The Bindel

Terms of Service

Last Updated: May 16, 2021.

General Provisions

Introduction

Welcome to Bindel Inc., a Delaware corporation with its principal place of business in Austin, Texas ("The Bindel,” “we,” “us” or "Company"). These Terms of Service (together with the Additional Terms (defined below), the “Agreement”) and our Privacy Policy govern your (includes guest(s), company or companies, or other legal entity booking on behalf of an employee or guest) use of the Service and/or Property or Properties.

These Terms of Service govern our website at www.thebindel.com, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service(s)”).

This Agreement is a legally binding contract between you and us regarding your use of the Service and Properties. Failure to use the Service or Properties in accordance with this Agreement may subject you to civil and criminal penalties.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

BY CLICKING “I ACCEPT” (OR WORDS TO SIMILAR EFFECT) BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE OR PROPERTIES, OR BY SIGNING A SEPARATE AGREEMENT WITH THE BINDEL THAT EXPRESSLY INCORPORATES BY REFERENCE THIS AGREEMENT, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE OR PROPERTIES, YOU AGREE TO BE BOUND BY, THIS AGREEMENT. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN YOU DO NOT HAVE OUR PERMISSION OR ANY RIGHT TO USE THE SERVICE OR PROPERTIES. YOUR USE OF THE SERVICE OR PROPERTIES, AND OUR PROVISION OF THE SERVICE TO YOU AND EXPRESS LICENSE OR PERMISSION FOR YOU TO USE THE PROPERTIES (IF APPLICABLE), CONSTITUTE AN AGREEMENT BETWEEN US AND YOU TO BE BOUND BY THIS AGREEMENT.

ARBITRATION NOTICE FOR USERS. Except for certain kinds of disputes described in this Agreement, you agree that disputes arising under this Agreement will be resolved by binding, individual arbitration, and BY ACCEPTING THIS AGREEMENT, YOU AND THE BINDEL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.

  1. Eligibility. You must be at least 18 years old to use the Service. By agreeing to this Agreement, you represent and warrant to us that: (a) you are (i) at least 18 years old, are an emancipated minor, or possess legal parental or guardian consent to agree to this Agreement; and (ii) fully able and competent to enter into this Agreement; (b) you have not previously been suspended or removed from the Service or any of our Properties; and (c) your Registration and your use of the Service and our Properties is and will be in compliance with any and all applicable laws, rules, and regulations. If you are an organization (e.g., a company or school), the individual accepting this Agreement on your behalf represents and warrants that he or she has the authority to bind you to this Agreement and you agree to be bound by this Agreement.
  2. Account Registration To access certain features of the Service, you may be required to register for an account (collectively, "Register"; and such process of Registering, "Registration") and/or to enter into a membership agreement, sublease agreement, Lease Agreement, limited use agreement or other type of agreement or order form signed by us and you and made under and part of this Agreement ("Order Form"). When you Register, you may be required to provide us with some information about yourself, such as your name, email address, home address, date of birth, and other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you Register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at [email protected].
  3. Background Checks. You acknowledge and agree that for transparency, safety, fraud prevention, and anti-money laundering purposes, and to the extent permitted by applicable law, we may, but have no obligation to, before and/or while you reserve and/or occupy a Property, including without limitation, before and/or during any renewal or extension: (a) require that you provide us with a form of government identification or other information sufficient to assist us with undertaking the background checks; (b) screen you against third party databases or other sources and request reports (e.g., credit checks) regarding you from service providers (if available); and (c) obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks (if available). You hereby consent to our undertaking the foregoing background checks and to our processing of the resulting information in accordance with our Privacy Policy (if applicable), including sharing with landlords, property owners and/or their property managers (any of the foregoing, a "Landlord") the results of background checks for users based in the United States.
  4. Fees and Payment. Certain features of the Service may require you to pay one-time and/or recurring fees. Before you pay any such fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable, unless expressly provided otherwise in writing by us.
    1. Fees. We reserve the right to determine pricing for the Service and any products we offer for sale, including, without limitation, for On-Site Services, or Properties that you may reserve or subscribe to through the Service. We will make reasonable efforts to keep pricing information that is published on our website up to date, but may not necessarily provide all specific pricing information (e.g., subscription-related pricing) online. We encourage you to check our website periodically for current pricing information. We may change any of this pricing information (including by adding applicable taxes, fees or charges) at any time. We, in our sole discretion, may make promotional offers with different features and different pricing to any of our customers. These promotional offers, unless made to you, will not apply to you or this Agreement.
    2. Currency. If you request a reservation or purchase certain Services, including for On-Site Services, you will be notified of the currency in which you will be charged. This currency will be determined by us based on the Applicable Payment Method and other factors in our reasonable discretion, such as the location of the Property that you are trying to reserve or subscribe to. For your convenience and if the currency you will be charged in is not the same as the currency applicable in your country, we may provide you with an indication of how much the price would approximately be in your own currency. Such indication is merely indicative, not binding, and will depend on the applicable exchange rate of the day. You acknowledge that the applicable exchange rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) we update the applicable exchange rate on a regular, but not real-time, basis; and (ii) the applicable exchange rate may include an incremental cost or margin that is not included in the applicable market rate.
