Curious about how H.C.H (Dba pleasant stay & hostingzak) uses data?
For the purpose of this Policy, “Personal Information” means any information relating to an identified or identifiable individual.
1. What Personal Information Do We Collect About You?
Where applicable, we indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so. If you do not provide Personal Information when requested, you may not be able to benefit from our Services if that information is necessary to provide you with them or if we are legally required to collect it. We may collect Personal Information about you directly from you and from third parties, as well as automatically through your use of our Services.
INFORMATION WE COLLECT DIRECTLY FROM YOU.
- Registration and check-in. When you register with us through the Services or become a H.C.H member through the Services (“Member”) to book an accommodation at a H.C.H unit (“Accommodation”), we will ask you for certain Personal Information including your name, phone number, email address, home postal address, address of submitted property, password, date of birth,SSN and booking information. We will also ask for your email address and password when you register as a H.C.H service partner via our Apps. You may be asked to provide a picture and ID for identity verification purposes at registration or check-in. Your payment related information, such as credit card number or billing information, is collected by our third-party payment processor on our behalf.
- Administration and personalization of your H.C.H Account profile. We may collect any Personal Information you provide to us as part of the administration and personalization of your H.C.H account (“H.C.H Account”) profile (e.g., gender, zip code and individual preferences or demographic information). You may voluntarily provide us with information about yourself so that we can personalize your stays with us (e.g., the temperature you prefer, whether or not you have children, whether or not you need a crib, etc.).
- Communications. If you contact us directly (e.g., via email, SMS, phone call, in-app messaging), we will collect your name, contact details, the content, date and time of your message and any attachments thereto, and other information you may directly provide to us. You may choose to submit your email address and phone number on our Site to receive our updates. You may also provide us with your reviews of our Services or complete surveys regarding our Services.
- Recruitment. If you apply for a job via the “Careers” page on the Site/Sites, we will collect your name, contact details, email, phone number and information in your resume or curriculum vitae. We will also ask you to provide a link to your full LinkedIn profile. You may voluntarily share with us also your Twitter,facebook, GitHub or portfolio URLs or links to other websites, your current workplace, and any other information you want to share with us.
INFORMATION WE COLLECT FROM YOUR INTERACTIONS WITH US.
- Customer service. If you reach out to us with inquiries or requests, we will keep a record of how your inquiry or request was handled.
INFORMATION WE COLLECT AUTOMATICALLY.
- Online usage data. We may automatically collect the following information about your use of our Services through cookies, web beacons, and similar technologies: your domain name; your browser type; operating system type, name, and version; page views; links you click; your IP address; location information; the length of time you visit or use our Services; referring URL; access date and time; mobile device ID; language information; device name and model; and other information about your activities within the Services and communications that we send you. Please see the section “Cookies and Other Tracking Mechanisms” below for more information. Where required under applicable law, we will only perform such data collection with your consent.
- Property usage data. We automatically collect your H.C.H stay history (e.g., to identify a return guest). We may also automatically collect information regarding the use of an Accommodation (e.g., when a door was unlocked). Where required under applicable law, we will only collect property usage data with your consent.
INFORMATION WE COLLECT FROM THIRD PARTIES.
party accounts. We may obtain
Personal Information about you from third party social networking
services (“SNS”), such as Facebook, Google and LinkedIn, to link
your H.C.H Account with third party accounts (“Third Party
Account”) by either: (i) providing your Third Party Account login
information to H.C.H through the Service; or (ii) allowing H.C.H to
access your Third Party Account, as is permitted under the
applicable terms and conditions that govern your use of each Third
Party Account. We may receive from such third parties the following
types of Personal Information:
- Facebook: ID, cover photo, email, first name, last name, age range, link, gender, location, picture, timezone, date of last update, user verification.
- Google: Google ID, name, profile URL, email address.
- LinkedIn: basic profile, email address.
We may also receive any other information you authorize H.C.H to access by authorizing the SNS to provide such information.
- Third party travel services. We may receive your booking information via our partners (e.g., Booking.com, Expedia, Airbnb,travelmob etc.), such as your name, email address, phone number, information available in your user account with a third party travel service and your H.C.H stay information (e.g., information on the H.C.H unit you are staying in).
