Terms of Service
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the EntryG8 Platform, you agree to comply with and be bound by these Terms of Service.
Please note: Section 19 of these Terms of Service contains an arbitration clause and class action waiver that applies to all EntryG8 Members. This provision applies to all disputes with EntryG8. It affects how disputes with EntryG8 are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Last Updated: August 9, 2018
Thank you for using EntryG8!
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and EntryG8 (as defined below) governing your access to and use of the EntryG8 website, including any subdomains thereof, and any other websites through which EntryG8 makes the EntryG8 Services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "EntryG8 Services"). The Site, Application and EntryG8 Services together are hereinafter collectively referred to as the ‚ÄúEntryG8 Platform‚Äù.
Policies referenced in these Terms and Conditions, if not already available on the EntryG8.com website, are available upon request by contacting EntryG8.
When these Terms mention ‚ÄúEntryG8,‚Äù ‚Äúwe,‚Äù ‚Äúus,‚Äù or ‚Äúour,‚Äù it refers to the EntryG8, LLC company you are contracting with. You are contracting with EntryG8, LLC, Boise, ID 83712, United States.
Any and all payment processing services through or in connection with your use of the EntryG8 Platform ("Payment Services") are provided to you by one or more third party payment entities (individually and collectively, as appropriate, "EntryG8 Payments") as set out in the Payments Terms of Service ("Payments Terms").
Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services. For example, some states have laws that restrict their ability to host paying guests for short periods or provide certain Host Services. In many jurisdictions, Hosts may have to register, get a permit or obtain a license before preparing food or serving alcohol for sale. Hosts are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services they offer. Certain types of Host Services may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) and Host Service(s) on EntryG8, you should always seek legal guidance.
Table of Contents
1. Scope of EntryG8 Services
2. Eligibility, Using the EntryG8 Platform, Member Verification
3. Modification of these Terms
4. Account Registration
6. Service Fees
7. Terms specific for Hosts
8. Terms specific for Guests
9. Booking Modifications, Cancellations and Refunds, Resolution Center
10. Ratings and Reviews
11. Damage to Host‚Äôs Property, Disputes between Members
13. Rounding off, Currency conversion
15. Prohibited Activities
16. Term and Termination, Suspension and other Measures
20. Dispute Resolution and Arbitration Agreement
22. Applicable Law and Jurisdiction
23. General Provisions
1.1 The EntryG8 Platform is an online marketplace that enables registered users (‚ÄúMembers‚Äù) and certain third parties who offer services (Members and third parties who offer services are ‚ÄúHosts‚Äù and the services they offer are ‚ÄúHost Services‚Äù) to publish such Host Services on the EntryG8 Platform (‚ÄúListings‚Äù) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are ‚ÄúGuests‚Äù). Host Services may include the offering of access to and use of wild game habitat, fishing shoreline access, camping facilities, private back country airstrips, or other properties ("Accommodations"), single or multi-day activities in various categories (‚ÄúExperiences‚Äù), and a variety of other travel and non-travel related services.
1.2 As the provider of the EntryG8 Platform, EntryG8 does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. EntryG8 is not and does not become a party to or other participant in any contractual relationship between Members, nor is EntryG8 a real estate broker or insurer. EntryG8 is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, EntryG8 has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. EntryG8 does not endorse any Member, Listing or Host Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by EntryG8 about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to use an Accommodation, participate in an Experience or Event or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by EntryG8 of any Host or Listing.
1.4 If you choose to use the EntryG8 Platform as a Host, your relationship with EntryG8 is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of EntryG8 for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of EntryG8.
1.5 To promote the EntryG8 Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. EntryG8 cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The EntryG8 Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and noninfringement.
1.6 The EntryG8 Platform may contain links to third-party websites or resources (‚ÄúThird-Party Services‚Äù). Such Third-Party Services may be subject to different terms and conditions and privacy practices. EntryG8 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 EntryG8 of such Third-Party Services.
1.7 Due to the nature of the Internet, EntryG8 cannot guarantee the continuous and uninterrupted availability and accessibility of the EntryG8 Platform. EntryG8 may restrict the availability of the EntryG8 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 EntryG8 Platform. EntryG8 may improve, enhance and modify the EntryG8 Platform and introduce new EntryG8 Services from time to time.
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the EntryG8 Platform or register an EntryG8 Account. By accessing or using the EntryG8 Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Host Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 EntryG8 may make the access to and use of the EntryG8 Platform, or certain areas or features of the EntryG8 Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member‚Äôs 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 Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, 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). Positive verification by EntryG8 and a user‚Äôs return and EntryG8‚Äôs receipt of all necessary forms is required before a user qualifies for referral payment(s).
2.5 The access to or use of certain areas and features of the EntryG8 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 EntryG8 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.
2.6 If you access or download the Application from the Apple App Store, you agree to Apple‚Äôs Licensed Application End User License Agreement. Some areas of the EntryG8 Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
EntryG8 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 EntryG8 Platform and update the ‚ÄúLast Updated‚Äù date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the EntryG8 Platform will constitute acceptance of the revised Terms.
4.1 You must register an account ("EntryG8 Account") to access and use certain features of the EntryG8 Platform, such as publishing or booking a Listing. If you are registering an EntryG8 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.
