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Realstir, Inc. ("Realstir", "we" or "us") is a company which offers digital solutions for real estate professionals that people (our "Clients") can use to connect with their customers and service providers (our "Service"). Clients work with their customers ("End Users") and may in turn collect information from them.
We are committed to respecting and protecting the privacy rights of Clients and End Users, and we created this Privacy Policy to give you notice of how your private information will (and will not) be used by us. This Privacy Policy provides information on our policies and procedures regarding the collection, use and disclosure of personal information we receive from (1) Clients, (2) End Users who download and use the websites or Apps used by/for Clients ("End Users"), and (3) visitors who simply browse our website or Apps ("Visitors").
End Users may be asked by Clients to provide additional information to them, including your personally identifiable and other information, to be used and shared pursuant to their own privacy and confidentiality policies, and we may collect and share information related to interactions by End Users with the respective Client. We encourage you to read the Clients' privacy policies. We are not responsible for the use of your information by any Clients, and disclaim any liability related thereto.
By using or accessing the Service in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.
Remember that your use of the Service is at all times subject to the Terms of Use, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.
This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Site. You are advised to consult this policy regularly for any changes.
contact phone number or other information. Information collected is often defined as being either anonymous or personally identifiable:
Anonymous Information refers to information that cannot be tied back to a specific individual. For instance, we may know that thousands of people have visited this Privacy Policy, but we do not necessarily know their names, where they live, or their date of birth. What we collect from visits such as this constitutes anonymous information. Some of the individuals who access our Services decline to use the personalization features that are available to them, and therefore those individuals are anonymous to us and the only data we collect about them is anonymous information.
Personally Identifiable Information refers to information that tells us specifically who you are, such as your name, email address, or phone number. Downloading information or logging in may allow the Company to "recognize" you to allow us to personalize our service for you.
As is true of most websites, we gather certain information (such as mobile provider, operating system, etc.) automatically and store it in log files. We use this information, which does not identify individual users, to analyze trends, to administer the website, to track users movements around the website and to gather demographic information about our user base as a whole. We may link some of this automatically-collected data to certain Personally Identifiable Information.
If you are a Client, when you register with us via our website, we may ask you for some personally identifiable information, such as your first and last name, company name, email address, billing address, credit card information and other information. If you are an End User, we may ask you for some personally identifiable information, such as your first and last name, address, phone number, email address and other specific information in connection with the service being provided. You may review and update this personally identifiable information in your profile by logging in and editing such information in your dashboard. If you decide to delete all of your information, we may cancel your account. We may retain an archived copy of your records as required by law or for reasonable business purposes.
In order to use some features of this Service, you (an End User) may at times be asked by a Client to provide certain personal and other information to be shared with our Client. Depending on the Services you have chosen to use, some limited Personally Identifiable Information may be used by us to provide such Services and by our Clients. We also may store any content that you upload or provide to the Service in order to make available to you with the features and functionality of the Service.
Some Personally Identifiable Information may also be provided to intermediaries and third parties who assist us with the Service, but who may make no use of any such information other than to assist us in providing the Service. Except as otherwise provided in this Privacy Policy, however, we will not rent or sell your Personally Identifiable Information to third parties.
If you choose to allow a website to collect your location data, such location data may be available to the applicable Client. In addition, if you have an account with Facebook, Twitter, Google+, LinkedIn, Foursquare or other similar websites (each a "Social Network"), your Social Network identity, including your public picture, may be associated with your location data.
Realstir, Inc. is the owner of the information collected through the Service.
We will never knowingly collect any personal information about children under the age of 13, except from a parent or legal guardian. If we obtain actual knowledge that we have collected personal information from a child under the age of 13, that information will be immediately removed from any access. Because it does not collect such information from children under the age of 13, Realstir has no such information to use or to disclose to third parties. Realstir has designed this policy in order to comply with the Children's Online Privacy Protection Act ("COPPA").
For our Clients, we use personal information mainly to provide the Services and contact our Clients regarding account activities, new version and product offerings, or other communications relevant to the Services. We do not sell or share any personally identifiable or other information of End Users to any third parties, except, of course, to the applicable Client.
If you contact us by email or by filling-out a registration form, we may keep a record of your contact information and correspondence, and may use your email address, and any information that you provide to us in your message, to respond to you. In addition, we may use the personal information described above to send you information regarding the Service. If you decide at any time that you no longer wish to receive such information or communications from us, email us at support@Realstir.com and request to be removed from our list. The circumstances under which we may share such information with third parties are described in part (4) below
Realstir operates or leases secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the information provided by our Clients and End Users. Notwithstanding such measures, we cannot guarantee that our security measures will prevent our computers from being illegally accessed, and the individual information on them stolen or altered.
Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
REALSTIR MAY CONTRACT WITH A VARIETY OF THIRD PARTY SUPPLIERS/PROVIDERS/VENDORS/SOCIAL NETWORKS FROM TIME TO TIME, TO PROVIDE FOR OUR HOSTING, AUTHENTICATION, SERVING, STORAGE AND TELECOMMUNICATION NEEDS, ETC., INCLUDING WITHOUT LIMITATION STORAGE OF OUR USERS PERSONALLY IDENTIFIABLE INFORMATION. REALSTIR SHALL NOT BE RESPONSIBLE OR LIABLE, AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY, FOR CULPABLE (INCLUDING WITHOUT LIMITATION NEGLIGENT) ACTS OR OMISSIONS BY ITS THIRD PARTY SUPPLIERS/VENDORS.
We may use third parties to help operate our website, authenticate users and deliver products and services, and may share your Personally Identifiable Information with our service providers, vendors, suppliers, and other third parties that provide products or services for or through this Service (such as website or database hosting companies, authentication providers, address list hosting companies, e-mail service providers, analytics companies, distribution companies and other similar service providers that use such information on our behalf). Unless otherwise stated, these companies do not have any right to use the Personally Identifiable Information we provide to them beyond what is necessary for them to assist us.
We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of our Service and e-mails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual End User or Client.
Realstir reserves the right to use or disclose your Personally Identifiable Information and other information in response to subpoenas, court orders, warrants, or legal process, or to otherwise establish or exercise our legal rights or defend against legal claims or in the event you violate or breach an agreement with us. We may use and disclose your Personally Identifiable Information if we believe you will harm the property or rights of Realstir, its owners, or those of our other Clients or End Users.
