Host Terms and Conditions

Last Updated: December 02, 2018

PLEASE READ THE FOLLOWING GUEST TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THE HOMESTAYMATCH PLATFORM, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS.

These Host Terms and Conditions (“Terms and Conditions”) constitute a legally binding agreement between you and HomestayMatch LLC, a California limited liability company (“HomestayMatch”, “we”, “us” and “our”). By accessing or using the HomestayMatch website (the "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "HomestayMatch Services"). The Site, Application and HomestayMatch Services together are hereinafter collectively referred to as the “HomestayMatch Platform”. Our Privacy Policy, Host Cancellation Policy, Acceptable Use Policy and DMCA Policy applicable to your use of the HomestayMatch Platform are incorporated by reference into these Terms and Conditions. You agree that you are responsible for reviewing these Terms and Conditions and our policies and requirements regularly, and your continued use of the HomestayMatch Platform constitutes your acceptance of any modifications, changes, or revisions these Terms and Conditions, policies and requirements.

Table of Contents

Overview of HomestayMatch Services
Eligibility and Host Verification
Privacy
Modification of these Terms and Conditions
Sign Up
Booking Process and Payments
Cancellation and Changes
Host Services, Guest Privileges, Limitations and Obligations
Host Policies and Procedures
Damages to Accommodation
Reviews and Photos
Acceptable Use Policy
Reporting Misconduct
User and HomestayMatch Content
Term, Termination and Suspension of these Terms and Conditions
Disclaimers
Liability and Indemnification
Feedback
Miscellaneous Provisions
Dispute Resolution and Arbitration Process

These Terms and Conditions are in addition to any other terms and conditions, rules and regulations that may apply to accounts you have with HomestayMatch or to any other services or information provided by HomestayMatch. Where appropriate, please review those specific terms.

Submission of any forms via the HomestayMatch Platform does not automatically qualify you for an Accommodation. Any requests or submitted applications are subject to review and approval by and at the discretion of HomestayMatch and confirmation by the applicable Host.

Overview of HomestayMatch Services
1. The HomestayMatch Platform is an online platform that connects local Hosts who provide accommodation in their home with students and professionals (Guests) who are seeking housing. When using the HomestayMatch Platform you are entering into an agreement with HomestayMatch and an agreement with the applicable Guest when you accept a Booking Request.
2. As a HomestayMatch Host, you agree to provide Accommodation and hospitality services to Guests. An Accommodation is a furnished bedroom, which must include a bed, a desk, a chair, adequate lighting, closet space or a dresser, and Wi-Fi access (free of charge). You may offer one of the meal plans described below 7 days a week, if applicable. Minimum stay for Guests is usually 2 weeks, but you may adjust your preferences on the Dashboard on your HomestayMatch profile. Hospitality may include friendly and generous treatment of Guests and offering reasonable support, information, and help throughout Guest’s stay.
3. HomestayMatch uses reasonable efforts to verify every Accommodation as further described below before listing the Accommodation on the HomestayMatch Platform. HomestayMatch will use its reasonable judgment in determining whether to accept a Host and Accommodation into the HomestayMatch Platform. HomestayMatch does not guarantee any minimum level of bookings of any Accommodations.
4. HomestayMatch uses reasonable efforts to verify each Guest’s identity based on available resources. Despite HomestayMatch’s Guest verification system, user verification on the Internet may be difficult in general, and even more so when dealing internationally. HomestayMatch does not act as an insurer of your experience as a Host providing Accommodations for use by Guests. HomestayMatch makes no representations or warranties as to the background, history or other personal information of any Guest. Your individual experience may vary from the Guest representation, reviews, communications and information posted on the HomestayMatch Platform or received from HomestayMatch or the Guest. For that reason, HomestayMatch is not responsible for and disclaims and is free of all liability related to any Guest. HomestayMatch advises Hosts to always use their best judgment and act with sensibility and care when deciding whether to accept a Booking Request.
5. Key Terms
  - "Accommodation(s)" refers to a private or shared (if applicable) furnished bedroom inside a Host’s home where Host resides, or a guest house at the property, except for a bedroom in a garage. It can be a spare room in apartment, house, condo, townhouse or any other type of housing available and accepted by HomestayMatch. A Host may list multiple, eligible Accommodations in their home.
  - "Booking" means a confirmed Accommodation with a selected Guest for a designated period of time.
  - "Booking Request" refers to receiving a request from a Guest to reserve your Accommodation.
  - "Content" means HomestayMatch Content and User Content.
  - "Dashboard" means options and services available on Guest’s or Host’s profile on the HomestayMatch Platform. Hosts and Guests may navigate and update their account from the Dashboard.
  - "Guest" refers to a person requesting Accommodation through the HomestayMatch Services with a Host. Guests may be international students, American citizens, U.S. Residents, interns, or professionals.
  - "HomestayMatch Content" means content that HomestayMatch itself makes available on or through the HomestayMatch Platform, including proprietary HomestayMatch content and any content licensed or authorized for use by or through HomestayMatch from a third party, excluding User Content.
  - "Host" refers to a person who offers and lists their Accommodation through the HomestayMatch Platform.
  - "Host Family" refers to a Host and all their family, relatives, friends and/or tenants that may be currently residing at the location of the Accommodation, if applicable.
  - "User" refers to Guests, Hosts, Host Family members and any other user of the HomestayMatch Platform.
  - "User Content" refers to any information, descriptions, Reviews, photographs, applications, notifications, messages, or emails which are posted, listed, updated, displayed, sent, or shared on the HomestayMatch Platform by Users.
  - As used in these Terms and Conditions, "you" or "your" or "Host(s)" refers to you or to any other person you permit to use the HomestayMatch Platform and HomestayMatch Services on your behalf. "We" "us" or "our" refers to HomestayMatch or any agent, designee or contractor of HomestayMatch.
  - "Including", "includes" and the like mean "including, but not limited to".

Eligibility and Host Verification
1. Eligibility Criteria
  - The HomestayMatch Platform is intended for users who are at least 18 years old. By accessing and using the HomestayMatch Platform you represent and warrant that you are 18 or older.
  - Hosts can be a single person or a couple with or without children. Hosts can be working part-time, full-time or retired.
  - English must be spoken fluently and at all times at the Accommodation when the Guest is present because most Guests are seeking to interact and communicate with the Host and Host Family to improve their English language skills.
  - Hosts must reside at the Accommodation offered to a Guest.
  - Hosts and Host Family members must hold a U.S. legal status. By signing up with HomestayMatch you warrant that you and your Host Family are legally residing in the United States.
  - Hosts should be open to receive Booking Requests and meet people from all over the world, interested to learn about other cultures and open to new and different experiences that hosting a Guest may entail.
2. Host Verification and Approval Process
  - HomestayMatch reserves the right to verify every Accommodation, Host and their Host Family members before listing the Accommodation online. Not all Hosts who sign up are accepted into the HomestayMatch program.
  - The type of verification conducted may vary. Some verification may include in-house visits, over the phone interview, online verification, or any other type of verification HomestayMatch may conduct on a Host. In addition, HomestayMatch verification may also be a combination of several factors such as a score given by HomestayMatch trained Ambassador and his/her best judgment, Home Visit Survey score, Housing Coordinators interaction with the Host, Guest’s experience and reviews, or background check.
  - HomestayMatch reserves the right to delay its in-home verification process if we currently do not have any Guests requesting Accommodation in the Host’s area, or if no HomestayMatch Ambassador is located nearby.
  - If HomestayMatch chooses to verify Host and/or Host Family identity, the Host and Host Family members must provide requested proof of identification (including passport, U.S. visa, Permanent Resident Card (“Green Card”), driver’s license, Social Security Number, or birth certificate). You accept and authorize HomestayMatch to use your personal information and documentation and that of members of your Host Family for background check purposes. In addition, HomestayMatch may, at its sole discretion, obtain public records of criminal convictions or sex offender registration or conduct equivalent background checks. You understand and authorize HomestayMatch to use one or more third party service providers to perform background and identity checks.
  - By registering as a Host, you warrant that you are not under investigation and have not been convicted of any crime including, but not limited to sex offences, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
  - If you do not provide the requested information so HomestayMatch can complete its verification process, HomestayMatch reserves the right to deactivate your Accommodation listings and cancel all Bookings you have accepted. The cancellation will be treated as a Host cancellation under the Host Cancellation Policy.

