IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF AN ENTITY, YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY POWER AND AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS.
- The Service. The thisopenspace Website and App (collectively, the “Platform”) provides a marketplace for individuals and entities who own or have the legal right to license or otherwise grant rights in respect of either commercial or residential properties (“Hosts”) to connect with individuals and entities who wish to license such commercial or residential spaces (“Listed Properties”) on a short-term basis. (“Guests”) (the “Service”).
You understand and acknowledge that thisopenspace only provides a marketplace for connecting Hosts with Guests. We do not own, sell, furnish, lease, provide, re-rent, manage, control or otherwise make available any of the properties listed on the platform. We are not real estate agents or brokers, and We do not act as brokers or agents for any of the Hosts who list Listed Properties on the Platform.
- Eligibility. You must be at least eighteen years old to register for the Services. If You are registering as a Host, You must have the authority and capacity to enter into valid, legally binding license contracts in respect of the Listed Properties that You are listing on the Platform. If You are registering for the Services as a Guest, You must also have a valid payment method, and have the authority to enter into license agreements in respect of the Listed Property You are seeking to license.
- Listing Properties. Once You have registered for the Platform You can start listing Listed Properties. In order to list a property, You must provide information about the Listed Property’s availability, location, property fees, size, capacity, amenities, and additional terms governing the access to and use of the space such as whether a security deposit is required, and whether there is a minimum booking term. All cancellations will be handled pursuant to the thisopenspace cancellation policy, located at https://thisopenspace.com/pages/cancellation_policies. You can also provide a description of the space, and upload photos of the Listed Property. thisopenspace reserves the right, but is under no obligation, to review all proposed Listed Property listings, and We reserve the right, in our sole discretion, to refuse to list any Listed Properties. Hosts are prohibited from providing personal information or any contact information on the Host’s page for the Listed Property, and are further prohibited from accepting any personal information or other contact information from Guests.
- Booking Properties. Once You have registered for the Platform You can search for Listed Properties, either by searching a specific city or neighborhood, or by browsing properties listed on the Platform. Once You find a Listed Property You are interested in, You can check its availability on the listing page, and contact the Host through the in-platform messaging feature. In order to book a space, You may be required to agree to additional terms set by the Host listing the Listed Property, such as a cancellation policy, or rules governing the use of the Listed Property. Guests are prohibited from sharing any personal information or other contact information with Hosts, and are further prohibited from accepting any such contact information or personal information from Hosts.
- Insurance. The thisopenspace Host Insurance protects landlords as additional insureds for third party liability claims of up to $2,000,000. This Host Insurance is intended to supplement and not replace a Host’s existing commercial or homeowner’s general liability insurance, and it is each Host’s ensure that they have adequate insurance for the properties listed on the Platform, in addition to the thisopenspace Host Insurance . All transactions that You enter into with Hosts You connect with on the Platform are solely between You and such Host and not You and thisopenspace. thisopenspace is not responsible for any damages caused to any Listed Property. For more information on the thisopenspace Host Insurance, please see the Host Insurance page, located at:https://thisopenspace.com/pages/insurance.
- Thisopenspace Photography. In certain cities, thisopenspace also offers photography services so that Hosts can publish professional photographs of a space being listed on the Website. To order photography services, you must fill out a request form on the Website, and we will notify you if we do not offer photography services in your area. If we do offer the photography service in your area, a photographer will contact you and you can schedule the shoot directly with the photographer. After your photoshoot the images will be posted on the Website within four (4) weeks. For more information on the photoshoot, please see the photography page of our Website, located at: http://photo.thisopenspace.com/. All photographs, and all intellectual property rights arising therein, are owned by thisopenspace and/or its licensors, and are licensed to You for the purpose of advertising your property on the Platform. The photographs may not be displayed other than on thisopenspace, or used for any purpose other than advertising your space on thisopenspace.
- Referral Program. From time to time, thisopenspace may, but is under no obligation to, offer referral programs, the details of which are located here: http://refer.thisopenspace.com/host/. Thisopenspace is not under any obligation to accept any spaces you refer to the Website. By participating in the referral program, you hereby acknowledge and agree that (i) you have no expectation that you will receive any minimum amounts of profits in respect of spaces that you refer; (ii) that you are not an agent, employee, contractor, representative of thisopenspace; and (iii) that you will not make any representations or warranties to any Hosts or Guests on behalf of thisopenspace or concerning the thisopenspace Services.
