Terms of Service
2 Nature of Website
The Website is a venueonly. HNP is not a party to and has no responsibility for any rental agreement or any other transaction entered into by You and any other party. As such, We have no responsibility for the quality, condition, safety or legality of any property, nor do We have any responsibility for the truth or accuracy of any representation(s) pertaining to such property or any other items or matters made by any person. Further, We have no responsibility for the quality of any tenant or prospective tenant nor for any representations made by any person pertaining to such tenant or prospective tenant.
3 Using the Website
By agreeing to these Terms, You are granted a limited, revocable, non-exclusive license to access the Website in accordance with its intended use. You are expressly prohibited from unauthorized uses of the Website. Such unauthorized uses include, without limitation, commercial use; use to transmit information that is false, fraudulent or misleading or taking any action that may be considered phishing or that would give rise to criminal or civil liability; use to transmit unlawful, threatening, abusive, libelous, defamatory, obscene or pornographic material; use to violate the personal or proprietary rights of HNP or any third parties; use of the Website in any way that, in HNP’s sole discretion adversely impacts the function or performance of the Website. If you become aware of any content, activity, or communication that appears to be in violation of the foregoing restrictions or in violation of any other provision of this Agreement, inform us by contacting us at (####### insert contact info).
4 Identity Verification and Limitations on Use of Another Person’s Information; No Spam
Identification of persons with whom you are communicating online is difficult. Except as otherwise expressly stated, HNP has no responsibility for the confirmation of a User’s purported identity. You should keep any password you create on this website strictly confidential. If you believe that your password has been disclosed to an unauthorized person or you are contacted by anyone requesting your password or any other Personally Identifying Information, you must notify HNP (#### insert contact info) and select a new password. If, in our sole discretion, We suspect that your email or other information is being used in a fraudulent or unauthorized manner, We may, without prior notice to you, cancel your participation in the HNP Program and notify HNP members of such cancellation. We will use reasonable efforts to contact you promptly if We take such action.
EACH USER HEREBY EXPRESSLY ACKNOWLEDGES AND AGREES THAT: (1) HNP WILL HAVE NO LIABILITY WHATSOEVER TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING A USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID OR PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO HNP AND OTHER USERS.
With respect to any Personally Identifying Information that You may obtain directly or indirectly through the Website or through any Website related communication, You agree that you will use such information ONLY for purposes intended by HNP and that You will use your best efforts to protect such information. You may not send Spam or unsolicited commercial electronic communications of any kind.
5 Links to Third Party Sites
This Website may contain links to other Internet sites. Unless otherwise expressly stated, these links are not an endorsement by us of such third parties or the contents thereof. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
6 Limitation of Liability
IN NO EVENT WILL HNP BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) THIS WEBSITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, BY YOU OR ANY THIRD PARTY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST HNP OR ANY THIRD PARTY OR ANY USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST HNP IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, HNP’S LIABILITY, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE IS LIMITED TO $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
THIS WEBSITE, IS PROVIDED "AS IS" TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HNP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE CONTENT ON THE SITE OR THE INFORMATION OR SERVICES ACCESSED OR OBTAINED THROUGH THE WEBSITE, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THROUGH YOUR USE OF THE WEBSITE NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND HNP OTHER THAN PURSUANT TO THE TERMS SET FORTH HERE.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD HNP OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT HNP IS NOT A PARTY TO ANY RENTAL TRANSACTION OR OTHER TRANSACTION ENTERED INTO BY OR BETWEEN USERS OF THE SITE. HNP HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY CONTENT PROVIDED ON OR ACQUIRED THROUGH USE OF THE WEBSITE.
8 Release; Indemnification
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE, OR ANY OTHER PERSON ARISING OUT OF ANY ACTIVITY RELATED TO THE WEBSITE, YOU AGREE TO RELEASE HNP AND ALL RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND HNP FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY HNP IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE WEBSITE OR OTHERWISE RELATING TO BUSINESS ARISING FROM OR CONDUCTED THEREON OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU, INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM.
WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
9 Disputes; Arbitration
You agree to give HNP an opportunity to resolve any disputes or issues relating in any way to the Website, any dealings with HNP representatives or any services or products provided, any representations made by HNP. If we are not able to resolve your issues within 60 days, you may seek relief of your claim through arbitration.You agree that any and all such claims will be resolved by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited.Any and all proceedings to resolve such claims will be conducted only on an individual basis and not in a class, consolidated or representative action.The Federal Arbitration Act and federal arbitration law apply to these proceedings. An arbitration decision may be confirmed by any court with competent jurisdiction.
10 Merger; Assignment
11 Notice; Termination; Amendment
Except as expressly stated otherwise, any notice to HNP shall be given by email to [###### insert]. In the event that HNP needs to give you notice, it will be sent to the email address you have provided through the registration process. Notice shall be deemed given upon receipt or 24 hours after an email is sent, unless the sending party is notified that the email address is invalid.
