A user’s reservation or use of a Keepers website is bound by the terms and conditions on the Keepers website where the reservation is finalized (and not necessarily the Keepers website on which the property was originally listed). If there are any conflicts between the terms and conditions of the Keepers website you found the property on and the terms and conditions of the Keepers website you finalize a booking on, the terms and conditions of the Keepers website where the reservation is finalized will govern. Only if you fully agree to these Terms and any other terms and conditions posted or linked to any Website, you are authorized to access or otherwise use the Website. Under these Terms, “use” or “access” of the Website specifically includes any direct or indirect access or use of the Website or any cached version of the Website and any direct or indirect access or use of any information or content on the Website, regardless of how obtained and the term “Website” includes, without limitation, any cached version thereof.
This website is operated by Keepers Inc. Unless otherwise specified, the entity controlling the website you are accessing is referred to herein as “Keepers” “we,” “us” or “our”. The term “you” refers to the user visiting the website, listing a property, and/or requesting a reservation on this website, or our customer service agents. Please read through all the Terms carefully. The Terms constitute a legally binding agreement between you and Keepers. You are authorized to use this Website only if you are at least 18 years of age and able to enter into legally binding contracts. If you arrived on the Website after having been re-directed or otherwise clicking on another website, you agree that these Terms shall govern your use of this Website.
1.Users are granted a limited, revocable non-exclusive license to access the Website and the content and services provided on the Website solely for the purpose of advertising a property, searching for a property, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or services offered on any Website, participating in an interactive area hosted on the Website or for any other purpose clearly stated on a Website, all in accordance with the Terms. Any use of the Website that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.
2. It’s a Marketplace:Keepers Website acts as a venue to allow users, who comply with this agreement. This website is a Marketplace for users of the site to come together. Keepers Inc. or Keepers site is not party to any rental agreement nor is party to any agreement between the users on the site. This site is not directly involved in the transactions between two users. We do not own or manage, nor can we contract for, any vacation rental property listed on a Website. The Website provides an on-line marketplace to allow homeowners and property managers who advertise on the Website (collectively called “hosts” or “owners” or “managers”)to offer for rent in a variety of pricing formats, a specific vacation or short term rental property to potential renters or renters (each, a “traveller” and, collectively with a member, the “users”). We also may offer online booking or other tools or services to allow users to communicate with each other and enter into rental agreements or other transactions.
Keepers Website cannot guarantee the true identity, age, and nationality of a user and encourages you to communicate directly with potential transaction partners through the tools available on the Website and asks that you do not arrange to meet users from the Site in person.
We are not a party to any rental or other agreement between users. This is true even if the Website allows you to book a rental or provides other ancillary products or services, as the Website may facilitate booking a rental or other tools, services or products, but we are not a party to any rental or other agreement between users. As a result, any part of an actual or potential transaction between a traveller and a member, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any review relating to any traveller or property), the ability of members to rent a vacation property or the ability of travellers to contract for properties are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions before making a booking or purchasing a product or service and Keepers may place additional restrictions on your booking, product or service.
Usersherewith agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Website, their use of any tool, service or product offered on the Website and any transaction they enter into on the Website or in connection with their use of the Website.
Owners further agree that they are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to the listing of their rental property and the conduct of their rental business, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to rental properties listed on the Website, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.
Members who accept credit card, banking or other payment information from travellers agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.
Although most travel is completed without a serious incident, travel to some destinations may involve more risk than others. We urge travellers to research the location they wish to visit and to review travel prohibitions, warnings, announcements and advisories issued by the United States Government before booking. Information may be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofacand www.customs.gov.
While we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. When we provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm or otherwise have any impact.
4. Identity of Users: It’s very difficult to verify User information on internet, therefore we cannot and do not assume any responsibility for each User’s or Owner’s purported identity and do not assume any responsibility for confirmation of each User’s identity. We ask you to communicate directly with a traveller or Owner through the tools available on the Website, though even this does not assure you of the identity of the person with which you are communicating. We further ask you to take other reasonable measures to assure yourself of the other person’s identity and, for travellers, of the property and relevant details of your booking or proposed booking.
You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request.
