Terms and conditions

The following terms and conditions constitute a legally binding agreement between you and MtVernonFlats. (“MtVernonFlats”, “we”, “us” or “our”). This Agreement governs all use of the https://www.mtvernonflats.com/ website (“Site”) and all associated services. The Site and associated services are collectively referred to herein as the “Service”. The Service is offered subject to acceptance, without modification, of all of the terms and conditions contained herein and all other rules, policies and procedures that are published from time to time on the by MtVernonFlats, such as our Terms of Service (collectively, the “Agreement”).

The Service is available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Service. MtVernonFlats may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.

ARBITRATION NOTICE: WE HAVE CERTAIN REQUIREMENTS THAT YOU AGREE TO ARBITRATE DISPUTES YOU MAY HAVE WITH US – AND WAIVE RIGHTS TO BRING CLASS ACTION LAWSUITS. PLEASE SEE THE “DISPUTE RESOLUTION” SECTION BELOW FOR MORE INFORMATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF ENTERING THIS AGREEMENT.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICE. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE, DOWNLOADING ANY MATERIALS OR COMPLETING THE REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

    Scope

    The Site is a venue where user (“Guests”) can locate and rent properties (“Listings”) from MtVernonFlats property owners or managers (“Hosts”). MtVernonFlats does own, manage and control the Listings.

    Modifications

    MtVernonFlats may modify this Agreement at any time as set forth below. If we make changes, we will post the updated Agreement on the Site and update the “Last Updated” date above. We will also provide you with email notice of pending changes - thirty (30) days in advance. If you do not terminate this Agreement before the date the modified Agreement become effective, your continued access to or use of the Service will constitute acceptance of the modifications.

    Restrictions

    You shall not, nor permit or encourage anyone else to, directly or indirectly:

• reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law);
• modify or create derivatives of any part of the Service;
• rent, lease, or use any part of the Service for any commercial purpose);
• use the Service in violation of any laws, regulations or third party rights (including, without limitation, privacy rights and intellectual property rights);
• interfere or disrupt the operation of the Service, or any user’s access to the Service, in any way (such as, by introducing any virus or malware to, overloading, flooding, spamming, or mail-bombing the Service, or introducing any other material or content which is malicious or technologically harmful);
•  use any engine, software, tool, agent, device, mechanism or the like to access, search, or download intellectual property from the Service, such as scripts, bots, spiders, crawlers, or scrapers; or
• probe, scan, or test the vulnerability of any MtVernonFlats system or network or breach any security or authentication measures.

    Content

    You agree that the Service contains information and other content specifically provided by MtVernonFlats or its partners and that such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by MtVernonFlats in writing, you shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such content. Reproducing, copying or distributing any such content, including any materials or design elements on the Service, for any other purpose is strictly prohibited without the express prior written permission of MtVernonFlats.

    Payment

    MtVernonFlats may charge Guests fees in consideration of using the Service (collectively, " Fees"). For example, Guests will be charge for booking Listings to stay at. You will be responsible for all associated taxes. Applicable Fees and taxes will be displayed to your prior to your booking, listing or other activity associated with a Fee. All amounts are due in U.S. Dollars. You acknowledge and agree that MtVernonFlats may use a third-party payment processor to help facilitate payments hereunder. To the extent payment is with a credit card – you warrant you are the owner or authorized user of the applicable card – and that we, and our payment processor, may charge such card. Except as otherwise set forth by MtVernonFlats on the Site– all Fees are non-cancellable and non-refundable. For more information, see our Fees terms.

    Links to Third Parties

    From time to time, we may, with permission from the site owner, decide to link to third party websites or applications (collectively, “Third Party Services”) that we determine may be of interest to our visitors. These Third Party Services offer educational, governmental or other resources or may be owned or controlled by other third parties.

    We are not responsible for the content, information, products, or services of any Third Party Services, any link(s) contained therein, or any changes or updates to the information contained therein. MtVernonFlats provides links to Third Party Services only as a convenience and the inclusion of any such link on the Site or in the Apps does not imply MtVernonFlats’ endorsement of either the Third Party Service, the organization operating it, or any products or services of that organization. A visit to any Third Party Service from the Site or Apps via any such link is done entirely at your own risk.

    Under no circumstances will MtVernonFlats be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with the use of, or reliance on, any content, goods or services available on any Third Party Service.

    Disclaimer of Warranties

    THE SERVICE (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, INFORMATION, CONTENT AND SOFTWARE AVAILABLE OR THROUGH THE SERVICE) IS PROVIDED "AS IS" AND "AS AVAILABLE" AND MtVernonFlats HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED.

    EXCEPT AS SET FORTH IN OUR “GUEST ASSURED” PROGRAM, MtVernonFlatsMAKES NO WARRANTIES WITH RESPECT TO THE LISTINGS.

