Guest Terms & Conditions

USH GUEST TERMS AND CONDITIONS

 

Last Updated: February 9, 2020

PLEASE READ THE FOLLOWING GUEST TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THE USH WEBSITE AND SERVICES, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS.

These Guest Terms and Conditions (“Terms and Conditions”) constitute a legally binding agreement between you and USH Inc., a California corporation (“USH”, “we”, “us” and “our”). By accessing or using the USH Website www.ushstudent.com (the "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "USH Services"). The Site, Application and USH Services together are hereinafter collectively referred to as the “USH Website”. Our  Privacy Policy, Guest Cancellation Policy, Acceptable Use Policy and DMCA Policy applicable to your use of the USH Website are incorporated by reference into these Terms and Conditions. You agree that you are responsible for reviewing these Terms and Conditions and our policies and requirements regularly, and your continued use of the USH Website constitutes your acceptance of any modifications, changes, or revisions these Terms and Conditions, policies and requirements.

Table of Contents

1.     Overview of USH Services

2.     Eligibility and Guest Verification

3.     Privacy

4.     Modification of these Terms and Conditions

5.     Application Process

6.     Booking Process and Payments

7.     Cancellation and Changes

8.     Guest Services and Procedures

9.     Guest Privileges, Limitations and Obligations

10.  Damages to Accommodation

11.  Reviews and Photos

12.  Acceptable Use Policy

13.  Reporting Misconduct

14.  User and USH Content

15.  Term, Termination and Suspension of these Terms and Conditions

16.  Disclaimers

17.  Liability and Indemnification

18.  Feedback

19.  Miscellaneous Provisions

20.  Dispute Resolution and Arbitration Process

These Terms and Conditions are in addition to any other terms and conditions, rules and regulations that may apply to accounts you have with USH to any other services or information provided by USH. Where appropriate, please review those specific terms.

Submission of any forms via the USH Website does not automatically qualify you for an Accommodation. Any requests or submitted applications are subject to review and approval by and at the discretion of USH and confirmation by the applicable Host.

1.     Overview of USH Services

  1. The USH Website is a service that connects local Hosts who provide accommodation in their home with students and professionals (Guests) who are seeking housing. When using the USH Website you are entering into an agreement with USH and an agreement with the applicable Host when you book an Accommodation.
  2. USH will provide housing through a Host offering their Accommodation through USH Website. An Accommodation is subject to a Guest’s reservation dates, location and preferences specified during the search process as well as to the availability of the Accommodation at the time of the search.
  3. USH verifies every Accommodation before including the Accommodation in the USH Services. USH will use its reasonable judgment in determining whether to accept a Host and Accommodation into the USH Website.
  4. USH uses reasonable efforts to verify each Host’s identity and background, as well as suitability of their offered Accommodations, based on available resources. Despite USH’s Host verification system, USH does not act as an insurer of your experience as a Guest at the Accommodation. USH makes no representations or warranties as to the background, history or other personal information of any Host. Your individual experience may vary from the Accommodation representation, reviews, communications, information or Host or Accommodation quality posted on the USH Website or received from USH or the Host. For that reason, USH is not responsible for any disclaims and is free of all liability related to any Host or Accommodation offered through USH Services, including accuracy of description, photos, quality and reviews. Any Homestay Application is made at the Guest’s own risk.
  5. Any references to a Host being “verified,” “approved,” or “checked” (or similar wording) only indicates that the Host has completed a relevant verification and identification process, and does not indicate anything else. This indication is not an endorsement or guarantee by USH about any Host, including of the Host’s or other family member’s identity and whether the Host or other family member is trustworthy, safe or suitable. This indication is intended to be useful information for Guests to consider when they make their own decisions about submitting a Homestay Application via the USH Website. USH advises you to always use your best judgment and act with sensibility and care when deciding whether to submit a Homestay Application, stay at an Accommodation, or have any communication or interaction with the Host.
  6. USH cannot guarantee stable, regular and constant availability of offered Accommodations because we rely on Hosts to provide and maintain up-to-date information. USH requests Hosts to update their availability and profiles regularly, however, USH cannot be responsible if an available Accommodation offered turns out to be unavailable.
  7. Key Terms

•         “Accommodation(s)” refers to a private or shared (if applicable) furnished bedroom inside a Host’s home where Host resides, or a guest house at the property, except for a bedroom in a garage. It can be a spare room in apartment, house, condo, townhouse or any other type of housing available and accepted by USH. A Host may list multiple, eligible Accommodations in their home.

•         “Homestay Application” refers to requesting Accommodation with a Host through USH Services.

•         “Match” means a confirmed Accommodation with a selected Host for a designated period of time.

•         “Content” means USH Content and User Content.

•         “Dashboard” means options and services available on Guest’s or Host’s profile on the USH Website. Hosts and Guests may navigate and update their account from the Dashboard.

•         “Guest” refers to a person requesting Accommodation through the USH Services with a Host. Guests may be international students, American citizens, U.S. Residents, interns, or professionals.

•         “USH Content” means content that USH itself makes available on or through the USH Website, including proprietary USH content and any content licensed or authorized for use by or through USH from a third party, excluding User Content.

•         “Host” refers to a person who offers their Accommodation through the USH Website.

•         “User” refers to Guests, Hosts and any other user of the USH Website.

•         “User Content” refers to any information, descriptions, Reviews, photographs, applications, notifications, messages, or emails which are posted, listed, updated, displayed, sent, or shared on USH Website by Users.

•         As used in these Terms and Conditions, "you" or "your" or “Guest(s)” refers to you or to any other person you permit to use the USH Website and USH Services on your behalf. "We" “us” or "our" refers to USH or any agent, designee or contractor of USH.

•         “Including”, “includes” and the like mean “including, but not limited to”.

