Member. We are not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Joinery with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a departing tenant against Joinery regarding the remittance of payments received from a prospective tenant by Joinery on behalf of a departing tenant, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Leasings and Financial Terms
“Rental Fees” means the amounts that are due and payable by a prospective tenant in exchange for that prospective tenant’s accepted application for a Rental Unit. The departing tenant and landlord determine this amount, generally based on a percentage of yearly rent.
“Prospective Tenant Fees” means the fee that Joinery charges a prospective tenant for the use of its online platform, which is calculated as a percentage of the applicable Rental Fees.
“Credit and Background Check Fees” means the fee that Joinery charges Members for running these reports
Bookings and Financial Terms for departing tenants
If you are a departing tenant and a viewing is requested for your Rental Unit via the Site and Services, you will be required to either confirm or reject the viewing request within the Viewing Request Period, otherwise the viewing request will be automatically cancelled. When a viewing is requested via the Site and Services, we will share with you (i) the first name of the prospective tenant who has requested the booking, (ii) a link to the prospective tenant’s Joinery Account profile page, (iii) the credit score range and background check results, if provided, and (iv) an indication that the name that the prospective tenant provided to Joinery when the prospective tenant became a Member matches the name that the prospective tenant provided to the SNSs to which the prospective tenant has linked his or her Joinery Account, so that you can view such information before confirming or rejecting the viewing request. When you confirm a booking requested by a prospective tenant, Joinery will send you an email or message via the Site confirming such viewing, depending on the selections you make via the Site and Services.
Joinery Payments will collect the Rental Fees at the time of leasing confirmation (i.e. when the Incoming Tenant has signed the lease and the Landlord has accepted said lease) and will initiate payment of the Rental Fees to the departing tenant. The fees received by the departing tenant are solely for their role in furnishing information related to a Rental Unit. The time it takes for the departing tenant to receive payouts may depend upon the method for receiving payouts chosen by the departing tenant. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the departing tenant, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount via Joinery Payments to Joinery (whether as a result of your actions as a prospective tenant or otherwise), then Joinery Payments may (but is not obliged to) withhold the amount owing to Joinery from any payout amounts due to you as a departing tenant, and use the withheld amount to setoff the amount owed by you to Joinery. If Joinery Payments does so, then your obligation to pay Joinery will be extinguished to the extent of the amount withheld by Joinery Payments, and Joinery will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld.
Appointment of Joinery Payments as Limited Payment Collection Agent for Departing Tenant
Each departing tenant hereby appoints Joinery Payments as the departing tenant’s limited payment collection agent solely for the purpose of accepting the Rental Unit Fees from prospective tenants.
Each departing tenant agrees that payment made by a prospective tenant through Joinery Payments, shall be considered the same as a payment made directly to the departing tenant, and the departing tenant and landlord will make the Rental Unit available to the prospective tenant in the agreed-upon manner as if the departing tenant has received the Rental Unit Fees. Each departing tenant agrees that Joinery may, in accordance with the cancellation policy selected by the departing tenant and reflected in the relevant Listing, (i) permit the prospective tenant to cancel the viewing and (ii) refund (via Joinery Payments) to the prospective tenant that portion of the Accommodation Fees specified in the applicable cancellation policy. Each departing tenant understands that as Joinery Payments accepts payments from prospective tenants as the departing tenant’s limited payment collection agent and that Joinery Payments’ obligation to pay the departing tenant is subject to and conditional upon successful receipt of the associated payments from prospective tenants. Joinery does not guarantee payments to departing tenants for amounts that have not been successfully received by Joinery Payments from prospective tenants. In accepting appointment as the limited authorized agent of the departing tenant, Joinery Payments assumes no liability for any acts or omissions of the departing tenant.
