Effective: November, 6 2021
Interpretation & Key Definitions
Nurseflats LLC. (“Nurseflats” or “the Company”) provides an online platform that connects Hosts who have Accommodations to rent with travel nurses (Renters) seeking to rent such Accommodations (collectively, the “Services”), which Services are accessible at nurseflats.com and any other websites through which Nurseflats makes the Services available (collectively, the “Site”).
Accommodation Fees – the amounts that are due and payable by a Renter in exchange for that Renter booking an Accommodation, which amounts may include rent, security deposits, cleaning fees and all other amounts charged by Host. The Host alone, and not Nurseflats, is responsible for the Accommodation Fees for his or her Listing. The Host may in his or her sole discretion decide to include a security deposit alongside the booking payment to be returned at the end of the rental period. It is the responsibility of the Host to return the security deposit and Nurseflats is not liable for any failure by Host to timely return security deposits or otherwise comply with any local laws, rules, regulations or ordinances, including rent control ordinances. No portion of the Accommodation Fees shall be construed, directly or indirectly, as real estate brokerage or agency fees.
Account – the unique account created for You to access our Service or parts of our Service.
Cancellation Fee – the $59 USD fee that is charged to any user (Renter or Host) who cancels a booking after time allowed.
Collective Content – Content made by You and/or Nurseflats
Content – any and all text, images, videos or other information that can be posted, uploaded, linked to or otherwise made available regardless of the form of that content.
Country – the United States of America
Feedback – Any statements, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Host – a verified member who creates a listing on the Site.
Host Payment Method – the bank account that the Host uses to receive payments made by Renters and pay Host Service Fees. In no event shall Nurseflats be responsible for any chargebacks or overdrafts on credit cards or other failed payment methods by Renters. Host agrees to indemnify, defend, and hold Nurseflats harmless from any breach of credit or debit card processing and/or issuing agreements, and/or violation of applicable law.
Host Service Fees – the fee that Nurseflats charges a Host for the use of the Services, which is calculated as a percentage of the applicable Accommodation Fees. The Host Service Fees will be displayed to the Host when reviewing the fee breakdown before accepting a booking request.
Listing – an Accommodation available for rent listed by a Host on the Site.
Marketplace Offerings – the complete and searchable database of listings by member Hosts of our Site
Rentals – refer to accommodations approved by a Host to rent a listing to a Renter.
Renter – a verified member who Requests to rent a listing for a specified Term on the Site.
Requests – a submission made by a Renter to a Host to rent an Accomodation available listed by that Host on the Site.
Request Period – the time period starting from the time when a booking is requested by a Renter (as determined by Nurseflats in its sole discretion), within which a Host may decide whether to confirm or reject that booking request, as stated on the Site, or Services. Different Request Periods may apply in different places.
Tax(es) – any sales taxes, value added taxes (VAT), goods and Services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, Accommodation or lodging taxes, fees (such as convention center fees) that Accommodation providers may be required by law to collect and remit to governmental agencies, and other similar local, municipal, state, federal and national indirect or other taxes required with booking and personal or corporate income taxes.
Terms of Service (also referred as “Terms”) – these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service.
You – the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Modifications and interruptions (Notices)
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.
Member Eligibility and Verification
The Site and Services are intended solely for persons who are 18 years old or older. Any access to or use of the Site or Services by anyone under 18 years old is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 years old or older.
Nurseflats may make access to and use of the Nurseflats platform, or certain areas or features of the Site, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user’s purported identity. Any references in the Site or Services to a Member being “verified” (or similar language) indicate that the Member has completed a relevant verification or identification process, and does not represent anything else.
For transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification, profile image, proof of ownership or other information (ii) undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
The access to or use of certain areas and features of the Nurseflats platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Nurseflats platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
Any references in the Site or Services to a Listing being “verified” (or similar language) indicate that the Accommodation has completed the relevant tenant confirmation process as outlined in the Help Center, and does not represent anything else.
By using the Site, Application or 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 Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Nurseflats with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Host against Nurseflats regarding the remittance of payments received from a Renter by Nurseflats on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
How the Site and Services Work
The Site and Services can be used to facilitate the Listing and booking of Accommodations. Such Accommodations are included in Listings on the Site and Services by Hosts. Access to view and browse Listings is restricted to registered users of the Site and Services. Furthermore, if you wish to book an Accommodation, create a Listing, or find Housemates, you must first register to create a Nurseflats Account (defined below).