- Background checks. If you are booking an Accommodation with us, we may engage with a vendor to verify your criminal history. We may receive your name, date of birth, address and whether or not you passed the check. Our vendor will use county, state and federal criminal databases to run the checks.
- Vendor and partner relationships. We receive Personal Information of employees and other individuals who are contact persons at our partners and vendors, such as contact details and other information relevant to the particular business relationship.
2. How We Use Your Personal Information
We use your Personal Information for the following purposes:
- To operate, provide, and maintain our Services, to communicate with you about our Services, to respond to your inquiries, to fulfill our contract with you, to complete your transactions, and for other customer service purposes.
- If you are based in the United States, we may run a criminal background check on behalf of landlords or property managers who require it for Accommodations in the United States, to the extent permitted under applicable law.
- To link your H.C.H Account with Third Party Accounts to add information from Third Party Accounts to your H.C.H Account and H.C.H Account profile page. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your H.C.H Account on the Site and Service.:
- To tailor the content and information that we may send or display to you, and to otherwise personalize your experiences while using our Services, including personalizing your H.C.H Account profile and identifying you as a return guest to provide products or services to you according to your preferences or restrictions (e.g., by turning on the air conditioner or filling the refrigerator according to your preferences). We may also tailor our Services and communications on the basis of your Site browsing history. Where required under applicable law, we will only use your Personal Information for such purposes with your consent.
- To contact you with newsletters, marketing or promotional materials and other information that may be of interest to you relating to H.C.H or its partners, via email, SMS and phone calls. Where required under applicable law, we will only send you marketing communications with your consent. We also may use the information that we learn about you to assist us in advertising our Services on third party websites.
- For quality assurance purposes.
- To solicit a review from you.
- To better understand how users access and use our Services, both on an aggregated and individualized basis, in order to improve the quality and value of our Services, provide you with a better experience, and develop new Services, and for other research and analytical purposes.
3. When We Use Personal Information About You
If you are located in the European Economic Area (“EEA”), we only process your Personal Information based on a valid legal ground, including when:
- Consent. You have consented to the use of your Personal Information, for example for marketing purposes or to track your online activities via cookies and similar technologies.
- Contract. We need your Personal Information to provide you with our Services, for example for account registration and management or to respond to your inquiries.
- Legal obligation. We have a legal obligation to use your Personal Information, for example to comply with tax and accounting obligations, or anti-terrorism laws.
- Legitimate interest. We or a third party have a legitimate interest in using your Personal Information. In particular, we have a legitimate interest in using your Personal Information for product development and internal analytics purposes, and otherwise to improve the safety, security, and performance of our Services. We only rely on our or a third party’s legitimate interests to process your Personal Information when these interests are not overridden by your rights and interests.
4. How We Share Your Personal Information
We may employ third party companies and individuals to support our Services. We do not sell or otherwise disclose your Personal Information for purpose unrelated to our Services, unless otherwise described in this Policy. We may share your Personal Information under the following circumstances:
- Affiliates. We may disclose the information we collect about you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your Personal Information will be subject to this Policy.
- Service providers. We may disclose Personal Information we collect about you to third party vendors, service providers, contractors or agents who perform functions on our behalf, including to facilitate our Services, to provide the Services on our behalf, to perform Site-related services (e.g., maintenance services, database management, web analytics, fraud detection services relating to the activity of H.C.H Users and improvement of the Site’s features), to perform background checks, to send marketing communications, to manage job applications that we receive via the career page on our Site, to aggregate reviews, or to assist us in analyzing how our Site and Services are used. We require these service providers to safeguard the privacy of Personal Information they process on our behalf.
- Third party travel services. When you book an Accommodation via a third party travel service, we may share your Personal Information with such service in order to manage your booking.
- Landlords and property managers. We may share reports with landlords and property managers regarding the use of their properties, such as cleaning reports. Additionally, we may share guest names and dates of stay at their properties for security purposes (e.g., to keep out individuals who are not guests). For long term rentals, we may share guests’ name, email address, phone number, ID, birthday and address with landlords. If permitted by applicable law, we may also share pass/fail results of background checks that we carry out on their guests based in the United States.