- Reviews. Both Hosts and Guests can leave reviews and/or ratings of one another after a transaction has been completed. Reviews and/or ratings will be displayed in the profile of the User to whom the review relates. You understand and agree that User reviews are an important way for other Users of the Services to vet one another, and from time you time you may receive unfavourable reviews. If you would like to make a complaint about a User review, you can do so by contacting us at [email protected]; we will review the review, but do not make any representations or guarantees that we will remove the review, unless we determine that it is offensive, harassing, inappropriate or obscene.
- User Complaints. We are not responsible for the behaviour, acts or omissions of users of the Platform If You feel that another user has threatened, harassed or otherwise acted in an inappropriate manner, including by leaving an offensive or obscene review, You may notify us of this conduct through the feedback features of the Platform. We will take appropriate steps as necessary to review and respond to Your complaint. By submitting a complaint You acknowledge and agree that We may disclose Your identity to the user in question in order to follow up directly with You in regards to Your complaint.
- Fees and Payments:
- Security Deposits. If requested by the Host, Guests will be required to pay a security deposit seven (7) days before the first date of the usage term of the Listed Property. This security deposit will be fully refunded upon completion of Your license term, provided that there is no damage to the Listed Property. If a Hosts requires that a security deposit be withheld at the end of a licensing term, the Host has forty-eight (48) hours to notify thisopenspace that the security deposit must be withheld. If We don’t receive any such notification from a Host, the right to claim from the security deposit is forfeited, and We will refund the security deposit to the Guest.
- Fees. The remainder the fees for the Listed Property plus any applicable taxes and cleaning fees are payable on the date that Guests accept a quote from a Host.
- Remittances to Hosts. We will remit any monies owing to Hosts four weeks after receiving payment from Guests or before the event start date, whichever comes first, less the thisopenspace Service Fees (described below). Payments shall only be made in those months in which the amount due to You totals at least $100. Unpaid amounts due shall accrue until the next month in which the amount due is at least $100
- thisopenspace Service Fees; Processing fees. thisopenspace charges a service fee to Hosts for providing the Platform. The amount of the service fee varies depending on the value of the transaction, and will be indicated to You at the time the transaction is processed. For more information on the thisopenspace service fees, please see the service fees page, located at http://help.thisopenspace.com/hc/en-us/articles/211600248. In addition to the service fees listed on the service fees page, We also charge a flat fee of four percent (4%) to Guests, in consideration for processing the booking in addition to the fees for the Listed Property. thisopenspace reserves the right to change our fees at any time, for any reason without notice.
- Payments. You are responsible for providing valid and accurate payment information. Most payments may be made by credit card on the Platform. You must submit Your payment information to our merchant account payment gateway provided and hosted by Stripe.
- Refunds and Cancellations. Bookings may only be cancelled/refunded in accordance with the thisopenspace cancellation and refund policy, which You can view here: https://thisopenspace.com/pages/cancellation_policies, and which is incorporated by reference into these terms. Please note that a Host may also have additional cancellation policies, which apply to their specific Listed Properties. Any such Host cancellation policies will be provided on the Listed Property information page.
- Withholding Payments. thisopenspace reserves the right to withhold payment or charge back to Your account, any amounts (including without limitation, returned security deposits and license or usage fees) otherwise due under this Agreement pending thisopenspace’s investigation of such breach. We also reserve the right to withhold payment or charge back to Your account any amounts subject to dispute, such as in the case of credit card charge backs, pending successful resolution of the dispute. To ensure proper payment, You are solely responsible for providing and maintaining accurate contact and payment information associated with Your account, which includes without limitation applicable tax information. If We believe that We are obligated to obtain tax information and You do not provide this information to us after We have requested it, We may withhold Your payments until You provide this information or otherwise satisfy us that You are not a person or entity from whom We are required to obtain tax information. Any third-party fees related to returned or cancelled payments due to a contact or payment information error or omission may be deducted from the newly issued payment.
- Taxes. Users are solely and exclusively responsible for determining their own tax liabilities, and for paying all applicable local, provincial, state, federal or international taxes, duties, levies and other similar charges (including sales tax and value-added tax) accruing or arising in connection with the licensing of any Listed Properties on the Platform.
