Terms of service
Last updated: September 7, 2020
InnCahoots offers fully furnished hotel and other rental accommodations (the “Units”) for travelers in InnCahoots properties (the “Properties”) on a short-term basis for guests (“Guests”) to stay. The website at www.inncahoots.com and any other websites or mobile applications relating to InnCahoots, the Units or the Properties (the “Sites”) and the various other related services, features, functions, software, properties, applications, websites and networks (together with the Units, the Properties and the Site, collectively, the “InnCahoots Services”) are provided and operated, and are being made available to you, the other Guests and the other users of any of the InnCahoots Services (collectively, “Users”) by Manage InnCahoots, LLC and its parent, subsidiaries and affiliates (collectively “InnCahoots”, “us” or “we”). All defined terms used herein shall have the meanings prescribed to these terms in these Terms of Service (these “Terms”).
Please read these Terms carefully as they contain important information regarding your legal rights, remedies and obligations, including an Arbitration provision which will, with limited exception, require you to submit disputes you have against InnCahoots to binding and final arbitration.
To make a reservation, rent a Unit or access and use the Sites and the other InnCahoots Services, you must be at least 18 years of age. By making a reservation, renting a Unit, or accessing or using the Sites or other InnCahoots Services, you represent that: (a) you satisfy the eligibility requirements and have not been previously suspended or removed from a Unit, a Property or any other InnCahoots Services or prohibited from making a reservation for, or renting, any Unit or accessing and using the Sites; (b) you confirm that you are of legal age to form a binding contract with InnCahoots; (c) you will comply with these Terms and all applicable local, state, national and international laws, rules and regulations; and (d) InnCahoots may conduct a background check on you to determine your eligibility (subject to the FAIR CREDIT REPORTING ACT section of these Terms).
MODIFICATION OF THESE TERMS
InnCahoots reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Sites or otherwise through the other InnCahoots Services. If InnCahoots updates these Terms, it will update the “Last updated” date at the top of these Terms. Please check these Terms, including any Policies, periodically for changes. Your continued making of a reservation, renting of a Unit or use of Sites or other InnCahoots Services after the posting of changes constitutes your binding acceptance of such changes. In the event that a change to these Terms materially modifies your rights or obligations, InnCahoots will make reasonable efforts to notify you of such change. InnCahoots may provide notice through a pop-up or banner within any of the InnCahoots Services, by sending an email to any address you may have used to make a reservation, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, InnCahoots may require you to provide consent by accepting the changed Terms. If InnCahoots requires your acceptance of the changed Terms, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by InnCahoots, such amended Terms or Fees will automatically be effective, replacing the previously-effective Terms or Fees, 15 days after they are initially posted on any of the InnCahoots Services. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR RESERVATIONS AND THE USE OF THE UNITS, THE PROPERTIES, THE SITES AND ALL OTHER INNCAHOOTS SERVICES. To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply.
LICENSE GRANT; UNAUTHORIZED USE
Subject to your compliance with all of the terms and conditions set out in these Terms, InnCahoots hereby grants to you a limited, non-exclusive, non-transferable, freely revocable license to occupy your Unit for your reserved stay and to access and use the Sites and the other InnCahoots Services to the extent of, and in accordance with, these Terms. This license grant shall not, under any circumstances, be coupled with an interest in the Units or the Properties. InnCahoots reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized reservations or renting of the Units or use of the Sites or any of the other InnCahoots Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
General Rules; Property Rules
It is your responsibility to read and be familiar with these Terms. Compliance with these Terms by you and your guests and visitors will make your stay easier and more enjoyable. Failure to observe any of these Terms may result in the immediate termination of these Terms and the premature termination of your stay without refund. Access and use of parking facilities and common areas of a Property are also subject to, and governed by, these Terms. All reservations must be confirmed by InnCahoots to be binding. If you have not received a confirmation after making a reservation, please contact us at email@example.com.
On rare occasions, a Unit will become unavailable in situations beyond the control of InnCahoots such as a major appliance failure, utilities failure or damage. Under these circumstances, InnCahoots will make every effort to accommodate affected Guests in another Unit, but if InnCahoots in unable to do so, or if under such circumstance, you prefer to cancel with InnCahoots altogether and seek other accommodations, InnCahoots shall issue a full refund for any unspent nights. This is your sole remedy if a Unit becomes unavailable.
