Terms and Conditions | Single Source Solution

Terms and Conditions

TERMS OF USE

Last revised: February 6, 2017

Welcome to Singlesourcesolution.com (the “Site”).  The Site provides a platform where purchasers of temporary furnished housing can post their requests and needs for housing and providers of temporary furnished housing can submit available accommodations that match the requests (collectively all users of the Site shall each be referred to as, "User", “you”). 

By using the Site and submitting or responding to requests for temporary furnished housing (the “Services”) each User agrees to comply with and be bound by the following terms and conditions of use (the “Terms of Use”).  These Terms of Use govern each User’s relationship with National Corporate Housing, Inc. (“National”) with respect to your use of the Site and the Service.  Please read these Terms of Use carefully as they contain the legal terms and conditions that you are agreeing to by using the Site and/or the Service.   

  1. Binding Agreement; Notice of Changes.  By using the Service, listing or posting Reservation Requests (defined below), or submitting Proposals (defined below) the User accepts and agrees to be bound by these Terms of Use, whether or not the User registers with National.  We strongly recommend that as you read these Terms of Use, you also access and read any linked information. These Terms of Use also include and incorporate National’s Privacy Policy, and any notices regarding the Site or the Service. You agree and understand that certain features of the Site or the Service may be subject to additional terms and conditions or registration requirements. You agree to abide by these additional terms and you further agree that a violation of those terms while you are using the Service or accessing the Site shall constitute a breach of these Terms of Use. Use of the Service or the Site is permitted only by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, use of the Service or Site is not permitted by anyone under the age of 18 or by anyone that is barred from receiving services under the laws of the United States or other applicable jurisdictions.  If you do not qualify, please do not use the Service or the Site.  Each User accessing or using the Site acknowledges and agrees that by accessing or using the Site or the Service or by posting any Reservation Request, Proposal or other information, data or content on the Site or Service, such User has read, understands and agrees to be bound by these Terms of Use.  If such User does not agree, such User shall have no right to use the Service or Site.  If a User accepts or agrees to these Terms of Use on behalf of a company or other legal entity, the User represents and warrants that it has the authority to bind that company or other legal entity to these Terms of Use and, in such event, "User" will refer and apply to that company or other legal entity.

National in its sole discretion at any time may change these Terms of Use by posting notice of the change on the Site.  In the event National makes any material changes to these Terms of Use and you have registered to use the Service, National will notify you either through your registered account or by other means such as email if you have provided such information to National, or posting such changes on the Site.  Any changes to these Terms of Use will be effective immediately for new Users and will be effective thirty (30) days after posting of notice of such changes on the Site for existing Users, provided that any material changes shall be effective for Registered Users (defined below) thirty (30) days after posting of notice of such changes on the Site. National may require you to provide consent to the updated Terms of Use in a specified manner before further use of the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Service and terminate the Terms of Use as described below. Otherwise, your continued use of the Service constitutes your acceptance of such change(s).  Please regularly check the Site to view the then-current Terms of Use.

THE SITE AND SERVICE COMPRISE AN ONLINE PLATFORM THROUGH WHICH PROVIDERS MAY OFFER PROPOSALS IN RESPONSE TO RESERVATION REQUESTS BY CUSTOMERS.  CUSTOMERS AND PROVIDERS SHALL SEPARATELY AND OUTSIDE OF THE SERVICE AND SITE ENTER INTO AGREEMENTS FOR ANY LEASE AGREED TO AS A RESULT OF USING THE SITE OR SERVICE.  USERS UNDERSTAND AND AGREE THAT NATIONAL IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROVIDER AND CUSTOMERS, NOR IS NATIONAL A REAL ESTATE BROKER, AGENT OR INSURER. NATIONAL HAS NO CONTROL OVER THE CONDUCT OF PROVIDERS, CUSTOMERS, OR OTHER USERS OF THE SITE OR SERVICE OR ANY PROPERTY OR ACCOMODATION AVAILABLE BY A PROVIDER, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Use of this Site and the Services is subject to the following:

  1. Definitions:

Capitalized terms in these Terms of Use have the following meanings:

2.1           “Booking” means each match of a Reservation Request and a Proposal that results in a lease agreement or other contractual obligation between the Customer posting the Reservation Request and the Provider providing the Proposal.  The contractual arrangement between the Customer and the Provider for the Booking is not required to be completed on the Site or via the Service, but the Users agree that any Booking resulting from any use of the Service or Site will result in a Booking Fee.