Privacy

HomestayMatch collects and shares personal information about you in order to identify you as our customer, to establish and manage customer accounts, to complete customer transactions, to provide information to you about the HomestayMatch Platform and HomestayMatch Services, to comply with legal and regulatory requirements, and for other reasons. Our collection and use of personal information in connection with your access to and use of the HomestayMatch Platform and HomestayMatch Services is described in our Privacy Policy.

Modification of these Terms and Conditions

HomestayMatch may amend or change these Terms and Conditions and any HomestayMatch Platform policies and requirements from time to time, in our sole discretion, by posting updated terms and conditions, policies and requirements within the HomestayMatch Platform or by providing written notice (see Section 19(a)). You agree to be bound by any modifications, changes, or revisions made by HomestayMatch to these Terms and Conditions and HomestayMatch Platform policies and requirements.

Sign Up
1. Sign Up Process
  - If you wish to list your Accommodation(s) on the HomestayMatch Platform, you are required to register and provide basic information about your Accommodation (including, but not limited to your valid and physical address where you reside, contact information, other tenants, pets, type of Accommodation offered, and your hosting preferences). You will be required to verify your email and cell phone number to ensure correct communication tools.
  - You may register a HomestayMatch account directly through the Site by using your email address and setting up a password, or through your account with certain third-party social networking sites (SNS) such as Facebook, Pinterest, Twitter, Instagram, Google, etc. HomestayMatch is not responsible for any SNS content.
  - As soon as you have completed the registration process, you will receive an email requesting you to confirm your registration. You must verify the HomestayMatch account from your personal email through the link in the email.
  - When possible and if applicable, HomestayMatch Housing Coordinators and/or Ambassadors will contact a Host to schedule a home visit inspection, or will seek to verify the profile and Accommodation in another available and accessible way.
  - After the verification process is complete, if approved by HomestayMatch the Host will receive an email inviting them to log in to the Dashboard to confirm information collected from the verification process, and to provide additional information.
  - You may list multiple Accommodations (bedrooms) within your apartment, house, condo, townhouse or other type of housing, if applicable. Guests may be sending you Booking Requests for a particular Accommodation. You understand that once you confirm a specific bedroom for a Guest, you may not place the Guest in another bedroom at your home the Guest did not request. To prevent confusion with multiple Accommodations, and to ensure that you can confirm Booking Requests for the requested Accommodation, HomestayMatch will display a picture of the bedroom requested by a Guest on a Booking Request. In addition, HomestayMatch recommends that Hosts name their bedrooms, which may also can help to prevent miscommunication.
  - After the verification process is complete, if approved by HomestayMatch your Accommodation(s) will go live and be available for viewing by Guests on the HomestayMatch Platform. Guests may start contacting you with Booking Requests through HomestayMatch Platform. You may receive notifications (email, text messages) regarding Booking Requests.
  - You, as a Host, acknowledge that you are solely responsible for the content of your Accommodation listing(s). You also accept and ensure that the content in your Accommodation listing(s) does not breach any agreements you have entered with third parties, and that you are in compliance with all relevant laws, policies, rules or regulations that may apply to listing your Accommodation through HomestayMatch and hosting Guests. For example, some areas may have laws that limit or forbid the ability to provide temporary accommodation or hospitality services for a fee. HomestayMatch cannot be responsible for a Host’s obligations, arrangements, duties, or agreements with third parties, or compliance with any relevant laws, policies, rules or regulations. You understand that if any permit, registration or license is required, you are solely responsible for obtaining such documents. HomestayMatch reserves the right to disable or deactivate any Host’s listing if it is found in conflict with any of the foregoing.
  - HomestayMatch requires Hosts to update their availability and profiles regularly. You may do so through your Dashboard on your profile at HomestayMatch by logging in with your email and password you created. Every time a Host updates or modifies any data or information on the listing profile, HomestayMatch reserves the right to review the change and remove the listing if necessary.
2. Sign Up Requirements
  - You may register only one account with HomestayMatch unless you receive our written authorization. You may not transfer your account to another user at any time. HomestayMatch reserves the right to disable or suspend your account if you create more than one account, or if any of the information provided proves to be fraudulent, inaccurate, incorrect, incomplete, or if you are found in violation of these Terms and Conditions or any policies or requirements (see Section 15).
  - You are responsible for providing current, correct, full and accurate information throughout the registration process as well as for keeping your information up to date throughout offering and providing your Accommodation through HomestayMatch.
  - You are responsible for keeping your information safe and secure and may not disclose your account access credentials to another party. You must inform HomestayMatch immediately if you suspect that your account access credentials have been used without your knowledge.
  - There may be security, transmission or other risks associated with use of the Internet and online services and platforms, and you expressly assume any and all such risks. You are responsible for obtaining all software, hardware or other equipment necessary to use online services, including, without limitation, the use of up-to-date web-browsers and appropriate encryption, antivirus, anti-spyware, and Internet security software. The Site contains encryption methods that are not supported by all browsers. If you are not using a browser that supports 128-bit encryption, you may be unable to view all of the information and materials contained on the Site.
  - HomestayMatch will not knowingly collect or retain information submitted by children under the age of 18. If HomestayMatch learns that we unknowingly collected personally identifying information from a child under 18 years of age, we will immediately take all reasonable measures to delete the information from our computer systems and all other data systems.

