THIRDHOME Rentals Terms & Conditions
1. TERMS & CONDITIONS
THIRDHOME is owned and operated by 3RD HOME Limited”, (“THIRDHOME”, or “we”). This Agreement describes the terms and conditions applicable to the services available on or through the THIRDHOME property rentals website (the “Site”) and details the responsibilities of all users as well as the policies that govern any user relationship with THIRDHOME, thereby limiting the liability of THIRDHOME and its affiliates (the “Terms and Conditions”) including, without limitation, all other suppliers that provide accommodations and/or services through THIRDHOME and this Site (the “Affiliates”).
2. AGREEMENT
Before using any of the services available on the Site, please read this Agreement carefully. By accessing any area of this Site, all users agree to be legally bound without limitation, qualification, or change and to abide by these Terms and Conditions, as well as any and all amendments thereto effective on the date such amendments post, which will constitute the agreement between THIRDHOME and its users (this “Agreement”). THIRDHOME reserves the right, in its sole discretion, to amend, modify, or alter this Agreement at any time by posting amended terms on this Site. All users understand, consent and agree to abide by these Terms and Conditions as a condition to use of this THIRDHOME platform and, in doing so, agree to review these Terms and Conditions, and all amendments thereto, each time you post and/or reserve property on this Site. The amended terms shall be effective from and after the date that they are posted on the Site. If you do not agree with any part of this Agreement, you must terminate your access to this platform and discontinue use of this Site.
3. THIRDHOME AS A RENTAL PLATFORM NOT A BROKER
Users acknowledge that THIRDHOME is in no way acting as an agent to any party, for any purpose, or as a real estate broker or agent for any property. Instead, THIRDHOME provides an on-line marketplace to allow homeowners and property managers who advertise on the Site (each, a “user”) to offer for rent in a variety of pricing formats, a specific vacation or short term rental property to potential renters (each, a “guest” and, collectively with a user, the “users”). The term “users“ may also include property owners or managers who originally advertised their properties on another website and their listings have been redistributed on the Site. We also may offer online booking or other tools or services to allow users to communicate with each other and enter into rental agreements or other transactions.
Any part of an actual or potential transaction between a guest and a user, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any review relating to any guest or property), the ability of users to rent a vacation property or the ability of guests to contract for properties are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions before making a booking or purchasing a product or service and we or one of our affiliates may place additional restrictions on your booking, product or service.
4. USER COMPLIANCE WITH APPLICABLE LAW
Users agree that they are responsible for, and agree to abide by, all laws, rules, regulations, ordinances which are applicable to their use of the Site, their use of any service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site.
Users further agree that they are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to the listing of their rental property and the conduct of their rental business, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to rental properties listed on the Site, there may be circumstances where we are still legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.
Users who accept credit card, banking or other payment information from guests agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.
Although most travel is completed without a serious incident, travel to some destinations may involve more risk than others. We urge guests to research the location they wish to visit and to review travel prohibitions, warnings, announcements and advisories issued by the United States Government before booking. Such information may be found at www.state.gov, www.tsa.gov, www.dot.gov, www.cdc.gov, and www.customs.gov.
We do periodically take action to assist users in avoiding potentially fraudulent or other illegal activity of which we become aware; however, we assume no responsibility to take any such measures or actions. When we communicate to users about any such activity, we take no responsibility for the accuracy of such messages or that said messages or measures will prevent harm.
5. User Representations
Each user represents and covenants that it owns and/or has the necessary authority to offer a property for rent and that it will not wrongfully withhold a rental deposit in breach of the underlying rental agreement, that it will not wrongfully deny access to the listed property and that it will not fail to provide a refund when due in accordance with the applicable cancellation policy or underlying rental agreement.
Upon request, each user agrees to promptly provide us with proof of personal identification, proof that the condition, location, or amenities associated with the property are accurately described in the listing, proof of ownership of the property listed on the Site, and/or proof of authority to list the property.