2.2           “Customers” are those Users that submit Reservation Requests on the Site or separately contract for temporary furnished accommodations with Providers whether through the Site or outside the Site.

2.3           “Customer Data” is that current and complete information Users provide when signing up to use the Service, including but not limited to the individuals real first and last name, valid address, valid phone number, valid e-mail address, and any other required information. 

2.4           “Fees” are those amounts charged to Users in connection with each Reservation Request and Booking, if applicable, conducted via the Service in accordance with fee agreements between the Site and Service and such Users. 

2.5           “Linked Sites” are those third party websites that Users may be able to link to via the Site and Service that may display or book reservations for temporary furnished housing identified and located via the Service. 

2.6           “Proposal”is that quote or response a Provider supplies in response to a Customer’s Reservation Request.

2.7           “Provider” is a User that offers a Proposal in response to a Reservation Request through the Site, or an entity that is affiliated with a User or Provider that provides temporary accommodations to a User. 

2.8           “Registered User” is a User that has created a user account and has received a user indemnification and password in connection with its use of the Site and the Service.

2.9           “Reservation Request” means each request by a User on the Site for temporary accommodations generally longer than thirty (30) days, and shorter than two (2) years; however, the duration of stay may be negotiated between the Customer and the Provider.

2.10         “Service” is the online platform that connects Providers with accommodations available for lease with Customers seeking information and bids for submitted Reservation Requests. The Service does not include the contractual leasing between a Customer and a Provider when the Customer likes a specific Proposal in response to a Reservation Request. 

                2.11         “Site” is www.singlesourcesolution.com

2.12         “Taxes” are all sales/use, value added, or transaction taxes and other charges such as duties, customs and government imposed surcharges, that may be levied or assessed in association with the use of the Site and/or Service and the license of User Content.

2.13         “User Content” means (a) all content, information and data that Customers submit via the Site and Service in connection with Reservation Requests and/or (b) all content, information and data that Providers submit in connection to a Proposal, including all licensable images, any promotional content for properties, all data related to a Customer or Provider, including all descriptions for Reservation Requests and Proposals, and any artwork for any content and any trademarks, service marks or commercial symbols contained in the foregoing.   

2.14         “User” is an individual that accesses the Site or the Service, is a Registered User, a Customer, or a Provider. 

  1. Using the Site and ServicesBy using the Site and/or the Service, Users agree to the following:

3.1   As noted above, the Site and the Service is a platform that makes information available from both Providers, that have accommodations or properties, and Customers that are inquiring about Reservation Requests.  The Service and the Site only offer an online platform that enables Customers and Providers to discover information related to Reservation Requests and Proposals.  The Site does not manage or control or engage in the leasing, negotiation, renting, or selling of any properties and the Site does not own or control any properties.  National’s responsibility via the Site is limited to making the Service available to Users.

3.2   Your use of the Site and Service is entirely at your own risk.  It shall be your own responsibility to ensure that any products, services or information available through the Site meet your specific requirements.  National, in connection with the operation of the Site, does not and cannot control the content contained in any Reservation Requests or Proposals and National, in connection with the operation of the Site or the Service, does not control the condition, legality or suitability of any accommodations and is not responsible for any Proposals or Reservation Requests.  Any bookings or reservations made by a User as a result of the Service or use of the Site, is made and accepted at the User’s own risk.

3.3   You will abide by the restrictions for any posting of User Content. Although National reserves the right to review any User Content posted by a Registered User, National undertakes no obligation to do so.  National may refuse to display or remove any User Content in its sole discretion.

3.4   You agree to pay any and all Fees for the Service when invoiced by National, and to provide National written notice within ten (10) days of receipt of any invoice with any dispute or disagreement related to Fees.

3.5   You will not export or re-export any National tools or proprietary information except in compliance with the export control laws of any relevant jurisdictions.

3.6   You will not copy, modify or distribute rights or content from the Site, Service or tools or National’s copyrights and trademarks.

3.7   You will not harvest or otherwise collect information about Users, including email addresses, without their consent.

3.8   You will not distribute or post spam, unsolicited, or bulk electronic communications, chain letters, viruses or pyramid schemes or any other technologies that may harm National, or the interests or property of any Users, via the Site or outside of the Site or Services.

