Terms of Services
Updated July 1, 2020
1. Scope of The Guild Services
The Guild Platform is an online marketplace that offers properties for Short Term Rental (“Host Services”), including multifamily residential properties (“Accommodations”) that are published in The Guild Platform (“Listings”) to Persons that are seeking to book such Host Services (“Guests”).
The Guild has no control over and does not guarantee performance or conduct of any Guest or third party. Any references to a Guest being “verified” (or similar language) only indicate that the Guest has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by The Guild about any Guest, including of the Guest’s identity or background or whether the Guest is trustworthy, safe or suitable.
To promote The Guild Platform and to increase the exposure of Listings to potential Guests, Listings and other The Guild Content (as defined below) may be displayed on other websites, in applications, within emails, and in online and offline advertisements.
The Guild Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. The Guild is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by The Guild of such Third-Party Services.
Due to the nature of the Internet, The Guild cannot guarantee the continuous and uninterrupted availability and accessibility of The Guild Platform. The Guild may restrict the availability of The Guild Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of The Guild Platform. The Guild may improve, enhance and modify The Guild Platform and introduce new Services from time to time.
2. Eligibility, Using The Guild Platform, Guest Verification
You must be at least 18 years old and able to enter into legally binding contracts to access and use The Guild Platform or register a The Guild Account. By accessing or using The Guild Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract. You must be at least 21 years old to book a room with The Guild. The Guild Platform is not intended for children under 13 years of age. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on our Platform.
You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that you are not listed on any U.S. Government list of prohibited or restricted parties.
The Guild may make the access to and use of The Guild Platform, or certain areas or features of The Guild Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria or Reviews thresholds, or booking and cancellation history.
User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Guest’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Guests to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Guests, (ii) screen
Guests against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Guest, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
The access to or use of certain areas and features of The Guild Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of The Guild Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
3. Modification of these Terms
The Guild reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on The Guild Platform and update the “Last Updated” date at the top of these Terms. Your continued access to or use of The Guild Platform will constitute acceptance of the revised Terms.
4. Account Registration
You must register an account (“The Guild Account”) to access and use certain features of The Guild Platform. If you are registering a The Guild Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
You can register a The Guild Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account”). You have the ability to disable the connection between your the Guild Account and your SNS Account at any time, by accessing the “Settings” section of The Guild Platform.
You must provide accurate, current and complete information during the registration process and keep your The Guild Account information up-to- date at all times.
You may not register more than one (1) The Guild Account unless The Guild authorizes you to do so. You may not assign or otherwise transfer your The Guild Account to another party.
You are responsible for maintaining the confidentiality and security of your The Guild Account credentials and may not disclose your credentials to any third party. You must immediately notify The Guild if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your The Guild Account. You are liable for any and all activities conducted through your The Guild Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
The Guild may, at its sole discretion, enable Guests to access and view content, such as text, photos, audio, video, or other materials and information on or through The Guild Platform, including proprietary The Guild content and any content licensed or authorized for use by or through The Guild from a third party (“The Guild Content”).
The Guild Platform and The Guild Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that The Guild Platform and The Guild Content, including all associated intellectual property rights, are the exclusive property of The Guild and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying The Guild Platform and/or The Guild Content. All trademarks, service marks, logos, trade names, and any other source identifiers of The Guild used on or in connection with The Guild Platform and The Guild Content are trademarks or registered trademarks of The Guild in the United States and abroad.
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit The Guild Platform or The Guild Content, except to the extent 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 The Guild or its licensors.
By creating, uploading, posting, sending, receiving, storing, or otherwise making available any The Guild Content on or through The Guild Platform, you grant to The Guild a non- exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such The Guild Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such The Guild Content to provide and/or promote The Guild Platform, in any media or platform.
6. Service Fees
The Guild may charge fees to Guests (“Service Fees”) in consideration for the use of The Guild Platform. More information about when Service Fees apply and how they are calculated can be found on our Payment Terms.
Any applicable Service Fees (including any applicable Taxes) will be displayed to a Guest prior to booking a Listing. The Guild reserves the right to change the Service Fees at any time, and we will provide Guests adequate notice of any fee changes before they become effective.