- Advertising and analytics partners. We may share Personal Information about you with third party advertising partners to serve advertisements regarding goods and services that may be of interest to you. We may also share information about the use of our Site and Services with third parties for analytics purposes. Some of our advertising partners are members of the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”). If you do not wish to receive personalized ads, please use the NAI’s Opt-Out Tool or the DAA’s Opt Out Tool to opt out of receiving web-based personalized ads from member companies. You can access any settings offered by your mobile operating system to limit ad tracking, or you can install the AppChoices mobile app to learn more about how you may opt out of personalized ads in mobile apps.
- Business transfers. H.C.H may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
- Compliance with laws and law enforcement; guarantee program. H.C.H cooperates with government and law enforcement officials (e.g., immigration offices, customs authorities, anti-terrorism authorities) and private parties to enforce and comply with the law. We will disclose your Personal Information to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of H.C.H or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity. We will disclose any information about you to government or law enforcement officials and to our insurance services providers as we, in our sole discretion, believe necessary or appropriate to protect the property and rights of H.C.H or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
- Testimonials. With your consent we may post your testimonial on the Site along with your name. If you would like your testimonial removed please contact us.
5. Cookies and Other Tracking Mechanisms
- Cookies. We
use “cookies” to collect information. A cookie is a small data
file that we transfer to your computer’s hard disk for
utilize persistent cookies to save your login information for future
logins to the Services. Second, we utilize session ID cookies to
enable certain features of the Services, to better understand how
you interact with the Services and to monitor aggregate usage by
H.C.H Users and web traffic routing on the Services. Unlike
persistent cookies, session cookies are deleted from your computer
when you log off from the Site and Service and then close your
browser. We use the following cookies:
- Google. We use Google Analytics cookies and Google Tag Manager to analyze our Services. You can learn about Google’s practices by going to https://policies.google.com/privacy/google-partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on available at https://tools.google.com/dlpage/gaoptout. We also use Google cookies to serve ads based on a H.C.H User’s prior visits to H.C.H. You can learn more about these cookies here and disable these cookies via Google’s Ads Settings or Ad Settings for mobile apps.
- FullStory cookies. We use FullStory session cookies to analyze our Services and support your use of the Services. You can learn more about FullStory cookies at https://www.fullstory.com/legal/privacy/ and opt out of them at https://www.fullstory.com/optout/. Opting out will create a cookie that tells FullStory to turn off recording on any site which uses the FullStory services. The presence of this cookie is required to continue opting out. If you clear your browser cookies, you will have to opt-out again.
- Segment.io cookies. We use Segment.io cookies to analyze our Services, support your use of the Services and track your activity on our Website and Apps. More on Segment.io can be found at https://segment.com/docs/legal/privacy/.
You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Service.
- Web beacons. Our Site may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.
- Log data. When you visit the Site, whether as a Member or a non-registered user just browsing (any of these, a “H.C.H User”), our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and the Service and for the Site’s technical administration, to increase our Site functionality and user-friendliness, and to better tailor our Site to our visitors’ needs.
6. Children’s Privacy
The Site is not directed to individuals under 16. We do not knowingly collect Personal Information from children under 16. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us. If we become aware that a child under 16 has provided us with Personal Information, we will delete such information from our files.
7. Links to Other Websites
8. Data Security
H.C.H is very concerned with safeguarding your Personal Information. When you enter particularly sensitive information (such as a credit card number) on our registration or reservation forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site and Services, you can contact us. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Identity theft and the practice currently known as “phishing” are of great concern to H.C.H. Safeguarding Personal Information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your H.C.H Account ID, login password, or national identification numbers in a non-secure or unsolicited email or telephone communication.
10. Data Retention
We take measures to delete your Personal Information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this information for a longer period. When determining the retention period, we take into account various criteria, such as the type of Services requested by or provided to you, the nature and length of our relationship with you, possible re-enrolment with our Services, the impact on the Services we provide to you if we delete some information from or about you, mandatory retention periods provided by law and the statute of limitations.