Booking Process and Payments
1. Booking Information
  - As a Host, you may select your preferences for Guests. For instance, you may select gender, duration of stay, meal plans offered, etc. All Booking Requests will contain a Guest’s basic information (such as name, country of birth, age, duration of stay, purpose of stay, etc.). You are entitled to accept or deny a Booking Request based on your preferences or availability.
  - As a Host, you also accept that you are responsible for your own decisions, acts and omissions when communicating and interacting with potential Guests, and when selecting and accepting Guests at your Accommodation. HomestayMatch recommends reviewing your insurance policy carefully to determine if it covers any actions or inactions of or relating to Guests staying at your Accommodation (see Section 9(e)) for more information).
  - You accept and understand that Guests may send Booking Requests based upon the information provided on your profile, which may include a certain factor or a combination of factors including price, location, calendar availability, images, reviews, and other personal preferences and requirements.
  - Hosts, not HomestayMatch, are fully responsible for accepting any Booking Requests as well as making available any Accommodation(s) listed through HomestayMatch Platform. If you decide to accept a Booking Request with a Guest, you acknowledge that you will be required to enter into an agreement with the Guest through the HomestayMatch Platform and you agree to accept any terms, conditions, rules and restrictions related to such Accommodation imposed by HomestayMatch.
  - You accept and understand that you, and not HomestayMatch, will be responsible for fulfilling the obligations of any such agreement, that HomestayMatch is not a party to or insurer of such agreement, and that, with the exception of certain rules, terms and conditions applicable to all Guests and Hosts, HomestayMatch (inclusive of all subsidiaries and affiliates) disclaims all liability arising from or related to any such agreement.
  - Under certain circumstances and for any reason necessary, HomestayMatch reserves the right, in its sole discretion, to cancel or refuse the service, a Booking Request or a Booking made via the HomestayMatch Platform. HomestayMatch may also decide, in its sole discretion, to require a refund to the part or all of the amounts paid to the Host in accordance with Section 7 and the Host Cancellation Policy or in connection with a cancellation. You agree that HomestayMatch will be free of any liability for such cancellations, refusals or refunds.
  - Hosts and Guests are solely responsible to request any modification to a Booking. As a Host, you are responsible to accept or deny any modifications or changes to your Booking, if requested by the Guest. If HomestayMatch receives such request from the Guest, HomestayMatch will contact you to seek your permission to make any changes to the Booking. If you wish to make any change to a Booking, you will request the change as described in Section 7, and the Host Cancellation Policy and payment modification may apply. Such changes may include, but are not limited to change of meal plan, occupancy, move in and move out dates.
  - HomestayMatch intends for the information, materials and functions contained on the HomestayMatch Platform to be as current and accurate as possible, but cannot guarantee and does not warrant the accuracy or reliability of the information, material or functions available through the HomestayMatch Platform. Any calculations, functions or tools available on the HomestayMatch Platform are intended only to provide estimates that may differ from actual amounts that are applicable to you or to your account. Reasons for this variation include: (1) location; (2) meal plan selected; or (3) the timing of the request for the Accommodation. Actual and final fees are calculated by HomestayMatch.
2. Booking Process
  - When a Booking Request is made by a Guest, the Host will receive a text message and/or email notification and will have 24 hours to respond through the Dashboard; otherwise, the Booking Request may expire. Hosts will have an opportunity to review some information about the Guest (name, age, gender, country of birth, etc.), and review possible total payment for a specific Booking Request, which will be displayed before accepting a Booking Request.
  - The Host may accept or deny the Booking Request within this time frame. If the Booking Request is accepted, the Host will receive confirmation via email with Booking details. If the Booking Request is denied, the Host must provide one of the reasons listed.
  - Hosts acknowledge and understand the importance of responding to Booking Requests in a timely manner. For Host who remain unresponsive for an extended period of time, HomestayMatch reserves the right to inactivate the account without giving prior notice to the Host.
  - For Hosts who continuously deny Booking Requests, HomestayMatch may block the availability calendar for the dates Booking Requests have been sent to the Host or disable the Accommodation listing for an indeterminate time.
3. Prices
  Each Host has the right to select and adjust prices within a price range offered by HomestayMatch. The prices HomestayMatch suggests are based on a regular market research conducted by HomestayMatch, which may include competitors, market value, location, amenities offered, Guest reviews, and verification results. HomestayMatch believes Hosts should be compensated fairly, reasonably, and honestly for their Accommodations, therefore, we suggest prices a Host may offer based on the above criteria. Prices can be visible on the Host Dashboard after the verification process is complete and may be adjusted in accordance with the Host’s personal expectations (within available price range).
4. Payment Process
  - Upon the Guest moving in to your Accommodation there will be a 72-hour trial period, during which either the Host or the Guest may request cancellation or change to the Booking.
  - After the Guest moves in to the Accommodation, you will receive an email with a “Move in Survey” as part of confirmation of the Guest’s arrival. You will have 72 hours from the arrival to complete the Survey and/or to contact HomestayMatch at [email protected] with any questions or concerns about the Guest and to request a cancellation or change to the Booking. If you do not complete the “Move in Survey” or contact us via email about any problems with your Guest and a cancellation or change request, the Guest will be considered confirmed.
  - Host payment will not be released until after the trial period expires and confirmation has been received from both the Guest and Host. If for any reason your payment should not be released, you must contact HomestayMatch (please see Section 7 and the Host Cancellation Policy for more information).
  - If the confirmation is received from both the Guest and Host accordingly, your payment will be released prepaid for the first 4 weeks of your Booking, unless a shorter Booking period was requested. If you have accepted the Booking for more than 4 weeks, the remaining balance will be released to you automatically every 4 weeks.
  - HomestayMatch and Hosts reserve the right to change prices. Any change may only be in effect for new Booking Requests, and will not affect those Bookings you have already accepted.
5. Payment and Tax Information
  - Payments may be sent to Hosts via check or PayPal. You may select your preferred method of payment on the Dashboard and must complete any forms and provide any information requested by HomestayMatch. You are responsible to provide accurate payout information. If the payment or check has been returned due to incorrect information, HomestayMatch reserves the right to deduct any fees connected with resending the payment.
  - Certain tax regulations may require HomestayMatch to collect applicable tax information, and/or to withhold from all compensation payable to the Host all sums required to be withheld under federal, state and city laws, or governmental regulation or ruling. For example, one of IRS requirements is to collect IRS Form W-9 from Hosts (available to complete on Dashboard). Hosts are solely responsible to ensure that the information is accurate and complete and in accordance with their tax return and/or Social Security Card. HomestayMatch reserves the right to delay payments if the Form W-9 is not received in a timely manner, or if the information provided on the Form W-9 is inaccurate or incomplete until the correct form is provided to HomestayMatch. In addition, you as a Host acknowledge and understand that you are solely responsible for completing your tax reporting requirements and obligations to appropriate governmental authorities in regard to listing your Accommodations through HomestayMatch. HomestayMatch does not offer any tax-related support or advice to any Host.
6. Types of fees and payments
  Subject to the deduction or payment of certain fees, the Host will be paid for hosting a Guest at the Host’s Accommodation. The following payments and fees will apply:
  - Host Service Fee - This is the administrative fee HomestayMatch charges a Host on each Booking. This fee will be deducted from each Guest payment. The percentage will vary between 5% and 12% depending on location, type of Accommodation and meal plans offered.
  - Host Verification Fee – this is a one-time fee of $25.00 deducted from the first Host Payment. This fee covers any administrative fees HomestayMatch may have in regard to Host’s verification process including onsite visits and background checks.
  - Host Payment – this is the payment the Host receives for hosting a Guest at their Accommodation. Any Host Verification Fee or Cancellation Fee will be deducted from the Host Payment, and the Host will receive the net amount. Pending and sent payments may be viewed on the Dashboard.
  - Cancellation Fee – this is the fee due from the Host if applicable according to the Host Cancellation Policy.
  - Taxes – where applicable, HomestayMatch will collect required taxes.
7. Overpayment Policy
  Hosts accept and acknowledge that they will only be paid for the number of days Guests stay at their Accommodation. The following section describes the process in the event HomestayMatch notifies a Host that it has been overpaid.
  - If the payment has been made by check that has not been deposited, the Host shall not cash the check and shall immediately return the check to HomestayMatch. If the Host subsequently deposits the check, the Host shall immediately reimburse HomestayMatch for the amount of the check and any bank charges incurred by HomestayMatch resulting from the deposit of the check. Any bank charges incurred by the Host are solely the responsibility of Host.
  - If the payment has been made via PayPal account, the Host shall immediately return the payment to HomestayMatch via PayPal.
  - In the event that the Host receives and processes an excess payment from HomestayMatch (for example, if a Guest arrives later than their scheduled move in date or departs before their scheduled move out date), then the Host shall reimburse HomestayMatch for all payments made by HomestayMatch to the Host on a prorated basis no later than four (4) weeks from the time host is informed about the overpayment.
  - HomestayMatch will, upon receipt of the returned overpayment, and if applicable, send payment to Host in the correct amount.
  - The failure of the Host to return an uncashed check or return money to HomestayMatch’s Los Angeles offices within one (1) week after receiving notice of overpayment from HomestayMatch will result in a $100.00 late fee due from the Host to HomestayMatch, and HomestayMatch shall be entitled to charge interest on the total amount due accruing at the rate of ten percent (10%) per annum from the date that payment was due to HomestayMatch until the date the total amount due is received by HomestayMatch.
  - HomestayMatch, at its sole and absolute discretion, may apply the overpaid amount(s) as a credit against other monies it owes the Host and will inform Host if it intends to do so.
8. Fee and Price Changes – HomestayMatch and Hosts reserve the right to change fees and prices by posting updated fees and prices in the HomestayMatch Platform. Any change will not affect any prior Booking Requests and Bookings.
9. Rounding Off – All fees are received and paid in USD. HomestayMatch may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency). For example, HomestayMatch may round up an amount of $99.50 to $100, and round down $100.49 to $100).

