Terms Of Service
Last
Modified: 12/26/2023
These Terms
contain an arbitration agreement and class action waiver that apply to all
claims brought against Silver Tsunami LLC, in the United States.
These Terms of Service are entered into by and between
You and Silver Tsunami LLC, DBA Carehosts.com, (“Carehosts,” “Company,” “we,”
or “us”). The following terms and conditions, together with any documents they
expressly incorporate by reference (collectively, “Terms of Service”) govern
your access to and use of carehosts.com, including any content, functionality,
and services offered on or through carehosts.com (the “Website”), whether as a
guest or a registered user.
Please read the Terms of Service carefully before you
start to use the Website. By using the Website or by clicking to accept or
agree to the Terms of Service when this option is made available to you, you
accept and agree to be bound and abide by these Terms of Service and our
Privacy Policy, found at https://stay.carehosts.com/privacy_policy,
incorporated herein by reference. If you do not want to agree to these Terms of
Service or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to Washington
State residents who 18 years of age or older. By using this Website, you
represent and warrant that you are of legal age to form a binding contract with
the Company and meet all of the foregoing eligibility requirements. If you do
not meet all of these requirements, you must not access or use the Website.
Carehosts offers an online platform for users to list
properties for short term rentals and for members to book and stay at those
properties. Carehosts does not own, control, offer or manage any listings or
properties and it is not a party to the contracts concluded directly between
Managers who publish listings for booking and providing other services and
Visitors who book stays with Managers and use the platform. As a Manager of
listings and/or properties, you are responsible for understanding and complying
with all laws and regulations.
CHANGES TO THE
TERMS OF SERVICE
We may revise and update these Terms of Service from
time to time in our sole discretion. All changes are effective immediately when
we post them and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting
of revised Terms of Service means that you accept and agree to the changes. You
are expected to check this page from time to time so you are aware of any
changes, as they are binding on you.
● Accessing the Website and
Account Security
We reserve the right to withdraw or amend this Website,
and any service or material we provide on the Website, in our sole discretion
without notice. We will not be liable if for any reason all or any part of the
Website is unavailable at any time or for any period. From time to time, we may
restrict access to some parts of the Website, or the entire Website, to users,
including registered users.
You are responsible for both:
Making all arrangements necessary for you to have
access to the Website.
Ensuring that all persons who access the Website
through your internet connection are aware of these Terms of Service and comply
with them.
To access the Website or some of the resources it
offers, you may be asked to provide certain registration details or other
information. It is a condition of your use of the Website that all the
information you provide on the Website is correct, current, and complete. You
agree that all information you provide to register with this Website or
otherwise, including, but not limited to, through the use of any interactive
features on the Website, is governed by our Privacy Policy and you
consent to all actions we take with respect to your information consistent with
our Privacy Policy.
If you choose, or are provided with, a user name,
password, or any other piece of information as part of our security procedures,
you must treat such information as confidential, and you must not disclose it
to any other person or entity. You also acknowledge that your account is
personal to you and agree not to provide any other person with access to this
Website or portions of it using your username, password, or other security
information. You agree to notify us immediately of any unauthorized access to
or use of your username or password or any other breach of security. You also
agree to ensure that you exit from your account at the end of each session. You
should use particular caution when accessing your account from a public or
shared computer so that others are not able to view or record your password or
other personal information.
We have the right to disable any user name, password,
or other identifier, whether chosen by you or provided by us, at any time in
our sole discretion for any or no reason, including if, in our opinion, you
have violated any provision of these Terms of Service.
● Manager Listings
When you accept a booking request, or receive a booking
confirmation through the Carehosts Platform, you are entering into a contract
directly with the Visitor, and are responsible for delivering your
accommodations under the terms and at the price specified in your Listing. You
are also agreeing to pay applicable fees like Our service fee (and applicable
taxes) for each booking. Carehosts payment amounts will deduct amounts you owe
from your payout unless we and you agree to a different method. Any terms,
policies or conditions that you include in any supplemental contract with
Visitor must: (i) be consistent with these Terms, our Policies, and the
information provided in your Listing, and (ii) be prominently disclosed in your
listing description.
You are an independent individual or entity and not an
employee, agent, joint venturer, or partner of the Company, except that We may
act as a payment collection agent as described in the Payments Terms. We will
not and do not direct or control your services, and you agree that you have
complete discretion whether and when to provide services, and at what price and
on what terms to offer them.