We suggest that you abstain from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us and/or your email account, even those transactions that are fraudulent or that you did not intend or want performed.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER KEEPERS OR KEEPERS INC. NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR KEEPERS ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH KEEPERS AND OTHER USERS.
Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
5. Property Listing & Reviews. We do not pre-scan your property listings. We have no duty to pre-screen content posted on the Website by members, travellers or other users, whether directly contributed by the user or contributed by us or a third party on behalf of the user (including, without limitation, property listings, reviews of a rental property or a traveller, participation in an interactive community, forum or blog. We are not responsible for user-contributed content. “User-contributed content” also includes information that a user or any other person provided to a third party website or mobile application that is then provided to our Website by a tool we offer or any other exchange of user-contributed content we have authorized.
We reserve the right to decline to permit the posting on the Website of or to remove from the Website any user-contributed content that fails to meet our Content Guidelines, which are incorporated by reference into these Terms, any other guidelines posted on a Website or if it otherwise violates these Terms, each as determined in our discretion. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, have been apparently breached in respect of such content, as determined in our discretion. Finally, we reserve the right, but do not assume the obligation, to edit a member’s content or user-contributed content in a non-substantive manner solely to cause the content to comply with our Content Guidelines or formatting requirements or to provide services to members to create or improve listings (such as translation services), in accordance with information we have about the property listed. Users remain responsible for reviewing their user-contributed content to ensure it is accurate and not misleading.
All property listings on the Website are the sole responsibility of the Owner or User and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, reviews or any alleged breaches of contract on a user’s part. Members are solely responsible for keeping their property information up-to-date on the Website, including, but not limited to, any and all representations about any property, its location, amenities, price and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, traveller or property reviews, guest book entries, property location, suitability, pricing or availability information published on the Website is accurate or up-to-date even in the case where travellers have searched for specific dates or types of properties.
We also may from time to time create new descriptions or otherwise change the location or geographic descriptions we use to identify properties in their listings and search results. Consequently, we may change the location or geographic description associated with any property listing at any time without notice. However, we assume no responsibility to verify property listing content or the accuracy of the location. Members are solely responsible for ensuring the accuracy of location, geographic and other content and location or geographic descriptions and agree to promptly correct (or contact us to correct) any inaccuracy and travellers are solely responsible for verifying the accuracy of such content and descriptions.
All other user-contributed content is the sole responsibility of the user who contributed such content, whether such user contributed the content directly or through a third-party website. Users are solely responsible for their user-contributed content and we specifically disclaim all liability for user-contributed content. The user represents and warrants that the user owns or otherwise controls and has all necessary legal rights to the user’s submission and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the user-contributed content. We reserve the right to request a proof of ownership or permission, and to refuse to post user generated content without such proof or if such proof is, in our sole discretion, insufficient.
By submitting or authorizing user-contributed content, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your user-contributed content, in connection with our business or the business of our affiliates.
You further grant us and our affiliates the ability to register copyright in and protect the user-contributed content, including the images, copy, and content available via any member’s listing, from the unauthorized use of the user-contributed content by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material on behalf of and in your name. You further agree to appear and assist us—at our expense and control—with protecting such copyrighted material from unauthorized redistribution.
You agree that we may sublicense all the rights granted to us under these Terms to one or more third parties we may contract with to display all or part of the member’s property listing or otherwise provide promotional or other services related to our business. In the event that you retain any rights of attribution, integrity or any other moral rights in any user-contributed content, you hereby waive your right to assert these or to require that any personally identifying information be used in connection with the user-contributed content or any derivative works thereof and affirm that you have no objection to the publication, use, modification, deletion or exploitation of the user-contributed content by us or our affiliates.
6. Service Fee: A service fee is levied on both the travellers who book a property via this Website and also on the Owners who display their property as an ad on this Website. The fee is levied to both the parties upon successful booking of a property for a said period only. The fee that is collected on behalf of the Owner or their Manager or agent is paid out to the Owner after the Guest or User checks out of the Owner’s premises. The fees is used to cover the use of the Website, the support that’s provided by the Website, and is calculated as a variable percentage of the total reservation amount (which may or may not include additional fees, taxes and damage deposits). Depending on the laws of the jurisdiction of the traveller and/or member, VAT may or may not be charged on top of the service fee. The exact service fee (and any VAT, if applicable) charged will be displayed to travellers at the time of booking. The service fee plus applicable VAT will be charged after both the traveller and member accept the reservation. The service fee will only be refunded in the event a member accepts cancellation of the traveller’s reservation and refunds the entire rental amount.
