Pillow - Terms of Service

LAST MODIFIED: AUGUST 26TH, 2016

Introduction

Pillow, Inc. ("Pillow") provides value-added services to hosts and guests who have arranged the use of residential and other property principally through third party booking agents and hosting platforms. These Terms of Service (these "Terms") constitute an agreement between Pillow and the users (each a "User") of Pillow's website, mobile applications and services (collectively, the "Site" and the "Services"). Pillow is sometimes referred to herein as "we," "us," or "our" and the User is sometimes referred to as "you," "your," "host," or "guest."

Certain areas of the Site and Services (and your access to or use of certain Content (as defined below)) 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, Services or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR CLICKING "ACCEPT" OR "AGREE" TO THESE TERMS, WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SERVICES, (1) YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AS PUBLISHED FROM TIME TO TIME AT WWW.PILLOW.COM, (2) YOU REPRESENT THAT YOU ARE OF LEGAL AGE AND NOT PROHIBITED BY LAW FROM ACCESSING OR USING THE SERVICES, (3) YOU AGREE TO BE BOUND BY THE TERMS OF OUR PRIVACY POLICY AT WWW.PILLOW.COM/PRIVACY, WHICH EXPLAINS HOW WE USE YOUR PERSONAL INFORMATION, (4) YOU AGREE THAT YOU ARE IN COMPLIANCE WITH ALL APPLICABLE TERMS OF SERVICE FOR THIRD PARTY PLATFORMS RELATED TO YOUR USE OF THE SERVICES AND (5) YOU AGREE THAT YOU ARE IN COMPLIANCE WITH ALL LAWS AND REGULATIONS APPLICABLE TO YOU.

If you accept these Terms, you represent that you have the capacity to be bound by them. 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.

Key Terms

"Accommodation" means a residential or other property that is rented from a Host by a Guest.

"Authorized Tenant" means a non-owner Host that has the authority to rent an Accommodation.

"Guest" means a Member who uses the Services in connection with its rental of an Accommodation from a Host principally through a Third Party Platform.

"Contractor"means a User and Member (as defined below) who uses the Pillow Platform to claim and perform Services on behalf of the Guest, Host, or Pillow.

"Host" means a Member who is an owner or Authorized Tenant of an Accommodation and who is using the Services in connection with the listing and rental of an Accommodation principally through a Third Party Platform.

"Member" means a person who completes the account registration process, including without limitation Hosts and Guests, as described under "Registration" below.

"Third Party Platform" means a third party booking agent or hosting platform that connects Hosts who have Accommodations to rent with Guests seeking to rent Accommodations.

How the Site and Services Work

Pillow provides value-added Services to Hosts and Guests who have arranged the use of Accommodations principally through Third Party Platforms.

Hosts: Pillow provides Services to Hosts that register on the Site. Pillow assists Hosts with preparing and properly marketing their Accommodations, including suggesting an optimal price for the listing of an Accommodation. Pillow helps Hosts by interacting with potential guests to answer questions and arrange a stay. Pillow may also arrange Pillow’s Contractors to provide guest management services before, during and after the Guests stay, including scheduling professional cleanings and handling unexpected events such as lockouts. Pillow also provides a centralized dashboard on the Site to Hosts to set preferences, listing terms and to monitor and manage their listings. Pillow also may assist Hosts with marketing their listings by publishing listings on multiple Third Party Platforms. In addition to these Terms, Hosts are subject to the Host Services Agreement, which is incorporated into these Terms.

Guests: Pillow may provide Services to Guests that have responded to a Host's posting on a Third Party Platform. Pillow or its third party vendors may assist guests or potential guests with questions regarding a listing or booking for a Guest's Accommodation, communicate with Guests regarding arrival and departure and provide Guest support. Pillow may also offer and arrange value-added services for Guests, such as concierge and ticketing services, from Pillow or Pillow's Contractors. In addition to these Terms, Guests are subject to the Guest Rules and Guest Services Agreement, which are incorporated into these Terms.

Contractors:Pillow also provides its platform for Contractors to claim and execute services for the Hosts and the benefit of the Guests, such as cleanings, maintenance, key management, and property assessments. Contractors are subject to the Contractors Agreement, which is incorporated into these Terms.

Pillow solely provides services to Hosts and Guests to facilitate a booking transaction between Host and Guest. Unless explicitly stated otherwise herein, Pillow's responsibilities are limited to (1) assisting Hosts with optimizing the listing and booking of Accommodations and (2) providing Guest support services.

Pillow further solely provides its platform to Contractors to facilitate the provision of services to the Hosts. Pillow's responsibilities are limited to (1) generating Jobs (as defined in the Contractor's Agreement) for Contractors and (2) assisting Contractors with booking the Jobs via Pillow's platform. In accordance with these Terms, you understand and agree that (1) Pillow is not a real estate broker, agent, insurer, booking agent or hosting platform, nor is it an owner or provider of Accommodations, transportation, travel services or other services provided by third parties through the Site or Service; (2) Pillow is not a party to any agreement between a Third Party Platform and a Host, Guest, Contractor or any agreement between a Host and a Guest; (3) Pillow does not and cannot control the content contained in any listing or the condition, legality or suitability of any Accommodations; (4) Pillow is not responsible for the compliance with any laws by you or any Third Party Platform; (5) Pillow has no control over the conduct of Hosts, Guests, Contractors and other uses of the Services or any Accommodations; and (6) as set forth in the Section entitled "Liability Limitations", Pillow is not responsible for and disclaims any and all liability related to any and all listings and Accommodations to the maximum extent permitted by law. Bookings will be made at the Host's and Guest's own risk.

The Host Services Agreement, Guest Rules and Guest Services Agreement and Contractors Agreement may be updated from time to time at our discretion and changes will be effective upon posting them. A copy of the Host Services Agreement, Guest Rules and Guest Services Agreement and Contractors Agreement can be found below.

Eligibility

The Site, Services and Content are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.

Pursuant to 47 U.S.C. Section 230(d), we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us.

License to Site and Services

Subject to your compliance with the terms and conditions of these Terms, provided you are registered to use the Site and Services, Pillow hereby grants to you a non-exclusive, non-transferable, terminable license to the Site and Services, in object code form only, to be used solely for your own internal business purposes and only for the purposes for which the Site and Services were intended. You may permit your employees, consultants, or other authorized users to access and use the Site and Services on behalf of and for your benefit.

Application License

These Terms apply to your use of the Site and Services, including the [iPhone, iPad Touch, and iPad] applications available via the Apple, Inc. ("Apple") App Store (the "Application"), but the following additional terms also apply to the Application:

  1. Both you and Pillow acknowledge that the Terms are concluded between you and Pillow only, and not with Apple, and that Apple is not responsible for the Application or the Content;
  2. The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
  3. You will only use the Application in connection with an Apple device that you own or control;
  4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
  5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
  6. You acknowledge and agree that Pillow, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
  7. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Pillow, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
  8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
  9. Both you and Pillow acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
  10. Both you and Pillow acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

Modification

Pillow reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or through the Services or provide you with notice of the modification. We will also update the "Last modified" date at the top of these Terms. By continuing to access or use the Site or the Services after we have posted a modification on the Site or through the Services 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 and the Services.

Registration and Communication

Registration with the Site is currently free; however we reserve the right to levy registration fees in the future. In order to become a registered User you will have to provide some basic personal information. Certain services and functionality will only be available to registered Users or registered Members.

You agree that all information supplied upon registration is true and accurate and will be kept up to date at all times. We will use the information provided to us to contact you.

You may not have more than one registration and we reserve the right at our discretion to delete or cancel the membership of any person who in our opinion possesses more than one registration at any time.

You are not entitled to allow any other person to use your registration. You may not impersonate any other person in any registration whether or not that other person is a user of the Site or the Services.

