Terms & Conditions Stayjourn

Welcome to Stayjourn LLC’s Stayjourn.com website (the “Site”). Use of the Site is contingent upon your acceptance of and compliance with these Terms of Service (the “Agreement”) and our Privacy Policy which is recited separately. This Agreement constitutes a valid and binding agreement between Stayjourn, LLC, (the “Company,” “Stayjourn” “us,” “we”) and you (“you,” “your”, “user,” “member”). If you have any questions about this Agreement, please send us an e-mail at help@stayjourn.com. IF YOU DO NOT ACCEPT THIS AGREEMENT, WE WILL NOT GRANT YOU ANY LICENSE OR USE RIGHTS HEREUNDER AND YOU SHOULD EXIT THIS SITE IMMEDIATELY.

1. THE SITE ONLY FACILITATES TRANSACTIONS.  By using this Site you acknowledge and agree that this Site is provided as a conduit for the users to interact with one another. In no way does Stayjourn enter into any contracts, nor does it possess the legal capacity to do so with any of its users for the rental or other enjoyment of any property. Rather, the Site facilitates a platform for the users to rent or offer to rent and/or exchange/swap certain properties to potential rental and/or exchanger occupants (collectively, the “Renters”.)   The ultimate transactions and attendant contracts entered into between the users and/or the Renters strictly exclude Stayjourn, notwithstanding the fact that the Site may provide the tools and the environment to consummate such transactions, including without limitation, listings, reviews, booking, etc.  By using the Site, you acknowledge the fact that since Stayjourn does not become a party in any way to these transactions, Stayjourn bears no responsibility nor liability for the accuracy of any property listings, the contents thereof, or any reviews thereon, and in no way shall Stayjourn bear any responsibility nor liability for any lack of security, or any other aspect of the properties listed on the Site, the absence of or nature of any contracts or legal process in connection with the transactions arranged for through or on the Site, nor the capacity of any Renters to enter into or consummate any of the transactions arranged for through or on the Site. 

1A. LOCAL TAXES AND LAWS.  By using this Site you acknowledge and agree that Stayjourn bears no responsibility for any and all local regulations that may impact any transactions between users and Renters including, without limitation, permits, licenses, use taxes, hotel taxes, sales taxes, occupancy taxes, hospitality taxes, and any safety regulations.

2. Eligibility. You must be 18 years of age or older to enter this Site and/or download any of the content available on the Site on your own. If you are under the age of 18, please exit the Site. Stayjourn reserves the right to ask for proof of age and to withhold or terminate your membership if you are below the specified age requirement. Registration or membership with the Site is void in any jurisdiction where prohibited. You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

3. CHANGES TO SITE, SITE “FAQ”, AND/OR TERMS AND CONDITIONS OF SERVICE. Stayjourn reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site or this Agreement, in whole or in part, at any time. Stayjourn reserves the right, at its sole discretion, to change its fees and billing methods, including the addition of supplemental fees or separate charges for content, or services provided by Stayjourn. Changes to this Agreement will be effective when posted. Stayjourn will notify all users by way of announcement on the Site, if and when changes are made. You agree to review this Agreement periodically to be aware of any changes. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes. You also hereby consent to the exchange of information and documents between us electronically over the Internet or by e-mail and accept the risks including security and privacy risks from internet and e-mail communications.

4. Modifications to Site and/or Services. Stayjourn reserves the right at any time to modify or discontinue, temporarily or permanently, the Site, to alter the design, content, layout, copy, and functionality of the Site or any service offered through the Site (or any part thereof), with or without notice. You agree that Stayjourn shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any service offered through the Site.   

5. Non-commercial Use. Unless specifically agreed to by Stayjourn in writing on a case by case basis, in Stayjourn's sole discretion, users may only use the Site for personal use and not in connection with any commercial endeavors and your use of the Site is strictly subject to a revocable, non-exclusive license which is limited to advertising vacation rental properties, or to engage in research regarding the pricing and availability of such properties, and/or engage in inquiries and/or discussions regarding the rental of such properties.

6. ALL PAYMENT IN US CURRENCY. Any and all payments required by the Site, including without limitation, payment for listing properties, shall be made in U.S. Dollars paid either by major credit or debit card, or a check drawn on a U.S. bank.