In the event Realstir goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets as well as in the event of a bankruptcy, assignment for benefit of creditors or receivership, your Personally Identifiable Information (but not other information) may be disclosed and will likely be among the assets transferred. You may be notified thereafter via prominent notice on our web site for thirty (30) days of any such change in ownership or control of your personal information. Realstir further reserves the right to disclose, transfer or sell your personal information to companies who are affiliated with us in our sole discretion.
To the extent that you are accessing our website in the United States while domiciled outside of the United States, you acknowledge that the Personally Identifiable Information you are providing us may be collected and stored in the United States and elsewhere and therefore consent to the transfer of information to and storage of the information outside of your domiciled country and in the United States.
If you have any questions or concerns about this Privacy Policy, please contact us at support@Realstir.com.
Last updated: April 1, 2015
Welcome to realstir.com. We are a company which offers digital solutions for real estate professionals that people (our "Clients") can use to connect with their customers and service providers ("End Users"), collectively referred to as "you".
Realstir, Inc. ("Realstir", "we" or "us") offers various services to you, our Client and your End Users, through our website www.realstir.com (our "Service"), all of which are conditioned on your agreement to adhere to the following Terms of Use without modification of any kind. Your use of the Service and/or your registration with us constitutes your agreement to these Terms of Use. These Terms of Use are subject to change at any time, without prior notice. Any changes that are made to these Terms of Use will not apply retroactively and will not apply to disputes or events occurring before the change is published. You are responsible for reviewing these Terms of Use on a regular basis. These Terms of Use apply to all visitors and all who access our website or Service.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
We respect the privacy and security of all our Users. You understand that by using our Service, you give consent to the collection, use and disclosure of our personally identifiable information as well as any non-personally identifiable information, as described in more detail in our Privacy Policy.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you represent that you are over the age of 13, as this Service is not intended for children under 13. If you are under 13 years of age, then please do not use our Service.
In our discretion, we may maintain different accounts for different types of Users. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Use, and that you agree to these Terms on the entity's behalf.
By connecting to Realstir with a third-party service (e.g., Facebook, Twitter, LinkedIn or Google+), you give us permission to access and use your information from that service as permitted by that third-party service, and to store your log-in credentials for that third-party service. The Service is not available to any User who has been removed from the Service by Realstir.
Realstir is a company which offers digital solutions for real estate professionals that people can use to connect with their customers and service providers.
Realstir is a company which offers digital solutions for real estate professionals that people can use to connect with their customers and service providers.
You may visit our Site without registering. However, in order to use some of our Services you will be required to register for an account. When creating an account we will collect among other items your name, address, and email. If you decide to purchase any of our products, you will also be required to submit your credit card information to our third party payment processors. We may also ask you for additional information if necessary.
Realstir respects the rights of third party creators and content owners and expects that you will do the same. Given the nature of the Service and the volume of information submitted, we cannot and do not monitor all of the Materials posted or transmitted by you and other third-party information providers via the Service, including, without limitation, any Materials posted via the website. You expressly agree that we: (a) will not be liable for Materials and (b) reserve the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability and without notice to you. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or our Acceptable Use Policy below. The Service allows users (as moderators) to flag inappropriate content which violates our Acceptable Use Policy (i.e. posts containing text and/or multi-media files, and/or comments containing inappropriate text based content). The Service allows users to flag objectionable user content in posts and comments, Users may report another user's content as inappropriate, offensive, or violation of our Acceptable Use Policy by flagging the content and thereby automatically generating an incident requiring review. The incident will be reviewed and a decision rendered with 24 hours. If determined that a user published objectionable content which violates our Acceptable Use Policy then, (1) the offending content will be removed and (2) the user account will be deactivated with notice to the user. An administration portal monitored by Realstir staff will be managing the deactivation of users who violate the Terms of Use agreement.
We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Service, your posts, comments, followers, chats, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your profile), but those materials and data may persist and appear outside the Service (e.g., if your Content has been reshared by others outside the Service).
It is the policy of Realstir to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws.
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent:
Realstir, Inc.
Attention: Legal Dept. of Realstir, Inc.
5404 Napa Street
San Diego, CA
Fax: 1 (619) 298 - 7790
Email: dmca_notice_email@realstir.com
To be effective, the notification must be a written communication that includes the following:
The following is a partial list of the kinds of activities that are prohibited on or through the Service of which may result in modification or termination of the Service or your access to the Service as described above in Right to Modify or Terminate the Service: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Service users, including names, phone numbers, addresses, email addresses, (collectively, "User Data") without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the content contained in the Realstir website or for any other unauthorized purpose without our prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; (n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Service or our hardware and software infrastructure or that of any of our Licensors or Suppliers. In addition, you covenant and represent that you will not use the Service in violation of the law or these Terms of Use.
Realstir allows Users to post and share various content on the Service. Unless otherwise agreed in writing signed by Realstir, by submitting content, adding photos, video, data or other materials directly through the Service or suggesting any ideas or feedback (collectively, "Materials"), you hereby grant to Realstir a royalty-free, perpetual, irrevocable, fully transferable, sublicenseable, nonexclusive right and license to use, access, store, copy, modify, re-post, rearrange, display, distribute, reproduce, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future and the right to sublicense the foregoing rights through multiple tiers without compensation to you. You further grant to Realstir a royalty-free right and license to use your name, image and/or likeness in advertising and in connection with the licensed rights for the Materials. You also agree to indemnify, defend and hold harmless Realstir from and against any claims or costs, including attorneys' fees, arising from the use or distribution of those Materials. You further grant Realstir the right to use your name in connection with the reproduction or distribution of any such Material. While Realstir is not under any obligation to monitor content provided by Users, Realstir may, in its sole determination, remove any content that it deems objectionable, offensive, unlawful or in violation of these Terms of Use.
Subject to the license above, you retain all of your rights in all of the Materials you post to our Service, including all copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; patent rights and all other intellectual property and proprietary rights as they may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction. The Service, all content and other subject matter included on or within the Service ("Realstir Content") is the exclusive property of Realstir or its licensors. Realstir reserves all of its rights with respect the Realstir Content, and you may not download or distribute or otherwise make any personal or commercial use of the Realstir Content.
The Service may offer forums, blogs, comment areas, bulletin boards, chat rooms and other areas (collectively, "Forums") that are intended to provide users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. Realstir does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment, and be respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful language. Uploading copyrighted or other proprietary material of any kind on the Service without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message in these Forums may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold Realstir responsible for any third party's use of information contained in such posting. To maintain a positive, creative environment in which Users may share and display Materials, we ask that you only use the Service in a manner that is consistent with our Acceptable Use Policy.
