Terms of Service
Last Updated: March 7, 2016
Introduction and Agreement
These Terms of Service apply to the services offered by National Corporate Housing, Inc. (“National”) in connection with the Nationalcorporatehousing.com, National-branded websites, affiliated websites that are both directly linked from this website and display a link to these Terms of Service, and related mobile applications (collectively the “Site”). Any individual who visits, views, accesses or uses any version of the Site, including through a bot or other automated means, (“You” or “User”) is bound by these Terms of Service. By using the Site, You represent and warrant that You are at least eighteen (18) years of age and You hereby agree to be bound by all of the following provisions of these Terms of Service, which form a legally binding contract between You and National. If You do not agree to these Terms of Service, You are prohibited from accessing the Site and must immediately discontinue use.
We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of these terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms periodically for changes. Your continued use of the Site following the posting of changes to this Agreement will mean you accept those changes. Please print and retain a copy of this Agreement, as it may be changed from time to time, for your records. By accessing the Site You do so on your own initiative and You are responsible for compliance with local laws, if and to the extent local laws are applicable.
By using the Site, you acknowledge that published rents, availabilities, and amenities are subject to change at the sole discretion of the property owner, manager, or sublandlord at any time and without further notice. We provide the material available through this Site for informational purposes only. You may use the content, information, data and materials from, and the products and services available through, this Site solely for Your use. Before You act on any such content, information, data and materials You have found on, or purchase any products or services available through, this Site, You should independently confirm any facts that are important to Your decision. IF YOU RELY ON ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS SITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY INFORMATION, PRODUCT OR SERVICE.
All information and content available on this Site (collectively, “Materials”) is protected by copyright and other intellectual property laws. The Materials are owned by National and its affiliates, and/or their respective vendors and suppliers (collectively, “Licensors”). The Materials are intended for personal and noncommercial use only. You may not copy, reproduce, sell, license, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Materials in any other way or for any other purpose without the prior written consent of National.
The trademarks, trade names and service marks (the "Marks") displayed on this Site are the property of National or other third parties. You are not permitted to copy or otherwise use these Marks without the prior written consent of National or such third party which may own the Mark. All rights, titles, and interests in and to the Site, and all Materials and Marks thereof, are owned and reserved by National and its Licensors. All rights not expressly licensed hereunder are reserved by National and its Licensors.
The Site may from time to time include information and referrals to local areas, including dining, shopping or other events, or local vendors, or links to search engines or directories for locations. National does not warrant the accuracy or completeness of any links, venues, establishments or vendors included by any links on this Site for identified locations and National disclaims any responsibility for the content or availability of any information contained in any link, search index, or directory offered in connection with the Site.
National reserves the right in its sole discretion to enhance, modify, or remove any information or content appearing on the Site. National also reserves the right to cancel or modify the availability, any property, any location, and any reservations from National where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.
The Site may contain information on National’s services, not all of which are available in every location. The Site may contain technical inaccuracies or typographical errors or omissions. National is not responsible for any typographical, photographic, technical or pricing errors (including without limitation mistaken rates) listed on our Site. National reserves the right to make changes, corrections and/or improvements to the Site and to the products and programs described in such information, at any time without notice.
The services, products and programs mentioned on the Site are subject to availability. For specific unit availability and program information, please contact a National representative.
All software contained in this Site is owned by National, its affiliates and/or Licensors and is protected by copyright and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the software on the Site is expressly prohibited by law and may result in civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.
Unsolicited Submissions of Content
While National does not claim ownership of any comments or suggestions that you may submit to National, by submitting a comment or suggestion or any other material to National, you hereby authorize and grant to National and its affiliated entities the world-wide, perpetual, irrevocable, royalty-free and fully paid-up, non-exclusive right and license (including the right to grant sublicenses through multiple levels) to use, display, reproduce, modify, perform, distribute, transfer, and create derivative works based upon, and otherwise exploit, such comment, suggestion or material, in whole or in part, anywhere in perpetuity in any and all media, whether alone or together or as part of any material of any kind or nature. Without limiting any of the foregoing, National and its affiliated entities will have the right (including the right to grant sublicenses through multiple levels) to use, copy, display, perform, distribute, modify, create derivative works based upon, and re-format the comment, suggestion or material in any manner that National may determine. By submitting a comment, suggestion or material, you represent and warrant to National that you have all necessary rights in and to all comments, suggestions or materials you provide and all information they contain and that such comments, suggestions or materials do not misappropriate or infringe any patent, copyright, trade secret or other intellectual property, proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
You agree to release, defend, indemnify and hold National, its affiliates, Licensors, and their respective officers, directors, employees, agents and contractors harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys' fees) and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise ("Claims") arising from (i) or in any way connected with these Terms of Service, (ii) the services or products provided to you by the Site or any related act or failure to act by You and whether or not occasioned or contributed to the negligence of National or any agent or employee of the indemnified parties identified above (except to the extent prohibited by applicable law), (iii) Your use of the Site or any reliance on the Materials, (iv) Your breach of these Terms of Service, or (v) any actual, prospective or terminated lease or other transaction between You and a third party.