    3. Authorization. You authorize us to charge all applicable sums (including any applicable one-time and/or recurring security 7s, reservation fees, subscription fees, and other Service fees, including for On-Site Services) for the reservations, subscriptions, and/or other purchases that you make through the Service and, in accordance with the Damaged Property Fee (defined below), including all applicable taxes (e.g., goods and services tax, sales tax, value added tax, city taxes, hotel and occupancy tax, etc.), to the payment method specified in your account or that you otherwise indicate when you submit such reservation or enter into a Membership Agreement, Lease Agreement and/or other Order Form to or with us (the "Applicable Payment Method"). Additionally, if the Applicable Payment Method is a credit card, then: (a) we may seek pre-authorization of your credit card account prior to completing your reservation or entering into a Membership Agreement, Lease Agreement or other Order Form with you to verify that the credit card is valid and has the necessary funds or credit available to cover your reservation, subscription, any security deposit or other purchase, or any potential Damaged Property Fee that may apply; and (b) you authorize us to place a hold on such credit card for sums sufficient to cover any applicable Damaged Property Fee and any other fees that you owe us under this Agreement. To the extent that The Bindel is charged any service fees in connection with your use of the Applicable Payment Method, you shall be responsible for such fees.
    4. Cancellations.
      1. Cancellations. Cancellations. We require a thirty (30) day notice prior to cancelling any reservation. That means free cancellations 30-days prior to move in, or if already inhabit the Property- we require at least a thirty (30) day notice. We will take into account extenuating circumstances, and have the right to modify our cancellation policy depending on those circumstances, and will do so in writing.
    5. Alternative Accommodations.
      1. Alternative Accommodations for Reservations. In the event that a Property becomes unavailable for the whole or any part of the applicable Period of Occupancy (defined below) for any reason, we will endeavor to arrange for suitable alternative accommodations during the Period of Occupancy. If we are unable to find suitable alternative accommodations during this period we have the right to cancel the applicable portion of the Period of Occupancy and we will credit you with a full refund of pre-paid fees.
    6. Modifications.
      1. Modifications of Reservations. You may be able to modify your Reservation, subject to additional Taxes, fees and charges, for example, by purchasing additional services and amenities (e.g., paid parking and extra cleaning services) or by modifying the applicable services or dates of your existing reservation. For the avoidance of doubt, if you modify or extend the dates of your Reservation, you will be charged the applicable Property’s then-current market rate, which may be different (higher or lower) than the rates applicable to your existing reservation, for the modified dates. You will have an opportunity to review and accept any additional fees and/or charges prior to modifying such reservation.
      2. Company’s Policy Regarding Guest Reimbursements. Company may agree, in its sole discretion, to reimburse Guest for unexpected issues that arise during their stay. In the event Company agrees to reimburse Guest and requests proof of payment for such reimbursement, Guest must provide proof of payment within one hundred and twenty (120) days from the date of Company’s request. In the event a Guest fails to provide Company with proof of payment within one hundred and twenty (120) days of Company’s request, Guest expressly waives their right to payment, and Company is not responsible for reimbursement.
    7. Repeated Cancellations. If you repeatedly cancel or attempt to cancel confirmed reservations or purchased subscriptions, we reserve the right in our sole discretion to temporarily or permanently suspend or terminate your access to the Service.
    8. Delinquent Accounts. We may suspend or terminate your access to the Service or Properties if any amount associated with your account is due but unpaid. In addition, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.
    9. Taxes. Sales and use tax, VAT, local hotel occupancy tax, tourist tax, city tax, lodging tax and other indirect taxes (“Taxes”) may be imposed on the amount charged for our Services, Properties, and other products offered in certain jurisdictions. The actual tax amount charged may vary depending on the rates in effect at the time of your Period of Occupancy. Certain local governmental agencies may require The Bindel to collect and remit occupancy taxes based on a percentage of the prices set by The Bindel, a fixed amount per day, or some other method.
  5. Service and Booked Properties.
    1. Limited License to the Service. Subject to your complete and ongoing compliance with this Agreement, we grant you, solely for your personal and non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Service. Notwithstanding the foregoing, if permissible under the laws applicable to the Service or any Booked Property, you may use the Service for non-personal use only if you are an organization and only to reserve Properties, or enter into a subscription, for or on behalf of your organization’s employees, your organization’s students, and/or a third party ("Limited Non-Personal Use"), provided that: (i) you enter into a separate written agreement with us that provides additional terms and conditions governing this Limited Non-Personal Use ("Limited Use Agreement") and such use shall be subject to the terms and conditions of this Agreement and the Limited Use Agreement; (ii) you require each employee, student, and/or third party to agree in writing to be bound by this Agreement; and (iii) you remain responsible and liable for all acts and omissions of each such employee, student, and/or third party to the same extent as if such acts and omissions had been undertaken by you.
    2. Use of Booked Properties.
      1. Limited License to Properties. Subject to your complete and ongoing compliance with this Agreement and subject to applicable law, we grant you a limited, exclusive, non-transferable, non-sublicensable, revocable license to occupy the specific unit at the specific Property for only the specific period of time that you have reserved under a Reservation for personal and only and for the maximum number of occupants permitted by us, as confirmed in writing by us (a "Confirmation") and provided by us to you by email or other means. For the avoidance of doubt, we are not obliged to make the Property available, and a binding contract with respect to the Property is not in place, until such time as you receive the foregoing Confirmation (at which point your reservation is deemed “completed”), and in no event shall you have any rights to renewal, extension, or recurring use of the Property. You hereby agree to direct any repair, maintenance, and other operational questions, requests, or complaints to The Bindel at the contact information located at [email protected] and shall not direct any such communications to any Landlord or other non-Bindel personnel.
