© Short Term Residences LLC
Last Updated May 2018
Short Term Residences LLC, together with its parents, affiliates, subsidiaries, partners and related entities, will be the premier platform providing comfort, location, and entertainment to business and destination travelers.
ELIGIBILITY AND USE OF THE PLATFORM
Access to and use of the Short Term Residences LLC website is available only to those who are at least 18 years old and by accessing or using the Short Term Residences LLC website you represent and warrant that you are over 18 years old, and capable of entering into a valid and binding legal contract under applicable law.
To access some of our features and services, you may need to validly register for an account, which we call becoming a “Member,” and provide certain identifying information. If required to become a Member, you will be eligible to have only one (1) Account at a time, and will not be allowed to transfer your account at any time to another person or entity.
To create a Member account, you may be asked to create a password-protected account (“Account”). You may register for an Account using your email and creating a password, or if enabled by us in our sole discretion, using certain existing third party social networking accounts such as Google, or Facebook, Twitter or others (“Third Party Networks”). You agree to provide accurate, current and complete information during the Account registration process and at all other times when you use the Short Term Residences LLC website, and to update information sufficient to continually keep it accurate, current and complete. You and you alone are responsible for safeguarding your Account password and other information, and if applicable to a Third Party Network, and you are solely responsible for all activity that occurs on or through your Account or Third Party Network created account. You agree to immediately inform Short Term Residences LLC of any suspected unauthorized use. Short Term Residences LLC is not liable or otherwise responsible for any loss or damage that any party claims is caused in whole or part by unauthorized use of Your Account.
You also acknowledge and agree that, as permitted by applicable laws, in its sole discretion, Short Term Residences LLC may, but is not obligated to, obtain reports from consumer reporting agencies and/or otherwise review publicly available information about Members, including sexual offender registration lists or databases compiling information about criminal convictions. By accessing or using the Short Term Residences LLC website, you authorize us to use your personal information (including name, address, date of birth or other identifying information) to obtain these reports and agree that we may, in our sole discretion suspend, cancel, block, restrict or terminate your access to the Short Term Residences LLC Platform or bookings made or contemplated, based upon our evaluation of such reports. You expressly agree that we may, in our discretion, share such reports with our partners, affiliates, providers, agents, owners and landlords.
Regardless of whether you access or use the Short Term Residences LLC website with or without a Member Account, by accessing, searching on or using the Short Term Residences LLC website in any way, you agree that will not:
Use another person’s Account, to misrepresent yourself, your identity or qualifications or transactions; Violate any local, state, federal or international law or regulation, or any order of a court as may relate to transactions, Creative Suites or other bookings facilitated by the Short Term Residences LLC website; Use any automated system including but not limited to robots, spiders, offline readers, crawlers, scrapers to access, copy, maintain or compile the Short Term Residences LLC website or content thereon for any purpose without our prior written approval; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the Short Term Residences LLC website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (Short Term Residences LLC reserves the right to revoke these exceptions either generally or in specific cases); In any manual or automated manner copy, appropriate, use or disclose any copyrighted text, or other intellectual property, rights of publicity, privacy or contract rights or otherwise misuse or misappropriate Short Term Residences LLC website information or content including but not limited to, use on a mirrored, competitive, or third-party site; Transmit more request messages or searches through the Short Term Residences LLC website in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; Take any action that (a) may unreasonably encumber the Short Term Residences LLC’s website’s infrastructure; (b) interferes or attempts to interfere with the proper working of the website or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Short Term Residences LLC website; (d) circumvents, disables or otherwise interferes with security features of the Short Term Residences LLC website; (e) distributes viruses or any other technologies that may harm Short Term Residences LLC or users; (f) uses the Short Term Residences LLC website in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates and fees, fee structure or billing claimed or owed as a result of interaction, relationships or transactions that may be facilitated on the Short Term Residences LLC website; “Stalk,” or harass or intimidate any other Member or user of the Short Term Residences LLC website; or collect, harvest or publish any personally identifiable data including but not limited to names or other account information, Creative Suites or other information on building owners, managers, residents or other persons, or use the communication systems provided by the Short Term Residences LLC website for any reason not explicitly authorized by these Terms; Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful content to or through the Short Term Residences LLC website; Violate any Short Term Residences LLC policies that govern or relate to your use of the Short Term Residences LLC website and interactions with You and third parties, including your agreement not to discriminate against any person relating to any transaction on, or through or created with the assistance of, the Short Term Residences LLC website on any protectable basis, including but not limited to race, gender, ethnicity, national origin, gender identity, sexual preference or orientation, religion or age; Fail to perform transactions agreed to on the Short Term Residences LLC website, unless caused by circumstances beyond your reasonable control such as acts of god (such as, fires, explosions, earthquakes, drought, tidal waves and floods), acts of war, rebellion or insurrection (whether declared or not and including terrorist acts), contamination by radioactivity, toxic explosive or other hazardous properties, or riot, commotion, strikes, go slows, lock outs or disorder); Engage in fraudulent conduct; Registering for more than one (1) Short Term Residences LLC Account or registering for a Short Term Residences LLC Account on behalf of an individual other than Yourself. Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Short Term Residences LLC website; and Attempt to indirectly undertake any of the foregoing.
