Imigomo Yesevisi Eyenezelwe ye-Airbnb-friendly Marketplace
IF YOU RESIDE IN, OR THE ORGANIZATION YOU ARE ACTING FOR IS ESTABLISHED IN, THE UNITED STATES, PLEASE NOTE: THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER CONTAINED IN THE AIRBNB TERMS OF SERVICE APPLY TO ANY DISPUTE RELATING TO THESE ADDITIONAL TERMS.
Last Updated: November 30, 2022
Your use of the Airbnb-friendly Marketplace is subject to your acceptance of these Additional Terms of Service for the Airbnb-friendly Marketplace (“Airbnb-friendly Marketplace Terms”), and is provided to you by Airbnb Living LLC.
These Airbnb-friendly Marketplace Terms supplement the Airbnb Terms of Service (“Terms”), and, except as explicitly stated herein, the Terms apply in full to all users of the Airbnb-friendly Marketplace. All capitalized terms not defined here have the meaning given to them in the Terms. Nothing in these Airbnb-friendly Marketplace Terms shall be construed to amend or contradict the Terms unless explicitly stated. If there is a conflict between the Terms and these Airbnb-friendly Marketplace Terms, these Airbnb-friendly Marketplace Terms control to the extent of the conflict.
When these Airbnb-friendly Marketplace Terms mention “Airbnb Living”, “we”, “us”, or “our”, it refers to Airbnb Living LLC.
- Nature of our Services. Airbnb Living provides a venue for users to find their next Airbnb-friendly home/apartment by allowing users to search for, identify, connect with, and receive promotional communications from Airbnb-friendly Buildings (the “Airbnb-friendly Marketplace”). An “Airbnb-friendly Building” is a building that has agreed to participate in Airbnb’s Resident Hosting Program, and has chosen to list that building on the Airbnb-friendly Marketplace. The Airbnb-friendly Marketplace is provided at no cost to users. As set forth in the Terms, users must register an account with Airbnb in order to access or use the Airbnb-friendly Marketplace
- Services Not Provided. Neither Airbnb Living, nor Airbnb, owns, controls, offers, manages, or acts as an agent for any of the Airbnb-friendly Buildings. Airbnb Living is not a real estate broker, does not participate in any lease transactions, does not provide legal, brokerage, or other professional advice or services, does not inspect rental properties, does not verify the content of any communications between you and any Airbnb-friendly Building, and does not provide any tenant screening services.
- No Endorsements and Building Content. While we hope that the Airbnb-friendly Marketplace will be mutually beneficial to users and Airbnb-friendly Buildings, we do not endorse any landlord, property management company, building, or property. We do not control, are not affiliated with, and are not responsible for any Content provided by the Airbnb-friendly Buildings. You expressly acknowledge and agree that we are in no way responsible for the third party services provided by the Airbnb-friendly buildings. Airbnb Living does not guarantee that the Content provided by the Airbnb-friendly Buildings is accurate, including, but not limited to, that any accommodations you identify will be available, will be identical to the photos, floor plans, or images provided by the Airbnb-friendly Building, at the price listed, or will include all amenities listed. Additional fees, deposit requirements, income or credit requirements, and background check eligibility may apply to lease in any of these buildings, as determined in the sole discretion of the applicable Airbnb-friendly Building.
- Hosting. All hosting in an Airbnb-friendly Building shall be subject to the Additional Terms of Service for the Airbnb Resident Hosting Program, and further described there, shall be subject to the Building Rules established by the Airbnb-friendly Building, as well as applicable laws, both of which may change from time to time.
- Data Sharing with Airbnb-friendly Buildings. If you choose to contact Airbnb-friendly Buildings through the Airbnb-friendly Marketplace, we will share certain information, such as your name, contact information, and rental preferences, with the Airbnb-friendly Buildings you select. For purposes of this data sharing, the Airbnb-friendly Building may include their owners, operators, and third party API integration partners and their successors and assigns. All such data sharing shall be subject to, and is more fully described in, the Airbnb-friendly Marketplace Supplemental Privacy Terms.
- Limitation of Liability. AIRBNB LIVING (INCLUDING ITS AFFILIATES AND PERSONNEL) WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES , INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AIRBNB LIVING HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AIRBNB LIVING'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE AIRBNB-FRIENDLY MARKETPLACE TERMS OR YOUR USE OF AIRBNB LIVING’S SERVICES, EXCEED ONE HUNDRED DOLLARS (USD $100).
THESE LIMITATIONS OF LIABILITY AND DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND AIRBNB LIVING. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- DISCLAIMERS. IF YOU CHOOSE TO USE THESE SERVICES, YOU DO SO AT YOUR SOLE RISK. THE AIRBNB-FRIENDLY MARKETPLACE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AIRBNB LIVING 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. AIRBNB LIVING IS NOT RESPONSIBLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY AIRBNB-FRIENDLY BUILDING. IF YOU HAVE STATUTORY RIGHTS OR WARRANTIES WE CANNOT DISCLAIM, THE DURATION OF ANY SUCH STATUTORILY REQUIRED RIGHTS OR WARRANTIES, WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Nondiscrimination. Airbnb’s Nondiscrimination Policy applies to all Airbnb-friendly Buildings listed in the Airbnb-friendly Marketplace, and all Content provided by the Airbnb-friendly Buildings.
- Termination. You may terminate this agreement by sending us an email. Airbnb Living may terminate this agreement for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Airbnb Living may also terminate this agreement immediately and without notice if you materially breach this agreement and/or the Terms, Additional Legal Terms, Policies, Standards, you violate applicable laws, or we reasonably believe termination is advisable to protect Airbnb Living, its Members or third parties.
- Modification. Airbnb Living reserves the right to modify these Airbnb-friendly Marketplace Terms at any time in accordance with the Terms.
- Severability. If any provision or part of a provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining.
- Survival. Unless you reside in the European Economic Area or Switzerland, if you or we terminate these Airbnb-friendly Marketplace Terms, the clauses of these Airbnb-friendly Marketplace Terms that reasonably should survive such termination will remain in effect.
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