Term and conditions

Updated Terms of Service

We’ve recently updated our Terms of Service. These updated Terms of Service are effective immediately, and further constitute a binding and enforceable agreement like any written contract signed by you. Your continued use of the Join A Join Site and Services is bound by these Terms. Please read these Terms carefully. Should you have any questions, please contact customersupport@joinajoin.com.

 

Terms of Service

Last updated: June 6, 2018

 

These Terms of Service (“Terms”) comprise the agreement between JoinaJoin, Inc. (“Join A Join”), a Puerto Rico Corporation (the “Company,” “we” or “us”), and you or the entity you represent (collectively, “you”), governing your use of this website (the “Site”) and all of the services that it provides, as described below. In addition, you acknowledge and agree that you shall also be subject to any posted rules or guidelines that may be applicable to our Site or Services, which may contain terms and conditions in addition to those in these Terms of Service.

 

PLEASE READ THIS AGREEMENT CAREFULLY.  YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE AND SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR OTHERWISE THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND SERVICES. YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE AND ACKNOWLEDGE THAT THESE TERMS OF SERVICE CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT LIKE ANY WRITTEN CONTRACT SIGNED BY YOU.  IF YOU DO NOT AGREE TO ALL THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR CONTENT. Please carefully read these Terms, our Privacy Policy, and our Refund Policy, each of which is incorporated by reference into these Terms. IF YOU ACCEPT OR AGREE TO THESE TERMS OF SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS OF SERVICE.

  

1. Scope and Description of Services 

 

1.1 Join A Join provides an online platform and marketplace through its Site that connects its registered users (“Members”) with each other, thus allowing those Members who wish to rent a property or enjoy an experience (“Guests or “Join Seekers”, hereinafter to be referred to as “Guests”) to engage, transact and book said services with other Members (“Hosts or “Join Providers”, hereinafter to be referred to as “Hosts”) who wish to offer their property for rental or to offer an experience for enjoyment (“Host Services” or “Joins”, hereinafter to be referred to as “Joins”). Through the Site, Hosts may publish and market their Joins (“Listings”), which may include (i) the rental of real properties for use (“Property Joins”) or (ii) the enjoyment of experiences and included equipment, if applicable (“Adventure Joins”), and may further book and ensure payment for such Joins (collectively, the “Services”).  

 

1.2 Join A Join does not own, rent, operate or provide the properties or experiences that comprise the Joins listed on its Site.  Such properties and experiences are owned, rented, operated and/or provided by the Hosts who offer them. We simply provide the online platform and marketplace to facilitate the listing and booking of Joins and act as an intermediary in accepting and processing payments with respect to such Joins.

 

1.3 Join A Join’s main purpose is to provide quality Site and Services to connect its Members as described above. Consequently, Join A Join does not respond for or guarantee any activity generated by its Members while utilizing its Site and Services, including, but not limited to, (i) the Member Content that they create, acquire and share on the Site, (ii) the adequacy, quality and suitability of the properties or services that Members may offer, or (iii) the interactions and disposition of its Members while transacting and/or communicating through the Site.  

 

1.4 As part of its activity in providing quality Site and Services, for Join A Join marketing purposes and activities, and to increase the exposure of Listings to potential Guests, Listings and other Member Content (as described below), as well as any other content, may be displayed on other websites, in applications, within e-mails, in online and offline advertisements, and in any media format or service, now known or hereafter devised.

 

1.5 Members acknowledge and agree that Join A Join does not act as a contracting agent for and Member.  Any agreement entered into between a Guest and a Host with respect to the booking and performance of a Join is between such Guest and Host.  We are not a party to and assume no responsibility for any such agreement.  We simply provide the platform and marketplace to facilitate the listing and booking of Joins and act as an intermediary in accepting and processing payments with respect to Joins.

 

1.6 PLEASE NOTE THAT, AS STATED ABOVE AND THROUGHOUT THESE TERMS, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE LISTING AND BOOKING OF JOINS.  WE CANNOT AND DO NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY FOR YOU OF ANY JOINS FOR THE GUEST.  WE ARE NOT RESPONSIBLE FOR AND DISCLAIM ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND BOOKING OF JOINS, WHICH SHALL BE MADE AT YOUR OWN RISK.

 

2. Amendments and Modification of these Terms

 

2.1 Join A Join reserves the right, at its sole discretion, to amend or modify the Site or Services, or to amend or modify these Terms, including the Service Fees (as described below), at any time. You will be given reasonable notice as to any amendments or modifications made to these Terms through our Site. If we amend or modify these Terms, we will post the amendment or modification on the Site. We will also update the “Last Updated Date” at the beginning of these Terms. You acknowledge and agree that it is your responsibility to review the Site and these Terms from time to time and to familiarize yourself with any amendments or modifications. Your continued use of our Site and Services after such amendments or modifications will constitute your acknowledgement and acceptance of the amended or modified Terms and your agreement to abide and be bound by the amended or modified Terms.

 

3. Eligibility, Member Verification

 

3.1 The Site and Services are intended solely for persons who are 18 years of age or older, and any access to or use of the Site or Services by anyone under the age of 18 is expressly prohibited.  By accessing or using the Site or Services, you represent and warrant that you are 18 years of age or older.

 

3.2 Join A Join may require at its sole discretion that certain conditions or requirements be met in order to provide potential users or Members full or partial access to the Site and Services, such as participating in and completing a verification process, booking and cancellation history, and/or any other criteria which Join A Join may deem proper and necessary. 

 

3.3 Although we require all Members to provide accurate information, we do not attempt to confirm such information, including the purported identity of any Member. You are responsible for determining the identity and suitability of those you contact via our Site or Services. We will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Site and Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members, or other third parties, will be limited to a claim against the particular Member or other third party who caused you harm.  You agree not to attempt to impose liability on Join A Join or seek any legal remedy from or against Join A Join, with respect to such actions or omissions.

 

3.4 Although Join A Join at no time assumes responsibility for the confirmation of a Member’s identity, it may choose, at its own discretion and in order to potentially prevent fraud, and as permitted by law, to (i) ask Members to provide government identification or any other information that helps with successful verification of the identity and background of Members, and (ii) obtain information from other sources as to a Member’s identity or background.

 

4. Account Registration and Security

 

4.1 You may view listings of Joins as an unregistered visitor to our Site.  However, in order to access our Services and list or book a Join, you will be required to create an account, and your use of the account shall at all times be governed by these Terms of Service. At the time of registration, we will request that you provide certain contact information (such as your e-mail address) and ask that you create a username and password. You can edit this information and provide additional information at any time. 

 

4.2 You may also be able to register to access our Services and list or book a Join, by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site. As part of the functionality of the Site and Services, you may be able to link your Join A Join Account with Third Party Accounts, by either: (i) providing your Third-Party Account login information to Join A Join through the Site and Services; or (ii) allowing Join A Join to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third Party Account login information to Join A Join and/or grant Join A Join access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Join A Join to pay any fees or making Join A Join subject to any usage limitations imposed by such third party service providers. By granting Join A Join access to any Third-Party Accounts, you understand that Join A Join may access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site and Services via your Join A Join Account and Join A Join Account profile page. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Join A Join Account on the Site and Services. Please note that if a Third-Party Account or associated service becomes unavailable or Join A Join’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the Services. You have the ability to configure certain portions of the connection between your Join A Join Account and your Third-Party Accounts, at any time, by accessing the “Profile” section of the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Join A Join makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Join A Join is not responsible for any SNS Content.

 

4.3 Your account is at all times the property of Join A Join, and we reserve the right to monitor the use of your account for any purpose.  We shall have sole discretion to disclose and share the information that you provide as part of your account, as well as all communications and information that you submit to or through our Site or in connection with our provision of Services, subject to the terms and conditions of our Privacy Policy, which can be found at http://www.joinajoin.com/page/privacy_policy. In creating and using your account, you agree to provide true, accurate, complete and current account data on any registration form required and maintain and promptly update the account data to keep it true, accurate, current and complete.  You also acknowledge and agree that you may not have more than one active account.  If you provide any account data that is not, or we reasonably suspect is not, true, accurate, current and incomplete, or if you create more than one active account, we may suspend or terminate your account and our Services and refuse any and all current or future use by you of your account or our Services.