4.2 You can register an EntryG8 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 EntryG8 Account and your SNS Account at any time, by accessing the "Settings" section of the EntryG8 Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your EntryG8 Account and public EntryG8 Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) EntryG8 Account unless EntryG8 authorizes you to do so. You may not assign or otherwise transfer your EntryG8 Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your EntryG8 Account credentials and may not disclose your credentials to any third party. You must immediately notify EntryG8 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 EntryG8 Account. You are liable for any and all activities conducted through your EntryG8 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).
5.1 EntryG8 may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the EntryG8 Platform ("Member Content"); and (ii) access and view Member Content and any content that EntryG8 itself makes available on or through the EntryG8 Platform, including proprietary EntryG8 content and any content licensed or authorized for use by or through EntryG8 from a third party ("EntryG8 Content" and together with Member Content, "Collective Content").
5.2 The EntryG8 Platform, EntryG8 Content, and Member 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 EntryG8 Platform and EntryG8 Content, including all associated intellectual property rights, are the exclusive property of EntryG8 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 EntryG8 Platform, EntryG8 Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of EntryG8 used on or in connection with the EntryG8 Platform and EntryG8 Content are trademarks or registered trademarks of EntryG8 in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the EntryG8 Platform, EntryG8 Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 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 EntryG8 Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or 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 EntryG8 or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, EntryG8 grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the EntryG8 Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the EntryG8 Platform, you grant to EntryG8 a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the EntryG8 Platform, in any media or platform. Unless you provide specific consent, EntryG8 does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 EntryG8 may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words "EntryG8.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the EntryG8 Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your EntryG8 Account is terminated or suspended for any reason. You acknowledge and agree that EntryG8 shall have the right to use any Verified Images in advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where EntryG8 is not the exclusive owner of Verified Images, by using such Verified Images on or through the EntryG8 Platform, you grant to EntryG8 an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. EntryG8 in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the EntryG8 Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the EntryG8 Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the EntryG8 Platform or you have all rights, licenses, consents and releases that are necessary to grant to EntryG8 the rights in and to 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 EntryG8's use of the Member Content (or any portion thereof) 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.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates EntryG8‚Äôs Content Policy or any other EntryG8 policy. EntryG8 may, without prior notice, remove or disable access to any Member Content that EntryG8 finds to be in violation of these Terms or EntryG8‚Äôs then-current Policies or Standards, or otherwise may be harmful or objectionable to EntryG8, its Members, third parties, or property.
5.9 EntryG8 respects copyright law and expects its Members to do the same. If you believe that any content on the EntryG8 Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
6.1 EntryG8 may charge fees to Hosts ("Host Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the EntryG8 Platform.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. EntryG8 reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Service Fees that you owe to EntryG8. The applicable Service Fees are due and payable and collected by EntryG8 Payments pursuant to the Payments Terms. Except as otherwise provided on the EntryG8 Platform, Service Fees are non-refundable.
6.4 The Host Service Fee is 10 percent (10%) of the Trespass Fee, excluding other fees and taxes, and is automatically deducted from the payout to the Host. For Hosts who were referred to EntryG8 by an independent, unaffiliated third-party, provided the Host has posted an active listing on the EntryG8 Platform, EntryG8 will pay up to 100 percent (100%) of the Host Service Fee to the Referring Party for booking payments that occur within a twelve-month period following the post. This ‚ÄúReferral Fee‚Äù is available for the Host‚Äôs first twelve months on EntryG8, is not renewable, is provided to a single referral entity, and is not transferrable.
6.5 The Guest Service Fee is 10 percent (10%) of the Trespass Fee, excluding other fees and taxes, and is paid directly by the Guest to EntryG8 at the time of booking.
6.6 The Guest must also pay the third-party payment service fee (e.g., PayPal, Visa, etc.) for the amount of the booking transaction. This amount is typically no more than 3 percent (3%).
7.1 When creating a Listing through the EntryG8 Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as property rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by EntryG8. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.2 You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (‚ÄúTrespass Fee‚Äù). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.
7.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Listing.
7.4 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Host Services. EntryG8 reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.5 The placement and ranking of Listings in search results on the EntryG8 Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.
7.6 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes, which will be collected pursuant to the Payments Terms.
7.7 EntryG8 recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular 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 Guest has booked for, if applicable) while staying at your Accommodation or participating in your Experience, Event or other Host Service.
7.8 You may only list one Accommodation per Listing.
7.9 If you choose to require a security deposit for your Accommodation, you must specify this in your Listing ("Security Deposit"). Hosts are not allowed to ask for a Security Deposit after a booking has been confirmed or outside of the EntryG8 Platform. EntryG8 will use commercially reasonable efforts to address Hosts‚Äô requests and claims related to Security Deposits, but EntryG8 is not responsible for administering or accepting any claims by Hosts related to Security Deposits.
7.10 You represent and warrant that any Listing you post and the booking of, or a Guest's use of, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable).