In the event that any Claim is made or any action or proceeding is brought against the indemnified parties identified above (the “Indemnified Parties”), or any of them, arising out of or connected with these Terms of Service, any such Indemnified Party may, by reasonable notice to You, require You, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval will be deemed to have been given hereby in the case of counsel acting for Your insurance underwriters engaged in such resistance or defense. You will cooperate with us in the defense of any Claim. National reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You.
National reserves the right to cooperate fully with any law enforcement officials and/or agencies if requested or required in the investigation of any Users, including without limitation, any User who violates, or is suspected of violating, these Terms of Service. National may disclose your information to such law enforcement officials and/or agencies if requested to do so or if required by law.
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. NATIONAL, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE MATERIALS, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, AND THE MATERIALS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND NATIONAL, ITS AFFILIATES, AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. NATIONAL AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE RENTER OF ANY APARTMENT OR PROPERTY AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE APARTMENT; AS TO THE ADVERTISED AVAILBILITIES, RENT, LEASE TERMS, SECURITY DEPOSIT, OR APPLICATION FEES, IF ANY; OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT AN APARTMENT OR PROPERTY APPEARING ON THE SITE. NATIONAL DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. NATIONAL RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL APARTMENTS AND PROPERTIES ARE SUBJECT TO PRIOR LEASE. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING AN APARTMENT OR PROPERTY MUST BE ADDRESSED WITH THE LANDLORD, SUBLANDLORD, AND/OR PROPERTY MANAGEMENT COMPANY PRIOR TO LEASING OF THE APARTMENT OR PROPERTY. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You.
Limitation of Liability
NATIONAL, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, THE MATERIALS, THESE TERMS OF SERVICE OR OTHERWISE (THE “SERVICE”), INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE. IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF NATIONAL, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO NATIONAL. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN NATIONAL AND YOU. THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NATIONAL CREATES ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. FOR PURPOSES OF THIS LIMITATION OF LIABILITY, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to You.
Termination of Service
You understand and agree that in National’s sole discretion, and without prior notice, Your access to this Site may be terminated or suspended, and National may exercise any other remedy available, if it believes that Your use of the Site (a) violates (i) these Terms of Service, (ii) the rights of National, its affiliates, a Licensor, or another User, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitutes fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to National for violations of these Terms of Service, and You consent to injunctive or other equitable relief for such violations without the requirement that National post a bond. National is not required to provide any refund to You if Your use is terminated as a result of National’s determination, in its sole discretion, that You have violated these Terms of Service. Notwithstanding any termination hereunder, You acknowledge and agree that those rights and obligations which by their nature are intended.
Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c) (2), notifications of claimed copyright infringement should be sent to our Designated Agent. To report alleged copyright infringement taking place on or through the Site, please complete a written DMCA Notice of Alleged Infringement (the “Notice”) and deliver it to National’s Designated Copyright Agent. Upon receipt of a Notice, National will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and/or termination of the User’s account in appropriate circumstances. Please note that a complainant may be liable for damages (including costs and attorneys’ fees) if he or she knowingly makes a material misrepresentation that content is infringing.
DMCA NOTICE OF ALLEGED INFRINGEMENT
Please include in the Notice:
(1) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(2) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit National to locate the material.
(3) Information reasonably sufficient to permit National to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(4) The following statement and representation (to repeat verbatim): I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(5) The following statement and representation (to repeat verbatim): The information in this Notice is accurate, and under penalty of perjury, that (choose one) (i) I am the owner or (ii) I am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
(6) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Deliver the Notice to National’s Designated Copyright Agent:
c/o Legal Department
National Corporate Housing, Inc.
8400 E. Crescent Pkwy, Ste. 300
Greenwood Village, CO 80111
National may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. These Terms of Service will be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflicts of law provisions. You hereby agree that any cause of action You may have with respect to the Site must be exclusively filed in the federal or state courts located in Denver, Colorado, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Denver, Colorado, and waive any objection based on forum non conveniens. As a condition of using this Site, You agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by National to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. These Terms of Service and any other terms and conditions or policies applying to Your use of the Site, constitute the entire agreement between the parties regarding the subject matter hereof. Nothing contained herein shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties. Notwithstanding anything to the contrary herein, if you and National have entered into a separate written National contract, the terms and conditions of such contract shall control with respect to any term that is inconsistent with these Terms of Service. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THESE TERMS OF SERVICE, PLEASE EXIT THE SITE IMMEDIATELY.
©2016 National Corporate Housing, Inc.