 

4.4 We use certain encryption technologies and other reasonable precautions to protect the privacy and security of your account data.  However, you are ultimately responsible for protecting your account data from disclosure to third parties, and you are not permitted to circumvent the use of any applicable encryption technologies or other security measures.  You agree not to allow anyone to have access to your account, to notify us immediately of any unauthorized use of your account or account data or any other breach of security and to ensure that you log out and exit from your account at the end of each session.  While we may implement reasonable precautions to protect your account data and other confidential information, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure or that such transmissions are free from delay, interruption, interception or error.  You are always responsible for use of your account by yourself and others, including those persons that gained unauthorized access to your account through your acts and omissions.

 

4.5 You agree to (i) keep your password and online ID for both your account with us and your e-mail account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password.  Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request.

 

4.6 We discourage you from giving anyone access to your online ID and password for your account with us and your email account.  However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us and/or your email account, even those transactions that are fraudulent or that you did not intend or want performed.   

 

4.7 EACH MEMBER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER JOIN A JOIN NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY MEMBER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY MEMBER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR JOIN A JOIN ACCOUNT OR YOUR E-MAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH JOIN A JOIN AND OTHER USERS.  

 

4.8 Further, we may, without notice to you, suspend or cancel your Listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.

 

5. Join Listings and Content

 

5.1 Creation of Join Listings

 

5.1.1 All Members may create Joins and list them on our Site. You will be asked a variety of questions about the Join to be listed, including, but not limited to, the location, features, availability, duration, required skills or experience, pricing and related financial terms.  You will also be able to create, upload and add any content which may aid in marketing your Listing. You may also include additional eligibility requirements or other information that you feel would be helpful or necessary.  In order to be featured in listings via our Site and Services, all Joins must have valid physical addresses.  Joins are made publicly available via our Site and Services.  You will be able to view and book a Join based upon the information provided in the listing or request Joins with certain characteristics.  You acknowledge and agree that you are responsible for any and all Joins listed under your account.  We reserve the right, at any time and without prior notice, to remove or disable access to any Join listing for any reason.

 

5.2 Ownership and Responsibility for Member Content

 

5 5.2.1 Join A Join may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, postings, e-mails, blogs, chat rooms, or other materials and information on or through the Site and Services ("Member Content"); and (ii) access and view Member Content and any content that Join A Join itself makes available on or through the Site and Services, including proprietary Join A Join content and any content licensed or authorized for use by or through Join A Join from a third party.

 

5.2.1 You are solely responsible for any Member Content, and warrant and agree that any such Member Content will be truthful, accurate, not misleading, and offered in good faith and that you have the right to provide, use and transmit such Member Content. Certain of the Member Content submitted by you may be subject to our Privacy Policy (available at http://www.joinajoin.com/page/privacy_policy).  See Join A Join’s Privacy Policy for information and notices concerning Join A Join’s collection and use of your personal information.

 

5.2.2 As the person solely responsible for all Member Content, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Join A Join the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Join A Join’s use of the Member Content (or any portion thereof) on, through or by means of the Site and Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

5.2.3 You agree that you will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any Join A Join policy. Join A Join may, without prior notice, remove or disable access to any Member Content that Join A Join finds to be in violation of these Terms or Join A Join's then-current Policies, or otherwise may be harmful or objectionable to Join A Join, its Members, third parties, or property.

 

5.2.4 All Member Content and copy edits submitted by Members are subject to review and approval by us in our sole discretion.  We reserve the right to refuse to publish any Member Content that we determine in our sole discretion does not meet these Terms or is otherwise unacceptable to us.  However, we assume no duty to review Member Content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any Member Content, photograph or copy submitted by any Member. All Member Content must meet these Terms. We reserve the right to edit Member Content submitted to the Site or Services in a non-substantive manner solely to ensure that the Member Content complies with formatting requirements. Members are responsible for reviewing and ensuring that any Member Content displayed on the Site appears as the Member intended.

 

5.2.5 By submitting anything to us by electronic mail, postings on the Site, or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Join A Join, a nonexclusive, royalty-free, perpetual, irrevocable and fully transferable right to do the following with any submissions: (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such submission.

 

5.3 Photographs, Images, Pictures and Videos

 

5.3.1 Join A Join recognizes that photographs, images, pictures and videos constitute a principal and crucial component of Member Content provided by Members in order to market their Listings. Accordingly, all photographs, images, pictures and videos submitted by Members in any and all formats, as well as any photographic material residing on the Site, any third-party web page, web site, or other resource for procurement as directed by Member, should depict the property or experience as its main subject, and may not include children or adults if you do not have their legal consent or any information or images that would violate the privacy rights, intellectual property rights (including but not limited to copyright rights) or any other rights of a third party. Join A Join reserves the right to not display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us. 

 

5.3.2 By submitting a photograph, image, picture or video to Join A Join, or by identifying any such material residing on any third-party web page, web site, or other resource for procurement as directed by Member, a Member represents and warrants that (a) it holds all intellectual property rights (including but not limited to all copyright rights), (b) that any people in the photograph, image, picture or video have given permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph, image, picture or video accurately and fairly represents the subject of the photograph image or picture and has not been altered in any manner that would mislead a viewer of that photograph, image or picture, and (d) that it will indemnify and hold harmless Join A Join from any cause of action arising from any misrepresentation with respect to any and all photographs, images, pictures or videos so submitted or in the event of claims that the use of a photograph, image, picture or video violates another party’s copyright. It is the Member’s responsibility to obtain any and all permissions required to use, post and grant the foregoing rights in all photographic and other material used in its listings.  The Member warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request. Each Member further agrees that we may reproduce in whole or in part any photograph, image, picture or video supplied by such Member in the promotion of either such Member’s Listing or Join A Join’s Site and Services, as further described below.

 

5.3.3 Join A Join may, at its sole discretion, to promote the Join A Join Site and Services and aid a Member to market or otherwise improve the visibility or quality of Listings in general to potential guests, through the online or offline publication and marketing of Member Content via any and all photographs, images, pictures or videos provided by Members, and via any such material residing on any third-party web page, web site, or other resource for procurement as directed by Member. To this end, Join A Join may further use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform said photographs, images, pictures or videos, throughout the world in any media, now known or hereafter devised.

 

5.3.4 Join A Join may also use online or offline any and all photographs, images, pictures or videos provided by Members, as well as any such material residing on any third-party web page, web site, or other resource for procurement as directed by Member, in order to market its Site and Services. To this end, Join A Join may further use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform said photographs, images, pictures or videos, throughout the world in any media, now known or hereafter devised.

 

5.3.5 Join A Join may choose to conduct the marketing of Member’s Listings, as well as the marketing of its Site and Services, as described above, through its Site, through third parties, through links to Listings and the like, and through any service provider, in any media format or service, now known or hereafter devised (such as, and including, Facebook, and other online social media services, radio, television, newspapers, online publications, blogs, e-mail, etc.). 

 

5.3.6 Members recognize that Join A Join’s use of said Member Content, including photographs, images, pictures and videos, does not and will never constitute a declaration of ownership of said Member Content. All Member Content, including all photographs, images, pictures and videos, is at all times the exclusive property and responsibility of Members, which Join A Join uses pursuant to the licensing terms described below.

 

5.4 Granting of License over Member Content

 

5.4.1 Member represents and warrants that (i) all Member Content submitted to Join A Join by a Member, or made available by a Member on or through our Site and Services, whether to market their services through a Listing or to market them through Join A Join, as well as any Member Content residing on any third-party web page, third-party web site, or other resource as directed by Member, including any text, photographs, images, pictures and videos, and related material, has all rights, licenses, consents and releases that are necessary to grant to Join A Join the rights in such Member Content, as contemplated under these Terms; and (ii) Join A Join’s use of the Member Content (or any portion thereof) on, through or by means of the Site and Services will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 

 

5.4.2 With respect to all Member Content, you hereby grant to Join A Join a worldwide, irrevocable, perpetual (or for the term of the protection), exclusive, transferable, royalty-free license, with the right to sub-license, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view and otherwise exploit such Member Content, including any photographs, images, pictures and videos for advertising, marketing and/or any other business purposes by means of our Site and Services, and in any media or platform, whether in relation to your Listing, Join A Join’s marketing efforts, or otherwise, without further notice or compensation to you. We do not claim any ownership rights in any such Member Content, and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such Member Content. 