We request that all information included in your registration or member profile is accurate, current and complete. All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these Terms you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing. Personal information that you supply to us will not be disclosed by us to any third party save in accordance with our Privacy Policy. You agree that we may use the personal information supplied by you in accordance with our Privacy Policy.

Privacy

Pillow is committed to protecting your privacy. Our use of your personal information is governed by the terms of our Privacy Policy, which is incorporated into these Terms. The Privacy Policy may be updated from time to time at our discretion and changes will be effective upon our posting them to www.pillow.com/privacy. A copy of the Privacy Policy can be found at www.pillow.com/privacy.

By using the Services, you agree that Pillow may collect and use technical data and related information, including but not limited to technical information about your device, system, application software and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any).

Use and General Prohibitions

The Services and Pillow Content are offered solely for a User's personal use and for the purposes described in these Terms. Any and all other uses are prohibited. Pillow expressly reserves all its rights and remedies under applicable state and federal laws. Pillow reserves the right, in its sole discretion, to refuse service, terminate memberships, remove or edit content, cancel reservations, or deny access to the Services.

Any information published by you on the Site will be your personal responsibility. You will be personally liable for claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your content. You may not publish any offensive, inaccurate, misleading, defamatory, fraudulent, or illegal content. If any such content is published by you or if in our opinion any content is published by you which damages our goodwill or the goodwill attaching to the Site we reserve the right at our discretion and without notice to take such action as we deem necessary including removing the content from the Site and terminating your membership.

In the event that you are informed that you will no longer be entitled to access the services you will not be entitled to register again and you will no longer have permission to use the Site.

You agree not to (and not to allow any third party to):

  1. Reproduce, duplicate, copy, sell, resell, visit or otherwise exploit the Site, or any portion thereof, for any commercial purpose without our express written consent.
  2. Attempt to access or search the Site, Services or Pillow Content or download Pillow Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Pillow or other generally available third party web browsers.
  3. Use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or Pillow Content, except as expressly authorized by Pillow.
  4. Rent, lease, copy, provide access to or sublicense any portion of the Services or Pillow Content to a third party.
  5. Reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Pillow).
  6. Modify any Services or Pillow Content or create any derivative product from any of the foregoing.
  7. Remove or obscure any proprietary or other notices contained in the Services or Pillow Content.
  8. Publicly disseminate information regarding the performance of the Services or Pillow Content or access or use the Services or Pillow Content for competitive analysis or benchmarking purposes.
  9. Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) promotes illegal or harmful activities or substances; or (viii) is inaccurate or untrue.
  10. Collect or store any personally identifiable information from the Site or Services from other Members of the Site or Services without their express permission.
  11. Impersonate or misrepresent your affiliation with any person or entity.
  12. Interfere with, or attempt to interfere with, the access of any Member, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services.
  13. Use the Services or Pillow Content for any illegal purpose.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS OF THE SITE AND SERVICES AND YOU WILL EXERCISE CAUTION, DISCRETION, COMMON SENSE AND JUDGMENT IN, USING THE SITE OR SERVICES AND DISCLOSING PERSONAL INFORMATION TO MEMBERS AND Pillow. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET WITH ANY SUCH MEMBERS IN PERSON. YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK AND DISCRETION AND Pillow HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU OR ANY THIRD PARTY RELATING THERETO.

Pillow IS NOT RESPONSIBLE, AND DISCLAIMS ALL RESPONSIBILITY, FOR THE USE OR EXCHANGE OF ANY INFORMATION AMONG MEMBERS. Pillow IS NOT RESPONSIBLE FOR ANY DAMAGE OR DESTRUCTION TO ANY ACCOMMODATION, DAMAGE TO PERSONAL PROPERTY OR PERSONAL INJURY TO A HOST, GUEST OR CONTRACTOR AND ITS SUBCONTRACTORS, EMPLOYEES, AGENTS OR OTHER PERSONNEL.

Advertising and Commercial Use

Users of the Site are not entitled to directly advertise to or solicit the custom of other users without our express written consent.

You are not entitled to resell or commercially exploit the Site's contents other than content you have posted. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect user names, e-mail addresses or any other data for the purposes of sending unsolicited e-mail or for any other use.

In the event that you are found by us to have been sending unsolicited e-mail to our users in contravention of the Privacy and Electronic Communications Regulations 2003 having taken their address from our Site then we reserve the right to terminate without notice your use of the Site without limiting any other rights and remedies we may have.

Marketing and Promotions

Pillow reserves the right to modify the terms and conditions that govern any and all of the promotional offers sent via any channel without notice. Restrictions with respect to the validity and eligibility to any and all of the aforementioned promotional offers may apply and are subject to change without notice.

Availability

Pillow will use reasonable efforts to make the Services available at all times. However you acknowledge the Services are provided over the internet and mobile networks and so the quality and availability of the Services may be affected by factors outside Pillow's reasonable control. Pillow does not accept any responsibility whatsoever for unavailability of the Services, or any difficulty or inability to download or access content or any other communication system failure which may result in the Services being unavailable. From time to time it may be necessary to suspend access to the Site for a period of time and any such interruptions shall not constitute a breach by us of these terms. We may make changes to the format of the Site, Services provided or to the Site's content at any time without notice.

Technical Requirements

Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. Pillow does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers.

Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK.NEITHER WE NOR OUR AFFILIATED COMPANIES NOR ANY OF OUR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE "Pillow PARTIES") WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES, ACCOMMODATIONS OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF WARRANTY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

Liability Limitations

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND SERVICES REMAINS WITH YOU. WE AND THE Pillow PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, INCLUDING WITHOUT LIMITATION THIRD PARTY PLATFORMS, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL WE, THE Pillow PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER WE NOR THE Pillow PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE,INCLUDING, WITHOUT LIMITATION, PRICING OR AVAILABILITY INFORMATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.

NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF WE AND THE Pillow PARTIES TO YOU OR ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SITE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU SHOULD CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

Indemnity

You agree to defend, indemnify, hold harmless Pillow, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders from and against all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) your access to or use of the Site and Services, (2) any Member Content submitted by you and (3) any breach or alleged breach by you of these Terms.

Term and Termination

This Agreement is effective from the first date you use the Site and Services. On receipt of an email by you to us cancelling your registration then we will terminate your registration within 30 days. Pillow may terminate or revise these terms at any time with or without notice. The provisions and all obligations of and restrictions on you and any User with respect to the Services shall survive any termination of these Terms.

You agree that Pillow, in its sole and absolute discretion, may terminate your account (or any part thereof) or your use of the Service, for any reason, including for lack of use or if Pillow believes that you have violated or acted inconsistently with the spirit of these Terms. Pillow may, also, in its sole and absolute discretion, and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and you acknowledge and agree that Pillow may immediately deactivate or delete your account and all related information and files in your account and prohibit any further access to all files or the Services by you; however, we do not guarantee that any information posted by you will be deleted from the Site. Further, you agree that Pillow shall not be liable to you or any third party for any termination of your access to the Services.

Intellectual Property Rights

The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the "Pillow Content") are provided to User by Pillow or its partners or licensors solely to support User's permitted use of the Services. The Pillow Content may be modified from time to time by Pillow in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or Pillow Content by User shall constitute a material breach of this Agreement. Pillow and its partners or licensors retain all rights in the Services and Pillow Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Pillow or any third party is granted under this Agreement. As a Member, you may post, upload, publish, submit or transmit text, graphics, images, information or other materials to be made available through the Site and Services ("Member Content", together with Pillow Content, the "Content"). By making available any Member Content through the Site and Services, you hereby grant to Pillow a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Member Content only on, through or by means of the Site and the Services. Pillow does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Pillow the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or any other person's use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not screen Member Content (including content relating to Accommodations or other information posted by Hosts or Guests) or information on the Site and we cannot give any assurance as to its accuracy or completeness. Users of this Site are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content is contrary to our policy. We do not accept liability in respect of such content. The user responsible will be personally liable for any damages or other liability arising from such content and you agree to indemnify us in relation to any liability we may suffer as a result of any such content.