7.11 To list an Experience or other Host Service, you must create a Listing and submit the Experience or Host Service to EntryG8. To be considered for publishing on the EntryG8 Platform, Experiences or other Host Services must at all times meet the quality standards for Experiences and meet Guest demand. EntryG8 reserves the right to decide, in its sole discretion, if a submitted Experience or other Host Service will be published on the EntryG8 Platform.
7.12 When listing an Experience or other Host Service you must, where applicable, fully educate and inform Guests about (i) any risks inherent to the Experience or other Host Service, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Experience or other Host Service (including dress codes, equipment, special certifications or licenses, etc.).
7.13 If you wish to list an Experience on behalf of a Nonprofit (‚ÄúSocial Impact Experience‚Äù), you must comply with the eligibility requirements for hosting a Social Impact Experience. When listing a Social Impact Experience you (i) represent and warrant that you are duly authorized to act on behalf of your Nonprofit and (ii) acknowledge and agree that all payouts will be directed to an account owned by your Nonprofit. You and your Nonprofit acknowledge that listing a Social Impact Experience does not create a commercial fundraising or co-venturer, or charitable trust relationship with EntryG8 and EntryG8 is not a professional fundraiser or commercial participator. Nonprofits, and not EntryG8, are responsible for determining what, if any, portion of their Trespass Fee is a charitable contribution and for providing Guests charitable tax receipts for any applicable charitable contributions. You and your Nonprofit are solely responsible for complying with all laws that apply to your organization and your Social Impact Experience.
7.14 You represent and warrant that you (i) understand and comply with all laws, rules and regulations that may apply to your Experience or other Host Service(s), and (ii) will obtain any required licenses, permits, or registrations prior to providing your Experience or other Host Service(s).
7.15 You must provide an Experience or other Host Service in person and may not allow any third party to provide the Experience or other Host Service on your behalf, unless authorized by EntryG8.
8.1 Subject to meeting any requirements (such as completing any verification processes) set by the Host or EntryG8, you can book a Listing available on the EntryG8 Platform by following the respective booking process. All applicable fees, including the Trespass Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, ‚ÄúTotal Fees‚Äù) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your EntryG8 Account.
8.2 Upon receipt of a booking confirmation from EntryG8, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. EntryG8 Payments will collect the Total Fees at the time of the booking request or upon the Host‚Äôs confirmation pursuant to the Payments Terms.
8.3 If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience or other Host Service if accompanied by an adult who is responsible for them.
8.4 You understand that a confirmed booking is a limited license granted to you by the Host to enter, occupy and use the property described in the Listing for the duration of your stay, during which time the Host retains the right to re-enter the property, in accordance with your agreement with the Host.
8.5 You agree to leave the Host‚Äôs property no later than the departure time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon departure time without the Host's consent (‚ÄúOverstay‚Äù), you no longer have a license to stay at the Host‚Äôs property and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each period (e.g., hour for hourly Listings or day for daily Listings, or any portion thereof) that you Overstay, an additional fee of up to two (2) times the average Trespass Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, "Overstay Fees"). Overstay Fees for late departures on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. EntryG8 Payments will collect Overstay Fees from you pursuant to the Payments Terms. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest‚Äôs Overstay.
8.6 You should carefully review the description of any Experience or other Host Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. You are required to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest‚Äôs ability to safely participate in any Experience or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience or other Host Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience or other Host Service.
8.7 Before and during an Experience or other Host Service you must at all times adhere to the Hosts‚Äô instructions.
8.8 You may not bring any additional individuals to an Experience or other Host Service unless such an individual was added by you as an additional guest during the booking process on the EntryG8 Platform.
9.1 Hosts and Guests are responsible for any modifications to a booking that they make via the EntryG8 Platform or direct EntryG8 customer service to make ("Booking Modifications"), and agree to pay any additional Trespass Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
9.2 Guests can cancel a confirmed booking at any time subject to the Listing‚Äôs cancellation policy, and EntryG8 Payments will provide any refund to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any amounts due to the Host under the applicable cancellation policy will be remitted to the Host by EntryG8 Payments pursuant to the Payments Terms.
9.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking and EntryG8 may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, EntryG8 may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking pursuant to EntryG8‚Äôs Extenuating Circumstances Policy or has legitimate concerns about the Guest‚Äôs behavior.
9.4 EntryG8 Experiences and Host Services are based upon outdoor recreational activities. As such, inclement weather may occur and neither Host nor Guest are obligated to cancel a booking. However, given that inclement weather may create an unsafe or uncomfortable scenario for Guests, Hosts may modify or cancel a Host Service. If there is a substantial change in the itinerary or the Host Service needs to be cancelled, EntryG8 will work with the Host to provide Guests an alternative date for the Host Service, an appropriate refund or a rebooking.
9.5 In certain circumstances, EntryG8 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 set forth in EntryG8's Extenuating Circumstances Policy or (i) where EntryG8 believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to EntryG8, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.6 If a Guest suffers a Travel Issue pursuant to the Guest Refund Policy, EntryG8 may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy.
9.7 Members may use the Resolution Center to send or request money for refunds, additional Host Services, or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your EntryG8 Account, and EntryG8 Payments will handle all such payments pursuant to the Payments Terms.