3.9   From time to time the Site may include links to other websites. These links are provided for your convenience to provide further information. They do not signify that National endorses any such website. National has no responsibility for the content of any linked website.  Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by National and National should not be regarded as the publisher of such opinions or material. Please be aware that National is not responsible for the privacy practices, or content, of these websites. National encourages its users to be aware when they leave the Site and to read the privacy statements and terms of use of other websites. You should evaluate the security and trustworthiness of any other website connected to this Site or accessed through this Site yourself, before using their services or disclosing any personal information to them. National does not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your use of other websites.

3.10 National may use certain technology to protect the data and content on our Site. This technology may be embedded within the User Content available on the Site. National reserves the right to use such technology to track, monitor and protect the content and data available on this Site and distributed or otherwise made available by National. Failure to agree to the use of such technology requires that you discontinue use of the Site or any content available or accessed from the Site.  When you access the Site or download content from the Site or link to User Content posted by Customers or Providers, you agree not to disrupt the use of such technology by disabling such technology, if applicable. Further you will not attempt to remove any proprietary rights notices, including but not limited to copyright notices, embedded in the content or anywhere on the Site.

3.11 Use of the Site does not grant you any ownership or interest in any content, code, data, or materials you may access on or through the Site or any intellectual property right subsisting in any content, code, data, or materials you may access on or through the Site.

3.12 National reserves the right at its sole discretion to suspend or terminate accounts of Users who may be repeat infringers of intellectual property rights of third parties. National also reserves the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue the Site, Service, or National systems, tools or other services.

3.13 Unauthorized use of the Site may give rise to a claim for damages and/or be a criminal offense.

3.14 Certain areas of the Site and the Service (and your access to or use of certain aspects of the Service) 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 of Use and any terms or conditions for another Service or area of the Site, the latter terms and/or conditions will control with respect to your use of the Service or that portion of the Site with those separate terms or conditions.

3.15 .MODIFICATION.  National reserves the right, at its sole discretion, to modify the Site, or Service or to modify these Terms of Use, including the Fees, at any time and without prior notice. If National modifies these Terms of Use, National will either post the modification on the Site or otherwise provide you with notice of the modification. National will also update the "Last Updated Date" at the top of these Terms of Use. By continuing to access or use the Site or Services after National has posted a modification on the Site or has provided you with notice of a modification, each User hereby agrees to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to any User, the only recourse is to cease using the Site and/or Service.

  1. Account Registration; Reservation Requests; Proposals

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4.1   In order to access various parts of the Site or features of the Service, Users will be required to register and create an account.  Each User account once created will be a Registered User account and will be created for such User’s use of the Site and Service based on the information provided to National and the Site.  Each Registered User agrees to provide accurate, current and complete information during the registration process and to update any information necessary to keep it accurate, complete and up to date.  National reserves the right to suspend or terminate a Registered User’s account and access to the Site or Service if such User creates more than one account, or any information provided during the registration process or thereafter is inaccurate, not current, not complete, or fraudulent.  Each Registered User is responsible for safeguarding its password and shall not disclose such password to any third party.  Each Registered User also takes responsibility for any actions or activities under the Registered User’s account, whether or not such actions or activities are authorized by such Registered User.  A Registered User will immediately notify National of any unauthorized use of its account.

4.2   Reservation Requests.  Each Registered User that is a Customer can create Reservation Requests and may include in such Reservation Requests information about accommodations they are seeking, including but not limited to, location, size, features, capacity, availability and pricing.  Reservation Requests when submitted will be posted and available to all Registered Users to view via the Site and Service.  Other Registered Users will be able to view Reservation Requests and Providers will be able to submit Proposals via the Site and Service.  Each Registered User is responsible for all information and content posted in any Reservation Request or Proposal.  Once a Reservation Request is closed, because the deadline date has passed, the Customer has selected a Proposal, or the Customer has terminated the Reservation Request, no further Proposals or responses will be accepted by the Reservation Request.

4.2.1Each Registered User represents and warrants that any Reservation Request posted or submitted to the Site, including any content or data contained therein: (i) will not breach any agreements between the Registered User and any third parties, (ii) will comply with all applicable laws, Tax requirements, rule and regulations, (iii) will not conflict with or violate the rights of any third parties, and (iv) will not include any false, inaccurate or misleading information.  National reserves the right to remove or disable access for any Reservation Request for any reason, including those that National, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms of Use, any guidelines published by National, or otherwise may be harmful to the Site or the Service. 