Cancellation and Changes
1. Hosts may deny a Booking Request or cancel a confirmed Booking at any time prior to the Guest’s arrival or after the move in date. Cancellations more than 7 days before the Guest’s arrival must be made through the Dashboard. All cancellations within 7 days of the Guest’s arrival must be received by HomestayMatch in writing via email to [email protected]. Cancellation submitted solely to your Guest will not be considered. Since Host cancellations disrupt Guests’ travel plans and may have negative influence on HomestayMatch as a housing organization, as a Host, you acknowledge and accept that HomestayMatch may impose certain penalties.
2. Your cancellation or a cancellation by a Guest will be reviewed and determined by HomestayMatch in accordance with the Host Cancellation Policy. Interpretation and determination of cancellation fees or available payments will be made by HomestayMatch in its sole discretion. HomestayMatch reserves the right to refuse and deny a payment for any reason at any time. Any cancellation fee levied on a Host will be deducted from the next Host Payment, or if no Host Payment is made within 60 days, Host will pay HomestayMatch directly, as stated in the Host Cancellation Policy. In addition, the following may apply if a Host cancels confirmed Bookings:
  - The Host’s availability calendar may be blocked for the same dates as the cancelled Booking and the Host will not be able to receive another Booking Request during this time.
  - HomestayMatch or the affected Guest may also post an automated review on your profile indicating that you have cancelled a confirmed Booking. Your rating as a Host may also be reduced if your cancellations happen repeatedly.
  - If a Host cancels confirmed Bookings more than 3 times a year, HomestayMatch may suspend or inactivate the account for a limited or indefinite period of time.
3. HomestayMatch reserves the right to terminate without compensation a Host’s Booking and the Accommodation listing if the Host is found to have behaved with misconduct. Misconduct includes theft, abuse of property, verbal or physical abuse of persons, failure to adhere to federal, state or local laws, and HomestayMatch rules and guidelines.
4. Eviction and Lock Out
  Notwithstanding anything to the contrary in these Terms and Conditions, in no event may a Host evict, lock out, or move-out any Guest without HomestayMatch’s advance consent.
5. Booking Change Policy
  Hosts may request changes to a Booking through the Dashboard before or after the Guest’s move in date. Changes may refer to meal plan or Booking dates. Any change request is subject to the Guest’s approval. If your Guest accepts the request, the Booking will be changed and your payment will be updated accordingly. If the request is declined or the Guest does not respond, your confirmed Booking remains unchanged. In addition, the following will apply:
  - You may not request additional or different payment to a confirmed Booking. If you wish to change your pricing, this will only be reflected for future new Booking requests.
  - When changing Booking dates, the Host may only make changes within the original requested dates. For example, if you’ve accepted a Guest from April 1st until April 30th, you may only request to shorten the stay, and not request the Guest to move in on March 31st or earlier. However, you may not request to shorten a stay to dates for which you have already received payment.
  - You may not request to change Booking dates after the move in date. You will only be able to request a meal plan change.
  - If you wish to make another change to your confirmed Booking, you will need to submit the request again through the Dashboard for the Guest to accept.
  - If your Guest does not respond, or declines your change request, and you no longer wish to keep the Booking, you may cancel it and the Host Cancellation Policy will apply.
  - Guests may request you to change a Booking prior or after the move in date. The changes may refer to dates, meal plan or occupancy (private/shared). If you accept the change, the Booking will be changed and your payment updated accordingly. If the revised amount is less than the original Booking, that difference will be deducted from your next payout. If the revised amount is larger than original Booking, you will receive the payment along with your next scheduled payout. If you decline the change request, the Booking will remain unchanged, and the Guest will have an option to cancel the Booking, subject to the terms of the Host Cancellation Policy.