      2. We reserve the right at all times during the Period of Occupancy to enter and to permit other individuals to enter the Property at any time in the following circumstances or for the following purposes, subject to applicable law: (i) in response to your written or verbal request, upon your consent, or as necessary to provide the Service to you; (ii) to investigate, address, or prevent any actual or reasonably suspected or foreseeable past, current, or impending unlawful activity or damage to the Property (you expressly agree that we have the right to document by photograph, video or otherwise any such damage, and/or compliance with this Agreement and compliance with the House Rules, subject to and in compliance with the Privacy Policy, during such entry); upon your breach or suspected breach of any provision of this Agreement, provided that we give you prior notice (e.g., by email, phone, text message, or knocking on the door); (v) for any purpose (including for repair and maintenance and to examine or show the same), provided that we give you reasonable notice (e.g., by email, phone, text message, or knocking on the door); (vi) to cooperate with requests from law enforcement officials to enter the Property; (vii) where we believe reasonably necessary to protect the personal safety, rights, or property of us, you, any third party, or to prevent fraud or other unlawful activity; and/or (viii) at any time that may be necessary or advisable in our sole discretion, such as in the event of an emergency.
    3. Feedback License to Us. If you choose to provide suggestions or any other input regarding problems with, proposed modifications or improvements to, or any other aspect of the Service or Properties ("Feedback"), then you hereby grant us an unrestricted, worldwide, perpetual, irrevocable, non-exclusive, freely transferable and sublicensable (including through multiple tiers), royalty-free, and fully-paid right and license to exploit the Feedback in any manner and for any purpose with no obligation or accounting to you, including to improve the Service and Properties and create other products and services.
  6. Restrictions and Responsibilities.
    1. Compliance with Law. If you are prohibited under applicable law from using the Service or any of the Properties (including Booked Properties), you may not use them. You understand and agree that you are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Service and/or Properties. We shall comply with the requirements of the Fair Employment and Housing Act and shall not discriminate based upon any of the protected categories covered in such Act where applicable.
    2. Use of Amenities. You and your occupants, guest(s), visitors, invitees and any other parties to whom you give access to or use of any Property, including the Booked Property (collectively and individually, "Your Guests") may use only the Booked Property amenities (e.g., fitness room and gym equipment) expressly made available by us for the common and joint use of The Bindel’s members, guests and residents in the applicable Property (collectively, the "Amenities"). Access to such Amenities is not guaranteed and may be limited, revoked, or suspended from time to time. You agree to comply and ensure all of Your Guests’ compliance with all applicable rules with respect to your and Your Guests’ use of such Amenities. You understand and agree that use of such Amenities may be suspended if you or any of Your Guests violate any such rules. You shall be responsible for any damage to such Amenities that you or any of Your Guests cause. ANY USE OF SUCH AMENITIES IS AT YOUR AND YOUR GUESTS’ OWN RISK AND YOU AND YOUR GUESTS RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ANY THE BINDEL ENTITIES (DEFINED BELOW) IN CONNECTION WITH ANY USE OF SUCH AMENITIES. YOU AGREE THAT, AT OUR REQUEST AT ANY TIME, YOU AND/OR YOUR GUESTS WILL EXECUTE AND DELIVER A COMMERCIALLY REASONABLE FORM OF WAIVER AND RELEASE TO CONFIRM THE WAIVER AND RELEASE SET FORTH HEREIN AND THAT YOUR AND/OR YOUR GUESTS’ USE OF THE AMENITIES MAY BE CONDITIONED ON YOUR AND/OR YOUR GUESTS’ EXECUTION AND DELIVERY OF SUCH WAIVER AND RELEASE.
    3. Use of On-Site Services. We may, but shall not be obligated to, offer On-Site Services for an additional fee from time to time, such as cleaning, babysitting, local tours, parking and special events. If so offered by us and so requested by you, we will mutually agree on the dates and times for such services and we and/or the applicable third party service provider shall have the right to enter the Booked Property to perform such services. To the extent that we offer and you request or use any such services, you hereby agree to comply and ensure all of Your Guests’ compliance with all of the applicable rules with respect to your and Your Guests’ use of such services. You understand and agree that your and Your Guests’ use of such services may be suspended if you or any of Your Guests violate any such rules. You shall be responsible for any damage that you or any of Your Guests cause. ANY USE OF ON-SITE SERVICES IS AT YOUR AND YOUR GUESTS’ OWN RISK AND YOU AND YOUR GUESTS RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ANY THE BINDEL ENTITIES (DEFINED BELOW) IN CONNECTION WITH ANY SUCH SERVICES. YOU UNDERSTAND THAT THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. YOU AGREE THAT, AT OUR REQUEST AT ANY TIME, YOU AND/OR YOUR GUESTS WILL EXECUTE AND DELIVER A COMMERCIALLY REASONABLE FORM OF WAIVER AND RELEASE TO CONFIRM THE WAIVER AND RELEASE SET FORTH HEREIN AND THAT YOUR AND/OR YOUR GUESTS’ USE OF THE ON-SITE SERVICES MAY BE CONDITIONED ON YOUR AND/OR YOUR GUESTS’ EXECUTION AND DELIVERY OF SUCH WAIVER AND RELEASE.