Your listing should include complete and accurate
information about your accommodations, your price, other charges like cleaning
fees, resort fees, security deposits, offline fees, and any rules or
requirements that apply. You are responsible for keeping your listing
up-to-date.
You are responsible for understanding and complying
with any laws, rules, regulations, and contracts with third parties that apply
to your Listing or Services. Currently, this service is intended only for
accommodations in Washington State.
We maintain and control search rankings. For more
information, please contact us.
You are responsible and liable for your own acts and
omissions and are also responsible for the acts and omissions of anyone you
allow to participate in providing your services. You are responsible for
setting your price and establishing rules and requirements for your listing.
You must describe any and all fees and charges in your Listing description and
may not collect any additional fees or charges outside of our platform.
As a Manager, you should not cancel on a Visitor
without a valid reason. If you cancel on a Visitor without a valid reason, we
may impose a cancellation fee and the Visitor may be entitled to a Refund. If a
Visitor experiences an Accommodation Issue or a Manager cancels a booking
without a valid reason, the amount you are paid will be reduced by the amount
we refund or otherwise provide to the Visitor, and by any other reasonable
costs we incur as a result of the cancellation. If a Visitor receives a refund
after you have already been paid, or the amount of the refund and other costs
incurred by the Company exceeds your payout, the Company may recover that
amount from you, including by offsetting the refund against your future
payouts. If we reasonably expect to provide a refund to a Visitor, we may delay the release of any payout for that reservation until a refund decision is made.
You are responsible for determining and fulfilling your
obligations under applicable laws to report, collect, remit, or include in your
price any applicable VAT or other indirect taxes, occupancy taxes, tourist,
income, or other taxes (“Taxes”). We do not collect or remit taxes on your
behalf.
● Subscriptions and Accounts
We may charge fees and applicable taxes for use of the
Carehosts platform. These fees are not refundable. Fee changes will not affect
bookings made prior to the change. You must register an account to access and
use many features of Our Platform. Registration is only permitted for legal
entities, partnerships and natural persons who are 18 years or older. You
represent and warrant that you are not a person or entity barred from using Our
Platform and that your listing is in Washington State. You must provide accurate, current, and
complete information during registration and keep your account information
up-to-date. You may not register more than one account or transfer your account
to someone else. You are responsible for maintaining the confidentiality and
security of your account credentials and may not disclose your credentials to
any third party. You are responsible and liable for activities conducted
through your account and must immediately notify us if you suspect that your
credentials have been lost, stolen, or your account is otherwise compromised.
If and as permitted by applicable law, we may, but have no obligation to (i)
ask you to provide identification or other information, (ii) undertake checks
designed to help verify your identity or background, (iii) screen you against
third-party databases or other sources and request reports from service
providers, and (iv) obtain reports from public records of criminal convictions
or sex offender registrations or their local equivalents.
● Intellectual Property Rights
The Website and its entire contents, features, and
functionality (including but not limited to all information, software, text,
displays, images, video, and audio, and the design, selection, and arrangement
thereof) are owned by the Company, its licensors, or other providers of such
material and are protected by United States and international copyright,
trademark, patent, trade secret, and other intellectual property or proprietary
rights laws.
These Terms of Service permit you to use the Website
for your personal, non-commercial use only. You must not reproduce, distribute,
modify, create derivative works of, publicly display, publicly perform,
republish, download, store, or transmit any of the material on our Website,
except as follows:
Your computer may temporarily store copies of such
materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by
your Web browser for display enhancement purposes.
If we provide desktop, mobile, or other applications
for download, you may download a single copy to your computer or mobile device
solely for your own personal, non-commercial use, provided you agree to be
bound by our end user license agreement for such applications.
If we provide social
media features with certain content, you may take such actions as are
enabled by such features.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio
sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other
proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes
any part of the Website or any services or materials available through the
Website.
If you wish to make any use of material on the Website
other than that set out in this section, please address your request to:
Care@carehosts.com.
If you print, copy, modify, download, or otherwise use
or provide any other person with access to any part of the Website in breach of
the Terms of Service, your right to use the Website will stop immediately and
you must, at our option, return or destroy any copies of the materials you have
made. No right, title, or interest in or to the Website or any content on the
Website is transferred to you, and all rights not expressly granted are
reserved by the Company. Any use of the Website not expressly permitted by
these Terms of Service is a breach of these Terms of Service and may violate copyright,
trademark, and other laws.