10.1 Within a certain timeframe after completing a booking, Guests and Hosts can leave a public review (‚ÄúReview‚Äù) and submit a rating (‚ÄúRating‚Äù) about each other. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of EntryG8. Ratings and Reviews are not verified by EntryG8 for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Guests and Hosts must be fair, truthful and factual and may not contain any offensive or defamatory language. Ratings and Reviews must comply with EntryG8‚Äôs Content Policy and Extortion Policy.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another Member.
11.1 As a Guest, you are responsible for leaving the Host‚Äôs property (including any personal or other property located at the Listing location) 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 Host‚Äôs property, excluding the Host (and the individuals the Host invites to the Host‚Äôs property, if applicable).
11.2 If a Host claims and provides evidence that you as a Guest have damaged the Host‚Äôs property or any personal or other property at a Listing location ("Damage Claim"), the Host can seek payment from you through the Resolution Center. If a Host escalates a Damage Claim to EntryG8, you will be given an opportunity to respond. If you agree to pay the Host, or EntryG8 determines in its sole discretion that you are responsible for the Damage Claim, EntryG8 Payments will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. EntryG8 also reserves the right to otherwise collect payment from you and pursue any remedies available to EntryG8 in this regard in situations in which you are responsible for a Damage Claim.
11.3 Members agree to cooperate with and assist EntryG8 in good faith, and to provide EntryG8 with such information and take such actions as may be reasonably requested by EntryG8, in connection with any Damage Claims or other complaints or claims made by Members relating to Host‚Äôs property or any personal or other property located at Listing location or Experiences. A Member shall, upon EntryG8's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by EntryG8 or a third party selected by EntryG8 or its insurer, with respect to losses for which a Member is requesting payment from EntryG8.
11.4 If you are a Guest, you understand and agree that EntryG8 may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to Host‚Äôs property or any personal or other property located at a Listing location. You agree to cooperate with and assist EntryG8 in good faith, and to provide EntryG8 with such information as may be reasonably requested by EntryG8, to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as EntryG8 may reasonably request to assist EntryG8 in accomplishing the foregoing.
12.1 Account Registration
12.1.1 In order to use the Payment Services, you must have an EntryG8 Account in good standing. If you or EntryG8 closes your EntryG8 Account for any reason, you will no longer be able to use the Payment Services.
12.1.2 You may authorize a third party to use your EntryG8 Account in accordance with the EntryG8 Terms. You acknowledge and agree that anyone you authorize to use your EntryG8 Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
12.2. Payment Methods and Payout Methods
12.2.1 When you add a Payment Method or Payout Method to your EntryG8 Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to EntryG8 Payments or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times. The information required for Payout Methods will include:
¬∑ for direct deposit, your address, name on the account, account type, routing number, and account number;
¬∑ for PayPal, your address, email address, and payout currency; and
12.2.2 When you add or use a new Payment Method, EntryG8 Payments may verify the Payment Method by authorizing a nominal amount, not to exceed one dollar ($1). For further verification, we may also (i) authorize your Payment Method for one or two additional nominal amounts, each not to exceed two dollars ($2), and ask you to confirm these amounts, or (ii) require you to upload a billing statement. When you add a Payment Method during checkout, we will automatically save that Payment Method to your EntryG8 Account so it can be used for a future transaction.
12.2.3 To verify your Payout Method, EntryG8 Payments may send one or more payments of nominal amounts to your Payout Method. We may, and retain the right to, initiate refunds of these amounts from your Payout Method.
12.2.4 Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and EntryG8 Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.
12.2.5 You authorize EntryG8 Payments to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method‚Äôs account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your EntryG8 Account.
12.2.6 You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. EntryG8 Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.
12.3 Financial Terms for Hosts
12.3.1 Generally speaking, EntryG8 Payments will collect the Total Fees from a Guest at the time the Guest‚Äôs booking request is accepted by the host, or at any other time mutually agreed between the Guest and EntryG8 Payments.
184.108.40.206 In order to receive a Payout you must have a valid Payout Method linked to your EntryG8 Account. EntryG8 Payments will generally initiate Payouts to your selected Payout Method: (i) within 24 hours of the start of the Experience; and (ii) for all other Host Services at the time specified via the EntryG8 Platform. In certain jurisdictions or instances, EntryG8 Payments may offer you a different time or trigger for payment. The time it takes to receive Payouts once released by EntryG8 Payments may depend upon the Payout Method you select. EntryG8 Payments may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
220.127.116.11 Your Payout for a booking will be the Trespass Fee less applicable Host Fees, Service Fees, and Taxes.
18.104.22.168 EntryG8 Payments will remit your Payouts in U.S. Dollars.
22.214.171.124 For compliance or operational reasons, EntryG8 Payments may limit the value of each individual Payout. If you are due an amount above that limit, EntryG8 may initiate a series of Payouts (potentially over multiple days) in order to provide your full payout amount.