11. Your Rights and Choices
- Marketing opt out. If you decide at any time that you no longer wish to receive marketing communications from us, please follow the unsubscribe instructions provided in any of the communications.
- Changing or deleting information. All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us at firstname.lastname@example.org
- or editing the relevant part of their profile. If you would like us to cancel your H.C.H Account, please contact us and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your H.C.H Account. Please note that, if you cancel your H.C.H Account, any reviews you have posted via the Site will remain publicly viewable via the Site. Please see below for privacy contact information.
- Opt out from cookies. Most Internet browsers automatically accept cookies, but you may be able to change the settings of your browser to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you set your browser to reject cookies, parts of our website may not work for you.
- European privacy rights. If you are located in the EEA or Switzerland, you are entitled to reach out to us via the contact details in this Policy and ask us for an overview of your Personal Information or ask for a copy. In addition, you may request us to update and correct inaccuracies, delete your Personal Information, restrict processing of your Personal Information, or exercise your right to data portability and to easily transfer your Personal Information to another company. In some cases, you may object to the processing of your Personal Information and where we have asked you for your consent to process your Personal Information, you can withdraw it at any time. We always enjoy hearing from you and appreciate your business. Should you nonetheless have unresolved concerns, you have the right to lodge a complaint with the supervisory authority of your residence, place of work or where the incident took place.
12. Cross-Border Data Transfers
13. Changes to this Policy
Because we’re always developing and improving standards of services we provide to you, this Policy may change over time. We will post the new Policy online and we will change the “Last Updated” date. We encourage you to periodically review this page for the latest information on our privacy practices. If any modifications materially change your rights, we will provide notice on the Site or we will notify you by email (sent to the email address specified in your H.C.H Account).
14. How to Contact Us
H.C.H USA Inc. is the entity responsible for the processing of your Personal Information. For privacy queries, please contact us at email@example.com
are located at 6363 Richmond Ave. #515
77057 Houston TX
Our number 713-459-6356
Contact us if you need more information or if you have any questions
Terms of Service
TERMS OF SERVICE OVERVIEW
, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or proceeding with booking any of H.C.H apartments in any of the available options online and offline. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH H.C.H (DEFINED BELOW) MAY APPLY AVAILABLE APARTMENTS (DEFINED BELOW) FOR SUBLETTING SERVICES AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK ACCOMMODATIONS.
“H.C.H Content” means all Content that H.C.H makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content. “Collective Content” means Member Content and H.C.H Content. “Content” means text, graphics, images, music, software, audio, video, information or other materials. “Guest” means a Member who requests a booking of an Accommodation via the Site or Services, or a Member who stays at an Accommodation. “Listing” means an Accommodation that is listed for rental via the Site and Services. “Member” means a person who completes H.C.H’s account registration process or submits their apartment to the subletting program, including, but not limited to Leaseholders and Guests. “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services. Certain areas of the Site (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or Collective Content. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE Site. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
H.C.H reserves the right, at its sole discretion, to modify the Site, or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, or Services you represent and warrant that you are 18 or older.
HOW THE SITE AND SERVICES WORK
The Site and Services can be used to facilitate the application and booking of residential and other properties (“Accommodations”). Such Accommodations are included in Listings on the Site and Services by H.C.H. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to book an Accommodation you must first register to create an H.C.H Account (defined below). As stated above, H.C.H makes available a platform with related technology for Guests for bookings of Accommodations.
In order to access certain features of the Site, and to book an Accommodation, you must register to create an account (“H.C.H Account”) and become a Member. You may register to join the Services directly via the Site or as described in this section. You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site, as described below. As part of the functionality of the Site and Services, you may link your H.C.H Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to H through the Site, Services or ; or (ii) allowing H.C.H to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to H.C.H and/or grant H.C.H access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating H.C.H to pay any fees or making H.C.H subject to any usage limitations imposed by such third party service providers. By granting H.C.H access to any Third Party Accounts, you understand that H.C.H will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and via your H.C.H Account and H.C.H Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your H.C.H Account on the Site, Services and . Please note that if a Third Party Account or associated service becomes unavailable or H.C.H’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and . PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. H.C.H makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and H.C.H is not responsible for any SNS Content. We will create your H.C.H Account and your H.C.H Account profile page for your use of the Site based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active H.C.H Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. H.C.H reserves the right to suspend or terminate your H.C.H Account and your access to the Site and Services if you create more than one (1) H.C.H Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your H.C.H Account, whether or not you have authorized such activities or actions. You will immediately notify H.C.H of any unauthorized use of your H.C.H Account.