Host Services, Guest Privileges, Limitations and Obligations
When providing services at the Accommodation, the Host understands and accepts that when the Guest is accessing the Accommodation, the Guest will have certain privileges and limitations a Host and HomestayMatch may offer. Host acknowledges and grants the Guest privileges, and the Guest is required to respect both the privileges and limitations in accordance with these Terms and Conditions. Host will provide each Guest with the following at the Accommodation:
1. The Host acknowledges and agrees that if two (2) Guests are to be placed in the same bedroom, both Guests must be placed through HomestayMatch, both Guests must be travelling together, and the Guests must consent to such arrangement prior to such placement.
2. Bathroom - A private or shared bathroom facility (based on the Booking) providing privacy when such facility is being utilized. Host shall also provide toilet paper, tissues and hand soap. Other toiletries are the Guest’s responsibility.
3. Key – The Guest will be provided with a key/keycard to enter, access and utilize all appropriate portions of the Accommodation and any related areas and/or access points. If the Guest loses or fails to return the key/keycard prior to the move out date, the Host is entitled file a Damage Case and request locksmith services (see Section 10 Damages to Accommodation), and the Guest will be solely responsible for paying costs of applicable locksmith services. The Host agrees to send a receipt to HomestayMatch for the record.
4. Bedding and towels – one or more set of bed linens and towels will be provided with a weekly laundering of these items by the Host. Other than providing weekly laundering of bed linens and towels, the Host is not obliged to provide other laundry services for Guests, but must provide access to laundry facilities, if applicable.
5. Laundry access (both washer and dryer) – if available at the Accommodation, the Host grants the Guest the use of laundry facilities. The Host may arrange a schedule for laundry with the Guest and may limit laundry to once or twice a week. Laundry detergent is the Guest’s responsibility. If laundry facilities are unavailable at the Accommodation, the Host is required to show the way to the nearest Laundromat.
6. Meal Plan Options Available at the Accommodation – Hosts may offer one, or more of the following meal plans. Meal plan options will be displayed on the Host’s profile. The meal plans are as follows:
  - Room Only – no meals are offered by the Host. Guests are responsible to purchase their own meals and snacks.
  - Room with Breakfast – continental breakfast will be offered by the Host and it usually involves no cooking but should include foods like cereals, toast, milk, tea, coffee, fruit, pastry, or similar. The Host may not be there to prepare the meal, but will make the food available for the Guest.
  - Room with Breakfast and Dinner – continental breakfast as described above, plus dinner, which will be prepared by the Host. Host will serve the same portion of dinner he/she will have that night.
7. Kitchen access – Guests should have access to some space in the kitchen to store food in the fridge and a cabinet designated by the Host. For safety reasons, the Host may limit use of the kitchen and offer one of the following kitchen accesses:
  - Limited Kitchen Access – Hosts may allow Guests to use some of the appliances such as toaster, microwave, kettle; however, stove and oven use may not be permitted. Certain kitchen rules imposed by the Host may apply.
  - Full Kitchen Access – Guests should be allowed to use all the appliances offered in the kitchen, however, certain kitchen rules imposed by the Host may apply.
  Hosts may also place restrictions on times that kitchen usage is permitted.
8. Common areas – Guests should have access to common areas such as living room, bathroom, kitchen. However, certain areas, such as the Host’s bedroom or other rooms or facilities may be restricted from access by Guests at the Host’s sole discretion.
9. House Rules – each Host is entitled to impose certain house rules at the Accommodation. As a Host, you may select and add rules available on your profile on the HomestayMatch Platform. Hosts must discuss any reasonable rules and procedures with the Guest upon arrival.
10. Personal Privacy – each Host understands that Guests are entitled to privacy of their belongings and their personal privacy inside the Accommodation. However, Hosts may occasionally inspect the Guest bedroom.
11. Cleaning – each Host is required to maintain all the areas of the Accommodation clean and organized at all times and agrees to prepare the Accommodation accordingly prior to the Guest’s arrival. The Host shall have the room ready including, but not limited to vacuuming, dusting, washing bedding and towels, ensuring enough space in the closet/dresser. Guests are responsible to maintain the bedroom reasonably clean and organized. Guests are also required to clean the utilized areas after themselves.
12. Privacy of Guest’s Personal Information – Hosts must not share or distribute the Guest’s information to third parties such as name, address, phone number, email address, family details and/or other information without the Guest’s consent. The Host is entitled and may expect the same privacy from Guests.
13. Safety procedures – The Host shall share procedures to take place in case of a medical emergency involving the Guests, such as dialing “911,” and shall provide emergency contact information to the Guests for any occasions where the Host may stay away from the Accommodation for weekends, holidays or vacations. Host shall utilize its reasonable efforts to assist and give aid to Guests in the event of medical emergency. Such assistance and aid shall include, without limitations, taking the Guest to or arranging for emergency transportation to a hospital facility.
14. Transportation – Guests are solely responsible for their own transportation to and from campus, airport, and throughout the city and area in with the Accommodation is located. If you and your Guest come into any agreement regarding transportation (whether for a fee or free of charge), those arrangements are solely between you and the Guest, and HomestayMatch will be free of any liability in case of any accidents, collisions, or any other damages to properties or for death or body injuries, or any involvement in such circumstances for any participant in the incident. Hosts are solely responsible for their driving skills.

Host Policies and Procedures
1. Arrival and Departure Information
  Not less than 7 days prior to your Guest’s arrival (assuming the Guest has completed all Guest application process requirements), HomestayMatch will enable communication with the Guest, so that you both can make arrangements in regard to the move in time. The Host agrees and is responsible to make arrangements to be home or have someone available to let the Guest in at the time communicated and agreed with the Guest.
2. Extension and Move Out
  - If your Guest wishes to continue their stay in the Accommodation longer than their original Booking dates, all extensions and payments must be directed through HomestayMatch. You will receive proper notification email or text message with instructions how to proceed, or if applicable, HomestayMatch may contact you directly.
  - Under no circumstances, may the Guest and the Host contract directly with one another or come to any agreement with one another outside of the HomestayMatch Platform. Host agrees and acknowledges that if Host deviates from the foregoing policy, in addition to pursuing other remedies at law and in equity, HomestayMatch may remove any and all applicable Accommodations listed on the HomestayMatch Platform by the Host.
  - If you decline an extension request or the Guest does not request an extension, the Guest is responsible for moving out of the Accommodation according to these Terms and Conditions and according to the check-out date specified in the Booking and at the time you specify.
  - Hosts are responsible to ensure that the Guest returns the key/keycard and removes any belongings from the Accommodation. For that reason, HomestayMatch recommends the Host to be present at the time the Guest intends to vacate the Accommodation to inspect the Accommodation.
3. Overstaying
  - Hosts who continue to host a Guest in their Accommodation past their move out date without notifying HomestayMatch and completing an extension through the HomestayMatch Platform, as described above, will be held responsible for any issues that may arise from such direct arrangements. HomestayMatch will not be responsible for any problems you and your Guest may encounter. HomestayMatch also reserves the right to deactivate the Host’s account.
  - As a Host you accept that the Accommodation is granted for the Guest for a limited duration of time agreed between the Guest, the Host and HomestayMatch. If a Guest stays past the agreed time and date, the Host is entitled to make the Guest leave immediately in a manner consistent with applicable law. Additionally, HomestayMatch may charge the Guest for any additional day overstayed at the Accommodation in order to pay the Host in accordance with these Terms and Conditions. However, if for any reason the payment may not be collected from the Guest, HomestayMatch is not obligated to cover the payments for the Guest’s overstay. The Host understands that he/she is solely responsible to inform HomestayMatch if the Guest has not moved out from the Accommodation on the required move out date.
4. Change Request
  If you are not satisfied with the Guest, you may request to cancel the Booking, provided that you request the cancellation within the first 72 hours of the Guest’s arrival to the Accommodation. Any Guest cancellation requests must be directed to HomestayMatch at [email protected] and must describe reasons for the requested change. HomestayMatch will have at least 15 days to move the Guest out of the Accommodation.
5. Insurance
  The Host shall procure and maintain their own liability and property insurance for any matters related in any way to personal and property damage incurred during the entirety of the Guests' stay, and shall name HomestayMatch as an additional insured of such policies.