Please note that Joinery does not currently charge fees for the creation of Listings. However, you as a departing tenant acknowledge and agree that Joinery reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Joinery will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Prospective Tenants
The departing tenants, not Joinery, are solely responsible for honoring any confirmed viewings and making available any Rental Units reserved through the Site and Services. If you, as a prospective tenant, choose to enter into a transaction with a departing tenant for the viewing of a Rental Unit, you agree and understand that you will be required to enter into an agreement with the departing tenant and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the departing tenant. You acknowledge and agree that you, and not Joinery, will be responsible for performing the obligations of any such agreements, that Joinery is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Joinery disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Joinery is not a party to the agreement between you and the departing tenant, Joinery Payments acts as the departing tenant’s payment collection agent for the limited purpose of accepting payments from you on behalf of the departing tenant. Upon your payment of the Total Fees to Joinery Payments, your payment obligation to the departing tenant for the Rental Unit Fees is extinguished, and Joinery Payments is responsible for remitting the Rental Unit Fees, in the manner described in these Terms. In the event that Joinery Payments does not remit any such amounts as described in these Terms, such departing tenant will have recourse only against such Joinery entity.
The Total Fees payable will be displayed to a prospective tenant before the prospective tenant sends a leasing request to a departing tenant or landlord. The landlord is required to either confirm or reject the leasing request, otherwise the requested booking will be cancelled. If a requested leasing is cancelled (i.e. not confirmed by the applicable landlord), any amounts collected by Joinery Payments will be refunded to such prospective tenant, depending on the selections the prospective tenant makes via the Site, and any pre-authorization of such prospective tenant’s credit card will be released, if applicable.
You as a prospective tenant agree to pay Joinery for the Total Fees for any leasing or credit or background check requested in connection with your Joinery Account. In order to establish a leasing request pending the applicable landlord’s confirmation of your requested leasing, you understand and agree that Joinery Payments, on behalf of the departing tenant, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card or third party payment processor(s) for the Total Fees or (ii) charge your credit card or account a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card or third party payment account(s). Once Joinery receives confirmation of your leasing from the applicable departing tenant, Joinery Payments will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Joinery cannot control any fees that may be charged to a prospective tenant by his or her bank related to Joinery’s collection of the Total Fees, and Joinery disclaims all liability in this regard.
Landlords may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Rental Unit. If a Security Deposit is included in a Listing for a confirmed leasing of a Rental Unit, Joinery Payments will, in its capacity as the payment collection agent of the departing tenant, use its commercially reasonable efforts to obtain a pre-authorization of the prospective tenant’s credit card or bank account in the amount the departing tenant determines for the Security Deposit within a reasonable time prior to the prospective tenant’s check-in at the applicable departing tenant’s Accommodation. Joinery will also use its commercially reasonable efforts to address departing tenants’ requests and claims related to Security Deposits, but Joinery is not responsible for administering or accepting any claims by departing tenants related to Security Deposits, and disclaims any and all liability in this regard.
In consideration for the use of Joinery’s online marketplace and platform, Joinery charges the Service Fees. Where applicable, Taxes may also be charged in respect of the departing tenant Fees and prospective tenant Fees. Joinery Payments deducts the departing tenant Fees from the Accommodation Fees before remitting the balance to the departing tenant as described in these Terms. Prospective tenant Fees are, as noted above, included in the Total Fees.
Balances will be remitted by Joinery Payments to departing tenants via check, Dwolla, direct deposit or other payment methods described on the Site. Amounts may be rounded up or down as described the “Rounding Off” section below.
Please note that Joinery Payments, may impose or deduct foreign currency processing costs on or from any payments or payouts by Joinery in currencies other than U.S. dollars. Except as otherwise provided herein, Service Fees are non-refundable.
General Leasing and Financial Terms
Cancellations and Refunds
If, as a prospective tenant, you cancel your requested leasing before the requested leasing is confirmed by a landlord, Joinery Payments will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a prospective tenant, you wish to cancel a confirmed leasing made via the Site and Services, the cancellation policy of the departing tenant contained in the applicable Listing will apply to such cancellation. Our ability to refund the Rental Unit Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The prospective tenant Fee is non-refundable regardless of the cancellation policy selected by the departing tenant.