The Site may include links to other web sites or material which are beyond its control. We are not responsible for content on any site outside the Site.

Copyright Policy

Pillow respects the intellectual property rights of third parties. If you are a copyright owner or an agent thereof and believe that any of the Services or any content infringes upon your copyrights, you may notify our copyright agent in writing pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA"). The contact information for our copyright agent is at the bottom of this Section.

In order for us to take action, your notice must include the following information:

  1. Identify the copyrighted work that you believe is being infringed;
  2. Identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;
  3. Provide us with your full name, mailing address, telephone number and email address;
  4. Provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services;
  5. Provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed; and
  6. Provide your physical or electronic signature.

Our designated copyright agent to receive notifications of claimed infringement is:

Pillow DMCA Complaint
580 Market Street
San Francisco CA 94104

Email:unicorn@pillow.com

Only DMCA notices should go to the copyright agent. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. We suggest that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA. Any other feedback, comments, requests for technical support, and other communications should be directed to our customer service. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Notice

Any notices or other communications permitted or required hereunder by Pillow, including those regarding modification of these Terms, will be in writing and given by Pillow (1) via email (in each case to the address that you provide) or (2) by posting to the Site. Any notices or other communications permitted or required hereunder by the User will be in writing and given by the User via email to info@pillow.com. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. For notices made by posting, the date of receipt will be deemed the date on which such notice is posted.

Governing Law and Compliance with Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

Your use of the Services may also be subject to other local, state, national and international laws. For example, some jurisdictions have laws that prohibit or restrict short-term rental of residential dwellings, including single family residences, condominiums and apartments. In certain jurisdictions, Hosts may have to meet certain qualifications, register or obtain a permit or license before listing or renting a residential dwelling. Hosts may also be subject to CC&Rs, bylaws and other agreements that apply to single family residences in some neighborhoods, condominiums and apartment buildings. You may be liable for civil and criminal penalties for the violations of these laws and regulations. You are encouraged to review local, state and Federal laws and regulations applicable to you and consult with an attorney prior to listing an Accommodation on a Third Party Platform or using the Services. For more information, please refer to our Frequently Asked Questions, which can be found here.

Dispute Resolution

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) ("Disputes") between you and Pillow or their successors or assigns shall exclusively be settled through binding and confidential arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Pillow are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Pillow otherwise agree in writing, 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. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section and not any state arbitration law.

Notwithstanding anything to the contrary herein, if Pillow changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@Pillow.com) within 30 days of the date such change became effective, as indicated in the "Last modified" date above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Pillow in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General

Waiver. If you breach these Terms and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.

Severability. If any of the provisions, or portions thereof, of these Terms are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, these Terms shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

Assignment. These Terms and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Pillow.

Contact

If you have any questions about these Terms, please contact Pillow.


Pillow - Host Services Agreement

LAST MODIFIED: AUGUST 26TH, 2016

This Agreement is entered into between you (the "Host", "you" or "your") and Pillow Inc., a Delaware corporation ("Pillow", "we", "us" or "our"), under which Pillow will provide certain services to you with respect to the listing and rental of your Accommodation.

By accepting the terms hereof, you acknowledge that you have read, understand and agree to comply with and be bound by Pillow's Terms of Service (the "Terms"), as published from time to time at www.pillow.com, into which this Agreement is incorporated. Capitalized terms used in this Agreement but not defined herein have the meanings assigned to them in the Terms.

As set forth in the Terms, Pillow reserves the right, at its sole discretion, to modify, discontinue or terminate any Host Services, at any time and without prior notice. If we modify the Host Services or this Agreement, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last modified" date at the top of this Agreement. By continuing to use Host Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms of this Agreement. If the modified terms of this Agreement are not acceptable to you, your only recourse is to cease using the Site and Host Services.

Pillow Host Services

The following services ("Host Services") will be provided by Pillow to a Host that registers on the Site:

  1. Listing Assistance. Pillow will assist the Host with creating and optimizing the listing of an Accommodation on one or more Third Party Platforms ("Listing"). Pillow's Listing services may include a recommendation regarding the optimal price for a listing. Host acknowledges and agrees that Host is responsible for the accuracy of all Listing information.
  2. Guest Selection. Pillow will assist the Host with screening and selecting potential guests. Host acknowledges and agrees that the Host is solely responsible for selecting Guests. If a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement that you enter into with a Guest is between you and the Guest. Host acknowledges and agrees that Pillow is not your agent and will not negotiate or execute agreements with Guests on behalf of the Host. Pillow will not be a party to any agreement between Hosts and Guests.
  3. Dashboard Reporting. Pillow will provide a dashboard to Hosts on its Site to review certain information relating to its Accommodation, such as a calendar of selected and available dates, Guest information and Listing revenue.
  4. Guest Communication.Pillow will receive and attempt to communicate with potential guests to provide information about a Listing and resolve questions and complaints. Pillow will also attempt to communicate with Guests prior to, during and after their stay to assist Hosts and Guests with a smooth stay. As reasonably necessary, Pillow will assist Hosts and Guests with unexpected events such as lockouts.
  5. Routine Maintenance Pillow will perform routine maintenance on the property as it sees fit. Pillow will automatically resolve all maintenance issues that are quoted below the Host’s maintenance preapproval limit. By default the maintenance preapproval limit is set at $250, Hosts have the ability to set this as high as $1500.
  6. Routine Cleaning.Pillow will provide cleaning services for Accommodations after the completion of a stay.
  7. Remittance of Funds. It is not expected that Pillow will collect or receive funds on behalf of Hosts. If Pillow receives any funds from Guests, to which a Host is entitled under its agreement with a Guest, as soon as practicable after receipt, Pillow will remit the funds to the Host, minus any fees payable by Host to Pillow.
  8. Airbnb Resolution HandlingFrom time to time Pillow may add itself on the Host’s listing platform account as a trusted contact to resolve issues, on behalf of the owner, where Pillow is at fault. It is at Pillow’s full discretion to decide participation in the event of a resolution on the Host’s listing platform.
  9. Guaranty Offering. Pillow may offer the Host a Reservation Guaranty. For the purposes of this Agreement, a "Reservation Guaranty" is a guaranty by Pillow that an Accommodation will generate a certain amount of revenue during a certain period of time. If the Host selects the Reservation Guaranty, the Host hereby agrees to accept any Listing price or Listing terms required by Pillow. The Reservation Guaranty program may have different terms and conditions for which you may be required to agree in order to accept the Reservation Guaranty
  10. Booking.com. In the event that the Guest’s reservation on Pillow’s Platform takes place via Booking.com, the following special rules/policies apply:
    • Booking.com’s Fee. Booking.com’s reservation fee is 12% and is charged in addition to Pillow’s Reservation Fee (as defined below). Pillow retains the right to increase the Host’s booking rate upward in order to compensate the Host for Booking.com’s higher reservation fee. The Host agrees that such increase falls within Pillow’s absolute discretion and that the Host has no right to such increase due to Booking.com’s higher reservation fee.
    • Payment Process. Pillow collects the Accommodation Payment and pays it out to the Host via the Automated Clearing House (ACH), following a deduction of Pillow’s Reservation Fee and Booking.com’s reservation fee. Payments are processed via the ACH at 11am Pacific Time Zone, the day after the Guest checks out. Payout is dependent on the Host’s billing schedule, which is adjustable on the Pillow Owner Dashboard.
    • Cancellation Policy. In the event that Host has to cancel a Booking.com reservation that is made via Pillow, Booking.com will seek alternative accommodation for the Guest at the Host’s expense. Host is solely and fully liable for all fees, costs, penalties and other expenses (including without limitation, all costs of securing alternative accommodation for the Guests) associated with the Host’s cancellation of any Booking.com reservations made through Pillow. Pillow is not responsible nor liable in any way for any fees, costs, penalties or other expenses associated with Host’s cancellation. Pillow does not charge any additional fees and/or penalties for Host’s cancellation of Booking.com’s reservation apart from Booking.com’s cancellation fees if any. Pillow will cooperate with the Host and Booking.com in order to facilitate the transition to an alternative accommodation following a Host’s cancellation. Please visit Booking.com’s Terms of Use here for more information regarding Booking.com’s terms, cancellation fees and process.