● Trademarks
The Company name, logo, motto and all related names,
logos, product and service names, designs, and slogans are trademarks of the
Company or its affiliates or licensors. You must not use such marks without the
prior written permission of the Company. All other names, logos, product and
service names, designs, and slogans on this Website are the trademarks of their
respective owners.
● Prohibited Uses
You may use the Website only for lawful purposes and in
accordance with these Terms of Service. You agree not to use the Website:
In any way that violates any applicable federal, state,
local, or international law or regulation (including, without limitation, any
laws regarding the export of data or software to and from the US or other
countries).
For the purpose of exploiting, harming, or attempting
to exploit or harm minors in any way by exposing them to inappropriate content,
asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising
or promotional material without our prior written consent, including any “junk
mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a
Company employee, another user, or any other person or entity (including,
without limitation, by using email addresses or screen names associated with
any of the foregoing).
To engage in any other conduct that restricts or
inhibits anyone’s use or enjoyment of the Website, or which, as determined by
us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable,
overburden, damage, or impair the site or interfere with any other party’s use
of the Website, including their ability to engage in real time activities
through the Website.
Use any robot, spider, or other automatic device,
process, or means to access the Website for any purpose, including monitoring
or copying any of the material on the Website.
Use any manual process to monitor or copy any of the
material on the Website, or for any other purpose not expressly authorized in
these Terms of Service, without our prior written consent.
Use any device, software, or routine that interferes
with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic
bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with,
damage, or disrupt any parts of the Website, the server on which the Website is
stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a
distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
● User Contributions
The Website may contain reviews, message boards, chat
rooms, personal web pages or profiles, forums, bulletin boards, reviews from
users, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish,
display, or transmit to other users or other persons (hereinafter, “post”) content or materials
(collectively, “User Contributions”)
on or through the Website.
All User Contributions must comply with the Content
Standards set out in these Terms of Service. Reviews are not verified for
accuracy and may be incorrect or misleading.
Any User Contribution you post to the site will be
considered non-confidential and non-proprietary. By providing any User
Contribution on the Website, you grant us and our affiliates and service
providers, and each of their and our respective licensees, successors, and
assigns the right to use, reproduce, modify, perform, display, distribute, and
otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User
Contributions and have the right to grant the license granted above to us and
our affiliates and service providers, and each of their and our respective
licensees, successors, and assigns.
All of your User Contributions do and will comply with
these Terms of Service.
You understand and acknowledge that you are responsible
for any User Contributions you submit or contribute, and you, not the Company,
have full responsibility for such content, including its legality, reliability,
accuracy, and appropriateness.
We are not responsible or liable to any third party for
the content or accuracy of any User Contributions posted by you or any other
user of the Website.
By providing reviews, photographs, feedback, video,
audio, or other information, you grant the Company a non-exclusive, worldwide,
royalty-free, irrevocable, perpetual, sub-licensable and transferable license
to copy, modify, prepare derivative works of, distribute, publish and otherwise
exploit, that Content, without limitation
● Monitoring and Enforcement;
Termination
We have the right to:
Remove or refuse to post any User Contributions for any
or no reason in our sole discretion.
Take any action with respect to any User Contribution
that we deem necessary or appropriate in our sole discretion, including if we
believe that such User Contribution violates the Terms of Service, including
the Content Standards, infringes any intellectual property right or other right
of any person or entity, threatens the personal safety of users of the Website
or the public, or could create liability for the Company.
Disclose your identity or other information about you
to any third party who claims that material posted by you violates their
rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without
limitation, referral to law enforcement, for any illegal or unauthorized use of
the Website.
Terminate or suspend your access to all or part of the
Website for any or no reason, including without limitation, any violation of these
Terms of Service.
Without limiting the foregoing, we have the right to
cooperate fully with any law enforcement authorities or court order requesting
or directing us to disclose the identity or other information of anyone posting
any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE
COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS
RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES
DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH
PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material
before it is posted on the Website and cannot ensure prompt removal of
objectionable material after it has been posted. Accordingly, we assume no
liability for any action or inaction regarding transmissions, communications,
or content provided by any user or third party. We have no liability or
responsibility to anyone for performance or nonperformance of the activities
described in this section.