In addition to these general rules, each Property will also have its own Property rules (the “Property Rules”) (e.g., gym hours, pool hours), which we will provide to you upon your check-in toyourUnit.Youandyourguestsand visitors are expected to fully comply with the Property Rules applicable to the Property of your Unit. If you have any questions, please reach out to InnCahoots at 512-943-2175. For all Properties, you arerequiredtoensurequiethoursfrom 10pm to9am local time on weekdays and 12am to 9am local time on weekends.
Different Properties may have different amenities and features (e.g., pool, gym, parking) (the “Amenities”). The actual Amenities at a Property will be identified on the Site applicable tosuchProperty.Onoccasion,someofthe Amenities at a Property may not be available for a variety of reasons, including maintenance and private events. InnCahoots is not responsible if any of the Amenities are not available. In addition, certainAmenitiesmay onlybeavailabletocertainGuests (e.g. Guests who have stayed at our Properties frequently).
The Units and the Amenities are intended only for your personal use and the use of your guests. YOU EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE USE OF THE UNIT IS FOR TRANSIENT OCCUPANCY ONLY, AND THAT YOU DO NOT INTEND TO, AND WILL NOT, ASSERT A CLAIM THAT THE UNIT IS A RESIDENCE OR HOUSEHOLD OR MAKE THE UNIT A RESIDENCE OR HOUSEHOLD.
YOU AGREE THAT THERE SHALL BE NO SMOKING INSIDE THE UNIT OR ANYWHERE ON THE PROPERTY, INCLUDING ANY BALCONY. IF THERE IS SMOKING IN THE UNIT THERE WILL BE A MINIMUM CLEANING CHARGE FOR UPHOLSTERY, CURTAINS AND RUGS AND ANY ADDITIONAL COSTS TO REMEDY THE SITUATION, AS SET FORTH IN THE FEE SCHEDULE (AS DEFINED BELOW).
You shall maintain the Unit in a good and clean condition, and use the Unit and the Property only in a careful and lawful manner. InnCahoots may charge you a fee for any excessive cleaning needed for the Unit or Property at the amount set forth in the fee schedule located at https://www.inncahoots.com/fee-schedule (the “Fee Schedule”).Youacknowledgethatthereisnodaily housekeeping service for the Unit unless you have agreed to pay the additional daily housekeeping fee as set forth in the Fee Schedule. You shall be responsible for any damage to the Unit, including toappliances,fixturesandfurnishings,andanymissing items. You authorize InnCahoots to charge your credit card for the cost to repair any such damage or to replace any damaged or missing items plus an additional fee as set forth in the FeeSchedule.
You agree to be a good neighbor by respecting the rights of the surrounding occupants to a pleasant, safe and peaceful environment. You shall not create excessive noise or other situations likely to disturb or annoy the surrounding neighbors. You acknowledge that InnCahoots may monitor the noise level of the Unit electronically or otherwise. Unless the manager of the Property provides prior written consent to a party or other event, individuals totaling not more than 1/3rd of the number of Registered Guests may be invited over as short-term visitors, provided such visitors are your sole responsibility. InnCahoots may charge you a party/over-occupancy fee as set forth in the Fee Schedule, in addition to other fees for cleaning, damage, etc. You agree that you will use the Unit only for your personal use and not for any parties or other events involving individuals other than Registered Guests. Hosting of parties or other events in your Unit or at the Property shall be subject to the Property manager’s prior written approval and additional fees to be agreed by the parties. Conduct deemed disorderly and/or noise levels deemed excessive, at the sole discretion of the Property manager, shall be grounds for immediate expulsion from the Unit and Property and the termination of these Terms. In such event, you shall not be entitled to any refund of any fees paid.