Nurseflats is an exclusive online marketplace for Renters (travel nurses) and Hosts to connect and arrange for bookings of Accommodations directly with each other. Nurseflats is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations and Nurseflats does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel Services. Nor is Nurseflats a Host, Host agent, real estate broker, agent or insurer. Unless explicitly specified otherwise in the Nurseflats platform, Nurseflats’ responsibilities are limited to facilitating the availability of the Site and Services, and is not a party to any contract or agreement, whether written or oral, between you and a Host.
Please note that, as stated above, the Site and Services are intended to be used to facilitate Hosts and Renters connecting and booking Accommodations directly with each other. Nurseflats cannot and does not control the content contained in any Listings and the condition, legality or suitability of any Accommodations. Nurseflats is not responsible for and disclaims any and all liability related to any and all Listings and Accommodations, including the condition or habitability of any Accommodations. Accordingly, any bookings, tenancy, contracts, agreements, safety, security, losses, or claims will be made or accepted at the Member’s own risk.
In order to access certain features of the Site, and to book an Accommodation or create a Listing, you must register to create an account (“Nurseflats Account”) and become a Member. You may register to join the Services directly via the Site or as described in this section.
Your Nurseflats Account and your Nurseflats Account profile page will be created for your use of the Site based upon the personal information you provide to us. You may not have more than one (1) active Nurseflats Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Nurseflats reserves the right to suspend or terminate your Nurseflats Account and your access to the Site and Services if you create more than one (1) Nurseflats Account, or if any information provided during the registration process or thereafter, including your name or profile image, bio or Listing details, proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service. You agree to provide accurate and current information in your profile and to promptly update the profile Content to keep it accurate and current.
Upon registration, Nurseflats will set a temporary password for you to access your newly created account. You may change this password from the Account Settings page anytime after your initial login to the Site. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Nurseflats Account, whether or not you have authorized such activities or actions. You will immediately notify Nurseflats of any unauthorized or improper use of your Nurseflats Account.
As a Host, you may create Listings. To create a Listing, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Accommodation along with pricing, related rules, and financial terms. All Accommodations must be fully furnished if specified as such and it is a Host’s responsibility to ensure that the Listing accurately shows and describes furnishings. In order to be featured in Listings via the Site and Services, all Accommodations must have valid, bona fide and accurate physical addresses, including suite or apartment numbers, where applicable. Listings will be made exclusively available to registered members via the Site and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Renter and Host preferences, ratings and/or ease of booking.
Other Renters will be able to book your Accommodation via the Site and Services based upon the information provided in your Listing, your Renter requirements, and Renters’ search parameters and preferences. You understand and agree that once a Renter requests a booking of your Accommodation, you may not request the Renter pay a higher price than in the booking request unless provided with written consent from the renter.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you list. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Renter’s stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or leases, other tenants or service providers; and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), (b) not conflict with the rights of third parties, and (c) will abide by and conform the dates and prices of a Listing to the Renter’s Booking. It is the Host’s responsibility to maintain any Listing up-to-date. Please note that Nurseflats assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Nurseflats reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Nurseflats, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
If you are a Host, you understand and agree that Nurseflats does not act as an insurer, real estate broker or as your contracting agent. If a Renter requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Renter is between you and the Renter and Nurseflats is not a party to it. Alternatively, if a Renter requests a booking of your Accommodation and is accepted to stay at your Accommodation, Nurseflats is not liable if this Renter does not end up staying at your Accommodation. Nurseflats is also not liable for, and hereby disclaims any responsibility for, any intentions or promises made to you by the Renter or for any act or omission, whether willful or negligent, individually or together with other persons, that a Renter (or a Renter’s guest or business invitee) may commit or permit in, on or about your Accommodation.
Nurseflats recommends that Hosts obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, inclusive of any rights of subrogation, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Renters (and the individuals, whether guests or business invitees, the Renter invites to the Accommodation, if applicable) while at your Accommodation.
These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services. Failure to use the Site or Services in accordance with these Terms may subject you to civil and criminal penalties.
The Site and Services comprise an online platform through which Listings are created for Accommodations, and Renters may learn about and book Accommodations directly with the Hosts. You understand and agree that Nurseflats is not a party to any agreements, written or oral, entered into between Hosts and Renters, nor is Nurseflats a real estate broker, agent or insurer. Nurseflats has no control over the conduct of Hosts, the Listings, the Accommodations, Renters and other users of the Site and Services, or any Accommodations, and disclaims all liability in this regard to the maximum extent permitted by law, including, without limitation, the accuracy of Listings or Member Content.