You also agree not to misuse our website, including any attempt to circumvent or attempt to circumvent, listing, booking or payments-related sections.
All information and material on our Platform, other than user generated content, if any, is either owned by Short Term Residences LLC or is licensed by the respective owners. You are not allowed to use these materials except as we permit you to do so in writing. The trademarks and service marks Short Term Residences LLC and the associated logo and graphics are owned by Short Term Residences LLC protected by copyright, trademark and other laws of the United States, foreign countries and international conventions. Any other marks are the property of their respective owners. You agree that you recognize our rights and the rights of third parties in their respective marks and that you may not copy, use or other exploit them except as permitted in writing. We retain ownership of all of our intellectual property rights and you have no rights to our intellectual property or rights in intellectual property.
Subject to your continued compliance with these Terms, and in our sole discretion, Short Term Residences LLC grants you a limited, non-exclusive, revocable, royalty-fee, fully paid up, nontransferable, and non-sublicensable license to reproduce and display content from the Short Term Residences LLC website (excluding any software source code) only in connection with your access to and participation in the Short Term Residences LLC website for your personal and non-commercial use. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, sell, perform or display content, except as expressly permitted in the Terms. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Short Term Residences LLC or its licensors.
We hope you enjoy using the Short Term Residences LLC website and find it invaluable when it is available. There are certain things that we do not and cannot promise.
YOUR USE OF THESHORT TERM RESIDENCES LLC WEBSITE SHALL BE AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THATSHORT TERM RESIDENCES LLC DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON TO (A) MONITOR OR REVIEW OR EDIT USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER OR OTHER PERSON BOUND BY THESE TERMS.
THE SHORT TERM RESIDENCES LLC WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, SHORT TERM RESIDENCES LLC AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SHORT TERM RESIDENCES LLC AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSORS MAKE NO WARRANTY THAT (i) THESHORT TERM RESIDENCES LLC website WILL MEET YOUR REQUIREMENTS; (ii) THESHORT TERM RESIDENCES LLC WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THESHORT TERM RESIDENCES LLC WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FACILITATED THROUGH THESHORT TERM RESIDENCES LLC WEBSITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE, APPLICATIONS OR CODE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THESHORT TERM RESIDENCES LLC WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THESHORT TERM RESIDENCES LLC WEBSITE AND WITH THIRD PARTIES WITH WHOM YOU INTERACT WITH OR COMMUNICATE WITH AS A RESULT OF YOUR USE OR ACCESS OF THESHORT TERM RESIDENCES LLC WEBSITE. YOU UNDERSTAND THATSHORT TERM RESIDENCES LLC DOES NOT UNDERTAKE TO VERIFY THE ACCURACY OF OR STATEMENTS OF MEMBERS OR THIRD PARTY USERS OF THESHORT TERM RESIDENCES LLC WEBSITE OR TO VERIFY ANY ITEMS THAT MAY BE THE SUBJECT OF SALE, PURCHASE OR DELIVERY FACILITATED BY THESHORT TERM RESIDENCES LLC WEBSITE.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ACTING UPON THE ADVICE OR DIRECTION OFSHORT TERM RESIDENCES LLC OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSORS, NONE OF WHOM ADVISE OR DIRECT YOU OR YOUR COMMUNICATIONS OR YOUR TRANSACTIONS OR INTERACTIONS WITH THIRD PARTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROMSHORT TERM RESIDENCES LLC OR THROUGH OR FROM THESHORT TERM RESIDENCES LLC WEBSITE, SOFTWARE OR CODE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY WHERE PERMITTED, AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THESHORT TERM RESIDENCES LLC WEBSITE, TO THE OFFERING, SALE, PURCHASE OR DELIVERY OF ANY ITEM, GOOD, PRODUCT, SERVICE OR TANGIBLE OR INTANGIBLE THING FACILITATED VIA THESHORT TERM RESIDENCES LLC WEBSITE REMAINS WITH YOU AND NEITHERSHORT TERM RESIDENCES LLC NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, PARTNERS, AGENTS, AND LICENSORS WILL BE RESPONSIBLE FOR LOST PROFITS, REVENUES OR DATA OR FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBILITY OR EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION, CLAIM FOR RELIEF OR ALLEGED THEORY OF RECOVERY WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