INNCAHOOTS AND THE OTHER INNCAHOOTS PARTIES SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO ANY CASH, VALUABLES OR OTHER GOODS BROUGHT ONTO THE PROPERTY OR INTO THE UNIT BY YOU, YOUR GUESTS OR VISITORS, OR LEFT IN YOUR CAR WHILE IN THE PARKING FACILITY OF THE PROPERTY. IF YOU CHECK OUT OF THE UNIT BUT FORGET TO RECLAIM YOUR HAND LUGGAGE OR PERSONAL EFFECTS, INNCAHOOTS, UPON DETERMINING THE OWNER OF THESE ITEMS, SHALL ATTEMPT TO CONTACT YOU AND ASK YOU FOR INSTRUCTIONS. HOWEVER, IN THE ABSENCE OF INSTRUCTIONS FROM YOU, OR IF INNCAHOOTS IS UNABLE TO DETERMINE THE OWNER OF SUCH ITEMS, INNCAHOOTS SHALL STORE THE ITEMS FOR UP TO SEVEN DAYS (INCLUDING THE DAY ON WHICH THESE ITEMS ARE FOUND) AND THEN DELIVER THEM TO THE NEAREST POLICE STATION (IF POSSIBLE) OR OTHERWISE DISPOSE OF THEM IN ANY WAY DETERMINED BY INNCAHOOTS. InnCahoots shall not be liable for delivering these items to the nearest police station or otherwise disposing of them.
The Units and the Properties shall not be used to engage in any unlawful activity. Any such activity by any Guest shall be grounds for immediate termination of these Terms, and all Guests will be required to vacate the Unit and the Property immediately without refund.
See the Fee Schedule for other Fees (as defined below) that apply related to your use of the Unit.
Check-In and Check-Out; Extending Your Stay, Departures
You and your guests over 18 years old must have a valid driver’s license or passport and shall present them at check-in or at the request of InnCahoots. The check-in time on the first day of your stay and the check-out time on the last day of your stay shall be provided to you upon completion of your reservation or request. A delayed check-out interrupts the cleaning schedule and a fee per hour of delay as set forth in the Fee Schedule will be charged to you. If you desire to extend your stay, you shall contact InnCahoots at the number provided upon check-in, or through other means (e.g. app, text, email) as InnCahoots may provide to you, no less than 24 hours prior to your scheduled departure. InnCahoots cannot guarantee that it will be possible to extend a stay. Any extension of your stay must be confirmed by InnCahoots.
Guests shall follow the departure procedures specified by InnCahoots. The Unit shall be secured by closing all doors and windows. Upon final departure, all parking passes and door fobs/keys/key cards shall be returned to InnCahoots. Failure to return any door fobs/keys/key cards will be subject to our lost door fob/key/key card fee as set forth in the Fee Schedule.
Additional Guests; No Pets
You shall not exceed the occupancy limit of the Unit at any time. You shall not allow any additional persons to reside or sleep over at the Unit other than the specific adults and children specifically identified in the reservation (the “Registered Guests”) and other persons expressly allowed in the Unit by InnCahoots in its sole discretion. You represent that all Registered Guests are friends, employees or family members of yours.
Pets are not permitted in Units. If you arrive at the Property with a pet, you may not be allowed to check-in. In this event, your reservation will be cancelled and you will be charged for one night. If you bring any pets into a Unit, you are subject to our pet cleaning fee as set forth in the Fee Schedule in addition to any other penalties. Additional fees as set forth in the Fee Schedule will be assessed for any damage to the Unit or the Property, including without limitation, any furniture, or damage caused by or cleaning necessitated by “accidents.”
InnCahoots provides complimentary TV service and WiFi throughout the Unit. You shall promptly notify InnCahoots if there are any problems with the TV or the WiFi. InnCahoots staff shall attempt to remedy any disruption in service at the earliest opportunity. There shall be no refund for outages, content or lack thereof, lack of knowledge or personal preferences with regard to the TV or WiFi service.
Some Properties have parking for Guests. If you use the Property’s parking facilities, you understand that InnCahoots is merely making a parking space available for your use and InnCahoots shall have no responsibility or liability for your vehicles, including any damage to the vehicles or the loss of any property kept in the vehicles.
Access and Inspection
You shall allow InnCahoots to access the Unit for purposes of cleaning, maintenance, repairs and improvements. InnCahoots shall attempt to contact you at least 24 hours in advance of exercising this access right in all situations except for cleaning, emergencies or violations of these Terms. InnCahoots has the right to inspect the Unit without prior notice to enforce these Terms. InnCahoots may terminate your right to stay for breach of these Terms in its sole discretion. Upon termination of your stay for breach, you will promptly vacate the Unit and you will not be entitled to any refund.
