Terms and Conditions of Use
Access to and use of the Ether Hospitality website, www.stayether.com (the "Site"), operated by Ether Hospitality Inc. ("The Company" or "Ether Hospitality") is governed by the terms and conditions of use ("Terms And Conditions Of Use") set forth below, as well as any applicable laws, statutes, ordinances and regulations. By accessing the Site, you agree to be bound by these Terms And Conditions Of Use. If you do not agree to these Terms And Conditions Of Use, please do not use this Site. Each time you use the Site, the current version of the Terms And Conditions Of Use will apply. Accordingly, when you use the Site, you should check the date of the Terms And Conditions Of Use (which appears at the bottom of this document) and review any changes since the last version.
Please exit this site now if you do not accept these Terms and Conditions:
1. Copyright. Ether Hospitality Inc. offers temporary accommodation services (the “Properties”) for travelers (the “Guests”) on a short-term basis and allows Guests to search, review, and book (the “Booking”) the Properties subject to the terms and conditions of this Agreement (the “Agreement”).
The www.stayether.com website (the “Site”) and any other websites or mobile applications relating to Ether Hospitality Inc. (“Ether”) or the Properties, (collectively, the “Sites”) and the various other related services, features, functions, software, properties, applications, websites and networks (together with the Property and the Site, collectively, the “Stay Ether Services”) are provided and operated, and are being made available to you, the other Guests and the other users of any of the Stay Ether Services by Ether. All defined terms used herein shall have the meanings prescribed to these terms in these Terms of Service (these “Terms”).
The data and materials on the Site, including without limitation the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site (collectively, the "Content") are the intellectual property of Ether Hospitality and its licensors. The Content is protected by copyright and other intellectual laws and all ownership rights remain with Ether Hospitality, or its licensors, as the case may be. Ether Hospitality reserves all rights not expressly granted in and to the Site and the Content. Neither your access to and use of the Site nor these Terms And Conditions grant you any right, title or interest or license in or to any such Content, and you may not use such Content without the express written permission of the copyright owner(s).
2. Trademarks. All Ether Hospitality and/or StayEther trademarks contained on the Site are the property of Ether Hospitality or its licensors.
4. Users. Access to some portions of the Site require you to become a Registered User and/or Guest and agree to the terms of an End User License Agreement or Guest Rental Agreement.
4. Subscribers. Access to some portions of the Site require you to become a Listing Subscriber and agree to the terms of a Subscriber Listing Agreement.
5. User Content Submissions. Ether Hospitality does not want to receive confidential or proprietary information from you through our Site. Any communication or material you transmit to the Site now or in the future by electronic mail or otherwise, excluding personally identifiable information about yourself, including, but not limited to any questions, comments, suggestions or the like will be treated as non-confidential and non-proprietary by Ether Hospitality. By transmitting such communications, you automatically grant Ether Hospitality a royalty-free, perpetual, irrevocable non-exclusive license to use reproduce, modify, publish, edit, translate, distribute, perform, and display such material(s) alone, or as a part of other works in any form, media, or technology whether now known or hereafter developed and to sublicense such rights to anyone. Anything you transmit may be used by Ether Hospitality for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products or services using such information.
6. Ether Hospitality respects the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any Content or other material on the Site infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act ("DMCA") by providing our designated copyright agent with the following information in writing: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing 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 the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (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. Ether Hospitality's designated copyright agent to receive notifications of claimed infringement is: Ether Hospitality, Inc.
7. Disclaimer. This Site is provided “as is” and “as available”. We make no warranty, either expressed or implied, regarding the Site or that your access to or your use of the Site will be uninterrupted or error free. Ether Hospitality, its officers, directors, employees, affiliates, agents, licensors, and suppliers make no representation or warranty of any kind whatsoever to you or any other person relating in any way to the Site and disclaim to the maximum extent permitted by law, any and all such representations and warranties. Without limiting the generality of the foregoing, Ether Hospitality, its officers, directors, employees, affiliates, agents, licensors, and suppliers disclaim to the maximum extent permitted by law any and all warranties, express or implied, including without limitation, (a) Any warranties of merchantability or fitness for a particular purpose, (b) Warranties against infringement of any third party intellectual property or proprietary rights, (c) Warranties relating to delays, interruptions, errors, or omissions in the Site, or any part thereof, (d) Warranties relating to the transmission or delivery of the site, (e) Warranties relating to the accuracy or correctness of data on the site, and (f) Other warranties relating to performance, non-performance, or other acts or omissions of Ether Hospitality, its officers, directors, employees, affiliates, agents, licensors, or suppliers.