4.2.2 If you are a Customer, you may also choose to include certain requirements which may be fulfilled by Registered Users who are eligible to submit a Proposal to your Reservation Request, such as requiring Providers to be located in certain jurisdictions or to have certain offerings or performance standards. Any Provider wishing to submit or post Proposals in response to Reservation Requests with such requirements shall use commercially reasonable efforts to meet those requirements. 

4.2.3If you are a Registered User that is a Customer, you acknowledge and agree that any Proposal you select as desirable for your Reservation Request will require you to enter into a separate agreement with the Provider of such Proposal outside and apart from this Site or the Service.  The Site and Service is not a party to the Booking or leasing agreement you may enter into with such Provider.  Notwithstanding the foregoing, the Site or Service is entitled to receive a Fee in connection with any Booking or reservation or leasing arrangement entered into between any Provider and a Customer as a result of the Service or the Site.  

4.3   Proposals.  Each Registered User that is a Provider can create and submit Proposals in response to any Reservation Request.  The Proposals can include information responsive to a Reservation Request such as, the location, size, capacity, features, availability and pricing of accommodations or properties. Proposals when submitted will be posted and available to certain Registered Users that have access and authorization to view responses to a Reservation Request on the Site and Service. Each Registered User is responsible for all information and content posted in any Reservation Request or Proposal.  Once a Reservation Request is closed, the Site and Service will no longer accept Proposals. 

4.3.1Each Registered User represents and warrants that any Proposal posted or submitted to the Site, including any content or data contained therein: (i) will not breach any agreements between the Registered User and any third parties, (ii) will comply with all applicable laws, Tax requirements, rule and regulations, (iii) will not conflict with or violate the rights of any third parties, and (iv) will not include any false, misleading or inaccurate information, and accurately represents the rights and obligations the Registered User has in connection with the property and accommodations proposed.  National reserves the right to remove or disable access for any Proposal for any reason, including those that National, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms of Use, any guidelines published by National, or otherwise may be harmful to the Site or the Service.

4.3.2If you are a Registered User that is a Provider, you acknowledge and agree that any Proposal you submit that is selected by a Customer, that in order for you to book any reservation or secure any lease with the Customer, you are required to enter into a separate agreement with the Customer of such Reservation Request outside and apart from this Site or the Service.  National, in connection with the Site and the Service, is not associated with the agreement or Booking or leasing agreement you may enter into with such Customer.  Notwithstanding the foregoing, National may be entitled to receive a Fee in connection with any Booking or reservation or leasing arrangement entered into between any Provider and a Customer as a result of the Service or the Site.

4.3.3National recommends that Providers obtain appropriate insurance for any properties or accommodations they include in any Proposals, if and when a Booking or leasing agreement is entered into with a Customer.

  1. User Content Restrictions.  Users may not post, list or license any content, data, video, photo, image, text, metadata, audio recording, or other work or material that:

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5.1   violates or infringes upon the rights of any third party, including, without limitation, copyright, trademark, privacy, publicity or other personal or proprietary rights;

5.2   Contains sexually explicit content or pornography;

5.3   Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;

5.4   Exploits minors;

5.5   Depicts unlawful acts or extreme violence;

5.6   Depicts animal cruelty or extreme violence towards animals;

5.7   contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

5.8   contains hyperlinks to other websites that contain content that falls within the descriptions set forth above;

5.9   Promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or

5.10 Violates any law.

  1. License:

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6.1   Subject to compliance with these Terms of Use, National grants each Registered User a limited, non-exclusive, non-transferable license to (i) access and view any National content, information or data solely for such User’s purposes, and (ii) access and view any Registered User Content to which such User has permission to view and access, solely for such User’s purposes.  Registered Users shall have no right to sublicense the license rights granted in this section. As a Registered User, you shall not use, copy, adapt, modify, prepare derivative works upon, distribute, license, sell, transfer, publicly display or perform, distribute, or otherwise exploit the Site or Services except as permitted by the Terms of Use.  No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by National or its licensors, except for licenses granted by these Terms of Use.  