- Fraudulent Transactions. thisopenspace will not be responsible for any transactions between Guests and Hosts occurring via the Platform, including, without limitation, fraudulent transactions. Without limiting the generality of the foregoing, thisopenspace reserves the right, but is under no obligation, to investigate any transactions or Listed Properties that We have a good faith reason to believe are or may be fraudulent or otherwise illegal and to suspend or refuse to process such transactions. We also reserve the right to work with authorities in respect of any actual or suspected fraudulent or illegal transactions. If You challenge a transaction or payment, You agree that You will assist us in complying with any laws and card or financial institution rules or policies.
- Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Platform by viewers or users whether in forums or otherwise (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not thisopenspace, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. thisopenspace does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will thisopenspace be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
- copy any content unless expressly permitted to do so herein;
- upload, post, email, transmit or otherwise make available any material that:
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
- You do not have a right to make available under any law or under a contractual relationship;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
- is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Platform or that of any users or viewers of the Platform or that compromises a user’s privacy; or
- contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
- impersonate any person or entity or misrepresent their affiliation with a person or entity;
- circumvent the Platform and make arrangements in respect of the use of a Listed Property other than through the Platform;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Platform or impersonate another person or organization;
- interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- collect or store personal data about other users or viewers;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or thisopenspace App;
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the thisopenspace App or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or
- register for the Service on behalf of a group or corporate entity.
- License of Content. By submitting, posting or displaying User Content on or through the Service, You grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. thisopenspace will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that You have all the rights, power and authority necessary to grant the rights granted herein to any User Content that You submit.
- End User License. Except for User Content, the thisopenspace App, this Website, and the information and materials that it contains, including photographs, are the property of thisopenspace and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws.Subject to the terms of this Agreement, thisopenspace grants You a non-transferable, non-exclusive, license to (a) use the Website for Your use, and (b) download, install and use one copy of the Application on a mobile device that You own or control for Your use (the “License”). The thisopenspace App is licensed to You and not sold. Nothing in the Terms gives You a right to use the thisopenspace names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Platform. Any future release, update, or other addition to functionality of the Platform or thisopenspace App shall be subject to the terms of these Terms.
- Feedback. If You provide thisopenspace with any suggestions, comments or other feedback relating to any aspect of the Website, thisopenspace App and/or Service ("Feedback"), thisopenspace may use such Feedback in the Platform or in any other thisopenspace products or services (collectively, "thisopenspace Offerings"). Accordingly, You agree that: (a) thisopenspace is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to thisopenspace, (c) thisopenspace (including all of its successors and assigns and any successors and assigns of any of the thisopenspace Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any thisopenspace Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from thisopenspace or any of the other users of the Platform in respect of the Feedback.
- Advertising. You acknowledge and agree that the Platform may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Platform, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that thisopenspace shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Platform and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees).
- Data Fees and Equipment. You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website or Platform, including without limitation, the purchase of a mobile device, a data plan, computer and internet fees. It is Your responsibility to ascertain whether any information or materials downloaded from the Platform are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
- Links & Third-Party Websites. This Platform (including User Content) may contain links to other websites that are not owned or controlled by thisopenspace. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by thisopenspace of that third party, third party product or service. thisopenspace is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Platform are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Platform of a link to any other website(s) does not imply that thisopenspace endorses or accepts any responsibility for the content or use of such websites, and You hereby release thisopenspace from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
- DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE, THISOPENSPACE APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." THISOPENSPACE SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. THISOPENSPACE DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND THISOPENSPACE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. THISOPENSPACE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
- Release. Because We do not supervise or control interactions between Hosts and Guests, and because We cannot guarantee the true identity, age, nationality of Hosts or Guests and because We have very limited control, if any, over the legality, truthfulness or accuracy of various aspects of the Platform and Services, You agree that You bear all risk and You agree to release thisopenspace (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the Platform and Services, Your interactions and transactions with other users, Your third party transactions, and our resolution of any disputes between Hosts and Guests. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
- Availability & Updates. thisopenspace may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website, Service and/or thisopenspace App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. thisopenspace may periodically add or update the information and materials on this Platform without notice.