8. Limitation of Liability. In no event will Ether Hospitality, its officers, directors, employees, affiliates, licensors, suppliers or any party involved in creating, producing or delivering this Site be liable in any manner whatsoever for any damages of any kind, including but not limited to direction, indirect, incidental, consequential, special, or punitive damages arising our of: (a) This Site, your access, use or inability to use this Site; (b) Any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure (including loss profits, loss of business or data, business interruption, and damages that results from inaccuracy of the information or inconvenience, delay or loss of the use of the Site); (c) Personal injury or property damage, or any nature whatsoever, resulting from your access to and use of the Site; (d) Any unauthorized access to or use of our secure servers and/or any and all personal indentifiable information stored therein; and (e) Any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Site by any third party.
Ether Hospitality reserves the right to alter, remove, or discontinue any portion of the Site or the content of the Site or to suspend or terminate your use in any way, any time, for any reason without prior notification, and will not be liable in any way for possible consequences of such changes.
The foregoing limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Ether Hospitality, its officers, directors, employees, affiliates, agents, licensors, suppliers, or any other party has been advised of the possibility of such damages.
Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Ether Hospitality’s officers’, directors’, employees’, affiliates’, agents’, licensors’, and suppliers’ liability in such jurisdictions shall be limited to the extent permitted by law.
You specifically acknowledge that Ether Hospitality shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
9. Online Promotions. Additional terms and conditions may apply to purchases of services, promotions, and to specific portions or features of the Site, including but not limited to promotional, or other similar features (each an "Application"), all of which additional terms and conditions are made a part of these Terms And Conditions Of Use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms And Conditions Of Use and the terms of the Application, the terms of the Application will control as relating to the Application.
10. Communications With This Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Ether Hospitality will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that you have had with the Site, disclosing your identity or helping to identify you, with any applicable law or regulation, law enforcement authorities, court order or governmental authority.
Any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Ether Hospitality cannot prevent the "harvesting" of information from this Site, and you may be contacted by Ether Hospitality or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Anything you transmit may be edited by or on behalf of Ether Hospitality, may or may not be posted to this Site at the sole discretion of Ether Hospitality and may be used by Ether Hospitality or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Ether Hospitality is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. If you transmit any ideas, concepts, materials or other communications to this Site, you accept that it will not be treated as confidential and may be used by Ether Hospitality without compensation in any manner whatsoever, including without limitation reproduction, transmission, publication, marketing, product development, etc.
Although Ether Hospitality may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, Ether Hospitality is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. Ether Hospitality assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.
11. Eligibility. To make a Booking for temporary accommodation services through Ether’s Site or Sites, purchase temporary accommodations in one of Ether’s Properties, or access and use the Sites and the other Stay Ether Services, you must be at least 18 years of age. By accessing or using Ether’s Sites or other Stay Ether Services, and/or confirming a Booking, you represent that: (a) You satisfy the eligibility requirements described herein, and have not been previously suspended or removed from any of Ether’s Properties, or prohibited in any other way from confirming a Booking or accessing and using the Sites; (b) you confirm that you are of legal age to form a binding Booking Agreement Ether; (c) you will comply with these Terms and all applicable local, state, national and international laws, rules and regulations.