2.     Eligibility and Guest Verification

  1. The USH Website is intended for users who are at least 18 years old. By accessing and using the USH Website you represent and warrant that you are 18 or older.
  2. If you’re under 18 years old, we may require you to have a legal guardian residing in the U.S. assuming full legal responsibility for you during your stay in a homestay until you turn 18 years old.
  3. USH reserves the right to verify your identity by requesting proof of identification (including, a valid U.S. visa, driver’s license, Social Security Number or other government issued identification number, and birth certificate, if applicable). You accept and authorize USH to use your personal information and documentation for background check purposes. For Guests in the United States, USH may also obtain public records of criminal convictions or sex offenders registration or conduct equivalent background checks.
  4. By accessing and using the USH Website you warrant that you are not located in a country that is subject to a U.S. Government embargo, nor that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
  5. To be eligible to stay in any Accommodation, non-U.S. citizens and nonresidents are required to obtain an appropriate U.S. visa. The American Consulate or U.S. Embassy in your country, the school you will be attending, or work you are applying for can help you with all the information and requirements to obtain the proper visa for you. It is your responsibility to ensure that all the documents, permits and visas are properly obtained and maintained current. If your documents and/or visa expires, you will be required to move out immediately. Please see Section 7 and the Guest Cancellation Policy in case your visa is denied or cancelled, or your eligibility to be in the U.S. expires or is revoked.
  6. If you do not provide the requested information so USH can complete its verification process, USH reserves the right to cancel all Homestay Applications and Matches that have been made. The cancellation will be treated as a Guest cancellation under the Guest Cancellation Policy.

3.     Privacy


USH collects and shares personal information about you in order to identify you as our customer, to establish and manage customer accounts, to complete customer transactions, to provide information to you about the USH Website and USH Services, to comply with legal and regulatory requirements, and for other reasons. Our collection and use of personal information in connection with your access to and use of the USH Website and USH Services is described in our Privacy Policy.

4.     Modification of these Terms and Conditions


USH may amend or change these Terms and Conditions and any USH policies and requirements from time to time, in our sole discretion, by posting updated terms and conditions, policies and requirements within the USH Website or by providing written notice (see Section 19(a)). You agree to be bound by any modifications, changes, or revisions made by USH to these Terms and Conditions and USH Website policies and requirements.

5.     Application Process

  1. You may submit a Homestay Application through USH Website to request an Accommodation with one of the Hosts registered with USH Services. You will be bound by these Terms and Conditions upon submitting the application online.
  2. In order to send a Homestay Application, you will need to register through the USH Website. You must pay Application Fee and Security Deposit necessary to USH staff begins the search for the Accommodation.
  3. You may find the fees by clicking on Prices and Schools on USH Website or by clicking here and selecting the area and school you will attend. Security Deposit and Application Fee are charged immediately upon submitting of your online Homestay Application.

•         Only upon successful submission of the application and necessary fees, USH staff will begin the search for an Accommodation.


  1. You will be required to provide basic information about you on your Homestay Application (such as gender, smoking, school or physical address, dates of requested accommodation, number of Guests (only two Guests who know each other and travel together may request to share an Accommodation), housing preferences, English level, dietary restrictions, allergies, medications and anything else USH may deem relevant to request to provide information to potential Hosts.
  2. You may register a USH account directly through the Site by using your email address and setting up a password, or through your account with certain third-party social networking sites (SNS) such as Facebook, Pinterest, Twitter, Instagram, Google, etc. USH is not responsible for any SNS content.
  3. As soon as you have completed the registration process, you will receive an email confirming your registration

  4. Sign Up Requirements

    •         You may register only one account with USH unless you receive our written authorization. You may not transfer your account to another user at any time. USH reserves the right to disable or suspend your account if you create more than one account, or if any of the information provided proves to be fraudulent, inaccurate, incorrect, incomplete, or if you are found in violation of these Terms and Conditions or any policies or requirements (see Section 15).

    •         You are responsible for providing current, correct, full and accurate information throughout the registration process as well as for keeping your information up to date throughout your stay at any Accommodation.

    •         You are responsible for keeping your information safe and secure and may not disclose your account access credentials to another party. You must inform USH immediately if you suspect that your account access credentials have been used without your knowledge.

    •         There may be security, transmission or other risks associated with use of the Internet and online services and platforms, and you expressly assume any and all such risks. You are responsible for obtaining all software, hardware or other equipment necessary to use online services, including, without limitation, the use of up-to-date web-browsers and appropriate encryption, antivirus, anti-spyware, and Internet security software. The Site contains encryption methods that are not supported by all browsers. If you are not using a browser that supports 128-bit encryption, you may be unable to view all of the information and materials contained on the Site.

    •         USH will not knowingly collect or retain information submitted by children under the age of 18. If USH learns that we unknowingly collected personally identifying information from a child under 18 years of age, we will immediately take all reasonable measures to delete the information from our computer systems and all other data systems.

  5. Students who are returning to USH less than 6 months from their move out date and need a new homestay will be charged half of the application fee. Students returning more than 6 months from their move out date will pay the full application fee. The application fee will be waived only for students returning within a 6 month period to the same homestay they last moved out of.

6.     Booking Process and Payments

  1. a. Hosts, not USH, are fully responsible for accepting Homestay Application as well as making available any Accommodations offered through the USH Services. If you decide to submit an Application, you acknowledge that if the Match is confirmed by the Host you will be required to enter into an agreement with the Host through the USH Website and you agree to comply with any terms, conditions, rules and restrictions related to such Accommodation imposed by the Host through the USH Website or by USH.
  2. b. You understand and agree that you, and not USH, will be responsible for fulfilling the obligations of any such agreement, that USH is not a party to or insurer of such agreement, and that, with the exception of certain rules, terms and conditions applicable to all Guests and Hosts, USH (inclusive of all subsidiaries and affiliates) disclaims all liability arising from or related to any such agreement.
  3. c. Under certain circumstances and for any reason necessary, USH reserves the right, in its sole discretion, to cancel or refuse the service, an Application or a Match made via the USH Services. USH may also decide, in its sole discretion, to refund to the Guest part or all of the amounts charged to the Guest in accordance with Section 7 and the Guest Cancellation Policy or in connection with a cancellation. You agree that USH will be free of any liability for such cancellations, refusals or refunds.
  4. d. USH will select one Accommodation based on location, booking dates, meal plan preferences, and availability.

•         You will receive an email confirmation once your homestay match is confirmed requiring you to submit the Housing Fees for the Accommodation. As a Guest you agree to pay the Total Fees (see below) for your requested Accommodation.

•         You will also be required to submit your documents as part of verification process and providing your arrival information (flight information or move in time).