You are responsible for paying any Service Fees that you owe to The Guild. The applicable Service Fees are due and payable and collected by The Guild Payments pursuant to the Payment Terms. Except as otherwise provided on The Guild Platform, Service Fees are non-refundable.
7. Booking Accommodations, Guest Terms
Subject to meeting any requirements (such as completing any verification processes) set by The Guild, you can book a Listing available on The Guild Platform by following the respective booking process. All applicable fees, including the Listing (or Booking) Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested on The Guild Platform.
Upon receipt of a booking confirmation from The Guild, a legally binding agreement is formed between you and The Guild, subject to any additional terms and conditions of The Guild that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. The Guild will collect the Total Fees at the time of the booking request pursuant to the Payment Terms.
You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by The Guild to enter, occupy and use the Accommodation for the duration of your stay, during which time The Guild (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with The Guild.
You agree to leave the Accommodation no later than the checkout time that The Guild specifies in the Listing or such other time as mutually agreed upon between you and The Guild. If you stay past the agreed upon checkout time without The Guild’s consent (“Overstay”), you no longer have a license to stay in the Accommodation and The Guild is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by The Guild, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by The Guild, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by The Guild to make you leave (collectively, “Overstay Fees”).
Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by The Guild as a result of such Overstay. The Guild will collect Overstay Fees from you pursuant to the Payments Terms.
The Guild has a no pet policy in our Accommodations. The Guild will only accept animals in an Accommodation that serves as a Service Animal, as defined by 28 CFR §36.104 (the Americans with Disabilities Act of 2008 (as amended)), with no additional fee.
Service Animals may not be left alone in Accommodations and must be leashed at all times they are in a public location.
Per section 10 (Damages to Accommodations) the Guest is responsible for all damage attributed to Service Animals brought into the Accommodation.
Sometimes our Guests leave their personal property in our Accommodations. If The Guild staff find any personal effects, goods left behind by a Guest or any other lost property, The Guild will retain such items and if an item is not reclaimed with the 3 months of the Guest’s departure it will be disposed of by The Guild at its discretion. In no event will The Guild be responsible for the cost or replacement of Guest’s personal property that Guest leaves behind except in the event of The Guild’s gross negligence.
8. Booking Modifications, Cancellations and Refunds, Resolution Center
Guests are responsible for any modifications to a booking that they make via The Guild Platform (“Booking Modifications”), and agree to pay any additional Listing Fees, or Guest Fees and/or Taxes associated with such Booking Modifications.
Guests can cancel a confirmed booking at any time subject to the The Guild Platform’s cancellation policy, and The Guild will provide any refund to the Guest in accordance with such cancellation policy set forth in Section 14.4 or in a separate written agreement between you and The Guild. Unless extenuating circumstances exist, any amounts due to The Guild under the applicable cancellation policy will be remitted to The Guild by pursuant to the Payments Terms.
In certain circumstances, The Guild may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons where The Guild believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to The Guild, third parties or property, or (ii) for any of the reasons set out in these Terms.
Guests can leave public Reviews (“Review”) at the Guild Platform. Any Review reflect the opinion of individual Guests and do not reflect the opinion of The Guild. Reviews are not verified by The Guild for accuracy and may be incorrect or misleading.
10. Damage to Accommodations
As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation. Damage to the Accommodation (including any personal or other property located at the Accommodation) includes, but is not limited to, physical damage and theft.
The Guild reserves the right, at its sole discretion, to seek damages and reimbursement of costs, including but not limited to: cost of repairs including the cost of labor and materials; lost revenue from bookings that cannot be made to damaged Accommodations; and other consequential damages incurred by The Guild due to the damage caused by Guest, the Guest’s invitees, animals brought into the Accommodation, or others to whom the Guest has provided access (“Damage Fees”).
Damage Fees, including fees for smoking in your Accommodation, will be automatically charged to the applicable method of payment for the full amount of the greater of the costs and fees actually incurred by us or the amount we reasonably expect to incur for replacing the property and/or fixing damage to the Accommodation (including any personal or other property located at the Accommodation) or the premises upon which the Accommodation is located. The Guild will document evidence of such damage or suspected theft and make such evidence available to you at your request.