13. Modification of Terms. Ether Hospitality reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Sites or otherwise through the other Ether Hospitality Services. If Ether Hospitality updates these Terms, it will update the “last updated” date at the bottom of the Terms. Please check these Terms, including any Policies, periodically for changes. Your continued making of a reservation, renting one of Ether’s Properties, or use of this Site and/or Sites or other Ether Hospitality Services after the posting of changes constitutes your binding acceptance of such changes. In the event that a change to these Terms materially modifies your rights or obligations, Ether Hospitality will make reasonable efforts to notify you of such change. Additionally, if the changed Terms materially modify your rights or obligations, Ether Hospitality may require you to provide consent by accepting the changed Terms. If Ether Hospitality requires your acceptance of the changed Terms, changes are effective only after your acceptance. To the extent that any modifications to the Terms and Conditions Of Use are not allowed under applicable laws, the prior most recent version of the Terms And Conditions Of Use shall continue to apply.
14. License Grant and Authorized Use. Subject to your compliance with all of the terms and conditions set out in these Terms, Ether Hospitality hereby grants to you a limited, non-exclusive, non-transferable, freely revocable license to access and use the Sites and the other Ether Hospitality Services to the extent of, and in accordance with, these Terms. Ether Hospitality reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized reservations or renting of the Property or use of the Sites or any of the other Ether Hospitality Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
15. General And Additional Rules. It is your responsibility to read and be familiar with these Terms And Conditions Of Use. Compliance with these Terms by you and your guests and visitors will make your stay easier and more enjoyable. Failure to observe any of these Terms may result in the immediate termination of these Terms and the premature termination of your Booking without refund. When making a reservation or renting any of the Properties, or using the Sites and any of the other Ether Hospitality Services, you will be subject to any additional posted policies, guidelines or rules applicable to the Properties and the use of the Sites and features which may be posted from time to time (as added or modified from time to time, the “Policies”). All such Policies are hereby incorporated by reference into these Terms And Conditions Of Use.
16. Fair Reporting. You acknowledge and agree that Ether Hospitality may, but is not obligated to, conduct a background check on you to determine eligibility to use Ether Hospitality’s Site or Sites, including without limitation by obtaining reports from consumer reporting agencies or otherwise reviewing publicly available information about you if you request to reserve a Property, and including databases compiling information about rental and eviction history, credit history and criminal convictions. Ether Hospitality will comply with applicable laws in accessing and using such information. By requesting to reserve a Property, you authorize Ether Hospitality to use your personal information (including name, address, date of birth or other identifying information) to obtain these reports and agree that Ether Hospitality may, in its sole discretion, suspend, cancel, block, restrict or terminate your access to the Sites and other Ether Hospitality Services, or reservations made or contemplated, based upon Ether Hospitality’s evaluation of such reports. You expressly agree that Ether Hospitality may, at its discretion, share such reports and your contact phone number with Ether Hospitality’s real estate partners, providers, agents, owners, and landlords.
17. Respect For Other People’s Rights. Ether Hospitality respects the rights of others and so should you. You therefore may not post or send Content on the Sites or through any other Ether Hospitality Services that: (a) violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right; (b) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Ether Hospitality in its sole discretion; (c) is false, misleading, untruthful or inaccurate; (d) includes anyone's identification documents or sensitive financial information; (e) impersonates any person or entity, including any of Ether Hospitality’s employees or representatives; or (f) spams or solicits any Users, including any other Guest.
18. Limited License Grant to Ether Hospitality. The Sites, the other Ether Hospitality Services or any of our social networking pages (e.g., Instagram, Facebook) may now or in the future permit the submission or posting or linking of product testimonials, pictures, audio and video recordings, text, data, information and other input or any other content linked, posted or submitted by you or other Users, in each case whether or not made available to other Users (“Content”). By uploading, providing, posting, distributing or disseminating any Content to or through the Sites or any other Ether Hospitality Service or any of our social networking pages, you hereby grant to Ether Hospitality a worldwide, non-exclusive, perpetual, irrevocable, transferable, sub-licensable (through multiple tiers), assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, modify and otherwise exploit your Content (and any copyrights, publicity, database and other proprietary rights therein), in connection with the Property and the operation, maintenance and support of the Sites and the other Ether Hospitality Services.
