Updated March 9, 2023
THIS WEBSITE AND ANY OTHER WEBSITES OF HOSTFI, ITS AFFILIATES OR AGENTS (COLLECTIVELY, THE “WEBSITE”) AND THE INFORMATION ON IT ARE CONTROLLED BY HOSTFI INC. (“HOSTFI”, “WE”, “US”, OR “OUR”).
BY ACCESSING OR USING THE WEBSITE IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (INCLUDING THE WEBSITE, EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”).
IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT HOSTFI’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION.
PLEASE BE AWARE THAT SECTION 2.4 (HOSTFI COMMUNICATIONS) OF THIS AGREEMENT, BELOW, CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING VIA E-MAIL AND IN-APPLICATION NOTIFICATIONS.
- ABOUT THE SERVICES
The Services and the information and content available on the Services provide users with content, functionality, and services related to managing the finances of their vacation rental property. As a part of the Services, we may facilitate transactions between Registered Users (as defined in Section 3.1 below) of the Services. However, we are not a party to any transactions, contracts, or agreements between users or between any user and any third party, even if the transaction is facilitated by the Services. Without limiting the foregoing, we are not a party to any vacation rental or other agreement or contract between Hosts and Vendors (as defined below). Liability and enforcement of such agreements are left solely to the parties to such agreement. The Services are used at your discretion and risk and we are not responsible for any respective misuse or wrongful dealings. We are not a broker or agent for any Registered User. Registered Users should consult legal counsel before entering into any contracts, including without limitation with other Users of the Services.
- USE OF THE SERVICES
Subject to the Agreement, Hostfi grants you a limited license to access the Services in the manner provided by Hostfi to Users for the sole purpose of using the Services for your internal business purposes.
2.2. Necessary Equipment and Software
You must provide all equipment and software necessary to connect to the Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.
2.3. Certain Restrictions
The rights granted to you in the Agreement are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services, including the Website; (ii) you shall not use any metatags or other “hidden text” using Hostfi’s name or trademarks; (iii) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (iv) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Services; (v) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (vi) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. Any future release, update or other addition to the Services shall be subject to the Agreement. Hostfi and its service providers reserve all rights not granted in the Agreement. Any unauthorized use of any Hostfi Property terminates the licenses granted by Hostfi pursuant to the Agreement.
2.4. Hostfi Communications
By entering into this Agreement or using the Services, you agree to receive communications from us, including via e-mail and in-application messenger.
3.1. Registering Your Account
In order to access certain features of the Services, you are required to become a Registered User. For purposes of the Agreement, a “Registered User” or a “User” is a user who has registered an account on the Website (“Account”).
3.2. Registration Data
In registering an Account, you agree to (a) provide true, accurate, current and complete information about yourself (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) of legal age to form a binding contract; and (ii) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone beyond any property managers you authorize, and you agree to (a) notify Hostfi immediately of any unauthorized use of your password or any other breach of security; and (b) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Hostfi has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Hostfi has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself unless you are an authorized business representative. You agree that you shall not have more than one Account per platform at any given time. You agree not to create an Account or use the Services if you have been previously removed by Hostfi, or if you have been previously banned from any of the Services.
- RESPONSIBILITY FOR CONTENT
4.1. Types of Content
You acknowledge that all Content, including the Services, is the sole responsibility of the party from whom such Content originated. This means that you, and not Hostfi, are entirely responsible for all content that you upload, input, submit, post, e-mail, transmit or otherwise make available (“Make Available”) through the Services (“Your Content”), and that you and other Registered Users of the Services, and not Hostfi, are similarly responsible for all Content that you and they Make Available through the Services (“User Content”). YOU UNDERSTAND THAT BY MAKING AVAILABLE INFORMATION AND CONTENT VIA THE SERVICES, YOU MAY BE REVEALING INFORMATION ABOUT YOURSELF THAT YOU MAY INCLUDE OR THAT MAY BE GENERATED BY THE SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE FULLY AWARE AND RESPONSIBLE FOR THE IMPACT OF MAKING AVAILABLE SUCH INFORMATION, AND YOU AGREE THAT HOSTFI IS NOT RESPONSIBLE OR LIABLE IN ANY WAY IN CONNECTION WITH SUCH SHARING, POSTING, TRANSMISSION, OR OTHERWISE.
Hostfi has no obligation to store any of Your Content that you make available on the Services. Hostfi has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. You agree that Hostfi retains the right to create reasonable limits on Hostfi’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by Hostfi in its sole discretion.