● Content Standards
These content standards apply to any and all User
Contributions and use of Interactive Services. User Contributions must in their
entirety comply with all applicable federal, state, local, and international
laws, and regulations. Without limiting the foregoing, User Contributions must
not:
Contain any material that is defamatory, obscene,
indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or
otherwise objectionable.
Promote sexually explicit or pornographic material,
violence, or discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret,
copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of
publicity and privacy) of others or contain any material that could give rise
to any civil or criminal liability under applicable laws or regulations or that
otherwise may be in conflict with these Terms of Service and our Privacy Policy
[LINK TO PRIVACY POLICY].
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or
assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or
be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent your identity or
affiliation with any person or organization.
Involve commercial activities or sales, such as
contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
● Copyright Infringement
We take claims of copyright infringement seriously. We
will respond to notices of alleged copyright infringement that comply with
applicable law. If you believe any materials accessible on or from this site
(the “Website”) infringe your
copyright, you may request removal of those materials (or access to them) from
the Website by submitting written notification to our copyright agent
designated below. In accordance with the Online Copyright Infringement
Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. §
512) (“DMCA”), the written notice
(the “DMCA Notice”) must include
substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to
have been infringed or, if the claim involves multiple works on the Website, a
representative list of such works.
Identification of the material you believe to be
infringing in a sufficiently precise manner to allow us to locate that
material.
Adequate information by which we can contact you
(including your name, postal address, telephone number, and, if available, email
address).
A statement that you have a good faith belief that use
of the copyrighted material is not authorized by the copyright owner, its
agent, or the law.
A statement that the information in the written notice
is accurate.
A statement, under penalty of perjury, that you are
authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices
is:
|
Anthony
Potts Silver
Tsunami LLC 7511
W. Arrowhead Ave STE B Kennewick, WA. 99336 care@carehosts.com |
If you fail to comply with all of the requirements of
Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially
misrepresent that material or activity on the Website is infringing your
copyright, you may be held liable for damages (including costs and attorneys’
fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Website
was removed or access to it was disabled by mistake or misidentification, you
may file a counter notification with us (a “Counter Notice”) by submitting written notification to our
copyright agent designated above. Pursuant to the DMCA, the Counter Notice must
include substantially the following:
Your physical or electronic signature.
An identification of the material that has been removed
or to which access has been disabled and the location at which the material
appeared before it was removed or access disabled.
Adequate information by which we can contact you
(including your name, postal address, telephone number, and, if available,
email address).
A statement under penalty of perjury by you that you
have a good faith belief that the material identified above was removed or
disabled as a result of a mistake or misidentification of the material to be
removed or disabled.
A statement that you will consent to the jurisdiction
of the Federal District Court for the judicial district in which your address
is located within the State of Washington (or if you reside outside the United
States for any judicial district in which the Website may be found) and that
you will accept service from the person (or an agent of that person) who
provided the Website with the complaint at issue.
The DMCA allows us to restore the removed content if
the party filing the original DMCA Notice does not file a court action against
you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially
misrepresent that material or activity on the Website was removed or disabled
by mistake or misidentification, you may be held liable for damages (including
costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is
our policy in appropriate circumstances to disable and/or terminate the
accounts of users who are repeat infringers.
● Reliance on Information Posted
The information presented on or through the Website is
made available solely for general information purposes. We do not warrant the
accuracy, completeness, or usefulness of this information. Any reliance you
place on such information is strictly at your own risk. We disclaim all
liability and responsibility arising from any reliance placed on such materials
by you or any other visitor to the Website, or by anyone who may be informed of
any of its contents.
This Website may include content provided by third
parties, including materials provided by other users, bloggers, and third-party
licensors, syndicators, aggregators, and/or reporting services. All statements
and/or opinions expressed in these materials, and all articles and responses to
questions and other content, other than the content provided by the Company,
are solely the opinions and the responsibility of the person or entity
providing those materials. These materials do not necessarily reflect the
opinion of the Company. We are not responsible, or liable to you or any third
party, for the content or accuracy of any materials provided by any third
parties.
● Changes to the Website
We may update the content on this Website from time to
time, but its content is not necessarily complete or up to date. Any of the
material on the Website may be out of date at any given time, and we are under
no obligation to update such material.
● Information About You and Your
Visits to the Website
All information we collect on this Website is subject
to our Privacy Policy. By
using the Website, you consent to all actions taken by us with respect to your
information in compliance with the Privacy Policy.