We reserve at all times the right to fix the damaged property in the manner of our choosing and to pursue in our sole discretion any and all avenues available to us to collect from you the Damage Fees. For example, we may exercise the foregoing right by fixing or replacing the damaged or stolen property over an extended period of time, charging the applicable method of payment the sum total of the Damage Fees up front or in installments, or by making one or more claims under your homeowner’s, renter’s, and/or other insurance policy, and you agree to cooperate with and assist us in good faith, and to provide us with such information as we may reasonably request in order to successfully make such claim.
The Guild is solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes”).
You understand that any appropriate governmental agency, department and/or authority (“Tax Authority”) where your Accommodation is located may require Taxes to be collected from Guests on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by The Guild, a set amount per day, or other variations, and are sometimes called “transient occupancy taxes,” “hotel taxes,” “lodging taxes,” “city taxes,” “room taxes” or “tourist taxes” (“Occupancy Taxes”).
12. Prohibited Activities
You are solely responsible for compliance with any and all laws, rules and regulations that may apply to your use of The Guild Platform. In connection with your use of The Guild Platform, you will not and will not assist or enable others to:
breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
use The Guild for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies The Guild endorsement, partnership or otherwise misleads others as to your affiliation with The Guild;
use, display, mirror or frame The Guild Platform or The Guild Content, or any individual element within The Guild Platform, The Guild’s name, any The Guild trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in The Guild Platform, without The Guild’s express written consent;
dilute, tarnish or otherwise harm The Guild brand in any way, including through unauthorized use of The Guild Content, registering and/or using The Guild or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to The Guild domains, trademarks, taglines, promotional campaigns;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by The Guild or any of The Guild’s providers or any other third party to protect The Guild Platform;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide The Guild Platform;
take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of The Guild Platform;
export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
violate or infringe anyone else’s rights or otherwise cause harm to anyone.
You acknowledge that The Guild has no obligation to monitor the access to or use of The Guild Platform by any Guest, but has the right to do so to (i) operate, secure and improve The Guild Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Guests’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; or (iv) as otherwise set forth in these Terms. Guests agree to cooperate with and assist The Guild in good faith, and to provide The Guild with such information and take such actions as may be reasonably requested by The Guild with respect to any investigation undertaken by The Guild or a representative of The Guild regarding the use or abuse of The Guild Platform.
13. Term and Termination, Suspension and other Measures
This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or The Guild terminate the Agreement in accordance with this provision.
Without limiting our rights specified below, The Guild may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
The Guild may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, the Payments Terms, or Good Neighbor Policy and any applicable Standards, including but not limited to the pet policy, noise policy, occupancy restrictions, use of illicit drugs at or in an Accommodation (ii) you have violated applicable laws, regulations or third party rights; or (iii) The Guild believes in good faith that such action is reasonably necessary to protect the personal safety or property of The Guild, or third parties (for example in the case of fraudulent behavior of a Guest)
In addition, The Guild may cancel any pending or confirmed bookings, and/or limit or cancel your access to or your use of The Guild Platform (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information, (iv) you at any time fail to meet any applicable quality or eligibility criteria, (v) The Guild believes in good faith that such action is reasonably necessary to protect the personal safety or property of The Guild, or third parties, or to prevent fraud or other illegal activity.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by The Guild and an opportunity to resolve the issue to The Guild’s reasonable satisfaction.
14. Payments Terms
Payment: Full payment for your stay is required at the time of booking. Alternatively, we may require a credit card to secure payment at a later time during your stay. You will be advised accordingly when you make a reservation inquiry. Traveler’s checks, personal checks, cryptocurrency or cash in are not accepted forms of payment unless you have made alternate arrangements for corporate travel under a separate agreement with The Guild.