If a landlord cancels a confirmed leasing made via the Site and Services, (i) Joinery Payments will refund the Total Fees for such booking to the applicable prospective tenant within a commercially reasonable time of the cancellation and (ii) the prospective tenant may receive an email or other communication from Joinery containing alternative Listings and other related information. If the prospective tenant requests a leasing from one of the alternative Listings and the departing tenant and landlord associated with such alternative Listing confirm the prospective tenant’s requested leasing, then the prospective tenant agrees to pay Joinery the Total Fees relating to the confirmed booking for the Rental Unit in the alternative Listing, in accordance with these Terms. If a departing tenant cancelled a confirmed booking and you, as a prospective tenant, have not received an email or other communication from Joinery, please contact Joinery.
In certain circumstances, Joinery may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site and Services. This may be for any reason. Joinery Payments may also determine, in its sole discretion, to refund to the prospective tenant part or all of the amounts charged to the prospective tenant per our refund policy.
Joinery may, in its sole discretion, round up or round down amounts that are payable from or to prospective tenants or departing tenants to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Joinery will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) 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.
Some departing tenants may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site and Services to a particular cause or charity. We do not take any responsibility or liability for whether the departing tenant does in fact make the donation he or she pledged to make. In such cases, the departing tenant in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
Tax regulations may require us to collect appropriate tax information from our departing tenants, or to withhold taxes from payouts to departing tenants, or both. You as a departing tenant are solely responsible for keeping the information in your tax forms current, complete and accurate.
You as a departing tenant understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that 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 to the relevant authority any Taxes included or received by you. Joinery cannot and does not offer Tax-related advice to any Members.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) where your Rental Unit is located may require Taxes to be collected by departing tenants from prospective tenants on the amount paid for the right to use and/or occupancy of accommodations, and to be remitted to the respective Tax Authority.
Whether you are a prospective tenant of departing tenant, you agree that any claim or cause of action relating to collection and remittance of Taxes shall not extend to any supplier or vendor that may be used by Joinery in connection with collection and remittance of Occupancy Taxes, if any. Prospective tenants and departing tenants agree that we may seek additional amounts from you in the event that the Taxes collected or remitted are insufficient to fully discharge your obligations to the Tax Authority.
Damage to Rental Units
As a prospective tenant, you are responsible for leaving the Rental Unit in the condition it was in when you arrived. You acknowledge and agree that, as a tenant, 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 Rental Unit. In the event that a departing tenant claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items directly to the landlord. Joinery is not responsible for any apartment damages; this is solely between the prospective tenant and the landlord.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
- use the Site, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
- "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Joinery prospective tenant or departing tenant;
- offer, as a departing tenant, any Accommodation that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Accommodations as a departing tenant if you are serving in the capacity of a rental agent or listing agent for a third party);
- offer, as a departing tenant, any Rental Unit that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
- register for more than one Joinery Account or register for an Joinery Account on behalf of an individual other than yourself;
- unless Joinery explicitly permits otherwise, request to visit or lease at any Rental Unit if you will not actually be staying at the Rental Unit yourself;
- contact a departing tenant for any purpose other than asking a question related to a booking, such departing tenant’s Rental Unit or Listings;
- contact a prospective tenant for any purpose other than asking a question related to a booking or such prospective tenant’s use of the Site and Services;
- recruit or otherwise solicit any departing tenant or other Member to join third-party services or websites that are competitive to Joinery, without Joinery’s prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
- use the Site, Services or Collective Content to find a departing tenant or prospective tenant and then complete a leasing of a Rental Unit independent of the Site or Services, in order to circumvent the obligation to pay any Service Fees related to Joinery’s provision of the Services or for any other reasons;
- as a departing tenant or landlord, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- access, tamper with, or use non-public areas of the Site, Application or Services, Joinery’s computer systems, or the technical delivery systems of Joinery’s providers;
- attempt to probe, scan, or test the vulnerability of any Joinery system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Joinery or any of Joinery’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
- abide by all Fair Housing Act provisions. For example, you will not discriminate on the basis of because of race, color, national origin, religion, sex, disability and the presence of children (more here: http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/yourrights)