TO THE MAXIMUM EXTENT OF THE LAW, THE TOTAL LIABILITY OFSHORT TERM RESIDENCES LLC, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, PARTNERS AND AUTHORIZED AGENTS FOR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP BETWEEN US, INCLUDING ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR THE ACCESS OR USE OF THESHORT TERM RESIDENCES LLC WEBSITE IN THE SIX MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM OR IF NO SUM WAS CHARGED, THEN THE SUM OF FIFTY DOLLARS ($50).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS CONTAINED IN THE WARRANTIES OR LIMITATIONS OF LIABILITY PARAGRAPHS IMMEDIATELY ABOVE MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Short Term Residences LLC and its parents, subsidiaries, affiliates, and their respective officers, directors, investors, employees and agents, harmless from and against any claims, liabilities, damages, losses, injuries, and expenses, including without limitation reasonable legal and professional fees, arising out of or in any way connected with (a) Your access to or use of the Short Term Residences LLC website or your violation of these Terms; (b) Your User Content; (c) Your interaction with any other Third Party (including but not limited to any injuries, losses, damages (direct, indirect, consequential or otherwise) of any kind arising out of or relating to such transactions.
THIRD PARTY SITES
The Short Term Residences LLC website may contain links or connections to third party websites or services that we do not control. You accept the risk of accessing such sites and agree that we are not responsible for any associated risks. We are not responsible for and assume no risk associated with any third party sites or content.
Entire Agreement. These Terms constitute the entire agreement between you and Short Term Residences LLC and governs your use of the Short Term Residences LLC website, superseding any prior version of these Terms between you and Short Term Residences LLC with respect to the Short Term Residences LLC website. Additional Terms. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Short Term Residences LLC rendered services. Choice of Law and Forum. You and Short Term Residences LLC each agree that the Terms and the relationship between you and Short Term Residences LLC shall be exclusively governed by the substantive laws of the State of Texas without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms, or the relationship between you and Short Term Residences LLC, shall be brought exclusively in the courts located in Tarrant County Texas or the United States District Court for the Northern District of Texas. You and Short Term Residences LLC agree to submit to the personal jurisdiction of the courts located within Tarrant County or the Northern District of Texas, Fort Worth Division, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts, to venue in such courts and waive all claims of inconvenient forum. Waiver and Severability of Terms. The failure of Short Term Residences LLC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Severability. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your Short Term Residences LLC Account is non-transferable and any rights to your Short Term Residences LLC Account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Short Term Residences LLC website or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Section Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect. Short Term Residences LLC Assignment. Short Term Residences LLC may freely assign the Terms and all of the policies and other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them), in whole or in part and without notice.
CONTACTING Short Term Residences LLC
If you have any questions, comments, or concerns regarding these terms or the Short Term Residences LLC website, please contact us at email@example.com, 8901 Tehama Ridge Pkwy, Suite 127-156 Fort Worth, TX 76177