You agree not to use user names or Forum titles that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name or the title of your Forum at any time and for any reason in our sole discretion.
As a part of our Service, we may offer links to websites operated by various third parties and are not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. Realstir does not operate or control in any way any information, software, products or services available on such websites. Our inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization.
We may make available various Realstir Apps to access the Service via a mobile device. To use any Realstir App you must have a mobile device that is compatible with the Mobile Service. Realstir does not warrant that any Mobile App will be compatible with your mobile device. Realstir grants to you a non-exclusive, non-transferable, revocable license to use a compiled code copy of any Realstir App for one Realstir account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer any Realstir App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer any Realstir App to any third party or use any Realstir App to provide time sharing or similar services for any third party; (iii) make any copies of any Realstir App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of any Realstir App, features that prevent or restrict use or copying of any content accessible through any Realstir App, or features that enforce limitations on use of any Realstir App; or (v) delete the copyright and other proprietary rights notices on any Realstir App. You acknowledge that Realstir may from time to time issue upgraded versions of any Realstir App, and may automatically electronically upgrade the version of any Realstir App that you are using on your mobile device. You consent to such automatic Realstir upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in any Realstir App is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of any Realstir App or any copy thereof, and Realstir or its third party licensors or suppliers retain all right, title, and interest in and to any Realstir App (and any copy of any Realstir App). You agree to comply with all United States and foreign laws related to use of any Realstir App and the Service. Standard carrier data charges may apply to your use of any Realstir App. If any Realstir Software is being acquired on behalf of the United States Government, then the following provision applies: Use, duplication, or disclosure of the Realstir Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Realstir Software originates in the United States, and is subject to United States export laws and regulations. The Realstir Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Realstir Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Realstir Software and the Service.
The following also applies to any Realstir App you acquire from the iTunes Store ("iTunes-Sourced Software"): You acknowledge and agree that these Terms are solely between you and Realstir, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use and any law applicable to Realstir as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms of Use and any law applicable to Realstir as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party's intellectual property rights, Realstir, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You and Realstir acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Use as they relate to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Use, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person; (e) your use of the Service shall not violate any agreements between you and a third party.
You agree to indemnify, defend and hold harmless Realstir, and its officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to: (a) the Materials you provide or approve for publication, (b) your use of the Service, (c) your breach of these Terms of Use, or (d) any actual, prospective, completed or terminated service between you and a third party.
Realstir intends that the information contained in its Service be accurate and reliable; however, errors sometimes occur. In addition, Realstir may make changes and improvements to the information provided herein at any time. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." REALSTIR AND/OR ITS SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF REALSTIR'S SERVICE IS AT YOUR OWN RISK. REALSTIR AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF REALSTIR'S WEBSITE OR SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH REALSTIR, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF REALSTIR AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL REALSTIR OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE. REALSTIR'S LIABILITY, AND THE LIABILITY OF REALSTIR'S SUPPLIERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF $100.00. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN REALSTIR AND YOU. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of our officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
Realstir is not responsible for any errors or delays caused by an incorrect e-mail address provided by you or any other technical problems.
After browsing and using the free section of our website or App, you may be interested in purchasing some of our Realstir products or services. You will be required to submit payment information and address information to do so.
Credit Cards: You are expected to pay all Charges on time and may be required to submit an accompanying payment and/or payment authorization in connection with Charges. Credit card transactions require an acceptable and currently working credit card number. We may terminate or disable your account if you fail to pay any amount when due. If the credit card expires or otherwise declines payment, access to Realstir can be modified or suspended. If payment is more than thirty (30) calendar days past due, interest will be charged on the unpaid balance at the lower of (a) 1.0% per month, or (b) the maximum allowable by law. The entire amount of unpaid Charges or other outstanding balance (if any), plus this assessment, will become immediately due and payable. You agree to pay all costs of collection, including legal fees, incurred by us. Each time Realstir's services are used, you agree that you are affirming that Realstir is authorized to obtain payment from you through the selected payment method. All fees are quoted and payable in United States dollars. You also responsible for paying all applicable taxes for information, contents, goods, products or services and any other costs incurred in connection with the use of or access to our services including Charges incurred on your account by anyone you allow to use it. You may cancel your account on three (3) days notice, in which case your monthly fee will be prorated and any refund will be made within thirty (30) days.
Taxes: You are solely responsible for any applicable state, federal or provincial taxes. Although you may not be charged taxes by us, you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.
Realstir reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any or no reason, including your breach of these Terms of Use, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. You may unsubscribe from any further communication from Realstir at any time by delivering a written notice addressed to support@realstir.com. You shall be responsible for ensuring delivery of the notice to Realstir. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of the Realstir emails. We respect your desire to manage your email preferences. Please be aware that, even if you have unsubscribed from certain email correspondences, we may still need to email you with important transactional or administrative information.
Realstir reserves the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. Realstir shall have no liability to you or any third party should Realstir modify or discontinue any service or an aspect thereof.
Any claim or controversy arising out of or relating to the use of Realstir's Service, to the goods or services provided by Realstir, or to any acts or omissions for which you may contend Realstir is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in San Diego, California, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator under the Commercial Arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of the State of California, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each part shall bear its own costs and attorneys' fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in California. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND REALSTIR WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND REALSTIR ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Realstir otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Realstir must be addressed to our agent for notice and sent via certified mail to: Agent of Realstir, Inc., 5404 Napa Street San Diego, CA 92110
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You agree that: (i) the Service shall be deemed solely based in California; and (ii) this Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over Realstir, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state court located in San Diego, California or the United States District Court for the Southern District of California, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above. These Terms of Use, together with the Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and us concerning this Service and supersedes any prior written or oral representations. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND REALSTIR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms of Use may not be transferred or assigned by you, but may be assigned by Realstir without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to Realstir.
All contents of the Service are copyrighted © 2015 Realstir, Inc. All rights reserved. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of Realstir, Inc. Other product and company names may be trademarks or service marks of their respective owners.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.
Updated on April 25, 2015
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, HOSTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO HOST PAYING GUESTS FOR SHORT PERIODS. THESE LAWS ARE OFTEN PART OF A CITY'S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING GUESTS. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. HOSTS SHOULD REVIEW LOCAL LAWS BEFORE LISTING AN ACCOMODATION ON REALSTIR.