7. SOFTWARE. At any time, Stayjourn may, in its sole discretion, provide to users certain software that may be either accessible, useable, or downloaded from, by, or through the Site. In the event you access or download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Stayjourn or a third party software provider (“Third Party”). In the event that the Software is proprietary to Stayjourn, under no circumstances shall title to the software be transferred to you by Stayjourn. Stayjourn retains full and complete title to the Software, and all intellectual property rights therein. Should Stayjourn make available for access or download, a third party's software (“Third Party Software”) through the Site, your access or download and use of such Third Party Software shall be subject to the terms of use set forth by such Third Party, and any applicable license agreement in connection with its software. Stayjourn does not grant you the right to redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form, unless such right is specifically granted herein.

8. Account Security. You will be responsible for creating and maintaining the confidentiality of your user name and password. You are responsible for all activity occurring under your account. You agree that you will (i) immediately notify Stayjourn of any unauthorized use of your user name or password and (ii) ensure that you properly exit any services and/or the Site at the completion of your session. Stayjourn shall have no liability for any loss or damage arising from your account or your failure to comply with these requirements.

9. Registration Accuracy. In consideration of your use of the Site you agree to: (1) provide true, accurate, current and complete information about yourself in responding to and completing the Site's registration form (the “Registration Information”); and (2) keep the Registration Information true, accurate, current and complete by maintaining and promptly updating it. If you provide any information that is untrue, inaccurate, not current or incomplete or Stayjourn has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Stayjourn has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

10. OWNERSHIP AND INTELLECTUAL PROPERTY. Any and all materials Stayjourn furnishes through the Site are the sole property of Stayjourn and are protected to the fullest extent possible by copyright, trademark and other intellectual property laws. You may use such materials as provided herein but are strictly prohibited from copying, reproducing, retransmitting, distributing, publishing, commercially exploiting, or otherwise transferring any such materials in any format or medium whatsoever. The content and materials furnished and otherwise made available by other users and subscribers are provided to you for use as provided herein. If you wish to redistribute such content in any manner outside the normal operation of the Site, you bear sole responsibility to obtain permission from the user or subscriber who posted it.

11. User Submitted Content.  By posting using the Site for engaging in any manner of communications, including but not limited to message posts, instant messaging, inputting or posting data, listing properties, posting or suggesting ideas, you irrevocably agree to provide Stayjourn a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, re-title, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your submitted content, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.  For the avoidance of doubt, you agree that Stayjourn, in its sole discretion, may reproduce in whole or in part any content or material submitted by you, to promote the Site and/or a property listing.

12. USER SUBMITTED CONTENT WARRANTIES.    By using this Site and submitting, posting, or otherwise making available photographs of properties or anything else, you hereby warrant and affirm that you hold the following rights, clearances, and licenses with regard to such photographs: 1) you have control of or a license to the copyright and all other applicable intellectual property rights necessary to have the photograph featured or displayed on this Site in connection with advertisements for rental properties; 2) if any such submitted photograph contains the image of any people, you have the necessary rights, licenses and permissions to feature and display the likeness of such people in such photograph.  You additionally warrant and affirm that any photographs depicting any properties is a true and accurate representation of the property, and is free from any material manipulation, alteration, or transformation that would undermine such accuracy.

13. STAYJOURN DOES NOT HAVE DUTY TO PRE-EVALUATE CONTENT POSTED BY USERS.  Stayjourn has no duty to pre-evaluate, pre-screen, or otherwise pre-analyze any content or materials posted on the Site by Users, or anyone who uses the Site for any purpose whatsoever and Stayjourn bears neither liability nor responsibility for such user submitted content and materials. Notwithstanding the foregoing, Stayjourn, in its sole discretion, reserves the right to bar, block, remove, or prevent any posting on the Site, or to remove any user-contributed content or materials.  Stayjourn expressly and without limitation disclaims any and all liability arising from any and all user postings or property listings on the Site, including without limitation, reviews, photographs, descriptions, etc., which are the complete and sole responsibility of the user that made such post. Users bear the sole and complete responsibility for maintaining the accuracy of and updating their postings and/or property listings and any underlying facts and or data regarding any underlying properties, including without limitation, location, description, price, and availability.   While Stayjourn reserves the right, in its sole discretion, to edit, re-arrange, copy, or amend user submitted content and materials, in no way does such actions on the part of Stayjourn give rise to any liability whatsoever for any loss or damage to any person, Renter or user.