 

6. Service Fees

 

6.1 Join A Join charges service fees to Hosts (“Host Booking Fees”) and Guests (“Guest Service Fees”) (collectively, “Service Fees”) for the use of its Site and Services, typically as a percentage of the Listing Fee, in turn comprising a subtotal price set exclusively by the Host for the services to be provided, as described below. This percentage is calculated using a variety of factors, which typically includes the reservation subtotal, the length of the stay, and characteristics of the listing. In general, the Service Fee gets lower as the reservation cost gets higher. Guests see this fee on the checkout page before they book a reservation.

 

6.2 Guest Service Fees charged on Adventure Joins. Join A Join currently charges a Guest Service Fee typically ranging between four and six percent (4%-6%) of the Listing Fee (in this case of an Adventure Join, a subtotal amount paid by a Guest for the Host’s experience offered, but excluding taxes). The Guest Service Fee is added to the Listing Fee in order to calculate the total fees to be paid by the Guest for booking an Adventure Join (the “Total Fees” for Adventure Joins). 

 

6.3 Host Booking Fees charged on Adventure Joins. Join A Join currently charges a Host Booking Fee of 18% commission of the Listing Fee, excluding applicable taxes.

 

6.4 Guest Service Fees charged on Property Joins. Join A Join currently charges a Guest Service Fee typically ranging between five and fifteen percent (5%- 15%) of the Listing Fee (in this case of a Property Join, the nightly rate plus cleaning fee and additional guest fee, if applicable, but excluding taxes). The Guest Service Fee is added to the Listing Fee, applicable taxes, and a Security Deposit if applicable, in order to calculate the total fees to be paid by the Guest for booking a Property Join (the “Total Fees” for Property Joins).

 

6.5 Host Booking Fees charged on Property Joins. Join A Join currently charges a Host Booking Fee typically ranging between five and ten percent (5% - 10%) of the Listing Fee, excluding applicable taxes.

 

6.6 Payout of Listing Fee to Hosts. Join A Join will collect the Total Fee at the time of booking confirmation (i.e. when the Host confirms the booking within the period of approximately 24 -30 hours from the moment the booking request was made) and will remit payment of the Listing Fee (less the Host Booking Fee and applicable taxes) to the Host within approximately the next 48 hours of when, in the case of Adventure Joins, the Guest arrives at the applicable Adventure, and in the case of Property Joins, the Guest checks in at the applicable Property (except to the extent that a refund is due to the Guest). However, please note that we will not be responsible for delays in remitting the Listing Fee, which can vary based on the bank, currency, location, amongst others.

 

6.7 Join A Join does not determine the amount of the Listing Fee. It is the Host’s sole and exclusive responsibility to set the amount of the Listing Fee. Also, with respect to Adventure Joins, it is the Host, and not Join A Join, who is exclusively responsible for collecting and remitting applicable taxes to the taxing authorities.

 

7. Terms Specific for Hosts

 

7.1 When creating a Listing through our platform, you are responsible for all content included therein. Thus, you are responsible for including complete and accurate information about the service or experience that you provide, such as an accurate description of the same, location where service or experience will be provided, availability during specific dates, cancellation policy (which must never conflict with the policies outlined in these Terms) and any other pertinent information which fully informs the Guest about the service or experience to be provided.

 

7.2 You are solely responsible for setting and accurately describing the Listing Fee which you will charge for the service or experience that you will provide. When setting the Listing Fee, you must take into account all applicable additional charges, such as cleaning fees, and any other charges which may apply to your Listing. The Listing Fee must be accurately displayed in your Listing at all times, and you may not request from a Guest to pay a different amount than the one listed at the time of booking.   

 

7.3 Once a booking is requested by a Guest via our Site or Services for a Join you have listed on our Site, you will be required to either confirm or reject the booking within a specified timeframe (usually 24 - 30 hours of when the booking is requested) or the booking request will automatically be cancelled.

 

7.4 When a booking is requested, we will provide you the first and last name of the Guest who has requested the booking and a link to the Guest’s profile page so that you can view such information before confirming or rejecting the booking.  You may communicate with the Guest via e-mail, our Site or Services or otherwise if you need additional information before confirming the booking.  

 

7.5 If you decide to reject a booking or are unable to confirm a booking within the applicable timeframe, any amounts collected by Join A Join for the requested booking will be refunded to the Guest.  When a booking is confirmed, both the Guest and the Host will receive notification from Join A Join confirming such booking.  You may be able to create a listing that is pre-scheduled for a specific time and date, where the Guest’s booking may be automatically confirmed (a “Pre-Approved Event”). When you confirm a booking requested by a Guest, Join A Join will send you an e-mail confirming such booking, depending on the selections you make via the Site and Services.

 

7.6 All Listings will specify the Total Fees. As noted above, except in the case of a Pre-Approved Event, the Host is required to either confirm or reject the booking within the specified timeframe (which is generally within 24 - 30 hours of when the booking is requested, as determined by Join A Join in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by Join A Join will be refunded to the Guest depending on the selections the Guest makes via the Site, if any and where applicable, and any pre-authorization of such Guest’s credit card will be released, if applicable.

 

7.7 You represent and warrant that the listing and booking by you of any Join will not breach any agreements you have entered into with, or conflict with the rights of, any third parties and will be in compliance with all applicable laws, rules, regulations, tax requirements, ordinances and permits and all union, including, but not limited to, tourism, tour Host licensing laws, and other laws governing events and tours of public spaces and other venues, zoning laws and laws governing rentals of residential and other properties, trade group and trade association requirements (“Applicable Laws”).  We assume no responsibility for your compliance with such Applicable Laws.  You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals participating in a Join at your request or invitation.  We reserve the right, at any time and without prior notice, to remove or disable access to any Join for any reason, including Joins that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms of Service or otherwise harmful to our Site or Services or the public at large, or to suspend or terminate your account as set forth below.

 

7.8 Each Host hereby appoints Join A Join as the Host’s limited agent solely for the purpose of collecting payments made by Guests on behalf of the Host. Each Host agrees that payment made by a Guest to Join A Join shall be considered the same as a payment made directly to the Host, and the Host will make the Join available to Guest in the agreed upon manner as if the Host has received the Join Fees. Each Host agrees that Join A Join may, in accordance with Join A Join’s cancellation policy available at http://www.joinajoin.com/faqs, or in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing (i) permit the Guest to cancel the booking and (ii) refund to the Guest that portion of the Fees specified in Join A Join’s cancellation policy or in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Host, Join A Join assumes no liability for any acts or omissions of the Host. Please note that Join A Join does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Join A Join reserves the right, at its sole discretion, to charge you for and collect fees from you for the creation of Listings in accordance with the modified section of these Terms. Please note that Join A Join will provide notice of any Listing fee collection via the Site and Services, prior to implementing such a Listing fee feature.

 

7.9 Although you may have been enrolled in the Accommodations Protection Program (as described below), you acknowledge and agree that we do not act as an insurer for you. We recommend that you obtain and maintain appropriate insurance for any Joins that you list or book and carefully review any insurance policy that you may have to make sure that you understand the terms, including any exclusions, deductibles and coverage limits.

 

8. Terms Specific for Guests

 

8.1 Subject to meeting any requirements (such as completing any verification processes) set by Join A Join and/or the Host, you can book a Listing available on the Join A Join Site and Services by following the respective booking process. Total Fees (including the Listing Fee, Security Deposit if applicable, Guest Service Fee and any applicable taxes) will be presented to you prior to booking a Listing.

 

8.2 As a Guest, you recognize and accept that the Host, not Join A Join, is solely responsible for honoring any confirmed bookings and making available any Join reserved through the Site and Services. Upon receipt of a booking confirmation from Join A Join, a legally binding agreement (including releases) is formed with the Host, and you accept any terms, conditions, rules and restrictions associated with such Join imposed by the Host in its Listing and any other additional terms and conditions of the Host that apply. You acknowledge and agree that you, and not Join A Join, will be responsible for performing the obligations of any such agreements, that Join A Join is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Join A Join disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Join A Join is not a party to any agreements between you and the Host, Join A Join acts as the Host’s payment agent for the limited purpose of accepting payments from you on behalf of the Host. 

 

8.3 As a Guest, you will be asked at the time you request a booking to provide customary billing information to Join A Join and any third-party payment processor we may use, such as name, billing address and credit card information.  You agree to pay to Join A Join via credit card the Total Fee for any Join booked by you that is confirmed by the Host and authorize Join A Join to collect such amounts by charging the credit card account provided by you as part of requesting the booking.  You also authorize Join A Join to charge your credit card account for any Security Deposit (as set forth below) that may be required by the Host.  Please note that we cannot control any fees that may be charged to a Guest by his or her bank related to our collection of the Total Fee, and we disclaim all liability in this regard.  Once the transaction is complete, you will receive a confirmation e-mail summarizing the confirmed booking. 