● Terms of Online Sale
All payments made through our site or other
transactions formed through the Website or resulting from visits made by you,
are governed by the Resident Admissions
Terms, any other agreements we may make between us, and the terms of our
third-party payments processor, Stripe which may be viewed here
https://stripe.com/payment-terms/legal, all of which are hereby incorporated
into these Terms of Use.
Additional terms and conditions may also apply to
specific portions, services, or features of the Website. All such additional
terms and conditions are hereby incorporated by this reference into these Terms
of Use.
● Linking to the Website and
Social Media Features
You may link to our homepage, provided you do so in a
way that is fair and legal and does not damage our reputation or take advantage
of it, but you must not establish a link in such a way as to suggest any form
of association, approval, or endorsement on our part without our express
written consent.
This Website may provide certain social media features
that enable you to:
Link from your own or certain third-party websites to
certain content on this Website.
Send emails or other communications with certain
content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be
displayed or appear to be displayed on your own or certain third-party
websites.
You may use these features solely as they are provided
by us in accordance with any additional terms and conditions we provide with
respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by
you.
Cause the Website or portions of it to be displayed on,
or appear to be displayed by, any other site, for example, framing, deep
linking, or in-line linking.
Link to any part of the Website other than the
homepage.
Otherwise take any action with respect to the materials
on this Website that is inconsistent with any other provision of these Terms of
Service.
The website from which you are linking, or on which you
make certain content accessible, must comply in all respects with the Content
Standards set out in these Terms of Service.
You agree to cooperate with us in causing any
unauthorized framing or linking immediately to stop. We reserve the right to
withdraw linking permission without notice.
We may disable all or any social media features and any
links at any time without notice in our discretion.
● Links from the Website
If the Website contains links to other sites and
resources provided by third parties, these links are provided for your
convenience only. This includes links contained in advertisements, including
banner advertisements and sponsored links. We have no control over the contents
of those sites or resources and accept no responsibility for them or for any
loss or damage that may arise from your use of them. If you decide to access
any of the third-party websites linked to this Website, you do so entirely at
your own risk and subject to the terms and conditions of use for such websites.
● Geographic Restrictions
The owner of the Website is based in the State of
Washington in the United States. We provide this Website for use only by
persons located in the United States. We make no claims that the Website or any
of its content is accessible or appropriate outside of the United States.
Access to the Website may not be legal by certain persons or in certain
countries. If you access the Website from outside the United States, you do so
on your own initiative and are responsible for compliance with local laws.
● Disclaimer of Warranties
You understand that we cannot and do not guarantee or
warrant that files available for downloading from the internet or the Website
will be free of viruses or other destructive code. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular
requirements for anti-virus protection and accuracy of data input and output,
and for maintaining a means external to our site for any reconstruction of any
lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY
LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR
OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE
WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES
OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS
CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON
AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE
COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,
SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH
THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE,
ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR
THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY
HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT
CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
● Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL
THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY
LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO
USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH
OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL
INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF
PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF
GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),
BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT
BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You acknowledge that many activities carry inherent
risks and agree that, to the maximum extent permitted by applicable law, you
assume the entire risk arising out of your access to and use of our Platform
and any Content, including your LISTING OR stay at any Accommodation. yOU MAY
ARE RESPONSIBLE TO INVESTIGATE THE PARTIES USING YOUR ACCOMMODATIONS OR
MANAGING YOUR ACCOMMODATIONS.
● Indemnification
You agree to
defend, indemnify, and hold harmless the Company, its affiliates, licensors,
and service providers, and its and their respective officers, directors,
employees, contractors, agents, licensors, suppliers, successors, and assigns
from and against any claims, liabilities, damages, judgments, awards, losses,
costs, expenses, or fees (including reasonable attorneys’ fees) arising out of
or relating to your violation of these Terms of Service or your use of the Website,
including, but not limited to, your User Contributions, any use of the
Website’s content, services, and products other than as expressly authorized in
these Terms of Service, or your use of any information obtained from the
Website.
● Governing Law and Jurisdiction
All matters relating to the Website and these Terms of
Service, and any dispute or claim arising therefrom or related thereto (in each
case, including non-contractual disputes or claims), shall be governed by and
construed in accordance with the internal laws of the State of Washington State
without giving effect to any choice or conflict of law provision or rule
(whether of the State of Washington State or any other jurisdiction).