•         Only upon successful payment, uploading valid documents and arrival information, USH will release homestay information containing host address, contact information, house rules and other important information about your host, homestay, as well as some policies, procedures and useful tips in a form of a Welcome Packet. Guests are responsible to review the Welcome Packet prior to move in date.

•         Guests may only visit the homestay and meet the host at the move in date indicated in the Welcome Packet.

  1. e. Hosts and Guests are solely responsible to request any modification to a Match. As a Guest, you are responsible to accept or deny any modifications or changes to your Match, if requested by the Host. If USH receives such request from the Host, USH will contact you to seek your permission to make any changes to the Match. If you wish to make any change to a Match, you will request the change as described in Section 7, and the Guest Cancellation Policy and payment modification may apply. Such changes may include, but are not limited to change of meal plan, occupancy, move in and move out dates. You also agree to pay any payments, fees or taxes associated with such Matching change.
  2. f. USH intends for the information, materials and functions contained on the USH Website to be as current and accurate as possible, but cannot guarantee and does not warrant the accuracy or reliability of the information, material or functions available through the USH Services. Any calculations, functions or tools available on the USH Website are intended only to provide estimates that may differ from actual amounts that are applicable to you or to your account. Reasons for this variation include: (1) location; (2) availability of the Accommodation; or (3) the timing of your request for the Accommodation. Actual and final fees are calculated by USH.
  3. Types of Fees


Amounts Payable at the Homestay Application Stage:


•         Application Fee – This is the administrative fee paid by the Guest to USH every time a new Booking Request is confirmed. This fee is nonrefundable and does not include extensions made with the same Host, but only when a new Homestay Application is confirmed with a different Host


•         Security Deposit – this is a fee collected from each student and will be retained by USH until the completion of the student's housing contract (security deposit is not refundable in case of cancellation after homestay matching services has begun). The security deposit can and will be used for a student's outstanding telephone bills, any type of damage, and/or cleaning costs incurred by the student. To ensure return of the full amount, please be sure to settle any of the above financial responsibilities with your host. USH will return the security deposit after confirming with your Host to verify the amount of refund due to you after 30 days from your departure from your homestay. In order to receive the refund, you must contact USH with your forwarding address (for those students staying in the U.S.) or with your credit card number (for students who leave the U.S.). Please be aware that USH will not pay for any bank or currency exchange charges. These charges will be deducted from your SECURITY DEPOSIT REFUND. The deposit will expire 36 months after the move out date.


•         Housing Fee – this is the fee paid to the Host for the Accommodation and plan selected. USH reserves the right to collect a percentage of this fee from the Host for administrative purposes.


•         Convenience Fee – this is the fee paid for the convenience of using a credit card. A 5.80% convenience fee will be applied to all credit card payments. The convenience fee may vary.


•         Taxes – where applicable, USH will collect required taxes.


•         Total Fee – this is the total of all of the above amounts, which a Guest is charged when a Host accepts a Homestay Application.


•        

Cancellation Fee: USH reserves the right to charge a cancellation fee of either US$175 or 10% of the refund amount, whichever is greater. This fee will be deducted from the remaining housing fee for any cancellations, whether before or after the move-in date.

•         Wire Transfer Fee: Guests who choose to make payment via wire transfer must contact USH for the bank information. Wire transfers require a $55 bank fee and must be added to the amount due to USH for each wire transfer.



Other Potential Fees:


•         Airport Transfer Fee – this is the fee charged by USH for an airport shuttle transfer to the Accommodation, as further described in Section 8(c) below. If you requested airport transfer, this fee will be included on your housing fee invoice. You must pay for your airport shuttle fee along with your housing fee.


•         Late Fee – this is the fee a Guest may pay if their payment is not received before the required due date. A Late Fee may be applied on all required payments, including original Matches, extensions and change of reservation dates.


•         An additional US $150.00 late fee will be charged if your reservation is made less than 15 days prior to arrival. We suggest that you apply early for best results of confirmation on dates and personal preferences. (DO NOT DELAY IN SENDING THE APPLICATION. LET US KNOW IF YOU WILL MAKE PAYMENT AT A LATER DATE)


•         Damage Preauthorization – at the time of a Homestay Application, each Guest authorizes USH to charge their credit card for up to $500 for damages caused by the Guest. A Guest’s credit card is not actually charged unless the Host reports any type of Damage Claim to USH. For more information, please refer to section 10 (Damages to Accommodation). The authorization limit in this paragraph does not limit a Guest’s responsibility and liability for Damage Claims over this preauthorized amount.

  1. USH has the right to pursue legal action for fees and other compensation that are not paid when due.
  2. USH will continue the search until an Accommodation is confirmed. USH may also request you to change your preferences in order to find a Match. You will be informed by email and may be notified about possible other Accommodation options from USH in case your preferences do not match any of the Hosts available near your school due to time of the year, availability or other factors. The Total Fees due will be displayed on invoice after the Match is confirmed.
  3. Booking Confirmation – This is subject to availability and a determination of placement which is in USH’s and Hosts’ sole and absolute discretion.
  4. Move in Confirmation/Homestay Change Request – After you move in to the Accommodation, you will receive an email as part of confirmation of your arrival. You will have 5 days from the arrival to contact USH at [email protected] with any questions or concerns about the Accommodation or Host and to request a change in your Accommodation. If you do not contact us via email about any problems with your Accommodation or Host and a change request, USH will release payment to your Host. After the payment has been released, you accept that you may request a change of the Accommodation only from the next scheduled payment date, if applicable.
  5. Failure to Move in – If you have not moved in and fail to notify USH, please refer to Section 7 and the Guest Cancellation Policy.
  6. Fee and Price Changes – USH reserves the right to change fees and prices by posting updated fees and prices in the USH Website. Any change will not affect any prior Homestay Applications and confirmed Matches.
  7. Rounding Off – All fees are received and paid in USD. USH may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency). For example, USH may round up an amount of $99.50 to $100, and round down $100.49 to $100).