Fees and Payments
The current fees to rent the Units (as modified from time to time, the “Unit Fees”) are available at www.inncahoots.com. Other fees (e.g., pet cleaning, parking, lost door fob, key or key card, smoking fees) (together with the Unit Fees, collectively, the “Fees”)areassetforthintheseTerms, available at www.inncahoots.com, or will be otherwise provided by InnCahoots for each Property. InnCahoots may modify the Fees for the Units and any other fees in connection with the Units initssolediscretion.WithInnCahoots’spriorapproval, cleaning fees may be waived if you change Units during your stay.
All Unit Fees shall be paid in advance by credit or debit card. You authorize InnCahoots to keep your credit or debit card number on file for the Fees and charge your credit or debit card for any Fees. Reasons for additional fees include but are not limited to the following: outstanding balances, broken or missing items, smoking in the Unit or Property, damage to the Unit or furnishings, higher than customary post-stay cleaning costs, pet cleaning fees, and lost parking pass/door fob/key/key card fees.
Unless otherwise agreed by InnCahoots, all payments shall be made through a third-party payment processor directed by InnCahoots (any such third-party payment processor, the “Payment Processor”).ByagreeingtotheseTermsorcontinuing to make reservations or renting a Unit, you agree to be bound by the applicable agreements of the Payment Processor. As a condition of InnCahoots’s enabling payment processing services through aPaymentProcessor,youagreetoprovideInnCahoots accurate and complete information about you, your business, your credit or debit card and such other information required by the Payment Processor, and you authorize InnCahoots to share itandanyrelevanttransactioninformation relatedtoyour use of the payment processing services provided by the Payment Processor.
You are solely responsible for any occupancy and other taxes and fees associated with the renting of any Unit (the “Taxes”). To the extent that any Taxes are payable by InnCahoots, you shall promptly reimburse InnCahoots the amount of any such Taxes in addition to any other amounts owing to InnCahoots.
Modifications to the Units
InnCahoots reserves the right to modify or discontinue the renting of any of the Units without prior notice.
Cancellation Policy; Travel Insurance
If you cancel or shorten your reservation for a Unit more than 120 days prior to the check-in date, you are required to pay 50% of the Unit Fees for your reservation. If you cancel or shorten your reservation for a Unit 120 days or less prior to the check in date, you are required to pay 100% of the Unit Fees for your reservation. InnCahoots strongly recommends that you consider and purchase travel insurance.
InnCahoots provides on-Property support for all Units (as modified from time to time, “On-Property Support”). The contact information for your On-Property support will be provided when youcheck-inandisalsoavailableinyour Unit. On-Property Support covers any problems that you encounter in your Unit, including problems with your TV, WiFi, toilets, if a fire alarm starts to “chirp” or has a low battery condition, etc.
InnCahoots shall also provide technical and other support with respect to reservations, the Units, the Properties, the Sites and the other InnCahoots Services (a) by email at firstname.lastname@example.org or (b) by phone at 512-943-2175. Support hours are 9:00am to 5:00pm CST, Monday through Friday with the exception of company holidays.
When making a reservation or renting any Unit, or using the Properties, the Sites and any of the other InnCahoots Services, you will be subject to the Property Rules and any additional posted policies, guidelines or rules applicable to the Units, the Properties and the use of the Sites and features which may be posted from time to time (as added or modified from time to time, collectively, the “Policies”). All such Policies are hereby incorporated by reference into these Terms.
When you make a reservation to rent a Unit, you agree to provide current, complete and accurate information. You agree to promptly update any information that you provide, including your email address and credit card numbers and expiration dates, so that InnCahoots can complete your transactions and contact you as needed. If you change or deactivate the email that you used to make a reservation for any Unit, you must update your information within 72 hours to prevent InnCahoots from sending to someone else messages intended for you.
FAIR CREDIT REPORTING ACT
You acknowledge and agree that InnCahoots may, but is not obligated to, conduct a background check on you to determine eligibility, including without limitation by obtaining reports from consumer reporting agencies or otherwise reviewing publicly available information about you if you request to reserve a Unit, and including databases compiling information about rental and eviction history, credit history and criminal convictions. InnCahoots will comply with applicable laws in accessing and using such information. By requesting to reserve a Unit, you authorize InnCahoots to use your personal information (including name, address, date of birth or other identifying information) to obtain these reports and agree that InnCahoots may, in its sole discretion, suspend, cancel, block, restrict or terminate your access to the Sites and other InnCahoots Services, or reservations made or contemplated, based upon InnCahoots’s evaluation of such reports. You expressly agree that InnCahoots may, at its discretion, share such reports and your contact phone number with InnCahoots’s real estate partners, providers, agents, owners, and landlords. Should InnCahoots reject your request to reserve a Unit, or take any other adverse action against you, you have the right, upon written request made within 60 days of such adverse action, to request a copy of your report.
