THIRDHOME Host Assurance
3RD HOME Limited, LLC Host Assurance Terms & Conditions
3RD HOME Limited, LLC (hereafter referred to as “3RD HOME Limited”, “we”, “us”, or “our”) provides a private member club that connects Host Member (hereafter referred to as “ Host”, “you”, or “your”) who deposit weeks into the club that are made available for booking by other Member Guests (defined below) seeking to book Weeks (defined below) with our Key (defined below) system (collectively, the “Services”), which Services are accessible at http://www.thirdhome.comand any other platform through which THIRDHOME Club makes the Services available (collectively, the “Site”).THIRDHOME Club refers to 3rd Home Club Limited, if you reside in the USA. For purposes of these THIRDHOME Host Assurance Terms and Conditions, “3RD HOME Limited ”, “we”, “us” or “our” shall also include, as applicable, THIRDHOME Club’s grantor under the THIRDHOME Club Contract Agreement or THIRDHOME Club’s claims adjuster.
Whether, as a Host Member (defined further below) you have enrolled one home for THIRDHOME Club membership or several homes for THIRDHOME Club membership, you may benefit from the THIRDHOME Host Assurance program (the “THIRDHOME Host Assurance”), the terms, limitations and conditions for which are set forth below (the “THIRDHOME Host Assurance Terms”). Please read these THIRDHOME Host Assurance Terms carefully.
YOU ACKNOWLEDGE AND AGREE THAT, BY BECOMING AN ACTIVE MEMBER (DEFINED BELOW) OF THE THIRDHOME CLUB YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE THIRDHOME HOST ASSURANCE TERMS. If you agree to these THIRDHOME Host Assurance 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 THIRDHOME Host Assurance Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
YOU MUST COMPLY WITH ALL OF THE REQUIREMENTS AND CONDITIONS IN THE THIRDHOME HOST ASSURANCE IN ORDER TO BE ELIGIBLE TO RECEIVE ANY PAYMENTS FOR COVERED LOSSES (DEFINED BELOW). YOUR FAILURE TO FULLY COMPLY WILL PREVENT YOUR RECOVERY FOR ANY COVERED LOSSES.
PLEASE CAREFULLY REVIEW THE DEFINITIONS OF “COVERED ACCOMMODATION,” “COVERED LOSSES,” “COVERED PROPERTY” AND “EXCLUDED PROPERTY” BELOW SO THAT YOU MAY IDENTIFY AND PROTECT PROPERTY NOT COVERED BY THE THIRDHOME HOST ASSURANCE.
You acknowledge and agree to use your best efforts to communicate with the Responsible Guest (defined below) as soon as possible after you discover any physical loss or damage to your Covered Property. You must notify the Responsible Guest about your complaint and attempt to resolve the loss or damage with the Responsible Guest. If you and the Responsible Guest are unable to come to a resolution within 14 days from the of the Responsible Guest’s confirmed reservation, you should complete and file a THIRDHOME Club Host Assurance Payment Request Form with the THIRDHOME Club as further described in Section IV below. You must also file a sworn Proof of Loss Form, and provide additional support documents, as more fully explained in Section IV, below.
You acknowledge and agree that any amount of Covered Losses payable to you under the THIRDHOME Host Assurance Program will be reduced by the amounts you have already collected for the same Covered Losses from a source other than the THIRDHOME Host Assurance Program, including without limitation: (i) amounts received under an insurance policy, guarantee or indemnity; (ii) a security deposit; or (iii) payment directly by the Responsible Guest or an Invitee (defined below), or other party or an insurer or guarantor of such party.
Except as permitted by law, these THIRDHOME Host Assurance Terms do not affect your statutory rights.
I. The THIRDHOME Host Assurance Program
THIRDHOME Club agrees to pay you, as a Host Member, to repair or replace your Covered Property damaged or destroyed as a result of a Covered Loss, subject to the limitations, exclusions and conditions in the THIRDHOME Club Host Assurance.
II. Key Defined Terms
The following capitalized terms shall have the following meanings:
A. "Actual Cash Value"means the amount it would cost to repair or replace damaged or destroyed Covered Property as a result of a Covered Loss, measured on the date of occurrence of such Covered Loss, with material of like kind and quality, with proper deduction for obsolescence and physical depreciation.
B. “THIRDHOME Club Host Assurance Payment Request Form”means THIRDHOME Club’s standard form as amended from time to time, accessible through the Site athttps://www.thirdhome.com/docs/legal/3RDHOME%20Payment%20Request%20Form%200815.pdf, that a Host Member uses to request payment from THIRDHOME Club pursuant to these THIRDHOME Club Host Assurance Terms.
C. “Covered Accommodation”means an accommodation located in the Territory that can be used as a residence and that is (i) owned or legally controlled by you as a Host during the period of the Responsible Guest’s stay at such accommodation and (ii) listed by you on the Site and booked by such Responsible Guest in compliance with the THIRDHOME Club Terms of Service.
D. “Covered Losses”means and is limited to direct physical loss or physical damage incurred by a Host Member to Covered Property of such Host located at a Covered Accommodation caused by the Responsible Guest or an Invitee of the Responsible Guest while staying at such Covered Accommodation booked by such Responsible Guest using THIRDHOME Keys and the THIRDHOME Membership Program. Covered Losses do not include any losses or damage described under Excluded Losses below.