HNP may, in its sole discretion, and without prior notice, change, suspend, or discontinue any aspect of this Website, these Terms or the Homeshare Nantucket Program. Notification of any such change will be posted on the Website and will be indicated by the date of such action.
12 User Compliance
By use of this Website, you warrant that you are in compliance with all federal, state, and local statutory, regulatory and policy requirements pertaining to participation in the Homeshare Nantucket Program.
HOMESHARE NANTUCKET PARTNERS
Effective – March 1, 2019
We are the entities, [hereafter, HOMESHARE NANTUCKET PARTNERS, PARTNERS, OR HNP] that will have access to and/or control and/or manage this Website, and the information that is collected, used, and shared on this Website. HNP includes each entity identified in ATTACHMENT A TO THE MOU BY AND AMONG HOMESHARE NANUCKET PARTNERS AS THAT ATTACHMENT EXISTA AND AS IT MAY HEREAFTER BE AMENDED.
The purpose of this Website is to connect interested Nantucket property owners who possess suitable unused potential rental living space with employers whose employees are seeking year-round housing.
Information HNP Collects:
Personally identifying information is generally defined as information that can be used alone to trace an individual’s identity (e.g. – name, SSN, biometric records etc.), or information that, when combined with other information is linked to a specific individual (e.g. -- date of birth, address, mother’s maiden name etc.). HNP does not collect personally identifiable information about you unless you voluntarily submit that information to HNP, through the Website’s survey form page, other pages, by email, or by some other means. The personally identifiable information that you provide to HNP could include your name, address, telephone number, email address and birthdate. You may also submit information on your goals in using the service and other facts concerning your potential housing rental property. That information is not personally identifying.
When you visit or use the Website, HNP may automatically collect other non-personally identifying information, such as the type of browser or device operating system you use, the domain name of the website from which you linked to the Website, the amount of time you spend on the Website and the pages on the Website that you view. HNP may also aggregate information collected, such as the number of visitors to the site and the geographic location of the device that linked to the Website.
How HNP Uses and Shares Information:
HNP will use your personally identifiable information as follows:
To operate the Website and to provide you with any specific services or information that you have requested;
To respond to your direct inquiries, to add you to our mailing lists, and to send you emails and other information from time to time;
To transmit the information, you have submitted to Employer Partners and participants in the Homeshare Nantucket Program. This information is transmitted solely for the purpose of allowing an employer Partner to contact you directly in order that you may mutually determine whether or in what manner you may wish to participate in the Homeshare Nantucket Program, and to further assist you to participate as is mutually agreeable to you and theEemployer Partner. The employer Partner is not authorized by HNP to use information transmitted for any other purpose or for its own benefit.
Unless you ask HNP not to, we may contact you in the future to tell you about Employer Partners whose current or prospective employees need housing, new housing opportunities that become available, or new services offered by Homeshare Nantucket.
We will not give, sell, or rent your personally identifiable information to any other person or entity except as provided in this policy.
We may disclose personally identifiable information as required by law or legal process.
We may disclose personally identifiable information to investigate suspected fraud, harassment or other violations of any law, rule or regulation, or the policies of the Website.
If you specifically consent to additional uses of your personally identifiable information, HNP may use that information in a manner consistent with your consent.
Non-personally identifying information or aggregate information may be shared with other parties, at our discretion, provided that such information does not specifically identify you.
HNP uses "cookies" on the Website. A cookie is a piece of data stored on a site visitor's hard drive to help improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, your log-in is quicker thereby saving you time while using our Website. Cookies can also enable HNP to track and target the interests of our users to enhance their experience on our site. Usage of a cookie is in no way linked to any personally identifiable information you have transmitted through our site.
If you want to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences.
Security and Data Retention:
Subject to the provisions of the Terms of Service, we undertake commercially reasonable efforts designed to prevent unauthorized access to your information retained in our servers, however, due to the inherent open nature of the Internet, we cannot ensure or warrant the security of any information you provide online, and, accordingly, you do so at your own risk.
Other Websites, Apps and Services:
As a convenience to you, we may provide links to third party websites, apps or services from within the Website. We are not responsible for the privacy practices or content of these third-party sites, and by providing a link we are not endorsing or promoting such third-party sites. When you link away from our Website, you do so at your own risk. We encourage you to read the policies and terms of every website, app or service that you visit.
Social Networking Services:
The Website may integrate with social networking services. You understand and acknowledge that we do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our Website, we are doing so merely as an accommodation and, like you, are relying upon those third-party services to operate properly and fairly.
You should be aware that personally identifiable information which you voluntarily include and transmit online in a publicly accessible blog, social network or otherwise online may be viewed and used by others. We are unable to control such uses of your personally identifiable information, and by using such services you assume the risk that the personally identifiable information provided by you may be viewed and used by third parties.
Information Relating to Children:
HNP’s Website is designed for those 13 years of age and older. We do not knowingly collect information from anyone under the age of 13. If we are made aware that we have received such information, or any information in violation of our policy, we will use reasonable efforts to locate and remove that information from our records.
Communications with HNP or Through Our Website:
Opt-Out and Your Right to Withdraw Consent: