Terms and Conditions

Terms and Conditions

(Version 1.0)

 

PLEASE READ THESE TERMS OF SERVICE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND

OBLIGATIONS.

 

THESE TERMS OF SERVICE CONTAIN AN ARBITARTION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH PURPLE

TENT ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION.  

 

 

HOSTS SHOULD HAVE A THOROUGH UNDERSTANDING OF HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. MANY CITIES PROHIBIT

HOSTING PAYING GUESTS FOR SHORT PERIOIDS OF TIME. MANY CITIES REQUIRE HOSTS TO OBTAIN LICENSES, OR PERMITS BEFORE

LISTING A PROPERTY OR ACCEPTING GUESTS. THESE LAWS ARE OFTEN PART OF A CITY’S ZONING AND ADMINISTRATIVE CODES, AND

VARY GREATLY FROM CITY TO CITY. PENALTIES MAY INCLUDE FINES OR OTHER FORMS OF ENFORMCEMT.

 

  1. Terms of Service

 

BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES OF PURPLETENT, INC., ITS AFFILIATES OR AGENTS (“PURPLE TENT”

OR “WE”) WITH LINKS TO THIS TERMS OF USE (COLLECTIVELY, THE “SITE”) IN ANY WAY, INCLUDING USING THE SERVICES AND

RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”) BY PURPLE TENT OR

USERS OF THE SITE (“USERS”), CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY

BROWSING THE SITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2)

YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH PURPLE TENT, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE

TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE CUSTOMER, AND TO BIND THAT COMPANY TO

THE TERMS OF USE.  THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE CUSTOMER

WHEN YOU REGISTERED ON THE SITE.  IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE

THIS SITE OR THE SERVICES. FAILURE TO USE THE SITE, APPLICATIONS, OR SERVICES IN ACCORDANCE WITH THESE TERMS MAY

SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES.

 

 

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY PURPLE TENT IN ITS SOLE DISCRETION AT ANY TIME.  When changes are

made, Purple Tent will make a new copy of the Terms of Use available at the Website. Any changes to the Terms will be effective

immediately for new Users of the Website or Services and will be effective thirty (30) days after posting notice of such changes on the

Website for existing Users.  Purple Tent may require you to provide consent to the updated Terms in a specified manner before further

use of the Website or the Services is permitted.  If you do not agree to any change(s) after receiving a notice of such change(s), you shall

stop using the Website and/or the Services.  Otherwise, your continued use of the Website and/or Services constitutes your acceptance of

such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

 

 

  1. Updates/Modifications

 

Purple Tent reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including

Service Fees, at any time without prior notice. If we modify these Terms, we will either post the modification on the Site or via the

Application or otherwise provide you with a notice of the modification. We will also update the “Last Updated” date at the top of there

Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the

Application 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, Application, and Services.

 

 

3. How Purple Tent Works

 

Purple Tent is an online platform that connects Hosts who have accommodations to rent with Guests who are seeking to rent these

accommodations (collectively, the “Services”). These Services are accessible at http://purpletent.com and any other websites through

which Purple Tent makes the Services available (collectively, the “Site”) and as applications for mobile devices (the “Application”).

 

 

The Site, Application, and Services comprise of an online platform through which Hosts may create a Listing and offer accommodations,

and Guests may view these Listings, review the offered accommodations, and book the space directly with the Hosts. YOU UNDERSTAND

THAT PURPLE TENT IS NOT A PARTY TO ANY AGGREMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS. Purple Tent is not a Real

Estate Broker, Agent or Insurer. Purple Tent is not an owner, operator, or provider of any property, nor do we manage/control any

properties or transportation/travel services.

 

 

You represent and warrant that any Listing you post and any subsequent Booking (and use) of a Property will not breach any agreements

you have entered into with any third parties, such as lease or rental agreements, and will be in compliance with all applicable laws, tax

requirements, and rules and regulations that may apply to any Property not conflict with the rights of third parties. Please note that

Purple Tent assumes no responsibility for any compliance with any agreements with or duties to third parties, applicable laws, rules and

regulations. IT IS ESSENTIAL THAT HOSTS REVIEW THEIR LOCAL LAWS PRIOR TO LISTING WITH PURPLE TENT.

 

  1. Registration

 

 

In order to access certain features of Purple Tent you may be required to become a Registered User.  For purposes of the Terms,

a “Registered User” is a User who has registered an account on the Website (“Account”).

 

 

We may enable you to link your Account with a valid account on a social networking service (“SNS” and each such account, a “Third-Party

Account”) by allowing Purple Tent 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 grant Purple Tent 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 Purple Tent to pay any fees or making Purple Tent subject to

any usage limitations imposed by such third-party service providers.  By granting Purple Tent access to any Third-Party Accounts, you

understand that Purple Tent may access, make available and store (if applicable) any information, data, text, software, music, sound,

photographs, graphics, video, messages, tags and/or other materials accessible through the Purple Tent Materials (“Content”) that you

have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Purple Tent Materials

via your Account.  Unless otherwise specified in the Terms, all SNS Content shall be considered to be Your Content (as defined in Section

4.1) for all purposes of the 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 may be available on and

through your Account on the Purple Tent Materials. Please note that if a Third-Party Account or associated service becomes unavailable or

Purple Tent’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 Purple Tent Materials.  You have the ability to disable the connection between your Account and your Third-

Party Accounts at any time through the SNS.  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, AND PURPLE TENT DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO

IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY

ACCOUNTS.  Purple Tent makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality

or noninfringement, and Purple Tent is not responsible for any SNS Content.

 

 

In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by

the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true,

accurate, current and complete.  You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding

contract; and (3) not a person barred from using the Purple Tent Materials under the laws of the United States, your place of residence or

any other applicable jurisdiction.  You are responsible for all activities that occur under your Account.   You agree that you shall monitor

your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Purple Tent Materials by

minors.   You may not share your Account or password with anyone, and you agree to notify Purple Tent immediately of any unauthorized

use of your password or any other breach of security.  If you provide any information that is untrue, inaccurate, not current or

incomplete, or Purple Tent has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,

Purple Tent has the right to suspend or terminate your Account and refuse any and all current or future use of the Purple Tent Materials

(or any portion thereof).  You agree not to create an Account using a false identity or information, or on behalf of someone other than

yourself.  You agree that you shall not have more than one Account per platform or SNS at any given time.  Purple Tent reserves the

right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a

username violates the third party’s rights.  You agree not to create an Account or use the Purple Tent Materials if you have been

previously removed by Purple Tent, or if you have been previously banned from any of the Purple Tent Materials.

 

  1. Free Tent – (I’m aware I will probably need to go into more detail with this and change the whole “reasonable effort” thing)

 

As a new, qualified, Host, you may request to have one custom Purple Tent delivered to your home address. Upon requesting a Purple

Tent, you as a Host agree to list the Purple Tent on the Site, and or Application, and agree to put reasonable effort into hosting Guests.

Purple Tent, at its sole discretion, reserves the right to define “reasonable effort” in regards to hosting Guests. Purple Tent, at its sole

discretion, reserves the right to issue a one time charge to the Host for the cost of the Purple Tent + shipping and handling, if Purple

Tents deems the Host has not put forth “reasonable effort” towards hosting Guests.

 

 

  1. Payments

 

We use a third party payment provider to process payments (PayPal). By submitting your payment information to or through our

Payment Provider, you authorize us to charge the applicable payment method for your Booking and any related fees or charges. You

represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. Your

Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement

and not the Terms to determine your rights and liabilities. You agree that we are authorized to immediately invoice your Account for all

fees and charges due and payable to Purple Tent hereunder (including any damage you cause at or to a Property) and that no additional

notice, authorization, or consent is required. We reserve the right at any time to change our prices and billing methods, either

immediately upon posting on the Purple Tent Properties or by e-mail delivery to you.

 

 

  1. Disputes

 

You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that

statement or such dispute will be deemed waived.  Billing disputes should be to either support@purpletent.com.

 

 

  1. Listings

 

As a Member, you may create Listings. To create a Listing, you will be asked to variety of questions about the Accommodation to be

listed, including, but not limited to, the location, capacity, size, features, and availability of the Accommodation and pricing and related

rules and financial terms. In order to be featured in Listings via the Site, Application, and Services, all Accommodations must have valid

physical addresses. Listings will be made publicly available via the Site, Application, and Services. You understand and agree that the

placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Guest and Host

preferences, ratings and/or ease of booking.

 

Other Members will be able to book your Accommodation via the site, Application, and Services based upon the information provided in

your Listing, your Guest requirements, and Guests’ search parameters and preferences. You understand and agree that once a Guest

requests a booking of your Accommodation, you may not request the Guest to pay a higher price than in the booking request.

 

You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Guest’s stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses, and registrations), and (b) not conflict with the rights of third parties. Please note that Purple Tent assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules, and regulations. Purple Tent reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Purple Tent, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site, Application, or Services.

 

If you are a Host, you understand and agree that Purple Tent does not act as an insurer or as your contracting agent. If a Guest requests booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and Purple Tent is not a party to it.

 

When you create a Listing, you may also chose to include certain requirements which must be met by the Members who are eligible to request a booking of your Accommodation, such as requiring Members to have profile picture or verified phone number, in order to book your Accommodation. Any Member wishing to book Accommodations included in Listings with such requirements must meet these requirements.

 

If you are a Host, Purple Tent makes certain tools available to you to help you to make informed decisions about which Members you chose to confirm or preapprove for booking your Accommodation. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, including the Guest (and the individuals the Guest invites to the Accommodation, if applicable.)

 

Purple Tent recommends that Hosts obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guests invites to the Accommodation, if applicable) while at your Accommodation.

 

  1. Bookings - Host

 

If you are a Host and a booking is requested for your Accommodation via the Site, Application or Services, you will be required to preapprove, confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Guest who has requested the booking, (ii) a link to the Guest’s profile page, (iii) if the Guest and Host have both connected their Purple Tent accounts to SNS and have not turned off sharing social connections, the names of any shared connections on such SNS, and (iv) an indication of whether or not the Guest has provided other information to Purple Tent, such as verified email address, connection to SNSs, or a government ID. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Purple Tent for the requested booking will be refunded to the applicable Guest. When you confirm a booking requested by a Guest, Purple Tent will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.

 

  1. Fees – Host

Purple Tent will collect the Total Fees from Guests at the time of the booking request or upon the Host’s confirmation and will initiate payment of the Accommodation Fees (less applicable fees and taxes) to the Host in most cases within 24 hours of the scheduled check-in time of the Guest at the applicable Accommodation (except to the extent that a refund is due to the Guest).

 

Each Host agrees that Purple Tent may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the booking and (ii) refund to the Guest that portion of the Accommodation Fees specified in the applicable cancelation policy.

 

  1. Bookings – Guest

 

The Hosts, not Purple Tent, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site, Application and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of an Accommodation, you agree to accept terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host. You acknowledge and agree that you, and not Purple Tent, will be responsible for performing the obligations of any such agreements, that Purple Tent

 

  1. Fees – Guest

The Total Fees payable will be displayed to a Guest before the Guest sends a booking request to a Host. As noted above, the Host is required to preapprove, confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically cancelled.

You as a Guest agree to pay the Total Fees for any booking requested, and in most cases confirmed, in connection with your Purple Tent Account.

 

In consideration for the use of Purple Tent’s online marketplace and platform, Purple Tent charges Service Fees. Purple Tent collects these Service Fees and, where applicable, may also collect Taxes in respect of the Host Fees and Guest Fees.

 

NEED TO REVIEW ONCE PAYMENT PROCESSING COMPLETE^^^^^^^^^^

 

  1. Cancellations and Refunds

 

If, as a Guest, you wish to cancel

 

  1. Taxes

 

Tax regulations require us to collect appropriate tax information from our Hosts, or to withhold taxes from payouts to Hosts, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W-9 from certain Hosts. You as a Host are solely responsible for keeping the information in your tax forms current, complete, and accurate. If you as a Host fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold tax payments to you, we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.

 

You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Purple Tent cannot and does not offer Tax-related advice to any Members.

 

You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your Accommodation is located may require Taxes to be collected from Guests or Hosts on the amount paid for the right to use and/or occupancy of accommodations, 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 rent or Accommodation Fees set by Hosts, a set amount per day, or other variations, and are sometimes called "occupancy taxes," "hotel taxes," "lodging taxes," "transient taxes," "sales and use taxes," "value added taxes," "room taxes" or "tourist taxes" (hereafter, "Occupancy Taxes").

 

  1. Occupancy Tax

 

In certain jurisdictions, Purple Tent may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Hosts, in accordance with your directions in these Terms if such tax jurisdiction asserts Purple Tent or Hosts have a tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, whether you are a Guest or Host, in lieu of the Host collecting Occupancy taxes from Guests and remitting to the Tax Authority, you hereby instruct and authorize Purple Tent to collect Occupancy Taxes from Guests on the Host's behalf at the time Accommodation Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. When Purple Tent facilitates Collection and Remittance of Occupancy Taxes in a jurisdiction for the first time, Purple Tent will provide notice to existing Hosts with Listings for Accommodations in such jurisdictions.