    IN THE EVENT MtVernonFlats ELECTS TO CONDUCT ANY BACKGROUND CHECKS OR IDENTITY VERIFICATIONS OF ANY GUESTS– IT MAKES NO WARRANTY THAT THE RESULTS OF SUCH CHECK/VERIFICATIONS WILL BE COMPLETE, ACCURATE OR UP-TO-DATE.

    SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS OF WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

    Limitations on Liability

    IN NO EVENT SHALL MtVernonFlats, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE FOR ANY:

• LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER,
• FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR
• (FOR ANY DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SERVICE AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION ACCRUES,

    THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. SOME STATES DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    Privacy

    Your use of the Service is subject to MtVernonFlats’ Privacy Policy, which is incorporated by this reference. MtVernonFlats strongly recommends that you review the Privacy Policy.

    Dispute Resolution

    Information Resolution. If you have any concerns or complaint against MtVernonFlats, we would like to resolve the issue without resorting to formal court or arbitration proceedings. Therefore, before filing a claim against us, you agree to try to resolve the dispute informally by contacting our customer support team at support@mtvernonflats.com. We will attempt to resolve the dispute informally (and will contact you via email). If a dispute is not resolved within 30 days of submission, you may bring a formal proceeding as set forth below.

    Arbitration.

Any disputes that are not settled informally shall be settled by binding arbitration in accordance with the rules and procedures (“Rules”) of the American Arbitration Association (“AAA”). The Rules will be AAA’s Consumer Arbitration Rules if available. Arbitration shall be conducted by one

(1) arbitrator selected in accordance with the Rules. In the event any telephonic or other streamlined procedures are available – they will be used. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in San Francisco, California using the English language. Notwithstanding the foregoing, either party may bring claims for equitable or injunctive relief before a court at any time.

    Opt-out of Agreement to Arbitrate.

You can decline this agreement to arbitrate by notifying MtVernonFlats in writing within 30 days of the date that you first become bound by this Agreement. Your opt-out request must be sent to: MtVernonFlats support@mtvernonflats.com (ATTN: Arbitration Opt- out).

    You must include your name and residence address, the email address you use for your Service account, and a clear statement that you want to opt-out of this arbitration agreement.

    Arbitration Process.

A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the Rules, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to MtVernonFlats at: MtVernonFlats support@mtvernonflats.com (Attn: Arbitration). In the event we initiate arbitration against you, we will send a copy of the completed form to the email and/or physical address we have on file associated with your Service account.

    Evidence.

 If Your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents we and you submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the Rules. Subject to the Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

    Fees.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $10,000, MtVernonFlats will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your complaint for arbitration was frivolous or was brought for an improper purpose (such as claims brought in bad faith). If you prevail in arbitration you will be entitled to an award of attorney's' fees and expenses (to the extent required by law). MtVernonFlats will not seek, and hereby waives all rights we may have, to attorneys' fees and expenses if we prevail in arbitration.

    No Class Actions.

You may only resolve disputes with MtVernonFlats on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

    Modifications.

Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any amendment to the foregoing arbitration terms or conditions (other than an amendment to any notice address or site link) in the future, such amendment shall not apply to any claim that was filed in a legal proceeding against MtVernonFlats prior to the effective date of the amendment. In addition, to reject any such amendment, you must notify us in writing within thirty (30) days of the date that you are first notified of the amendment (according to the procedures set forth in this “Dispute Resolution” section above). In the event you so reject an amendment, the amendment will not apply to you – but this “Dispute Resolution” section will otherwise remain in full force and effect (according the pre-amendment version you had already agreed to).

    Going to Court; Jury Waiver. Subject to the arbitration provision above, you agree that the exclusive jurisdiction and venue for all disputes arising in connection with this Agreement shall be in the state and Federal courts located in Baltimore, Maryland. You hereby submit to such jurisdiction and venue. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this Agreement. An arbitration decision may be confirmed by any court with competent jurisdiction. Any question as to the arbitrability of any claim will be decided by the arbitrator.

    General

    The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. MtVernonFlats shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MtVernonFlats’ reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with MtVernonFlats’ prior written consent. MtVernonFlats may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California, without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement.

    Copyright

    “MtVernonFlats” as well as page headers, custom graphics, buttons, images and other content on the, are subject to trademark, service mark, trade dress, copyright and/or other proprietary or intellectual property rights or licenses held by MtVernonFlats or its licensors, supplier or partners. Other trademarks, product names, service names and company names or logos used on the Site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Site or Apps is strictly prohibited.

    MtVernonFlats respects the intellectual property rights of all third parties. We will terminate or take other appropriate action against any Service user who is the source of repeat infringement of copyright. If you are aware of or suspect any copyright infringement by any content on the Site, please refer to our Copyright Policy.

    Contact

    You may contact MtVernonFlatsat the following address:

    support@mtvernonflats.com