Terms and Conditions
TERMS AND CONDITIONS
PLEASE READ THESE TERMS OF USE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS AND INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS OF OUR LIABILITY.
Last Updated: December 7, 2020
Mays & Belle and Mays & Belle, LLC (hereafter referred to as “Mays & Belle”, “M&B”, “we”, “us”, or “our”) provides an online platform or marketplace that connects our Guests to Accommodations (as defined below) and other services described herein (collectively, the “Services”). These Services are accessible at http://maysandbelle.com and on any other websites through which Mays & Belle LLC makes the Services available (collectively, the “Site”). By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you have confirmed a Reservation through these Services. These Terms govern your access to and use of the Site and Services and all Content (as defined below), and constitute a binding legal agreement between you and Mays & Belle LLC. Please read carefully these Terms and our Privacy Policy. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site. Capitalized terms not otherwise defined shall have the meanings ascribed to them below.
Key Terms
“Accommodation” means any residential or other property listed on the Site that may be booked for a temporary stay.
“Content” means text, graphics, images, music, software, audio, video, information or other materials and includes User Content.
“User Content” means all Content that a Guest submits or transmits to Mays & Belle LLC as a testimonial or comment regarding the Site or Services.
“Guest” means a person who has received an email from Mays & Belle LLC confirming a Reservation of an Accommodation made via the Site.
“Owner” means one who has ownership of an Accommodation available on the Site.
“Reservation” means an arrangement between you and the Owner of an Accommodation to have that Accommodation reserved for your use at a specific future time.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE CONFIRMED A RESERVATION. THE SITE AND SERVICES ARE INTENDED SOLELY FOR PERSONS WHO ARE 18 YEARS OLD 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. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR CONTENT. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.
Modification
Mays & Belle LLC reserves the right, at its sole discretion, to modify the Site, Content or Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Content or 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. If the modified Terms are not acceptable to you, your only recourse is to cease accessing or using the Site, Content and Services.
How the Site Works
The Site can be used to facilitate the booking of residential and other properties listed on the Site. As stated above, Mays & Belle LLC makes available a platform or marketplace with related technology for Guests to arrange for bookings of Accommodations directly with Owners. You understand and agree that Mays & Belle LLC is not a party to any agreements entered into between Guests and Owners, nor does Mays & Belle LLC have any control over the conduct of Owners, Guests or other users of the Site. Mays & Belle LLC is not an Owner, a real estate broker, agent, insurer or operator of properties, including, but not limited to, hotel rooms, other any other type of lodging or temporary accommodation, nor is it a provider of properties, including, but not limited to, hotel rooms, other lodgings or Accommodations. Mays & Belle LLC’ responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) serving as the Owners’ collection agent for all payments not collected directly from Guests by Owners.
Much of the information regarding each Accommodation is provided by its Owners, including, on occasion, the photographs themselves. Photographs of, and information about, an Accommodation are published on the Site to offer prospective guests a reasonable notion regarding the quality and characteristics of the Accommodation. Photographs of the Accommodations are not necessarily accurate visual representations of the Accommodation nor its features and decor.
Although Mays & Belle LLC does endeavor to verify and update information about the Accommodations and to update photographs of the Accommodations published on the Site, Mays & Belle does not endorse any User Content or any Accommodation and shall therefore not be liable to any user or Guest if the published information, User Content, or photographs do not reflect modifications to the décor or other features of the Accommodations made by their respective Owners. Mays & Belle does not control the condition, legality or suitability of any Accommodation. Mays & Belle is not responsible for and disclaims any and all liability related to any and all listings and Accommodations. Accordingly, any and all Reservations are made at the Guest’s own risk.
Bookings and Financial Terms
The Owners, not Mays & Belle, are solely responsible for honoring any confirmed bookings and making available Accommodations reserved through the Site and Services. If you, as a Guest, choose to confirm a Reservation with Mays & Belle, you agree and understand that you are entering into an agreement with the Accommodation’s Owner, and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Owner. You acknowledge and agree that that you, and not Mays & Belle, will be responsible for performing the obligations under any such agreements, that Mays & Belle is not a party to such agreements, and that, with the exception of any collection obligations hereunder, Mays & Belle disclaims all liability arising from or related to any such agreements.
Only persons who have legal capacity in both their country of residence and the country where the Accommodation is located and who have capacity to guarantee payment of all contracted Services can make Reservations and execute a lease agreement with the Owner of the Accommodation.