6.2   License to National: As between each Registered User and National, each Registered User owns the User Content submitted or posted by such User on the Site or Service.  By listing User Content, such User grants National a limited, worldwide, non-exclusive, transferable, royalty free license and right to use, host, store, reproduce, transmit, distribute, display, modify, adapt, view, copy, sublicense, broadcast, view, access, publicly perform and otherwise exploit such User Content (through all media now known or hereafter devised), and make derivative works for the purpose of (i) displaying the User Content on the Site; (ii) displaying the User Content on third party websites as authorized by the Site or Service; (iii) promoting the Site and the Service, provided that you have made the User Content publicly available; and (iv) archiving or preserving the User Content for disputes, legal proceedings, or investigations. The above license will continue unless and until such User removes its User Content from the Site, in which case the license will terminate within a commercially reasonable period of time.  Notwithstanding the foregoing, the license for the legal/archival preservation purpose will continue indefinitely.  Please note that removed User Content may be cached in search engine indices after removal and that National has no control over such caching. 

6.3   Licenses to other Users: Upon listing or posting any User Content and submitting it to the Site or Service, Registered Users agree that third parties may access and view the User Content via the Site.  Additionally, Registered Users agree that they are solely responsible for (i) the content and information in the User Content and (ii) the terms and accuracy of the User Content.  When a Customer selects any Proposal, the Registered User that submitted the Proposal agrees that the User Content may be relied upon for accuracy by the Customer pursuant to the terms set forth by such User, including any additional terms (if applicable) that such Registered User may have included when posting and submitting the User Content on the Site.  Registered Users may modify their Reservation Requests and Proposals at any time on the Site and Service in accordance with listing guidelines that may be available on the Site from time to time. Notwithstanding the foregoing, any changes to Reservation Requests or Proposals may result in delays in displaying the information on the Site or via the Service and Registered Users may rely on User Content previously submitted.  Registered Users, Customers and Providers are solely responsible for confirming the details of User Content, Reservation Requests and Proposals and any acceptance of Proposals via the Site or Service.  The Site or Service is not responsible for any changes made to any User Content made by Users.

6.4   Representations and Warranties: For each piece of User Content submitted and posted on the Site, the Registered User represents and warrants that: (i) it has all requisite right, power, and authority to enter into these Terms of Use and perform the obligations hereunder; (ii) prior to the submission of the User Content, the Registered User has obtained all rights, licenses, clearances and permissions to extend the terms set forth in the User Content to the applicable Users or to National pursuant to the terms herein that are necessary for the Registered User or National, as applicable, to take action in reliance of the User Content without any further rights, permissions, licenses being required, (iii) the User Content (and the listing of such User Content on the Site) is not defamatory, libelous, obscene, or otherwise illegal, does not invade any right of privacy, and does not infringe upon any intellectual property right or right of publicity of any person or entity, and any recipe, formula, or instruction contained in the User Content is accurate and is not injurious to any User, (iv) the User Content complies with the User Content Restrictions set forth above (as may be updated from time to time), (vi) Registered Users are solely responsible for ensuring all payments to third parties or interested parties in connection with a Booking are accounted to and paid. 

6.5   Posting Conditions: By submitting and posting your User Content on the Site and using the Service, each Registered User agrees to pay all Fees for use of the Site and Service, assume full responsibility for the User Content offered and the Reservation Request or the Proposal, and accept that your listing of User Content on the Site may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances).  Failure to adhere to the terms and conditions herein shall result in the right of the Site and Service to terminate your account and suspend any rights to respond to User requests. Additionally, failure to pay any invoices to National in connection with your use of the Site or Service as invoiced to you shall result in the right of National and the Site/Service to terminate your account with the Site/Service.

  1. Privacy and Intellectual Property.

7.1   National is committed to respecting and protecting its Users’ privacy. Please review our Privacy Policy for information regarding how we collect, use, and disclose personal information.

7.2   National does not warrant or represent that the use of the Site or the Service will be confidential. 

7.3   National is not responsible for any harm that a User or any person may suffer as a result of a breach of any confidentiality in respect to a User’s use of the Site or Service.

7.4   Users shall not disclose any confidential information made available to them through the Site.

7.5   While National has taken some precautions to protect information transmitted to the Site over the Internet, National does not warrant the security of that information.  National will take industry reasonable steps to preserve the security of any Customer Data submitted to the Site and the Service.

7.6   National is also committed to respecting and protecting other people’s intellectual property rights. Please review our Intellectual Property Infringement Policy for information about how to protect your intellectual property rights.

  1. Account Registration/Membership

8.1   Registration.  When a User registration application is accepted by National, each Registered User will have a single account that is accessible from the Site.  Each Registered User’s member account will enable such User to list, index, post, upload and otherwise market its User Content, Reservation Requests and/or Proposals for display on the Site.    