6. HOME REPRESENTATIONS & IMAGE RIGHTS
All users warrant that the representation of their residence(s) on the Site accurately depicts the property, its facilities, services and amenities on offer through the description and photographs you provide to THIRDHOME. All users likewise warrant and represent that all photographic images are current, and that they accurately portray the property’s current condition. Moreover, users represent that they possess the rights or the requisite consent to use the images in this manner. It is the policy of THIRDHOME, in appropriate circumstances, to terminate the accounts of users or users who repeatedly post images that are the protected property of others or who are repeatedly charged with copyright infringement.
Photographs should depict the vacation rental as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information or images that would violate the privacy rights, intellectual property rights (including but not limited to copyright rights) or any other rights of a third party. We reserve the right to not display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.
By submitting a photograph, the user represents and warrants that (a) the user holds all intellectual property rights (including but not limited to all copyright rights) (b) that all persons depicted in any photograph have given the requisite permission for their likeness to be displayed in an online advertisement on the Site (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in a manner that would mislead a viewer of that photograph and (d) that the user will indemnify and hold THIRDHOME harmless from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted or in the event of claims that the use of a photograph violates another party’s copyright.
It is the user’s responsibility to obtain any and all permissions required to use, post and grant the foregoing rights in all photographic and other material used in its listings. The user warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request. Each user further agrees that we may reproduce in whole or in part any photographic material supplied by such user in the promotion of either such user’s property or the Site.
7. LIMITED LICENSE TO USE THE SITE
Users are granted a limited, revocable non-exclusive license to access the Site and the content and services provided on the Site are solely for the purpose of advertising a property, searching for a property, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or services offered on any Site, participating in an interactive area hosted on the Site or for any other purpose clearly stated on a Site, all in accordance with the Terms. Any use of the Site that is not for one of these purposes or is not otherwise in accordance with these Terms and Conditions unless such use has been previously authorized by THIRDHOME in writing.
8. UNSANCTIONED USE OF THE SITE
The license to use the Site only extends to the uses expressly described herein. The license to use the Site granted to users in these Terms and Conditions does not include any right of compilation, aggregation, copying, scraping, duplication, display or any derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engines” do not include a website or search engine or other service that provides classified listings or property rental advertisements, or any subset of the same or which is in the business of providing vacation property rental services or other services that compete with us.
9. Proprietary Rights & Downloading Information from the Site
The THIRDHOME website, and all content contained therein, is owned, controlled and operated by 3RD HOME Limited. Any reproduction of the site, use of the site or the proprietary software utilized therein, without the expressed written permission of THIRDHOME is strictly prohibited and punishable at law. All content on the website, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyright, trademark, service mark, and/or other intellectual property laws (which are governed by U.S. law and worldwide copyright laws, as well as treaty provisions, privacy and publicity laws, as well as communication regulations and statutes, where applicable), and are owned and controlled by 3RD HOME Limited, or its affiliates, or its third party content providers, merchants, sponsors and licensors (collectively “Providers”). All such providers have licensed their content or the right to market their products and/or services to 3RD HOME Limited, for use on the Site.
The name THIRDHOME and its logo are registered trademarks of 3RD HOME Limited. Any use, without the express written permission of 3RD HOME Limited, is strictly prohibited and punishable by law. Users, absolutely and without condition, waive any and all rights to be identified as an author of THIRDHOME’s website information, or the owner of any photograph(s) posted therein, and any similar rights are equally waived, in any and all jurisdictions, domestic or abroad.
Any photos or descriptions submitted by a user become the property of 3RD HOME Limited. All Users represent and warrant that the information posted, including any photographs, is posted by the user and that the user is the exclusive author of the information and the exclusive owner of the photographs or that the user has been granted written permission authorizing the use of such images. In doing so, the user assigns THIRDHOME, with full title guarantee, all copyrights with respect to any information and photographs posted, and any additional information sent to THIRDHOME at any time in connection with user use of the service. As a user, you agree to indemnify and hold harmless THIRDHOME, and take full financial responsibility, for any fines levied on THIRDHOME, or any costs incurred by THIRDHOME, as a result of the images placed on the site. Further, all users agree to immediately reimburse THIRDHOME for the damages incurred as a result of the unauthorized placement of such images.