 

8.4 You agree to pay Join A Join for the Total Fees for any booking requested in connection with your Join A Join Account if the applicable Host confirms such requested bookings. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that Join A Join, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting to verify your credit card. If Guest does not possess a credit card or similar form of payment, Join A Join and Guest may also agree, at Join A Join’s sole discretion and approval, to identify and establish another method of payment which properly guarantees successful payment in order to establish a booking (such as electronic bank transfers, PayPal, any other method of electronic payment or transfer, or any method of physical payment). Once Join A Join receives confirmation of your booking from the applicable Host, Join A Join will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing.

 

8.5 We may choose to use a third-party payment processor for the purpose of processing your payment of the Total Fee, and you authorize Join A Join to do so.  If we choose to do so and you are directed to a third-party payment processor, you understand and agree that you will be subject to terms and conditions governing the use of that third party’s service and that third party’s personal information collection practices.  Please review such terms and conditions and privacy policy before using such services.  We may also use credit agencies for the purpose of checking your credit, and you authorize Join A Join to provide such credit agencies with any credit card and billing payment information that you provide to Join A Join.  

 

8.6 As a Guest, at the time you book a Join we will obtain a pre-authorization via your credit card for the Total Fee for such Join.  Once we receive confirmation of your booking from the Host, we will charge your credit card for the Total Fee.  We will initiate payment of the Listing Fee as applicable (less our Host Booking Fee, as described above) to the Host within approximately the next 48 hours from commencement of the Join. Upon payment by you to Join A Join of the Total Fee for a Join booked by you, your payment obligation to the Host for the Join Fee is extinguished, and we will be responsible for remitting such Join Fee to the Host.  In the event that we do not remit the required amount to the Host, such Host will have recourse only against Join A Join and not you as the Guest.  

 

9. Security Deposits 

 

9.1 Hosts may choose to include security deposits in their Joins (“Security Deposits”) in order to respond for any claims made by the Hosts with regard to a Guest’s booking, including any damages and related claims.  Each Join will describe whether a Security Deposit is required for such Join, the amount of such Security Deposit and the conditions for its return to the Guest.  If a Security Deposit is included in a Join, we will obtain a pre-authorization of the Guest’s credit card at the time a Join is booked in the amount of the Security Deposit.  If Guest does not possess a credit card or similar form of payment, Join A Join and Guest may also agree, at Join A Join’s sole discretion and approval, to identify and establish another method of payment which properly guarantees successful payment in order to establish a booking (such as electronic bank transfers, PayPal, any other method of electronic payment or transfer, or any method of physical payment). 

 

9.2 Join A Join may charge any other payment method on file in your Join A Join account at the time of the claim. Join A Join also reserves the right to otherwise collect payment from you and pursue any remedies available to Join A Join in this regard in situations in which you are responsible for a claim, including, but not limited to, in relation to any payment requests made by Hosts.

 

9.3 Join A Join will not be responsible for administering, accepting or rejecting any claims by Hosts related to Security Deposits and disclaim any and all liability in this regard.  If a Host makes a claim related to the Security Deposit, we will charge the Guest’s credit card for the amount of the claim and pay such amount to the Host.  Any dispute between the Guest and the Host with respect to the Security Deposit shall be between such Guest and Host, and such Guest and Host agree that we shall have no involvement or liability with respect to such dispute.  

 

10. Cancellations and Refunds

 

10.1 Adventure Joins - Cancellations and Refunds

 

10.1.1 If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, Join A Join will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. 

 

10.1.2 You agree to pay Join A Join for the Total Fees for any booking requested in connection with your Join A Join Account if the applicable Host confirms such requested bookings. Once the applicable Host confirms your booking, your Join booking is non-refundable, except as described below. If, as a Guest, you wish to cancel a confirmed booking made via the Site and Services, the cancellation policy as provided below will apply to such cancellation. For each such policy, you will remain liable for the non-refundable Services Fees and any non-refundable Security Deposit.

 

10.1.3 Adventure Guest Cancellation Policies. At Join a Join we have 3 types of Adventure cancellation policies. Each Host has the option to choose the policy that best fits their needs.

 

  •  Flexible – Guest must cancel one (1) day prior to event (until 5:00p.m. the day prior to the reserved date).  If a cancellation is made within the specified timeframe, the Guest may receive up to a 100% refund, less any Services Fees. There will be no refunds for cancellations made outside the specified timeframe.

 

  •  Standard – Guest must cancel three (3) days prior to the event (until 5:00p.m. on the third day prior to the reserved date).  If a cancellation is made within the specified timeframe, Guest may receive up to a 100% refund, less any Services Fees. There will be no refunds for cancellations made outside the specified timeframe.

 

  •  Moderate – Guest must cancel five (5) days prior to the event (until 5:00p.m, on the fifth day prior to the reserved date). If a cancellation is made within the specified timeframe, Guest may receive up to a 100% refund, less Services Fees. There will be no refunds for cancellations made outside the specified timeframe.

 

10.1.4 Adventure Host Cancellations and Refunds. If a Host cancels a confirmed booking made via the Site and Services, (i) Join A Join will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest may receive an e-mail or other communication from Join A Join containing alternative Listings and other related information. If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested booking, then the Guest agrees to pay Join A Join the Total Fees relating to the confirmed booking for the Adventure in the alternative Listing, in accordance with these Terms. In the event the alternative Adventure is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Adventure is of a lower price, you may be entitled to a partial refund for the difference. If a Host cancelled a confirmed booking and you, as a Guest, have not received an e-mail or other communication from Join A Join, please contact Join A Join at customersupport@joinajoin.com.

 

10.1.5 Cancellation in the Event of Inclement Weather (Adventures). Certain Adventures may be weather-dependent. Notwithstanding the foregoing, in the event of inclement weather, the Host has the discretion as to whether the weather conditions will prevent the Adventure from taking place. As a Host, if you need to cancel an Adventure for reasons of inclement weather, you must contact the Guest and Join A Join (at customersupport@joinajoin.com) as early as possible. Subject to the Guest’s consent, the Guest and Host may choose to reschedule the Adventure for another date.

 

10.1.6 If the Adventure cannot be rescheduled, as a Guest, please contact Join A Join so we may assist in finding a replacement, non-weather-dependent Adventure. In the event the alternative Adventure is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Adventure is of a lower price, you may be entitled to a partial refund for the difference. As a Guest, if you have contacted Join A Join as provided above and Join A Join is unable to find you a replacement for the Adventure, Join A Join may refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation.

 

10.2 Adventure Guest Refund Policy Terms

 

10.2.1 These terms and conditions govern the Join A Join Adventure Guest Refund Policy (the “Adventure Guest Refund Policy”) available to Adventure Guests who book and pay for an Adventure listed by a Host through the Join A Join platform and suffer a Travel Issue and the obligations of the Host associated with the Adventure Guest Refund Policy.

 

10.2.2 Travel Issue. For purposes of this Adventure Guest Refund Policy, a “Travel Issue” means any one of the following: (a) the Adventure Host (i) cancels a reservation shortly before the scheduled start of the reservation, (ii) fails to arrive for the Adventure within 20 minutes of the scheduled start time, or (iii) fails to provide the Guest with the reasonable ability to access the Adventure (e.g., by allowing the Guest access to the space in which the Experience will happen or begin if applicable); (b) the description of the Adventure in the listing on the Site is materially inaccurate with respect to: (i) the duration of the Adventure, (ii) the content of the Experience (including but not limited to the stated activities or sites, as applicable), or (iii) the physical location of the Adventure; (c) during the Guest’s Adventure, conditions do not meet safety or health hazards that would be reasonably expected, given the nature of the particular Adventure, in Join A Join’s judgment.

 

10.2.3 The Adventure Guest Refund Policy. If you are an Adventure Guest and suffer a Travel Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Site, as determined by Join A Join in our discretion, depending on the nature of the Travel Issue suffered or (ii) use our reasonable efforts to find and book you another Adventure which in our determination is reasonably comparable to the Adventure described in your original reservation in terms of content and quality. For clarity, in the event the alternative Adventure is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Adventure is of a lower price, you may be entitled to a partial refund for the difference. All determinations of Join A Join with respect to the Adventure Guest Refund Policy, including without limitation the size of any refund, shall be final and binding on the Guests and Hosts.