Host acknowledges and agrees that Pillow may provide the Services through one or more third party vendors in its sole discretion. Pillow agrees to provide the Services is timely and professional manner in accordance with this Agreement, but Pillow makes no warranties of any kind, express or implied, with respect to the Services to be provided hereunder. This Agreement is subject to the limitations of liability set forth in the Terms.

You acknowledge and agree that you are responsible for any and all Listings. Pillow assumes no responsibility for a Host's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.

Some jurisdictions have laws that prohibit or restrict short-term rental of residential dwellings, including single family residences, condominiums and apartments. In certain jurisdictions, Hosts may have to meet certain qualifications, register or obtain a permit or license before listing or renting a residential dwelling. Hosts may also be subject to CC&Rs, bylaws and other agreements that apply to single family residences in some neighborhoods, condominiums and apartment buildings. You may be liable for civil and criminal penalties for the violations of these laws and regulations. You are encouraged to review local, state and federal laws and regulations applicable to you and consult with an attorney prior to listing an Accommodation on a Third Party Platform or using the Services. For more information, please refer to our Frequently Asked Questions, which can be found here.

In connection with the Services, you agree that you will do the following:

  1. Compliance with Law. You are solely responsible for compliance with all applicable laws and regulations.
  2. Compliance with Agreements. You agree that you will not breach any agreements you have entered into with any third parties, such as Third Party Platforms, homeowners association, condominium, lease or rental agreements.
  3. Third Party Platform.You will use a Third Party Platform for Listings of your Accommodations.
  4. Information in Listings. The information you provide to us and use in Listings on Third Party Platforms will be true and accurate in all respects. You agree that you will be responsible for establishing and maintaining your Listing, including without limitation, selecting the price, updating factual information and providing any required legal disclosure, whether or not any information or pricing was recommended or required by Pillow. While you have the ultimate control of your Listing, you understand that Pillow may request that a Host revise a Listing in accordance with this Agreement. If a host refuses to revise a Listing per the request of Pillow, Pillow may immediately terminate this Agreement and your registration on the Site. Under no circumstances will Pillow have any responsibility for any misstatement, error or omission in any Listing, whether or not Pillow suggested or required such information in a Listing.
  5. Eviction. Pillow will not be responsible for evicting Guests. If any Guest stays beyond the period agreed upon between the Host and the Guest, Host will have the sole responsibility with regards to evicting the guest and any expenses, losses, or damages associated with the guest’s stay beyond the contracted period or any eviction process.
  6. Insurance. Host agrees to carry at his/her own expense property and liability insurance, each in an amount not less than $500,000, naming Pillow, in form and substance reasonably satisfactory to Pillow. Host agrees to furnish Pillow with certificates evidencing the existence of such insurance upon request. Host may be required to obtain and maintain additional insurance in compliance with applicable laws and regulations or under other agreements.
  7. Taxes. Host will be solely responsible for preparing and paying Guest’s own income tax return. Pillow is not responsible for advising Host with respect to taxes owed with regards to the Accommodation or any transactions contemplated by or facilitated by this Agreement.
  8. Routine Maintenance. You are responsible for routine maintenance to the Accommodation. Pillow will have no obligation to notify Host of, or provide any routine maintenance. Host may request that Pillow complete any routine maintenance subject to a separate agreement between the parties regarding the maintenance to be performed and the compensation to be paid in connection therewith. If Pillow notifies Host of maintenance that needs to be performed, Host agrees that it will timely complete such routine maintenance at its sole cost.
  9. Emergency Maintenance. If Pillow believes that emergency maintenance is required to protect or preserve the Accommodation from damage or to maintain services to a Guest, Pillow may, as soon as practicable, arrange for such maintenance to be performed. Any costs incurred by Pillow in connection with providing emergency maintenance will be reimbursed by the Host. Pillow will attempt to communicate with Host regarding the need for emergency maintenance and steps being taken, but in no case will Host be relieved of liabilities incurred pursuant to the performance of emergency maintenance.
  10. Platform Access.For the duration of Pillow management, Homeowner is not permitted access to their Airbnb account to perform any management functions. These management functions include but not limited to; reviewing guest messaging, messaging guests directly, modifying settings, modifying listing details, extending offers, or extending refunds.
  11. Guest RelocationPillow is not responsible for relocating guests. If Pillow is at fault for the need to relocate guests due to a problem that is making the property uninhabitable Pillow will attempt to rectify the problem to avoid relocation. In the event that relocation is necessary, as determined by Pillow, Pillow will communicate with the guest via email to give them an option between an immediate refund on behalf of the owner or additional hotel options.
  12. Safety and Security.Host is responsible for the placement of both Pillow lockboxes on or near their property. It is the Host’s responsibility to make sure that the lockboxes are secured. If the lockboxes are placed off the Host’s property, the host is responsible for getting the proper permission to use that location. Including but not limited to, Pillow is solely responsible for communicating to guests and Pillow vendors for the benefit of access the property. Hosts will not have access to Pillow lockboxes. Hosts should not rely on Pillow for access to their property. In extenuating circumstances, decided upon by Pillow, Pillow will provide the host with temporary access to Pillow.
  13. Firearms. The Host should never under any circumstances store firearms on the property, (including any firearms in a locked closet or safe) or any kind of dangerous weapons that can may cause or inflict serious injury to the Guests or the cleaning personnel.
  14. Owner Interference. In connection with Pillow’s Services, the Owner may not and agrees that he will not:
    • return to or access the property during Guest days;
    • allow friends, family and/or third parties to enter the property during Guest stays;
    • stalk or harass the Guests during the Guest days;
    • interfere in any way with the services of the cleaning personnel, such as turn them away and restrict their access to the property and access the property while the cleaning personnel is performing the cleaning and interfere with the cleaning process;
    • interfere in any way with Pillow’s communications with the Guests, such as communicate in any way with the Guests on behalf of Pillow, change the checkout dates and accept reservations on behalf of Pillow; and/or
    • arrange for construction on or outside the Premises without prior written notification to Pillow at least fifteen (15) days in advance.
Fees
  1. Schedule of Fees. Pillow will post a schedule of fees ("Schedule of Fees") for its Services under this Agreement on the Site. Pillow may modify the Schedule of Fees at any time in accordance with this Agreement and the Terms. By refraining from terminating this Agreement after the Schedule of Fees has been modified, Host is agreement to be bound by the new Schedule of Fees.
  2. Minimum Reservation Fee. In addition to fees set forth in the Schedule of Fees, from time to time, and in its sole discretion, Pillow may charge the Host a minimum reservation fee of $29.00 per reservation.
  3. Additional Pet Fee. In addition to fees set forth in the Schedule of Fees, If the Host permits any Guest to bring pet(s) to the Accommodation, Host agrees to pay Pillow a non-refundable pet fee of up to $40.00 for the extra work involved in the cleaning and other related services related to the pet(s).
  4. Payment of Fees. Host hereby agrees to provide and maintain a current credit card or bank account information with Pillow. Host hereby authorizes Pillow to charge Host's credit card or bank account for any amounts owed by Host to Pillow under this Agreement. Pillow agrees to waive any fees set forth in the Schedule of Fees if it fails to meet the Reservation Guaranty in accordance with the terms of the Reservation Guaranty.
  5. Minimum Deposit. Pillow may, in its sole discretion, maintain a minimum deposit of up to $100.00 from Guest to cover any fees.
  6. Promotional Offers. Guest acknowledges and agrees that any time-based promotional offer, such a one-month free, refers to reservations made during the time period of the promotion. For example, if Pillow agrees that the month of November is free, a reservation that is made in November for a stay in December is not free and thus subject to the Schedule of Fees.
  7. Termination of Host Services Fee. Host agrees to pay any fees for Host Services provided by Pillow, plus a cancellation fee of $100.00, if Host terminates this agreement for any reason prior to renting the Accommodation. If the Host is an Authorized Tenant, Host agrees that the termination fee will be increased to $250.00 and applies if Host terminates this Agreement for any reason prior to completing fifteen (15) reservation at an Accommodation.
  8. Host Booking Cancellation Fees. If the Host is an Authorized Tenant, Host agrees to pay a cancellation fee to Pillow of $25 if the Host cancels a Guest reservation within the time-frame during which a Third Party Platform allows a Guest to cancel the reservation for a full refund. If an Authorized Tenant Host cancels a Guest reservation outside of the time-frame during which a Third Party Platform allows a Guest to cancel the reservation for a full refund, Host Agrees to pay a cancellation fee to Pillow of fifty percent (50%) of the full Listing price up to a maximum of $250.00.
  9. Guest Booking Cancellation Pillow has the following Guest cancellation policy: For any booking cancelled 7 full days prior to listing’s local checkin time on the day of checkin, Pillow will refund 50% of the accommodation fees. No refund will be given If the Guest cancels less than 7 days prior to prescribed checkin date. Cancellations due to extenuating circumstances the Host may approve a refund of greater than 50% of the full listing price. The Guest is responsible for all fees associated with their cancellation to the Host, Pillow, and the booking platform. In the event a refund within the 7 day window occurs, Pillow charges its fee on the entirety of the reservation fees.
  10. Disclosure of Other Fees. Pillow may from time to time, in its sole discretion, provide or arrange services for Guests, including but not limited to equipment rental (cribs, linens, etc.), trip insurance, tenant damage insurance, long distance telephone service, special event bookings and other special services requested by Guests. Host acknowledges and agrees that Pillow may receive additional fees from Guests or third party vendors for arranging such services, and that any such fees shall belong exclusively to Pillow. Pillow may also charge and retain reasonable administrative fees to Guests.
Host’s Representations and Warranties