You can submit properties to our subletting program. To this end, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, availability of the Accommodation and pricing and related rules and financial terms.
BOOKINGS AND FINANCIAL TERMS FOR GUESTS
DAMAGE TO ACCOMMODATIONS
As a Guest, you are responsible for leaving the
Accommodation in the condition it was in when you arrived. You
acknowledge and agree that, as a Guest, you are responsible for your
own acts and omissions and are also responsible for the acts and
omissions of any individuals who you invite to, or otherwise provide
access to, the Accommodation. In the event that H.C.H claims other
wise and provides evidence of damage, including but not limited to,
photographs, you agree to pay the cost of replacing the damaged items
with equivalent items. After being notified of the claim and given
forty eight (48) hours to respond, the payment will be charged to and
taken from the credit card on file in your H.C.H Account. H.C.H also
reserves the right to charge the credit card on file in your H.C.H
Account, or otherwise collect payment from you and pursue any avenues
available to H.C.H in this regard, including using Security Deposits,
in situations in which you have been determined, in H.C.H’s sole
discretion, to have damaged any Accommodation, including, but not
limited to, in relation to any payment requests made by H.C.H, and in
relation to any payments made by H.C.H. If we are unable to charge
the credit card on file or otherwise collect payment from you, you
agree to remit payment for any damage to the Accommodation to H.C.H
(if applicable). Guests agree to cooperate with and assist H.C.H in
good faith, and to provide H.C.H with such information and take such
actions as may be reasonably requested by H.C.H, in connection with
any complaints or claims made by Members relating to Accommodations
or any personal or other property located at an Accommodation or with
respect to any investigation undertaken by H.C.H or a representative
of H.C.H regarding use or abuse of the Site, or the Services. If you
are a Guest, upon H.C.H’s reasonable request, and to the extent you
are reasonably able to do so, you agree to participate in mediation
or similar resolution process with a H.C.H, at no cost to you, which
process will be conducted by H.C.H or a third party selected by
H.C.H, with respect to losses for which H.C.H is requesting payment.
If you are a Guest, you understand and agree that H.C.H reserves the
right, in its sole discretion, to make a claim under your
homeowner’s, renter’s or other insurance policy related to any
damage or loss that you may have caused or been responsible for to an
Accommodation or any personal or other property located at an
Accommodation. You agree to cooperate with and assist H.C.H in good
faith, and to provide H.C.H with such information as may be
reasonably requested by H.C.H in order to make a claim under your
homeowner’s, renter’s or other insurance policy, including, but
not limited to, executing documents and taking such further acts as
H.C.H may reasonably request to assist H.C.H in accomplishing the
Damaged or Lost Keys/Door Openers – Guest(s) shall be responsible for the costs of replacing lost keys, door openers or for any damage caused by abuse or neglect. There will be a minimum charge of $75 for lost keys and minimum $100 for each of the following lost items; remote fob’s, security/parking passes, and garage door remote controls. A lock out charge of minimum $100 will be billed to the Guest(s) account for any required re-access to their Suite.