Realstir provides an online platform that connects hosts who have accommodations listed for sale or rent to guests seeking to rent such accommodations for short term occupancy (collectively, the "TBYB Services"), which TBYB Services are accessible at Realstir and any other websites through which Realstir makes the Services available (collectively, the "Site") and as applications for mobile devices (the "Application"). By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and Realstir. Please also read carefully our Privacy Policy at http://www.realstir.com. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS MAY CREATE LISTINGS FOR ACCOMMODATIONS AND GUESTS MAY LEARN ABOUT AND BOOK ACCOMMODATIONS DIRECTLY WITH THE HOSTS. YOU UNDERSTAND AND AGREE THAT REALSTIR IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS REALSTIR A REAL ESTATE BROKER, AGENT OR INSURER. REALSTIR HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Key Terms
"Realstir Content" means all Content that Realstir makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
"Collective Content" means Member Content and Realstir Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Guest" means a Member who requests from a Host a booking of an Accommodation via the Site, Application or Services. Guest may also be referred to as the Potential Buyer, or Buyer.
"Host" means a Member who creates a Listing via the Site, Application and Services. Host may also be refer to as the Seller, Potential Seller, Seller’s Agent, Owner, Manager, or Property Manager.
"Listing" means an Accommodation that is listed by a Host as available for rental via the Site, Application, and Services.
"Member" means a person who completes Realstir's account registration process, including but not limited to Hosts and Guests, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing or Member profile to be made available through the Site, Application or Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention center fees) that accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Modification
Realstir reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the bottom of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
Eligibility
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and booking of residential and other properties ("Accommodations"). Such Accommodations are included in Listings on the Site, Application and Services by Hosts. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Accommodation or create a Listing, you must first register to create an Realstir Account (defined below).
As stated above, Realstir makes available an online platform or marketplace with related technology for Guests and Hosts to meet online and arrange for short term trial bookings of Accommodations listed for sale or rental directly with each other. Realstir is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations and Realstir does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel services. Unless explicitly specified otherwise in the Realstir platform, Realstir's responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited payment collection agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS AND GUESTS CONNECTING AND BOOKING ACCOMMODATIONS DIRECTLY WITH EACH OTHER. REALSTIR CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. REALSTIR IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.
Account Registration
In order to access certain features of the Site and Application, and to book an Accommodation or create a Listing, you must register to create an account ("Realstir Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Realstir Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Realstir through the Site, Services or Application; or (ii) allowing Realstir to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Realstir and/or grant Realstir access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Realstir to pay any fees or making Realstir subject to any usage limitations imposed by such third-party service providers. By granting Realstir access to any Third-Party Accounts, you understand that Realstir will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Realstir Account and Realstir Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Realstir Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Realstir's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Realstir makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Realstir is not responsible for any SNS Content.
Your Realstir Account and your Realstir Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Realstir Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Realstir reserves the right to suspend or terminate your Realstir Account and your access to the Site, Application and Services if you create more than one (1) Realstir Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Realstir Account, whether or not you have authorized such activities or actions. You will immediately notify Realstir of any unauthorized use of your Realstir Account.
Accommodation Listings
As a Member, you may claim Listings. To claim a Listing, you will be asked a variety of questions about the Accommodation to be claimed, including, but not limited to, your name, your contact information, your agents name, your agent’s contact information, the location of the Listing, capacity, size, features, and availability of the Accommodation and pricing and related rules and financial terms. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Accommodation via the Site, Application and Services based upon the information provided in your Listing.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Guest's stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Realstir assumes no responsibility for a Host's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Realstir reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Realstir, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Realstir's Terms of Use, or otherwise harmful to the Site, Application or Services.
If you are a Host, you understand and agree that Realstir does not act as an insurer or as your contracting agent. If a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and Realstir is not a party to it. Notwithstanding the foregoing, Realstir serves as the limited authorized payment collection agent of the Host for the purpose of accepting, on behalf of the Host, payments from Guests of such amounts stipulated by the Host (including cleaning or other fees and/or Taxes).
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Accommodation, such as, but not limited to, requiring Members to have a profile picture or provide a phone number, purchase Accidental Damage Protection Plan, disclose certain requirements which must be met in order to book your Accommodation. Any Member wishing to book
Accommodations included in Listings with such requirements must meet these requirements.
You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable.)
Realstir recommends that Hosts consider the option to add Accidental Damage Protection Plan for their Accommodation. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation
You agree that you alone are responsible for ensuring that your Listing is accurately represented both in photographs and also in written description of the property and available amenities to Guests.
Accidental Damage Protection Plan
As a part of your stay, you may be offered an Accidental Damage Protection Plan for purchase, designed to cover unintentional damages to the rental unit interior that occur during your stay provided they are disclosed to the property owner prior to check-out. If purchased, the Accidental Damage Protection Plan will pay a Maximum Benefit of $5,000 (depending on coverage level assigned to the property, listed in the Schedule of Benefits). Any damages that exceed the Maximum Benefit or are not covered under the plan will be charged to the credit card on file. Certain terms and conditions apply. Full details of the Accidental Damage Protection Plan coverage are contained in the Description of Coverage or Insurance Policy www.csatravelprotection.com/certpolicy.do?product=G-30VRD. The Accidental Damage Protection Plan can be purchased up to, and including at, check-in. By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to issue any amount payable under the terms and conditions of the Accidental Damage Protection Plan directly to the owner of the property. Please contact Realstir, Inc. directly if you do not wish to participate in this assignment. If you do not wish to purchase the Accidental Damage Protection Plan, you may alternatively select a refundable damage deposit.
No Endorsement
Realstir does not endorse any Member or any Accommodation. Members are required by these Terms to provide accurate information, and although Realstir may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Host or to accept a booking request from a Guest, or to have any other interaction with any other Member. Realstir provides a messaging/chat platform which allows Members to chat with one another and share phone numbers, and emails with one another, in an effort to allow a Host and a Guest to communicate prior to Booking an Accommodation.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Realstir with respect to such actions or omissions. This limitation shall not apply to any claim by a Host against Realstir regarding the remittance of payments received from a Guest by Realstir on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
Bookings and Financial Terms
Key definitions
"Accommodation Fees" means the amounts that are due and payable by a Guest in exchange for that Guest's stay in an Accommodation. The Host alone, and not Realstir, is responsible for the Accommodation Fees for his or her Listing. The Host may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the Realstir platform, or (ii) Taxes that the Host determines that he or she has to collect.
"Guest Fees" means the fee that Realstir charges a Guest for the use of the Services, which is calculated as a percentage of the applicable Accommodation Fees. The Guest Fees will be displayed to the Guest when the Guest is asked whether to send a booking request to a Host.