8.2   Registration Representations.  Each Registered User also agrees to: (i) provide true, accurate, current and complete information about themselves as prompted by the account registration form on the Site for use of the Services ("Customer Data") and (ii) maintain and promptly update the Customer Data to keep it true, accurate, current and complete.  If a User provides any information that is untrue, inaccurate, not current or incomplete, or National has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, National 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). 

8.3   User Name.  If you are a business, government, or non-profit entity, you must use the actual name of your organization. A User may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.

8.4   Account Security. Each User is responsible for keeping its password secure. Users agree not to use another user’s account or password at any time, or to disclose its password to any third party. Each User also agrees to notify National immediately if it suspects any unauthorized use of its account or access to its password. A User should never respond to an online request for a password other than in connection with the log-on process for the Site. A User’s disclosure of its password to any other person is entirely at its own risk. Although National will not be liable for a User’s losses caused by any unauthorized use of its account, a User may be liable for National’s losses or the losses of others as a result of such unauthorized use.

  1. Fees

9.1   You do not have to pay a fee to access the Site or to become a Registered User.  You do not have to pay a fee to submit or post your User Content, Reservation Request or Proposal on the Site; however, Registered Users may be charged Fees in connection with a Booking between a Customer and a Provider or between Registered Users as a result of accessing the Site or Service.  Initially all fees charged will be set forth in the initial set up agreement or Engagement Agreement a User signs when applying for use of the Site and Services.  The Site and Service reserve the right to update or modify the fee schedules or arrangements upon notice to you, which may include notice of updated terms and conditions.   

9.2   If you are a Customer and submit a Reservation Request that is matched with a Proposal that you select and separately create a Booking or enter into a lease agreement with a Provider of the Service, a fee may be applied for the Booking.  If a fee is owed for a Booking by a Customer pursuant to an agreement with that Customer and the Site or Service, the Customer will be invoiced within thirty (30) days of the date the Customer selects a Proposal that results in a Booking.  Customers shall pay all Fees, if applicable, upon receipt of National’s invoice.

9.3   If you are a Provider, National will charge you a Fee for each Booking that results as a result of a Proposal submitted and posted on the Site or Service, based on the Fee agreement you initially agreed to when applying for your User account (the "Fees").  In the event there are any changes to the Fees, such changes will be posted to the Site, such changes are effective after we provide you with at least thirty days' notice by posting the changes on the Site. All payments by Providers of the Site, if applicable, will be invoiced within thirty (30) days of the date the Customer selects a Proposal that results in a Booking.  Providers shall pay all Fees, if applicable, upon receipt of National’s invoice.

9.4   In addition, as a Provider you are responsible for paying all fees and applicable Taxes on any amounts paid to you in connection with a Booking.

9.5   All amounts and prices on the Site are in U.S. dollars. The Provider is responsible for all costs of currency conversion from his or her preferred currency to the U.S. dollar.  

  1. Selecting Proposals and Submitting Proposals to Reservation Requests

10.1 When a Customer selects a Proposal for a Reservation Request, the Customer agrees to use best efforts to work with that Provider in completing a Booking.  

10.2 Each Customer and Provider is responsible for ensuring and warranting that the requirements of any Reservation Request and Proposal that is selected are accurate in any Booking.

10.3 If you select a Proposal in connection with your Reservation Request or if you submit a Proposal to a Reservation Request and do not remove or modify it, you warrant, represent, acknowledge and agree to the following terms:

10.3.1  You agree to use best efforts to proceed to a Booking or shall notify National that no Booking occurs within three (3) days of selecting a Proposal;

10.3.2  National does not give any undertaking as to the continued availability of any Reservation Request or Proposal posted on the Site;

10.3.3  The Customer and the Provider shall separately agree to terms and conditions regarding any Booking that is between those parties and shall adhere to all laws, regulations and have all licenses and qualifications in connection with such obligations. 

10.3.4  You will pay any Fees required or applicable for the use of the Site or Service.

10.4 You acknowledge and agree that despite National’s reasonable precautions, User Content, Reservation Requests, and Proposals may be listed with incorrect information due to a typographical error or similar oversight.  In these circumstances, National reserves the right to modify or reverse a transaction, even after a Proposal is selected. 