Stay
The minimum stay required for most Accommodations is four nights; however, Accommodations may require minimum stays of periods as long as one month. In certain countries, there may be a limit on the duration of a Guest’s stay. If you wish to arrange a stay of more than three months, please make this clear to the Mays & Belle agent to confirm whether such a stay is legally permissible.
Reservation Procedure
You agree to the following procedure for making and confirming Reservations:
- a) Upon receiving a Reservation request, Mays & Belle will contact the Owner to verify whether the Accommodation is available. Certain Accommodations may be listed on the Mays & Belle Site with the “Instant Book” option. For Accommodations that can be reserved through this option, Owners have already provided Mays & Belle with the availability of the Accommodations.
- b) If a Reservation request is submitted through the “Instant Book” option, Mays & Belle will contact the Guest within 48 hours to confirm the availability of the Accommodation. If the “Instant Book” option is not available for the relevant Accommodation, Mays & Belle will contact the Guest to confirm whether the Accommodation is available on the requested dates at the email address provided after receiving the Owner’s confirmation of availability.
- c) To confirm a Reservation, a Guest must pay the Initial Reservation Payment (as defined below under the heading “Reservation Confirmation”) within 24 hours of Mays & Belle’ email confirming the availability of the Accommodation for the requested dates and sending payment information to Guest (the “Reservation Payment Period”). Mays & Belle shall hold the requested dates at the Accommodation during the Reservation Payment Period.
- d) Once receipt of the Initial Reservation Payment is confirmed, Mays & Belle will instruct the Owner to definitively book the Accommodation for you on the dates you have requested. Subsequently, Mays & Belle will send you an email confirming your Reservation.
- e) By submitting an inquiry you will be opted to receive our Mays & Belle emails.
Your delay or failure to make the Initial Reservation Payment within the Reservation Payment Period will result in the lapse of the hold on your requested dates at the Accommodation, and Mays & Belle will not be able to guarantee the Accommodation’s availability for the requested dates. If you make the Reservation Payment outside of the Reservation Payment Period and the Accommodation is no longer available, Mays & Belle will reject the payment, in which case you should receive a refund of the entire amount of the payment less any non-refundable credit card charges, bank transaction fees or similar charges.
In connection with your requested Reservation, you will be asked to provide customary billing information such as name, billing address and credit card information either to Mays & Belle or its third party payment processor. You agree to pay Mays & Belle for any confirmed Reservations in accordance with these Terms by one of the methods described on the Site – e.g. by bank transfer, PayPal or credit card. You also authorize Mays & Belle to charge your credit card in the event of damage caused at an Accommodation as contemplated under “Damage to Accommodations” below. If you are directed to a third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal data collection practices. You are advised to review the terms and conditions and privacy policy of these third parties before using their services.
Reservation Confirmation
Guests using credit cards issued in certain countries may be subject to surcharges required by local law. You assume all costs, expenses, fees, taxes or other expenditures applied to any payments or wire transfers by any credit card company, bank or government authority involved in the transaction (even if the credit card company, bank or government authority technically charges Mays & Belle). Following successful processing of your Initial Reservation Payment, Mays & Belle (or its representative) will send you a confirmation email summarizing your Reservation. Mays & Belle reserves the right to charge the Initial Reservation Payment and the Reservation Balance (as defined below) together, summing to 100% of total Booking Payment, upon Reservation Confirmation. Initial Reservation Payments for stays greater than or equal to 2 months and less than 6 months will equal to a payment of 1 month booked. For stays greater than or equal to 6 months, the Initial Reservations Payment will equal to a payment of 2 months booked.
Reservation Balance
The Reservation Balance is the remaining balance of the total Booking Payment after deducting the Initial Reservation Payment. Payment of the Reservation Balance is due at least 30 days in advance of check-in. It can be paid via U.S. bank transfer or Paypal or like service. Any and all commissions, charges, taxes and rates applicable to Reservation Balance shall be solely borne by the Guest.
Administration and Additional Fees
In some destinations, you will be charged an Service Fee, which is payable in conjunction with the Initial Reservation Payment. Additional fees may be charged for cleaning services provided more frequently than once per week during your stay. Our Reservations Team will inform you of any fee prior to booking.