"Host Fees" means the fee that Realstir charges a Host for the use of the Services, which is calculated as a percentage of the applicable Accommodation Fees. The Host Fees will be displayed to the Host when the Host is asked whether to confirm or reject a booking request from a prospective Guest.
"Service Fees" means collectively the Guest Fees and the Host Fees.
“Security Deposit Fees” means collectively the refundable Security Deposit Fee’s determined by the Host required from Guest to cover damages to Accommodation.
"Total Fees" means collectively the Accommodation Fees, Security Fee’s, Accidental Damage Protection Plan Fee’s and the Guest Fees plus any Taxes.
“Accidental Damage Protection Plan Fee’s” means collectively the fee amount associated with purchase of Accidental Damage Protection Plan by the Guest.
Bookings and Financial Terms for Hosts and Guests
Inquiry Booking Requests - Unclaimed Listing
Guests initiate TBYB Inquiry Requests by selecting “Try Before You Buy” icon, providing reservation dates, and optional message to the Host. The TBYB Inquiry request will then be managed by Realstir, wherein Realstir will use its commercially reasonable efforts to contact the Host (or the Host’s agent) in order to expedite the Inquiry Request, but response from the Host is not guaranteed. TBYB Inquiry Requests initiated by Guest for Unclaimed Listings are not guaranteed to be approved. TBYB Inquiry Request initiated by Guest for Unclaimed Listings are not guaranteed to be sent or communicated to the Host (or the Host’s agent).
Host Claiming a Listing & Verification Process
A Host may initiate a Claim a Listing Request by Selecting “Claim Listing” icon, providing their first name, last name, email, phone number, real estate agent’s name, real estate agent’s phone number, real estate agents phone number, and real estate agent’s email. Realstir or Realstir’s third-party agents may contact the Host or his real estate agent to verify ownership of the listing to be available as an Accommodation within the Realstir platform. Realstir retains all rights and discretion to approve or deny a Claim a Listing Request provided by a Member.
After Claiming a Listing, a Host may manage the Accommodation by providing detailed description of the physical property, amenities, house rules, any guidelines which Guest need to abide by, nightly rate, cleaning fee, security deposit fee, elect to require Accidental Damage Protection Plan.
After Claiming the Listing, the Host may manage the Accommodation by turning on and off the TBYB, whereby the Accommodation may be shown as TBYB available or unavailable to other Guests.
Booking Requests – Claimed Listing by a Host
Host Reviews Inquiry Booking Request
After a Listing is Claimed by a Host, then (unless disabled by Realstir within its discretion) pending Inquiry Requests and subsequent Pending Booking Requests for the Accommodation will be communicated to the Host via the Site, Application, or Service, but response is not guaranteed.
After a Listing is Claimed by a Host, then the Guest will be notified to review the detail description of the property, amenities, guidelines, review nightly rate, cleaning fee, security deposit fee, Accidental Damage Protection Plan. The Guest will then be obligated to transmit a Pending Booking Request after disclosure regarding the Accommodation has been fully disclosed to the Guest, the Pending Booking Request containing the Guest’s credit card information to be used to reserve the Accommodation, if approved by the Host.
Guest Credit Card Authorization for Pending Booking Request
A Guest initiated Pending Booking Request may initiate a Credit Card Authorization in the amount of Total Fee’s requested for the Accommodation.
After a Listing is Claimed by a Host, then the Host will have the option to deny or approve any pending Inquiry Booking Requests. The Guest will be notified by email, text or chat, if the Host approves or denies their Inquiry Booking Request.
If a Pending Booking Requested is cancelled or declined by the Host or Guest, any amounts collected by Realstir will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest's credit card will be released, if applicable.
Host Reviews Pending Booking Request
If you are a Host and a Pending Booking Request is requested for your Accommodation via the Site, Application or Services, you will be required to (1) approve a Pending Booking Request initiated by a Guest, (2) Deny a Pending Booking Request imitated by a Guest, or (3) Modify a existing Booking Request initiated by a Guest, otherwise, the booking request will remain pending, and you may continue to receive email, text, or chat reminders. A Host may decrease the Accommodation Fee’s, Security Deposit Fee’s when transmitting an approval request. The Host may approve a Pending Booking Request initiated by a Guest without modifying the Booking. The Host may Deny a Pending Booking Request initiated by a Guest. If a Host elects to the modify the Booking, by either changing the Nightly Rate, Reservation Dates, detail description of the property or other disclosure, then a subsequent Modify Booking Request will be transmitted to the Guest for approval or denial.
When a Pending Booking Request is requested via the Site, Application or Services, we will share with the Host (i) the first and last name of the Guest who has requested the booking; (ii) provide the ability to chat with the Guest. If you are unable to confirm or decide to reject a Pending Booking Request, any amounts collected by Realstir for the requested booking will be refunded to the applicable Guest's credit card and any pre-authorization of such credit card will be released.
Guest Reviews Pending Booking Request
If you are a Host and a Pending Booking Request initiated by the Host is pending for your review via the Site, Application or Services, you will be required to (1) approve a Pending Booking Request initiated by a Host (the Guest is reminded to review the Pending Booking Request for any modifications by the Host of the Accommodation prior approval), (2) Deny a Pending Booking Request initiated by a Host, otherwise, the Pending Booking Request will remain pending, and you may continue to receive email, text, or chat reminders.
A Guest is always welcome to initiate a new Pending Booking Request and transmit it to the Host, especially if the terms of the Host initiated Pending Booking Request was not satisfactory to the Guest and resulted in Denying a previous Pending Booking Request initiated by the Host.
Guest Credit Card Charged for Approved Booking Request
Upon an Approved Booking Request, the Guest credit card will be charged for the Total Fee’s. Realstir will collect the Total Fees at the time of Approved Booking Request (i.e. when the Host or Guest confirms a Pending Booking Request or Modified Booking Request).
Approved Booking Requests
When a Host confirms a booking requested by a Guest, Realstir will send the Host and Guest an email, text message or message confirming such booking via the Site, Application and Services.
“Approved Booking Requests” may be referred to as “Confirmed Booking”.
Payout to Host
Payout to Host will be made by Check within 30 days of departure of the Guest. In some cases, an IRS forms (such as a W9 form) may be requested prior to payout to Host. Additionally, a 1099-K may be issued to a Host in certain circumstances.