Except with respect to Your Content and User Content, you agree that Hostfi owns all rights, title and interest in the Website, our Services, and associated content, including but not limited to, any text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, software, source code, and interactive features included with or available through our Website. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any the Services. Except for the limited use rights granted to you in this Agreement, you shall not acquire any right, title or interest in our Website or any Website Content. Any rights not expressly granted in this Agreement are expressly reserved.
Hostfi’s name, logos, service marks and trade names used on or in connection with the Services are the trademarks of Hostfi and may not be used without permission in connection with your, or any third-party, products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Hostfi through its support, suggestion, feedback, wiki, forum, or similar pages or otherwise related to Hostfi’s products, services, or business (“Feedback”) is at your own risk and that Hostfi has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Hostfi a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Hostfi’s business.
As a condition of use, you agree not to use the Services or any purpose that is prohibited by this Agreement or by applicable law, rule, regulation, ordinance or industry code of conduct. You shall not (and shall not permit any third party) either (a) take any action or (b) Make Available any Content on or through the Services that: (i) impersonates any person or entity, including any employee or representative of Hostfi; (ii) interferes with or attempt to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by this Agreement; or (iii) attempts to engage in or engage in, any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services.
INTERACTIONS WITH OTHER USERS
7.1. User Responsibility
You are solely responsible for your interactions with other Registered Users and any other parties with whom you interact; provided, however, that Hostfi reserves the right, but has no obligation, to intercede in such disputes. You agree that Hostfi will not be responsible for any liability incurred as the result of such interactions.
7.2. Content Provided by Other Users
The Services may contain or provide you with access to User Content provided by other Registered Users. Hostfi is not responsible for and does not control User Content. Hostfi has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, User Content. You use all User Content and interact with other Registered Users at your own risk.
You understand that by accessing and using the Services you may create, have, or receive information that can be used to identify an individual (including, without limitation, names, addresses, telephone numbers, email addresses, and other unique identifiers) (collectively, the “Personal Information”). You agree that you will: (i) keep and maintain all Personal Information in strict confidence, using such degree of care as is appropriate to avoid unauthorized access, use, or disclosure; (ii) not create, collect, receive, access, or use Personal Information in violation of any applicable law; (iii) use and disclose Personal Information solely and exclusively for the purposes for which the Personal Information, or access to it, is provided via the Services, and not use, sell, rent, transfer, distribute, or otherwise disclose or make available Personal Information for your own purpose; and (iv) not, directly or indirectly, disclose Personal Information to any person other than your employees, contractors, agents, and service providers who have a need to know or otherwise access Personal Information for the use it is being provided to you via the Services, unless and to the extent required by applicable government authorities or as otherwise, to the extent expressly required, by applicable law.
You agree to indemnify and hold Hostfi, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Hostfi Party” and collectively, the “Hostfi Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (i) Your Content; (ii) your use of, or inability to use, any of the Services; (iii) your violation of the Agreement; (iv) your violation of any rights of another party, including any Registered Users; (v) your violation of any applicable laws, rules or regulations; (vi) any actions you take based on your use of the Services, including without limitation based on any reports, analyses, information, or other content or materials obtained from or through the Services or (vii) your use or disclosure of, access to, or other act or omission taken with respect to Personal Information. Hostfi reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Hostfi in asserting any available defenses. This provision does not require you to indemnify any of the Hostfi Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to the Services.
DISCLAIMER OF WARRANTIES AND CONDITIONS.
10.1. As Is
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. HOSTFI PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT ARISING FROM USE OF THE WEBSITE.
10.2. Disclaimer of Warranties
HOSTFI PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION OR DATA PROVIDED BY HOSTFI IS FOR INFORMATIONAL PURPOSES ONLY. THE SERVICES ARE NOT A SUBSTITUTE FOR FINANCIAL OR OTHER PROFESSIONAL ADVICE. AS BETWEEN THE PARTIES, YOU OR THE APPLICABLE USER, AND NOT HOSTFI, SHALL BE RESPONSIBLE AND LIABLE FOR ANY ACTIONS, OR LACK THEREOF, THAT YOU OR THE APPLICABLE USER TAKES AS A RESULT OF, OR IN CONNECTION WITH, THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HOSTFI OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
10.3. No Liability for Conduct of Users
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT HOSTFI DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. HOSTFI MAKES NO WARRANTY THAT THE SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HOSTFI MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE SERVICES. AS BETWEEN THE PARTIES, YOU OR THE APPLICABLE USER, AND NOT HOSTFI, SHALL BE RESPONSIBLE AND LIABLE FOR ANY ACTIONS, OR LACK THEREOF, THAT YOU OR THE APPLICABLE USER TAKES AS A RESULT OF, OR IN CONNECTION WITH, THE SERVICES.