 

10.2.4 Conditions to Claim a Travel Issue. Only the Guest may submit a claim for a Travel Issue. If you are a Guest, in order to submit a valid claim for a Travel Issue and receive the benefits with respect to your reservation, you are required to meet each of the following conditions: (a) you must report the Travel Issue to Join A Join in writing (at customersupport@joinajoin.com) and provide Join A Join with information (including photographs or other evidence) about the Adventure and the circumstances of the Travel Issue within 24 hours after the start of your reservation, and must respond to any requests by Join A Join for additional information or cooperation on the Travel Issue; (b) you must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence); and (c) you must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Host prior to making a claim for a Travel Issue (and you must provide evidence of having done so).

 

10.2.5 Minimum Quality Standards, Host Responsibilities and Reimbursement to Adventure Guest. If you are a Host, you are responsible for ensuring that the Adventures you list on the Site meet minimum quality standards regarding adequacy of the description on the Site, safety, health, and do not present the Guest with Travel Issues. Throughout the Adventure, Hosts should be available in order to try, in good faith, to resolve all Guest issues.

 

10.2.6 If you are a Host, and if (i) Join A Join determines that the Guest has suffered a Travel Issue related to an Adventure listed by you and (ii) Join A Join either reimburses that Guest any amount up to the amount paid by the Guest through the Site for the Adventure or provides an alternative Adventure to the Guest, you agree to reimburse Join A Join up to the amount paid by Join A Join within 15 days of Join A Join’s request. All determinations of Join A Join with respect to the Adventure Guest Refund Policy, including without limitation the size of any refund to the Guest, shall be final and binding on the Guests and Hosts. You also agree that in order for you to reimburse Join A Join up to the amount paid by Join A Join, Join A Join may off-set or reduce any amounts owed by Join A Join to you by this amount. If the Guest is rescheduled to an alternative Adventure, you may lose part or all of the Adventure Join Fee payment for the booking and you may be responsible for reasonable additional costs incurred to reschedule the Guest to the alternative Adventure.

 

10.2.7 The rights of the Guests under the Adventure Guest Refund Policy supersede the cancellation policy that otherwise applies to a particular Adventure. If you dispute the Travel Issue you may notify Join A Join in writing (customersupport@joinajoin.com) and provide Join A Join with information (including photographs or other evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Guest prior to disputing the Travel Issue claim (and you must provide evidence of having done so). You agree that all determinations of Join A Join with respect to the Travel Issue shall be final and binding on the Guests and Hosts regardless of your submission of a dispute against such Travel Issue. In the event of one or more Travel Issues, Join A Join, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your listing ranking, automated reviews or notifications indicating Travel Issues, cancelling future bookings, suspending or removing the listing of the Adventure or imposing penalties or fees for the administrative burden associated with the Travel Issues.

 

10.3 Property Joins - Cancellations and Refunds 

 

10.3.1 If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, Join A Join will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed booking made via the Site and Services, either prior to or after arriving at the Property, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Listing Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site.

  

10.3.2 To receive a refund of the Listing Fee, you must cancel your reservation within 24 hours from the moment the booking request was accepted by the Host. A refund of the Listing Fee will be credited to the original form of payment only if the reservation you want to cancel is eligible for a refund under the cancellation policy the Host selected for that property. Please contact customersupport@joinajoin.com in order to process any requests for refund of the Listing Fee. 

 

10.3.3 Join A Join Service Fees are non-refundable after the booking request was accepted by the Host. However, Join A Join, at its discretion and depending on the circumstances surrounding a specific booking, may consider refunding a Service Fee to the Guest upon request, and only if the reservation you want to cancel is eligible for a refund under the cancellation policy the Host selected for that property. In order to evaluate the cancellation of a Service Fee, you must first cancel your reservation within 24 hours from the moment the booking request was accepted by the Host. If Join A Join approves your refund request, a refund of the Service Fee will be credited to the original form of payment. Please contact customersupport@joinajoin.com in order to process any requests for refund of the Listing Fee.

 

10.3.4 If you have a booking request that was accepted by the Host and you need to cancel the reservation during the No Refund Period, you must contact the Host within 12 hours from the moment the booking request was confirmed to verify whether the Host agrees to give a full or partial refund. If the Host accepts to give you a refund, both Members (Host and Guest) must contact customersupport@joinanoin.com and give the details of the agreement between the Members. This refund will be credited to the original form of payment.

 

10.3.5 No Refund Period / Not Eligible under Cancellation Policy

 

  •  Flexible – a Booking Request was made and accepted in less than 1 day of the Check-In

 

  •  Moderate – a Booking Request was made and accepted in less than 5 days of the Check-In

 

  •  Strict – a Booking Request was made and accepted in less than 7 days of the Check-In

 

  •  30 day – a Booking Request was made and accepted in less than 30 days of the Check-In

 

  •  No Refund - a Booking Request was made and accepted

 

  •  Super Strict – a Booking Request was made and accepted

 

10.3.6 Property Guest Cancellation Policy

 

  •  Flexible – Guest must cancel 1 full day (24 hours) prior to check-in (or 3:00 p.m. if not specified) on the day of check-in. Travel Joiner receives a 100% refund, minus Join A Join Service Fees. If you cancel with less than 24 hours of anticipation, there will be no refund.

 

  •  Moderate – Guest must cancel 5 full days prior to check-in (or 3:00 p.m. if not specified) on the day of check-in. Travel Joiner receives a 100% refund, minus Join A Join Service Fees. If you cancel with less than 5 days of anticipation, there will be no refund.

 

  •  Strict – Guest must cancel 7 full days (1 week) prior to check-in (or 3:00 p.m. if not specified) on the day of check-in. Cancellations requested with 7 or more days in advance receive a 50% refund, minus Join a Join Service Fees. If you cancel with less than 7 days of anticipation, there will be no refund.

 

  •  30 day – Guest must cancel 30 full days (1 month) prior to check-in (or 3:00 p.m. if not specified) on the day of check-in. Cancellations requested with 30 or more days in advance receive a 100% refund, minus Join A Join Service fees. If you cancel with less than 30 days of anticipation, there will be no refund.

 

  •  Super Strict – Guest must cancel 30 full days (1 month) prior to check-in (or 3:00 p.m. if not specified) on the day of check-in. Cancellations requested with 30 or more days in advance receive a 50% refund, minus Join A Join Service Fees. If you cancel with less than 30 days of anticipation, there will be no refund.

 

  •  No Refund - There will be no refund. (This Cancellation Policy only applies to special circumstances and is by invitation only).

 

10.3.7 Please note that, aside from the Property Join cancellation policies described above, cleaning fees will be refunded if the Guest did not check in.  Additionally, Join A Join Service Fees are non-refundable. For complaints from either party, please notify Join A Join’s customer service at customersupport@joinajoin.com within twenty-four (24) hours of checking in. Join A Join hopes to mediate any disputes if necessary, and reserves the right to have the final say in all disputes.  Reservations are not officially cancelled until you click the Confirm Cancellation button on the dashboard. Guest Refund Policy, safety cancellations, or extenuating circumstances may supersede the Cancellation Policy.

 

10.3.8 Property Host Cancellation and Refunds. If a Host cancels a confirmed booking made via the Site and Services, (i) Join A Join will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an e-mail or other communication from Join A Join containing alternative Listings and other related information. If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested booking, then the Guest agrees to pay Join A Join the Total Fees relating to the confirmed booking for the Property in the alternative Listing, in accordance with these Terms.

 

10.4 Property Guest Refund Policy Terms

 

10.4.1 These terms and conditions govern the Join A Join Property Guest Refund Policy (the “Property Guest Refund Policy”) available to Guests who book and pay for a Property listed by a Host through the Join A Join platform and suffer a Travel Issue and the obligations of the Host associated with the Property Guest Refund Policy.

 

10.4.2 Travel Issue. For purposes of the Property Guest Refund Policy, “Travel Issue” means any one of the following: (a) the Property Host (i) cancels a reservation shortly before the scheduled start of the reservation, or (ii) fails to provide the Property Guest with the reasonable ability to access the Property; (b) the description of the Property in the listing on the Site is materially inaccurate with respect to: (i) the size of the Property (e.g., number and size of the bedroom, bathroom and/or kitchen or other rooms), (ii) whether the reservation for the Property is for a private room or shared room, and whether another party, including the Host, is staying at the Property during the reservation, (iii) special amenities or features represented in the listing description are not provided or do not function, such as decks, pools, hot tubs, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), and electrical, heating or air condition systems, or (iv) the physical location of the Property (proximity); (c) at the start of the reservation, the Property: (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Guest’s stay at the Property in Join A Join’s judgment, (iii) does not contain clean bedding and bathroom towels available for the Guest’s use, or (iv) has vermin or contains pets not disclosed on the listing.