- Security. Information sent or received over the Internet is generally unsecure and thisopenspace cannot and does not make any representation or warranty concerning security of any communication to or from the Platform or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that You use to access the Service and You are responsible for any activities or actions under Your password. You agree to keep Your password secure. thisopenspace will not be liable for any loss or damage arising from Your failure to comply with these requirements.
- Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THISOPENSPACE.
- Class Action Waiver/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THISOPENSPACE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
It is Your sole and exclusive responsibility to ensure that any the terms of any license or other grant of rights to use any and all Listed Properties You list on the Platform comply with the terms of Your own lease agreement with Your landlord (if any), and/or with any building code requirements, zoning regulations, bylaws and any other contractual or statutory rules, regulations and obligations. By posting a Listed Property on the Platform, You hereby represent and warrant that You have the necessary authority, and have all necessary rights and permissions to list such Listed Properties for the uses indicated in Your posting, on the terms set forth in your posting and that no listing on the Platform, or license or grant of rights in respect of a Listed Property to a Guest or the use of the Listed Property in conformance with the specifications set forth in the listing information will cause You or any Guest or other third party to be in breach of any contractual obligation or in violation of any applicable laws, regulations or rules including lease agreements, building code rules and municipal by-laws. If you are unsure about whether you have sufficient rights to the property to list it on the Website, we strongly encourage you to consult your landlord, or a lawyer.
In using the Website, thisopenspace App and/or Service You shall not:
You also agree not to access the Platform in a manner that utilizes the resources of the Platform more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Platform.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL THISOPENSPACE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (I) LOSSES NOT CAUSED BY OUR BREACH; (II) THE ACTIONS, INACTIONS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY USERS. INCLUDING GUESTS AND HOSTS, OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OF EXPENSES RESULTING THEREFROM; (III) THE ACTIONS, INACTIONS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF GUESTS OR HOSTS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM; (IV) INDIRECT LOSSES WHICH MEANS LOSS TO YOU WHICH IS A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE AND WHERE WE COULD NOT HAVE REASONABLY ANTICIPATED THAT TYPE OF LOSS ARISING AT THE TIME OF ENTERING INTO THIS AGREEMENT, INCLUDING INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES; (V) FAILURE TO PROVIDE OR TO MEET ANY OF OUR OBLIGATIONS UNDER THIS AGREEMENT WHERE SUCH DELAY, CANCELLATION OR FAILURE IS DUE TO EVENTS BEYOND OUR CONTROL (E.G., A NETWORK FAILURE, INTERNET DELAYS, REROUTING ACTS OF ANY GOVERNMENT OR AUTHORITY, ACTS OF NATURE, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, WEATHER, OR ROAD CONDITIONS AND BREAKDOWNS); (VI) IF FOR ANY REASON, ALL OR ANY PART OF THE SERVICES ARE UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD; (VII) COST OF PROCUREMENT OF SUBSTITUTE GOODS; (VIII) ANY DAMAGES TO PERSONAL PROPERTY ARISING FROM BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR APP; AND (IX) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE PLATFORM OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE PLATFORM. THESE LIMITATIONS SHALL APPLY EVEN IF THISOPENSPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THISOPENSPACE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID THISOPENSPACE IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For any dispute with thisopenspace, You agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that thisopenspace has not been able to resolve a dispute it has with You after sixty (60) days, We each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the British Columbia International Commercial Arbitration Centre (BCICAC), under the procedures then in effect for BCICAC, except as provided herein. BCICAC may be contacted at www.bcicac.com. The arbitration will be conducted in Vancouver, British Columbia unless You and thisopenspace agree otherwise. If You are using the Service for commercial purposes, each party will be responsible for paying any BCICAC filing, administrative and arbitrator fees in accordance with BCICAC rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If You are an individual using the Service for non-commercial purposes: (i) BCICAC may require You to pay a fee for the initiation of Your case, unless You apply for and successfully obtain a fee waiver from BCICAC; (ii) the award rendered by the arbitrator may include Your costs of arbitration, Your reasonable attorney’s fees, and Your reasonable costs for expert and other witnesses; and (iii) You may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve You of Your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing thisopenspace from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
If You have any questions about these Terms or if You wish to make any complaint or claim with respect to the thisopenspace App or Service, please contact us at: [email protected]
Effective Date: November 14, 2016