19. Content Use By Others. You hereby consent to the use of your Content by other Users that are authorized to access your Content in the manner contemplated by these Terms and any of the Ether Hospitality Services.
20. Content And Confidential Information. You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all of your Content and the consequences of posting or publishing any Content. By uploading and publishing your Content, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Ether Hospitality and the Users to use and distribute your Content as necessary to exercise the licenses granted by you in this section LICENSE GRANT FOR CONTENT; REPRESENTATIONS AND WARRANTIES and in the manner contemplated by Ether Hospitality and these Terms; (2) your Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or violate or invade the right of privacy, publicity or other rights of any person or entity; and (3) your Content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of any of the Ether Hospitality Services. Violators of these third-party rights may be subject to criminal and civil liability. Ether Hospitality reserves all rights and remedies against any Users who violate these Terms.
21. Content Disclaimer. You understand that when reserving or renting any Property or using the Sites or any of the other Ether Hospitality Services, you may be exposed to Content or other materials from a variety of sources, and that Ether Hospitality is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content and other content. You further understand and acknowledge that you may be exposed to Content and other materials that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Ether Hospitality with respect thereto. Ether Hospitality does not endorse any Content and other material or any opinion, recommendation or advice expressed therein, and Ether Hospitality expressly disclaims any and all liability in connection with Content and other materials. If notified by a User or a content owner of any Content or other content or materials that allegedly do not conform to these Terms, Ether Hospitality may investigate the allegation and determine in its sole discretion whether to remove the Content or other content or materials, which it reserves the right to do at any time and without notice. For clarity, Ether Hospitality does not permit copyright infringing activities on or through any of the Ether Hospitality Services.
22. Ownership And Proprietary Rights. The Sites and the other Ether Hospitality Services are owned and operated by Ether Hospitality. The Properties are leased by Ether Hospitality. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Property, the Sites and the other Ether Hospitality Services provided by Ether Hospitality (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Content that is provided and owned by Users, all Materials contained on any of the Ether Hospitality Services are the property of Ether Hospitality or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Ether Hospitality or its affiliates and/or third-party licensors. Except as expressly authorized by Ether Hospitality, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Ether Hospitality reserves all rights not expressly granted in these Terms.
Ether Hospitality shall own and have the unrestricted right to use or act upon any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Property, the Sites or any other Ether Hospitality Service.
23. By using the Sites or any other Ether Hospitality Service, you agree not to:
(a) Decipher, decompile, disassemble, reverse engineer, modify, translate or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of the Sites or any other Ether Hospitality Service, in whole or in part (except to the extent that the laws of your jurisdiction make such restrictions unenforceable);
(b) Make a reservation or rent any Properties for the benefit of anyone other you or your immediate family, including transferring or re-marketing any of the Properties;
(c) Provide any services to any third party using the Sites or any other Ether Hospitality Service except in accordance with these Terms;
(d) Develop or create any derivative work of the Sites or any other Ether Hospitality Service or any service to the extent intended to compete with the Properties;
(e) Reproduce (except as expressly permitted herein), modify, adapt, translate or otherwise make any changes to any of the Ether Hospitality Services or any part thereof;
(f) Copy, disclose, or distribute any data available on or through the Sites or any other Ether Hospitality Service, in any medium, including without limitation, by any automated or non-automated “scraping;”
(g) Interfere with, circumvent or disable any security or other technological features or measures of any of the Ether Hospitality Services or attempt to gain unauthorized access to any of the Ether Hospitality Services or its related systems or networks;
(h) Make unsolicited offers, advertisements, or proposals, or send junk mail or spam to other Users (including other Guests) of any of the Ether Hospitality Services (including, but not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
(i) Use bots or other automated methods to: access the Sites or any other Ether Hospitality Service, download profiles, contacts or any other information, send or redirect messages or perform any other activities through any of the Ether Hospitality Services;
(j) Use the Properties, the Sites or any other Ether Hospitality Service for any unlawful or inappropriate activities, such as gambling, obscenity, pornography, violence, transmission of deceptive messages, or harassment;
(k) Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of any of the Ether Hospitality Services;
(l) Take any action that imposes, or may impose at Ether Hospitality’s sole determination, an unreasonable or disproportionately large load on Ether Hospitality’s infrastructure;
(m) Deep-link to the Site or any of other Ether Hospitality Service without Ether Hospitality's consent;
(n) Share or disclose information of other Users without their express consent; or
(o) Use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
24. Third Party Tools And Sites. The Ether Hospitality Services may include third-party tools (“Third-Party Tools”) and links or references to other web sites or services (“Third-Party Sites”) solely as a convenience to Users, including our travel partner sites (e.g., AirBnB; TripAdvisor; other online travel agencies). Ether Hospitality does not endorse any such Third-Party Tools, Third-Party Sites or the information, materials, products, or services contained on or accessible through Third-Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through any of the Ether Hospitality Services are solely between you and such advertiser. Access and use of any Third-Party Tools or Third-Party Sites, including the information, materials, products, and services on or available through such Third-Party Tools or Third-Party Sites are solely at your own risk.