7.     Cancellation and Changes

  1. Guests may cancel an unconfirmed Homestay Application or a confirmed match at any time prior to your arrival or after your move in date. All cancellations must be sent in writing to [email protected]. Cancellation submitted solely to your Host will not be considered. Your cancellation or a cancellation by a Host will be reviewed and determined by USH in accordance with the Guest Cancellation Policy. Interpretation and determination of available refunds or credits will be made by USH in its sole discretion. USH reserves the right to refuse and deny a refund or credit for any reason at any time. Any available refund will be promptly credited to your account for future use or returned to the same credit card within 21 days, as stated in the Guest Cancellation Policy. Guests are responsible to inform USH in case the credit card used is no longer valid. USH will not be responsible for any loss of funds due to an invalid card refund process.
  2. In addition, USH reserves the right to terminate without compensation a Guest’s Match if the Guest is found to have behaved with misconduct. Misconduct includes theft, abuse of property, verbal or physical abuse of persons, smoking inside the Accommodation, alcohol or drug use, failure to adhere to federal, state or local laws, school regulations, and USH rules and guidelines found on your Accommodation information (Welcome Packet) and/or your Host's house rules. In addition, USH may inform your advisor at the school/work you are attending. No refunds whatsoever will be paid to Guests who have been found to have behaved with misconduct.
  3. Homestay Change Policy
    Guests may request changes to a Match through USH before or after the Guest’s move in date. Changes may refer to dates, meal plan or occupancy (private/shared). Any change request is subject to the Host’s approval. If your Host accepts the request, the Match will be changed and your payment will be updated accordingly. If the request is declined or the Host does not respond, your confirmed Match remains unchanged.


8. Guest Services and Procedures

a)    Arrival and Departure Information
You agree that you are solely responsible for informing USH about all details concerning arrival, departure and other timing matters pertaining to the Accommodation, no less than 10 days in advance of the same. If you do not USH, we may cancel your Match.

b)    Airport Shuttle Transfer
Guests are solely responsible for their transportation to and from the airport to the Accommodation. Guests are not permitted to ask hosts for airport pickup or drop-off. USH may, at its sole discretion, agree to arrange for transport to or from the airport with a third party airport shuttle company for the Airport Transfer Fee. The Airport Transfer Fee may vary and is determined based on distance from the airport to the Accommodation. You may contact USH to calculate the fee before you decide to request the service. A minimum of 5 days is required to consider your airport shuttle reservation. After requesting the shuttle through USH, you should receive an automatic email with shuttle confirmation/instructions, if USH can accommodate your request. If you do not receive your shuttle confirmation at least 48 business hours before your arrival or departure, please contact the USH staff immediately by email at [email protected]. The Airport Shuttle Fee will not be refunded once USH sends the confirmation of your shuttle reservation. Do not pay the shuttle driver directly, unless you want to tip the driver (tips are not included in the Airport Transfer Fee). Any fees paid directly to the driver will not be reimbursed by USH. In all events, the Airport Transfer Fee will be added to your Total Fee and must be paid prior to your arrival•

c)     Transportation

•         You are solely responsible for arranging and paying for your own transportation to and from campus and throughout the city and area in with the Accommodation is located. You can contact USH for available local transportation information.

•         If you and your Host come into any agreement regarding transportation (whether for a fee or free of charge), those arrangements are solely between you and the Host, and USH will be free of any liability in case of any accidents, collisions, or any other damages to properties or for death or body injuries, or any involvement in such circumstances for any participant in the incident. Hosts are solely responsible for their driving skills.

d)    Meal Plan Options Available at the Accommodation

Hosts may offer one, or more of the following meal plans. You may choose a Meal Plan of your preference, and USH will do its best to find a Host that matches your meal plan preferences. Your confirmed Meal Plan will be displayed on the Welcome Packet. Guests are responsible to check meal plan options, house rules and kitchen access prior to arrival. The meal plans are as follows:

•            Room Only – no meals are offered by the Host. Guests are responsible to purchase their own meals and snacks.

•            Room with Breakfast – continental breakfast will be offered by the Host and it usually involves no cooking but should include foods like cereals, toast, milk, tea, coffee, fruit, pastry, or similar. The Host may not be there to prepare the meal, but will make the food available for the Guest.

•            Room with Breakfast and Dinner – continental breakfast as described above, plus dinner, which will be prepared by the Host. Host will serve the same portion of dinner he/she will have that night.

e)    Insurance

Guests are responsible for obtaining and maintaining their own insurance for any matters related in any way to their Accommodation, including property damage insurance for damages caused by the Guest or any damage or loss of their personal property. You may contact your school/work advisor for details on its health and personal insurance requirements prior to enrollment. Whenever away from home, USH recommends that you carry a copy of your insurance papers with you.

f)      Extension.

•         If you wish to continue your stay in an Accommodation longer than your original Matching dates, you may request an extension. All extensions and payments must be directed through the USH. Under no circumstances, may a Guest and a Host contract directly with one another or come to any agreement with one another outside of the USH Services. If you pay any fees directly to your Host, USH will not be responsible for any refund, but you are still responsible for paying for your extension to USH.

•         All extensions must request via email at [email protected]. In the event the Host is unable to extend your stay, USH may suggest other available Accommodations options in the area of your interest.

•         All extensions payments should be received prior to the first day of the extension period. If the payment has not been received by the first day of the extension period, you agree to pay Late Fees of $85 plus an additional daily fee of up to two times the average daily rate for each extension day at the Accommodation that the payment was not received to cover the inconvenience incurred to the Host in regard to the payment delay, as well as any Taxes, Guest Service Fee and any other fee or cost in regard to collecting the payment for the extension.

•         After your extension request has been confirmed and your new move out date has been set, for cancellation, USH will need to receive at least 30 days’ written notice according to Section 7 and the Guest Cancellation Policy. If your extension payment has not been received yet, you will still be responsible for paying for the remaining days to complete 30 days from receiving the cancellation notice.

•         If you do not wish to extend your stay at the Accommodation or a request for an extension is not granted, you must vacate the Accommodation according to these Terms and Conditions and according to the check-out date specified in the Booking and at the time specified by the Host. You must remove any and all personal belongings and trash at move out and return the key to the Host.

g)    Overstaying without USH or Host’s Consent

•            Guests who continue to live in their Accommodation past their move out date without the consent of USH and the Host will be held responsible for paying the daily Accommodation Fee and any applicable fees per these Terms and Conditions. If you pay any fees directly to your Host, USH will not be responsible for any refund, but you are still responsible for paying for your overstay to USH.