12.4 Financial Terms for Guests
12.4.1 You authorize EntryG8 Payments to charge your Payment Method the Total Fees for any booking requested in connection with your EntryG8 Account. EntryG8 Payments will collect the Total Fees in the manner agreed between you and EntryG8 Payments via the EntryG8 Platform. EntryG8 Payments will generally collect the Total Fees after the Host accepts your booking request. EntryG8 Payments may offer alternative options for the timing and manner of payment; any additional fees for using offered payment options will be displayed via the EntryG8 Platform and included in the Total Fees, and you agree to pay such fees by selecting the payment option. If EntryG8 Payments is unable to collect the Total Fees as scheduled, EntryG8 Payments will collect the Total Fees at a later point. Once the payment transaction for your requested booking is successfully completed you will receive a confirmation email.
12.4.2 When you request to book a Listing, EntryG8 Payments may also (i) obtain a pre-authorization via your Payment Method for the Total Fees or (ii) charge or authorize your Payment Method a nominal amount, not to exceed one dollar ($1) to verify your Payment Method.
12.4.3 If a requested booking is cancelled either because it is not accepted by the Host or you cancel the booking request before it is accepted by the Host, any amounts collected by EntryG8 Payments will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
12.4.4 You authorize EntryG8 Payments to perform the Payment Method verifications described in Sections 12.2 and 12.4, and to charge your Payment Method for any bookings made in connection with your EntryG8 Account. You hereby authorize EntryG8 Payments to collect any amounts due by charging the Payment Method provided at checkout, either directly by EntryG8 Payments or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the EntryG8 Platform (such as gift cards).
12.4.5 If EntryG8 Payments is unable collect any amounts due via your selected Payment Method, you authorize EntryG8 Payments to charge any other Payments Methods on file in your EntryG8 Account (unless you have previously removed the authorization to charge such Payment Method(s)). You also authorize EntryG8 Payments to charge any Payment Method on file in your EntryG8 Account in the event of a Damage Claim pursuant to Section 12.11 (‚ÄúDamage to Host‚Äôs Property and Security Deposits‚Äù).
12.4.6 If you Overstay at an Accommodation, you authorize EntryG8 Payments to charge any Payment Method(s) you have on file in your EntryG8 Account to collect Overstay Fees payable under the EntryG8 Terms. In addition, EntryG8 Payments may recover any costs and expenses it incurs in collecting the Overstay Fees by charging any Payment Method(s) you have on file in your EntryG8 Account.
12.4.7 EntryG8 Payments is not responsible for any fees that a Guest‚Äôs third-party payment service provider may impose when EntryG8 Payments charges the Guest‚Äôs Payment Method, and EntryG8 Payments disclaims all liability in this regard.
12.5. Appointment of EntryG8 Payments as Limited Payment Collection Agent
12.5.1 Each Member collecting payment for services provided via the EntryG8 Platform (such as Host Services, or transactions facilitated through the Resolution Center) (‚ÄúProviding Member‚Äù) hereby appoints EntryG8 Payments as the Providing Member‚Äôs payment collection agent solely for the limited purpose of accepting funds from Members purchasing such services (‚ÄúPurchasing Members‚Äù).
12.5.2 Each Providing Member agrees that payment made by a Purchasing Member through EntryG8 Payments, shall be considered the same as a payment made directly to the Providing Member, and the Providing Member will provide the purchased services to the Purchasing Member in the agreed-upon manner as if the Providing Member has received the payment directly from the Purchasing Member. Each Providing Member agrees that EntryG8 Payments may refund the Purchasing Member in accordance with the EntryG8 Terms. Each Providing Member understands that EntryG8 Payments‚Äô obligation to pay the Providing Member is subject to and conditional upon successful receipt of the associated payments from Purchasing Members. EntryG8 Payments will make payments to Providing Members only for such amounts that have been successfully received by EntryG8 Payments from Purchasing Members in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Providing Member, EntryG8 Payments assumes no liability for any acts or omissions of the Providing Member.
12.5.3 Each Purchasing Member acknowledges and agrees that, notwithstanding the fact that EntryG8 Payments is not a party to the agreement between you and the Providing Member, EntryG8 Payments acts as the Providing Member‚Äôs payment collection agent for the limited purpose of accepting payments from you on behalf of the Providing Member. Upon your payment of the funds to EntryG8 Payments, your payment obligation to the Providing Member for the agreed upon amount is extinguished, and EntryG8 Payments is responsible for remitting the funds to the Providing Member in the manner described in these Payments Terms, which constitute EntryG8 Payments‚Äô agreement with the Purchasing Member. In the event that EntryG8 Payments does not remit any such amounts, the Providing Member will have recourse only against EntryG8 Payments and not the Purchasing Member directly.
12.6 General Financial Terms
12.6.1 Service Fees and Other Fees
126.96.36.199 EntryG8 Payments collects the Service Fees charged by EntryG8 pursuant to the EntryG8 Terms. Where applicable, EntryG8 Payments may also collect Taxes in respect of the Host Fees and Guest Fees. EntryG8 Payments deducts the Host Fees from the Trespass Fees before remitting the Payout to the Host as described in these Payments Terms. Guest Fees are included in the Total Fees collected by EntryG8 Payments.
188.8.131.52 EntryG8 Payments may charge additional fees for use of certain Payment Services and any applicable fees will be disclosed to Members via the EntryG8 Platform.