DIGITAL MILLENIUM COPYRIGHT ACT
It is InnCahoots’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. If you file a notice with our copyright agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). InnCahoots reserves the right to terminate without notice any User’s right to make a reservation or access to Sites and the other InnCahoots Services if that User is determined by InnCahoots to be a “repeat infringer.” In addition, InnCahoots accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
RESPECTING OTHER PEOPLE’S RIGHTS
InnCahoots respects the rights of others and so should you. You therefore may not post or send Content on the Sites or through any other InnCahoots Services that: (a) violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right; (b) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by InnCahoots in its sole discretion; (c) is false, misleading, untruthful or inaccurate; (d) includes anyone’s identification documents or sensitive financial information; (e) impersonates any person or entity, including any of InnCahoots’s employees or representatives; or (f) spams or solicits any Users, including any other Guest.
LICENSE GRANT FOR CONTENT; REPRESENTATIONS AND WARRANTIES
Limited License Grant to InnCahoots
The Sites, the other InnCahoots Services or any of our social networking pages (e.g., Facebook) may now or in the future permit the submission or posting or linking of product testimonials, pictures, audio and video recordings, text, data, information and other input or any other content linked, posted or submitted by you or other Users, in each case whether or not made available to other Users (“Content”).Byuploading,providing,posting,distributingordisseminating any Content to or through the Sites or any other InnCahoots Service or any of our social networking pages, you hereby grant to InnCahoots a worldwide, non-exclusive,perpetual,irrevocable,transferable,sublicensable(throughmultipletiers), assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, modify and otherwise exploit your Content (and any copyrights,publicity,database andother proprietaryrightstherein), inconnectionwith the Units and the operation, maintenance and support of the Sites and the other InnCahoots Services.
Content Use by Other Users
You hereby consent to the use of your Content by other Users that are authorized to access your Content in the manner contemplated by these Terms and any of the InnCahoots Services.
Content and Confidential Information
You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all of your Content and the consequences of posting or publishing any Content. By uploading and publishing your Content, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize InnCahoots and the Users to use and distribute your Content as necessary to exercise the licenses granted by you in the section LICENSE GRANT FOR CONTENT, the section REPRESENTATIONS AND WARRANTIES and in the manner contemplated by InnCahoots and these Terms; (2) your Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or violate or invade the right of privacy, publicity or other rights of any person or entity; and (3) your Content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of any of the InnCahoots Services. Violators of these third-party rights may be subject to criminal and civil liability. InnCahoots reserves all rights and remedies against any Users who violate these Terms.
You understand that when reserving or renting any Unit or using the Properties, the Sites or any of the other InnCahoots Services, you may be exposed to Content or other materials from a variety of sources, and that InnCahoots is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content and other content. You further understand and acknowledge that you may be exposed to Content and other materials that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against InnCahoots with respect thereto. InnCahoots does not endorse any Content and other material or any opinion, recommendation or advice expressed therein, and InnCahoots expressly disclaims any and all liability in connection with Content and other materials. If notified by a User or a content owner of any Content or other content or materials that allegedly do not conform to these Terms, InnCahoots may investigate the allegation and determine in its sole discretion whether to remove the Content or other content or materials, which it reserves the right to do at any time and without notice. For clarity, InnCahoots does not permit copyright infringing activities on or through any of the InnCahoots Services.
OWNERSHIP; PROPRIETARY RIGHTS
The Sites and the other InnCahoots Services are owned and operated by InnCahoots. The Properties and the Units are owned or leased by InnCahoots. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Units, the Sites and the other InnCahoots Services provided by InnCahoots (the “Materials”)areprotectedbyUnitedStatescopyright,trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Content that is provided and ownedbyUsers,allMaterialscontained onany of theInnCahoots Services are the property of InnCahoots or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary toInnCahootsoritsaffiliates and/orthird-partylicensors. Exceptas expressly authorized by InnCahoots, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative worksfrom,orotherwisemake unauthorized useof theMaterials. InnCahootsreserves all rights not expressly granted in these Terms.