Joinery has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Joinery may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Joinery or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Joinery , its users, or members of the public . You acknowledge that Joinery has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Joinery reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Joinery, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Joinery and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Joinery a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Joinery does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Joinery the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Joinery’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Joinery is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Joinery of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Joinery used herein are trademarks or registered trademarks of Joinery. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at email@example.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Joinery and you hereby irrevocably assign to Joinery and agree to irrevocably assign to Joinery all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Joinery’s request and expense, you will execute documents and take such further acts as Joinery may reasonably request to assist Joinery to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Joinery respects copyright law and expects its users to do the same. It is Joinery’s policy to terminate in appropriate circumstances the Joinery Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Suspension, Termination and Joinery Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Joinery Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Joinery Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your Joinery Account, your Member Content, or receive assistance from Joinery Customer Service, (b) any pending or accepted future bookings as either departing tenant or prospective tenant will be immediately terminated, (c) we may communicate to your prospective tenants or departing tenants that a potential or confirmed booking has been cancelled, (d) we may refund your prospective tenants in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your prospective tenants to inform them about potential alternate Accommodations with other departing tenants that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Joinery Account. You may cancel your Joinery Account at any time via the “Cancel Account” feature of the Services or by sending an email to firstname.lastname@example.org. Please note that if your Joinery Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT JOINERY DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, PROSPECTIVES AND DEPARTING TENANTSS, BUT USERS MAY OFFER TO DO SO ON THE SITE. THE SITE AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, JOINERY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. JOINERY MAKES NO WARRANTY THAT THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY LEASINGS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. JOINERY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM JOINERY OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DEPARTING TENANTS OR PROSPECTIVE TENANTS OR LANDLORDS. YOU UNDERSTAND THAT JOINERY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. JOINERY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, PROSPECTIVE TENANTS AND DEPARTING TENANTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY JOINERY. NOTWITHSTANDING JOINERY’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE DEPARTING TENANTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM PROSPECTIVE TENANTS ON BEHALF OF THE DEPARTING TENANTS AND/OR LANDLORD, JOINERY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY PROSPECTIVE TENANTS OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, OR SERVICES, YOUR LISTING OR LEASING OF ANY ACCOMMODATIONS VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF JOINERY WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER JOINERY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JOINERY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE DEPARTING TENANTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST, IN NO EVENT WILL JOINERY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR LEASING OF ANY RENTAL UNIT VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR LEASINGS VIA THE SITE AND SERVICES AS A PROSPECTIVE TENANT IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A DEPARTING TENANT, THE AMOUNTS PAID BY JOINERY TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JOINERY AND YOU.
You agree to release, defend, indemnify, and hold Joinery and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) leasing of a Rental Unit, or (iii) creation of a Listing; (d) the use, condition or rental of a Rental Unit by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, leasing or use of a Rental Unit.
If you engage with anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Joinery by contacting us with your police station and report number at email@example.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between Joinery and you regarding the Site, Services, Collective Content, Referral Program, and any bookings or Listings of Accommodations made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Joinery and you regarding bookings or listings of Accommodations, the Site, Application, Services, Collective Content and Referral Program.
You may not assign or transfer these Terms, by operation of law or otherwise, without Joinery’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Joinery may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Joinery (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in New York County, New York for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and Joinery agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Joinery are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Joinery otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Joinery otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Joinery submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Joinery will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Joinery will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the “Modification” section above, if Joinery changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Joinery’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Joinery in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of Joinery to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Joinery. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact Joinery at email@example.com.