Terms of Use | Hearth Homes Stays

HEARTH HOMES STAYS

WEBSITE TERMS OF SERVICE

Effective: September 1, 2023

Thank you for your interest in Hearth Homes!

These Terms of Service apply to your access to and use of any websites, mobile applications, and other online products and services that are provided by Hearth Homes LLC or our subsidiaries, parents, or affiliates (“HH,” “we,” or “us”), in addition to any third-party web platforms or downloadable software applications which you use to access such websites or services provided by us (collectively, our “Site”).

These Terms do not alter in any way the terms or conditions of any other agreement you may have with us or our subsidiaries or affiliates, for products, services or otherwise. If you make a booking at one of our HH Properties (as defined in our Privacy Policy) with us via our Site, these Terms also include our Booking Policies and any other agreements between us or other documentation, guidelines, or policies we may provide in writing.

By using our Site, you agree to these Terms of Service. Our Privacy Policy explains how we collect and use personal information you provide to us while using the Site.

1. Access to the Site

In connection with your use of the Site, you are responsible for making all arrangements necessary for you to have access to the Site; and ensuring that all persons who access the Site through your internet connection are aware of these Terms of Service and comply with them. Specifically, you must be at least 18 years of age to access the Site. If you use the Site on behalf of another person or entity, you must have the authority to accept these Terms of Service on their behalf.

You must provide accurate and complete information when requested on the Site. All information you provide in connection with your account is governed by our Privacy Policy.

2. Access Restrictions

You may access, and we grant you a non-exclusive right to use, the Site and all content contained on the Site in accordance with these Terms of Service. You will comply with these Terms of Service and all applicable laws when using the Site. We have the right to disable your access to the Site at any time, including if, in our opinion, you have violated any provision of these Terms of Service.

You specifically agree not to use the Site: (a) in any way that violates any federal, state, local, or international law or regulation; (b) to access any services provided by us in violation of any copyright or other intellectual property right of ours or of any third party; or (c) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site, or expose them to liability.

You are also prohibited from violating or attempting to violate any security features of the Site, including, without limitation: (d) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (e) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (f) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (g) using the Site or Service to send unsolicited e-mail, including, without limitation,

promotions, or advertisements for products or services; (h) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (i) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any content on or the source code for the Site.

Any violation of system or network security may subject you to civil and/or criminal liability.

3. Content

We and our affiliates own all rights, title, and interest in and to the Site, in addition to all content on the Site, other than the following categories of content available to you:

(a) Your content. You may provide input into the Site though message boards, contact functions, your account, or other interactive features. If you provide any information, material, or other content through the Site, we may use it without restriction or compensation to you. For more information about how we handle your content on the Site, please see our Privacy Policy.

(b) Third Party content. We may provide information about third-party products, services, activities or events on our Site, or we may allow third parties to make their content and information available on our Site (collectively, “Third-Party Content”) as a service to those interested in this information. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. We do not control, endorse or adopt any Third-Party Content and make no representation or warranties of any kind regarding Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

In addition, we may use third-party web hosting and payment service(s), including Google Analytics, Mews, Ascend Marketing, and Wix Analytics. (each, a “Third-Party Service”) to facilitate orders and payments made through the Site, and to facilitate the provision of marketing information and communications through the Site to you. These Third-Party Services are made available on the Site via an integrated application owned and operated by the provider of the Third-Party Service, not us.

To learn more about Google Analytics and view their terms of service, visit: https://analytics.google.com/analytics/web/provision/#/provision.

To learn more about Mews and view their terms of service, visit: https://www.mews.com/en

To learn more about Ascend Marketing and view their terms of service, visit: https://ascend.marketing/

To learn more about Wix Analytics and view their terms of service, visit: https://support.wix.com/en/article/third-party-app-visitor-analytics-by-visitor-analytics

“HEARTH HOMES”, “HEARTH HOMES STAYS”, “HEARTH HOSPITALITY”, our company name, our HH Property names, and all related names, logos, product and service names, designs, and slogans are our trademarks or those of our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

4. Fees and Payment

Booking services offered through the Site are available only with purchase. If you choose to purchase products or services from us through the Site, you agree to the following terms:

(a) Fees and Billing. You will pay all fees charged to you or which you agree to purchase from us according to the prices and terms on the Site, or as otherwise agreed between us in writing. We have the right to correct pricing errors or mistakes even if we have already issued a confirmation or received payment. You must provide complete and accurate billing information including a valid and authorized payment method. You authorize us, our affiliates, and our Third-Party Service payment processor(s) to charge your payment method for all fees charged to your account. If your payment cannot be completed, we will provide you with written notice and may suspend access to the Site or our booking services until payment is received. Fees are payable in U.S. dollars and are due upon invoice issuance. Fees do not include any applicable taxes or other governmental charges, which are calculated and assessed separately from prices stated for our products and services on the Site. You agree to timely pay any such taxes together with your payment for purchase of products and services from us.