25. Text Messages And Mobile Data. Ether Hospitality may occasionally send text message offers, alerts, and updates regarding the Properties. By agreeing to these Terms, you authorize Ether Hospitality to send text messages to your mobile device with notifications and occasional special offers. You are responsible for any mobile and data charges that you may incur for using any of the Ether Hospitality Services, including text-messaging charges. If you are unsure what those charges may be, you should ask your service provider before using any Ether Properties or any other Ether Hospitality Service.
26. Termination And Terms Of Service Violations. You agree that Ether Hospitality, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your ability to make a reservation or rent a Property or use of the Sites or any other Ether Hospitality Service and remove and discard all or any part of your user profile, and any Content, at any time. Ether Hospitality may also in its sole discretion and at any time discontinue your ability to make a reservation or a rent a Property or providing access to the Sites, or any part thereof, with or without notice. You agree that any suspension or termination of your ability to make a reservation or rent a Property or access to the Sites or any other Ether Hospitality Service may be effected without prior notice, and you agree that Ether Hospitality will not be liable to you or any third party for any such termination. Ether Hospitality reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Ether Hospitality to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that Ether Hospitality may have at law or in equity. As discussed herein, Ether Hospitality does not permit copyright infringing activities on the Sites, the Property or any other Ether Hospitality Service, and shall be permitted to terminate access to any of the Ether Hospitality Services, and remove all Content or other content submitted by any Users who are found to be repeat infringers. BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD ETHER HOSPITALITY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ETHER HOSPITALITY DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ETHER HOSPITALITY OR LAW ENFORCEMENT AUTHORITIES.
Your only remedy against Ether Hospitality with respect to any dissatisfaction with the Properties is the right to receive a refund in the sole discretion of Ether Hospitality. Your only remedy against Ether Hospitality with respect to any dissatisfaction with (i) the Sites or any other Ether Hospitality Service, (ii) any term of these Terms, (iii) any policy or practice of Ether Hospitality in operating the Sites and the other Ether Hospitality Services, or (iv) any Content transmitted through the Property or any other Ether Hospitality Service, is to terminate your use of all of the Ether Hospitality Services. You may terminate your use of the Sites and the other Ether Hospitality Services at any time.
27. Indemnification. You agree to indemnify, defend, and hold Ether Hospitality, its affiliated companies, members, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Property, the Sites, any other Ether Hospitality Service or any of the Content, any violation by you of these Terms or any breach of the representations, warranties and covenants made by you herein. Ether Hospitality reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Ether Hospitality, and you agree to cooperate with Ether Hospitality’s defense of these claims. Ether Hospitality will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
28. Assignment. These Terms And Conditions Of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ether Hospitality without restriction.
29. Entire Agreement. These Terms And Conditions Of Use constitute the entire agreement between the parties constituting access to and use of the Site and may be modified by the unilateral amendment by Ether Hospitality only by posting of an amended version of these Terms And Conditions Of Use. If any provision of this Agreement conflicts with governing law or if any provision is held to be null, void or otherwise ineffective or invalid by a court of competent jurisdiction, (i) such provision shall be deemed to be stated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect.