In addition to the other representations and warranties set forth in this Agreement and in the Terms, Host represents and warrants that:

  1. Host is a legal owner or Authorized Tenant of the Accommodation and has full authority to enter into this Agreement and to use Pillow for the Host Services under the terms of this Agreement.
  2. If Host is an Authorized Tenant, there are no written or oral restrictions on further leasing or subletting the Accommodation that would interfere with the Listing of the Accommodation on a Third Party Platform or otherwise temporarily leasing the Accommodation to Guests, or any other actions contemplated by this Agreement.
  3. To the best of the Host’s knowledge the Accommodation, its construction and operation do not violate any applicable statues, laws, ordinances, rules, regulations, orders, or the like including, but not limited to, those relating to hazardous or toxic substances.
  4. To the best of the Host’s knowledge the building does not contain any toxic substances such as, but not limited to: lead based paint, asbestos, urea, formaldehyde, radon, or other hazardous substances and that no unsafe condition exists except as disclosed in writing at the time of this Agreement.
  5. Host has disclosed the existence of any default of foreclosure notices affecting the property as of the date of this agreement and further agrees to disclose any such notices received hereafter, within five days of the receipt of any such notices.
  6. GUEST HEREBY ACKNOWLEDGES THAT Pillow IS NOT A REAL ESTATE BROKER, AGENT, OR INSURER. Pillow HAS NO CONTROL OVER THE CONDUCT OF GUESTS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
Indemnification

Host agrees to defend, indemnify and hold harmless Pillow, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders ("Indemnitees") from and against all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) the Host Services performed by Pillow under this Agreement other than those arising because of gross negligence or intentional misconduct by Pillow or any of its officers, agents, directors or employees; (2) any damage to or destruction of any property by Guests, any third party, or any terrorism, acts of nature, or acts of God; (3) any injury to or death of any person from any cause whatsoever; (3) any error of judgment by Indemnitees or any mistake of law or fact by Indemnitees; and (4) to the extent not covered by insurance, any alleged violation of any law (statutory, common or otherwise) pertaining to the actions contemplated by this Agreement, including but not limited to environmental protection, rent control, taxes, short-term rental, fair housing, or any other such laws.

Term and Termination
  1. Term. This Agreement is effective from the first date you use the Host Services and will continue until terminated by either party in accordance with this Agreement.
  2. Termination by Cancellation of Registration. The cancellation of your registration on the Site for any reason will automatically terminate this Agreement.
  3. Termination by Notice. Either party to this Agreement may elect to cancel or terminate this Agreement with or without cause by giving seven (7) days’ prior written notice to the other party. If no termination date is specified in the notice, this Agreement shall terminate as of the date which is seven (7) days after the notice is delivered.
  4. Upon Termination. Upon termination of this Agreement by Pillow, Pillow will cease providing any Host Services to the Host on the date of termination. Upon termination of this Agreement by Host, Pillow may continue providing Host Services to the Host for any stays that were booked on or prior to the date of Termination.
Miscellaneous
  1. Successors and Assigns. This Agreement shall benefit Pillow, its successors and any permitted assigns. This Agreement shall not be assignable by Host without the express Pillow, but may be freely transferred, assigned, or delegated by Pillow.
  2. Entire Agreement. This Agreement, and the Terms into which this Agreement is incorporated, set forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all other oral or written representations, marketing information and understandings.
  3. Waiver. If Host breaches any term of this Agreement and Pillow decides to take no action or neglects to do so, then Pillow will still be entitled to take action and enforce our rights and remedies for any other breach.
  4. Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
  5. Relationship of Parties. The parties are independent contractors under this Agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other party.
  6. Relationship of Parties. The parties are independent contractors under this Agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other party.
  7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
  8. Dispute Resolution. Pillow and Host agree to try in good faith to settle the dispute by voluntary mediation before resorting to court action or arbitration. In the event of a dispute between the parties concerning the terms of this Agreement, such dispute shall be resolved as set forth in the Terms.
Pillow - Guest Rules and Services Agreement

LAST MODIFIED: AUGUST 26TH, 2016

This Agreement is entered into between you (the "Guest", "you" or "your") and Pillow Inc., a Delaware corporation ("Pillow", "we", "us" or "our"). This Agreement sets forth certain rules that you must follow in connection with your booking of an Accommodation from a Host (a "Booking").This Agreement also sets forth certain services that we may provide you in connection with your booking of an Accommodation from a Host.

You acknowledge and agree that by using Pillow in connection with your Booking and accepting the terms hereof, you have read, understand and agree to comply with and be bound by the Pillow’s Terms of Service (the "Terms"), as published from time to time at WWW.PILLOW.COM, into which this Agreement is incorporated. Capitalized terms used in this Agreement but not defined herein have the meanings assigned to them in the Terms.

Guest Rules

Guests acknowledge and agree that the Host and Third Party Platform may require you to accept or otherwise agree to terms of service and other agreements in connection with your Booking. In addition to those agreements, Guests must comply with our Guest Rules in connection with a Booking. If there is conflict or discrepancy between any agreement with the Host or a Third Party Platform and these Guest Rules, the Guest Rules will supersede to the extent of such conflict or discrepancy.

You agree to comply with all applicable laws and regulations, and that you will not breach any agreements you have entered into with any third parties, such as Hosts and Third Party Platforms.

Booking Summary

You have received a Booking Summary as a result of your Booking of an Accommodation from a Host that uses the Site. The Host is also subject to the Host Services Agreement, which is part of the Terms.