InnCahoots shall own and have the unrestricted right to use or act upon any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Units, the Sites or any other InnCahoots Service.
By making a reservation, or renting any of the Units or using the Sites or any other InnCahoots Service, you agree not to:
- Decipher, decompile, disassemble, reverse engineer, modify, translate or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of the Sites or any other InnCahoots Service, in whole or in part (except to the extent that the laws of your jurisdiction make such restrictions unenforceable);
- Make a reservation or rent any Units for the benefit of anyone other you or your immediate family, including transferring or re-marketing any of the Units;
- Provide any services to any third party using the Sites or any other InnCahoots Service except in accordance with these Terms;
- Develop or create any derivative work of the Sites or any other InnCahoots Service or any service to the extent intended to compete with the Units;
- Reproduce (except as expressly permitted herein), modify, adapt, translate or otherwise make any changes to any of the InnCahoots Services or any part thereof;
- Copy, disclose, or distribute any data available on or through the Sites or any other InnCahoots Service, in any medium, including without limitation, by any automated or non-automated “scraping;”
- Interfere with, circumvent or disable any security or other technological features or measures of any of the InnCahoots Services or attempt to gain unauthorized access to any of the InnCahoots Services or its related systems or networks;
- Make unsolicited offers, advertisements, or proposals, or send junk mail or spam to other Users (including other Guests) of any of the InnCahoots Services (including, but not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
- Use bots or other automated methods to access the Sites or any other InnCahoots Service, download profiles, contacts or any other information, send or redirect messages or perform any other activities through any of the InnCahoots Services;
- Use the Units, the Properties, the Sites or any other InnCahoots Service for any unlawful or inappropriate activities, such as gambling, obscenity, pornography, violence, transmission of deceptive messages, or harassment;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of any of the InnCahoots Services;
- Take any action that imposes, or may impose at InnCahoots’s sole determination, an unreasonable or disproportionately large load on InnCahoots’s infrastructure;
- Deep-link to the Site or any of other InnCahoots Service without InnCahoots’s consent;
- Share or disclose information of other Users without their express consent; or
- Use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
THIRD-PARTY TOOLS AND SITES
The InnCahoots Services may include third-party tools (“Third-Party Tools”) and links or references to other web sites or services (“Third-Party Sites”)solelyasaconveniencetoUsers,including our travel partner sites (e.g., AirBnB; Expedia; other online travel agencies). InnCahoots does not endorse any such Third-Party Tools, Third-Party Sites or the information, materials, products,orservicescontainedonoraccessiblethrough Third-Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through any of the InnCahoots Services are solely between youandsuchadvertiser.Accessanduse of anyThird-Party Tools or Third-Party Sites, including the information, materials, products, and services on or available through such Third-Party Tools or Third-Party Sites are solely at your own risk.
TEXT MESSAGES; MOBILE AND DATA CHARGES
InnCahoots may occasionally send text message offers and alerts. By agreeing to these Terms, you authorize InnCahoots to send text messages to your mobile device with notifications and occasional special offers. You are responsible for any mobile and data charges that you may incur for using any of the InnCahoots Services, including text-messaging charges. If you are unsure what those charges may be, you should ask your service provider before using the Units or any other InnCahoots Service.
TERMINATION; TERMS OF SERVICE VIOLATIONS
You agree that InnCahoots, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your ability to make a reservation or rent a Unit or use of the Properties, the Sites or any other InnCahoots Service and remove and discard all or any part of your user profile, and any Content, at any time. InnCahoots may also in its sole discretion and at any time discontinue your ability to make a reservation or a rent a Unit or providing access to the Sites, or any part thereof, with or without notice. You agree that any suspension or termination of your ability to make a reservation or rent a Unit or access to the Sites or any other InnCahoots Service may be effected without prior notice, and you agree that InnCahoots will not be liable to you or any third party for any such termination. InnCahoots reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing InnCahoots to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that InnCahoots may have at law or in equity. As discussed herein, InnCahoots does not permit copyright infringing activities on the Sites, the Units or any other InnCahoots Service, and shall be permitted to terminate access to any of the InnCahoots Services, and remove all Content or other content submitted by any Users who are found to be repeat infringers. BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD INNCAHOOTS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY INNCAHOOTS DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER INNCAHOOTS OR LAW ENFORCEMENT AUTHORITIES.