•            As a Guest you accept that the Accommodation is granted by the Host for a limited duration of time agreed between the Guest, the Host and USH. If you stay past the agreed time and date, the Host is entitled to make you leave immediately in a manner consistent with applicable law. Additionally, USH may charge you for any additional day overstayed at the Accommodation in accordance with these Terms and Conditions (see Section 8 (g) Extension). If the payment is not received and you move out of the Accommodation, you acknowledge and authorize USH to charge your credit card to cover any Housing Fee, Late Fee, Taxes, and any other legal expenses and costs the Host suffered to make you leave and/or due to your overstay.

h)    Homestay Change Request

If you are not satisfied with the Host or Accommodation, you may request one change in the Accommodation without a new Booking Fee charge, provided that you request the reassignment within the first 5 days of your arrival to the Accommodation. Any Homestay Change requests must be made via email at [email protected] and must describe reasons for the requested change. USH will review the request and may offer alternative options in the area of interest. However, any Homestay Change is subject to the availability of another Accommodation and USH does not represent that another Accommodation arrangement can be made. If the replacement Accommodation costs more than your current Accommodation, you will be responsible for paying the difference in cost, plus applicable fees.

 

9.      Guests Privileges, Limitations and Obligations

When accessing the Accommodation, you will have certain privileges and limitations a Host and USH may offer. When you send a Homestay Application, you agree to these privileges and limitation, and you are required to respect them in accordance with these Terms and Conditions; otherwise, you agree your Match may be cancelled and the Guest Cancellation Policy will apply.

a.     House rules – each Host is entitled to impose certain house rules at the Accommodation. House rules may vary from Accommodation-to-Accommodation. Some basic house rules may be found in the Welcome Packet and below, and Guests may review them prior to move in to the Accommodation.

b.     Personal Privacy – Guests are entitled to personal privacy inside the Accommodation. However, Hosts may occasionally inspect the Guest bedroom.

c.     Cleaning – Guests are responsible for maintaining the bedroom clean and organized at all times. Guests are also required to clean up after themselves in all other areas they use.

d.     Privacy of Host’s Personal Information – Guests must not share or distribute the Host’s information to third parties such as name, address, phone number, email address, family details and/or other information without the Host’s consent. The Guest is entitled and may expect the same privacy from Hosts.

e.     Key – The Guest will be provided with a key/keycard/code d to access the Accommodation premises by the Host. The Guest is responsible for keeping the key/keycard/code safe at all times and return it to the Host prior to the move out date. In the event that the Guest loses or fails to return the Host’s key/keycard, it will be considered a Damage Case, and the Guest will be responsible for paying costs of applicable locksmith services (see Section 10 Damages to Accommodation).

f.      Laundry access – Laundry facilities will vary from Accommodation-to-Accommodation and is based on availability. For example, some Accommodations may have laundry facilities available free of charge, other Accommodations may have no laundry available, and in other Accommodations laundry may be part of a building complex where charges may apply. If available at the Accommodation, some Hosts may limit the use of laundry facilities to once or twice a week and set up a laundry schedule. Laundry detergent is the Guest’s responsibility.

g.     Kitchen access – Guests should have access to some space in the kitchen to store food in the fridge and a cabinet designated by the Host. Kitchen access will vary from Accommodation-to-Accommodation. For safety reasons, some Hosts may limit use of the kitchen and offer one of the following kitchen accesses:

  i.    Limited Kitchen Access – Hosts may allow Guests to use some of the appliances such as toaster, microwave, kettle; however, stove and oven use may not be permitted. Certain kitchen rules imposed by the Host may apply.

ii.    Full Kitchen Access – Guests should be allowed to use all the appliances offered in the kitchen, however, certain kitchen rules imposed by the Host may apply.

Some Hosts may place restrictions on times that kitchen usage is permitted and Guests agreement to comply with these restrictions. Guests are responsible for cleaning up after themselves when using the kitchen.

h.     Common areas – Guests should have access to common areas such as living room, bathroom, kitchen. However, certain areas, such as the Host’s bedroom or other rooms or facilities may be restricted from access by Guests at the Host’s sole discretion.

 

10.   Damages to Accommodation

 

a)    As a Guest, you are responsible for leaving the Accommodation (including but not limited to any personal or other property located at the Accommodation) in the condition you found it when you arrived. Guests are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals whom they invite or provide with access to the Accommodation.

 

b)    You acknowledge and accept that USH can and will charge you for any type of damage, including, but not limited to key and/or lock replacements, personal items left behind, and/or cleaning costs incurred by the Guest. Please also see Section 6 (g) for more information about Security Deposit.

 

c)     Guests will have 72 hours from the arrival to the Accommodation to report any damage that has been found at the Accommodation as of their move in date. Guests should send their claim to [email protected] and include evidence of the damage, e.g., photos clearly showing the damage to the item or Accommodation. If such report has not been received within 72 hours of arrival, the Host and USH will assume that the damage was made by the Guest.

 

d)    If the Host claims and provides sufficient information and evidence (including, but not limited to photographs) that you have caused any type of damages to the Accommodation or any personal or other property at an Accommodation (“Damage Case”), the Host can request payment from you or, if the matter cannot be resolved immediately between you and the Host, through USH. If a Host escalates the “Damage Case” to USH, you will have opportunity to respond. If you agree to pay the Host directly for the damage or agree to replace the disputed item, USH will collect appropriate amount from you and/or against your Damage Preauthorization (if applicable) required to cover the Damage Case in accordance with these Terms and Conditions. In addition, USH reserves the right to collect the payment from you and pursue any compensation due through any remedies available to USH, in regard to situations in which you are responsible for a Damage Case, including, but not limited to any payment the Host may request.

 

e)    Hosts and Guests agree to cooperate with USH in good faith, and to provide sufficient evidence and information and take such actions as may be reasonably requested by USH in relation to any Damage Case or any other claims or complaints. In addition, as a Guest, you understand and accept that USH may make a claim under any of your insurance policies related to any damage or loss that you may have caused or been responsible for or to an Accommodation or any personal or other property located at an Accommodation. You also agree to provide information and cooperate with USH in order to make claim under your insurance policy.

 

f)      As a Guest you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by USH with respect to damages for which the Host is requesting payment.

 

 

11. Reviews and Photos

  1. Host Reviews

•       To maintain quality of the USH Services each Host is encouraged to write a review about their experience with the Guest after move out. USH may, at its sole discretion, publicly share any of the Host reviews provided to USH, including on the Site, USH Systems, social media accounts, review websites, and advertising campaigns.