  1. You and the Host have separately entered into an agreement, under which the Host has issued you a license to occupy the Accommodation during the agreed period ("Booking Period") set out in the Booking Summary. YOU HAVE NOT ENTERED INTO A LEASE. THE LICENSE DOES NOT CONVEY ANY PROPERTY RIGHTS OR INTEREST IN REAL ESTATE AND YOU ARE NOT A TENANT OF THE ACCOMMODATION. YOU HAVE NOT BEEN GRANTED EXCLUSIVE POSSESSION OF THE ACCOMMODATION. This means that you have no right to stay in the Accommodation or to otherwise use or occupy all or any part of such Accommodation after the term set forth in your Booking Summary and have no rights to renewal or recurring usage.
  2. Pillow is not an agent of either the Host or the Guest.
  3. You cannot make any changes to the Accommodation nor can you move or remove any furnishings or other items in or on the Accommodation.
  4. You agree to abide by any rules and restrictions placed on the Accommodation by the Host or Pillow ("House Rules"), which may be modified or supplemented at any time in accordance with this Agreement and the Terms. By refraining from terminating this Agreement and your Booking after modification, Guest agrees to be bound by any such rules and restrictions.
  5. The Booking Summary and House Rules may set forth certain restrictions, including without limitation the maximum number of occupants allowed during your use of the Accommodation, any areas of the Accommodation or items in or on the Accommodation that have been designated "no access" , noise restrictions, or limitations on pets, smoking or other activities at, on or from the Accommodation. Your license to occupy the Accommodation will be subject to immediate termination if you or any parties that occupy the Accommodation during the term of your stay violate any terms of this Agreement, the Guest Rules or any other agreement between you and the Host or Pillow.
Booking and Cancellation
  1. The Booking Summary which you have accepted is not a booking confirmation. The Accommodation will be booked for the Booking Period set forth in the Booking Summary upon your receipt of a confirmation of Booking ("Confirmation of Booking"). The Host is not obliged to make the Accommodation available until such time as the Confirmation of Booking has been sent to you by email.
  2. Unless otherwise specified in the Confirmation of Booking the following cancellation policy will apply: for any booking cancelled 7 full days prior to listing’s local checkin time on the day of checkin, Pillow will refund 50% of the accommodation fees. If you cancel a booking 7 days or less prior to the commencement of the Booking Period then you will be responsible for the full Accommodation Fees for the entirety of the Booking Period and you will be charged such sums to the credit or debit card which you supplied when making the Booking.Cancellations due to extenuating circumstances the Host may approve a refund of greater than 50% of the full listing price. The Guest is responsible for all fees associated with their cancellation to the Host, Pillow, and the booking platform. In the event a refund within the 7 day window occurs, Pillow charges its fee on the entirety of the reservation fees. If you cancel a booking more than 7 days prior to commencement of the Booking Period then you will be responsible for 50% of the full accommodation fees as set out in the Confirmation of Booking ("Accommodation Fees") for the entirety of the Booking Period and you will be charged such sums to the credit or debit card which you supplied when making the Booking.
  3. The Host has the right to cancel a booking at any time. Under the circumstance that the host cancels your reservation you may contact Pillow to see if they can assist, however the Host is solely responsible for arranging for suitable alternative accommodations during the Booking Period (which will, if possible, be of comparable quality and character and may be a 4 star hotel within 2 miles of the location of the Accommodation). In the event Pillow is unable to assist in finding suitable alternative accommodations during the Booking Period, Pillow will assist you obtaining a full refund. Pillow shall have no responsibility or liability as a result of a cancellation of a booking.
  4. It is a condition of your Booking that all of the House Rules are complied with in full by both parties. Any failure by either you or Host to comply with the House Rules including any failure to allow Pillow to supply services will permit the other party to terminate your Booking and this Agreement without liability (and without prejudice to any other rights and remedies pursuant to this Agreement).
  5. In the event that the Accommodation becomes unavailable for the whole or any part of the Booking Period and you do not accept a suitable alternative accommodation which is offered to you, then you are entitled to cancel the Booking, and the pre-payment will be refunded to you, but neither the Host nor Pillow will be liable to you for any further amounts in respect of the cancellation of the Booking.
Fees and Charges
  1. You agree to pay the Accommodation Fees as set out in the Booking Summary without deduction or offset. You also agree to pay the cost of any damage to the Accommodation or its contents and to pay any fees, costs and expenses incurred by the Host or Pillow as a result of your failure to vacate the Accommodation on a timely basis at the end of your Booking Period, including, without limitation, as a result of loss of a subsequent booking for the Accommodation for the period following your Booking Period.
  2. The Accommodation Fees set out in the Confirmation of Booking will include the fees payable with respect to the Accommodation only and all taxes payable with respect thereto. No additional concierge or other services which you book through Pillow are included.
  3. By accepting these terms you agree to pay the Accommodation Fees in full and the Host or Third Party Platform will collect such amount as set forth in the Booking Summary by charging your provided credit or debit card. You acknowledge and agree that the Host may authorize Pillow to collect and remit Accommodation Fees and other fees and charges paid by you in connection with your stay at an Accommodation. Pillow may also charge you fees for certain services provided by Pillow as agreed by you under this Agreement.
  4. Your prepayment will be collected and paid as set forth above under Booking and Cancellation. On commencement of the Booking Period, the remainder of the Accommodation Fees (if any) will be taken by check-in staff provided by Pillow or will be automatically charged to your credit or debit card. If you fail to check-in to an Accommodation on the date of commencement of your booking, then for the avoidance of doubt you will be responsible for payment of the entire Accommodation Fees for the booking (and all taxes due with respect thereto) and you will be charged such sums to the credit or debit card which you supplied when making the Booking.
  5. In addition to the fees and charges for the Accommodation, all applicable governmental authorities all taxes applicable to your purchase of the Booking from the Host and use and occupancy of the Accommodation may be collected and remitted. Pillow is not responsible for any taxes as a result of any Accommodation.
Credit Card Authorization

When you commence your stay at the Accommodation, you will have to provide a pre-authorize amount from a credit or debit card account supplied by you (which may be different from the card/account you supplied when booking) and the Host will be entitled to make charges against this credit or debit card in the event of any damage to the Accommodation or its contents, or in the event of late check-out or overstaying.

Check-In / Check-Out

The check-in and check-out time at the Accommodation is as stated in the Booking Summary. Unless your Host has agreed to a late check-out as part of your Booking Summary or has expressly agreed in writing to an extension or a further period of occupancy which has been confirmed by a subsequent Confirmation of Booking, then you will be responsible for a full day’s Accommodation Fee for any overstaying past the check-out time on the day of your departure. If you overstay by more than 2 hours then Host reserves the right to enter, or cause Pillow or other authorized agent to enter, the Accommodation, remove your belongings, change the locks to the Accommodation and take such further action as may be necessary or appropriate (and you will be charged for the costs of any such action which will be charged against the debit or credit card account that you provided at check-in). In addition, you will be responsible for an additional fee equivalent to 150% of the effective daily rate of your stay for each day (or part thereof) that you overstay, as well as any other damages, fees, costs or expenses incurred by the Host or Pillow, including without limitation, as a result of loss of a subsequent booking for the Accommodation or finding alternative accommodations for any subsequent guest who had a booking for the Accommodation for all or any part of the time that you overstayed.