You understand and agree that you are solely responsible for compliance with any and all laws, rules and regulations, that may apply to your use of the Site, Services and Content. In connection with your use of our Site and Services, you may not and you agree that you will not: * use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, , Services or Content; * use the Site, or Services for any commercial or other purposes that are not expressly permitted by these Terms; * copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms; * infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; * interfere with or damage our Site, or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; * use our Site, or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; * use our Site, or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence; * “stalk” or harass any other user of our Site, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an H.C.H Guest; * register for more than one H.C.H Account or register for an H.C.H. Account on behalf of an individual other than yourself; * impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; * use automated scripts to collect information or otherwise interact with the Site, or Services; * or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; * systematically retrieve data or other content from our Site, or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; * use, display, mirror or frame the Site, or any individual element within the Site, Services, or H.C.H’s name, any H.C.H trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without H.C.H’s express written consent; * access, tamper with, or use non-public areas of the Site, H.C.H ’s computer systems, or the technical delivery systems of H.C.H’s providers; * attempt to probe, scan, or test the vulnerability of any H.C.H system or network or breach any security or authentication measures; * avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by H.C.H or any of H.C.H’s providers or any other third party (including another user) to protect the Site, Services, or Collective Content; * forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, or Collective Content to send altered, deceptive or false source-identifying information; * attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, or Collective Content; or * advocate, encourage, or assist any third party in doing any of the foregoing. H.C.H will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. H.C.H may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that H.C.H has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. H.C.H reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that H.C.H, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, or Services.
Site, Services, and Collective Content are protected by copyright,
trademark, and other laws of U.S.A. You acknowledge and agree that
the Site, Services and Collective Content, including all associated
intellectual property rights is the exclusive property of H.C.H and
its licensors. You will not remove, alter or obscure any copyright,
trademark, service mark or other proprietary rights notices
incorporated in or accompanying the Site, Services, or Collective
H.C.H CONTENT AND MEMBER CONTENT LICENSE
Subject to your compliance with the terms and conditions of these Terms, H.C.H grants you a limited, non-exclusive, non-transferable license, to (i) access and view any H.C.H Content solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by H.C.H or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to H.C.H a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site and Services. H.C.H does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to H.C.H the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or H.C.H’s use of the Member Content (or any portion thereof) on, through or by means of the Site, and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
PROPRIETARY RIGHTS NOTICES
All trademarks, service marks, logos, trade names and any other proprietary designations of H.C.H used herein are trademarks or registered trademarks of H.C.H. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org or through the contact section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of H.C.H and you hereby irrevocably assign to H.C.H and agree to irrevocably assign to H.C.H all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At H.C.H’s request and expense, you will execute documents and take such further acts as H.C.H may reasonably request to assist H.C.H to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
H.C.H respects copyright law and expects its users to do the same. It is H.C.H’s policy to terminate in appropriate circumstances the H.C.H Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
TERMINATION AND H.C.H ACCOUNT CANCELLATION
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site and Services, and (b) deactivate or cancel your H.C.H Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event H.C.H terminates these Terms, or your access to our Site and Services or deactivates or cancels your H.C.H Account you will remain liable for all amounts due hereunder. You may cancel your H.C.H Account at any time by sending an email to email@example.com. Please note that if your H.C.H Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT H.C.H DOES HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO ALL GUESTES, VISITORS,RESIDENTS,OCCUPANTS, WILL CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION AND BY AGREEING TO THE TERMS YOU HEREBY CONSENT THERETO. THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, H.C.H EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. H.C.H MAKES NO WARRANTY THAT THE SITE, SERVICES AND COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. H.C.H MAKES NO WARRANTY REGARDING THE QUALITY OF ANY ACCOMMODATIONS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM H.C.H OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, BOOKING OF ANY ACCOMMODATIONS VIA THE SITE AND SERVICES. NEITHER H.C.H NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, , OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES,OR FROM YOUR BOOKING OF ANY ACCOMMODATION VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT H.C.H HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL H.C.H’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR BOOKING OF ANY ACCOMMODATION VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE , SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY ACCOMMODATION, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN H.C.H AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold H.C.H and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, (iii) the use, condition or rental of an Accommodation by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Accommodation.
These Terms constitute the entire and exclusive understanding and agreement between H.C.H and you regarding the Site, Services, Collective Content, and any bookings of Accommodations made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between H.C.H and you regarding bookings or listings of Accommodations, the Site, Services and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without H.C.H’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. H.C.H may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by H.C.H (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the . For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
CONTROLLING LAW AND JURISDICTION
These Terms will be interpreted in accordance with the laws of State of Texas in the u.s.a in Harris county in Houston. For any actions for which the parties retain 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, as set forth in the Dispute Resolution provision below.