Terms of Service
TERMS OF SERVICE
SIT BACK HOST, LLC
Last Modified: April 8, 2018
Sit Back Host, LLC (“Sit Back Host”, “Dormigo”) provides value-added services to hosts and guests who
Certain notifications provided to you or certain areas of the Site and Services (and your access to or use of certain Content (as defined below)) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions provided to you or posted for a specific area of the Site, Services or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR CLICKING “ACCEPT” OR “AGREE” TO THESE TERMS, WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SERVICES, (1) YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND
If you accept these Terms, you represent that you have the capacity to be bound by them. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
“Accommodation” means a residential or
other property that is rented from a Host by a Guest, including any common areas associated with the property.
“Accommodation Fees” means fees as set out in the Booking Confirmation for the entirety of a Guest booking period plus any additional fees incurred because of a longer stay or additional services requested or required.
“Authorized Tenant” means a non-owner Host that has the authority to rent an Accommodation.
“Guest” means a Member who uses the Services in connection with its rental of an
Accommodation from a Host principally through a Third Party Platform.
“Guest Turnover Fees” means the fee that Dormigo charges a Guest for Services including but not limited to cleaning, supplies, and pet services. The Guest Turnover Fees will be displayed or communicated to the Guest at time of confirmation of a booking of Accommodation.
“Host” means a Member who is an owner or Authorized Tenant of an Accommodation and who is using the Services in connection with the listing and rental of an Accommodation principally through a Third Party Platform.
“Member” means a person who completes the account registration process, including without limitation Hosts and Guests, as described under “Registration” below.
“Third Party Platform” means a third party booking agent or hosting platform that connects Hosts who have Accommodations to rent with Guests seeking to rent Accommodations, or any booking platform that Dormigo uses in order to provide Services to Host and Guest.
How the Site and Services Work
provides value-added Services to Hosts and Guests who have arranged the use of Accommodations principally through Third Party Platforms.
Dormigo provides Services to Hosts that register on the Site or register with us through other means. Dormigo assists Hosts with preparing and properly marketing their Accommodations, including suggesting an optimal price for the listing of an Accommodation. Dormigo helps Hosts by interacting with potential guests to answer questions and arrange a stay. Dormigo may also arrange professional third party vendors to provide guest management services before, during and after the Guests stay, including scheduling professional cleanings and handling unexpected events such as lockouts. Dormigo may also provide a centralized dashboard on the Site, or other information forms, for Hosts to set preferences, listing terms and to monitor and manage their listings. Dormigo also may assist Hosts with marketing their listings by publishing listings on multiple Third Party Platforms. In addition to these Terms, Hosts are subject to the Host Services Agreement, which is incorporated by reference into these Terms.
Dormigo may provide Services to Guests that have responded to a Host's posting on a Third Party Platform. Dormigo or its third party vendors may assist guests or potential guests with questions regarding a listing or booking for a Guest's Accommodation, communicate with Guests regarding arrival and departure and provide 24-hour Guest support. Dormigo may also offer and arrange value-added services for Guests, such as concierge and ticketing services, from Dormigo or third party providers. In addition to these Terms, Guests are subject to the Guest Rules and Guest Services Agreement, which are incorporated by reference into these Terms.
Dormigo solely provides services to Hosts and Guests to facilitate a booking transaction between Host and Guest. Unless explicitly stated otherwise herein, Dormigo's responsibilities are limited to (1) assisting Hosts with optimizing the
listing and booking of Accommodations and (2) providing Guest support services.
In accordance with these Terms, you understand and agree that (1) Dormigo is not a real estate broker, agent, insurer, booking agent or hosting platform, nor is it an owner or
provider of Accommodations, transportation, travel services or other services provided by third parties through the Site or Service; (2) Dormigo is not a party to any agreement between a Third Party Platform and a Host or Guest or any agreement between a Host and a Guest; (3) Dormigo does not and cannot control the content contained in any listing or the condition, legality or suitability of any Accommodations; (4) Dormigo is not responsible for the compliance with any laws by you or any Third Party Platform; (5) Dormigo has no control over the conduct of Hosts, Guests and other uses of the Services or any Accommodations; and (6) as set forth in the Section entitled “Liability Limitations”, Dormigo is not responsible for and disclaims any and all liability related to any and all listings and Accommodations to the maximum extent permitted by law. Bookings will be made at the Host's and Guest's own risk.
The Host Services Agreement and the Guest Rules and Services Agreement may be updated from time to time at
The Site, Services and Content are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services, you represent and warrant that you are 18 or older.
Pursuant to 47 U.S.C. Section 230(d), we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
The Children’s Online Privacy Protection Act (“COPPA”) requires
License to Site and Services
Subject to your compliance with the terms
Dormigo reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or through the Services or provide you with notice of the modification. We will also update the “Last modified” date at the top of these Terms. By continuing to access or use the Site or the Services after we have posted a modification on the Site or through the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and the Services.