Extensions
Any desired extension of a Reservation that has already commenced will be subject to availability and will be treated as a new Reservation. Consequently, the Accommodation may not be available to occupy and prices for the Accommodation may not be available at the same rate. In order to confirm an extension with a start date within 30 days, you will need to immediately pay the full amount of the Booking Payment for the term of the extension. In order to confirm an extension more than 30 days in advance of its start date, 50% of the total price of the Booking Payment for the extended term will be due, with the remaining Reservation Balance for that term due 10 days prior to the extension start date. In either case, a new contract must be signed upon confirmation, and any monies paid towards an extension are non-refundable.
Unavailability of the Accommodation and Situations Affecting your Stay
If, for any reason, the Accommodation booked becomes unavailable on the requested dates or if any problem or defect is discovered or occurs during check-in or during the Guest’s stay, which would frustrate the Guest’s use and enjoyment of the Accommodation prior to completion of his or her stay, Mays & Belle will notify the Guest that made the Reservation and make all commercially reasonable efforts to provide an alternative Accommodation for the requested dates. Mays & Belle will use commercially reasonable efforts to locate an alternative Accommodation with similar amenities at the same price until the problem or defect in the Accommodation is resolved or the Reservation contract terminates (whichever is sooner), but if we cannot locate a suitable, similar Accommodation, we will inform the Guest of available alternative Accommodations and how they differ from the reserved Accommodation with respect to features and price.
If the Guest is unsatisfied with the alternative Accommodation offered as a result of unavailability, a problem or a defect, he or she may choose to: (a) cancel the Reservation and receive full reimbursement of the Initial Reservation Payment and the Reservation Balance (if any) paid to Mays & Belle if the unavailability, problem or defect is discovered before or during check-in; or (b) receive a reimbursement proportional to the length of the unused Reservation term if a problem or defect is discovered during the Guest’s stay.
Neither Mays & Belle nor the Owner will relocate Guests, reimburse Reservation payments or cancel a Reservation in response to requests or complaints resulting from or related to causes that are beyond Mays & Belle’ or the Owner’s control, unrelated to the Accommodation or due to acts of God or other force majeure event, including without limitation, general street noise or any kind of disturbance caused by construction, maintenance or repair (whether or not to the Accommodation or the building in which it is located), the condition of the hallways or other amenities, temporary malfunctioning of elevators, maintenance or repairs of common areas ordered by the building management, repairs to neighboring properties, interruption of the Internet or other services and any similar events affecting the Guest’s stay in the Accommodation but beyond the Owner’s or Mays & Belle’ control.
Nevertheless, Mays & Belle will make commercially reasonable efforts to resolve or minimize the situation. Mays & Belle cannot and does not guarantee that its eventual resolution of the situation will not increase expenses for the Guest, including increased Reservation Payments or other expenditures. A Guest’s exclusive remedies against Mays & Belle in any of the above-described events are to: (i) accept Mays & Belle’s alternative Accommodation arrangements or (ii) cancel the remaining portion of the accommodation agreement and receive a reimbursement proportional to the length of the reservation term cancelled.
Limitation of Liability
To the maximum extent permitted by law, you accept all risk related to your use of the Site and Services. Neither Mays & Belle nor any party involved in creating, producing or delivering the Site or Services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, the costs of substitute products or services, damages for personal or bodily injury or emotional distress associated with use of the Site or Services or in any way in connection with these Terms, or for any damages for which you are held liable in connection with your stay in an Accommodation even if a limited remedy set forth herein is found to have failed its essential purpose. Your exclusive remedy against Mays & Belle in any way connected to your use of the Site or Services is to discontinue your use of the Site or the Services. You hereby waive and release any and all statutory, equitable or common law remedies for monetary damages you may have against Mays & Belle in connection with any damage related to these Terms, the Site, the Services or your stay in an Accommodation. All limitations on liability in these Terms and the exclusive remedies described herein are fundamental bases of the bargain between you and Mays & Belle.
Supplies at the Accommodations
The Accommodations will be supplied with basic hygiene products, including towels, toilet paper and soap. Mays & Belle offers Guests the optional Services of supplying the Accommodations with beverages and snacks throughout the Guest’s stay. We will charge you for the cost of beverages and snacks in addition to an administrative fee; you will be informed of the relevant administrative fee at the time you request this Service.