 

10.4.3 The Property Guest Refund Policy. If you are a Guest that booked a Property and suffers a Travel Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Site, as determined by Join A Join in our discretion, depending on the nature of the Travel Issue suffered or (ii) use our reasonable efforts to find and book you another Property for any unused nights left in your reservation which in our determination is reasonably comparable to the Property described in your original reservation in terms of size, rooms, features and quality. All determinations of Join A Join with respect to the Property Guest Refund Policy, including without limitation the size of any refund, shall be final and binding on the Guests and Hosts.

 

10.4.4 Conditions to Claim a Travel Issue. Only a Property Guest may submit a claim for a Travel Issue. If you are a Guest, in order to submit a valid claim for a Travel Issue and receive the benefits with respect to your reservation, you are required to meet each of the following conditions: (a) you must bring the Travel Issue to our attention in writing at customersupport@joinajoin.com and provide Join A Join with information (including photographs or other evidence) about the Property and the circumstances of the Travel Issue within 24 hours after the start of your reservation, and must respond to any requests by Join A Join for additional information or cooperation on the Travel Issue; (b) you must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence); and (c) you must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Host prior to making a claim for a Travel Issue (and you must provide evidence of having done so).

 

10.4.5 Minimum Quality Standards, Property Host Responsibilities and Reimbursement to Property Guest. If you are a Host, you are responsible for ensuring that the Properties you list on the Site meet minimum quality standards regarding access, adequacy of the description on the Site, safety, cleanliness, and do not present the Guest with Travel Issues. During the 24-hour period following the Guest’s check-in, Hosts should be available, or make a third-party available, in order to try, in good faith, to resolve Guest issues.

 

10.4.6 If you are a Host, and if (i) Join A Join determines that a Guest has suffered a Travel Issue related to an Property listed by you and (ii) Join A Join either reimburses that Guest any amount up to the amount paid by the Guest through the Site for the Property or provides an alternative Property to the Guest, you agree to reimburse Join A Join up to the amount paid by Join A Join within 15 days of Join A Join’s request. All determinations of Join A Join with respect to the Guest Refund Policy, including without limitation the size of any refund to the Guest, shall be final and binding on the Guests and Hosts. You also agree that in order for you to reimburse Join A Join up to the amount paid by Join A Join, Join A Join may off-set or reduce any amounts owed by Join A Join to you by this amount. If the Guest remains for part or all of the stay despite the Travel Issue, the Guest will receive a refund that will reduce the amount of the Listing Fees ultimately paid to you. If the Guest is relocated to an alternative Property, you may lose part or all of the Listing Fee payment for the booking and you may be responsible for reasonable additional costs incurred to relocate the Guest to the alternative Property.

 

10.4.7 The rights of the Guests under the Property Guest Refund Policy supersede the cancellation policy established by a Host. If you dispute the Travel Issue, you may notify Join A Join in writing (customersupport@joinajoin.com) and provide Join A Join with information (including photographs or other evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Guest prior to disputing the Travel Issue claim (and you must provide evidence of having done so). You agree that all determinations of Join A Join with respect to the Travel Issue shall be final and binding on the Guests and Hosts regardless of your submission of a dispute against such Travel Issue. In the event of one or more Travel Issues, Join A Join, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your listing ranking, automated reviews indicating Travel Issues, cancelling future bookings, suspending or removing the listing of the Property or imposing penalties or fees for the administrative burden associated with the Travel Issues.

 

10.5 General Provisions Applicable to Adventure Guest and Property Guest Refund Policies

 

10.5.1 No Assignment/No Insurance. The Property Guest Refund Policy and the Adventure Guest Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Guest, and the Guest has not paid any premium in respect of the Property Guest Refund Policy and/or Adventure Guest Refund Policy. The benefits provided under the Property Guest Refund Policy and the Adventure Guest Refund Policy are not assignable or transferable by you.

 

10.5.2 Modification or Termination. Join A Join reserves the right to modify or terminate the Property Guest Refund Policy and the Adventure Guest Refund Policy, at any time, in its sole discretion, and without prior notice.  If Join A Join modifies the Property Guest Refund Policy and/or Adventure Guest Refund Policy, we will post the modification on the Site or provide you with notice of the modification and Join A Join will continue to process all claims for Travel Issues for Properties or Adventures made prior to the effective date of the modification.

 

10.5.3 Entire Agreement and Definitions. The Property Guest Refund Policy and the Adventure Guest Refund Policy constitutes the entire and exclusive understanding and agreement between Join A Join and you regarding the respective Property Guest Refund Policy and Adventure Guest Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Join A Join and you regarding the respective Property Guest Refund Policy and the Adventure Guest Refund Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Join A Join Terms of Service.

 

10.5.4 Controlling Law. The Property Guest Refund Policy and the Adventure Guest Refund Policy will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico and the United States of America, without regard to its conflict-of-law provisions.

 

10.5.5 Limitation of Liability. IN NO EVENT WILL JOIN A JOIN’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE JOIN A JOIN POLICY TERMS, EXCEED THE AMOUNT OF THE LISTING FEES AND/OR ADVENTURE JOIN FEES COLLECTED BY JOIN A JOIN FROM THE GUEST. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR BOOKING A PROPERTY, AN ADVENTURE OR OTHERWISE USING THE SITE, SERVICES AS A HOST OR GUEST, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.

 

10.5.6 Contacting Join A Join. If you have any questions about the Property Guest Refund Policy and/or the Adventure Guest Refund Policy, please contact Join A Join at customersupport@joinajoin.com.

 

11 Taxes 

 

11.1 Your state may impose a tax or taxes on the rental of rooms or rental fees. We expect all of our Hosts / Hosts to abide by their local laws, agreements, tax authorities, and any other applicable regulations. You are responsible for managing your taxes and regulatory obligations.  It is important for you to know that you are responsible for understanding all of your tax obligations. Check with the local authorities if you’re uncertain of the requirements in your area and Responsibilities.

 

11.2 Room Occupancy Tax in Puerto Rico

 

11.2.1 Join A Join will collect and remit Room Occupancy Tax on all Puerto Rico bookings and reservations completed on the Join A Join site on or later than March 1, 2018. When booking, all Guests (Guests) will see a separate charge for Room Occupancy Tax, which will be added to the total amount they pay for their booking or reservation. For more information regarding the Room Occupancy Tax in Puerto Rico, you can visit the Puerto Rico Tourism Room Tax website.

 

11.2.2 Hosts / Hosts: If you’ve already been collecting Room Occupancy Tax for bookings on the Join A Join website, you should stop doing so on March 1, 2018. For any offline or online bookings made prior to March 1st, 2018, regardless of when your guest arrives, you’re responsible for collecting and remitting Room Occupancy Tax.

 

11.2.3 Guests / Guests: Guests (Guests) will pay a Room Occupancy Tax of 7% calculated from the total amount to be paid for the rental stay (including cleaning fees), for reservations of 89 nights or less. Should the Room Occupancy Tax be modified by the Puerto Rico government at any time, said modified rate will be charged in compliance with local law.

 

11.2.4 Join A Join at its own discretion may, with prior notification to Hosts / Hosts, stop collecting and remitting the Room Occupancy Tax for any reason. Should Join A Join elect to do so, Hosts / Hosts and Guests / Guests are from that moment responsible and liable for collecting and/or remitting any and all Room Occupancy Tax amounts that may be applicable to any rental. 

 

12 Termination and Account Cancellation

 

12.1 At any time, we may, in our sole discretion and without liability to you, with or without cause or prior notice, terminate your access to our Site and Services and deactivate or cancel your account.  Upon any such termination, deactivation or cancellation, we will pay you within a commercially reasonable time any amounts that we determine are properly owed to you, and you will remain liable for all amounts due hereunder.  You may cancel your account at any time by sending an e-mail to customersupport@joinajoin.com. Please note that, upon such termination, deactivation or cancellation, we do not have an obligation to delete or return to you any Content you have posted to our Site or Services. 