The Site and all content and information on the Site are protected by copyright as a collective work and/or compilation, under applicable U.S. and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site other than for your personal, noncommercial use (other than in accordance with a valid listing) is expressly prohibited without prior written permission from us. As part of the rental inquiry or reservation process, for your own personal, noncommercial use and not for further distribution, you may download, display and/or print a copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form displayed on the relevant portion(s) of the Site that you desire to download, display or print.
10. Service Fee
THIRDHOME charges a service fee payable by host users and/or guest users and such fees are subject to change without notice or approval. The service fee covers the use of the Site, including such features as user support, and is calculated as a variable percentage of the total reservation amount (which may or may not include additional fees, taxes and damage deposits). Depending on the laws of the jurisdiction of the guest and/or user, VAT may be charged on top of the service fee. The exact service fee (and any VAT, if applicable) charged will be displayed to guests at the time of booking. The service fee plus applicable VAT will be charged after both the guest and user accept the reservation. The service fee will only be refunded in the event a guest is entitled to a refund of the entire rental amount under the terms of the cancellation policy presented in the listing. Any taxes alleged to be owed by any taxing authority on the service fee are the responsibility of THIRDHOME and users have no responsibility for any such claimed tax liability. Users agree not to encourage or advise a guest to avoid or circumvent the service fee charged by THIRDHOME.
11. Identity Verification
User verification on the internet is difficult and THIRDHOME cannot, and does not assume any responsibility for, the confirmation of each user’s purported identity. THIRDHOME encourages users to communicate directly with other users through the tools available on the Site, though we do not represent that the use of such tools are a guarantee of another user’s identity. THIRDHOME further encourages users to take other reasonable measures to verify the identity of other users while attending to the relevant details of all bookings.
Further, THIRDHOME may, without notice, suspend or cancel a user listing at any time even without receiving notice from said user if THIRDHOME suspects, in our sole discretion, that a user’s Site account or email account is being used in an unauthorized or fraudulent manner.
12. OCCUPANCY & OTHER PROPERTY USE POLICIES
Users agree to hold THIRDHOME harmless with respect to any and all policies governing the use and occupancy of any property appearing on the Site including, but not limited to, policies that address, pets, smoking, cleaning fees, amenity fees, cancellations as well as arrival and departure times. It is incumbent upon all users to make such policy clear and readily identifiable to all other users in representing their property on the site.
All users warrant that their property will be offered clean and ready for occupancy upon arrival. In terms of the overall condition of the residence, THIRDHOME maintains a clean property policy which is commensurate with four to five star hotel standards. There are no exceptions to this rule; failure to adhere to this policy subjects the host user to forfeiture of usership herein at the sole discretion of THIRDHOME. In terms of the sanitary standards of the rental residence, THIRDHOME strongly recommends that each user adopt the sanitization policies which are defined in the VRMA Guidelines, where possible. The details of the VRMA Guidelines are outlined here. Adherence to the aforementioned standard are the responsibility of the user offering a residence for rent and THIRDHOME will not be liable for any failure to adhere to said standards.
13. Digital Millennium Copyright Act (“DMCA”) NoticeS
(a) NOTICE
THIRDHOME respects the intellectual property rights of others. Per the DMCA, THIRDHOME will respond expeditiously to claims of copyright infringement on its website if submitted to THIRDHOME‘s Copyright Agent as described below. Upon receipt of notice alleging copyright infringement, THIRDHOME will take whatever action it deems appropriate within its discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.