12.6.2 Cancellations and Refunds
184.108.40.206 If a Guest cancels a confirmed booking, EntryG8 Payments will refund the amount of the Total Fees due to the Guest pursuant to the Listing‚Äôs cancellation policy and as otherwise in accordance with the EntryG8 Terms (including the Guest Refund Policy or Extenuating Circumstances Policy). EntryG8 Payments will also initiate a Payout of any portion of the Total Fees due to the Host under the applicable cancellation policy.
220.127.116.11 If a Host cancels a confirmed booking, EntryG8 Payments will provide the Guest a full refund of the Total Fees within a commercially reasonable time of the cancellation. In some instances, EntryG8 may allow the Guest to apply the refund to a new booking, in which case EntryG8 Payments will credit the amount against the Guest‚Äôs subsequent booking at the Guest‚Äôs direction.
18.104.22.168 If, as a Host, you cancel a confirmed booking, you agree that EntryG8 Payments may collect any cancellation fees imposed pursuant to the EntryG8 Terms. In these instances, EntryG8 Payments will treat your cancellation as a payment authorization.
22.214.171.124 If a Host modifies or cancels an Experience or other Host Service, EntryG8 Payments will provide Guests a refund in accordance with the EntryG8 Terms.
126.96.36.199 All refunds may be subject to the EntryG8 Terms, Extenuating Circumstances Policy, and Guest Refund Policy. If a Guest or EntryG8 decides for any reason to cancel a confirmed booking pursuant to the EntryG8 Terms, Guest Refund Policy, or Extenuating Circumstances Policy, you agree that EntryG8 Payments will not have any liability for such cancellations or refunds aside from its obligations to remit refunds or Payouts pursuant to these Payments Terms.
188.8.131.52 If, as a Host, your Guest cancels a confirmed booking or EntryG8 decides that it is necessary to cancel a confirmed booking, and EntryG8 issues a refund to the Guest in accordance with the Guest Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, EntryG8 Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
12.6.3 Resolution Center
You agree that EntryG8 Payments may collect from you any amount paid through the Resolution Center in connection with your EntryG8 Account by charging the Payment Method associated with the relevant booking or any other Payment Method on file in your EntryG8 Account, or by withholding the amount from your future Payouts. EntryG8 Payments will process such payments otherwise in accordance with these Payments Terms.
12.7 Rounding Off
EntryG8 Payments may, in its sole discretion, round up or round down amounts that are payable from or to Members to the nearest whole functional base unit in which the currency is denominated (i.e., to the nearest dollar); for example, EntryG8 Payments may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
12.8 Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount.
12.9 Booking Modifications
If, as a Guest, you owe additional amounts to EntryG8 due to a Booking Modification, you agree that EntryG8 Payments may collect such amounts by charging the Payment Method used to make your booking (or, if that Payment Method is not available, through any other authorized Payment Method in your EntryG8 Account). If, as a Host, you owe EntryG8 any amounts due to a Booking Modification, you agree that EntryG8 Payments may collect those amounts pursuant to Section 12.3 (‚ÄúFinancial Terms for Hosts‚Äù) and as otherwise permitted under these Payments Terms.
If EntryG8 Payments is unable to collect any amounts you owe under these Payments Terms, EntryG8 Payments may engage in collection efforts to recover such amounts from you. EntryG8 Payments will deem any owed amounts overdue when: (a) for authorized charges, ninety (90) days have elapsed after EntryG8 Payments first attempts to charge the Member‚Äôs Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host‚Äôs future Payouts, one hundred and eighty (180) days have elapsed after the adjustment is made to the Host‚Äôs account or the associated services have been provided, whichever is later. Any overdue amounts not collected within one hundred and eighty (180) days after they become overdue will be deemed to be in default. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to EntryG8 and/or EntryG8 Payments by you. Such communication may be made by EntryG8, EntryG8 Payments, or by anyone on their behalf, including but not limited to a third-party collection agent.
12.11 Damage to Host‚Äôs Property and Security Deposits
12.11.1 If you as a Guest (i) agree to pay the Host in connection with a Damage Claim, or (ii) EntryG8 determines that you are responsible for damaging an Accommodation or any personal or other property located at an Accommodation pursuant to the EntryG8 Terms, you authorize EntryG8 Payments to charge the Payment Method used to make the booking in order to collect any Security Deposit associated with the Listing, as well as any amount of the Damage Claim exceeding any Security Deposit. If the Listing does not have a Security Deposit, EntryG8 Payments may charge the Payment Method used to make the booking for the amount of the Damage Claim. If we are unable to collect from your Payment Method used to make the booking, you agree that EntryG8 Payments may charge any other Payment Method on file (and not otherwise unauthorized) in your EntryG8 Account at the time of the Damage Claim.
12.11.2 EntryG8 Payments also reserves the right to otherwise collect payment from you and pursue any remedies available to EntryG8 Payments in situations in which you are responsible for a Damage Claim.
12.11.3 Security Deposits, if required by a Host, may be applied to any Overstay Fees due from a Guest.
13. Rounding off, Currency conversion
13.1 EntryG8 may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest U.S. dollar); for example, EntryG8 will round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00. For currencies that are denominated in large numbers, EntryG8 may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; for example, EntryG8 may round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 837,500 up to 838,000 and 837,499 down to 837,000.
