These HomeEscape Escape Credits (“Escape Credits Program”) Terms and Conditions (“Escape Credits Terms”) are entered into by HomeEscape Inc. (“HomeEscape”) and the property owner or manager who is registered to participate in the Program (“you” or “your”). These Escape Credit Terms govern your participation in the Escape Credits Program.
1. Escape Credits Terms.
1.1. Escape Credits Program. You earn Escape Credits for each Booking paid in full by a renter. You may maintain more than one HomeEscape Escape Credits account, but you cannot transfer Escape Credits from one account to another.
1.2. Enrolling in Escape Credits Program. You are automatically enrolled into the Escape Credits Program when you create an account with HomeEscape. Upon enrollment into the Escape Credits Program for the first time, you will automatically be given 50 free Escape Credits. You earn additional Escape Credits for each Booking paid in full by a renter. You may maintain more than one HomeEscape Escape Credits account, but you cannot transfer Escape Credits from one account to another.
1.3. Obtaining Escape Credits.You can earn Escape Credits for each booking paid in full by a Renter. Earned Escape Credits will accrue to your account once the Renter completes their stay. Current balance, account activity, redemption, and related Escape Credit information may be obtained anytime by visiting the ‘Transaction History’ within the HomeEscape.com dashboard. You will earn 1 Escape Credits for every booking by a Renter through HomeEscape once the Renter has completed the stay and checked out. Additionally, you can purchase Escape Credits using the payment method on file with Home Escape at a rate of one Escape Credit for US $1.00.
1.4. Auto Top-Ups. You may set your HomeEscape account to automatically recharge or “top-up” your Escape Credit balance to ensure a minimum balance of Escape Credits is maintained (“Auto Top-Ups “) for participation in the HomeEscape Paid Search Results Placement Program (the “Paid SRP Program”). If you elect to use the Auto Top-Ups option, you authorize HomeEscape to charge your payment method in the amount of Auto Top-Up you have selected (see our Payment Terms).
1.5. Validity of Escape Credits. Escape Credits do not expire but HomeEscape may, in its sole discretion, extend or revise all, or revoke earned but not paid for, Escape Credits in the event of fraudulent or illegal activity or other violation of HomeEscape’s terms. If you use your Escape Credits, you are not entitled to a refund of the funds paid for those Escape Credits. If, however, you have a balance of paid-for Escape Credits and HomeEscape elects to cancel the Paid SRP Program or you terminate your participation in the Paid SRP Program, you can request a refund of any paid-for Credits remaining in your account. HomeEscape is the final authority on your qualification for Escape Credits and reserves the right to deduct Escape Credits from your account at any time if Escape Credits were credited in error. HomeEscape reserves the right to deactivate or close your Escape Credit account under the following circumstances:
1.6. Escape Credits are Non-Transferrable. Escape Credits may not be sold, attached, seized, levied upon, pledged, or transferred under any circumstances, including, without limitation, by operation of law, upon death unless the property is owned by you in joint tenancy or as tenants in common with another or in connection with any domestic relations dispute and/or legal proceeding. The attempt of any of the foregoing is prohibited and HomeEscape reserves the right to terminate or deduct Escape Credits from your account if you violate these Escape Credits Terms.
1.7. Effect of Termination. Termination of your HomeEscape membership will result in a loss of all earned Escape Credits in your account, and the loss of all other HomeEscape Escape Credits benefits, but you are entitled to request a refund of any paid-for Escape Credits remaining in your account at the time of termination.
1.8. ESCAPE CREDITS ARE VOID WHERE PROHIBITED BY LAW
3. Owner/Manager Responsibilities. You are solely responsible for your participation in the Escape Credits Program and use of the Escape Credits Program dashboard, including without limitation access to and use of your HomeEscape account and safeguarding your username and password.