If you owe or agree to pay any amount via Realstir (whether as a result of your bookings or actions as a Guest or otherwise), then Realstir may (but is not obliged to) withhold the amount owing to Realstir from any payout amounts due to you as a Host, and use the withheld amount to set-off the amount owed by you to Realstir. If Realstir does so, then your obligation to pay Realstir will be extinguished to the extent of the amount withheld by Realstir, and Realstir will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargeback’s on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargeback’s. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Realstir by you. Such communication may be made by Realstir or by anyone on its behalf, including but not limited to a third party collection agent.
Appointment of Realstir as Limited Payment Collection Agent for Host
Each Host hereby appoints Realstir as the Host's limited payment collection agent solely for the purpose of accepting the Accommodation Fees from Guests.
Each Host agrees that payment made by a Guest through Realstir, shall be considered the same as a payment made directly to the Host, and the Host will make the Accommodation available to the Guest in the agreed-upon manner as if the Host has received the Accommodation Fees. Each Host agrees that Realstir may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the booking and (ii) refund (via Realstir) to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy. Each Host understands that as Realstir accepts payments from Guests as the Host's limited payment collection agent and that Realstir’s obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. Realstir does not guarantee payments to Hosts for amounts that have not been successfully received by Realstir from Guests. In accepting appointment as the limited authorized agent of the Host, Realstir assumes no liability for any acts or omissions of the Host.
Please note that Realstir does not currently charge fees for the advertising of Listings as Try Before You Buy (TBYB). However, you as a Host acknowledge and agree that Realstir reserves the right, in its sole discretion, to charge you for and collect fees from you for the advertising of Listings as TBYB. Please note that Realstir will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Guests
The Hosts, not Realstir, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site, Application and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host. You acknowledge and agree that you, and not Realstir, will be responsible for performing the obligations of any such agreements, that Realstir is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Realstir disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Realstir is not a party to the agreement between you and the Host, Realstir acts as the Host's payment collection agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of the Total Fees to Realstir, your payment obligation to the Host for the Accommodation Fees is extinguished, and Realstir is responsible for remitting the Accommodation Fees (less the Host Fees), the Host is responsible for paying any or all taxes (including transient occupancy taxes) associated with the Booking. In the event that Realstir does not remit any such amounts as described in these Terms, such Host will have recourse against Realstir.
You as a Guest agree to pay Realstir for the Total Fees for any booking requested in connection with your Realstir Account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host's confirmation of your requested booking, you understand and agree that Realstir, on behalf of the Host, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1) to verify your credit card. As a general rule, Realstir will collect the Total Fees due once Realstir receives confirmation of your booking from the applicable Host; if necessary, Total Fees may instead be collected at a later point. Please note that Realstir cannot control any fees that may be charged to a Guest by his or her bank related to Realstir's collection of the Total Fees, and Realstir disclaims all liability in this regard.
In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Realstir or its third-party payment processor(s). You agree to pay Realstir for any confirmed bookings made in connection with your Realstir Account in accordance with these Terms by one of the methods described on the Site or Application, e.g. by credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Realstir. You also authorize Realstir to charge your credit card in the event of damage caused at an Accommodation as contemplated under "Damage to Accommodations" below and for Security Deposits, if applicable. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
Security Deposits
Host may choose to include security deposits in their Listing (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. If a Security Deposit is included in a Listing for a confirmed booking of an Accommodation, then the Security Deposit amount will be charged to the Guest’s credit card at the time the Booking Request is Approved by either party. Within a reasonable time period after the Guest check-out from the Host’s Accommodation, Realstir will also use it commercially reasonable efforts to contact the Host and determine if the Security Deposit can be refunded in full or partially. A Host is entitled to the Security Deposit amount if the host can provide evidence that the Guest’s stay at the Accommodation resulted to Damages that are not covered by Accidental Damage Protection Plan, that Accidental Damage Protection Plan was not elected by the Guest and Damage actually occurred which qualifies as costs typically covered by a Security Deposit. The Host may not impose an unreasonable Security Deposit amount. The Seller will have authorization to issue a partial or full refund of Security Deposit.
If Damage does occur, the Host is required to provide documentary evidence of the Damage which has occurred, evidence of costs associated with the Damage, and an itemized listing of damage description along with damage costs to be provided to the Guest upon non-refund or partial refund of Guest’s Security Deposit by the Seller.
It’s important to note that the Seller is the party responsible for issuing partial and full refunds of Security Deposits. Realsit is authorized by these Terms of Use to act to issue a partial or full refund of Security Deposits if the Host is non-responsive 5 days after the Guest Check-out. Realstir retain the right to modify the amount of Security Deposit to be issued to the Guest in instances of dispute between the Host and the Guest at all times.
Security Deposits may only be used for the following purposes:
Refund of Security Deposit
Within reasonable period of time after Guest’s check-out from the Host’s Accommodation, the Host will be required to refund the Security Deposit to the Guest by informing Realstir of the total amount of Security Deposit for which to return to the Guest. If after 5 days, the Host fails to submit a request to Realstir to issue a refund to the Guest for the Security Deposit, then Realstir will attempt to contact the Host, if the Host is non-responsive to Realstir’s communication regarding the Guest Security Deposit, then Realstir is authorized to issue a refund to Guest in the full amount of the Security Deposit under the reasonable assumption that the Accommodation was not damaged by the Guest, in this case, the Host has no re-course against Realstir due to reasonable attempts to reach the Host prior to releasing the Security Deposit. Moreover, if Realstir does release or refund a Guest Security Deposit of any amount, the Host may not then request that Realstir re-charge/re-authorize the Guest’s credit card for any portion of the Security Deposit for any reason. Concurrent with disclosure to Realstir, the Host may submit a claim for “Damages to Accommodation” to the Guest and request that Realstir withhold a portion of the Security Deposit equal to the reasonable costs related to Damages to Accommodation. At the time of Booking, the Guest may elect to purchase Accidental Damage Protection Plan to be insured for costs related to “Damages to Accommodations” prior to check-in.
Accidental Damage Protection Plan without Security Deposit:
If Damage to Accommodation occur during a Guest stay within the Accommodation and the Guest has purchased Accidental Damage Protection Plan, then the Guest or Host may submit a claim through the Accidental Damage Protection Plan. The Host and Guest both have an obligation to act in good faith to resolve all Claims and disputes between themselves. In the event that the claim is denied through the Accidental Damage Protection Plan, the Host should communicate with the Guest in order the come to agreement as to who should be responsible for paying for the costs associated with Damage to Accommodation. The Seller is not authorized to request that Realstir charge the Guest’s credit card for the purpose of reimbursement for Damage to Accommodation. The Host is solely responsible for allowing a Guest to reserve the Accommodation without requiring an up-front Security Deposit, and as a result, the Host is advised to communicate with the Guest to resolve any disputes between them, Realstir will not be liable to the Host when a Security Deposit was not Charged because a Security Deposit was not required upfront by the Host.