7. Use of Google Maps:If any user-contributed content created by members or users is translated for display on the Website or any Website of any affiliate of Keepers, we cannot guarantee the accuracy or quality of such translation and the user is solely responsible for the review, verification and accuracy of such translation. Maps provided on the Website that are provided by Google are subject to the Google Maps terms and conditions located at: http://www.google.com/intl/en_us/help/terms_maps.html.
8. Infringement of Copyright:We respect the intellectual property rights of others, and Keepers does not permit, condone or tolerate the posting of any content on the Website that infringes any person’s copyright. Keepers will terminate, in appropriate circumstances, a member or traveller who is the source of repeat infringement of copyright. Should you become aware of or suspect any copyright infringement on this Website, please refer to our procedures for Notification of Copyright Infringement (or DMCA Policy), which are incorporated by reference into these Terms.
9. Feedback: We respect your Feedback and Your Ideas that’s sent to us via different means from time to to time regarding business. However, that does not bind an obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works (“submissions”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seems similar to any of your submissions. For any of your suggestions or submissions, you agree that: (i) your submission and its contents will automatically become the property of Keepers, without any compensation to you; (ii) Keepers may use or redistribute any such submission and its contents for any purpose and in any way; (iii) there is no obligation for Keepers to review any submission; and (iv) there is no obligation to keep any submission confidential.
This Website may contain links and pointers to other Internet Websites, resources and sponsors of the Website. Links to and from the Website to other third-party Websites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party Websites or the contents thereof. We may also provide tools to allow interaction between the Website and a third-party Website, such as a Social Media Website. We are not responsible in any way for such third-party Websites or resources and your use of such Websites and resources will not be governed by these Terms.
10. Limited Liability:IN NO EVENT WILL KEEPERS, OR ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE “KEEPERS GROUP”), OR ANY THIRD-PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY Website OF A MEMBER OF THE KEEPERS GROUP (EACH A “THIRD-PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR Website, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE Website, TOOLS OR SERVICES WE PROVIDE, OR ANY THIRD PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE Website, BY YOU OR ANY THIRD PARTY (E) ANY USER-CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN OUR Website AND ANY THIRD PARTY Website, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA Website, FACILITATED BY A TOOL OR SERVICE ON OUR Website AND/OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION (EVEN IF WE OR ANY THIRD PARTY PROVIDER RECEIVES A FEE IN CONNECTION THEREWITH) BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE Website, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD PARTY PROVIDER OR ANY USER OF THE Website WITH RESPECT TO THESE TERMS OR THE Website, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE Website. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE KEEPERS GROUP, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE Website IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
11. Disclaimers.THE Website, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE Website, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE Website OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE Website, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE Website OR ANY LINKED Website, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE Website OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Website OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS Website IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER-CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER-CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE Website, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF THE Website. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THAT MAY BE OFFERED ON THE Website) THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE Website.
YOU FURTHER ACKNOWLEDGE THAT BY DISPLAYING INFORMATION OR PROPERTY LISTINGS IN PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS WITHOUT RISK AND ARE NOT LIABLE FOR DAMAGES WITH RESPECT TO TRAVEL TO ANY DESTINATION.
12. Indemnification: IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE Website (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT) OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE Website, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA Website, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE EACH MEMBER OF THE KEEPERS GROUP, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE Website.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “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.”
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH MEMBER OF THE KEEPERS GROUP (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE Website OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE Website (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE Website, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHTOUT LIMITATION ANY SOCIAL MEDIA Website OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM.
WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
14. Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, users or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms as a court would.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Arbitration Consumer Rules (together, the “AAA Rules”). Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed upon location.
By agreeing to arbitration under the AAA Rules, the parties agree, among other things, that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Keepers Legal Team” on 313 Sayre Dr, Princeton, New Jersey 08540.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to these Terms. An arbitration decision may be confirmed by any court with competent jurisdiction.