(b) Disputes and Late Payments. If you want to dispute any fees or taxes invoiced to you through the Site, please contact stays@hearthhomes.com within thirty (30) days of the date of the disputed invoice. Undisputed amounts past due may be subject to a finance charge of 5% of the unpaid balance per month. If any amounts are past due, we may suspend your access to the Site or ability to make additional bookings after we provide you with written notice of late payment.

(c) Additional Service Terms. Certain products or services offered by us or our affiliates through the Site may be subject to additional terms and conditions of purchase that we or our affiliates may communicate to you in writing at the time of or before you purchase such products or services. If we communicate any such additional terms of purchase to you, you understand and agree that your purchase of the products or services is subject to these additional terms. By purchasing these products or services, you agree to comply with all additional associated terms.

5. Term and Termination

These Terms of Service take effect when you first use the Site and remain in effect until terminated. If we make changes to these Terms of Service, we will provide notice of such changes, such as by posting a notice on our Site and/or updating the “Last Updated” date above. Your continued use of our Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications.

It is your responsibility to review these Terms of Service periodically, and if at any time you find these Terms of Service unacceptable, you must immediately leave the Site and cease all use of the Site.

In addition, we reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. These Terms of Service will continue in full force and effect following and withdrawal or amendment to the Site unless we state otherwise in writing. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.

6. Indemnification, Disclaimer of Warranties, and Limitation of Liability

You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold us and our affiliates and our and their officers, directors, employees, consultants, agents, and representatives harmless from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) directly or indirectly arising from your access to or use of the Site, including your negligent use of the Site; your violation of these Terms of Service; your violation of the representations, warranties, or covenants set forth in these Terms of Service; any misrepresentations or breaches of any warranties or agreements made by you in connection with your use of the Site; or your infringement, or infringement by any other user of the Site to which you provide access to the Site, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

WE HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES.

WE ARE MAKING THE SITE AND ANY PRODUCT OR SERVICES OFFERED FOR SALE TO YOU THROUGH THE SITE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE, INCLUDING BUT NOT LIMITED TO ANY PRODUCT OR SERVICE YOU MAY PURCHASE AS A RESULT OF YOUR USE OF THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

WE DO NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE MENTIONED IN ANY CONTENT AVAILABLE ON THE SITE.

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICEs THAT GAVE RISE TO THE CLAIM OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

7. Dispute Resolution Procedures

If you have any dispute with us, you agree that before taking any formal action, you will contact us at stays@hearthhomes.com and provide a brief, written description of the dispute and your contact information. Except for if a dispute arises from or relates to these Terms of Service or the breach thereof, including the determination of the scope or applicability of this agreement to arbitrate, the dispute shall be settled by binding arbitration administered by an arbitrator through a reputable arbitration association such as the American Arbitration Association. All disputes shall be arbitrated in Santa Barbara County, California.

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to stays@hearthhomes.com. The notice must be sent within thirty (30) days of (a) the most recent date of these Terms of Service as set forth above; or (b) the first date that you used the Site that contained any versions of the Terms of Service that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with these Terms of Service. If you opt out of these arbitration provisions, we also will not be bound by them.

If we change this section after you have accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective. By rejecting any change, you agree that you will arbitrate any dispute between you and us in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND US REGARDING ANY ASPECT OF THE SITE, AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.

9. General Provisions

(a) Alleged Copyright Infringement. We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. We have adopted a policy that provides for the immediate suspension and/or termination of any user of the Site who is found to have infringed on our rights or those of a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to our attention.

If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (ii) dentification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) dentification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For this notification to be effective, you must provide it to our designated agent by email at stays@hearthhomes.com.

(b) Severability or Waiver of Certain Terms. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Service to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

(c) United States Use Only. We make no representation that any of the materials or the services to which you have been given access via the Site are available or appropriate for use in locations outside of the United States. Your use of or access to the Site should not be construed as our purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction.

(d) Binding Agreement. These Terms of Service, and all other agreements and policies incorporated by reference, constitute the final, complete, and exclusive statement of the terms of the agreement between you and us pertaining to the subject matter of these Terms of Service, and supersede all other prior or contemporaneous oral or written understandings and agreements between you and us. This Agreement shall inure to the benefit of and be binding on the heirs, legal representatives, successors, and permitted assigns of the parties. You may not otherwise assign or delegate any rights or obligations under these Terms of Service. Any purported assignment or delegation shall be null and void. We may assign these Terms of Service in connection with a merger, acquisition or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.