•       Any Host review submitted to USH indicates the opinion of an individual Host and does not reflect the opinion of USH.

  1. Guest Reviews

•         To maintain quality of the USH Services, we encourage all Guests to write an honest and fair review about their experience with their Accommodation (an “Homestay Evaluation”). After you have moved out from the Accommodation, you will receive an email requesting you to complete a Homestay Evaluation. Your review must be truthful, factual and may not contain any offensive or defamatory language. Your review may be posted on the Host’s profile for other Users to view. USH also encourages Guests to send us an email and provide comments at [email protected] and to share any photos a Guest wishes to provide to USH. You agree that the Homestay Evaluation (including, but not limited to evaluations, comments, feedback, photographs, letters, emails, referrals, text messages) that you submit to USH will be considered User Content.

•          USH may, at its sole discretion, publicly share any of the Accommodation Reviews provided to USH, including on the Site, USH Systems, social media accounts, review websites, and advertising campaigns.

12. Acceptable Use Policy

Guests are responsible and agree to be in compliance with any and all laws, rules, regulations and obligations that may apply when using the USH Website and USH Services. As a Guest, you agree that you will not violate the USH Acceptable Use Policy. USH reserves the right to prosecute any breach or violation of any of the  USH Acceptable Use Policy  to the entire extent of the law. You also accept that USH has the right to take a range of actions against you, including cancelling, removing, blocking, deactivating, and disabling the content of your account and your access to information and services on the USH Website.

13. Reporting Misconduct

If you stay at the Accommodation and you feel that someone is acting or has acted inappropriately, or unlawfully, including anyone who:

•           displays offensive, violent or sexually inappropriate behavior,

•           you suspect is stealing from you,

•           engages in any other disturbing behavior, or

•           violates Section 12 of these Terms and Conditions or the USH Acceptable Use Policy

you should immediately report such person to the appropriate authorities and then to USH by contacting us with your police station information and report number. However, you agree that your report will not obligate USH to take any action beyond that is required by law (if any) or cause us to incur any liability to you.

 

14. User and USH Content

  1. Subject to your agreement with these Terms and Conditions, USH grants you a limited, nonexclusive, nontransferable license to view and access Content, solely for your personal and noncommercial use. You acknowledge and accept that you have no right to sublicense the license rights granted in this section. In addition, you agree not to copy, change, modify, adapt, adjust, or prepare any derivative works based on, distribute, transfer, sell, trade, display, share, transmit, broadcast or otherwise exploit the Site, USH Website and Systems, USH Services or Content, except as expressly permitted by these Terms and Conditions or otherwise in writing by USH. You acknowledge that you are granted no license or rights by implication or otherwise under any intellectual property rights owned or controlled by USH or its licensors, except for the license and rights expressly granted in these Terms and Conditions.
  2. USH may allow you, in our sole discretion, to post, share, publish or transmit User Content. By making your content available on the USH Website or via email, including advertising and promotional campaigns, you hereby grant USH a worldwide, perpetual, irrevocable, royalty-free, transferable, worldwide, nonexclusive license with the right to sublicense, to use, view, adapt, copy, share, distribute, transmit, broadcast, access, and otherwise exploit User Content for any and all purposes. USH does not claim any ownership rights to User Content, and you will continue
  3. to have rights to use, exploit and access your own User Content.
  4. Users are solely responsible for all of their User Content that they make available on the USH Website. Users represent and warrant that (a) they are sole owners of their entire User Content provided to USH or through the USH Website, and have all rights, consents and releases that are necessary to grant USH the rights to utilize such User Content as provided in these Terms and Conditions; and (b) neither the User Content nor any of its publication, post, transmission, distribution, or uploading on the USH Website or otherwise to USH will violate any third-party’s rights, including, but not limited to patent, copyright, trademark, secrets, morals, privacy, publicity, proprietary or intellectual property, or will result in violation of any law or regulation.
  5. Guests shall not transmit any material or information to the USH Website that is false, libelous, defamatory, obscene, profane, solicitous, infringes on any copyright or other proprietary rights of any other person or entity, or otherwise could result in civil or criminal liability under the law.

 

15. Term, Termination and Suspension of these Terms and Conditions

  1. These Terms and Conditions will be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or USH terminate these Terms and Conditions in accordance with this Section 15.
  2. You may terminate these Terms and Conditions at any time by sending us an email to [email protected]. If you cancel your USH account as a Guest, any unconfirmed Booking Request and any confirmed Booking will be automatically cancelled as a Guest cancellation and any refund will depend upon the terms of the Guest Cancellation Policy.
  3. Without limiting our rights specified below, USH may terminate these Terms and Condition for convenience at any time by giving you 30 days’ notice via email to your registered email address.
  4. In addition, USH reserves the right to terminate these Terms and Conditions immediately and without notice if you have or are believed to have (i) materially breached or violated these Terms and Conditions or any policies or rules, (ii) provided incorrect, misleading, fraudulent, incomplete, or outdated information during the sign up process or at any time during your use of the USH Services or your stay at an Accommodation, or (iii) violated any laws, policies, regulations or third party rights. USH also reserves the right to terminate these Terms and Conditions immediately and without notice if USH believes in good faith that such measures are reasonable and necessary to protect security, comfort or property of other Users, USH or third parties, or for purposes such as fraud prevention or activities, risk assessment, investigation or security. In the event that any such termination will take place, USH will use reasonable efforts to notify you of the termination.
  5. USH also reserves the right, at its sole discretion to temporarily or permanently delay, limit, deactivate, suspend, or cancel any Homestay Application, Match, account, Review or Content, as well as limit or deny access to the USH Website, if (i) you have breached or violated these Terms and Conditions or any policies or rules (including house rules), (ii) you have received poor, negative or unfavorable reviews, or (iii) USH considers in good faith that such measures are reasonable and necessary to protect security, comfort or property of other Users, USH or third parties, or for purposes such as fraud prevention or activities, risk assessment, investigation or security. In the event that any such action will take place, USH will use reasonable efforts to notify you of the action.
  6. In case of non-material breaches and where applicable and at USH’s sole discretion, you may be given an opportunity to resolve the issue to USH’s reasonable satisfaction.
  7. If we take any of the measures described above (i) we may retain amounts you have paid and pay the Host for any and all confirmed Matches that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you may not receive any refund for pending or confirmed Matches that were cancelled.
  8. In the event that the Guest or USH terminates these Terms and Conditions, USH is under no obligation to remove, delete or return any User Content to the Guest, including, but not limited to reviews, photographs, information, descriptions, messages, email communication. If these Terms and Conditions have been terminated, Guests are not entitled to restore, use or access their User Content and/or account unless otherwise permitted by USH. In addition, Guests are not permitted to use, access or attempt to use or access the USH Website, USH Services or any USH account through any other USH account.
  9. If the Guest or USH terminates these Terms and Conditions, then the clauses of these Terms and Conditions that reasonably should survive termination will remain in effect.