14. Compliance with Law. Any use of the Site including but not limited to posting, distributing, or otherwise making available any content or materials (including but not limited to text, graphics, video, property listings, software programs or audio) must be lawful and you expressly agree to avoid any use that is potentially or actually unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable, or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, regulation or judicial ruling. You shall not post content or materials that generally contain advertising or any form of commercial solicitation. You shall not falsely claim to be or represent any third parties including but not limited to Stayjourn personnel or another user or member.

15. TERMINATION. You understand and agree that Stayjourn may, in its sole discretion and at any time, terminate your password, or any content posted or submitted by you to the Site or any service, for any reason. Stayjourn may also, in its sole discretion and at any time, discontinue any service or limit or restrict any user's access thereto, for any reason. You understand and agree that Stayjourn may take any one or more of these actions without prior notice to you. Should Stayjourn take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account, including your registration information and submitted content. You understand and agree that Stayjourn shall not have any liability to you or any other person for any termination of your access to any service and/or the removal of information concerning your account.

You agree not to use or attempt to use the Site, for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person. Improper uses include, but are not limited to:

  1. The violation of any applicable law or regulation;
  2. The posting or transmission of materials and/or content that you do not have the right or authorization to post or transmit;
  3. The posting or transmission materials and/or content that infringes a third party's rights;
  4. Posting or transmitting content that is in Stayjourn's sole discretion and judgment is considered unlawful, defamatory, infringing, libelous, slanderous, indecent, improper, offensive, in bad taste, inconsistent or disparaging to Stayjourn's, its trade name, and public image;
  5. Attempting to intercept, collect or store data about third parties without their knowledge or consent;
  6. Deleting, tampering with or revising any material posted by any other person or entity;
  7. Accessing, tampering with or using non-public areas of the Site or any Stayjourn website or Stayjourn's computer systems and network;
  8. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
  9. Attempting to access or search the Site with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by us or other generally available third party web browsers;
  10. Sending or attempting to send unsolicited messages, including without limitation, promotions or advertisements for products or services, “pyramid schemes”, “spam”, “chain mail” or “junk mail”;
  11. Using or attempting to use the Site to send altered, deceptive or false source-identifying information;
  12. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site;
    m. Interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a “virus” to the Site or any other user, overloading, “flooding,” “spamming,” “crashing,” or “mail bombing” the Site; or
  13. Impersonating or misrepresenting your affiliation with any person or entity.

16. LINKED SITES. Stayjourn is not necessarily affiliated with Web sites which may be linked to or from the Site (the “Linked Sites”) and is not responsible for their content. Links from the Site to the Linked Sites are for your convenience only and you access them at your own risk.  Stayjourn reserves the right, in its sole discretion, to refuse, block, remove, edit, or demand payment for, any hypertext links to, or addresses of, other web sites posted on user pages, posts, or listings.

17. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. ALL SERVICES PROVIDED THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO RENTAL LISTING, CALENDERING, MESSAGING, AND USER WEB PAGES, ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. STAYJOURN DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT, OR SERVICE FURNISHED BY IT UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. STAYJOURN DOES NOT GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES PROVIDED THROUGH THIS SITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL MATERIALS. STAYJOURN DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES OFFERED THROUGH THIS SITE. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM DOWNLOADING SUCH MATERIAL AND/OR DATA.

STAYJOURN EXPRESSLY DISCLAIMS ANY AND ALL INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES IN ANY EVENT EVEN IF ADVISED BEFOREHAND OF SUCH DAMAGES AND IN NO EVENT SHALL STAYJOURN BE LIABLE FOR SUCH DAMAGES RESULTING FROM THE ACTIONS OR CONDUCT OF ANY STAYJOURN RENTER OR USER.


TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, STAYJOURN'S LIABILITY FOR ANY LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND INCLUDING THAT WHICH MAY BE DUE TO STAYJOURN'S ACTUAL OR ALLEGED NEGLIGENCE, SHALL NOT EXCEED THE AMOUNT A SUBSCRIBER OR USER PAID FOR THE USE OF THIS SITE.