Special Requests
Please inform Mays & Belle of any special request via email before making your Reservation so that Mays & Belle can verify whether your request can be met. Special requests may be subject to additional charges; Mays & Belle will notify you of the proposed additional charges for your special request in writing for your authorization. Mays & Belle shall not be responsible for your failure to notify us of any special request or necessity and shall not be liable, and shall not make any reimbursement, to any Guest whose stay is inadequate as a result of a failure to appropriately notify us of said special request or necessity.
Concierge Cancellation Policy
There will be no refund for the cancellation of any service (including, a la carte, pre-stocking of the home, tours, and activities) that is made after you confirm said service with Mays & Belle, either via written confirmation or by paying for the service. Mays & Belle acts on your behalf as your agent to schedule and confirm these services, and once it is scheduled and confirmed, you are obligated to pay Mays & Belle. Please note that rescheduling an activity is the equivalent of canceling it and scheduling a new one.
Foreign Currency
Rental rates provided on the Site may be quoted in a different currency than the currency in which you will be charged. Upon your request for a Reservation, Mays & Belle will determine, in its sole discretion, the currency in which you will be charged based on the payment method you select and the location of the Accommodation you are booking. If you are charged in a currency other than that in which the rental price was quoted, the price will be calculated based on the most recent applicable foreign exchange rate according to your financial institution as of the date and time that your Reservation is confirmed. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. You acknowledge that none of these currency conversion rates or fees are controlled by or known to Mays & Belle.
Any charges, commissions, taxes, rates and other fees applicable to payments shall be borne exclusively by the Guest. Therefore, Mays & Belle may impose or deduct foreign currency processing costs or fees from any foreign currency remittances to Guests.
Rounding Off
Mays & Belle may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Owners to the nearest whole functional base unit in which the currency is denominated; for example, Mays & Belle will round up an amount of $100.50 to $101.00, and $104.49 to $104.00. Some currencies are denominated in large numbers. In those cases, Mays & Belle may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Mays & Belle to round up an amount of 1,145 up to 1,150 and 1,144 down to 1,100, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
Payment Processing Errors
We will take steps to rectify any payment processing errors of which we become aware. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Taxes
You understand and acknowledge that the jurisdiction where your Accommodation is located may require Owners to collect taxes from Guests on the amount paid for the right to use and/or occupy an Accommodation, and otherwise empower governmental agencies, departments or authorities to collect and enforce these tax obligations and liabilities (each such agency, department or authority, a “Tax Authority”). These taxes are sometimes called “occupancy taxes,” “hotel taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,” “room taxes” or “tourist taxes” (collectively referred to hereinafter as “Occupancy Taxes”). Occupancy Taxes vary between jurisdictions but, if applicable, are generally calculated as a percentage of the rental or occupancy charge or a set daily amount.
If a Tax Authority asserts that Mays & Belle or Owners with property in that jurisdiction have Occupancy Tax liabilities and obligations, Mays & Belle may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from Guests on behalf of Owners. In any jurisdiction in which we decide to do so, you hereby instruct and authorize Mays & Belle to collect Occupancy Taxes on behalf of Owners at the time rental amounts are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes collected and remitted through facilitation by Mays & Belle, if any, will be visible to and separately stated to Guests on their respective transaction documents. If Mays & Belle facilitates collection and remittance of Occupancy Taxes on behalf of any Owners, those Owners should not collect Occupancy Taxes from you. Guests acknowledge and agree that in some jurisdictions, Mays & Belle may not be able to facilitate collection and remittance of Occupancy Taxes and that if Mays & Belle has not provided notice that it will collect and remit Occupancy Taxes to the Tax Authority on behalf of an Owner with an Accommodation in that jurisdiction, Owners and Guests remain solely responsible and liable for collection and remitting any and all Occupancy Taxes that may apply to the Accommodations. In any jurisdiction in which we collect and remit Occupancy Taxes on behalf of the Owners, Guests expressly grant us permission to transfer data and other information relating to the relevant Occupancy Taxes collected and remitted relating to your transactions.
You expressly agree, consistent with the provisions under the heading “Indemnification and Release,” to waive and to release Mays & Belle (or any supplier or vendor that Mays & Belle may use) from any and all claims associated with the collection and remittance of any Occupancy Taxes. You also agree that we may seek additional amounts from you in the event that the Occupancy Taxes collected or remitted are insufficient to fully discharge your obligations to the Tax Authority, and that your sole remedy for Occupancy Taxes collected is a refund from the applicable Tax Authority in accordance with the applicable procedures set by that Tax Authority.