15. Property Upkeep and Insurance:Owners are solely responsible for obtaining insurance coverage sufficient to protect their properties and guests or their trip, as applicable. Members agree that they have or will obtain the appropriate insurance coverage sufficient to cover the rental of the properties they list on the Website before the arrival of their first traveler and will maintain adequate insurance coverage through the departure date of any traveler they have obtained via our Website. Further, members agree to provide us with copies of relevant proof of coverage upon request.
16. Interaction between Owner and Traveller using Messenger Service:Users are solely responsible for interactions with others. Users understand that Keepers does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Messaging is your way to communicate privately between the Owner or their Managers or Their Agents and the Users or the Travellers It’s essentially email, but purely for Keepers Website members. Messages are primarily intended for communicating about transactions and bookings only.
• You must not use Messages to send unsolicited advertising or promotions, request samples, loans, donations or “spam”. You must not pass on email addresses or any other information on to third parties.
• Please use common sense when giving out personal information to others via messaging, for example don’t send someone your credit card details.
• You must not use messages to knowingly harass, threaten, blackmail or abuse another member.
• If someone explicitly tells you not to contact them, you must not use Messages to contact them again.
• You must not use Messages to interfere with a transaction. This means…
As an anti-spam measure, sending too many messages too quickly may auto-disable your account. Contact theKeepers Customer Care Team who will review account activity and enable your account if spam-free.
17. Additional T&C:
In addition to being bound by the terms set forth above, members who advertise on the Website are also bound by the following terms, which are in addition to any other terms agreed to in connection with purchasing or renewing a listing.
17.1 Search Results on the Website: Appearance of listed property on a website is a dynamic representation and is dependent on various factors that are beyond control of Keepers or Keepers Inc., therefore appearance of property listed by Owner or property searched by the User cannot be controlled in any specific order in search results on the Website. Search order will depend on a variety of factors such as search parameters, like property update, calendar update, quality of listing, the keywords used by the User, traveller preferences, member response time, reservation history, online booking capability, compliance with posted listing practice requirements, and other factors that we may deem important to the user experience from time to time (“Best Match”). It hereby confirms that we reserve the right to apply various search algorithms or to use methods to optimize Best Match results for particular travellers’ experiences and the overall marketplace/ website. Listings placed on a non-subscription basis, such as pay-per-booking, may not always appear in search results. Search results and order may appear different on Keepers’s mobile application than they appear on the Website. To optimize the search experience for both members and travellers and improve the Best Match process, Keepers retains the right to run occasional tests that will be limited in duration but may alter how we display listings and search results.
17.2 All content and copy edits submitted by Owners or Users are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine in our sole discretion does not meet these Terms or is otherwise unacceptable to us. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any member. All content must meet these Terms and our Content Guidelines. We reserve the right to edit content submitted to the Website in a non-substantive manner solely to ensure that the content complies with our Content Guidelines or formatting requirements. Members are responsible for reviewing and ensuring that any content displayed on the Website appears as the member intended.
17.3 Photographs should depict the vacation rental as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information or images that would violate the privacy rights, intellectual property rights (including but not limited to copyright rights) or any other rights of a third party. We reserve the right to not display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.
By submitting a photograph to us, the member represents and warrants that (a) it holds all intellectual property rights (including but not limited to all copyright rights), (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Website, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Website and any member of the Keepers Group from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted or in the event of claims that the use of a photograph violates another party’s copyright.
It is the member’s responsibility to obtain any and all permissions required to use, post and grant the foregoing rights in all photographic and other material used in its listings. The member warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request. Each member further agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member’s property or the Website.
18. Logos and Trademarks:You may not use the Keepers name or one of our affiliates’ names on any other website that lists vacation rentals without our prior written authorization.There are limited ways in which a member may use our trademarks or logos in connection with a listing without specific prior written authorization. Some of the permissible ways that you might use Keepers name are for example, “Check out my Vacation Home or Rental rental on Keepers,” or “I list my rental properties on Keepers.”
The Keepers name and logo and those of the Keepers Group and our affiliates are trademarks or registered trademarks in the United States and other jurisdictions around the world.