DISPUTES BETWEEN USERS AND RENTERS: ALL USERS HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE STAYJOURN, AND ITS RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH ANY AND ALL DISPUTES THAT ARISE BETWEEN USERS AND/OR RENTERS, INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR PROPERTY LISTING. ALL USERS WHO ARE CALIFORNIA RESIDENTS, HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES IN RELEVANT PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

TRANSLATIONS DISCLAIMER:  THE SITE HAS BEEN WRITTEN IN ENGLISH.  WHILE STAYJOURN WISHES TO MAKE THE SITE AVAILABLE IN DIFFERENT LANGUAGES, THE NON-ENGLISH TRANSLATIONS OF THE SITE ARE PROVIDED SOLELY BY GOOGLE TRANSLATION SOFTWARE AND STAYJOURN MAKES NOR WARRANTIES OR REPRESENTATIONS ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF SUCH GOOGLE PROVIDED TRANSLATIONS, WHICH ARE MADE ENTIRELY THROUGH AUTOMATED SOFTWARE ON A REAL TIME BASIS, WITHOUT THE AID OF A TRAINED OR QUALIFIED HUMAN TRANSLATOR.  BY USING THIS SITE IN ANY LANGUAGE OTHER THAN ENGLISH, THE USER ACKNOWLEDGES AND AGREES THAT ANY TRANSLATION ERRORS ARE NOT THE RESPONSIBILITY OF STAYJOURN AND THAT THE USER DOES SO AT ITS OWN RISK.

17A. “STAYJOURN CERTIFICATION” WARRANTIES AND DISCLAIMER OF LIABILITY.    ONLY FOR THOSE PROPERTIES THAT RECEIVE THE “STAYJOURN CERTIFICATION SERVICE” (EACH A “CERTIFIED PROPERTY”), USERS HEREBY ACKNOWLEDGE THAT STAYJOURN PROVIDES A STRICTLY LIMITED WARRANTY REGARDING THE FOLLOWING ITEMS: 1) THE CERTIFIED PROPERTY IS LOCATED IN THE NEIGHBORHOOD AS DESCRIBED IN SUCH PROPERTY’S LISTING ON THE SITE; 2) THE CERTIFIED PROPERTY POSSESSES THE AMENITIES AS DESCRIBED IN SUCH PROPERTY’S LISTING ON THE SITE; 3) THE IDENTITY OF THE USER LISTED IN CONNECTION WITH THE CERTIFIED PROPERTY ON THE SITE IS TRUE AND ACCURATE.

 

UNLESS OTHERWISE STATED HEREIN, STAYJOURN PROVIDES ABSOLUTELY NO OTHER WARRANTIES  REGARDING ANY CERTIFIED PROPERTY  AND ALL INFORMATION PROVIDED TO YOU IN CONNECTION WITH ANY CERTIFIED PROPERTY IS “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. STAYJOURN DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES NOT ENUMERATED IN THIS SECTION 17A, IN REGARD TO CERTIFIED PROPERTY LISTINGS, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. STAYJOURN DOES NOT GUARANTEE THAT THE CERTIFIED PROPERTY LISTINGS PROVIDED THROUGH THIS SITE WILL BE ERROR-FREE.  STAYJOURN DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE CERTIFIED PROPERTY LISTINGS OFFERED THROUGH THIS SITE.  STAYJOURN EXPRESSLY DISCLAIMS ANY AND ALL INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES IN ANY EVENT EVEN IF ADVISED BEFOREHAND OF SUCH DAMAGES AND IN NO EVENT SHALL STAYJOURN BE LIABLE FOR SUCH DAMAGES RESULTING FROM THE ACTIONS OR CONDUCT OF ANY STAYJOURN RENTER OR USER.

 

18. Hold Harmless and Indemnification. By using the Site, you agree to indemnify and hold Stayjourn and its respective parents, subsidiaries, affiliates and agents, and each of their respective officers, directors, employees and Third Party Providers harmless, including but not limited to reasonable attorneys' fees, from and against any claim or demand, made by any third party due to or arising out of your use of the Site, or the use of the Site by any party using your account, including but not limited to violation of the Agreement or the infringement of any intellectual property or other right of any person or entity.

19. Governing Law. If there is any dispute arising out of the Site, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of New York, U.S.A. and the federal laws of the United States of America, without regard to its conflict of law provisions and excluding that body of law known as conflicts of law and the United Nations Convention on Contracts for the Sale of Goods. You expressly agree to submit to the exclusive jurisdiction of the exclusive jurisdiction of and venue in the federal and state courts located in New York County, New York, U.S.A. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section 19. Stayjourn’s performance under this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement shall abridge Stayjourn’s rights to comply with any governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Stayjourn with respect to such use.

20. Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

21. NO PARTNERSHIP. In no event shall your use of the Site create a partnership, joint venture, broker relationship, employee-employer, agency, or franchiser-franchisee relationship.  The Site’s relationship with you is that of an independent contractor.

22. NOTICE OF CLAIMS OF INFRINGEMENT. If you believe that the Site features works belonging to you in an unauthorized or infringing fashion, including copyright infringement, or some other violation of your intellectual property, please notify our infringement agent at: help@stayjourn.com or Stayjourn LLC 135 West 14th St apt 10 New York NY 10011  Your notice must include the following information and details: 1) a specific recitation of the materials featured on the Site which you believe are infringing in nature; 2) a clear statement by you that you in good faith believe that the use or exploitation of the subject work on the Site is not authorized by the copyright owner, its agent or the law; 3) your physical address, telephone number and email address; 4) your physical or electronic signature; and 5) a statement by you, under penalty of perjury, that: (a) the foregoing information in your statement is true and accurate, and (b) you own the subject copyright interest or that you are authorized to act on behalf of the subject copyright owner. Upon receipt of a notice that conforms to these requirements, Stayjourn shall remove the allegedly infringing content, pursuant to the terms and protocol outlined in the United States Digital Millennium Copyright Act (DMCA).

 

23. Entire Agreement. It is hereby acknowledged that this Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.

 

ADDITIONAL USER SUBMISSION AND POSTING TERMS

24. USER AUTHORITY; ACCURACY OF INFORMATION: By using this Site you warrant and affirm that you: 1) have the authority to enter and form legally binding contracts with other users and/or Renters under any applicable laws, whether or not such contracts are entered into by you as a natural person or a business entity; 2) have all necessary rights to offer to rent/exchange and to actually rent/exchange any of the property(ies) listed by you.   At any time, Stayjourn may, in its sole discretion, request that a user provide reasonable evidence of its identity, of the nature, condition, location and other material items in connection with property(ies) listed by that user, as well as evidence of ownership of such propert(ies), and/or evidence of the necessary rights and authority to list such propert(ies) on the Site.

25. USER OBLIGATIONS TO ENGAGE IN FAIR DEALING. By using this Site, you hereby agree to conduct yourself according to principles of good faith and fair dealing, including without limitation: 1) not breaching the underlying rental or exchange agreement between you and a Renter and/or failing to return a valid deposit in contravention of such agreement; 2) truthfully and  accurately describing any and all rental and/or exchange properties, including any defects or other material items; 3) not denying access to a property that was rented or exchanged in a lawful fashion, in breach of any underlying agreement, in violation of any applicable laws, or based on any discrimination on the basis of race, color, national origin, religion, sex, sexual orientation, disability, age, veteran status, medical condition, citizenship, ancestry, or marital status; and 4) not denying a refund duly required by any underlying agreement.

26. PROPERTY REVIEWS MUST BE GENUINE.  If the Site permits users to have and in any way feature or display third party reviews regarding that user’s property(ies), such reviews must be true and genuine from actual people who have stayed at the subject propert(ies) and Stayjourn reserves the right, in its sole discretion at any time, to request verifiable contact and other information regarding any such reviewer(s).

27. NO SUBSTITUTION; ONE PROPERTY PER LISTING. Users are not permitted to make substitutions to any listing of a property with another property, without the express, written consent of Stayjourn.  Each listing shall display and describe one property (which may have multiple rental units on the same premises) and cannot be a collective listing for multiple properties.

28. NO TRANSFER OF LISTING. Users are prohibited from transferring any of its property listings to another party, without express written consent from Stayjourn, which at its sole discretion may charge a fee for such permitted transfer.

29. VIOLATION OF USER OBLIGATIONS.   Stayjourn, reserves the right, to be exercised in its sole discretion, with or without notice, and with or without refund, to remove, suspend, bar, or otherwise decline a user and/or any or all of its listings from the Site, if any such user is in breach of any terms of this Agreement.

30. COMPLAINTS REGARDING A LISTING AND/OR USER.  In the event Stayjourn is made aware, by complaint or otherwise, of a listing that violates this Agreement and/or, in Stayjourn’s sole discretion, any standards of fair dealing, or is adjudged by Stayjourn, in its sole discretion, to be offensive in any manner whatsoever, Stayjourn reserves the right, with or without notice, and with or without refund, to remove, suspend, bar, or otherwise decline that listing and/or the user account associated with such listing.