    4. Obligation to Maintain. You shall keep all interior portions of the Booked Property, and all furniture and decorations within the Booked Property, in good, clean, and sanitary condition, including free from all pests (such as, without limitation, bedbugs, cockroaches, mice and rats), and in proper working order throughout the applicable Period of Occupancy. Should any component fail to operate (including any appliance, plumbing, electrical, etc.), it is your responsibility to promptly contact us at [email protected], as soon as a problem is detected.
    5. Prohibited Conduct. In addition to all other rules and restrictions contained in the Agreement (including in any Additional Terms such as any applicable Order Form, Confirmation, Membership Agreement, Lease Agreement and/or House Rules), in connection with your use of the Service and Properties, you may not and you agree that you will not (except and solely to the extent such restriction is impermissible under applicable law):
      1. Use the Service or any Property for any illegal purpose or in violation of any local, state, national, or international law (e.g., you may not use your, our, or a third-party Internet connection or device on any of our Properties to illegally download or share files through BitTorrent, other peer-to-peer protocols, or otherwise);
      2. Impersonate any individual or organization, or falsify or otherwise misrepresent yourself (including your age or date of birth) or your affiliation with any individual or organization;
      3. Register for more than one The Bindel account or Register on behalf of an individual other than yourself, except as expressly permitted under a Limited Use Agreement between you and us;
      4. Use the Service or any Property for any commercial or other purpose that is not expressly permitted under this Agreement (for the avoidance of doubt, you may not resell or transfer to any other individual or organization any reservation or subscription you make or enter into with us, except as expressly permitted under a Limited Use Agreement between you and us), or make false, fraudulent, or speculative reservations or subscriptions;
      5. Reproduce, distribute, publicly display, or publicly perform any aspect of the Service or make modifications to any aspect of the Service or any Property;
      6. Bring into or onto any Property any illegal, dangerous or hazardous substance or item (including items that are likely to increase the risk of fire or explosion) or any firearms and other weapons (except those rightfully possessed by law enforcement officials or licensed security guards);
      7. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;
      8. Use, display, mirror, or frame any aspect of the Service (including any layout or design of any webpage or form contained therein), our name, or any of our trademarks, logos, or other proprietary information, without our express written consent;
      9. Copy, store, or otherwise access any information accessible through the Service or any Property for purposes not expressly permitted under this Agreement;
      10. Use manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any web pages or other services contained in the Service or to otherwise collect information or interact with the Service;
      11. Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, in one or more downloads, a collection, compilation, database, directory, or the like, whether by manual or automated methods;
      12. Interfere or tamper with, circumvent, damage, or test the vulnerability of any aspect of the Service or Properties (including any physical item therein), whether by manual or automated methods, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing of email address information, or similar methods or technology;
      13. Infringe, misappropriate, or violate the rights of any individual or organization, including their intellectual property rights (including rights to trade secrets and moral rights), or their privacy, publicity, confidentiality, contractual, property, or other rights;
      14. Use the Service or any Property to transmit, distribute, post, or submit any information concerning any other individual or organization without such individual’s or organization’s permission, including photographs, personal contact information, or credit, debit, calling card, or other account numbers;
      15. Engage in any conduct that: (i) would give rise to civil liability; (ii) is fraudulent, false, misleading, or deceptive; (iii) is defamatory, obscene, pornographic, vulgar, or offensive; (iv) promotes or constitutes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group or otherwise threatens or embarrasses any individual or group; (v) is violent or threatening or promotes violence or actions that are threatening to any other individual or organization; (vi) promotes illegal or harmful activities or substances; or (vii) is restricted or prohibited by or under any of our Additional Terms.
      16. Perform any activity or create any condition in or on any Booked Property, Amenities, or Property that could create a nuisance, annoyance, or disturbance to any other residents or neighbors of surrounding properties.
      17. Attempt to do any of the foregoing or assist or advocate, encourage, permit, or assist any third party in doing any of the foregoing.
    6. Eviction.
      1. In the event you (including but not limited to a guest or other party temporarily staying or habitating at the Property) is lawfully evicted and/or removed from the Property, you are responsible for payment of all outstanding rents owed to Company.
    7. Safety Features.
      1. Safety Features. You acknowledge and agree that the Properties may contain certain safety features such as smoke detectors, fire alarms, or sound level monitoring units as may be required by law, you consent to our use of these safety features, you agree not to interfere or tamper with these features, and you shall be responsible for testing any such safety features (except any sound level monitoring units) weekly and immediately reporting any problems or need for maintenance or repairs to us. If battery operated, you are responsible for changing the (e.g., smoke detector’s or fire alarm’s) battery as necessary, or immediately reporting to us the need for assistance in changing such battery. We have a right to enter the Property to check and maintain these safety features as provided by law. It is expressly understood that you must not, at any time, disable or remove any installed safety feature, and to do so shall be considered a material breach of this Agreement and will be just cause for termination of this Agreement and your removal from the Property.
    8. Damaged Property. You are responsible for leaving any Property including the Booked Property in the same condition it was provided to you when you arrived (excluding reasonable wear and tear) and for following all related Additional Terms applicable to your stay at a Booked Property. You acknowledge and agree that you are responsible for your, your Guests, and your and their pets’ own acts, omissions, negligence and willful misconduct. If we reasonably believe that you, Your Guests, or your or their pets have damaged a Booked Property or any Property or damaged or removed or stolen any physical item therein ("Damaged Property"), we will provide you with reasonable notice and evidence of such damage or suspected removal or theft and will give you two business days to respond to our claim. After this time period, we will be automatically entitled to charge the Applicable Payment Method for the full amount of any lost revenue that we incur as a result of the Damaged Property and the full amount of the greater of the costs and fees actually incurred by us or that we reasonably expect to incur for fixing or replacing the Damaged Property (which may include replacing damaged items with equivalent items) ("Damaged Property Fee"). Additionally, if you, Your Guests, or your or their pets have damaged a Booked Property or any Property or damaged or removed or stolen any physical item therein we may terminate this Agreement and remove you and any and all of Your Guests from the Booked Property and any Property. We reserve at all times the right to fix the Damaged Property in the manner of our choosing and to pursue in our sole discretion any and all avenues available to us to collect from you the Damaged Property Fee. For example, we may exercise the foregoing right by fixing the Damaged Property over an extended period of time, charging the Applicable Payment Method the sum total of the Damaged Property Fee up front or in installments, or by making one or more claims under your homeowner’s, renter’s, and/or other insurance policy, and you agree to cooperate with and assist us in good faith, and to provide us with such information as we may reasonably request in order to successfully make such claim. We also reserve the right to collect all fees associated with pursuing such a claim, as well as fees incurred for collecting payment for Damaged Property, as well as recovering all costs associated with the labor required to fix the Damaged Property.
    9. Your Personal Items. We are not responsible for any of your property or personal items (collectively, "Personal Items") either during the term of this Agreement or that you may leave in any of the Properties after the expiration or earlier termination of this Agreement. Prior to the expiration of the applicable Period of Occupancy, you must remove all of your Personal Items from all applicable Booked Properties and any Property. If you have not done so, and after using commercially reasonable efforts to provide you with reasonable notice, we will be entitled to remove, store, and/or dispose of any Personal Items remaining in any of our Properties in accordance with applicable law, and you waive any claims or demands regarding such Personal Items or our handling of them. You will be responsible for paying any fees reasonably incurred by us regarding such removal, storage, and/or disposal. We recommend that you consider obtaining renter’s insurance or personal property insurance to protect against any damage to or loss of your Personal Items.
    10. Investigation and Prosecution. We reserve at all times the right to investigate and prosecute any breach of any provision of this Agreement to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who breach any provision of this Agreement. You acknowledge that we have no obligation to monitor your access to or use of the Service or Properties but have the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
  7. Ownership; Proprietary Rights. The Service is owned and operated by us. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service ("Materials") provided by us are protected by intellectual property and other laws. All Materials included in the Service are our and/or our third-party licensors’ property. Except as expressly authorized by us, you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in this Agreement.
  8. Third-Party Terms. We may provide tools or features through the Service that enable you to interact with, including export information to, third-party websites or services, including through features that allow you to link your The Bindel account with an account on a third-party website or service, such as Twitter, Facebook, or a third-party payment processor, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools or features, you agree that we may transfer such exported information to the applicable third-party website or service. Third-party websites and services are not under our control, and, to the fullest extent permitted by law, we are not responsible for any third-party service’s use of your exported information. You acknowledge and agree that such interactions with third-party websites or services may be governed by one or more third parties’ terms, conditions, and/or policies.
  9. User Content
    1. User Content Generally. Certain features of the Service may permit users to submit content to the Service, including messages, reviews, ratings, and other types of works ("User Content") and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
    2. Ratings and Reviews. Within a certain timeframe after completing a reservation, you and other users may provide us with a public review ("Review") and/or rating ("Rating") regarding your or such other user’s experience with the Service or at a Booked Property. Reviews and Ratings reflect the opinions of the individual or entity that leaves such Review or Rating, do not reflect our opinion, and may be incorrect or misleading. We may, but are not obliged to, verify any Reviews or Ratings for accuracy. You acknowledge and agree that if you provide a Review or Rating, such Review or Rating must be accurate, may not contain any offensive or defamatory language, may be surfaced anywhere (including publicly) on our Service or a third-party service as permitted by us, and constitute “User Content.”
    3. Limited License Grant to Us. By providing User Content to or via the Service, you grant us an unrestricted, worldwide, perpetual, irrevocable, non-exclusive, freely transferable and sublicensable (including through multiple tiers), royalty-free, and fully-paid right and license to exploit the User Content, in whole or in part, in any manner (including in any language or any media formats and through any media channels now known or hereafter developed) and for any purpose with no obligation or accounting to you.
    4. User Content Representations and Warranties. We disclaim any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
      1. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize us and our sublicensees to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by us, the Service, and this Agreement;
      2. your User Content, and the use of your User Content as contemplated by this Agreement, does not and will not: (i) infringe, violate, or misappropriate any third party’s right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other individual or organization; or (iii) cause us to violate any law, rule, or regulation; and
      3. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
    5. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. We may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates this Agreement or is otherwise objectionable. You understand that when using the Service you may be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, we do not permit copyright-infringing activities on the Service.
    6. Monitoring Content. We do not control and do not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that we reserve the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time we choose to monitor the content, we still assume no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (if applicable).