10.5 National is not liable for any loss, damage, expense, or other liability suffered by you as a result of a Booking or a potential Booking or other transaction between a Provider and Customer in connection with any use, lease, potential lease of any accommodation or property. Provider and Customer are the parties to a Booking that will be conducted offline and off the Site.  Any harm, damage, loss, liability, expense, or other injury incurred by or inflicted upon the Provider or Customer as a result of a Booking or in connection with a Booking shall be between the Customer and the Provider only.  Provider and Customer agree and acknowledge that National shall have no responsibility or liability for any such harm, damage, loss, liability, expense, or other injury.

  1. Indemnification and Release

11.1       As a Registered User, you will indemnify, defend, and hold harmless National and its affiliates, directors, officers, employees, and agents, from and against any claims, liabilities, demands, costs and expenses, including reasonable attorneys’ fees, made by any third party that:

11.1.1  arises from your use of the Site or use of the Services;

11.1.2  arises from any User Content you submit, list, or post on the Site or use of the Service;

11.1.3  arises from or relates to your submission or listing or posting of any User Content (including but not limited to content, data, videos, photos, text or other information contained in any User Content), message, content, information, software or other materials through the Site and Service;

11.1.4  arises from or relates to your breach of any third party contract or terms of service;

11.1.5  arises from or relates to any violation or breach of these Terms of Use, including but not limited to any breach of any warranty, obligation, undertaking or covenant contained herein or in any document or policy referenced herein; or

11.1.6  arises from or asserts that any User Content you post, submit, list or display on National violates any law or infringes any third party right, including any intellectual property or privacy or publicity right.

11.2 As a User, you will indemnify, defend, and hold harmless National and its affiliates, directors, officers, employees, and agents, from and against any claims, liabilities, demands, costs and expenses, including reasonable attorneys’ fees, made by any third party that:

11.2.1  arises from your use of the Site or use of the Services;

11.2.2  arises from or relates to your breach of any third party contract or terms of service in connection with your use of the Site or Services; or

11.2.3  arises from or relates to any violation or breach of these Terms of Use, including but not limited to any breach of any warranty, obligation, undertaking or covenant contained herein or in any document or policy referenced herein.

11.3 With respect to all Users, if you have a dispute with one or more Users, you agree to release National, and its affiliates, directors, officers, employees, and agents, from and against any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected to such disputes.  If you are a California resident, you waive California Civil Code § 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

11.4 National reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with National’s defense of such claim.

  1. Disclaimer

12  

12.1 NATIONAL IS NOT PROVIDING ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE USER CONTENT, THE SITE, SERVICE AND/OR MATERIALS AVAILABLE THROUGH THE SITE.  THE SITE, SERVICE, AND/OR MATERIALS AVAILABLE THROUGH THE SITE ARE PROVIDED BY NATIONAL ON AN “AS IS” AND “AS AVAILABLE” BASIS. NATIONAL DISCLAIMS ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  IN PARTICULAR, NATIONAL MAKES NO WARRANTY THAT THE SITE, INCLUDING THE SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT THE SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE, INCLUDING THE SERVICES, WILL BE AVAILABLE, OR THAT DATA ENTERED ARE SECURE FROM UNAUTHORIZED ACCESS. NO ADVICE OR INFORMATION GIVEN BY NATIONAL, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY.

12.2 YOU EXPRESSLY AGREE THAT YOUR USE OF THE USER CONTENT, THE SITE, SERVICES, AND/OR ANY BOOKING INITIATED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND AT YOUR SOLE RISK.  NATIONAL MAKES NO WARRANTY ABOUT THE RESULTS TO BE OBTAINED FROM USING THE USER CONTENT, SITE, SERVICES AND/OR BOOKING INITIATED THROUGH THE SITE.

12.3 NATIONAL SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE, HARM, INJURY, HOLDOVER, OR OTHER CLAIM, EXPENSE, DAMAGE OR LIABILITY FOR ANY BOOKING THAT IS COMPLETED BETWEEN A PROVIDER AND CUSTOMER IN CONNECTION WITH THE SERVICES OFFERED THROUGH THE SITE.

  1. Limitation of Liability

13.1 YOU ACKNOWLEDGE THAT NEITHER NATIONAL NOR ITS AFFILIATES SHALL BE RESPONSIBLE OR LIABLE FOR ANY LOSS OF MONEY, GOODWILL, OR REPUTATION, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, THE SERVICE, OR ANY USER CONTENT.