10.4. No Liability for Conduct of Third Parties
YOU ACKNOWLEDGE AND AGREE THAT HOSTFI PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD HOSTFI PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES OR OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
10.5. No Liability with Respect to Real Estate or Tenants
HOSTFI DOES NOT, AND THE SERVICES ARE NOT INTENDED TO, PROVIDE FINANCIAL OR REAL ESTATE ADVICE. THE REPORTS, ANALYSES, INSIGHTS, OR OTHER CONTENT OR MATERIAL OBTAINED FROM OR THROUGH THE SERVICES ARE NOT INTENDED TO AND DO NOT CONSTITUTE LEGAL, TAX, FINANCIAL, REAL ESTATE, INVESTMENT, BUSINESS OR PROFESSIONAL ADVICE OF ANY KIND. DO NOT ACT ON ANY CONTENT OR MATERIAL OBTAINED THROUGH THE SERVICES WITHOUT FIRST SEEKING RELEVANT PROFESSIONAL COUNSEL. THE MATERIALS SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH A PROFESSIONAL ADVISOR. YOU AGREE THAT HOSTFI IS NOT RESPONSIBLE FOR ANY FINANCIAL, TAX, BUSINESS, OR LEGAL DECISIONS THAT YOU MAY MAKE. HOSTFI IS NOT AN ATTORNEY, ESCROW AGENT, LENDER OR REAL ESTATE BROKER REPRESENTING YOU OR ANOTHER USER. HOSTFI AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE FINANCIAL PERFORMANCE, LEGAL STATUS (INCLUDING, BUT NOT LIMITED TO, BUILDING CODE COMPLIANCE AND COMPLIANCE WITH ACCESSIBILITY LAWS), SUITABILITY, OR ANY OTHER CONDITION OR STATUS WHATSOEVER OF ANY PROPERTY YOU OWN OR MANAGE; AS TO THE ENFORCEABILITY OR LEGAL SUFFICIENCY OF ANY LEASE OR OTHER AGREEMENT YOU MAY HAVE WITH A TENANT, OR AS TO YOUR RIGHTS OR OBLIGATIONS THEREUNDER; AS TO THE REPUTATION, ABILITY OR PERFORMANCE OF ANY TENANT OR ANY OTHER USER; AS TO THE PAST OR FUTURE RENTAL HISTORY, ABILITY TO RENT, CRIMINAL HISTORY, ABILITY TO PAY, ABILITY TO PERFORM UNDER A LEASE, FINANCIAL CONDITION, THE ACCURACY OF REGISTRATION INFORMATION OR ANY OTHER INFORMATION, OR ANY OTHER MATTER, CONCERNING ANY TENANT OR YOUR LEASE, RENTAL CONTRACT OR OTHER AGREEMENTS WHATSOEVER WITH ANY TENANT. ANY AND ALL CONCERNS, DIFFERENCES, DISCREPANCIES, QUESTIONS OR REQUESTS FOR ADDITIONAL INFORMATION REGARDING ANY TENANT OR ANY AGREEMENT YOU MAY HAVE WITH A TENANT MUST BE ADDRESSED WITH THE TENANT.
- LIMITATION OF LIABILITY
11.1. Disclaimer of Certain Damages
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL HOSTFI PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE SERVICES, IN EACH CASE WHETHER OR NOT HOSTFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH ANY OF OUR OR YOUR ACTS OR OMISSIONS OR THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (I) THE USE OF, OR INABILITY TO USE, THE SERVICES OR ANY REPORTS, ANALYSES, INSIGHTS, OR OTHER CONTENT OR MATERIAL OBTAINED FROM OR THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY ACTIONS TAKEN BY YOU OR ANY OTHER USER AS A RESULT OF USING ANY OF THE FOREGOING; (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A HOSTFI PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A HOSTFI PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A HOSTFI PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
11.2. Cap on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, HOSTFI PARTIES WILL NOT BE LIABLE TO YOU FOR
MORE THAN THE GREATER OF (I) THE TOTAL AMOUNT PAID TO Hostfi by you during the twelve- month period prior to the act, omission or occurrence giving rise to such liability; (II) $100; or
(III) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A HOSTFI PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A HOSTFI PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A HOSTFI PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
11.3. User Content
11.4. Exclusion of Damages
THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY LAW. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
11.5. Basis of the Bargain
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HOSTFI AND YOU.