  10. Modification of this Agreement. We reserve the right to change this Agreement (including any of the Additional Terms in accordance with those agreements and applicable law) on a going-forward basis at any time. Please check this Agreement periodically for changes. If a change to this Agreement materially modifies your rights or obligations, we may require that you accept the modified Agreement in order to continue to use the Service or any Properties. Material modifications are effective upon your acceptance of the modified Agreement and we will provide you with reasonable notice prior to such changes taking effect. Please discontinue using the Service and any Property if you do not agree to these changes. Immaterial modifications are effective upon publication. Disputes arising under this Agreement will be resolved in accordance with the version of this Agreement that was in effect at the time the dispute arose.
  11. Term, Termination and Modification of the Service.
    1. Term.
      1. Term for Reservations. This Agreement as applicable to Reservations and related Services and Properties is effective beginning when you accept it, when you enter into an Agreement with us that incorporates this Terms of Service by reference, or when you first download, install, or otherwise access or use the Service or Properties for Reservations. The term and termination of any reservation (and the attendant right to use any Property) shall be as set forth in the applicable Agreement or Confirmation.
    2. Termination. To the maximum extent permitted by applicable law, if you violate any provision of this Agreement or if The Bindel’s lease of, or right to use, any Property terminates or expires for any reason, all of our licenses to you, any permission to use any Property, (including any Booked Property), the Period of Occupancy, and this Agreement (which includes any still active Order Forms) automatically terminate without notice to you and, in addition to the remedies outlined in this Terms of Service, we reserve all rights and remedies available to us at law and equity including, without limitation, the right to remove you and Your Guests from any Property. In addition, we may, in our sole discretion, subject to compliance with all applicable law, terminate this Agreement or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice.
      1. Termination by You for Reservations. You may terminate your account and this Agreement as applicable to Reservations only if and as expressly permitted in the applicable Agreement or Confirmation.
    3. Effect of Termination. Upon termination of this Agreement: (a) all of our applicable licenses to you, any permission or right to use the applicable Properties hereunder, and all applicable Periods of Occupancy automatically terminate and you must immediately cease all use of the applicable Service and, subject to applicable law, the applicable Properties; (b) you will no longer be authorized to access your account or the applicable Service or, subject to applicable law, any applicable Properties; (c) you must pay us any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination as well as the Arbitration Provisions in these Terms of Service will survive.
    4. Modification of the Service.
      1. Modification of the Service for Reservations. We reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service such as any of our product or Property offerings, but not the Property during the Stay Period of Occupancy except as expressly permitted in the Lease Agreement or Confirmation), temporarily or permanently, without notice to you. We will have no liability for any such change to or discontinuation of the Service.
  12. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service and Properties, and you will defend and indemnify us and our officers, directors, employees, contractors, consultants, affiliates, subsidiaries, agents, and Landlords (and their property managers, service providers, and agents) (individually, “The Bindel Entity” and collectively the “The Bindel Entities”) from and against every claim brought by a third party, and any related liability, direct or indirect damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your, Your Guests’, and/or your or their pets’ use of, or misuse of, the Service or your, Your Guests’, and/or your or their pets’ use, occupation, or misuse of the Properties; (b) your or Your Guests’ breach or violation of any portion of this Agreement, any representation, warranty, or agreement referenced in this Agreement, or any applicable law, rule, or regulation (including those put in place by Landlords from time to time); (c) your or Your Guests’ infringement, misappropriation, or violation of any third party’s right, including any intellectual property rights (including rights to trade secrets and moral rights), or any privacy, publicity, confidentiality, contractual, property, or other rights; (d) any dispute or issue between you and/or Your Guests and any third party; or (e) any injury, death, or damages sustained by any individual or entity, or to the property of the same (including any pets), where such injury, death, or damage is caused by your, Your Guests’, or your or their pets’ acts or omissions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
  13. Disclaimers; No Warranties.
    1. THE SERVICE, PROPERTIES, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE AND PROPERTIES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, PROPERTIES, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE AND PROPERTIES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
    2. WE DO NOT WARRANT THAT THE SERVICE, PROPERTIES, MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE AND PROPERTIES, OR ANY PORTION OF ANY OF THE FOREGOING WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND WE DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
    3. WE DO NOT MAKE ANY WARRANTY REGARDING THE QUALITY OF ANY ASPECT OF THE SERVICE, PROPERTIES, OR MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE OR PROPERTIES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE FOREGOING.
    4. YOU UNDERSTAND AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OF ANY THIRD PARTY (INCLUDING PETS) OR ANY CONDITION OR CIRCUMSTANCE (E.G., CONSTRUCTION) OUTSIDE A PROPERTY. FOR THE AVOIDANCE OF DOUBT, YOU UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY AND ALL CLAIMS RESULTING FROM THE MISCONDUCT OF ANY LANDLORD, PROPERTY OWNER, PROPERTY MANAGER, OTHER GUEST OR RESIDENT AND THAT SUCH CLAIMS ARE TO BE BROUGHT AGAINST SUCH LANDLORD, PROPERTY OWNER, PROPERTY MANAGER, OTHER GUEST OR RESIDENT DIRECTLY.