Safety and Conduct
  1. You have primary responsibility for your own safety and for the safety of anyone that you allow on to the Accommodation during your stay. You must read any fire or health & safety guidance which is provided to you and listen to any instructions or explanations which are provided. It is your responsibility to bring any concerns regarding the Accommodation to the attention of the Pillow and to ask any questions that you may have if you do not understand any of the guidance or instructions provided.
  2. If you become aware of anything during your stay which you believe is a health & safety risk, you must inform Pillow immediately. Your Host and Pillow will have access to the Accommodation at all times during your stay to address any such issues.
  3. You must comply with the Terms, this Agreement and you must also comply with any building regulations and House Rules and any reasonable directions of the Host or Pillow.
  4. You may not allow any person other than the person named in the Booking Summary to occupy the Accommodation at any time, except such number of additional guests as may be specified in the Booking Summary. This agreement is personal to you and may not be transferred to any other person. The Host will not allow any person other than the persons named in the Booking Summary to access or occupy the Accommodation.
  5. The Booking Summary may specify the maximum permitted number of guests who are authorized to stay in the Accommodation. If you allow more than the maximum number of people to occupy or stay in the Accommodation, you will be liable to pay a supplement of up to 100% of your effective daily rate in respect of each unauthorized guest and the booking may be terminated immediately.
  6. In addition to complying with the Terms, this Agreement and the House Rules and all reasonable directions you also agree that you will:
    1. keep the Accommodation clean, tidy and clear of trash and leave the Accommodation in the same condition as you find it;
    2. not keep or take any pets or animals into the Accommodation (unless otherwise agreed with us and specified as pet-friendly in the Booking Summary);
    3. not do anything that will or might constitute a breach of any consents in relation to the Accommodation or which will or might be in breach (in whole or in part) of any insurance in effect with respect of the Accommodation from time to time;
    4. if the Accommodation is part of a building or complex with common areas, not obstruct or leave any objects or waste in any common areas;
    5. not leave any obstruction outside of the Accommodation;
    6. not do or permit to be done on the Accommodation anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Host or to tenants or occupiers of the building or any owner or occupier of neighboring property including (but not limited to) playing loud music or musical instruments, dancing, entertaining at the Accommodation or moving furniture;
    7. not conduct any illegal activity from the Accommodation;
    8. not conduct any business or commercial activity whatsoever from the Accommodation;
    9. not make any alteration or addition whatsoever to the Accommodation or its contents;
    10. not use the Accommodation for any purpose other than for personal accommodation; and
    11. not invade the privacy of the Host or publish or reveal anything which might allow a third party to identify the address of the property or the identity of the Host or any personal information regarding the Host or the Accommodation (even if such information is already in the public domain).
  7. You acknowledge that the Accommodation is a home and you agree not to access any cupboard or drawers which have been sealed with tamper tape. You may be subject to a charge for any breach of any tamper tape.
  8. You hereby indemnify the Host and Pillow in respect of any and all costs, claims, damages, liabilities, and expenses, including, without limitation, reasonable attorneys’ fees and costs) suffered or incurred by the Host or any of the foregoing parties arising out of or relating to a breach by you of this Agreement, including, without limitation this paragraph. In the event of breach, your membership in Pillow may be terminated in accordance with the Terms and this Agreement.
Property Damage
  1. A written or video inventory will have been taken prior to the commencement of your stay. You must notify Pillow of any damage to the Accommodation, contents, fixtures or fittings which occurs during your stay, even if you regard the damage as minimal or normal wear and tear or if you do not believe the damage is your fault.
  2. If you do not notify your Pillow of any such damage you will be fully responsible for such damage on a full replacement cost basis.
  3. If you do declare any damage, then you are responsible for full replacement cost, but the first US$8 per night of such damage will not be charged to you.
  4. You have authorized Pillow to charge any property damage for which you are responsible to the credit or debit card account supplied by you. Any charges for property damage will be charged to such credit or debit card account which you have supplied. You acknowledge that pursuant to the provisions of this Agreement relating to Credit Card Authorization above, Pillow has obtained a pre-authorization for such charges as noted above.
Liability and Claims
  1. Any claims made by you under this agreement must be made initially through Pillow and in accordance with the Terms. If you notify Pillow within 14 days after making such a claim through Pillow that, in your opinion, the dispute has not been satisfactorily resolved, then Pillow is authorized to provide you with the Host’s details so that you may thereafter pursue the claim directly with the Host.
  2. The Host will not have any liability for any business, financial or economic loss or for any consequential, incidental, special or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of this agreement, the Accommodation or the booking (whether such loss arises as a result of negligence, breach of contract, tort or otherwise by the Host or any agent or third party providing services on behalf of the Host). The limitation of liability in favor of Pillow in the Terms applies hereto.
  3. Subject to any exceptions set forth in applicable law, the Host’s liability for all losses (including, without limitation for property damage, personal injury and death and whether such claim arises out of breach of contract, tort, negligence or otherwise) will be limited to the amount of the Accommodation Fees and charges payable by you. The Accommodation is a private residence and Hosts are not responsible for any accidents, injuries or illness that occurs on the Accommodation or for any loss of personal belongings or valuables of the Guest. You are responsible for obtaining any vacation, travel or rental insurance which you believe is appropriate with respect to your stay at the Accommodation.
  4. Nothing in this clause limits or excludes the liability of the Host for death or personal injury arising as a result of their gross negligence or willful misconduct or the gross negligence of willful misconduct of the Host, Pillow and their respective agents or employees.
  5. You agree to indemnify and hold Host and Pillow harmless from any and all liability, claims, loss, property damage or expenses arising by reason of any injury, death or damages sustained by any person, or to the property of any person, including you or the Host or any visitors or invitees whom you permit to enter the Accommodation or the premises of which the Accommodation is a part, where such injury death or damage is caused by your negligent or intentional act or omission, or by any such visitors or invitees.
  6. If Host or Pillow is required to engage any attorney to enforce the conditions of this Agreement, the Terms or the House Rules, to collect any amounts due, to remove you or your belongings from the Accommodation, Guest shall be responsible for all reasonable attorneys’ fees and costs incurred in connection with the foregoing,
General
  1. You agree that you have the power to enter into this agreement.
  2. You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to the Host against any amounts that may be owed to you.
  3. The Host will be entitled to assign or sub-contract their obligations under this Agreement.
  4. The Host will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any cause beyond their reasonable control such as severe weather, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war and civil unrest or similar occurrences.
  5. This Agreement represents the entire agreement between the parties hereto and supersedes any previous marketing information, representations or agreements of any kind or nature between the parties relating to the subject matter hereof and whether recorded in writing, or otherwise.
  6. The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.
  7. These conditions are governed by and construed in accordance with the laws of the State of California. You agree to submit to the exclusive jurisdiction of the courts of the state of California and the federal courts situated in the State of California for all disputes between Host and Guest arising out of this Agreement or the Accommodation.
  8. If you breach these terms and conditions and the Host decides to take no action or fails to take action on a timely basis, the foregoing shall not be deemed a waiver by the Host of the Host’s rights hereunder and the Host will still be entitled to take action and enforce their rights and remedies for any other breach.
  9. Pillow is a third party beneficiary of this Agreement and may rely upon this Agreement and enforce this Agreement to the extent necessary to enforce their respective rights and perform their respective obligations under the Terms and any agreements between the Guest and such parties.
Host and Guest Services

Pillow may offer certain goods and services to Guests with respect to a Booking that are included in the Booking ("Host Services") and goods and services that are separate and distinct from the Booking and any agreement that Guest may have with the Host or Third Party Platform ("Guest Services"). This Agreement sets forth the terms and conditions of the Guest Services.

Pillow is not an agent of the Host or you, we are not booking agent or hosting platform and we are not a real estate broker, real estate agent, property manager, travel agent, travel seller or reseller or travel promoter. We do not have authority to form a binding agreement between you and the Host for the Booking of an Accommodation. We are solely responsible for the Host Services and Guest Services we provide, subject to the Terms, into which this Agreement is incorporated.

In accordance with the Terms, you will contract directly with a Host for the use and occupancy of the Accommodation, principally through a Third Party Platform. We are not responsible for any element of the Accommodation or any part of your agreement with the Host.

As set forth in the Terms, Pillow reserves the right, at its sole discretion, to modify, discontinue or terminate any Host or Guest Services, at any time and without prior notice. By continuing to use Host or Guest Services after modification, you are indicating that you agree to be bound by the modified terms of this Agreement. If the modified terms of this Agreement are not acceptable to you, your only recourse is to cease using the Site and Host and Guest Services.