 

16. Disclaimers

a)    IF YOU CHOOSE TO USE THE USH WEBSITE OR CONTENT, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE USH WEBSITE (INCLUDING SITE, APPLICATION AND USH SERVICES), CONTENT AND ALL OTHER SERVICES AND ITEMS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, USH EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. USH MAKES NO WARRANTY THAT THE USH WEBSITE (INCLUDING SITE, APPLICATION AND USH SERVICES), CONTENT AND ALL OTHER SERVICES AND ITEMS, INCLUDING, BUT NOT LIMITED TO, ANY ACCOMMODATIONS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. USH MAKES NO WARRANTY REGARDING THE QUALITY OF ANY ACCOMMODATIONS, HOSTS, GUESTS, THE SERVICES OR CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE USH WEBSITE.

b)    YOU AGREE THAT YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE THE USH WEBSITE, USH SERVICES, LAWS, RULES, OR REGULATIONS THAT MAY BE APPLICABLE TO THE SERVICES YOU ARE RECEIVING AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OF LAW OR FACT MADE BY USH RELATING TO AN ACCOMMODATION LISTING.

c)     YOU ACKNOWLEDGE AND AGREE THAT USH DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS. IF WE CHOOSE TO CONDUCT IDENTITY VERIFICATION OR BACKGROUND CHECKS ON ANY USER, 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 HOST OR GUARANTEE THAT A HOST OR OTHER USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.

d)    YOU AGREE THAT SOME USH SERVICES OR HOST SERVICES MAY CARRY INHERENT RISK, AND BY PARTICIPATING IN SUCH SERVICES, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. FOR EXAMPLE, SOME USH SERVICES OR HOST SERVICES MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY CHOOSING TO PARTICIPATE IN THOSE USH SERVICES OR HOST SERVICES. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MAKE BEFORE, DURING AND AFTER YOUR PARTICIPATION IN A USH SERVICE OR HOST SERVICE.

e)    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM USH OR THROUGH THE USH WEBSITE OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

f)      YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE USH WEBSITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE USH WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT USH DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW ACCOMMODATION. ANY VERIFICATION BY USH OF AN ACCOMMODATION IS LIMITED TO CONFIRMING THE LOCATION AND EXISTENCE OF AN ACCOMMODATION. USH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE USH WEBSITE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE USH WEBSITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE USH WEBSITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE USH WEBSITE, INCLUDING, BUT NOT LIMITED TO, HOSTS AND OTHER GUESTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON, AND REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY USH. USH EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST, HOST OR OTHER THIRD PARTY.

g)    THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

17. Liability and Indemnification

a.     Limitation of liability . YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE USH WEBSITE, YOUR BOOKING OF ANY ACCOMMODATIONS THROUGH THE USH SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER USH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE USH WEBSITE (INCLUDING OUR LICENSORS) OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS AND CONDITIONS, (II) THE USE OF OR INABILITY TO USE THE USH WEBSITE OR CONTENT, (III) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE USH WEBSITE OR (IV) YOUR BOOKING OF ANY ACCOMMODATION VIA THE USH SERVICES, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT USH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

b.     Indemnification. You agree to release, defend, indemnify, and hold USH 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 or in any way connected with (i) your breach of these Terms and Conditions or any USH policies or requirements, (ii) your access to or use of the USH Website or Content; (iii) your User Content; (iv) your interaction with any User or other third party; (v) the use, condition or requesting an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Match or use of an Accommodation; or (vi) your breach of any laws, rules, regulations or third party rights.

18.  Feedback

USH welcomes and encourages you to provide feedback, comments and suggestions for improvements to the USH Website (“Feedback“). You may submit Feedback by emailing USH, or by other means of communication. Any Feedback you submit to USH will be considered non-confidential and non-proprietary to you. By submitting Feedback, you grant USH a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.


19. Miscellaneous Provisions

a.     Notices. Any notices or any communications allowed or required, including, but not limited to those concerning modifications of these Terms and Conditions, will be provided in writing either (i) via electronic mail or text message (to the email address or cell phone number provided on the Guest’s USH profile), (ii) through Notification on the Dashboard of the Guest’s USH account, or (iii) via entry or update to the Site. The date of the foregoing notice or communication will be considered the date on which such notice or communication is in effect, unless otherwise specified.

b.     Severability. Should any provisions of these Terms and Conditions for any reason be declared invalid, void, or unenforceable by a court of competent jurisdiction, the validity and binding effect of any remaining portion will not be affected, which will remain in full force and effect, and the parties agree that the offending provisions shall be deemed modified and reformed to the minimum extent necessary to make them valid and enforceable.

c.     Applicable Law. Guests agree and covenant that these Terms and Conditions and performance under these Terms and Conditions, and all proceedings that may ensue from its breach, be construed in accordance with and under the laws of the State of California and that in any action, proceeding that may be brought arising out of, in connection with or by reason of these Terms and Conditions, the laws of the State of California shall apply and shall govern to the exclusion of the law of any other forum. In the event of litigation, jurisdiction and venue shall be in the Los Angeles Superior Court. Guest hereby submit to the jurisdiction of the Los Angeles Superior Court.

d.     Waiver. No waiver by either party of any provision of these Terms and Conditions shall be deemed a waiver of any other provision, and no course of conduct or failure or delay in enforcing the provisions of these Terms and Conditions shall affect the validity, binding effect, or enforceability of these Terms and Conditions.