Damages to Accommodation
1. As a Host you are responsible for inspecting the Accommodation and confirming that the Guest leaves the Accommodation (including any personal or other property located at the Accommodation) in the condition you prepared it prior to the Guest’s arrival. Guests, not HomestayMatch, are solely responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals whom they invite or provide with access to the Accommodation.
2. If you believe a Guest caused any damage, you must immediately notify HomestayMatch at [email protected] before or upon move out. You must include sufficient evidence of the damage and its cause to HomestayMatch, e.g., photos clearly showing the damage to the item or Accommodation. Any damages reported after the Guest’s move out may only be considered at HomestayMatch’s sole discretion. For that reason, HomestayMatch recommends the Host to inspect the Guest bedroom together with the Guest prior to departure. Regular wear and tear are excluded from these provisions. Similarly, the Guest has an opportunity to report to HomestayMatch any damages that had been found at the Accommodation as of their move in date.
3. Damage Case
  - If the Host claims and provides sufficient information and evidence (including, but not limited to photographs) that the Guest has caused any type of damages to the Accommodation or any personal or other property at an Accommodation (“Damage Case”), the Host can request payment from the Guest or, if the matter cannot be resolved immediately between the Guest and the Host, through HomestayMatch. If a Host escalates the “Damage Case” to HomestayMatch, the Guest will have opportunity to respond. If the Guest agrees to pay the Host directly for the damage or agrees to replace the disputed item, HomestayMatch will use reasonable efforts to collect appropriate amount from the Guest required to cover the Damage Case in accordance with these Terms and Conditions.
  - Hosts and Guests agree to cooperate with HomestayMatch in good faith, and to provide sufficient evidence and information and take such actions as may be reasonably requested by HomestayMatch in relation to any Damage Case or any other claims or complaints.
  - As a Host you agree to participate in mediation or similar resolution process with a Guest, at no cost to you, which process will be conducted by HomestayMatch with respect to damages for which the Host is requesting payment.

Reviews and Photos
1. Guest Reviews
  - To maintain quality of the HomestayMatch Services each Guest is encouraged to write a review about their experience at the Accommodation after move out. Such reviews may be posted on Host’s profile for other Users to view, and will add to overall Host scoring, quality of services and Accommodation. Both positive and negative reviews may affect Host’s Booking Requests. In case the Host collects a sufficient number of negative reviews, HomestayMatch reserves the right to inactivate Host’s profile.
  - Any Guest review posted on the HomestayMatch Platform indicates the opinion of an individual Guest and does not reflect the opinion of HomestayMatch.
2. Host Reviews
  - Hosts are entitled to provide feedback about each Guest through the Dashboard after the Guest’s departure (a “Guest Review”). We encourage all Hosts to be honest and fair about their experience with their Guests. Your Guest Review must be truthful, factual and may not contain any offensive or defamatory language. HomestayMatch also encourages Hosts to send us email and provide their comments at [email protected] as well and to share any photos they wish to provide to HomestayMatch. You agree that the Guest Reviews (including, but not limited to evaluations, comments, feedback, photographs, letters, emails, referrals, text messages) that you submit to HomestayMatch will be considered User Content.
  - HomestayMatch may, at its sole discretion, publicly share any of the Guest Reviews provided to HomestayMatch, including on the Site, HomestayMatch Platform, social media accounts, review websites, and advertising campaigns.
  - Hosts understand that it is forbidden to manipulate any rating or review posted at HomestayMatch in any manner. For instance, Hosts may not instruct a third party to write a positive or negative review about another Host or a Guest.

Acceptable Use Policy
Hosts are responsible and agree to be in compliance with any and all laws, rules, regulations and obligations that may apply when using the HomestayMatch Platform and HomestayMatch Services. As a Host, you agree that you will not violate the HomestayMatch Acceptable Use Policy. HomestayMatch reserves the right to prosecute any breach or violation of any of the HomestayMatch Acceptable Use Policy to the entire extent of the law. You also accept that HomestayMatch has the right to take a range of actions against you, including cancelling, removing, blocking, deactivating, and disabling the content of your account and your access to information and services on the HomestayMatch Platform.

Reporting Misconduct
If you feel that anyone staying at your Accommodation is acting or has acted inappropriately or unlawfully including anyone who:
- displays offensive, violent or sexually inappropriate behavior,
- you suspect is stealing from you,
- engages in any other disturbing behavior, or
- violates Section 12 of these Terms and Conditions or the HomestayMatch Acceptable Use Policy,
you should immediately report such person to the appropriate authorities and then to HomestayMatch by contacting us with your police station information and report number. However, you agree that your report will not obligate HomestayMatch to take any action beyond that is required by law (if any) or cause us to incur any liability to you.

User and HomestayMatch Content
1. Subject to your agreement with these Terms and Conditions, HomestayMatch grants you a limited, nonexclusive, nontransferable license to view and access Content, solely for your personal and noncommercial use. You acknowledge and accept that you have no right to sublicense the license rights granted in this section. In addition, you agree not to copy, change, modify, adapt, adjust, or prepare any derivative works based on, distribute, transfer, sell, trade, display, share, transmit, broadcast or otherwise exploit the Site, HomestayMatch Platform, HomestayMatch Services or Content, except as expressly permitted by these Terms and Conditions or otherwise in writing by HomestayMatch. You acknowledge that you are granted no license or rights by implication or otherwise under any intellectual property rights owned or controlled by HomestayMatch or its licensors, except for the license and rights expressly granted in these Terms and Conditions.
2. HomestayMatch may allow you, in our sole discretion, to post, share, publish or transmit User Content. By making your content available on the HomestayMatch Platform, including advertising and promotional campaigns, you hereby grant HomestayMatch a worldwide, perpetual, irrevocable, royalty-free, transferable, worldwide, nonexclusive license with the right to sublicense, to use, view, adapt, copy, share, distribute, transmit, broadcast, access, and otherwise exploit User Content for any and all purposes. HomestayMatch does not claim any ownership rights to User Content, and you will continue to have rights to use, exploit and access your own User Content.
3. Users are solely responsible for all of their User Content that they make available on the HomestayMatch Platform. Users represent and warrant that (a) they are sole owners of their entire User Content provided to HomestayMatch or through the HomestayMatch Platform, and have all rights, consents and releases that are necessary to grant HomestayMatch the rights to utilize such User Content as provided in these Terms and Conditions; and (b) neither the User Content nor any of its publication, post, transmission, distribution, or uploading on the HomestayMatch Platform or otherwise to HomestayMatch will violate any third-party’s rights, including, but not limited to patent, copyright, trademark, secrets, morals, privacy, publicity, proprietary or intellectual property, or will result in violation of any law or regulation.
4. Hosts shall not transmit any material or information to the HomestayMatch Platform that is false, libelous, defamatory, obscene, profane, solicitous, infringes on any copyright or other proprietary rights of any other person or entity, or otherwise could result in civil or criminal liability under the law.