If you choose to create a Listing on Nurseflats, you understand and agree that your relationship with Nurseflats is limited to being a Member and an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Nurseflats for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Nurseflats. Nurseflats does not control, and has no right to control, your Listing, your offline activities associated with your Listing, or any other matters related to any Listing, that you provide, unless permitted by you. As a Member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Nurseflats, including by inappropriately using any Nurseflats intellectual property.
Bookings for Hosts
If you are a Host and a booking is requested for your Accommodation via the Site or Services, you will be required to either pre-approve, confirm or reject the booking request within the Request Period, otherwise the booking request will automatically expire. When a Member sends a booking request or inquiry to you via the Site or Services, we will share with you (i) the Rental Application of the Member who has requested the booking (ii) a link to the Renter’s Nurseflats Account profile page. If you are unable to confirm or decide to reject a booking request within the Request Period, any amounts collected by Nurseflats (via Nurseflats) for the requested booking will be refunded to the applicable Renter. When you confirm a booking requested by a Renter, Nurseflats will send you an email and message via the Site confirming such booking, depending on the selections you make via the Site and Services.
Bookings for Renters
The Hosts, not Nurseflats, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site and Services. If you, as a Renter, choose to enter into a transaction with a Host for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions, including any house rules, maximum occupancy, quiet hours, ingress and egress restrictions, associated with such Accommodation or otherwise imposed by the Host. You acknowledge and agree that you, and not Nurseflats, will be responsible for performing the obligations of any such agreements, that Nurseflats is not a party to such agreements, and that, Nurseflats disclaims all liability arising from or related to any such agreements, including any breach, rescission, termination or cancellation by either party, of your agreement, written or oral, with the Host.
Renter agrees to maintain accurate Renter Payment Methods. In the event a Host cancels a Booking, Nurseflats will charge a Cancellation Fee to the Host Payment Method.
The Total Fees payable will be displayed to a Renter before the Renter sends a booking Request to a Host. As noted above, the Host is required to either confirm or reject the booking Request within the Request Period; otherwise, 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 Nurseflats from Renter will be refunded to such Renter, depending on the selections the Renter makes via the Site and Application, and any pre-authorization of such Renter’s Payment Method will be released, if authorized and applicable. Renters have seventy-two (72) hours after a Request is accepted by a Host to pay the Total Fees. In no event shall Nurseflats be responsible or liable for any fees, charges, expenses or penalties for chargebacks or overdrafts on credit cards or other failed or returned payment methods.
You as a Renter agree to pay the Total Fees for any booking you requested in connection with your Nurseflats Account.
Once your confirmed booking transaction is complete, you will receive a confirmation email summarizing your confirmed booking.
Cancellations and Refunds
If, as a Renter, you wish to cancel a confirmed booking made via the Site and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. In addition, as previously mentioned, Nurseflats will charge a Cancellation Fee to the Renter Payment Method in the event of a Renter cancellation. Our ability to refund the Accommodation 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.
If a Host cancels a confirmed booking made via the Site and Application, (i) it is the responsibility of the Host to communicate with and refund the Accommodation Fees that were paid for such booking to the applicable and (ii) the Renter will be informed by the Host of the cancellation. In addition, as previously mentioned, Nurseflats will charge a Cancellation Fee to the Host Payment Method in the event of a Host cancellation. If a Host cancelled a confirmed booking and you, as a Renter, have not received an email or other communication from the Host or Nurseflats, please contact Nurseflats.
If, as a Host, you cancel a confirmed booking, you agree that Nurseflats may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee.
In certain circumstances, Nurseflats may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site or Services. This may be done for any reason in the judgment of Nurseflats in its sole discretion. Nurseflats may also determine, in its sole discretion, to refund to the Renter part or all of the amounts charged to the Renter. You agree that Nurseflats and the Renter or Host, as applicable, will not have any liability for such cancellations or refunds.
The Company, in its sole discretion and at any time, may modify the Accommodation Fees. Any Accommodation fee change will become effective at the end of the then-current Accommodation period.
The Company will provide You with reasonable prior notice of any change in Accommodation fees to give You an opportunity to terminate Your Accommodation before such change becomes effective.
Your continued use of the Service after the Accommodation fee change comes into effect constitutes Your agreement to pay the modified Accommodation fee amount.
You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant taxing authority any Taxes included or received by you. Nurseflats cannot and does not offer Tax-related advice to any Members, nor does Nurseflats collect or withhold taxes on your behalf.
Damage to Accommodations and Security Deposits
As a Renter, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation. In the event that a Host claims otherwise and provides you evidence of damage (“Damage Claim”), including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. Nurseflats does not serve as a Damage Claim agent on behalf of any Host and disclaims any and all liability with respect to any Damage Claim.