Rental Damage Protection with Security Deposit
If the Damage to Accommodation occur during the Guest stay within the Accommodation and the Guest has purchased Accidental Damage Protection Plan and provided a Security Deposit, then the Guest or Host may submit a claim through the Accidental Damage Protection Plan. The Accidental Damage Protection Plan offered by CSA Travel will be used as a primary source of payment to repay the Host for the Damage to Accommodation which may have occurred, and the Security Deposit will be used as a secondary source of payment to replay the Host for the Damage to Accommodation, in the event that the Accidental Damage Protection Plan claim is denied for any reason, the Damage to Accommodation exceeds the Maximum benefit allowed by the Accidental Damage Protection Plan. The Host is not authorized to request that Realstir charge the Guest for additional Security Deposit for to be reimbursed for any Damage to Accommodation in excess of the initial Security Deposit amount requested at the time the Booking was Approved. The Host is solely responsible in determine the amount of Security Deposit for his Listing prior to Booking arrangements.
Security Deposit Only
If the Damage to Accommodation occur during the Guest stay within the Accommodation and the Guest has not purchased Accidental Damage Protection Plan, but has provided a Security Deposit, then the Security Deposit will be used as the primary source of payment to repay the Host for the Damage to Accommodation. The Host is not authorized to request that Realstir charge the Guest for additional Security Deposit to be reimbursed for any Damage to Accommodation in excess of the initial Security Deposit amount requested at the time the Booking was Approved. The Host is solely responsible in determine the amount of Security Deposit for his Listing prior to Booking arrangements.
Automatic Refund of Security Deposit
Within reasonable period of time after Guest’s check-out from the Host’s Accommodation, the Host will be required to refund the Security Deposit to the Guest by informing Realstir of the total amount of Security Deposit for which to return to the Guest. If after 5 days, the Host fails to submit a request to Realstir to issue a refund to the Guest for the Security Deposit, then Realstir will attempt to contact the Host, if the Host is non-responsive to Realstir’s communication regarding the Guest Security Deposit, then Realstir is authorized to issue a refund to Guest in the full amount of the Security Deposit under the reasonable assumption that the Accommodation was not damaged by the Guest, in this case, the Host has no re-course against Realstir due to reasonable attempts to reach the Host prior to releasing the Security Deposit. Moreover, if Realstir does release or refund a Guest Security Deposit of any amount, the Host may not then request that Realstir re-charge/re-authorize the Guest’s credit card for any portion of the Security Deposit for any reason. Concurrent with disclosure to Realstir, the Host may submit a claim for “Damages to Accommodation” to the Guest and request that Realstir withhold a portion of the Security Deposit equal to the reasonable costs related to Damages to Accommodation. The Guest may elect to purchase Accidental Damage Protection Plan to be insured for costs related to “Damages to Accommodations” prior to check-in.
Service Fees
In consideration for the use of Realstir's online marketplace and platform, Realstir charges both a Guest Fee and a Host Fee (collectively referred to as Service Fee). Realstir collects the Guest Fee from the Guest based upon the Accommodation Fee (i.e. Nightly Rate plus Cleaning Fee’s), and deducts the Host Fee from the Accommodation Fee before remitting the balance to the Host as described in these Terms.
Below is a simple example:
$100 nightly rate x 3 days = $300
$10/day cleaning fee x 3 days = $30
Guest Fee = $33.00 (non-refundable)
Guest Payment = $363.00
Host Receives = $330 - $33 (Host Fee) = $297
Balance for the Approved Booking will be remitted by Realstir to Hosts via check within 30 days of Guest’s departure.
Except as otherwise provided herein, Service Fees (Host Fee’s and Guest Fee’s) are non-refundable.
Service Fees
Cancellations and Refunds
Cancellation by Guest prior to Booking Approval
If, as a Guest, you cancel your Pending Booking Request before the requested booking is confirmed by a Host, Realstir will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the Pending Booking Request within a commercially reasonable time.
Cancellation by Guest After Booking is Approved
If, as a Guest, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Accommodation Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. The Guest Fee is non-refundable regardless of the cancellation policy selected by the Host. Accidental Damage Protection Plan Fee’s are always refundable, if cancellation does occur, then Realstir will refund the Guest credit card for the Accidental Damage Protection Plan Fees paid by the Guest.
Moderate Cancellation Policy (Moderate)
Moderate will allow the Guest to cancel up to 24 hours prior to the date of arrival and refund 100% of the Accommodation Fee’s. As noted above, The Guest Fee is non-refundable regardless of the cancellation policy selected by the Host. The cleaning fee is always refunded if the Guest did not check-in. The security deposit fee is always refunded if the Guest did not check-in. The Accidental Damage Protection Plan is always refundable if the Guest did not check-in. Realstir will mediate when necessary, and has the final say in all disputes.
Strict Cancellation Policy (Strict)
Strict Policy is a non-refundable policy where the Guest has up to 24 hours of the booking date (wherein the Booking is approved) to cancel, otherwise, the Guest is not able to make a cancellation, in which case, the Accommodation Fee’s and Guest Fee’s provided by the Guest will not be refunded. The security deposit fee is always refunded if the Guest did not check-in. The Rental Damage Protection plan is always refundable if the Guest did not check-in. Realstir will mediate when necessary, and has the final say in all disputes.
Cancellation by Host
If a Host cancels a confirmed booking made via the Site, Services, and Application, (i) Realstir will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from Realstir containing alternative Listings or other related information. If a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from Realstir, please contact Realstir at TBYB@realstir.com
If, as a Host, you cancel a confirmed booking, you agree that Realstir may apply penalties or consequences to you or your Listing, including (i) imposing a cancellation fee (to be withheld from your future payouts), (ii) disallow TBYB rental of your Listing, or (iii) terminating your Membership Account with Realstir, or other penalties as my be prescribed by Realstir. You will be notified of the situations in which a cancellation fee, which may be equal to the calculated Host Fee for a confirmed booking, applies before you decide to cancel.
Cancellation by Realstir
In certain circumstances, Realstir may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. Realstir may also determine, in its sole discretion, to refund to the Guest part or all of the amounts charged to the Guest. You agree that Realstir and the relevant Guest or Host will not have any liability for such cancellations or refunds. If Realstir decides to cancel a confirmed booking, then the Guest will be refunded all fees paid and the Host will not be entitled to any payment.
