Terms of Use.
Urbain Hospitality Group
Terms of Use
Last Updated: June 5, 2020
Welcome to www.urbainco.com (the “Site”), which is the online home of Urbain Hospitality Group Inc. (“Urbain” “we” or “us”). Urbain is a next generation urban lodging company focused on eliminating friction in the short-term rental (STR) process for homeowners and travelers alike.
Please read the terms of use below carefully as they describe our respective rights and obligations in connection with the Site. By continuing to use the Site, you agree to follow and be legally bound by these terms of use as well as any other terms described and incorporated by reference (collectively, we refer to these as the “Terms”). These Terms govern your access to and use of the Site and are considered a legally binding agreement between you and us.
1. Changes to the Site. We may change the Terms from time to time. If we do so, any changes will become effective upon posting on the Site and will apply to your access and use of the Site going forward. If we make any changes to the section captioned, “Dispute Resolution/Governing Law,” those changes will not apply to any disputes to which either you or we had actual notice on or before the date that we posted the change.
2. Eligibility. You must be 18 years old or older and able to enter into a legally binding contract to access the Site and use any services that we offer through the Site. By using this Site, you represent that you are at least 18 years old, and you have read, understood and agreed to these Terms.
3. Prohibited Use. You represent and warrant that you will not use the Website for any purpose that violates federal, state, local, or international law, or is fraudulent, tortious, or otherwise prohibited by these Terms. In addition, you agree that you will not:
Attempt to gain unauthorized access to the Site, or attempt to interfere with, disrupt, or damage the Site or the server on which the Site is stored on;
Attempt to gain unauthorized access to our data or the data of the users of the Site;
Use any robot, spider, site service/retrieval application or other manual or automatic device to retrieve, index, scrape, data mine or otherwise gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our permission;
Harvest or collect information from the Site, including without limitation, from any users of the Site;
Hack or deface any portion of the Site;
Attack the Site through a denial of service attack, flooding the network, or overloading or overburdening the Site;
Reverse engineer, decompile, or disassemble any portion of the Site unless such restriction is otherwise prohibited by law;
Introduce any virus, worm, Trojan horse, time bomb, spyware or other computer code, file or program that is harmful or potentially harmful or invasive or malicious;
Otherwise attempt to interfere with the proper function of the Site.
4. Intellectual Property. We control and operate the Site either by ourselves or through our third party hosts. All of the content on the Site (the “Content”) including, but not limited to text, images, illustrations, graphics, logos, digital downloads, data, software, headers, icons, scripts, audio clips and video clips belongs to us, our licensors, or our providers, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights under United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Content is solely for your personal, non-commercial use and may not be used in any manner that is likely to cause confusion among our customers, the public or other users of the Site. You may not use any registered or unregistered trademarks , service marks, copyrighted materials or other proprietary information on the Site without the consent of us or the owner of the mark, copyrighted materials or other proprietary information. You may not deep link to any page or portion of the Site without our prior written consent or provide any links that state or imply any sponsorship or endorsement of your website although you may provide a hyperlink to the home page of the Site as long as you don’t include any logos, graphics or trademarks of Urbain without our prior written consent.
5. Trademarks. Our name, and the term “Urbain Hospitality Group”, our logo, designs and slogans are trademarks of Urbain, and you agree not to reproduce or use these trademarks without our prior written permission.
6. Links to Third Parties. This Site may contain links to third party links or resources. We don’t control or endorse these third party links and resources and are not responsible for the accuracy, usefulness, or privacy policies of these third party links. You acknowledge responsibility for any risk resulting from your use of these third party links.
7. Indemnification. You agree to indemnify, defend and hold us harmless from and against all claims, costs, liabilities, losses and damages including attorneys’ fees if you breach these Terms, or violate the rights of a third party. We must give you appropriate notice of any indemnity claim and cooperate with you in the defense or settlement of such claim. You are allowed to control the defense and settlement.
8. Limitation of Liability. Neither Urbain nor its officers, directors, employees, affiliates, agents or representatives shall be liable to you for your use of this Site or any other websites linked to it. This limitation of liability does not preclude any liability for any gross negligence, fraud, or intentional misconduct by us, and it does not limit your ability to recover attorneys fees or other remedies allowed by applicable law. This limitation of liability also does not apply to any liability that cannot be excluded or limited under applicable law.
9. Warranty. WE ARE PROVIDING THIS SITE ON AN “AS IS” BASIS, AND WE MAKE NO WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE MAKE NO WARRANTY THAT THE SITE WILL (1) MEET YOUR REQUIREMENTS OR MEET YOUR EXPECTATIONS, (2) BE FREE OF COMPUTER VIRUS OR THAT ANY LINKS TO THIRD-PARTY WEBSITES WILL FREE OF COMPUTER VIRUS, OR (3) BE UNINTERRUPTED, SECURE, OR ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED.
10. Dispute Resolution/Governing Law. We operate this Site out of our office in New York, and you agree that any disputes regarding your use of the Site will be governed and construed by the internal laws of the State of New York without regard to any choice or conflict of law rule or provision. While we strive to avoid disputes with users of this Site, you further agree that any legal suit, action, or proceeding related to these Terms of use of the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
11. Geographic Restrictions. We make no representation that the materials on the SIte are appropriate or available for use in other countries and accessing them from other countries where the Content is illegal is prohibited. If you choose to access the Site from another country, you do so at your own risk and are responsible for compliance with local laws and regulations.
12. Termination. You agree that Urbain may, in our sole discretion, suspend or terminate your use of or access to this Site without notice to you.
13. Entire Agreement. This is the entire agreement between you and Urbain relating to the Terms of the Site, and it supersedes all other agreements or understandings on the Terms, whether written or oral.
14. Feedback. If you have feedback or comments on the Site or need technical support, please send an email to: connect@urbainco.com.