Your only remedy against InnCahoots with respect to any dissatisfaction with the Units is the right to receive a refund in the sole discretion of InnCahoots. Your only remedy against InnCahoots with respect to any dissatisfaction with (i) the Sites or any other InnCahoots Service, (ii) any term of these Terms, (iii) any policy or practice of InnCahoots in operating the Sites and the other InnCahoots Services, or (iv) any Content transmitted through the Units or any other InnCahoots Service, is to terminate your use of all of the InnCahoots Services. You may terminate your use of the Sites and the other InnCahoots Services at any time.
You agree to indemnify, defend, and hold harmless InnCahoots, its affiliated companies, members, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of the use or misuse of the Units, the Properties, (including without limitation the sidewalks and other appurtenances to the Properties), the Sites, any other InnCahoots Service or any of the Content by you, your guests or your visitors, any violation by you, your guests or your visitors of these Terms or any breach of the representations, warranties and covenants made by you herein. InnCahoots reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify InnCahoots, and you agree to cooperate with InnCahoots’s defense of these claims. InnCahoots will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
NO WARRANTIES; DISCLAIMERS
YOU EXPRESSLY AGREE THAT THE UNITS, THE PROPERTIES AND THE USE OF THE SITES AND ANY OTHER INNCAHOOTS SERVICE, AND ANY DATA, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD PARTY SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITES OR ANY OF THE OTHER INNCAHOOTS SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INNCAHOOTS AND ITS AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “INNCAHOOTS PARTIES”)DISCLAIMALLWARRANTIES,STATUTORY,EXPRESSORIMPLIED WITH RESPECT TO THE UNITS, THE SITES AND THE OTHER INNCAHOOTS SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANDNON-INFRINGEMENTOFPROPRIETARY RIGHTS ANDWARRANTIESARISINGFROM ACOURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, INNCAHOOTS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHEREXPRESS,IMPLIED,STATUTORY OR OTHERWISE, THATTHE UNITS, THESITE ORTHEOTHER INNCAHOOTS SERVICES, WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE INNCAHOOTSPARTIES ORTHROUGHTHE UNITS, THE SITE OR THE OTHERINNCAHOOTSSERVICESWILLCREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU UNDERSTAND AND AGREE THAT YOU MAKE A RESERVATION, RENT A UNIT OR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SITES OR ANY OTHER INNCAHOOTS SERVICE OR ANY THIRD-PARTY SITES, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH INFORMATION, MATERIAL OR DATA.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE INNCAHOOTS PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS, THE UNITS OR THE PROPERTIES, OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE SITES, THE MATERIALS, OR CONTENT ON THE SITES OR THE OTHER INNCAHOOTS SERVICES OR ANY OTHER INTERACTIONS WITH INNCAHOOTS, EVEN IF INNCAHOOTS OR A INNCAHOOTS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, INNCAHOOTS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL THE INNCAHOOTS PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE UNITS OR YOUR USE OF THE SITES AND THE OTHER INNCAHOOTS SERVICES, OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO INNCAHOOTS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR FIFTY DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY USING ANY THIRD-PARTY TOOLS OR BY REASON OF ANY SERVICES PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN INNCAHOOTS AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE INNCAHOOTS SERVICES OR RECEIVED THROUGH ANY THIRD-PARTY SITES.
YOU ACKNOWLEDGE AND AGREE THAT INNCAHOOTS HAS OFFERED THE UNITS, THE SITES AND THE OTHER INNCAHOOTS SERVICES, SET ITS FEES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND INNCAHOOTS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND INNCAHOOTS. INNCAHOOTS WOULD NOT BE ABLE TO PROVIDE THE UNITS, THE SITES OR ANY OF THE OTHER INNCAHOOTS SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
IF YOU HAVE A DISPUTE WITH ANY OTHER USERS (INCLUDING ANY OTHER GUESTS) OR OTHER THIRD PARTIES, YOU RELEASE INNCAHOOTS AND THE OTHER INNCAHOOTS PARTIES FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
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.”
