Terms & Condition
1. CONTRACTUAL RELATIONSHIP
These Terms and Conditions of Use (“Terms”) govern the access or use by you (“User” or “You”), an individual, acting upon the direction, consent, or endorsement of an employing principal (“Employer”) of applications, websites, content, products, and services (the “Services”) made available in the United States and its territories and possessions by StayCircles, LLC and its subsidiaries and affiliates (collectively, the “Company”), including, but not limited to, the web-based and mobile phone application, StayCircles (“StayCircles”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
By accessing the StayCircles application or its website found at staycircles.com, whether through a mobile device, mobile application, or computer you agree to be bound by these Terms, whether or not you create a StayCircles account. In these Terms, the words “including” and “include” mean “including, but not limited to.”
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Company. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Company may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
2. THE SERVICES
The Services constitute a technology platform that enables users of Company’s mobile application(s) or website(s) (each, an “Application”) to connect themselves and their Employer with other users (“Third Party Providers”) to list, coordinate, and book short term lodging accommodations for the purposes of business travel. YOU ACKNOWLEDGE THAT COMPANY DOES NOT PROVIDE HOTEL, HOSPITALITY, LODGING, OR GENERAL TRAVEL SERVICES NOR DOES COMPANY WARRANT OR ASSURE THE SAME AS PROVIDED BY THIRD PARTY PROVIDERS. THE COMPANY DOES NOT WARRANT, MANAGE, OVERSEE, OR OPERATE IN ANY SUPERVISORY CAPACITY OVER THIRD-PARTY PROVIDER(S) AND ANY SERVICES
WHICH MAY RESULT OR FOLLOW USER’S USE OF THE COMPANY’S SERVICES.
B. Retention of Intellectual Property Rights and Limited License for Personal Noncommercial Use
The Services and all associated original content, features, and functionality are owned by Company and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Any rights not expressly granted herein are reserved by Company and Company’s licensors.
Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
(i) access and use the Applications on your personal device solely in connection with your use of the Services; and
(ii) (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Company; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
D. Third Part Services and Content
The Services and all rights therein are and shall remain Company’s property or the property of Company’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Company’s company names, logos, product and service names, trademarks or services marks or those of Company’s licensors.
3. YOUR USE OF THE SERVICES
A. User Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). To obtain and maintain an Account, You must be at least 18 years of age or the minimum age allowed by applicable law (if the minimum allowable age is other than, and greater to, 18 years of age) for all jurisdictions you, your Employer, or your solicited Third Party Providers, will use the services (“Minimum Age Requirement”). By creating and maintaining an Account, User certifies that User is, at all times that User’s Account is active, compliant with the Minimum Age Requirement. By accessing and using the Services, You represent and warrant that you have the right, authority and capacity to enter into these Terms and abide by all terms and conditions of these Terms. Account registration requires You to submit to Company certain personal information, including, but not limited to, your name, address and other location information, information about your social relations, photographs of yourself and your property, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Company’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and You agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Company in writing, you may only possess one Account.
We may terminate your Account, access to the Services, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of this Agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
C. Account Security
You are responsible for maintaining the confidentiality of your username and password, and are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security and ensure that You log out from your account at the end of each session.
D. User Requirements and Conduct
The Service is not available for use by persons under the age of 18, or other minimum age of use as set forth by the laws of the local state, city, town, municipality where the Services are being requested and/or obtained. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18, and/or who do not satisfy Minimum Age Requirement, to receive or utilize services of Third-Party Providers. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., for lawful entertainment purposes only). You will not in your use of the Services cause nuisance, annoyance, inconvenience, physical damage, or property damage, whether to the Third Party Provider or any other party. You will not prior to, during, after, or in any way relative to your use of the Services, violate any laws, statutes, ordinances of the United States of America, or the State, City, Town, or Municipality of the Services are provided. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
E. User Provided Content
Company may, in Company’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Company through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Company, you grant Company a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Company’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Company the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Company’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Company in its sole discretion, whether or not such material may be protected by law. Company may, but shall not be obligated to, review, monitor, or remove User Content, at Company’s sole discretion and at any time and for any reason, without notice to you.
F. Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
G. Cookies and Outside Websites
4. REPRESENTATIONS, WARRANTIES, AND ASSUMPTION
YOU HEREBY COVENENT, REPRESENT, AND WARRANT THE FOLLOWING:
1. EMPLOYER IS YOUR ACTUAL EMPLOYER OR PRINCIPAL DIRECTING YOUR ACTIONS FOR PROFESSIONAL PURPOSES AND YOU ARE AN EMPLOYEE OR AGENT OF THE SAEM FOR PROFESSIONAL PURPOSES;
2. YOUR USE OF THE SERVICES IS UPON THE DIRECTION OF EMPLOYER AND WITH THEIR KNOWLEDGE AND CONSENT;
3. YOU WILL NOT FURNISH FALSE INFORMATION – OR ACT WITH NEGLIGENCE AS TO THE FALSITY OF INFORMATION FURNISHED TO COMPANY – ABOUT EMPLOYER, INCLUDING, WITHOUT LIMITATION, INDICIA OF EMPLOYER’S CONSENT THAT YOU USE THE SERVICES AT THEIR EXPENSES, FINANCIAL INFORMATION, OR PAYMENT
4. IN CASE OF BREACH OF THESE TERMS, INCLUDING THE CASE OF EMPLOYER’S NON-PAYMENT FOR FINANCIAL OBLIGATIONS INCURRED IN USE OF THE SERVICES, YOU ASSUME FULL LIABILITY FOR EMPLOYER, INCLUDING, WITHOUT LIMITAITON, RESPONSIBILITY FOR PAYMENT OF ALL CHARGES;
5. NO OUTSTANDING POLICE OR LEGAL REGULATION, SANCTION, OR OTHER RESTRICTION WOULD PREVENT YOU FROM PERFORMING YOUR OBLIGATIONS UNDER THESE TERMS OR SERVICES;
6. USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF A CONTRACTUAL OBLIGATION TO PERFORM ALL CONSENTED TO SERVICES ACCEPTED THEREIN.
A. Payment from You
You understand that use of the Services may result in charges or fees to You or your Employer for the services or goods you solicit or receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Services, Company will facilitate your, or your Employer’s, payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you or your Employer to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Company. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Company will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.
All Charges are due immediately and payment will be facilitated by Company using the preferred payment method designated in your Account or the account of your Employer, after which Company will send You and your Employer a receipt by email. If you or your Employer’s primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Company may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Company, Company reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Company’s sole discretion. Company will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges, your Employers obligation to pay, or the amounts thereof. Company may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Company does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Company (on Company’s website, in the Application, or in Company’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Company provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you or your Employer are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
B. Payment to You
You understand that, under certain circumstances, your use of the Services may result in the payment of a portion of the Charges to your Account. You hereby consent to Company’s payment of your proportion of the Charges through a credit charged to your account via any third party payment processing platform Company desires. Company makes no covenant, representation, or warranty as to the timeliness of such payments or the services of third party payment processing platform in distributing your Account fund to you.
6. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
B. Limitation of Liability
COMPANY, ITS AFFILIATES OR ITS PARTNERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, INCLUDING AGENTS AND MANAGEMENT OF THIRD-PARTY PROVIDERS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND COMPANY’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS MAY OFFER LEGAL ADULT ENTERTAINMENT SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.
COMPANY’S SERVICES MAY BE USED BY YOU TO REQUEST LEGAL ADULT ENTERTAINMENT SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT COMPANY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY LEGAL OR ILLEGAL ADULT ENTERTAINMENT SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold Company and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Company’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers and their agents or management.
7. DISPUTE RESOLUTION
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Company, to be administered by the American Arbitration Association (“AAA”). The foregoing notwithstanding, each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The party initiating arbitration is responsible for paying any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.