Registration with us through the Site, or through other means, such as signing one of our Service Agreements, is currently free; however, we reserve the right to levy registration fees in the future. In order to become a registered User you
will have to provide some basic personal information. Certain services and functionality will only be available to registered Users or registered Members.
You agree that all information supplied upon registration is true and accurate and will be kept up to date at all times. We will use the information provided to us to contact you.
You may not have more than one registration and we reserve the right at our discretion to delete or cancel the membership of any person who in our opinion possesses more than
one registration at any time.
You are not entitled to allow any other person to use your registration. You may not impersonate any other person in any registration whether or not that other person is a user of the Site or the Services.
We request that
Dormigo is committed to
By using the Services, you agree that Dormigo may collect and use technical data and related information, including but not limited to technical information about your device, system, application software and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any).
Use and General Prohibitions
and Dormigo Content are offered solely for a User's personal use and for the purposes described in these Terms. Any and all other uses are prohibited. Dormigo expressly reserves all its rights and remedies under applicable state and federal laws. Dormigo reserves the right, in its sole discretion, to refuse service, terminate memberships, remove or edit content, cancel reservations, or deny access to the Services.
Any information published by you on the Site, or any information provided to us by you that
we reasonably believe you intend to publish on any Third Party Platform, will be your personal responsibility. You will be personally liable for claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your content. You may not publish or provide any offensive, inaccurate, misleading, defamatory, fraudulent, or illegal content. If any such content is published or provided by you or if in our opinion any content is published by you which damages our goodwill or the goodwill attaching to the Site or Service we reserve the right at our discretion and without notice to take such action as we deem necessary including removing the content from the Site and terminating your membership.
In the event that you are informed that you will no longer be entitled to access the services, you will not be entitled to register again and you will no longer have permission to use the Site or Service.
You agree not to (and not to allow any third party to):
copy, sell, resell, visit or otherwise exploit the Site or Services, or any portion thereof, for any commercial purpose without our express written consent.
Attempt to access or search the Site, Services or Dormigo Content or download Dormigo Content from
the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Dormigo or other generally available third party web browsers.
Use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or Dormigo Content, except as expressly authorized by Dormigo.
Rent, lease, copy, provide access to or sublicense any portion of the Services or Dormigo Content to a third party.
Reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Dormigo).
Modify any Services or Dormigo Content or create any derivative product from any of the foregoing.
Remove or obscure any proprietary or other notices contained in the Services or Dormigo Content.
Publicly disseminate information regarding the performance of the Services or Dormigo Content or access or use the Services or Dormigo Content for competitive analysis or benchmarking purposes.
Post, upload, publish,
submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) promotes illegal or harmful activities or substances; or (viii) is inaccurate or untrue.
Collect or store any personally identifiable information from the Site or Services from other Members of the Site or Services without their express permission.
Impersonate or misrepresent your affiliation with any person or entity.
Interfere with, or attempt to interfere with, the access of any Member, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or
mail-bombing the Site or Services.
Use the Services or Dormigo Content for any illegal purpose.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS OF THE SITE AND SERVICES AND YOU WILL EXERCISE CAUTION, DISCRETION, COMMON SENSE AND JUDGMENT IN, USING THE
DORMIGO IS NOT RESPONSIBLE, AND DISCLAIMS ALL RESPONSIBILITY, FOR THE USE OR EXCHANGE OF ANY INFORMATION AMONG MEMBERS. DORMIGO IS NOT RESPONSIBLE FOR ANY DAMAGE OR DESTRUCTION TO ANY ACCOMMODATION, DAMAGE TO PERSONAL PROPERTY OR PERSONAL INJURY TO A HOST OR GUEST.
Advertising and Commercial Use
Users of the Site or Services are not entitled to directly advertise to or solicit
the custom of other users without our express written consent.
You are not entitled to resell or commercially exploit the Site's contents other than content you have posted. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect user names, e-mail addresses or any other data for the purposes of sending unsolicited e-mail or for any other use. In the event that you are found by us to have been sending unsolicited e-mail to our users in contravention of
the Privacy and Electronic Communications Regulations 2003, including without limitation obtaining access to e-mail addresses from our Site, then we reserve the right to terminate without notice your use of the Site or Service without limiting any other rights and remedies we may have.
Marketing and Promotions
Dormigo reserves the right to modify the terms and conditions that govern any and all of the promotional offers sent via any channel without notice. Restrictions with respect to the validity and eligibility to any and all of the aforementioned promotional offers may apply and are subject to change without notice.