Any legal suit, action, or proceeding arising out of,
or related to, these Terms of Service or the Website shall be instituted
exclusively in the federal courts of the United States or the courts of the
State of Washington State, in each case located in the City of Richland and
County of Benton, although we retain the right to bring any suit, action, or
proceeding against you for breach of these Terms of Service in your country of
residence or any other relevant country. You waive any and all objections to
the exercise of jurisdiction over you by such courts and to venue in such
courts.
● Arbitration
At Company’s sole discretion, it may require You to
submit any disputes arising from these Terms of Service or use of the Website,
including disputes arising from or concerning their interpretation, violation,
invalidity, non-performance, or termination, to final and binding arbitration
under the Rules of Arbitration of the American Arbitration Association applying
Washington State law. this provision constitutes a waiver of the right to jury
trial. 23.11 You acknowledge and agree that, to the fullest extent permitted by
law, you are each waiving the right to participate as a plaintiff or class
member in any purported class action lawsuit, class-wide arbitration, private
attorney general action, or any other representative or consolidated
proceeding. Unless we agree in writing, the arbitrator may not consolidate more
than one party’s claims and may not otherwise preside over any form of any
class or representative proceeding. If there is a final judicial determination
that applicable law precludes enforcement of the waiver contained in this
paragraph as to any claim, cause of action or requested remedy, then that
claim, cause of action or requested remedy, and only that claim, cause of
action or requested remedy, will be severed from this agreement to arbitrate
and will be brought in a court of competent jurisdiction. In the event that a
claim, cause of action or requested remedy is severed pursuant to this
paragraph, then you and we agree that the claims, causes of action or requested
remedies that are not subject to arbitration will be stayed until all
arbitrable claims, causes of action and requested remedies are resolved by the
arbitrator.
● Limitation on Time to File
Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT
OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF
ACTION OR CLAIM IS PERMANENTLY BARRED.
● Waiver and Severability
No waiver by the Company of any term or condition set
out in these Terms of Service shall be deemed a further or continuing waiver of
such term or condition or a waiver of any other term or condition, and any
failure of the Company to assert a right or provision under these Terms of
Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a
court or other tribunal of competent jurisdiction to be invalid, illegal, or
unenforceable for any reason, such provision shall be eliminated or limited to
the minimum extent such that the remaining provisions of the Terms of Service
will continue in full force and effect.
You may not assign, transfer, or delegate your
obligations or rights hereunder without Our prior written consent.
● Force Majeure
We will 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, natural disasters, war, terrorism, riots,
embargoes, acts of civil or military authorities, fire, floods, accidents,
pandemics, epidemics or disease, strikes or shortages of transportation
facilities, fuel, energy, labor or materials.
● Entire Agreement
The Terms of Service and our Privacy Policy and
Resident Admission Agreement constitute the sole and entire agreement between
you and Carehosts, regarding the Website and supersede all prior and
contemporaneous understandings, agreements, representations, and warranties,
both written and oral, regarding the Website.
● Your Comments and Concerns
This website is operated by Silver Tsunami, 7511 W.
Arrowhead Ave STE B Kennewick, WA. 99336
All notices of copyright infringement claims should be
sent to the copyright agent designated in our Copyright Policy in the manner and by the
means set out therein.
All other feedback, comments, requests for technical
support, and other communications relating to the Website should be directed
to: care@carehosts.com
● Emails
You
will receive administrative communications from us using the email address or
other contact information you provide for your account. Enrollment in
additional email subscription programs will not affect the frequency of these
administrative emails, though you should expect to receive additional emails
specific to the program(s) to which you have subscribed. You may also receive
promotional emails from us. No fee is charged for these promotional emails, but
third-party data rates could apply. You can control whether you receive
promotional emails using the notification preferences in your account settings.
Please note that you will not be able to take advantage of certain promotions
if you disable certain communication settings or do not have an account.
● SMS (Text Messaging) Terms & Conditions
Carehosts, also known as Silver Tsunami LLC, offers the option to our users to engage in conversation between host and resident only after a confirmed booking. Message frequency varies; Message and data rates may apply; Text HELP to 628-388-2000 for help; Reply STOP to cancel; Carriers are not liable for any delays or undelivered messages.
By participating in our text messaging service, you agree to these SMS Terms & Conditions.
For more details about how we handle your data and protect your privacy, please refer to our SMS Messaging Policy section within our Privacy Policy.