Terms and Conditions
Last updated: September 17, 2017
By using or accessing HomeyHawaii.com (the "Site"), you acknowledge and agree that you are subject to the following Terms and Conditions, as well as our Privacy Policy, which also governs your use of the Site, and is incorporated by reference (These Terms and Conditions with the Privacy Policy shall be referred to as the "Terms"). Please read these Terms carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than court. The Terms shall be subject to change at any time and for any reason at the Site's sole discretion. Therefore, it is in your best interest to revisit the Terms from time-to-time to make sure you are abiding by the most recently updated version of the Terms.
A user's reservation or use of the Site is bound by the Terms and Conditions published on the Site. If you do not fully agree to these Terms and any other terms and conditions posted or linked to any Site, you are not authorized to access or otherwise use the Site. Under these Terms, "use" or "access" of the Site specifically includes any direct or indirect access or use of the Site or any cached version of the Site and any direct or indirect access or use of any information or content on the Site, regardless of how obtained and the term "Site" includes, without limitation, any cached version thereof.
The Terms constitute a legally binding agreement between you and the Site. You are not authorized to use this Site unless you are at least 18 years of age and able to enter into legally binding contracts. We do not knowingly collect the information of anyone under the age of 18. If you arrived on the Site after having been re-directed or otherwise clicking on another website, you agree that these Terms shall govern your use of this Site.
Definitions
HomeyHawaii.com (the "Site", "our", "us", "we") is a listing service that enables some registered users to list rental properties and other users to browse, search, view, and send inquiries about these rental properties to their owners or managers. Users that list properties are referred to as "Owners" and users that seek to rent properties are referred to as "Travelers". Owners must have a registered account, but Travelers may not be required to have a registered account.
Any property page shown as available for rent will be referred to as a "Listing". The property available for rent in the Listing will be referred to as the "Property".
1. Our Services
We provide various services to the users of our site. With these services come various terms and conditions that users agree to operate under by using the Site. The terms and conditions for these Services shall be detailed throughout this document, but some specifics as to the particular services are as follows:
We provide our users with a listing service, whereby property owners may list their properties as available for rent by other users of the Site. Owners, wishing to list properties, agree to subscribe to this service for a year term and may renew their subscription annually. Owners will pay an annual subscription fee with their initial setup or renewal and the fee shall only be refundable during the initial ninety (90) day period following initial setup, after which any fees will be non-refundable.
We provide users with an online booking management system. This system is available to registered property owners that have at least one active listing on the Site free of charge. Included in this online booking management system is a calculator to help determine Hawaii GE and TA taxes (the "Tax Organizer"). By making use of this tax organizer, you agree to the following: the calculations are provided for your convenience only and are based off your data. You are responsible for keeping the numbers accurate, checking for errors, and submitting your own taxes. HomeyHawaii.com disclaims liability and assumes no responsibility for any loss or damage suffered by any person as a result of the use of this tax organizer.
We provide users with option to subscribe to our Special Deals, a feature that will email subscribed members every time a new deal is posted on the Site. We will not share the list of subscribers with any person or entity outside of the Site.
We may choose to begin charging fees, discontinue charging fees and/or change the amount of fees to be charged for any services offered by the Site at any time and for any reason at the sole discretion of the Site.
2. Any Agreements and Transactions are Between Members and We are Not a Party
We encourage users to be considerate of other users when using the Site, but all users should understand that there is some level of risk associated with entering into contracts and transactions with strangers via the Internet. Understand that any transaction entered into after using the Site is done so while assuming a certain level of risk. As we do not own or manage any of the vacation rental property listed on the Site, we will not be a party to any contracts entered in to by users of the Site. The Site provides a listing service to allow Owners who advertise on the Site (each, a "member") to offer for rent their rental property to Travelers. We also may offer other tools or services to allow users to enjoy a better experience on the Site.
We will not be a party to any contracts or transactions between users. As a result, any part of an actual or potential transaction between a Traveler and an Owner are solely between each other and any responsibility agreed to under any contract will fall solely on the users. You should be aware that you may enter into one or more separate agreements, waivers or terms and conditions before booking a property or using a service on the Site.
Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site and their use of any tool or service offered on the Site.
Owners, who accept credit cards, banking or other payment information from Travelers, agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.
While we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. Users access and perform all actions associated with the Site at their own risk.
3. 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 solely for the purpose of advertising a property, searching for a property, use of any of the products or services offered on the Site, all in accordance with the Terms. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.
4. Content Ownership and Use of Content from the Site
The Site and all content, images and information on the Site are property of the Site. Users of the Site shall be permitted to use content and images found on the Site outside of the Site, but only if attribution of the Site is provided during use of the content or images. Any other use of the Site or any content on the Site other than as described in this Section is expressly prohibited without prior written permission from us.
5. User Data and Our Privacy Policy
When you provide your e-mail address, name or other information to us in connection with your use or access to the Site, any service or tool provided on the Site or otherwise, you agree to allow the Site and its affiliated websites to add your e-mail address, name or other information provided to our database of users. Please review our Privacy Policy for more information regarding our email and other data collection practices and safeguards. Your use of the Site signifies your acknowledgment of, and agreement with, our Privacy Policy. We adhere to strong principles of privacy. You agree that we may access and use your user-contributed content in accordance with these Terms or our Privacy Policy and we agree that we will only disclose your user-contributed content in accordance with these Terms and our Privacy Policy.