 

The amount of Occupancy Taxes, if any, collected and remitted by Purple Tent will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Where Purple Tent is directly facilitating Collection and Remittance, Guests and Hosts agree that Hosts are not permitted to attempt collection, or collect any Occupancy Taxes relating to their Accommodations on Purple Tent in that such jurisdiction. You expressly agree to release, defend, indemnify, and hold Purple Tent and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Occupancy Taxes, including, without limitation, the applicability of, calculation, collection or remittance of Occupancy Taxes in any amount or at all as to your transactions or Accommodations. For any jurisdiction in which we facilitate Collection and Remittance, Hosts and Guests expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions, bookings, Accommodations and Occupancy Taxes, including, but not limited to, personally identifiable information such as Host or Guest's name, Listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes collected from Guests or allegedly due, contact information and similar information, to the relevant Tax Authority.

 

Opt-in to Host Remittance of Taxes?

 

Miscellaneous Occupancy Tax Provisions

 

Whether you are a Guest or Host, you agree that any claim or cause of action relating to Purple Tent's facilitation of Opt-in for Host Remittance or Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by Purple Tent in connection with facilitation of Opt-in Remittance or Collection and Remittance of Occupancy Taxes, if any. Guests and Hosts agree that we may seek additional amounts from You in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Purple Tent from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

 

In any jurisdiction in which we have not provided notice of, or are not facilitating (or are no longer facilitating) the collection or remittance of Occupancy Taxes by Collection and Remittance, Opt-in for Host Remittance or any other means or method, in your jurisdiction, Hosts and Guests remain solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations.

 

Hosts and Guests acknowledge and agree that in some jurisdictions, Purple Tent may decide not to facilitate collection or remittance of Occupancy Taxes or may not be able to facilitate the collection and/or remittance of Occupancy Taxes, and nothing contained in these Terms of Service is a representation or guarantee that Purple Tent will facilitate collection and/or remittance of Occupancy Tax anywhere at all, including in any specific jurisdiction, or that Purple Tent will continue to facilitate any collection or remittance of Occupancy Tax in any specific jurisdiction in which it may have been offered. Purple Tent reserves the right, in its sole determination, to cease any facilitation of any collection and remittance of Occupancy Tax (regardless of method used or to be used in the future) for any reason or no reason at all, provided that it will give Hosts reasonable notice in any jurisdiction in which Purple Tent determines to cease any such facilitation.

 

  1. Property Terms and Conditions

 

As a Guest, you will comply with all applicable Property Rules and Regulations, and laws, rules, regulations, and local ordinances, which are Supplemental Terms for any Booking you make. Use of any Property will be subject to: (i) availability of the Property; (ii) payment of all fees and charges incurred in reserving and/or using the Property; and (iii) compliance with the terms and conditions and/or Property Rules. Unless otherwise agreed in writing, settlement of all fees and charges incurred in reserving and/or using the Property is to be made by you prior to your use and shall not be considered guaranteed until written confirmation has been provided to you. You understand that a violation of Property Rules may result in cancellation of your Booking(s), in your being denied access to any Booking, or in your forfeiting any monies paid for such reservation(s). You hereby authorize us to debit or charge your account (via the method of payment associated with your account) for any costs we incur as a result of such violation (including any property damage or physical injury you cause).



  1. Damages and Security Deposit

 

As a Guest, you are responsible for leaving the Property 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 whom you invite to, or otherwise provide access to, the Property. You agree that we are authorized to immediately charge your Account for all fees and charges due and payable to Purple Tent hereunder and that no additional notice or consent is required. In the event that a Host claims otherwise and provides evidence of damage ("Damage Claim"), including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items.

 

Hosts may choose to include security deposits in their Listings ("Security Deposits"). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. Purple Tent will use commercially reasonable efforts to address Hosts' requests and claims related to Security Deposits, but Purple Tent is not responsible for administering or accepting any amage Claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.

 

  1. Intellectual Property

 

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Purple Tent 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, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Purple Tent used on or in connection with the Site, Application, Services, and Purple Tent Content are trademarks or registered trademarks of Purple Tent in the US and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and Purple Tent Content are used for identification purposes only and may be the property of their respective owners.

 

  1. Purple Tent Content and Member License

 

Purple Tent grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Purple Tent Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, 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, Application, 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 Purple Tent or its licensors, except for the licenses and rights expressly granted in these Terms.

 

  1. Member Content

 

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through Purple Tent promotional campaigns, you hereby grant to Purple Tent a worldwide, irrevocable, perpetual (or for the term of the protection), 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, by means of or to promote or market the Site, Application and Services. Purple Tent 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, Application, Services or through Purple Tent promotional campaigns. 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, Application, Services or through Purple Tent promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Purple Tent 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 Purple Tent's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or Purple Tent promotional campaigns 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.