Payment for a Stay: The total amount of your stay will be charged on your credit card by The Guild at the time of booking. Regardless of billing or corporate account arrangements, you are liable for any and all charges posted to your room(s) before, during and after your stay, including incidentals and chargeable guest experiences. You are further liable for all damages to the room(s), Damage Fees, caused by you or your guests and/or invitees during your stay, as described in Section 10 of these Terms of Service. If there is evidence of smoking in your room you will incur a deep cleaning fee charged to your account which varies by market and extent of damage, but which begins at $250. By booking and staying at The Guild, you agree to accept any applicable charges described herein.
Security Deposits: In some instances we will require a refundable security deposit prior to check-in which may be charged to your card on file or a new card of your choice, at any time prior to your stay. The amount of the security deposit will be disclosed at booking. By booking with us you agree to pay this security deposit.
Cancellations: Cancellations and changes must be done in writing (e.g. email) or by phone. Subject to Compression Events, a confirmed reservation can be cancelled or changed until 48 hours prior to the scheduled arrival date (for example if you book for the 25th June you have until midnight Central Standard Time on the 18th of June to cancel with a full refund). In case of non-arrival on the day (no-show) or cancellation (or change) less than 48 hours, this card charge is a penalty and not a payment and it is not possible to occupy the room. From the day of arrival, the reservation can not be cancelled or changed. Reservations made less than 48 hours prior to arrival can not be cancelled or changed. This policy does not apply to a non refundable room type. For reservations booked for Compression Events, confirmed reservations can be cancelled or changed until 30 full days prior to the scheduled arrival date. Compression Events include, but are not limited to: South by Southwest Festival and the Austin City Limits Music Festival in Austin, Texas, the County Music Festival (CMAs) in Nashville, and the Ultra Music Festival and Super Bowl in Miami, Florida.
Reservations: Valid credit card details (Visa, MasterCard, American Express, etc.) and a billing address must be provided to guarantee your reservation. The credit card number and expiration date provided by you will be verified using a checking sequence. We reserve the right to cancel your reservation.
Authorization: By entering valid credit card details you represent and warrant that you are authorized to use the credit card entered for payment. You will not hold The Guild liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by The Guild and not (re)claim any amount for any valid or authorized charge by The Guild (including for pre-paid rates, no-show, incidentals and chargeable cancellation) of your credit card.
Confirmations: Confirmations that are received by email or text will be processed and confirmed by our reservation office as soon as possible. A reservation is considered provisional until The Guild confirms acceptance of the reservation, subject to The Guild’s background check criteria. We confirm the reservation by email or text, stating the reservation details.
Email bookings: You agree that all communications and agreements that we or you provide electronically satisfy any legal requirements that communications be in writing. Special events: A minimum number of nights stay may be required over a special event. A booking made over a special event (i.e. New Year, July 4) can be cancelled until 30 days prior to scheduled arrival as per Section 14.4. The charge for late cancellations or no-show over a special event is the full charged rate. All special event dates will be advised at the time of booking.
Multiple room-bookings: Bookings of 3 rooms or more are considered group bookings and require full payment for the total amount of the reservation at the time of booking. These bookings can not be changed or cancelled after confirmation. Any payment transactions are non-refundable.
Packages: Packages are sold as a whole. Payment may be requested at check-in or check-out. It is not possible to be refunded for any services not used.
IF YOU CHOOSE TO USE THE GUILD PLATFORM, THE GUILD CONTENT AND/OR ACCOMMODATION, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE GUILD PLATFORM, THE GUILD CONTENT AND ACCOMMODATION IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU AGREE THAT YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE THE GUILD SERVICES, LAWS, RULES, OR REGULATIONS THAT MAY BE APPLICABLE TO THE SERVICES YOU ARE RECEIVING AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OF LAW OR FACT MADE BY THE GUILD RELATING TO A LISTING. IF WE CHOOSE TO CONDUCT IDENTITY VERIFICATION OR BACKGROUND CHECKS ON ANY GUEST, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A GUEST OR GUARANTEE THAT A GUEST WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE. WE MAY PROVIDE THE RESULTS OF SUCH CHECKS TO THE GUILD PARTNERS AND THE GUILD AFFILIATES. THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
WE DO NOT WARRANT THAT THE GUILD’S PLATFORM, GUILD CONTENT, OR ANY PORTION OF ANY OF THE FOREGOING WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND WE DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
WE DO NOT MAKE ANY WARRANTY REGARDING THE QUALITY OF ANY ASPECT OF THE GUILD PLATFORM, GUILD CONTENT AND ACCOMMODATION, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE FOREGOING. YOU UNDERSTAND AND AGREE THAT WE SHALL NOT RESPONSIBLE OR LIABLE FOR THE ACTIONS OF ANY THIRD PARTY OR ANY CONDITION OR CIRCUMSTANCE (E.G., CONSTRUCTION) OUTSIDE A GUILD PROPERTY.