Term, Termination and Suspension of these Terms and Conditions
1. These Terms and Conditions will be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or HomestayMatch terminate these Terms and Conditions in accordance with this Section 15.
2. You may terminate these Terms and Conditions at any time by sending us an email to [email protected]. If you cancel your HomestayMatch account as a Host, any unconfirmed Booking Request and any confirmed Booking will be automatically cancelled as a Host cancellation and any refund will depend upon the terms of the Host Cancellation Policy.
3. Without limiting our rights specified below, HomestayMatch may terminate these Terms and Condition for convenience at any time by giving you 30 days’ notice via email to your registered email address.
4. In addition, HomestayMatch reserves the right to terminate these Terms and Conditions immediately and without notice if you have or are believed to have (i) materially breached or violated these Terms and Conditions or any policies or rules, (ii) provided incorrect, misleading, fraudulent, incomplete, or outdated information during the sign up process or at any time during your use of the HomestayMatch Platform or a stay at your Accommodation, or (iii) violated any laws, policies, regulations or third party rights. HomestayMatch also reserves the right to terminate these Terms and Conditions immediately and without notice if HomestayMatch believes in good faith that such measures are reasonable and necessary to protect security, comfort or property of other Users, HomestayMatch or third parties, or for purposes such as fraud prevention or activities, risk assessment, investigation or security. In the event that any such termination will take place, HomestayMatch will use reasonable efforts to notify you of the termination.
5. HomestayMatch also reserves the right, at its sole discretion to temporarily or permanently delay, limit, deactivate, suspend, or cancel any Booking Request, Booking, listing, account, Review or Content, as well as limit or deny access to the HomestayMatch Platform, if (i) you have breached or violated these Terms and Conditions or any policies or rules (including house rules), (ii) you have received poor, negative or unfavorable reviews, or (iii) HomestayMatch considers in good faith that such measures are reasonable and necessary to protect security, comfort or property of other Users, HomestayMatch or third parties, or for purposes such as fraud prevention or activities, risk assessment, investigation or security. In the event that any such action will take place, HomestayMatch will use reasonable efforts to notify you of the action.
6. In case of non-material breaches and where applicable and at HomestayMatch’s sole discretion, you may be given an opportunity to resolve the issue to HomestayMatch’s reasonable satisfaction.
7. If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed Bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed Bookings that were cancelled.
8. In the event that the Host or HomestayMatch terminates these Terms and Conditions, HomestayMatch is under no obligation to remove, delete or return any User Content to the Host, including, but not limited to reviews, photographs, information, descriptions, messages, email communication. If these Terms and Conditions have been terminated, Hosts are not entitled to restore, use or access their User Content and/or account unless otherwise permitted by HomestayMatch. In addition, Hosts are not permitted to use, access or attempt to use or access the HomestayMatch Platform, HomestayMatch Services or any HomestayMatch account through any other HomestayMatch account.
9. If the Host or HomestayMatch terminates these Terms and Conditions, then the clauses of these Terms and Conditions that reasonably should survive termination will remain in effect.

Disclaimers
1. IF YOU CHOOSE TO USE THE HOMESTAYMATCH PLATFORM OR CONTENT, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE HOMESTAYMATCH PLATFORM (INCLUDING SITE, APPLICATION AND HOMESTAYMATCH SERVICES), CONTENT AND ALL OTHER SERVICES AND ITEMS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HOMESTAYMATCH EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HOMESTAYMATCH MAKES NO WARRANTY THAT THE HOMESTAYMATCH PLATFORM (INCLUDING SITE, APPLICATION AND HOMESTAYMATCH SERVICES), CONTENT AND ALL OTHER SERVICES AND ITEMS, INCLUDING, BUT NOT LIMITED TO, ANY GUESTS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HOMESTAYMATCH MAKES NO WARRANTY REGARDING THE QUALITY OF ANY ACCOMMODATIONS, HOSTS, GUESTS, THE SERVICES OR CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE HOMESTAYMATCH PLATFORM.
2. YOU AGREE THAT YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE THE HOMESTAYMATCH PLATFORM, HOMESTAYMATCH SERVICES, LAWS, RULES, OR REGULATIONS THAT MAY BE APPLICABLE TO THE SERVICES YOU ARE RECEIVING AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OF LAW OR FACT MADE BY HOMESTAYMATCH RELATING TO AN ACCOMMODATION LISTING.
3. YOU ACKNOWLEDGE AND AGREE THAT HOMESTAYMATCH DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS. IF WE CHOOSE TO CONDUCT IDENTITY VERIFICATION OR BACKGROUND CHECKS ON ANY USER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A GUEST OR GUARANTEE THAT A GUEST OR OTHER USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
4. YOU AGREE THAT SOME HOMESTAYMATCH SERVICES MAY CARRY INHERENT RISK, AND BY PARTICIPATING IN SUCH SERVICES, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. FOR EXAMPLE, SOME HOMESTAYMATCH SERVICES MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY CHOOSING TO PARTICIPATE IN THOSE HOMESTAYMATCH SERVICES. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MAKE BEFORE, DURING AND AFTER YOUR PARTICIPATION IN A HOMESTAYMATCH SERVICE.
5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HOMESTAYMATCH OR THROUGH THE HOMESTAYMATCH PLATFORM OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
6. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE HOMESTAYMATCH PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE HOMESTAYMATCH PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT HOMESTAYMATCH DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW GUESTS. HOMESTAYMATCH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE HOMESTAYMATCH PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE HOMESTAYMATCH PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE HOMESTAYMATCH PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE HOMESTAYMATCH PLATFORM, INCLUDING, BUT NOT LIMITED TO, GUESTS OR OTHER HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON, AND REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY HOMESTAYMATCH. HOMESTAYMATCH EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST, HOST OR OTHER THIRD PARTY.
7. THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Liability and Indemnification
1. Limitation of liability. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE HOMESTAYMATCH PLATFORM, YOUR PROVIDING OF ANY ACCOMMODATIONS THROUGH THE HOMESTAYMATCH PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER HOMESTAYMATCH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE HOMESTAYMATCH PLATFORM (INCLUDING OUR LICENSORS) OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS AND CONDITIONS, (II) THE USE OF OR INABILITY TO USE THE HOMESTAYMATCH PLATFORM OR CONTENT, (III) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE HOMESTAYMATCH PLATFORM OR (IV) YOUR PROVIDING OF ANY ACCOMMODATION VIA THE HOMESTAYMATCH PLATFORM, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOMESTAYMATCH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
2. Indemnification. You agree to release, defend, indemnify, and hold HomestayMatch and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms and Conditions or any HomestayMatch policies or requirements, (ii) your access to or use of the HomestayMatch Platform or Content; (iii) your User Content; (iv) your interaction with any User or other third party; (v) the use of an Accommodation provided by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Booking or use of your Accommodation; or (vi) your breach of any laws, rules, regulations or third party rights.

Feedback
HomestayMatch welcomes and encourages you to provide feedback, comments and suggestions for improvements to the HomestayMatch Platform (“Feedback“). You may submit Feedback by emailing HomestayMatch, through the “Contact” section of the HomestayMatch Platform, or by other means of communication. Any Feedback you submit to HomestayMatch will be considered non-confidential and non-proprietary to you. By submitting Feedback, you grant HomestayMatch a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