Site Rules
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations and tax obligations that may apply to your access and use of the Site, Content or Services. In connection with your use of our Site and Services, you may not and you agree that you will not:
(i) Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
(ii) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site or Content;
(iii) use the Site, Content or Services for any commercial or other purposes that are not expressly permitted by these Terms;
(iv) copy, use, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms;
(v) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or any other legal or contractual rights;
(vi) interfere with or damage our Site, Content or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(vii) use our Site or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
when acting as a Guest or otherwise, recruit or otherwise solicit any Owner or other Guest to join third party services or websites that are competitive to Mays & Belle, without Mays & Belle’ prior written approval;
(viii) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(ix) use automated scripts to collect information or otherwise interact with the Site, Content or Services;
(x) post, upload, publish, submit or transmit any Content 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, false, 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; or (vii) promotes illegal or harmful activities or substances;
(xi) systematically retrieve data or other content from our Site, Content or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
(xii) use, display, mirror or frame the Site or the Content, or any individual element within the Site, Content or Services, Mays & Belle’ name, any Mays & Belle trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Mays & Belle’ express written consent;
(xiii) access, tamper with, or use non-public areas of the Site, the Content, the Services or Mays & Belle’ computer systems;
(xiv) attempt to probe, scan, or test the vulnerability of any Mays & Belle system or network or breach any security or authentication measures; and
(xv) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
Mays & Belle will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Mays & Belle may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. Mays & Belle may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Mays & Belle or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Mays & Belle, the users, or members of the public. You acknowledge that Mays & Belle has no obligation to monitor your access to or use of the Site, Services or Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, or to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Mays & Belle reserves the right, at any time and without prior notice, to remove or disable access to any Content that Mays & Belle, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
Ownership
The Site, Services, and Content are protected by copyright, trademark and other laws of the United States and foreign countries. You acknowledge and agree that the Site, the Content and the Services, including all associated intellectual property rights, are the exclusive property of Mays & Belle and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Content.
Mays & Belle Content and User Content License
Subject to your compliance with these Terms, Mays & Belle grants you a limited, non-exclusive, non-transferable license, solely for personal, non-commercial use, to access and view Content to which you are permitted access.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Mays & Belle or its licensors, except for the licenses and rights expressly granted in these Terms.
If you submit User Content to Mays & Belle through our website, by email or by any other means, you permit us to and we may, in our sole discretion, post, upload, publish, submit or transmit the User Content. By making available User Content to Mays & Belle, you grant to Mays & Belle a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, which includes rights to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, or by means of or to promote or market the Site and Services. Mays & Belle does not claim any ownership rights in the User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit the User Content.
You represent and warrant that: (i) you either (a) are the sole and exclusive owner of all User Content that you make available to Mays & Belle or (b) you have all rights, licenses, consents and releases that are necessary to grant to Mays & Belle the rights to the User Content as contemplated under these Terms; and (ii) neither the User Content nor your submission or transmittal of the User Content or Mays & Belle Collection’s use of the User Content (or any portion thereof) will result in the violation of any applicable law or regulation or infringe upon, misappropriate, or violate a third party’s intellectual property rights of any kind, moral rights, other proprietary rights, or rights of publicity or privacy.
Links
The Site, Content and Services may contain links to third-party websites or resources. You acknowledge and agree that Mays & Belle is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources, products or services on or available from such websites or resources.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at info@maysandbelle.com or through the contact us section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of Mays & Belle, and you hereby irrevocably assign to Mays & Belle and agree to irrevocably assign to Mays & Belle all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.