- MONITORING AND ENFORCEMENT
If Hostfi becomes aware of any possible violations by you of the Agreement, Hostfi reserves the right to investigate such violations. If, as a result of the investigation, Hostfi believes that criminal activity has occurred, Hostfi reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Hostfi is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including Your Content, in Hostfi’s possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Hostfi, its Registered Users or the public, and all enforcement or other government officials, as Hostfi in its sole discretion believes to be necessary or appropriate.
- TERM AND TERMINATION
13.2. Prior Use
Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (i) the date you first used the Services or (ii) the date you accepted the Agreement, and will remain in full force and effect while you use any the Services, unless earlier terminated in accordance with the Agreement.
13.3. Termination of Services by Hostfi
13.3.1. If you have materially breached any provision of the Agreement, or if Hostfi is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), Hostfi has the right to, immediately and without notice, suspend or terminate any Services provided to you.
13.3.2. You agree that Hostfi, in Hostfi’s sole discretion, may immediately suspend or terminate your access to any part of the Services at any time, for any reason, in our sole discretion. Hostfi also reserves the right, at any time, to modify the Services or to modify, suspend, or discontinue the Services, or any part thereof, with or without notice. You agree that Hostfi will not be liable to you or to any third party for any modification of the Services or modification, suspension, or discontinuance of the Services, or any termination or suspension of your account.
13.4. Termination of Services by You
If you want to terminate the Services provided by Hostfi, you may close your Account by contacting firstname.lastname@example.org. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; after that, your access to the Services will be restricted. You will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. THE SERVICES WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THIS SECTION 14.4.
13.5. Effect of Termination
13.5.1. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; on the first day following the end of such period, your access to the Services will be restricted.
13.5.2. If Hostfi suspends or terminates your access to the Services, Hostfi shall endeavor (but is not obligated) to provide access to the Services for thirty (30) days. Termination of any Service includes removal of access to such Service and barring of further use of the Services. Termination of all Services may also include deletion of your password and related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service may automatically terminate immediately. Hostfi will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
13.6. No Subsequent Registration
If your registration(s) with, or ability to access, the Services is discontinued by Hostfi due to your violation of any portion of the Agreement, then you agree that you shall not attempt to re- register with or access the Services or any Hostfi community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those the Services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Hostfi reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
- THIRD-PARTY SERVICES
14.1. Third-Party Websites, Applications and Ads
The Services may contain links to third-party websites (“Third-Party Websites”), applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third- Party Applications and Third-Party Ads are not under the control of Hostfi. Hostfi is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. Hostfi provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or any product or service provided in connection therewith. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, Third- Party Applications, or Third-Party Ads, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
- GENERAL PROVISIONS
15.1. Electronic Communications
The communications between you and Hostfi may take place via electronic means, whether you visit the Services, chat online with Hostfi via a third party messenger service (e.g. Intercom), or send Hostfi e-mails, or whether Hostfi posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (i) consent to receive communications from Hostfi in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Hostfi provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”). Please note that when you communicate with us via our online chat feature, you may be communicating with a chatbot, not a human.
You hereby release Hostfi Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of the Services. You hereby waive California Civil Code Section 1542, or any similar law of any applicable jurisdiction which states in substance, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Hostfi Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder.
The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Hostfi’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. This Agreement may be assigned by Hostfi to any third party without your prior written consent. Subject to the foregoing, this Agreement will be binding on a party’s successors and assigns.
15.4. Force Majeure
Hostfi shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
15.5. Questions, Complaints, Claims
If you have any questions, complaints or claims with respect to the Services, please contact us at: email@example.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
15.6. Exclusive Venue
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Hostfi agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state courts located in San Mateo, CA and federal courts located in San Francisco, CA.
15.7. Geographic Restrictions
Hostfi provides the Services for use only by persons located in the United States. We make no claims that the Website or Services, or any of the content, materials, or information made available on or through the Website or Services, is accessible, legal, or appropriate outside of the United States. Access to the Website or Services may not be legal by certain persons or in certain countries. If you access the Website or Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
15.8. Governing Law and Jurisdiction
The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of CALIFORNIA, without giving effect to any conflict of laws principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the AGREEMENT.
Where Hostfi requires that you provide an e-mail address, you are responsible for providing Hostfi with your most current e-mail address. In the event that the last e-mail address you provided to Hostfi is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Hostfi’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Hostfi or via e-mail at firstname.lastname@example.org.
Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
15.12. Consumer Complaints
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
15.12. Entire Agreement
The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.