e.     Withholding Taxes. USH may, in its sole and absolute discretion, withhold from all compensation payable pursuant hereto all sums required to be withheld under federal, state and city laws, or governmental regulation or ruling.

f.      Injunctive Relief. Nothing in these Terms and Conditions shall prevent USH from seeking injunctive or other equitable relief from a court of competent jurisdiction to enforce the provisions of these Terms and Conditions. The Guest irrevocably consents to such injunctive relief.

g.     Attorney's Fees. In the event of any controversy or dispute arising out of these Terms and Conditions, the prevailing party or parties will be entitled to recover from the non-prevailing party or parties, reasonable expenses, including, without limitation, attorneys’ fees and costs actually incurred.

h.     Authority. Each party to these Terms and Conditions hereby represents and warrants that it has the legal power, right and authority to enter into and carry out these Terms and Conditions.

i.      Further Documentation. Each party to these Terms and Conditions, without further consideration, agrees to execute and deliver such other documents and take such other action as may be necessary to consummate more effectively the subject matter hereof.

j.      Third Party Beneficiaries. These Terms and Conditions are entered into for the sole benefit of USH and the Guest and their respective permitted successors and assigns. No party other than USH and Guest and such permitted successors and assigns shall have any right of action under or rights or remedies by reason of these Terms and Conditions.

k.     Third Party Links and Resources. The USH Website contains links to other Internet sites and resources that are not related to or controlled by USH. USH assumes no responsibility or liability for any errors or omissions in the materials or information available on or through such other Internet sites or resources. The existence of such links is not an endorsement by USH of such Internet sites or the resources, contents, or operators thereof. In addition, such other Internet sites and resources may provide less security than USH and have a privacy policy different than that of USH. Your access to and use of such Internet sites and resources is at your own risk.

l.      Copyright Policy. USH honors and recognizes copyright law and expects all Guests to comply as well. USH reserves the right to terminate any Guest’s account who continuously violates or is believed to be continuously violating the rights of copyright owners. Please also see the USH DMCA Policy.

m.   Entire Agreement. Unless supplemented by a document referenced and integrated or by additional USH terms, guidelines, rules or policies, these Terms and Conditions, together will all USH policies and requirements referenced herein, compose the entire and full acknowledgment, acceptance and agreement between you and USH. These Terms and Conditions will supersede and replace any and all prior oral, written agreement between you and USH in relation to the USH Services, Accommodations, Matches, and Content. Except where otherwise stated herein, these Terms and Conditions may not be modified or amended by oral agreement, but only by USH in its sole discretion.

n.     Assignment. You may not assign or transfer these Terms and Conditions without written consent of USH. You recognize that if you attempt to transfer or assign these Terms and Conditions without USH consent, such transfer will be null and invalid. USH reserves the right to assign or transfer these Terms and Conditions at its sole discretion. These Terms and Conditions will inure and bind to the advantage and benefit of the parties, their successors and permitted assigns.

20. Dispute Resolution and Arbitration Process

a)    Scope. If you are using the USH Website or USH Services, you understand that the following dispute resolution and arbitration terms will apply, regardless whether or not you reside in the U.S.

b)    Dispute Resolution Process. USH is committed to offering a consumer-friendly dispute resolution process. Therefore, a Guest who wishes to bring a claim will participate in the following two-step dispute resolution process: first, an informal negotiation directly with USH, and second, binding arbitration administered by the American Arbitration Association (“AAA”). Since these Terms and Conditions involve a transaction in interstate commerce, the Federal Arbitration Act will apply and govern the interpretation and enforcement of this section. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules, except as modified below. The process, rules and regulations can be found on AAA’s website at www.adr.org or by calling the AAA at 1-800-778-7879.

c)     Modification to AAA rules. The AAA rules will be modified as follows:

•         Location of the Hearing. As USH is committed to a consumer-friendly resolution process, we agree to make the arbitration most convenient to the Guest. In that regard, any required arbitration hearing may take place at your choice of location: (a) in the country of your residence, (b) in Los Angeles County, (c) in any other location both you and USH agree, (d) over the phone or video conference, or (e) for any claim or counterclaim under $25,000, by merely the submission of documents to the arbitrator.

•         Fees and Costs. You may have a right to seek an award of attorney’s fees and expenses if you prevail in the arbitration, to the extent available under applicable law and the AAA rules. Unless the arbitrator concludes that your claim was frivolous, trivial or aimed at harassment, USH agrees it will not seek, and waives all the rights it may have under applicable law or the AAA rules, to recover attorney’s fees and expenses if it prevails in arbitration.

d)    Pre-Arbitration Dispute Resolution. To begin this dispute resolution process, USH and you agree to notify each other of such proceedings in writing. You must notify USH at [email protected]. USH will notify you at the most recent email address associated with your USH Website account. First, informal negotiation will take place. If after such meeting and after a good faith effort to resolve the dispute, either party feels that the dispute cannot be resolved informally, the party who wishes to initiate formal arbitration process will notify the other in writing via email. In order to begin the arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party (as specified by the AAA rules).

e)    Agreement to Arbitrate. You and USH mutually understand that any dispute, claim or controversy arising from these Terms and Conditions or its breach, termination, enforcement or interpretation, as well as to the use of the USH Website or Content (collectively, “Disputes”), will be settled by binding arbitration. If there is any disagreement whether the arbitration can be applied to the Dispute, both you and USH accept that the arbitration will be able to decide that issue. You and USH agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to infringement, violation, or misappropriation of a party’s trademarks, copyrights, trade secrets, patents, or any other intellectual property rights, and (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g. imminent danger or commission of a crime, hacking, or cyber-attack).

f)      Jury Trial Waiver. You and USH understand and accept that both parties are waiving the right to a trial by jury as to all disputes that may be resolved by arbitration as set forth herein.

g)    No Class Actions or Representative Proceedings. You and USH acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and USH both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.

h)    Modifications. Notwithstanding the provisions of Section 4 (Modifications of these Terms and Conditions), if USH makes any modification to this section 20 (Dispute Resolution and Arbitration Process) after the date you last accepted these Terms and Conditions, you have the right to reject such change by sending a written notice within 30 days of the date such change becomes effective. By rejecting any change or modification, you understand and accept that you will arbitrate any dispute between you and USH in accordance with the Dispute Resolution and Arbitration Process section as of the date you last accepted these Terms and Conditions.