 

13 Claims for Damages to Property, Disputes

 

13.1 As an Adventure Guest, you are responsible for leaving all personal, real, or any other property associated with an Adventure (including equipment, vehicles, spaces, and other property) in the condition that it originally was when you arrived and commenced using the property. You also acknowledge and agree that, as an Adventure Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to attend, participate in, or otherwise provide access to, the Adventure.

 

13.2 As a Property Guest, you are responsible for leaving the Property, as well as all other property associated with the Property, in the condition that it originally was when you arrived and commenced using the Property. You also acknowledge and agree that, as a Property Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to attend, participate in, or otherwise provide access to, the Property.

 

13.3 In the event that a claim is not covered by the Accommodations Protection Program as described below, and a Host provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty-eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Join A Join Account. Join A Join also reserves the right to charge the credit card on file in your Join A Join Account, or otherwise collect payment from you and pursue any remedies available to Join A Join in this regard, including charging security deposits, in order to cover any damages to any property that Join A Join, in its sole discretion, has determined that were caused by you and/or your family members and invitees, as well as to cover any advances that Join A Join may have remitted to Host in this regard. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the property to the applicable Host or to Join A Join (if applicable).

 

13.4 Both Guests and Hosts agree to cooperate with and assist Join A Join in good faith, and to provide Join A Join with such information and take such actions as may be reasonably requested by Join A Join, in connection with any complaints or claims made by Members relating to Adventures or any personal, real or other property associated with an Adventure, claims made by Members relating to Properties or any personal, real or other property located at a Property, or with respect to any investigation undertaken by Join A Join or a representative of Join A Join regarding use or abuse of the Site and Services. If you are a Guest, upon Join A Join’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by Join A Join or a third party selected by Join A Join, with respect to losses for which the Host is requesting payment from you.

 

13.5 If you are a Property Guest, you understand and agree that in the event that a claim is not covered by the Accommodations Protection Program as described below, Join A Join reserves the right, in its sole discretion, to make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for to a Property or any personal or other property located at a Property (including amounts paid by Join A Join). You agree to cooperate with and assist Join A Join in good faith, and to provide Join A Join with such information as may be reasonably requested by Join A Join in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Join A Join may reasonably request to assist Join A Join in accomplishing the foregoing.

 

14 Accommodations Protection Program for Property Hosts

 

14.1 As a Host, you have been enrolled in the Accommodations Protection Program (the “Program”), a unique insurance product designed to protect short-term home rental owners against guest-caused damage. The Program also covers a short-term home rental Host’s personal liability regarding losses that occur during the short-term rental period. Traditional homeowner’s insurance policies may not cover property and liability claims that arise from commercial activities such as short-term home rental activities (refer to your homeowner’s insurance policies for details). Also, Guests will be automatically enrolled in the Program as part of the short-term rental agreement with you.

 

14.2 Summary of Coverage and Benefits:

 

  •  Limited personal liability insurance offered to the Host while the Guest is occupying the Property during the rental period. The Program covers the Host’s liability in the event of bodily injury or property damage sustained by a Guest, a Guest’s family members or their invitees if the Host is legally obligated to pay. Certain liability coverage is also extended to the Host for property damage to adjacent or neighboring structures if the Host is legally obligated to pay. 

 

  •  Limited personal liability insurance offered to Guest while the Guest is occupying the Host’s home during the short-term rental period. The Program covers a Host’s Liability in the event a Guest causes damage to a Host’s Personal Property or property. 

 

14.3 Description of Benefits:

 

The amount of liability coverage extended to a Guest is:

 

  •  Up to USD$5,000 in damage to the Host Personal Property (content); and,

 

  •  Up to USD$25,000 in case of bodily injury and third-party property damage. A Guest’s family members and invitees are also protected under this Program. 

 

14.4 Exclusions and Limitations.  Coverage is only in effect for the short-term rental period time frame, and is limited to losses that occur on the vacation rental property. Damages to property caused by uninvited guests are excluded. Guests are not covered for bodily injury losses to a third party caused by a Guest. Guest’s liability coverage is limited specifically to damage to Host’s Property caused by the Guest. The Guest’s personal property is not covered under this program. This is not travel insurance, and offers no protection (or reimbursement) for trip cancellation and interruption, transportation expenses or lost/stolen baggage. Keep in mind that the Guest’s personal property is not covered under this Program.

 

14.5 Property damage sustained as a result of natural disasters (earthquakes, floods, hurricanes, hail damage or wind damage) or other weather-related events are not covered by the Program. Also, property loss as a result of a mysterious disappearance and normal wear and tear is not covered.

 

14.6 Submission of Claims.  If you become aware of a loss or incident at the Property that occurred during a rental period and that may be covered under the Program, please immediately contact Caribbean American Property Insurance Company to submit the claim form.

 

14.7 Additional Information.  The description above is only a broad, general summary of the Program. The terms and conditions of the manuscript insurance policy will govern the claims adjudication process and all other issues in connection with the Program, including the additional limitations and exclusions. For additional information on coverage limits and terms specific to your property, please contact please contact Join A Join at customersupport@joinajoin.com.

 

14.8 The Program is offered by Caribbean American Property Insurance Company a subsidiary entity of Assurant Services of Puerto Rico, Inc., with administrative offices located at Torre Chardón, 350 Carlos Chardón Ave., Suite 1101, San Juan, Puerto Rico.

 

15 Join A Join Content License

 

15.1 Subject to your compliance with the terms and conditions of these Terms, Join A Join grants you a limited, non-exclusive, non-transferable license to (i) access and view any Join A Join Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

 

15.2 You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Join A Join or its licensors, except for the licenses and rights expressly granted in these Terms.

 

16 Copyright over Join A Join Content

 

16.1 The Content generated by Join A Join and made available through our Site or Services is protected by copyright.  No Content from our Site or Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the written permission of the copyright owner, except that you may download one copy of the Content on any single computer and produce one printed copy for your personal, noncommercial use only, provided that you keep intact all copyright and other proprietary notices.  Modification of the Content or use of the Content for any other purpose is a violation of the copyrights and other proprietary rights of Join A Join or other persons or entities where so indicated.

 

16.2 Permission for all other uses of Content, including reproducing and distributing multiple copies, or linking to any webpage on our Site except the “home page,” requires our advance consent.  The use of any such Content on any other website or networked computer environment is prohibited.  All design rights, databases, compilations and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to the owner of such Content.

 

16.3 Join A Join respects copyright law and expects its Members to do the same. If you believe that any content on the Join A Join Site and Services infringes copyrights you own, or owned by a third party, please notify us at customersupport@joinajoin.com.

 

17 Trademarks

 

17.1 All trademarks, service marks, logos and trade names on our Site or Services, whether registered or unregistered, are proprietary to Join A Join or to other persons or entities where so indicated.  You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the owner thereof.

 

18 Links to Other Websites

 

18.1 For your convenience, our Site may contain links to other websites. If you use these links, you will leave our Site.  We are not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website, whether or not we are affiliated with the owners of, or use the services of, such websites.  

 

18.2 You acknowledge and agree that Join A Join is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Join A Join of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.

 

18.3 Additionally, some portions of the Join A Join Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use.

 

19 Prohibited Activities

 

19.1 In using our Site and Services, you must not conduct any activity which we deem harmful to Join A Join’s property, including its Site and Services, brand, intellectual property, copyrights, technology. In addition to any prohibited activities already described within these Terms, following is a list of additional prohibited activities, which is not exhaustive, as Join A Join reserves the right to review any activity conducted by any of its Members to determine if the same was harmful and warrants any action by Join A Join in order to protect its property:

 

  •  send or otherwise transmit to or through our Site and Services any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material or terms of any kind;

 

  •  violating, or attempting to violate, the security of our Site or Services.  Any such violations may result in criminal and/or civil penalties against you.  We will investigate any alleged or suspected violations, and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

 

  •  violate any Applicable Laws; 

 

  • misrepresent your identity or affiliation in any way; 

 

  • use the Join A Join Site and Services, including its proprietary content or content generated by any Member, for any commercial or other purposes that are not expressly permitted by these Terms of Service or in a manner that falsely implies Join A Join’s endorsement, partnership or otherwise misleads others as to your affiliation with Join A Join; 

 

  • copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Join A Join Site and Services in any way that is inconsistent with its Privacy Policy or these Terms of Service or that otherwise violates the privacy rights of Members or third parties;

 

  • use the Join A Join Site and Services to request, make or accept a booking independent of the Join A Join Site and Services, to circumvent any Join A Join Service Fees or for any other reason;

 

  • use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Join A Join Site and Services, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Join A Join or its licensors, except for the licenses and rights expressly granted in these Terms.