Disclaimers
IF YOU CHOOSE TO USE THE SITE, SERVICES OR CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT MAYS & BELLE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON GUESTS OR OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MAYS & BELLE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MAYS & BELLE MAKES NO WARRANTY THAT THE SITE, SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MAYS & BELLE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, THE SERVICES OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES OR THAT PROVIDED BY GUESTS OR OWNERS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MAYS & BELLE OR THROUGH THE SITE, SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR GUESTS. YOU UNDERSTAND THAT MAYS & BELLE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. MAYS & BELLE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY MAYS & BELLE OR NOT. NOTWITHSTANDING MAYS & BELLE’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE OWNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE OWNERS, MAYS & BELLE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND CONTENT, YOUR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE AND SERVICES, YOUR PARTICIPATION IN ANY REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF MAYS & BELLE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER MAYS & BELLE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, CONTENT OR PROGRAMS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR YOUR PARTICIPATION IN ANY AVAILABLE PROGRAMS OR FROM YOUR BOOKING OF ANY ACCOMMODATION VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MAYS & BELLE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS UNDER THESE TERMS, IN NO EVENT WILL MAYS & BELLE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR BOOKING OF ANY ACCOMMODATION VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT OR YOUR PARTICIPATION IN ANY AVAILABLE PROGRAMS AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER USERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MAYS & BELLE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification and Release
You agree to release, defend, indemnify and hold harmless Mays & Belle and its affiliates, subsidiaries and contractors, and their respective officers, representatives, directors, employees and agents, from and against any claims, liabilities, damages, injuries, losses, and expenses (compensatory, direct, incidental, consequential or otherwise), including, without limitation, reasonable legal and accounting fees and expenses, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Content or your violation of these Terms; (b) your User Content; (c) your interaction with any Guest, Owner or other user of the Site or Services; your (d) booking of an Accommodation; and (e) your use or an Accommodation.
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Mays & Belle and you regarding the Site, Services, Content and any Reservations of Accommodations made via the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Mays & Belle and you regarding Reservations of Accommodations, the Site, Services and Content.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Mays & Belle’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Mays & Belle may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Mays & Belle (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law; Jurisdiction and Dispute Resolution
These Terms will be interpreted in accordance with the laws of the State of Florida, United States of America, without regard to its conflict-of-law provisions. This section will survive termination of these Terms.
NOTICE OF ARBITRATION AGREEMENT. You and Mays & Belle agree that any dispute or claims (whether under a statute, in contract, tort, or otherwise) arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or the Site will be fully and finally settled by binding, mandatory arbitration,
Other than as described above, you and we each GIVE UP OUR RIGHTS TO (a) GO TO COURT to assert or defend claims under these Terms (EXCEPT for matters failing within the jurisdiction of a small claims court) AND (b) TO A TRIAL BY JURY or to participate as a class member. You are entitled to a FAIR HEARING, BUT arbitration procedures are SIMPLER and more limited than rules applicable in court. Arbitrator decisions are as enforceable as judicial decisions and are subject to VERY LIMITED REVIEW BY A COURT.
Class Action and Jury Trial Waiver. Any dispute or claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. Unless both you and Mays & Belle both otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over a Class Action or representative proceeding. If for any reason (a) these Class Action provisions are held unenforceable or (b) this arbitration agreement between you and Mays & Belle is deemed unenforceable or non-arbitrable, you and Mays & Belle agree that any and all claims or disputes shall be fully and finally resolved by a court of competent jurisdiction sitting in the City of Miami by bench trial, (i.e., a judge will decide the facts and you WAIVE YOUR RIGHT TO A TRIAL BY JURY).
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as permissibly modified by these Terms. The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act (9 United States Code §§ 1-16) will govern the interpretation and enforcement of this section.
Arbitration Process. To initiate arbitration, a party must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314. The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of Florida and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Place of Arbitration and Procedure. If your claim does not exceed $10,000, the arbitration will be conducted solely on the basis of documents you and Mays & Belle submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. Whether the hearing will be conducted electronically, telephonically, or in person, will be determined by the arbitrator in accordance with the AAA Rules; reasonable fees may apply. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitration shall be conducted in the City of Miami, unless the arbitrator determines, consist with the AAA Rules, that face-to-face proceedings are necessary and that the City of Miami is not a reasonably convenient location.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with these Terms.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Changes. Notwithstanding the provisions of the “Modification” section above, you may reject any change we make to this “Dispute Resolution” section after the date you first accepted these Terms or accepted any subsequent changes to these Terms by sending us written notice (including by a message sent to us by way of our website) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of our email notifying you of such change. By rejecting any change, you are confirming that you will arbitrate any Dispute between you and Mays & Belle in accordance with the relevant “Dispute Resolution” of these Terms on the date you first accepted these Terms or the date you accepted any subsequent changes to these Terms (whichever is later).
Without prejudice to the foregoing reference of disputes to binding arbitration, you and we agree to submit to the non-exclusive jurisdiction of any court sitting in the City of Miami solely with respect to any actions for injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
General
The failure of Mays & Belle to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mays & Belle. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Mays & Belle
If you have any questions about these Terms, please contact Mays & Belle at info@maysandbelle.com.