6. Identity Verification
In order to provide some level of confidence for guests when booking with the Site, we may offer ownership verification of property to owners. By participating in this verification process, owners may be granted a "verified" stamp on their listings and be granted higher search rankings. In no event does the Site assume any form of liability or responsibility associated with the "verified" stamp and users agree that the "verified" stamp does not negate any form of risk associated with renting a property through the Site.
User verification on the Internet is difficult and we cannot, and do not assume any responsibility for the confirmation of each user's purported identity.
It is in your best interests to keep your account credentials for the Site confidential. However, if you do choose to allow someone else to use your account, or if someone else accesses your account without your knowledge due to weak account safeguards by the user, you will be held responsible for any and all transactions that the person performs while using your account with the Site, even those transactions that are fraudulent or that you did not intend or want performed.
At our sole discretion, we may suspend or cancel any listing at any time without notice if we suspect fraudulent behavior on an account.
7. Responsibility for Property Listings, Reviews and Other User-contributed content
We have no duty to pre-screen content posted on the Site by Owners or Travelers.
We reserve the right to decline to permit the posting on the Site or to remove from the Site any user-contributed content at our sole discretion. We reserve the right, but do not assume the obligation, to edit a member's content or user-contributed content in a non-substantive manner. Any content submitted by users, including but limited to pictures of properties listed by Users, will be deemed as Property of the Site. The Site will have the authority to host, claim and reuse all posted content as it desires.
8. Translations and Maps
If any user-contributed content created by members or users is translated for display on the Site, we cannot guarantee the accuracy or quality of such translation and the user is solely responsible for the review, verification and accuracy of such translation. Any maps provided on the Site are powered by third-party providers and are subject to the terms and conditions of those respective providers.
9. Notification of Infringement; DMCA Policy
We respect the intellectual property rights of others, and the Site does not permit, condone or tolerate the posting of any content on the Site that infringes any person's copyright. The Site will terminate, in appropriate circumstances, a member or a traveler who is the source of repeat infringement of copyright.
10. Responsibility for Property and Traveler Liability
We do not provide liability insurance protection for Owners or Travelers, regardless of whether a user obtains insurance coverage through a third-party provider. Users are solely responsible for obtaining insurance coverage sufficient to protect their properties and guests or their trip, as applicable. Members agree that they have or will obtain the appropriate insurance coverage sufficient to cover the rental of the properties they list on the Site before the arrival of their first traveler and will maintain adequate insurance coverage through the departure date of any traveler they have obtained via our Site.
11. Member Eligibility
Our services may only be used by members who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. Each member represents and covenants that all information submitted to us and to the Site during such member's registration with the Site shall be true and correct.
12. Additional Member Representations
Each Owner represents and covenants the following: (i) that it owns and/or has all necessary rights and authority to offer for rent and to rent the property listed by such Owner; and (ii) it will accurately describe the Property, will not fail to disclose a material defect in, or material information about, the Property and will upon request, or otherwise from time to time, review the property listing content and location or geographic description to ensure it is accurate and not misleading.
Upon our request, each Owner agrees to promptly provide to us such proof of personal identification, proof that the condition, location, or amenities associated with the Property are accurately described in the Listing.
13. Site Design and Layout
All Listings submitted by Owners are subject to review and approval by us in our sole discretion. We reserve the right to determine in our sole discretion the final design, layout and functionality of the Site and any listings present on the Site, which is subject to change from time to time without notice. We do not accept or bear any liability for any loss or damage of any sort resulting from the design or positioning of the copy, properties, content and/or photographs submitted by any member.
14. Hypertext Links
We reserve the right to refuse hypertext links to, or addresses of, other web sites from Owner Listings, and to remove links or web addresses without notice at our sole discretion.
15. Termination of Listings; Other Remedies
If, in our sole discretion, any Owner submits unsuitable material to our Site, is not abiding by local rental regulations and is creating a nuisance in its community, misuses the Site or is in material breach of these Terms, we reserve the right to limit the member's use of the Site, remove the Owner's listing(s) from search results, and/or terminate such Owner's listing(s) immediately without refund.
In addition to reserving the right to terminate any listing, the Site reserves all rights to respond to any violation of the Terms or misuse of the Site by, including but not limited to, removing a Listing from the search results, marking an Owner as "out of office" and removing or changing information that may be false or misleading.
16. Indemnification
You agree to defend and indemnify the Site and any of their owners, officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of your breach of these Terms or the documents referenced herein, your violation of any law or the rights of a third party, or your use of this Site.
17. Dispute Resolution Through Arbitration
Users hereby agree that any and all legal claims will be resolved by binding arbitration, to be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Arbitration Consumer Rules (together, the "AAA Rules"), rather than in court. This includes any past, present or future claims, regardless of whether prior versions of the Terms required arbitration.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. By agreeing to arbitration under the AAA Rules, the parties agree, among other things, that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, each party waives any right to a jury trial.