Miscellaneous Provisions
1. Notices. Any notices or any communications allowed or required, including, but not limited to those concerning modifications of these Terms and Conditions, will be provided in writing either (i) via electronic mail or text message (to the email address or cell phone number provided on the Host’s HomestayMatch profile), (ii) through Notification on the Dashboard of the Host’s HomestayMatch account, or (iii) via entry or update to the Site. The date of the foregoing notice or communication will be considered the date on which such notice or communication is in effect, unless otherwise specified.
2. Severability. Should any provisions of these Terms and Conditions for any reason be declared invalid, void, or unenforceable by a court of competent jurisdiction, the validity and binding effect of any remaining portion will not be affected, which will remain in full force and effect, and the parties agree that the offending provisions shall be deemed modified and reformed to the minimum extent necessary to make them valid and enforceable.
3. Applicable Law. Hosts agrees and covenants that these Terms and Conditions and performance under these Terms and Conditions, and all proceedings that may ensue from its breach, be construed in accordance with and under the laws of the State of California and that in any action, proceeding that may be brought arising out of, in connection with or by reason of these Terms and Conditions, the laws of the State of California shall apply and shall govern to the exclusion of the law of any other forum. In the event of litigation, jurisdiction and venue shall be in the Los Angeles Superior Court. Host hereby submit to the jurisdiction of the Los Angeles Superior Court.
4. Waiver. No waiver by either party of any provision of these Terms and Conditions shall be deemed a waiver of any other provision, and no course of conduct or failure or delay in enforcing the provisions of these Terms and Conditions shall affect the validity, binding effect, or enforceability of these Terms and Conditions.
5. Withholding Taxes. HomestayMatch may, in its sole and absolute discretion, withhold from all compensation payable pursuant hereto all sums required to be withheld under federal, state and city laws, or governmental regulation or ruling.
6. Injunctive Relief. Nothing in these Terms and Conditions shall prevent HomestayMatch from seeking injunctive or other equitable relief from a court of competent jurisdiction to enforce the provisions of these Terms and Conditions. The Host irrevocably consents to such injunctive relief.
7. Attorney's Fees. In the event of any controversy or dispute arising out of these Terms and Conditions, the prevailing party or parties will be entitled to recover from the non-prevailing party or parties, reasonable expenses, including, without limitation, attorneys’ fees and costs actually incurred.
8. Authority. Each party to these Terms and Conditions hereby represents and warrants that it has the legal power, right and authority to enter into and carry out these Terms and Conditions.
9. Independent Contractors. Hosts are not HomestayMatch’s employees, agents, joint ventures, or partners. You acknowledge and understand that you act as an independent, third-party contractor and that you act on your own behalf and for your own benefit, and not for the benefit, or on behalf of HomestayMatch.
10. Further Documentation. Each party to these Terms and Conditions, without further consideration, agrees to execute and deliver such other documents and take such other action as may be necessary to consummate more effectively the subject matter hereof.
11. Third Party Beneficiaries. These Terms and Conditions are entered into for the sole benefit of HomestayMatch and the Host and their respective permitted successors and assigns. No party other than HomestayMatch and Host and such permitted successors and assigns shall have any right of action under or rights or remedies by reason of these Terms and Conditions.
12. Third Party Links and Resources. The HomestayMatch Platform contains links to other Internet sites and resources that are not related to or controlled by HomestayMatch. HomestayMatch assumes no responsibility or liability for any errors or omissions in the materials or information available on or through such other Internet sites or resources. The existence of such links is not an endorsement by HomestayMatch of such Internet sites or the resources, contents, or operators thereof. In addition, such other Internet sites and resources may provide less security than HomestayMatch and have a privacy policy different than that of HomestayMatch. Your access to and use of such Internet sites and resources is at your own risk.
13. Copyright Policy. HomestayMatch honors and recognizes copyright law and expects all Hosts to comply as well. HomestayMatch reserves the right to terminate any Host’s account who continuously violates or is believed to be continuously violating the rights of copyright owners. Please also see the HomestayMatch DMCA Policy.
14. Entire Agreement. Unless supplemented by a document referenced and integrated or by additional HomestayMatch terms, guidelines, rules or policies, these Terms and Conditions, together will all HomestayMatch policies and requirements referenced herein, compose the entire and full acknowledgment, acceptance and agreement between you and HomestayMatch. These Terms and Conditions will supersede and replace any and all prior oral, written agreement between you and HomestayMatch in relation to the HomestayMatch Services, Accommodations, Bookings, and Content. Except where otherwise stated herein, these Terms and Conditions may not be modified or amended by oral agreement, but only by HomestayMatch in its sole discretion.
15. Assignment. You may not assign or transfer these Terms and Conditions without written consent of HomestayMatch. You recognize that if you attempt to transfer or assign these Terms and Conditions without HomestayMatch consent, such transfer will be null and invalid. HomestayMatch reserves the right to assign or transfer these Terms and Conditions at its sole discretion. These Terms and Conditions will inure and bind to the advantage and benefit of the parties, their successors and permitted assigns.

Dispute Resolution and Arbitration Process
1. Scope. If you are using the HomestayMatch Platform or HomestayMatch Services, you understand that the following dispute resolution and arbitration terms will apply, regardless whether or not you reside in the U.S.
2. Dispute Resolution Process. HomestayMatch is committed to offering a consumer-friendly dispute resolution process. Therefore, a Host who wishes to bring a claim will participate in the following two-step dispute resolution process: first, an informal negotiation directly with HomestayMatch, and second, binding arbitration administered by the American Arbitration Association (“AAA”). Since these Terms and Conditions involve a transaction in interstate commerce, the Federal Arbitration Act will apply and govern the interpretation and enforcement of this section. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules, except as modified below. The process, rules and regulations can be found on AAA’s website at www.adr.org or by calling the AAA at 1-800-778-7879.
3. Modification to AAA rules. The AAA rules will be modified as follows:
  - Location of the Hearing. As HomestayMatch is committed to a consumer-friendly resolution process, we agree to make the arbitration most convenient to the Host. In that regard, any required arbitration hearing may take place at your choice of location: (a) in the country of your residence, (b) in Los Angeles County, (c) in any other location both you and HomestayMatch agree, (d) over the phone or video conference, or (e) for any claim or counterclaim under $25.000, by merely the submission of documents to the arbitrator.
  - Fees and Costs. You may have a right to seek an award of attorney’s fees and expenses if you prevail in the arbitration, to the extent available under applicable law and the AAA rules. Unless the arbitrator concludes that your claim was frivolous, trivial or aimed at harassment, HomestayMatch agrees it will not seek, and waives all the rights it may have under applicable law or the AAA rules, to recover attorney’s fees and expenses if it prevails in arbitration.
4. Pre-Arbitration Dispute Resolution. To begin this dispute resolution process, HomestayMatch and you agree to notify each other of such proceedings in writing. You must notify HomestayMatch at [email protected]. HomestayMatch will notify you at the most recent email address associated with your HomestayMatch Platform account. First, informal negotiation will take place. If after such meeting and after a good faith effort to resolve the dispute, either party feels that the dispute cannot be resolved informally, the party who wishes to initiate formal arbitration process will notify the other in writing via email. In order to begin the arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party (as specified by the AAA rules).
5. Agreement to Arbitrate. You and HomestayMatch mutually understand that any dispute, claim or controversy arising from these Terms and Conditions or its breach, termination, enforcement or interpretation, as well as to the use of the HomestayMatch Platform or Content (collectively, “Disputes”), will be settled by binding arbitration. If there is any disagreement whether the arbitration can be applied to the Dispute, both you and HomestayMatch accept that the arbitration will be able to decide that issue. You and HomestayMatch agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to infringement, violation, or misappropriation of a party’s trademarks, copyrights, trade secrets, patents, or any other intellectual property rights, and (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g. imminent danger or commission of a crime, hacking, or cyber-attack).
6. Jury Trial Waiver. You and HomestayMatch understand and accept that both parties are waiving the right to a trial by jury as to all disputes that may be resolved by arbitration as set forth herein.
7. No Class Actions or Representative Proceedings. You and HomestayMatch acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and HomestayMatch both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
8. Modifications. Notwithstanding the provisions of Section 4 (Modifications of these Terms and Conditions), if HomestayMatch makes any modification to this section 20 (Dispute Resolution and Arbitration Process) after the date you last accepted these Terms and Conditions, you have the right to reject such change by sending a written notice within 30 days of the date such change becomes effective. By rejecting any change or modification, you understand and accept that you will arbitrate any dispute between you and HomestayMatch in accordance with the Dispute Resolution and Arbitration Process section as of the date you last accepted these Terms and Conditions.

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