13.2 The EntryG8 Platform facilitates bookings between Guests and Hosts who may prefer to pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the EntryG8 Platform allows Members to view the price of Listings in a number of currencies, the currencies available for Members to make and receive payments may be limited, and may not include the default currency in any given geographic location. Details regarding currency conversion, including any associated fees, are detailed in the Payments Terms.
14.1 As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Trespass Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").
14.2 Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
14.3 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Listing is located may require Taxes to be collected from Guests or Hosts on Trespass 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 Trespass Fees set by Hosts, a set amount per day, or other variations, and are sometimes called "transient occupancy taxes," "lodging taxes," "room taxes," or "tourist taxes" ("Occupancy Taxes").
14.4 In certain jurisdictions, EntryG8 may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Hosts, in accordance these Terms ("Collection and Remittance") if such jurisdiction asserts EntryG8 or Hosts have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize EntryG8 (via EntryG8 Payments) to collect Occupancy Taxes from Guests on the Host's behalf at the time Trespass Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected and remitted by EntryG8 will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Where EntryG8 is facilitating Collection and Remittance, Hosts are not permitted to collect any Occupancy Taxes being collected by EntryG8 relating to their Listings in that jurisdiction.
14.5 You agree that any claim or cause of action relating to EntryG8's facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by EntryG8 in connection with facilitation of Collection and Remittance, 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 EntryG8 from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
14.6 EntryG8 reserves the right, with prior notice to Hosts, to cease the Collection and Remittance in any jurisdiction for any reason at which point Hosts and Guests are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Listings in that jurisdiction.
15.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the EntryG8 Platform. In connection with your use of the EntryG8 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, Policies or Standards;
- use the EntryG8 Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies EntryG8 endorsement, partnership or otherwise misleads others as to your affiliation with EntryG8;
- use the EntryG8 Platform in connection with the distribution of unsolicited commercial messages ("spam");
- offer, as a Host, any Listing that you do not yourself own or have permission to make available as a residential or other property through the EntryG8 Platform;
- unless EntryG8 explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
- contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member's use of the EntryG8 Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- use the EntryG8 Platform to request, make or accept a booking independent of the EntryG8 Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Trespass Fees outside of the EntryG8 Platform or EntryG8 Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold EntryG8 harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
- use, display, mirror or frame the EntryG8 Platform or Collective Content, or any individual element within the EntryG8 Platform, EntryG8's name, any EntryG8 trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the EntryG8 Platform, without EntryG8's express written consent;
- dilute, tarnish or otherwise harm the EntryG8 brand in any way, including through unauthorized use of Collective Content, registering and/or using EntryG8 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 EntryG8 domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the EntryG8 Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by EntryG8 or any of EntryG8's providers or any other third party to protect the EntryG8 Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the EntryG8 Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the EntryG8 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‚Äôs rights or otherwise cause harm to anyone.
15.2 You acknowledge that EntryG8 has no obligation to monitor the access to or use of the EntryG8 Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the EntryG8 Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members‚Äô 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; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist EntryG8 in good faith, and to provide EntryG8 with such information and take such actions as may be reasonably requested by EntryG8 with respect to any investigation undertaken by EntryG8 or a representative of EntryG8 regarding the use or abuse of the EntryG8 Platform.
15.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to EntryG8 by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
16.1 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 EntryG8 terminate the Agreement in accordance with this provision.
16.2 You may terminate this Agreement at any time via the "Cancel Account" feature on the EntryG8 Platform or by sending us an email. If you cancel your EntryG8 Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your EntryG8 Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing‚Äôs cancellation policy.
16.3 Without limiting our rights specified below, EntryG8 may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
16.4 EntryG8 may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) EntryG8 believes in good faith that such action is reasonably necessary to protect the personal safety or property of EntryG8, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
16.5 In addition, EntryG8 may take any of the following measures (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 during the EntryG8 Account registration, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or EntryG8 otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) EntryG8 believes in good faith that such action is reasonably necessary to protect the personal safety or property of EntryG8, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the EntryG8 Platform;
- temporarily or permanently revoke any special status associated with your EntryG8 Account; or
- temporarily or in case of severe or repeated offenses permanently suspend your EntryG8 Account.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by EntryG8 and an opportunity to resolve the issue to EntryG8's reasonable satisfaction.
16.6 If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
16.7 When this Agreement has been terminated, you are not entitled to a restoration of your EntryG8 Account or any of your Member Content. If your access to or use of the EntryG8 Platform has been limited or your EntryG8 Account has been suspended or this Agreement has been terminated by us, you may not register a new EntryG8 Account or access and use the EntryG8 Platform through an EntryG8 Account of another Member.
16.8 If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use the EntryG8 Platform or Collective Content, you do so voluntarily and at your sole risk. The EntryG8 Platform and Collective Content is provided ‚Äúas is‚Äù, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the EntryG8 Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by EntryG8 relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, 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 Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Experiences or other Host Services may carry inherent risk, and by participating in those Host Services, you choose to assume those risks voluntarily. For example, some Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. You assume full responsibility for the choices you make before, during and after your participation in a Host Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Host Service and to the maximum extent permitted by law, you agree to release and hold harmless EntryG8 from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service.