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Taxes
Tax regulations may require us to collect appropriate tax information from our Hosts, or to withhold taxes from payouts to Hosts, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W-9 from our US Hosts, and an appropriate IRS Form W-8 (e.g. Form W-8BEN) from non-US hosts with at least one Listing in the US. You as a Host are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Host fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you (e.g. where you are a US Host and you fail to provide us with a completed IRS Form W-9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Realstir cannot and does not offer Tax-related advice to any Members.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your Accommodation is located may require Taxes to be collected from Guests or Hosts on the amount paid for the right to use and/or occupancy of accommodations, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the rent or Accommodation Fees set by Hosts, a set amount per day, or other variations, and are sometimes called "occupancy taxes," "hotel taxes," "lodging taxes," "transient taxes," "sales and use taxes," "value added taxes," "room taxes" or "tourist taxes" (hereafter, "Occupancy Taxes").
Occupancy Tax Collection and Remittance
Realstir does not collect or remit Occupancy Taxes to any Tax Authority. Hosts are obligated for collecting and remitting a percentage of the Accommodations Fee’s to appropriate Tax Authority in accordance with law in the jurisdiction where the Accommodations is located.
You expressly agree to release, defend, indemnify, and hold Realstir and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Occupancy Taxes, including, without limitation, the applicability of, calculation, collection or remittance of Occupancy Taxes in any amount or at all as to your transactions or Accommodations.
Miscellaneous Occupancy Tax Provisions
Guests and Hosts agree that we may seek additional amounts from You in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Realstir from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
In any jurisdiction Hosts and Guests remain solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations.
Damage to Accommodations
As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation. In the event that a Host claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Realstir Account. Realstir also reserves the right to charge the credit card on file in your Realstir Account, or otherwise collect payment from you and pursue any avenues available to Realstir in this regard, including using Security Deposits, in situations in which you have been determined, in Realstir's sole discretion, to have damaged any Accommodation. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to the applicable Host or to Realstir (if applicable).
Both Guests and Hosts agree to cooperate with and assist Realstir in good faith, and to provide Realstir with such information and take such actions as may be reasonably requested by Realstir, in connection with any complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation or with respect to any investigation undertaken by Realstir or a representative of Realstir regarding use or abuse of the Site, Application or the Services.
If you are a Guest or a Host, you understand and agree that Realstir may make a claim under your homeowner's, renter's or other insurance policy 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 agree to cooperate with and assist Realstir in good faith, and to provide Realstir with such information as may be reasonably requested by Realstir, in order to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as Realstir may reasonably request to assist Realstir in accomplishing the foregoing.
Overstaying without the Host's Consent
Guests agree that a confirmed reservation is merely a license granted by the Host to the Guest to enter and use the Listing for the limited duration of the confirmed reservation and in accordance with the Guest's agreement with the Host. Guests further agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between the Host and Guest. If a Guest stays past the agreed upon checkout time without the Host's consent, they no longer have a license to stay in the Listing and the Host is entitled to make the Guest leave. In addition, Guests agree that the Host can charge the Guest, for each 24 hour period that the Guest stays over the agreed period without the Host's consent, an additional nightly fee of two times the average nightly Accommodation Fee originally paid by the Guest to cover the inconvenience suffered by the Host, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Host to make the Guest leave (collectively, "Additional Sums"). Guests agree that Realstir, in its role as limited collection agent for the Host, shall charge the Guest's credit card or other payment methods it has on file to collect these Additional Sums. In addition, Realstir may recover any costs and expenses it incurs in collecting the Additional Sums by charging the Guest's credit card or other payment method on file.
User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
Realstir has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Realstir may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Realstir or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Realstir, its users, or members of the public. You acknowledge that Realstir has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Realstir reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Realstir, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
Privacy
You agree that Realstir's Privacy Policy (as may be updated from time to time) governs Realstir's collection and use of your personal information.
Suspension, Termination and Realstir Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Realstir Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Realstir Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your Realstir Account, your Member Content, or receive assistance from Realstir Customer Service, (b) any pending or accepted future bookings as either Host or Guest will be immediately terminated, (c) we may communicate to your Guests or Hosts that a potential or confirmed booking has been cancelled, (d) we may refund your Guests in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Guests to inform them about potential alternate Accommodations with other Hosts that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Realstir Account. You may cancel your Realstir Account at any time by sending us an email. Please note that if your Realstir Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services.
Disclaimers and Limitations
Realstir intends that the information contained in its Service be accurate and reliable; however, errors sometimes occur. In addition, Realstir may make changes and improvements to the information provided herein at any time. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." REALSTIR AND/OR ITS SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF REALSTIR’S SERVICE IS AT YOUR OWN RISK. REALSTIR AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF REALSTIR’S WEBSITE OR SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH REALSTIR, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF REALSTIR AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE REALSTIR HOST GUARANTEE, IN NO EVENT WILL REALSTIR'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY REALSTIR TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN REALSTIR AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to release, defend, indemnify, and hold Realstir 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 (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, or (iii) Claiming of a Listing; (d) the use, condition or rental of 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 rental, booking or use of a Accommodation.
Reporting Misconduct
If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Realstir by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Terms of Service
Realstir’s Terms of Service are incorporated by reference in its entirety.
Realstir’s Privacy Policy is incorporated by reference in its entirety.
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Realstir and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Accommodations made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Realstir and you regarding bookings or listings of Accommodations, the Site, Application, Services, and Collective Content.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Realstir's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Realstir may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Realstir (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
You agree that: (i) the Service shall be deemed solely based in California; and (ii) this Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over Realstir, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state court located in San Diego, California or the United States District Court for the Southern District of California, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above. These Terms of Use, together with the Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and us concerning this Service and supersedes any prior written or oral representations. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND REALSTIR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms of Service may not be transferred or assigned by you, but may be assigned by Realstir without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to Realstir.
Dispute Resolution
Any claim or controversy arising out of or relating to the use of Realstir’s Service, to the goods or services provided by Realstir, or to any acts or omissions for which you may contend Realstir is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in San Diego, California, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator under the Commercial Arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of the State of California, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each part shall bear its own costs and attorneys’ fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in California. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND REALSTIR WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND REALSTIR ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Realstir otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Realstir must be addressed to our agent for notice and sent via certified mail to: Agent of Realstir, Inc., 5404 Napa Street San Diego, CA 92129
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
Updated on January 14, 2016