Host Services

Pillow provides Host Services in connection with Bookings under the Host Services Agreement. We provide Host Services to and on behalf of Hosts and some of these services may be provided directly to you as set forth below. You must accept the receipt of Host Services as part of your Booking. The cost of Host Services is included in the Accommodation Fee set forth in your Booking Summary and will be paid by the Host.

The following are Host Services that may be provided to you:

  1. Welcome to the Accommodation and key hand over;
  2. Cleaning of the accommodation before and during the stay;
  3. Helpdesk services for inquiries regarding the Accommodation (which is separate from the concierge Guest Service set forth below);
  4. Housekeeping (changing of linens); and
  5. Check-out and collection of keys.

Guest acknowledges and agrees that Pillow may provide the Host Services through one or more third party vendors in its sole discretion. Pillow agrees to provide the Host Services in a timely and professional manner in accordance with this Agreement, but Pillow makes no warranties of any kind, express or implied, with respect to the Host Services to be provided hereunder. This Agreement is subject to the limitations of liability set forth in the Terms.

Guest Services

We may offer you Guest Services set forth below from time to time in accordance with this Agreement.

The following are Guest Services that we may offer you and for which an additional charge will be payable as set out below:

  1. Concierge services (advice on the area, booking of third party events, reservations etc.);
  2. Equipment hire (hire of audio visual equipment, tablets etc.);
  3. Food ordering;
  4. Stocking of refrigerator;
  5. Any other services requested by a Guest which we agree to provide from time to time.

Guest acknowledges and agrees that Pillow may provide the Guest Services through one or more third party vendors in its sole discretion. Pillow agrees to provide the Guest Services in a timely and professional manner in accordance with this Agreement, but Pillow makes no warranties of any kind, express or implied, with respect to the Guest Services to be provided hereunder. This Agreement is subject to the limitations of liability set forth in the Terms.

Fees

[If you agree to accept any Guest Services from us, we will provide you with a preliminary invoice of fees for the Guest Services for your approval.] You agree to promptly pay to us all preliminary fees for Guest Services as set forth on the preliminary invoice. We reserve the right to request payment in advance of providing any Guest Services.

Guest hereby agrees to provide and maintain a current credit card or bank account information with Pillow. Guest hereby authorizes Pillow to charge Guest’s credit card or bank account for any amounts owed by Guest to Pillow under this Agreement.

If you elect to accept Guest Services at the time of the Booking, we may provide the preliminary invoice and collect any applicable fees from you at the same time as the Accommodation Fees are collected from you by the Host or Third Party Platform. By entering into this Agreement you irrevocably agree that any such preliminary charges can be paid to us by the Host or a Third Party Platform without further approval or authorization by you.

You acknowledge and agree that we, the Host or the Third Party Platform may pre-authorize your credit or debit card at any time for the fees and costs associated with the Guest Services you have booked or may choose to book during your stay. Guest Services purchased after you have booked your stay will either be added to your account and collected from you when the Accommodation Fees are collected or, if you book Guest Services after pre-payment has been taken we will collect payment either during your stay or on your departure from the Accommodation. You will receive a final invoice for your stay, including all charges incurred with respect to the Guest Services.

You understand that all prices charged to you for items subject to sales or use tax under applicable federal, state and local laws will include a charge for tax remittance and you hereby authorize us, the Host or the Third Party Platform to charge your credit or debit card for such amounts in addition to the cost of any taxable goods or services provided to you during your stay. You also understand that the jurisdiction in which an Accommodation is located may charge an occupancy tax on the amount paid by a Guest for the use and occupancy of such property, and you hereby authorize us, the Host or the Third Party Platform to charge your credit or debit card for such amounts in addition to the amount paid for the Booking.

If you book any Guest Services more than fourteen days before the start of your stay, you can cancel the Guest Services no questions asked within six (6) hours of booking such services, and we will refund 50% of any charges. If you cancel any Guest Services at least four (4) weeks before your stay, we will refund 80% of any charges. If you cancel within fourteen days before the start of your stay, we will not refund any charges.

You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to us, the Host or the Third Party Platform against any amounts that may be owed by you.

Third Party Services

As part of our Guest Services we may book or order Guest Services from third party suppliers or vendors. This will apply to any ticketed events you wish to attend, restaurant bookings or other goods or services ordered through our concierge service. Airport transfers, food orders, affiliate memberships and nanny or babysitting Services are also supplied by third parties.

Any booking we arrange for you with a third party will be subject to that party’s terms and conditions of business as well as our Terms and this Agreement. You will be liable to pay the costs of any third party provided Guest Services and we will not be responsible for any failure on the part or that third party to adequately supply the Guest Service.

Additional Terms for Guest Services
  1. Equipment Hire. Where you have hired equipment from us you must return the items to us in the same state in which they were supplied to you in. You will be liable for the costs of any damage to equipment which has been hired by you. Equipment is subject to availability. On hiring equipment for you we may charge, or direct the Host or Third Party Platform to pre-authorize any such credit or debit card for an amount to cover the cost of any damage to the equipment. Except where otherwise noted please leave any items hired by you at the Accommodation when you leave.
  2. Ticketed Events. In certain circumstances we may agree to try to secure a ticket for you at a theatre, music or sporting event. While we will use our reasonable commercial efforts to secure a ticket for the event it may be difficult to obtain tickets where the event is sold out, over-subscribed or in high demand. We do not guarantee that we will be able to obtain tickets to any event. Any tickets will be subject to the terms and conditions of the ticket agent and the venue.
  3. Helpline and General Requests. We offer a general concierge helpline which may be able to assist with specific requests and may also be your first point of call for booking restaurants, ticketed events, refrigerator stocking, or equipment during your stay.
Term and Termination
  1. Term. This Agreement is effective from the first date you use the Site.
  2. Termination.This contract is specific and exclusive to members of Pillow. If your membership in Pillow is terminated for any reason whatsoever, this Agreement shall be terminated.
Liability

You acknowledge and agree that we are not liable for the provision of goods or services by third parties nor will we be liable if any goods or services requested by you are unavailable during your stay. We will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control such as shortages, unavailability, overbooking, severe weather, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war, civil unrest or other similar circumstances.

This Agreement is subject to the limitations of liability set forth in the Terms.

Indemnification

Guest agrees to defend, indemnify and hold harmless Pillow, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders ("Indemnitees") from and against all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) the Guest Services performed by Pillow under this Agreement other than those arising because of gross negligence or intentional misconduct by Pillow or any of its officers, agents, directors or employees; (2) any damage to or destruction of any property by Guests, any third party, or any terrorism, acts of nature, or acts of God; (3) any injury to or death of any person from any cause whatsoever; and (3) any error of judgment by Indemnitees or any mistake of law or fact by Indemnitees.

Miscellaneous
  1. Successors and Assigns. This Agreement shall benefit Pillow, its successors and any permitted assigns. This Agreement shall not be assignable by Host without the express written consent of Pillow, but may be freely transferred, assigned, or delegated by Pillow.
  2. Entire Agreement. This Agreement, and the Terms into which this Agreement is incorporated, set forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all other oral or written representations, marketing information and understandings.
  3. Waiver. If Guest breaches any term of this Agreement and Pillow decides to take no action or neglects to do so, then Pillow will still be entitled to take action and enforce our rights and remedies for any other breach.
  4. Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
  5. Relationship of Parties. The parties are independent contractors under this Agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other party.
  6. Notice.All notices and other communications under this Agreement shall be provided as set forth in the Terms.
  7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
  8. Dispute Resolution. Pillow and Guest agree to try in good faith to settle the dispute by voluntary mediation before resorting to court action or arbitration. In the event of a dispute between the parties concerning the terms of this Agreement, such dispute shall be resolved as set forth in the Terms.