13.2 WITH RESPECT TO ALL OTHER CLAIMS RELATED TO YOUR USE OF THE SITE OR THE SERVICES, NATIONAL’S LIABILITY SHALL NOT EXCEED $500.  

13.3 NEITHER NATIONAL NOR ITS AFFILIATES WILL BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

13.4 YOU WILL NOT HOLD NATIONAL OR ITS AFFILIATES RESPONSIBLE FOR OTHER USERS’ USER CONTENT, ACTIONS OR INACTIONS, OR USER CONTENT OR OTHER CONTENT OR DATA THAT USERS LIST OR POST.

13.5 YOU ACKNOWLEDGE AND UNDERSTAND THAT THE SITE AND SERVICE IS ONLY A MARKETPLACE AND IS NOT A PARTY IN THE ACTUAL TRANSACTION BETWEEN PROVIDER AND CUSTOMER.

13.6 NATIONAL MAY HELP FACILITATE RESOLUTIONS TO DISPUTES AMONG USERS, NATIONAL HAS NO CONTROL OVER AND DOES NOT GUARANTEE (i) THE QUALITY, SAFETY, OR LEGALITY OF USER CONTENT LISTED, INDEXED, POSTED, UPLOADED OR DISPLAYED ON THE SITE, (ii) THE TRUTH OR ACCURACY OF USER CONTENT OR POSTINGS, (iii) THE ABILITY OF CUSTOMERS TO PAY FOR BOOKINGS, OR (iv) THAT A PROVIDER OR CUSTOMER OR REGISTERED USER WILL ACTUALLY COMPLETE A TRANSACTION AS A RESULT OF THE SITE OR SERVICE.

  1. Linking to other Websites

14.1 You agree that if you include a link from any other website to the Site, such link must link to the full version of an HTML formatted page of the relevant website.

14.2 We reserve all rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other website at any time upon written notice to you.

14.3 You may be able to link from the Site to third party websites and third party websites may be able to link to the Site (the “Linked Sites”).  You acknowledge and agree that we have no responsibility for the information, content, data, metadata, advertising, services, code or other materials which may or may not be provided by or through the Linked Sites, even if they are owned or hosted by our affiliates. The inclusion of any Linked Site on the Site does not constitute or indicate any relationship between National and such Linked Site or any endorsement or sponsorship by National of such Linked Site. 

14.4 National disclaims any and all liability for links from another website to the Site and to another website from the Site. National also is not responsible for any form of transmission from any Linked Site. 

  1. Miscellaneous

15.1 Relationship between the parties.  Nothing in these Terms of Use creates any actual or apparent agency, partnership or joint venture, franchise or other association between the parties.  A party cannot in any way or for any purpose bind another party or contract in the name of another party. 

15.2 These Terms of Use may be updated by us from time to time without notice to you. Your continued use of the Site or the Services after any such changes constitutes your acceptance of the Terms of Use and any change to the Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site or the Services.  These Terms of Use may not otherwise be amended by you except in a writing hand signed by you and National.   For purposes of this provision, a “writing” does not include an email message and a signature does not include an electronic signature.  In addition, when using particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. 

15.3 Governing Law; Venue. The laws of Colorado, USA, without regard to its conflict of laws principles, will apply to any disputes arising out of or relating to these Terms of Use, the Site or the Services.  You agree that any claim or dispute you may have against National must be resolved exclusively by a state or federal court located in Denver County, Colorado.  You agree to submit to the personal jurisdiction of the courts located within Denver County, Colorado for the purpose of litigating all such claims or disputes.  You agree that all claims filed or brought contrary to this section shall be considered improperly filed.  Should you file a claim contrary to this section, National may recover attorneys’ fees and costs up to fifteen hundred dollars, provided that National notifies you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

15.4 The failure of National to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

15.5 If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and, in any case, the remainder of the Terms of Use shall continue in effect.

15.6 These Terms of Use, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by National without restriction.

15.7 These Terms of Use constitute the entire understanding between you and National with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and National with respect to the Site.

  1. Contact Information and Notices

16.1 All questions regarding these Terms of Use should be directed to National at: legal@nationalcorporatehousing.com

16.2 For purposes of this Agreement, any notices will be sent in writing to the following respective addresses: For National Corporate Housing, Inc.: 8400 E. Crescent Pkwy, Ste 300, Greenwood Village, CO 80111. For you, the physical and/or e-mail address provided by you to National at the time you registered, which may be updated by you from time to time.