Hosts may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. Nurseflats will use commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but Nurseflats is not responsible for administering or accepting any Damage Claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard. It is the Hosts responsibility to lawfully request, retain and return the Security Deposit if there is not damage to the Accommodation, and it is the Host’s responsibility to pay interest, if any, on a Security Deposit as may be required by law, rule, ordinance or regulation. Nurseflats disclaims any and all liability with respect thereto.
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your Account, whether done so by You or any third person using your Account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Intellectual Property Ownership and Rights Notices
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at email@example.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We strongly advise You to read the Terms of Service and privacy policies of any third-party websites or services that You visit.
If you choose to use the Site and Services, or Collective Content, you do so at your sole risk. You acknowledge and agree that Nurseflats does not have an obligation to conduct background or registered sex offender checks on any Member, including, but not limited to, Renters and Hosts, but may conduct such background or registered sex offender checks in its sole discretion. If we choose to conduct such checks, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a user or guarantee that a user will not engage in misconduct in the future.
The Site and Services, Collective Content are provided “as is,” without warranty of any kind, either express or implied. Without limiting the foregoing, Nurseflats explicitly disclaims 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. Nurseflats makes no warranty that the Site and Services, Collective Content, including, but not limited to, the Listings or any Accommodations, will meet your requirements, is as it appears in photos or descriptions, or be available on an uninterrupted, secure, or error-free basis. Nurseflats makes no warranty regarding the quality of any Listings, Accommodations, Hosts, Renters, the Services or Collective Content or the accuracy, timeliness, truthfulness, completeness, or reliability of any Collective Content obtained through the Site or Services.
No advice or information, whether oral or written, obtained from Nurseflats or through the Site and Services, or Collective Content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services, including, but not limited to, any Hosts or Renters. You understand that Nurseflats does not make any attempt to verify the statements of users of the Site or Services or to review, verify, validate or visit any Accommodations. Nurseflats makes no representations or warranties as to the conduct of users of the Site or Services or their compatibility with any current or future users of the Site or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services, including, but not limited to, Renters and Hosts, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by Nurseflats. Nurseflats explicitly disclaims all liability for any act or omission of any Renter or other Third Party, as well as any false or misleading Host Listing, photo, or description of an Accommodation, or bad act or negligent omission, by any Host, Host agent, or third party.
YOU AGREE THAT NURSEFLATS HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. YOU ACKNOWLEDGE THAT NURSEFLATS HAS NO CONTROL OVER AND NO DUTY TO TAKE ANY ACTION REGARDING: (I) WHICH INDIVIDUALS, COMPANIES, OR OTHER ENTITIES GAIN access TO OR USE THE SERVICE; (II) THE CONTENT THAT YOU MAY access VIA THE SERVICE; (III) THE EFFECT THE CONTENT MAY HAVE ON YOU; (IV) HOW YOU OR OTHER INDIVIDUALS MAY INTERPRET OR USE THE CONTENT; OR (V) THE ACTIONS YOU OR OTHER USERS OR PROVIDERS MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT. THE SERVICE MAY CONTAIN OR MAY CONTAIN LINKS TO SERVICES CONTAINING, INFORMATION THAT SOME PEOPLE MAY FIND OFFENSIVE OR INAPPROPRIATE.
WITHOUT LIMITING THE FOREGOING, NURSEFLATS DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; NURSEFLATS DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY ACCOMMODATION WILL MEET YOUR REQUIREMENTS; THAT ANY ACCOMMODATION MEETS APPLICABLE LEGAL STANDARDS AND IS SAFE AND SUITABLE FOR YOUR INTENDED USE; AND NURSEFLATS DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USER’S USE OF THE SERVICE IS SOLELY AT USER’S OWN RISK. IN NO EVENT WILL NURSEFLATS BE LIABLE FOR LOSS OF ANY OF YOUR CONTENT OR OTHER DATA.