In no event will InnCahoots be liable or responsible to you, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any obligation under these Terms, when and to the extent such failure or delay is caused by any circumstances beyond InnCahoots’s reasonable control (a “Force Majeure Event”),includingactsofGod,flood,fire,earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, the failure of any other company’s services, another company’s error or service interruption, activity from neighbors,activitiesaroundthePropertysuchasconstruction, noise, road repair, or maintenance, protests, large gatherings or other interruptions of traffic and access, national or regional emergency, strikes, labor stoppages or slowdowns or otherindustrialdisturbances,passageof lawsoranyaction taken by a governmental or public authority. In the event of any failure or delay caused by a Force Majeure Event, InnCahoots shall give prompt written notice to you of the Force Majeure Eventand usecommerciallyreasonableefforts toendthefailure or delay and minimize the effects of such Force Majeure Event.
InnCahoots may provide you with notices, including those regarding changes to these Terms and the Units, by email, regular mail or postings on any of the Sites or other InnCahoots Services. Notice will be deemed given 24 hours after the email is sent, unless InnCahoots is notified that the email address is invalid. Alternatively, InnCahoots may give you legal notice by mail to a postal address, if provided by you through any of the InnCahoots Services. In such case, notice will be deemed given three days after the date of mailing. Notice posted on any of the Sites or other InnCahoots Services is deemed given 30 days following the initial posting.
If a dispute arises between you and InnCahoots, the goal is to provide you with a neutral and cost-effective methods of resolving the dispute quickly. Accordingly, you and InnCahoots agree that any dispute, claim or controversy at law or equity that arises out of these Terms, the Units, the Properties, the Sites or any of the other InnCahoots Services (a “Dispute”)willberesolved in accordance with this Section or as InnCahoots and you otherwise agree in writing. Before resorting to these dispute methods, InnCahoots strongly encourages you to first contact InnCahoots directly to seek a resolution.
The parties hereby irrevocably and unconditionally agree that service of process in any such Dispute may be effected by mailing a copy of such process by certified mail, postage prepaid, to such party at the address provided by such party.
(a) Choice of Law. THESE TERMS SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE OR OTHERWISE IN CONNECTION WITH THESE TERMS, THE UNITS, THE SITES OR ANY OF THE OTHER INNCAHOOTS SERVICES.
(b) Arbitration and Class Action Waiver.
PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
(i) Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND INNCAHOOTS IN CONNECTION WITH THESE TERMS, THE UNITS, THE SITE OR ANY OF THE OTHER INNCAHOOTS SERVICES INCLUDING WITHOUT LIMITATION, YOUR RIGHTS OF PRIVACY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S APPLICABLE RULES FOR ARBITRATION, AND YOU AND INNCAHOOTS HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND INNCAHOOTSWOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Any such arbitration shall be in English and be held in Austin, Texas and the number of arbitrators shall be one (1). Except as otherwise required by law, the parties and the arbitrator agree to keep confidential and not disclose to third parties any information or documents obtained in connection with the arbitration process, including the resolution of the Dispute. You may bring claims only on your own behalf.
NEITHER YOU NOR INNCAHOOTS WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST INNCAHOOTS INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s claims, if InnCahoots is a party to the proceeding.
This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
(ii) Judicial Forum for Disputes. In the event that the agreement to arbitrate under Section (b)(i) above is found not to apply to you or your claim, you and InnCahoots agree that any judicial proceeding (other than small claims actions) must be brought solely and exclusively in, and will be subject to the applicable procedural rules of, the federal or state courts in Austin, Texas. Both you and InnCahoots irrevocably consent to venue and personal jurisdiction there. Notwithstanding the foregoing, InnCahoots may bring a claim for equitable relief in any court with proper jurisdiction.
(iii) Survival. This arbitration agreement will survive the termination of your use of any of the InnCahoots Services or your relationship with InnCahoots.
(c) 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section by sending written notice of your decision to opt-out to InnCahoots’s contact information listed at the bottom of these Terms. The notice must be sent to InnCahoots within 30 days of the earliest of your initial reservation of any Unit or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt-out of these arbitration provisions, however, we also will not be bound by them.
(d) Improperly Filed Disputes. All claims you bring against InnCahoots must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, InnCahoots may recover attorneys’ fees and costs up to $15,000, provided that InnCahoots has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
The Units, the Properties, the Sites and the other InnCahoots Services are offered by InnCahoots located at: 600 W 28th St., Unit 203, Austin, Texas 78705 and email: email@example.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
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