    5. EXCEPT AS OTHERWISE EXPLICITLY PROVIDED IN THESE TERMS OF SERVICE, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE, PROPERTIES, ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE OR PROPERTIES, OR ANY THE BINDEL ENTITIES WILL CREATE ANY WARRANTY REGARDING ANY OF THE FOREGOING THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. OTHER THAN AS EXPLICITLY SET OUT BELOW, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE, PROPERTIES, OR ANY OTHER USER, OR ANY GUESTS, INVITEES, OR PETS, OF THE SAME. YOU UNDERSTAND AND AGREE THAT YOU USE ANY ASPECT OF THE SERVICE AND PROPERTIES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR ANY PHYSICAL BELONGINGS USED IN CONNECTION WITH YOUR USE OF THE SERVICE OR PROPERTIES) OR ANY LOSS OF DATA, INCLUDING USER CONTENT, OR ANY LOSS, DAMAGE, OR THEFT OF ANY OF YOUR PROPERTY OR THE PROPERTY OF YOUR GUESTS OR OTHERS KEPT OR STORED IN OR ABOUT THE PROPERTIES OR ANY PERSONAL INJURY OR DEATH OR PET INJURY OR DEATH.
    6. WE DO NOT CONTROL ANY FEES THAT MAY BE CHARGED TO YOU BY ANY THIRD PARTY RELATING TO ON-SITE SERVICES OR OUR COLLECTION OF ANY FEES THAT YOU OWE US UNDER THIS AGREEMENT, AND WE DISCLAIM ALL LIABILITY IN CONNECTION WITH THE FOREGOING.
    7. WE MAY USE THE SERVICES OF A REAL ESTATE BROKER, AGENT, REFERRAL SERVICE OR SIMILAR PARTY (THE “BROKER”). YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE BROKER SOLELY REPRESENTS THE BINDEL AND HAS NO OBLIGATION OR DUTY TO YOU, EXCEPT AS REQUIRED BY LAW AND UNLESS OTHERWISE AGREED IN WRITING BY YOU AND THE BINDEL. IN EITHER CIRCUMSTANCE, YOU HAVE THE SOLE OBLIGATION TO PROTECT YOUR INTERESTS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE BROKER SHALL HAVE NO EXPRESS OR IMPLIED RIGHT OR AUTHORITY TO CREATE ANY OBLIGATION ON BEHALF OF THE BINDEL OR BIND THE BINDEL TO ANY CONTRACT, AGREEMENT OR UNDERTAKING. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BROKER WILL CREATE ANY OBLIGATION, REPRESENTATION OR WARRANTY BY THE BINDEL.
    8. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT WE ARE PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
    9. “WE”, AS USED IN THIS SECTION, REFERS TO US AS WELL AS THE APPLICABLE LANDLORD(S), PROPERTY OWNER(S), AND PROPERTY MANAGER(S).
  14. Limitation of Liability
    1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY THE BINDEL ENTITY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REPUTATION, GOODWILL, INCOME, SALES, REVENUE, BUSINESS, ANTICIPATED SAVINGS, OR DATA, OR FOR BUSINESS INTERRUPTION, WASTED MANAGEMENT OR OFFICE TIME, OR ANY OTHER INTANGIBLE LOSS.
    2. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY THE BINDEL ENTITY BE LIABLE TO YOU FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE, ON-SITE SERVICES, PROPERTIES, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE OR PROPERTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY THE BINDEL ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. ANY USE OF THE SERVICE, ON-SITE SERVICES, PROPERTIES, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE OR PROPERTIES IS AT YOUR AND YOUR GUESTS’ OWN RISK AND YOU AND YOUR GUESTS RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ANY THE BINDEL ENTITIES IN CONNECTION WITH ANY SUCH USE.
    3. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO SUCH AS FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS; FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OR FOR BREACH OF OUR OBLIGATION TO PERFORM THE SERVICE WITH REASONABLE CARE AND SKILL OR FAILURE TO PERFORM THE SERVICE IN ACCORDANCE WITH INFORMATION PROVIDED BY US TO YOU ABOUT US OR THE SERVICE.
    4. EXCEPT AS PROVIDED IN THIS AGREEMENT, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE BINDEL ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE, PROPERTIES, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE OR PROPERTIES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO US FOR ACCESS TO AND USE OF THE SERVICE AND PROPERTIES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM; OR (B) $100.
    5. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS AGREEMENT. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  15. Dispute Resolution and Arbitration.
    1. Generally. In the interest of resolving disputes between you and The Bindel in the most expedient and cost effective manner you and The Bindel agree that, except as where explicitly negated in this Agreement, every dispute arising in connection with this Agreement will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE BINDEL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
    2. Exceptions. Despite the Arbitration Provisions of this Agreement, nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
    3. Arbitrator. Any arbitration between you and The Bindel will be settled under the Federal Arbitration Act and administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively, "AAA Rules") as modified by this Agreement. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting The Bindel. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
    4. Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by email ("Notice of Arbitration"). The Bindel’s address for Notice is: The Bindel Inc., 5740 Burnet Road,Austin, Texas 78756, Attention: Office of the General Counsel. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30-days after the Notice of Arbitration is received, you or The Bindel may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or The Bindel must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by The Bindel in settlement of the dispute prior to the award, The Bindel will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
    5. Fees. If you commence arbitration in accordance with this Agreement, The Bindel will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in the County of Travis, Texas, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse The Bindel for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
    6. No Class Actions. YOU AND THE BINDEL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and The Bindel agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
    7. Modifications to this Arbitration Provision.
      1. Modifications to this Arbitration Provision for Reservations. If The Bindel makes any future change to this arbitration provision, other than a change to The Bindel’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to The Bindel’s address for Notice of Arbitration, in which case your account with The Bindel and this Agreement will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
    8. Enforceability. If any portion of this Arbitration Section is found to be unenforceable, then the entirety of this Arbitration Section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described below, will govern any action arising out of or related to this Agreement.