 

  1. Feedback

 

You agree that submission of any ideas, suggestions, documents, and/or proposals to Purple Tent through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Purple Tent has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.  You represent and warrant that you have all rights necessary to submit the Feedback.  You hereby grant to Purple Tent a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Purple Tent Materials.

 

  1. Term and Termination

    1. Term.  The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Purple Tent Materials, unless terminated earlier in accordance with the Terms.

    2. Prior Use.  Notwithstanding the foregoing, if you used the Purple Tent Materials prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the Purple Tent Materials (whichever is earlier) and will remain in full force and effect while you use the Purple Tent Materials, unless earlier terminated in accordance with the Terms.

    3. Termination of Services by Purple Tent.  Purple Tent has the right to suspend or terminate any Services provided to you for any reason. You agree that all terminations for cause shall be made in Purple Tent’s sole discretion and that Purple Tent shall not be liable to you or any third party for any termination of your Account.

    4. Termination of Services by You.  If you want to terminate the Services provided by Purple Tent, you may do so by (a) notifying Purple Tent at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Purple Tent's address set forth below.

    5. Effect of Termination.  Termination of any Service includes removal of access to such Service and barring of further use of the Service.  Termination  of  all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content.  Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases.  Purple Tent will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content.  All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

 

  1. Breach

In the event that Purple Tent determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the Purple Tent Materials, Purple Tent reserves the right to:

  1. Warn you via e-mail (to any e-mail address you have provided to Purple Tent) that you have violated the Terms;

  2. Delete any of Your Content provided by you or your agent(s) to the Purple Tent Materials;

  3. Discontinue your registration(s) with the any of the Purple Tent Materials, including any Services or any Purple Tent community;

  4. Discontinue your subscription to any Services;

  5. Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or

  6. Pursue any other action, which Purple Tent deems to be appropriate.

  1. Disclaimers

IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT PURPLE TENT DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. IF WE CHOOSE TO CONDUCT SUCH CHECKS, 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 USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.

THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PURPLE TENT 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. PURPLE TENT MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PURPLE TENT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, HOSTS, GUESTS, YOUR ACCRUAL OF PURPLE TENT TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PURPLE TENT OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT PURPLE TENT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. PURPLE TENT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY PURPLE TENT. PURPLE TENT EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.

22. Limitation of Liability.

UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE PURPLE TENT PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PURPLE TENT MATERIALS OR ANY BOOKING, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT PURPLE TENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PURPLE TENT MATERIALS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE PURPLE TENT MATERIALS; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE PURPLE TENT MATERIALS; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PURPLE TENT MATERIALS; OR (5) ANY OTHER MATTER RELATED TO THE PURPLE TENT MATERIALS, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

UNDER NO CIRCUMSTANCES WILL THE PURPLE TENT PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY PURPLE TENT FROM YOU OR PAID BY PURPLE TENT TO YOU IN THE THREE (3) MONTHS PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT A CLAIM.  IF YOU HAVE NOT PAID PURPLE TENT ANY AMOUNTS IN SUCH PERIOD, PURPLE TENT’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS ($50.00).

PURPLE TENT PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PURPLE TENT AND YOU. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  1. Indemnification

You agree to release, defend, indemnify, and hold Purple Tent 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, Application, 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, or (iii) creation of a Listing; (d) 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 an Accommodation.

  1. Entire Agreement

Except as they may be supplemented by additional Purple Tent policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Purple Tent and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any bookings or Listings of Accommodations made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between Purple Tent and you regarding bookings or listings of Accommodations, the Site, Application, Services, and Collective Content (excluding Payment Services).

  1. Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Purple Tent (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

  1. Controlling Law and Jurisdiction

Delaware?

  1. Dispute Resolutions

If you reside in the United States, you and Purple Tent agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site, Application or Collective Content (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Purple Tent are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and Purple Tent otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.

Arbitration Rules and Governing Law. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1--800--778--7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. Unless you and Purple Tent otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Purple Tent submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Purple Tent will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Purple Tent will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes. Notwithstanding the provisions of the "Modification" section above, if Purple Tent changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Purple Tent's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Purple Tent in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

  1. Third Party Beneficiary

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

  1. Contact Purple Tent

If you have any questions about these Terms or any App Store Sourced Application, please contact Purple Tent.