4. Warranty Disclaimer. HOMEESCAPE DOES NOT PROMISE THAT SPECIFIC RESULTS WILL OCCUR FROM YOUR USE OF THE ESCAPE CREDITS PROGRAM. THE ESCAPE CREDITS PROGRAM AND ALL SERVICES AND CONTENT ASSOCIATED WITH IT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU PARTICIPATE IN THE ESCAPE CREDITS PROGRAM YOU DO SO AT YOUR OWN RISK. HOMEESCAPE SHALL IN NO WAY BE LIABLE TO YOU FOR ANY DISRUPTION OR UNAVAILABILITY OF THE ESCAPE CREDITS PROGRAM OR WEBSITE DURING WHICH YOU ARE UNABLE TO ACCESS OR USE THE ESCAPE CREDITS PROGRAM DASHBOARD OR ANY FAILURES THAT MAY AFFECT THE ESCAPE CREDITS.
HOMEESCAPE DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE ESCAPE CREDITS PROGRAM DASHBOARD. YOU EXPRESSLY AGREE THAT USE OF THE PROGRAM IS AT YOUR SOLE RISK.
5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL HOMEESCAPE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE PROGRAM AND RELATED SERVICES AND CONTENT.
6. Indemnity. You agree to defend, indemnify, and hold HomeEscape, its subsidiaries, and affiliates, and the officers, directors, agents, and employees of each of them harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Escape Credit Terms. In the event that third parties believe they are harmed by any content you post on the website, and such content gives rise to violation of privacy claims, claims of infringement, claims related to use of a third party’s image without consent or any other claims of damage by a third party (each a “Third Party Claim”), then you agree to defend, indemnify, reimburse, and hold HomeEscape harmless from all costs and expenses (including reasonable attorneys’ fees) arising from such Third Party Claim. HomeEscape may give you notice of and shall have the option to undertake and conduct the defense of any such Third Party Claim, if you are not diligently prosecuting such defense.
7. Modifications to these Escape Credit Terms. HomeEscape may modify and change these Escape Credit Terms at any time, from time to time with any modifications or changes to take effect prospectively when you next access the website. Please feel free to print out a copy of these Escape Credits Terms for your records.
8. Assignment.These Escape Credit Terms shall not be assignable by you, either in whole or in part. HomeEscape reserves the right to assign its rights and obligations under these Escape Credit Terms.
9. Choice of Law; Forum. These Escape Credit Terms shall be governed in all respects by the laws of the State of Florida without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the State of Florida in the judicial district where HomeEscape has its principal place of business. The parties further agree that any cause of action arising under these Escape Credit Terms shall exclusively be brought in such courts. ANY CAUSE OF ACTION YOU MAY HAVE HEREUNDER OR WITH RESPECT TO YOUR USE OF THE ESCAPE CREDITS PROGRAM MUST BE COMMENCED BY FILING SUIT IN MIAMI-DADE COUNTY, FLORIDA, WITHIN ONE (1) YEAR AFTER THE INCIDENT UPON WHICH THE CLAIM OR CAUSE OF ACTION IS BASED FIRST OCCURRED.
10. General. If any provision of these Escape Credit Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. HomeEscape’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. The terms and conditions contained in these Escape Credit Terms set forth the entire understanding and agreement between HomeEscape and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
11. Relationship to Other Terms. These Escape Credit Terms must be read in conjunction with our General Terms and any other agreements into which you may enter concerning the Website or our Services (if any). To the extent these Escape Credit Terms conflict with our General Terms, these Escape Credit Terms control solely as to the Escape Credit Program. To the extent these Escape Credit Terms conflict with the terms of another specific agreement or set of terms, (i) these Escape Credit Terms control solely as to the Escape Credit Program, and (ii) the other specific agreement or set of terms controls as to the subject matter of the specific agreement or set of terms.
12. Contact Us. If you have any questions about these Escape Credit Terms, the practices of this Site, or your dealings with this Website, please contact us at: firstname.lastname@example.org
13. Effective Date: The effective date of these Escape Credit Terms is May 9th, 2017.
COPYRIGHT AND LEGAL NOTICE. Copyright © 2017 HomeEscape.com, Inc. All Rights Reserved.
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