If you believe that your intellectual property rights have been violated by THIRDHOME or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:
(i) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(ii) A description of where the material that you claim is infringing is located on the Site;
(iii) An address, telephone number, and email address where THIRDHOME can contact you and, if different, an email address where the alleged infringing party, if not THIRDHOME can contact you;
(iv) A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
(v) A statement by you, under penalty of perjury, that the information contained in your notice is accurate and that you are the owner of the copyright or intellectual property or that you are authorized to act on the owner’s behalf; and
(vi) Your electronic or physical signature.
THIRDHOME may request additional information before removing any allegedly infringing material. In the event that THIRDHOME removes the allegedly infringing materials, THIRDHOME will immediately notify the person responsible for posting such materials that THIRDHOME removed or disabled access to the materials. THIRDHOME may also provide the responsible person with your email address so that the person may respond to your allegations.
Pursuant to 17 U.S.C. 512(c), THIRDHOME’s designated Copyright Agent is as follows:
Stu Grimson
615-454-2329
stu.grimson@thirdhome.com
(b) Counter-NOTICE
If material that you have posted to our Site has been taken down, you may file a counter-notification that contains the following details:
(i) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(ii) A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
(iii) Your name, address and telephone number;
(iv) A statement that you consent to federal district court jurisdiction in Davidson County, Tennessee, and that you will accept service of process from the person who provided notification in compliance with section 512(c)(1)(C) of the DMCA, or an agent of such person.
(v) Your physical or electronic signature.
(vi) You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our site without liability to you or any other party. Repeat infringers will be terminated and barred from using the Site.
14. GENERAL PROVISIONS
All users of this Site acknowledge that no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms and Conditions or use of the Site.
When we need to send you notice, it will be sent to the email address provided during either of the registration, booking process, inquiry process or as later updated in your account (where applicable). Notice shall be deemed given upon receipt or 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any physical address provided to us during the registration process or as later updated in your account (where applicable). Notice shall be deemed given three days after the date of mailing to a physical address and one day after mailing to an electronic address.
We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database or content. We may also impose limits on certain features or services or restrict your access to parts or the entire Site without notice or liability. This version of the Terms and Conditions became effective on the date set forth above and this version amends the version effective before that date. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time. Notification of any amendment will be posted on the Site by the indication of the last amendment date at the top of these Terms and Conditions and will be effective immediately.
We also reserve the right, in our sole discretion and from time to time, to offer programs, products or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms and Conditions. In such cases, your use of the Site with respect to such special programs is governed by these Terms and Conditions together with the terms and conditions of such program, product or service. We reserve the right, but assume no obligation, to agree to different or conflicting terms and conditions with respect to any user. Any such terms and conditions will not be enforceable unless specifically agreed to by us.
We reserve the right to terminate any user’s access to or use of the Site due to a breach of these Terms and Conditions or any other unauthorized use of the Site. However, we do not guarantee that we will take action against all breaches of these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach.
These Terms and Conditions constitute the entire agreement between THIRDHOME and you with respect to the matters set forth herein, and supersede any prior agreement between us and you with respect to your use of the Site. Headings in these Terms and Conditions are for reference only and do not limit the scope or extent of such section. In the event of any conflict between these Terms and Conditions and any other terms and conditions applicable to a product, tool or service offered on our Site, the Terms herein shall prevail. If any portion of these Terms and Conditions is found to be invalid or unenforceable by any court of competent jurisdiction, the remaining provisions of these Terms and Conditions shall remain in full force and effect. Further, any provision of these Terms and Conditions held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
15. WAIVERS & DISCLAIMERS APPLICABLE TO THIRDHOME
Under no circumstances will THIRDHOME, its employees, officers, directors, advisory board users, agents or affiliated companies (i.e., any sponsors, affiliates, partners, real estate developers, home owners associations, real estate sales and marketing companies or other individuals that have a business relationship with THIRDHOME) be liable to Host Users, Guest Users, or any family users or other guests regardless of the form or nature of the claim or action, whether under the Exchange agreement, in warranty, in contract, in negligence, strict liability or otherwise, for an amount that exceeds the Exchange Fee paid by a User. Accordingly, both Host User and Guest User waive any such claim or right and agree to the aforementioned monetary limitation, as a condition to Usership.