THE DISCLAIMERS SET FORTH ABOVE IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SOME STATES MAY NOT ALLOW LIMITATIONS ON CERTAIN WARRANTIES OR HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR MAY BE LIMITED BY ACTION OF LAW. IN SUCH EVENT, YOU AGREE THAT NURSEFLATS’S LIABILITY WILL BE THE LOWEST LIABILITY ALLOWABLE UNDER APPLICABLE LAW.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): NURSEFLATS MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICE OR ANY WEBSITE LINKED TO THE SERVICE. NURSEFLATS WILL NOT BE LIABLE FOR THE PRIVACY OF EMAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT STORED ON NURSEFLATS’S EQUIPMENT, TRANSMITTED OVER NETWORKS accessED BY THE SERVICE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SERVICE.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each Party’s liability will be limited to the greatest extent permitted by law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Site and Service may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
United States Federal Government End Use Provisions
If You are a U.S. federal government end-user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Suppose the Parties are unable to resolve a Dispute through informal negotiations. In that case, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Alameda, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
You agree to release, defend, indemnify, and hold Nurseflats and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of, related to, or in any way connected with (a) your access to or use of the Site and Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, or (iii) creation of a Listing; (d) the use, condition or rental of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising out of, related to, in connection with or as a result of a rental, booking or use of an Accommodation; and (e) your participation in the Referral Program.
You hereby acknowledge that you are aware of California Civil Code Section 1542, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
With full awareness and understanding of the above provisions, you hereby waive any rights you may have under Section 1542, as well as under any other statutes or common law principles of similar effect.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
User Conduct (UGC)
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality. It may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other users of the Site and the Marketplace Offerings and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- Your Contributions do not dilute, tarnish or otherwise harm the Nurseflats brand in any way, including through unauthorized use of Collective Content, registering and/or using Nurseflats or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Nurseflats domains, trademarks, taglines, promotional campaigns or Collective Content.
- Your access and use of our Site and Services or Collective Content is not used in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence.
- Your access and use of our Site and Services is not used to “stalk” or harass any other user of our Site and Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Nurseflats Renter or Host.
- Your access and use of our Site and Services is not used to register for more than one Nurseflats Account or register for a Nurseflats Account on behalf of an individual other than yourself.
- Your access and use of our Site and Services is not used to be used to contact another Member for any purpose other than asking a question related to a Booking, Accommodation, Listing, or the Member’s use of the Site and Services.
- Your access and use of our Site and Services is not used to be used to recruit or otherwise solicit any Host or other Member to join third-party Services or websites that are competitive to Nurseflats, without Nurseflats’ prior written approval.
- Your access and use of our Site and Services is not used to be used to recruit or otherwise solicit any Member to join third-party Services, applications or websites, without our prior written approval.
- Your access and use of our Site and Services is not used to take messaging or bookings offline.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- As a Renter, your access and use of our Site and Services is not used to request or book a stay at any Accommodation if you will not actually be staying at the Accommodation yourself.
- Your access and use of our Site and Services is not to be used to impersonate any person or entity, or falsify or otherwise misrepresent yourself, your name, profile image, or your affiliation with any person or entity.
- As a Host, your Contributions do not offer any Accommodation that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Accommodations as a Host if you are serving in the capacity of a rental agent or Listing agent for a third party).
- As a Host, your access and use of our Site and Services is not used to submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honor.
- As a Host, your access and use of our Site and Services is not used to find a Renter and then complete a booking of an Accommodation independent of the Site or Services, in order to circumvent the obligation to pay any Service Fees related to Nurseflats’ provision of the Services or for any other reasons.
- As a Host, your Contributions do not offer any Accommodation that may not be rented or subleased pursuant to the Terms of Service of an agreement with a third party, including, but not limited to, a property lease without informing, and securing the written consent of, the third party of the use of Nurseflats.
- As a Host, your Contributions do not falsely claim in your Listing that the Accommodation is furnished.
- Your access and use of our Site and Services is not to be used to copy, use, display, mirror or frame the Site and Services or Collective Content, or any individual element within the Site and Services or Collective Content, Nurseflats’ name, any Nurseflats trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Services, without Nurseflats’ express written consent.
- Your access and use of our Site and Services is not to be used to advocate, encourage, or assist any third party in doing any of the foregoing.
Nurseflats has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Nurseflats may take a range of actions against you, including but not limited to removing, modifying Member Content, deactivating or canceling your Listing(s) or Nurseflats Account, for a violation of this Section or these Terms.
Nurseflats may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Nurseflats or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users (iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (iv) protect the rights, property or safety of Nurseflats, its users, or Members of the public. You acknowledge that Nurseflats has no obligation to monitor your access to or use of the Site and Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Nurseflats reserves the right, at any time and without prior notice, to remove or disable access to, or change any Collective Content that Nurseflats, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
California Users and Residents
Suppose any complaint with us is not satisfactorily resolved. In that case, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
Changes to these Terms
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Translation of these Terms
These Terms of Service may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information regarding the use of the Site or the Marketplace Offerings, please contact us.