30. Waiver. No waiver of any breach of any provision of this Agreement 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.
31. Choice of Law and Forum. These Terms And Conditions Of Use shall be governed and construed in accordance with the laws of the State of Pennsylvania, excluding its conflicts of law rules. Any dispute arising out of or relating to this Terms And Conditions Of Use or your access or use of this Site will be subject to the exclusive jurisdiction of the court located within Philadelphia, Pennsylvania and you hereby submit to the personal jurisdiction of such courts.
32. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE ETHER HOSPITALITY PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROPERTY OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE SITES, THE MATERIALS, OR CONTENT ON THE SITES OR THE OTHER ETHER HOSPITALITY SERVICES OR ANY OTHER INTERACTIONS WITH ETHER HOSPITALITY, EVEN IF ETHER HOSPITALITY OR A ETHER HOSPITALITY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ETHER HOSPITALITY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL THE ETHER HOSPITALITY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE PROPERTY OR YOUR USE OF THE SITES AND THE OTHER ETHER HOSPITALITY SERVICES, OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO ETHER HOSPITALITY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR FIFTY DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY USING ANY THIRD-PARTY TOOLS OR BY REASON OF ANY SERVICES PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN ETHER HOSPITALITY AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE ETHER HOSPITALITY SERVICES OR RECEIVED THROUGH ANY THIRD-PARTY SITES.
YOU ACKNOWLEDGE AND AGREE THAT ETHER HOSPITALITY HAS OFFERED THE PROPERTY, THE SITES AND THE OTHER ETHER HOSPITALITY SERVICES, SET ITS FEES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ETHER HOSPITALITY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ETHER HOSPITALITY. ETHER HOSPITALITY WOULD NOT BE ABLE TO PROVIDE THE PROPERTY, THE SITES OR ANY OF THE OTHER ETHER HOSPITALITY SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
33. Releases. If you have a dispute with any other Users (including any other Guests) or other third parties, you release Ether Hospitality and the other Ether Hospitality Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
34. Force Majure. In no event will Ether Hospitality be liable or responsible to you, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any obligation under these Terms, when and to the extent such failure or delay is caused by any circumstances beyond Ether Hospitality's reasonable control (a “Force Majeure Event”), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, the failure of any other company’s services, another company’s error or service interruption, activity from neighbors, activities around the Property such as construction, noise, road repair, or maintenance, protests, large gatherings or other interruptions of traffic and access, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of laws or any action taken by a governmental or public authority. In the event of any failure or delay caused by a Force Majeure Event, Ether Hospitality shall give prompt written notice to you of the Force Majeure Event and use commercially reasonable efforts to end the failure or delay and minimize the effects of such Force Majeure Event.
35. ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND ETHER HOSPITALITY IN CONNECTION WITH THESE TERMS, THE PROPERTY, THE SITE OR ANY OF THE OTHER ETHER HOSPITALITY SERVICES INCLUDING WITHOUT LIMITATION, YOUR RIGHTS OF PRIVACY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S APPLICABLE RULES FOR ARBITRATION, AND YOU AND ETHER HOSPITALITY HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND ETHER HOSPITALITYWOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
(a) Except as otherwise required by law, the parties and the arbitrator agree to keep confidential and not disclose to third parties any information or documents obtained in connection with the arbitration process, including the resolution of the Dispute. You may bring claims only on your own behalf. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
(b) Survival. This arbitration agreement will survive the termination of your use of any of the Ether Hospitality Services or your relationship with Ether Hospitality.
(c) 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section by sending written notice of your decision to opt-out to Ether Hospitality’s contact information listed at the bottom of these Terms. The notice must be sent to Ether Hospitality within 30 days of the earliest of your initial reservation of any Property or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt-out of these arbitration provisions, however, we also will not be bound by them.
(d) Improperly Filed Disputes. All claims you bring against Ether Hospitality must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Ether Hospitality may recover attorneys’ fees and costs up to $15,000, provided that Ether Hospitality has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.