Under no circumstances will THIRDHOME, its employees, officers, directors, contractors, agents or affiliated companies (i.e., any sponsors, affiliates, partners, real estate developers, home owners associations, real estate sales and marketing companies or other individuals that have a business relationship with THIRDHOME) be liable to users, or any user family users, invitees or guests for any special, indirect, incidental, consequential or punitive damages. Accordingly, all users waive any such claims or rights and agree to such, as a condition to use of the site.
16. Third-Party Sites
Links utilized on this Site to and from other third-party sites, maintained by third parties, do not constitute a THIRDHOME endorsement of any third parties, the third-party sites or that the content contained therein is accurate and reliable. We may also provide tools to allow interaction between the Site and a third-party site, such as a social media site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms and Conditions.
17. WARRANTIES, ARBITRATION & CHOICE OF LAW
All users acknowledge that the warranties and representations provided by them herein are material warranties and representations and constitute a material foundation upon which THIRDHOME operates the site. Accordingly, the failure by the user to honor or comply with such warranties and representations shall constitute a material breach of their obligations under the Exchange Program. In like manner, the remaining duties and obligations set forth herein, and agreed to by all users, constitute material provisions of the site. Accordingly, failure to honor any such provisions by a user shall likewise constitute a material breach of this Agreement and shall subject a user to forfeiture of their rights to use the site.
By using this Site, you, any third-party, and THIRDHOME agree that any claim against THIRDHOME, including those that pertain to the applicability or validity of this arbitration provision, shall be resolved exclusively by final and binding arbitration pursuant to the applicable rules and procedures of the American Arbitration Association (“AAA”) before a single arbitrator. All claims filed or brought contrary to this Section shall be considered improperly filed and void.
If you elect to submit a complaint for arbitration, you must first send, by certified mail, a written notice of dispute (the “Notice”) addressed to: THIRDHOME Legal Counsel, Ste 260, 5200 Maryland Way, Brentwood TN 37027. The Notice must (i) describe the nature of and a clear basis for the claim; and (ii) set forth the specific relief sought. If THIRDHOME and you, or THIRDHOME and any third-party, do not reach an agreement to resolve the claim within 60 days after the Notice is received, you, or the third-party, may initiate an arbitration proceeding.
The laws of the State of Tennessee shall govern any dispute arising from or relating to the provisions contained in these terms and conditions as well as your relationship with THIRDHOME. In the event that any legal tribunal rules that jurisdiction is proper in a law court, you further agree that exclusive jurisdiction for the cause of action shall lay in the state courts of Tennessee or the federal district courts in Nashville, Davidson County, Tennessee and that any legal action relating to this Agreement must be brought in those courts.
The costs associated with the defense of any claim brought against THIRDHOME, within which THIRDHOME prevails, shall be the responsibility of the party that initiated the dispute, including, but not limited to, attorneys’ fees and court costs.
18. USER MARKETING & PRIVACY POLICY
As a condition to accessing the site, you authorize THIRDHOME to use your contact information, including but not limited to, your mobile phone number, primary phone number, primary address, secondary address, email address, etc. to contact you for marketing and informational purposes. As a User, you may opt-out of THIRDHOME marketing messages and materials by contacting the User Experience Team.
Please review the THIRDHOME Privacy Policy which governs your use of the Site (the “Privacy Policy”). By using this Site, you affirm that the terms of the Privacy Policy are reasonable and satisfactory and that you agree to be bound by them. Further, User use of this site indicates your consent to the use of your personal information by THIRDHOME and/or its Affiliates in accordance with the terms of this Privacy Policy and that of our Affiliates. THIRDHOME will not be responsible for any damages resulting from a lapse in compliance with the Privacy Policy.