19. Payment methods:No member may request any traveler to mail cash, or utilize any instant-cash wire transfer service for all or part of a property rental transaction. Any violation of this term or any other unacceptable payment methods that may be posted on the Website may result in the immediate removal of the non-conforming listing from the Website without notice to the member and without refund. From time to time, we may become aware of users attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method. Ideally, we hope to be able to assist users in avoiding such transactions, but we assume no liability or responsibility to do so or to inform users of any such actual or suspected activity.
Users’ bank or credit card companies may impose certain fees or charges, including, but not limited to, foreign transaction fees, related to any rental of a property. It is the user’s obligation to review any agreement with its bank or credit card company concerning any such fees.
20.All subscription listings are sold to run the full term that is chosen by the member. The term starts on the date that the member submits the full or initial (as applicable) payment and expires one year thereafter. For example, for an annual subscription term, if the member submits payment for the subscription on July 1st, the subscription would expire on June 30 of the following year. If you renew your subscription listing, or if your subscription listing automatically renews, your listing will remain online for the new subscription period without refund.
Generally, no refunds are available unless a member qualifies for a refund under any special program we may have in effect. If you believe you qualify for a refund, you may contact customer support by sending your request to the address listed under “Contact Us” above and include your listing number, and your reason for requesting a refund. We will then determine, in our sole discretion, whether any refund is due. If you sell your property and no longer wish for the listing to remain online, please contact us and we can remove the listing; however, no refund will be owed.
21. The license to use the Website granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or any derivative use of the Website nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engines” do not include a website or search engine or other service that provides classified listings or property rental advertisements, or any subset of the same or which is in the business of providing vacation property rental services or other services that compete with us.
Unauthorized uses of the Website also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously and specifically agreed to by us:
•Any commercial use of the Website or any content on the Website, other than by members in good standing, or by members under a valid license to software offered on the Website (a “valid license”);
•Any use of the Website or the tools and services on the Website for the purpose of booking or soliciting a rental of a property other than a property listed under a valid subscription or pay-per-booking product;
• Copy, reproduce, upload, post, display, republish, distribute or transmit any part of the content in any form whatsoever;
• Reproduce any portion of the Website on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Website, or other framing technique to enclose any portion or aspect of the Website, or mirror or replicate any portion of the Website;
• Deep-link to any portion of the Website without our express written permission;
• Modify, translate into any language or computer language or create derivative works from, any content or any part of the Website;
• Reverse engineer any part of the Website;
• Sell, offer for sale, transfer or license any portion of the Website in any form to any third parties;
• Use the Website and its inquiry or booking functionality other than to advertise and/or research vacation rentals, to make legitimate inquiries to our members or any other use expressly authorized on the Website;
• Use the Website to post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
• Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
• Use or access the Website in any way that, in our sole discretion, adversely affects, or could adversely affect, the performance or function of the Website or any other system used by us or the Website.
If you are aware of, or experience, any content, activity or communication through or in connection with the Website that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us by contacting us as set forth under “Contact Us,” below.
Additional Terms for Pay-Per-Booking Listings
For all pay-per-booking listings, the terms and conditions in effect at the time a booking is accepted will govern and supersede any prior agreement between us and you with respect to your use of the Website.
These Terms constitute the entire agreement between us and you with respect to the matters set forth herein,
A description of the features and applicable fees that will apply to pay-per-booking listings will be displayed under the “Host Your Vacation Home” tab of the Website offering such product, when made generally available. Pay-per-booking listings are subject to the additional terms, conditions and requirements set forth during the registration for such listing, including those of our third party providers. Online booking and payments is required for all pay-per-booking listings. Online payments provided by third-party providers are subject to the terms and conditions and privacy policies of such providers.
Pay-per-booking listings may be converted to subscription listings at any time; however any bookings already made prior to conversion shall remain subject to applicable pay-per-booking fees. Cancellation policies are required for all pay-per-booking listings, and requirements for such cancellation policies shall be displayed through the “Host Your Vacation Home” tab of the Website offering the pay-per-booking listing.
Additionally, you agree to defend and indemnify Keepers, its affiliated companies, and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: Your breach of these Terms or the documents referenced herein;your violation of any law or the rights of a third party; oryour use of this Website.