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.
18.1 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 EntryG8 Platform and Collective Content, your publishing or booking of any Listing via the EntryG8 Platform, your use of any Host‚Äôs property, participation in any Experience or use of any other Host Service or any other interaction you have with other Members whether in person or online remains with you. Neither EntryG8 nor any other party involved in creating, producing, or delivering the EntryG8 Platform or Collective Content 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 EntryG8 Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the EntryG8 Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing‚Äôs Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not EntryG8 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. In no event will EntryG8‚Äôs aggregate liability arising out of or in connection with these Terms and your use of the EntryG8 Platform including, but not limited to, from your publishing or booking of any Listings via the EntryG8 Platform, or from the use of or inability to use the EntryG8 Platform or Collective Content and in connection with any Host‚Äôs property, Experiences or other Host Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the EntryG8 Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by EntryG8 to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between EntryG8 and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
You agree to release, defend (at EntryG8‚Äôs option), indemnify, and hold EntryG8 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 EntryG8 Platform or any EntryG8 Services, (iii) your interaction with any Member, stay at or use of a Host‚Äôs property, participation in an Experience or other Host Service, 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, (iv) EntryG8‚Äôs Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
20.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against EntryG8 in the United States (to the extent not in conflict with Section 21).
20.2 Overview of Dispute Resolution Process. EntryG8 is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with EntryG8‚Äôs customer service team, and (2) a binding arbitration administered by the American Arbitration Association (‚ÄúAAA‚Äù) using its specially designed Consumer Arbitration Rules (as modified by this Section 19). Specifically, the process provides:
- Claims can be filed with AAA online (www.adr.org);
- Arbitrators must be neutral and no party may unilaterally select an arbitrator;
- Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
- Parties retain the right to seek relief in small claims court for certain claims, at their option;
- The initial filing fee for the consumer is capped at $200;
- The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
- The arbitrator can grant any remedy that the parties could have received in court to resolve the party‚Äôs individual claim.
20.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and EntryG8 each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact EntryG8‚Äôs customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
20.4 Agreement to Arbitrate. You and EntryG8 mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the EntryG8 Platform, the Host Services, or the Collective Content (collectively, ‚ÄúDisputes‚Äù) will be settled by binding arbitration (the ‚ÄúArbitration Agreement‚Äù). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and EntryG8 agree that the arbitrator will decide that issue.
20.5 Exceptions to Arbitration Agreement. You and EntryG8 each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party‚Äôs copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
20.6 Arbitration Rules and Governing Law. This Arbitration Agreement 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 AAA in accordance with the Consumer Arbitration Rules (the ‚ÄúAAA Rules‚Äú) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1‚Äì800‚Äì778‚Äì7879.
20.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, EntryG8 agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in Ada County, Idaho; (c) in any other location to which you and EntryG8 both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
20.8 Modification of AAA Rules - Attorney‚Äôs Fees and Costs. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, EntryG8 agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys‚Äô fees and expenses if it prevails in arbitration.
20.9 Arbitrator‚Äôs Decision. The arbitrator‚Äôs 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 with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant‚Äôs individual claim.
20.10 Jury Trial Waiver. You and EntryG8 acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
20.11 No Class Actions or Representative Proceedings. You and EntryG8 acknowledge and agree that we are each waiving the right 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 as to all Disputes. Further, unless you and EntryG8 both otherwise agree in writing, the arbitrator may not consolidate more than one party‚Äôs claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
20.12 Severability. In the event that any portion of this Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Agreement shall be given full force and effect.
20.13 Changes. Notwithstanding the provisions of Section 3 (‚ÄúModification of these Terms‚Äù), if EntryG8 changes this Section 19 (‚ÄúDispute Resolution and Arbitration Agreement‚Äù) after the date you last 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 thirty (30) days of the date such change became effective, as indicated in the ‚ÄúLast Updated‚Äù date above or in the date of EntryG8‚Äôs email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and EntryG8 in accordance with the provisions of the ‚ÄúDispute Resolution and Arbitration Agreement‚Äù section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
20.14 Survival. Except as provided in Section 19.12 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the EntryG8 Platform or terminate your EntryG8 Account.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the EntryG8 Platform (‚ÄúFeedback‚Äú). You may submit Feedback by emailing us, through the ‚ÄúContact‚Äù section of the EntryG8 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.
22.1 These Terms will be interpreted in accordance with the laws of the State of Idaho and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) must be brought in state or federal court in Boise, Idaho, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Boise, Idaho.
23.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between EntryG8 and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between EntryG8 and you in relation to the access to and use of the EntryG8 Platform.
23.2 No joint venture, partnership, employment, or agency relationship exists between you and EntryG8 as a result of this Agreement or your use of the EntryG8 Platform.
23.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
23.4 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.
23.5 EntryG8‚Äôs 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.
23.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without EntryG8's prior written consent. EntryG8 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.
23.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by EntryG8 via email or EntryG8 Platform notification.
23.8 If you have any questions about these Terms please email us at email@example.com.