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 GUILD PLATFORM AND THE GUILD CONTENT, YOUR STAY AT ANY ACCOMMODATION, REMAINS WITH YOU. NEITHER THE GUILD NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE GUILD PLATFORM OR THE GUILD CONTENT OR THE ACCOMMODATION 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: (I) THESE TERMS; (II) FROM THE USE OF OR INABILITY TO USE THE GUILD PLATFORM OR THE GUILD CONTENT; (III) FROM USE OF THE ACCOMMODATION; AND/OR (IV) FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER GUESTS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT OR MEET WITH AS A RESULT OF YOUR USE OF THE GUILD PLATFORM, THE GUILD’S SERVICES, AND THE ACCOMMODATIONS.
YOU AND YOUR INVITEES MAY USE ONLY THE AMENITIES (E.G., FITNESS ROOM AND GYM EQUIPMENT) THAT ARE DESCRIBED IN YOUR RESERVATION CONFIRMATION. YOU AGREE TO COMPLY AND ENSURE THAT YOU AND ALL OF YOUR INVITEES’ COMPLIANCE WITH ALL OF OUR AND THE APPLICABLE LANDLORDS’ RULES WITH RESPECT TO YOUR USE OF SUCH AMENITIES. YOU UNDERSTAND AND AGREE THAT USE OF SUCH AMENITIES MAY BE SUSPENDED IF YOU OR ANY OF YOUR GUESTS VIOLATE ANY SUCH RULES. YOU SHALL BE RESPONSIBLE FOR ANY DAMAGE TO SUCH AMENITIES THAT YOU OR ANY OF YOUR INVITEES CAUSE. ANY USE OF SUCH AMENITIES IS AT YOUR AND YOUR INVITEES’ OWN RISK AND YOU AND YOUR INVITEES RELEASE, DISCHARGE, AND COVENANT NOT TO SUE THE GUILD IN CONNECTION WITH ANY USE OF SUCH AMENITIES.
EACH PROVISION OF THESE TERMS THAT PROVIDE FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to release, defend (at The Guild’s option), indemnify, and hold The Guild 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 (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of The Guild Platform or any The Guild Services, (iii) your stay at an Accommodation, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to The Guild Platform (“Feedback“). You may submit Feedback by emailing us, through the Contact section of The Guild Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
19. Digital Millennium Copyright Act (“DMCA”) Policy
The Guild provides information to help copyright holders manage their intellectual property online, but The Guild cannot determine whether something is being used legally or not without their input. The Guild responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to the process set out in the U.S. DMCA. If you think somebody is violating copyrights and wants to notify The Guild, you can email The Guild at [INSERT EMAIL] and provide all pertinent information.
20. Applicable Law & Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of Texas and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings must be brought in state or federal court in Austin, Texas, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Austin, Texas.
21. General Provisions
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between The Guild and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between The Guild and you in relation to the access to and use of The Guild Platform.
No joint venture, partnership, employment, or agency relationship exists between you and The Guild as a result of this Agreement or your use of The Guild Platform.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
The Guild’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without The Guild’s prior written consent. The Guild may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
Unless specified otherwise, any notices or other communications to The Guild and Guests permitted or required under this Agreement, will be in writing and given by The Guild via email, The Guild Platform notification, or messaging service.
If you have any questions about these Terms please email us at email@example.com.