Welcome to HomeExchange.com! These Terms of Use (the “Terms”) govern the respective rights and obligations between HomeExchange.com Inc, a Californian corporation (“HomeExchange”), and you, and they constitute a legally binding contract (the “Contract”). This Contract governs your use of HomeExchange.com, and any affiliated website (collectively, the “Website”), your use of any HomeExchange app for mobile phones, tablets, and other smart devices (collectively, the “App”), and your use of any Services (as defined below). The Website, App, and Services are collectively defined as the “Platform”.
Please note that your use of the HomeExchange Platform is also governed by the other documents and policies incorporated in these Terms. In the event of any conflict between these Terms and other terms or policies, these current Terms will govern, unless expressly stated herein.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR RESPONSIBILITY (SECTIONS X AND XI) AND REQUIRE BOTH OF US TO RESOLVE ANY DISPUTES BETWEEN US THROUGH MANDATORY ARBITRATION, WITHOUT A JURY (SECTION XIII).
BY CONTINUING TO ACCESS OR USE THE PLATFORM AS A VISITOR OR MEMBER, YOU ARE SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS.
If you do not agree to these Terms, you do not have the right to access the Platform.
Some important points:
- Members and Newcomers are only allowed to use the Platform if they are at least 18 years old and are able to enter into legally binding contracts. By accessing the Platform, Members and Newcomers represent and warrant that they are at least 18 years old and have the capacity to enter into legally binding contracts.
- We operate in most, but not all, countries, so certain restrictions may apply to our ability to offer you the Platform and the ability to use it. You agree to comply with U.S. export control laws (as well as any applicable export control laws in the Member’s local jurisdiction). You represent and warrant that (i) you are not located in, nor a citizen of, any country or jurisdiction that is subject to government embargoes or sanction, or that has been designated as a terrorist-supporting country by the U.S. government, and that (ii) you are not, and have never been, included on a list of parties prohibited, sanctioned, or restricted by the U.S. government, including the Specially Designated Nationals And Blocked Persons List, maintained by the U.S. Department of the Treasury.
- Your decision to host, exchange, and travel is yours and yours alone. Government agencies, such as the U.S. Department of State, may issue travel advisories on certain countries or regions of the world, regarding safety, crime, and other potential dangers that may pose a risk to vistors to the region. It is your responsibility, and not that of HomeExchange, to consult these resources before you travel.
- We may update these Terms periodically, and such changes will be applicable to you if you continue to use the Platform at any time after such changes are published. If you do not agree to the updated Terms, you will not have the right to access or use the Platform. We will notify you of any changes to these Terms by email and by changing the “Last Updated” date at the top of the Terms. Review all changes and, if you do not agree to them, discontinue use of the Platform.
- It is the sole responsibility of the Members or Newcomers to determine what laws, rules, and regulations apply to them and to ensure that they understand and comply with such rules when offering their Accommodation for an Exchange, including whether any licenses, permits, or other registrations are required before entering into an Exchange. HomeExchange does not provide legal advice to Members or Newcomers, so please seek independent legal advice if you have any questions about compliance.
- Likewise, it is the sole responsibility of the Host Members to provide and communicate to Guest Members all necessary or desired information for the proper usage of the Accommodation and all of its devices, features, and fixtures (e.g., pools, lights, HVAC systems).