 

  • assist or permit any persons to engage in any of the activities described above.

 

20 Jurisdictional Issues

 

20.1 We make no representation that Content available through our Site or Services is appropriate or available for use in jurisdictions outside of the United States. Those who choose to access our Site or Services from other jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to our Site or Services from jurisdictions where the Content of our Site or Service are illegal or penalized is prohibited.

 

21 Disclaimers 

 

21.1 IF YOU CHOOSE TO USE OUR SITE OR SERVICES, YOU DO SO AT YOUR OWN RISK.  YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY GUEST OR HOST OR ANY OTHER PERSONS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS AT OUR SOLE DISCRETION AND IN ORDER TO PREVENT POSSIBLE FRAUD.

 

21.2 OUR SITE AND SERVICES, AND ANY CONTENT IN CONNECTION THEREWITH, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.  WE MAKE NO WARRANTY REGARDING THE QUALITY OF OUR SITE OR SERVICES, OR ANY CONTENT IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, ANY JOINS, OR THAT THE FOREGOING WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH OUR SITE OR SERVICES OR THAT ANY JOINS WILL MEET YOUR REQUIREMENTS OR ABILITIES.

 

21.3 ALTHOUGH WE MAY IN OUR DISCRETION CHOOSE TO ADVERTISE, HIGHLIGHT OR PROMOTE CERTAIN JOINS AS PART OF OUR OVERALL MARKETING AND PROMOTION STRATEGY, WE DO NOT RECOMMEND OR ENDORSE ANY JOINS OR MEMBERS.

 

 

21.4 YOU AGREE THAT SOME ADVENTURES, EVENTS, OR OTHER JOINS MAY CARRY INHERENT RISK, AND BY PARTICIPATING IN SUCH SERVICES, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. FOR EXAMPLE, SOME JOINS MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY CHOOSING TO PARTICIPATE IN THOSE JOINS. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MAKE BEFORE, DURING AND AFTER YOUR PARTICIPATION IN A JOIN. IF YOU ARE BRINGING A MINOR AS AN ADDITIONAL GUEST, YOU ARE SOLELY RESPONSIBLE FOR THE SUPERVISION OF THAT MINOR THROUGHOUT THE DURATION OF YOUR JOIN AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE AND HOLD HARMLESS JOIN A JOIN FROM ALL LIABILITIES AND CLAIMS THAT ARISE IN ANY WAY FROM ANY INJURY, DEATH, LOSS OR HARM THAT OCCURS TO YOU OR THAT MINOR DURING THE JOIN OR IN ANY WAY RELATED TO YOUR JOIN.

 

21.5 APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.

 

22 Limitations of Liability

 

22.1  As a Guest, you acknowledge and agree that, to the maximum extent permitted by law, you assume all risk and responsibility arising out of your access to and use of the Join A Join Site and Services, your review and use of any Listings via the Join A Join Site and Services, your transactions with any Host, your stay at any Property Join, your participation in any Adventure Join or use of any other Join, or any other interaction you have with other Members whether in person or online.

 

22.2 As a Host, you acknowledge and agree that, to the maximum extent permitted by law, you assume all risk and responsibility arising out of your access to and use of the Join A Join Site and Services, your publishing or booking of any Listing via the Join A Join Site and Services, the stay of Guests at your Property Join, participation by any Guest in any of your Adventure Join, use by Host of any other of your services, or any other interaction you have with other Members whether in person or online.

 

22.3 Members will at all times assume all risk and be responsible for the use, review, publishing and all content of any and all applicable Listings, requests for acceptance and confirmation of all Bookings, acceptance and confirmation of all Bookings, as applicable to Guest and Host. Join A Join may, upon a Member’s request or at its own initiative, provide marketing support and give recommendations in connection therewith. However, Join A Join assumes no risk nor responsibility for any Listing, including its content, request for acceptance and confirmation of any Bookings by Guest, acceptance and confirmation of any Booking by Host, nor the use and experience of any event connected with the use of a Property Join of Join Adventure.

 

22.4 To the Extent permitted under applicable law, under no circumstances, whether in contract, tort (including negligence) or any other legal theory, shall Join A Join be liable under these Terms of Service for any consequential, special, indirect, exemplary, compensatory or punitive damages, including without limitation lost profits, loss of data, loss of goodwill, service interruption, system damage or failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress, even if Join A Join has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.

 

22.5 Except for our obligations to pay amounts to Hosts in accordance with these Terms of Service, in no event will our aggregate liability arising out of or in connection with these Terms of Service and your use of the Join A Join Site and Services, exceed (i) as a Guest, the amounts you have paid or owe for Bookings via the Join A Join Site and Services during the twelve (1) month period prior to the event giving rise to the liability, or (ii) as a Host, the amounts paid by Join A Join to you for Joins during the twelve (12) month period prior to the event giving rise to the liability, or in each case one hundred dollars ($100) if no such payments have been made.  

 

22.6 You acknowledge and agree that we are relying on the limitations of liability stated herein in providing Join A Join Site and Services to you and that these limitations are an essential basis of the bargain between Join A Join and you.

 

22.7 Applicable law may not allow some or all of the exclusion or limitation of liabilities described in these Terms of Service. If so, some or all of the foregoing exclusion or limitation may not apply to you. 

 

23.  Indemnity and Release

 

23.1 To the extent permitted by applicable law, you agree to indemnify, defend and hold Join A Join and its directors, employees, agents, affiliates, insurers and contractors harmless from and against any liability, loss, injury, demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney’s fees, arising out of or in connection with (i) your use of our Site and Services, (ii) your violation of these Terms of Service, (iii) your Content, (iv) your acts or omissions in connection with offering or performing a Join, and (v) your interaction with other users of our Site and Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Join A Join, and you agree to cooperate with Join A Join’s defense of these claims.

 

23.2 If you use our Site or Services to connect with and/or enter into a contract with another user of our Site or Services, you hereby release and hold Join A Join harmless from any and all losses, damages, rights, claims, and actions of any kind, including but not limited to personal injury or property damage, either directly or indirectly related to or arising from your connecting or contracting with such other user.

 

24 Feedback

 

24.1 We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by e-mailing Join A Join at customersupport@joinajoin.com or through the “Contact” Section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of Join A Join and you hereby irrevocably assign to Join A Join and agree to irrevocably assign to Join A Join all of your rights, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Join A Join’s request and expense, you will execute documents and take such further acts as Join A Join may reasonably request to assist Join A Join to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

 

25 Reporting Misconduct

 

25.1 If you participate in an Adventure, or if you stay at a Property, or anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Join A Join by contacting us with your police station and report number at customersupport@joinajoin.com; provided that your report will not obligate Join A Join to take any action beyond that required by law (if any) or cause Join A Join to incur any liability to you.

 

26 Miscellaneous 

 

26.1 Any notices or other communications by you or Join A Join must be in writing and given via e-mail to, as applicable, your address stated in your account or Join A Join’s address stated on our Site.  In addition, we may provide notice to you by posting to our Site or via our Services.  All such notices shall be deemed to have been given when sent. 

 

26.2 These Terms will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in San Juan, Puerto Rico or the United States District Court, District of Puerto Rico located in San Juan, Puerto Rico for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

 

26.3 You may not assign or delegate your rights or obligations under these Terms of Service, by operation of law or otherwise, to any third party without our prior written consent.  Subject to the foregoing, these Terms of Service will be binding upon and inure to the benefit of the parties hereto and their respective successors, permitted assigns and legal representatives. 

 

26.4 Our failure to enforce at any time a provision of these Terms of Service or our other rights herein will not be considered to be a present or future waiver of such provision or right and will not in any way affect our ability to enforce each and every such provision and right thereafter.  If any provision of these Terms of Service is held invalid or unenforceable at law, such provision will be deemed stricken from these Terms of Service and the remaining provisions of these Terms of Service will continue in effect and be valid and enforceable to the fullest extent permitted by law.

 

26.5 These Terms of Service represent the entire agreement between the parties concerning the subject matter hereof and supersede any and all prior understandings, agreements or representations by or among the parties, whether written or oral, which may relate to the subject matter hereof.

 

27 Contacting Join A Join

 

27.1 If you have any questions about these Terms, please contact Join A Join at customersupport@joinajoin.com.