Effective Date: April 19, 2019
The Site is a marketplace to assists medical providers who are traveling for business with locating short-term housing. We do not endorse any particular user or accommodation and we are not a party to user transactions. The agreement for providing the service (accommodation) is solely between the Guest and the Host. We do not own or operate accommodations. Our role is limited to providing a neutral platform to connect users to each other. We are not responsible for how users use our Site. It is your sole responsibility to take adequate safety precautions. We recommend the Hosts have appropriate insurance policies.
Transacting outside the Site to avoid paying the Site service fees is strictly prohibited.
Hosts cannot discriminate against or harass anyone based on 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, violent, harmful, or disruptive behavior.
Booking & Payments
There are two types of user accounts:
- Guests - medical providers who want to find and book housing.
- Hosts - those who list their accommodation and make it available for booking.
- Once a booking is confirmed on the Site, a legally binding agreement is formed between the Guest and the 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.
- The Site does not handle security deposits. If the Host wants to collect a security deposit, the listing description must specify that. The Site is not responsible for monetary transactions between Hosts and Guests, and for any disputes related to security deposits.
- Guests will be charged a Service Fee (based on reservation amount) and Hosts will be charged a Host fee to cover payment processing costs. The Site will collect the full payment from the Guest, plus the Service Fee, then disburse the reservation amount minus the Host fee to the Host.
- The Site uses Paypal as the 3rd party payment processor. Hosts are solely responsible for determining their tax obligations. Any prices posted to The Site must include applicable taxes.
- After the stay is complete, Guests and Hosts can leave reviews for each other. You must only submit truthful and not misleading reviews.
- Our Content. All Site contents, registered and unregistered trademarks, designs, information and images (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected internationally under trademark, copyright and other intellectual property laws. You obtain no interest in that Intellectual Property, provided, however, that you may download and view or print a copy of materials on this Site for personal, non-commercial use as long as you do not modify any content (including any copyright notice) in any way. All rights not expressly granted under these Terms are reserved by us. Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property.
- Your Content. What’s your remains yours. You retain all rights to the content you submit (e.g. property photos, reviews & suggestions), provided, however, that, by submitting content to us, you grant us license to publicly display your content and utilize your suggestions, without compensation to you.
By using this Site, you represent, warrant and agree that:
- You are at least 18 years of age and have a full capacity to form a legally binding contract
- If you list a property, you have the right to do so and to accept Guests.
- Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
- You will provide a valid payment method information when necessary and pay all sums due when due.
- You will only use the Site for legal purposes and you will remain responsible for complying with all laws applicable to your use of the Site.
- Our Site may contain typographical errors, erroneous ratings and other inaccuracies.
- All content you submit to or Site is free of third party intellectual property claims and contains no vulgar, profane, defamatory, abusive, racist or hateful materials. You will only submit true, complete and not misleading listings, reviews and other information to the Site. Submission of untruthful reviews or other content may result in account termination. We may reject or erase or edit any content submitted for any reason without prior notice to you, within our sole reasonable discretion.
- Our Site content may not be copied for republication, either online or on paper, without the prior express written permission from us.
- You will not submit unsolicited bulk or commercial messages ("spam") to our Site, Guests, Hosts or anyone else. Any unsolicited message must also not direct the recipient to any third party site or other resource. You must not use contact details for spam.
- You will not access our Site in order to gain a competitive advantage.
- We have the right to refuse access, service or disable your account on our Site at any time for any reason or no reason without notice, explanation or liability of any kind.
- You will not interfere with the proper working of the Site. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that infringes or violates another party's intellectual property rights and rights of privacy and publicity.
- As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
- Claims between Guests and Hosts for damage, injury, or any other disputes that arise during the term of the Booking are solely between the Guest and the Host. Medicalprolodging shall be held harmless for any liability resulting from claims of damage, injury, or any other disputes. Any and all claims and resolutions between Guests and Hosts shall be handled outside the Medicalprolodging platform.
Remedies for breach of these terms
- Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
Disclaimer of Warranty: Limitation of Liability
- YOUR PARTICIPATION ON THE SITE IT IS AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT ANY INFORMATION PROVIDED ON THE SITE IS COMPLETE, ACCURATE OR UP-TO-DATE. THE SITE AND ALL OF ITS CONTENT ARE PROVIDED “AS IS.” WE DO NOT WARRANT THAT THE ACCOMMODATIONS BOOKED WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. IN NO EVENT WILL WE, OUR EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, OR ANY ITEMS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, DEATH, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
- UNDER NO CIRCUMSTANCES WILL THE SITE BE LIABLE FOR ANY AMOUNTS EXCEEDING OUR SERICE FEE ACTUALLY RECEIVED BY US.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless the Site, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or in connection with (i) any content you submit to us, including without limitation, accommodation listings, reviews and images (ii) your breach of these Terms, any law or regulation, and (iii) your infringement of any intellectual property or privacy right of any person or entity. This indemnification provision shall apply to third-party claims as well as claims between you and us.
By accessing the Site, you agree that all matters relating to the use of the Site shall be governed by the laws of Texas without regard to its conflict of laws principles which would result in application of any other law. Courts located in Dallas, TX shall have jurisdiction.
- Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Site ("Communications"), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
- Assignment. We may transfer, assign or subcontract the rights, interests or obligations under the Terms, at our sole discretion, without obtaining your consent.
- Prevailing Language. In the event of any discrepancy between this English original of the Terms and any foreign language translation, this English original shall prevail.
Please direct your questions, comments or concerns to: firstname.lastname@example.org