  16. Miscellaneous.
    1. General Terms. This Agreement, together with the Privacy Policy (if applicable) and any other agreements expressly incorporated by reference into this Agreement, is the entire and exclusive understanding and agreement between you and The Bindel regarding your use of the Service and Properties, and supersedes any previous marketing information, representations or agreements of any kind or nature between the parties relating to the subject matter hereof and whether recorded in writing, or otherwise. You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent, which may be withheld if, for example, we reasonably determine that the potential assignee or transferee is, or is likely to be, a competitor of us, or appears unwilling to or incapable of strictly complying with this Agreement. We may assign or transfer this Agreement, in whole or in part, at any time without notice or consent. The failure to require performance of any provision of this Agreement will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of this Agreement, or any provision of this Agreement, be a waiver of any subsequent breach or default or a waiver of the provision itself. The waiver by us of any provision of the Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other provision of the Agreement, nor will any custom or practice which may develop between the parties be construed to waive or to lessen our right to insist upon your performance of all the provisions of the Agreement, or support a claim of detrimental reliance by you. The specification in the Agreement of certain acts or omissions as bases for removing you from any Property shall not be construed as limiting our rights to remove you for any other reason allowed by applicable law. Our acceptance of a partial payment of any fees or other amounts owed to us pursuant to this Agreement will not constitute a waiver of our right to the full amount due, nor will our acceptance of fees or other amounts owed to us pursuant to this Agreement paid late ever constitute a waiver of our right to terminate this Agreement and remove you from any Property for such habitual late payment. Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of any provision. Nothing in this Agreement will affect your statutory rights as a consumer. Throughout this Agreement the use of the word “including” means “including but not limited to”. If any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
    2. Service of Process & Legal Notices You expressly agree that we may effectuate service of process and/or place you on legal notice by notifying you via the address you provided on your government issued identification. Additionally, you expressly agree that service of process and/or legal notice is effective and proper if we or an attorney representing us notifies you via the email address you used to contact us and/or book your accomodation. You may notify us prior to the commencement of any legal action or proceeding if you'd prefer us to provide notice to an alternative address located within the United States. By using our Site and Services, you expressly waive any claims that service of process is ineffective or improper if legal notice and/or service of process is effectuated by sending notices to either the address on your government issued identification or the email address we have on file.
    3. Governing Law and Jurisdiction. This Agreement is governed by the laws of the State of Texas without regard to conflict of law principles. You and The Bindel submit to the personal and exclusive jurisdiction of the state and federal courts located within the County of Travis, Texas, for resolution of any lawsuit or court proceeding permitted under this Agreement. We operate the Service from our offices in Texas, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
    4. Third Party Rights. This Agreement is between you and us. Except where otherwise provided for in this Agreement or in a Limited Use Agreement, no other person shall have any rights to enforce any of its terms.
    5. Additional Terms. Your use of the Service and Properties is subject to all additional terms, policies, rules, guidelines, or instructions applicable to the Service or Properties or certain features of the Service or Properties that we may post on, link to from, or provide you with in writing (e.g., by email, text message, or posted at or provided in the applicable Property) including through the Service or applicable Property, including any Order Forms (and all exhibits, attachments, and addenda thereto), Confirmations and House Rules available (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, this Agreement.
    6. Privacy Policy. Your use of the Service and Properties is also subject to our Privacy Policy that we post on our website, as it may be updated from time to time (our "Privacy Policy"). Please read our Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. By accepting this Agreement, you agree to the sharing of your personal information in compliance with the Privacy Policy and all applicable law, for the purpose of and in connection with providing the Services to you.
    7. Consent to Electronic Communications. By using the Service and Properties, you acknowledge that the Service includes certain electronic communications from us such as SMS text communications and as further described in our "Privacy Policy" (if applicable) and you consent to receiving such electronic communications. Please read our "Privacy Policy" to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
    8. Contact Information. You may contact us at 5740 Burnet Road, Austin, Texas 78756, Attention: Office of the General Counsel. If you have a question or complaint, you may contact us by sending correspondence to that address or by contacting us at [email protected].
    9. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or Properties, or to receive further information regarding use of the Service or Properties.
    10. No Support. We are under no obligation to provide support for the Service or Properties. In instances where we may offer support, the support will be subject to published policies.
    11. Force Majeure. We will not be liable to you or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control including but not limited to severe weather, power, or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war, civil unrest, or other similar events of “force majeure”.
    12. Attorneys’ Fees and Expenses. If we are required to engage legal counsel to enforce the conditions of this Agreement, to collect any amounts due, to remove you or your belongings from a Property, you shall be responsible for all lawyers’ fees and expenses incurred in connection with the foregoing.

BY ACCESSING OR USING THE SITE, YOU CONSENT TO AND AGREE TO BE BOUND BY THE FOREGOING TERMS. YOU AGREE THAT YOUR ACCESS OR USE OF THE SITE FOLLOWING ANY CHANGES TO THE TERMS WILL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF THE REVISED TERMS AND CONDITIONS.

Corporate Office

Bindel, Inc.
Attn: Legal
5740 Burnet Road
Austin, TX 78758
[email protected]
 
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