Dormigo will use reasonable efforts to make the Services available at all times. However, you acknowledge the Services are
Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. Dormigo does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. NEITHER WE NOR OUR AFFILIATED COMPANIES NOR ANY OF OUR RESPECTIVE EMPLOYEES,
THIS DISCLAIMER OF WARRANTY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND SERVICES REMAINS WITH YOU. WE AND THE DORMIGO PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, INCLUDING
IN NO EVENT WILL WE, THE DORMIGO PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE OR USE OF THE SERVICES.
IN ADDITION TO
NONE OF THE FOREGOING PARTIES SHALL
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU SHOULD
Waiver of Class Action Rights
IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER
You agree to defend, indemnify, hold harmless Dormigo, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders from and against all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) your access to or use of the Site and Services, (2) any Member Content submitted by you and (3) any breach or alleged breach by
Term and Termination
This Agreement is effective from the first date you use the Site and Services. Upon receipt of an email by you to us cancelling your registration, we will terminate your registration within 30 days. Dormigo may terminate or revise these terms at any time with or without notice. The provisions and all obligations of and restrictions on you and any User with respect to the Services shall survive any termination of these Terms.
You agree that Dormigo, in its sole and
absolute discretion, may terminate your account (or any part thereof) or your use of the Service, for any reason, including for lack of use or if Dormigo believes that you have violated or acted inconsistently with the spirit of these Terms. Dormigo may, also, in its sole and absolute discretion, and at any time, discontinue providing the Services, or any part thereof, with or without notice.
You agree that any termination of your access to the Services under any provision of these Terms may be effected
without prior notice, and you acknowledge and agree that Dormigo may immediately deactivate or delete your account and all related information and files in your account and prohibit any further access to all files or the Services by you; however, we do not guarantee that all information posted or provided by you will be deleted from the Site or other Third Party Platform. Further, you agree that Dormigo shall not be liable to you or any third party for any termination of your access to the Site or Services.
Intellectual Property Rights
The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other
content made available through the Services (collectively, the “Dormigo Content”) are provided to User by Dormigo or its partners or licensors solely to support User's permitted use of the Services. Dormigo may modify Dormigo Content from time to time in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or Dormigo Content by User shall constitute a material breach of this Agreement. Dormigo and its partners or licensors retain all rights in the Services and Dormigo Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Dormigo or any third party is granted under this Agreement. As a Member, you may post, upload, publish, submit or transmit text, graphics, images, information or other materials to be made available through the Site and Services (“Member Content”, together with Dormigo Content, the “Content”). By making available any Member Content through the Site and Services, you hereby grant to Dormigo a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Member Content only on, through or by means of the Site and the Services. Dormigo 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 or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Dormigo 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 any other person's use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not screen Member Content (including content relating to Accommodations or other information posted by Hosts or Guests) or information on the Site
and we cannot give any assurance as to its accuracy or completeness. Additionally, while we may utilize information provided to us by you through means outside the Site (e.g., emails, information forms), we do not necessarily review such information for violations of law, and assume no responsibility for inadequately doing so. Users of this Site or Services are expressly asked not to publish or provide any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content is contrary to our policy. We do not accept liability in respect of such content. The user responsible will be personally liable for any damages or other liability arising from such content and you agree to indemnify us in relation to any liability we may suffer as a result of any such content.
The Site may include links to other web sites or material, which are beyond our control. We are not responsible for content on any site outside the Site.
Dormigo respects the intellectual property rights of third parties. If you are a copyright owner or an agent thereof and believe that any of the Services or any content infringes upon your copyrights, you may notify our copyright agent in writing pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”). The contact information for our copyright agent is at the bottom of this Section.
In order for us to take action, your notice must include the following information:
Identify the copyrighted work that you believe is being infringed;
Identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;
Provide us with your full name, mailing address,
telephone number and email address;
Provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services;
Provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed; and
Provide your physical or electronic signature.
designated copyright agent to receive notifications of claimed infringement is:
420 W Huron St #102
Chicago, IL 60654
Only DMCA notices should go to the copyright agent. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. We suggest that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA. Any other feedback, comments, requests for technical support, and other communications should be directed to our customer service. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Any notices or other communications
Governing Law and Compliance with Law
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Your use of the Services may also be subject to other local, state, national and international laws. For example, some jurisdictions
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) (“Disputes”) between you and Dormigo or their successors or assigns shall exclusively be settled through binding and confidential arbitration, except that each party retains the right to bring an individual action in small claims court and 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 Dormigo are each waiving the right to a trial by jury or to participate as a plaintiff or class member, Pursuant to Section P, in any purported class action or representative proceeding. Further, unless both you and Dormigo 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.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution”
section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section and not any state arbitration law.
Notwithstanding anything to the contrary herein, if Dormigo 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 to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last modified” date above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Dormigo 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).
If you have any questions or comments
420 W Huron St #102,
Chicago, IL 60654
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