E. “Excluded Losses”has the meaning set forth in Section III below.
F. “Covered Property”means and is limited to the following property located at a Covered Accommodation, or within 100 feet thereof, to the extent of your interest in such property, unless such property constitutes Excluded Property (as defined below):
G. “Excluded Property”means any of the following:
H. “Fine Arts”means paintings; etchings; printed photos; pictures; tapestries; rare or art glass; art glass windows, valuable rugs; statuary; sculptures; antique furniture; antique jewelry; bric-a-brac; porcelains; and similar property of rarity, historical value, or artistic merit. “Fine Arts” does not include automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, watercraft, aircraft, money, or securities.
I. “Host Club Member”means the THIRDHOME member owning a home that is being visited by a Guest member with a confirmed reservation.
J. “Guest Club Member”means the THIRDHOME member who has a confirmed reservation to stay at the home of the Host member.
K. “Active Club Member”means a member who has been admitted to the club, has paid all fees due, and acts pursuant to the guidelines of club behavior.
L. “Invitee”means a person invited to be present at a Covered Accommodation by a Responsible Guest.
M. “Limit”means $5000 for Members Club, $10,000 for President’s Club and $15,000 for Chairman’s Club/Chairman’s Club Plus or Founder’s Circle or its equivalent in the currency where the Covered Accommodation is located at the exchange rate applicable on the date of payment by THIRDHOME
N. “Ordinary Wear and Tear”means the deterioration in condition of property that occurs under normal use and conditions.
O. “Responsible Guest”means the Guest Member who booked your Covered Accommodation for the period during which you incurred the Covered Losses for which you request payment under these THIRDHOME Host Assurance Terms.
P. “Territory”means the countries for which the THIRDHOME Host Assurance is available, as announced by THIRDHOME Club from time to time.
III. Limitations and Exclusions
- any losses caused by a Guest Member or Invitee after the expiration of the confirmed reservation unless the damage has an approximate cause during the reservation.
- losses or damages for Covered Property, which arise out of any one reservation of a Covered Accommodation by a Responsible Guest, in excess of the Limit.
- losses or damages to Fine Arts which cannot be replaced with other of like kind and quality and any loss or damage from any repairing, restoration or retouching process.
- any losses, damages, cost or expense of whatsoever nature, directly or indirectly, caused by, relating to or resulting from any of the following:
- Excluded Property;
- acts of nature, including, but not limited to, earthquakes and weather related events such as hurricanes and tornadoes;
- excessive use of electricity, gas, fuel, water or other utilities provided for the Covered Accommodation;
- indirect or remote causes;
- interruption of business, loss of market and/or loss of use
- loss, damage, or deterioration arising from any delay;
- mysterious disappearance, loss, or shortage disclosed on taking inventory, or any unexplained loss of inventory;
- enforcement of any law or ordinance (i) regulating the construction, repair, replacement, use or removal of any property, including removal of debris, or (ii) requiring the demolition of any property, including the cost of removing its debris;
- animals, including injuries to animals, veterinary care, boarding, medications, and all other services associated with animals; or
- identity theft or identity fraud.
- any losses, damages, cost or expense of whatsoever nature, directly or indirectly, caused by or resulting from any of the following, regardless of any other cause or event contributing thereto:
- any hostile act or act of war, terrorism, insurrection or rebellion by governmental authority.
- actual or threatened malicious use of poisonous biological or chemical materials;
- nuclear reaction or radiation or radioactive contamination;
- seizure or destruction under quarantine or custom regulation, or confiscation by order of any governmental or public authority;
- contraband, or illegal transportation or trade;
- any dishonest act, including but not limited to theft, committed by you or any persons or entities retained by you to do anything in connection with Covered Property, unless such persons or entities are a Responsible Guest or Invitee and such act is done without your knowledge; or
- lack of electricity, fuel, water, gas, steam, refrigerant, sewerage, telephone or internet services due to external factors.
- the following conditions:
- faulty workmanship, material, construction or design from any cause;
- deterioration, depletion, rust, corrosion or erosion, inherent vice or latent defect;
- Ordinary Wear and Tear;
- settling, cracking, shrinking, bulging, or expansion of foundations, floors, pavements, walls, ceilings or roofs;
- changes of temperature or relative humidity; or
- damage caused by insects, animals or vermin (including pets);
- any losses, damages, claims, costs, expenses or other sums directly or indirectly arising out of or relating to mold, mildew, fungus, spores or other microorganism of any type, nature, or description, including but not limited to any substance whose presence poses an actual or potential threat to human health. This exclusion applies even if there is (i) any physical loss or damage to Covered Property; (ii) any peril or cause covered hereunder, whether or not contributing concurrently or in any sequence; (iii) any loss of use, occupancy, or functionality; or (iv) any action required, including but not limited to, repair, replacement, removal, cleanup, abatement, disposal, relocation, or steps taken to address medical or legal concerns.
IV. Claim Processing protocol for the THIRDHOME Host Assurance
A. IN ORDER TO BE ELIGIBLE TO OBTAIN PAYMENT UNDER THESE THIRDHOME HOST ASSURANCE TERMS, YOU MUST FULLY COMPLY WITH EACH OF THE FOLLOWING CONDITIONS. YOUR FAILURE TO FULLY COMPLY WILL PREVENT YOUR RECOVERY OF ANY COVERED LOSSES. IN ALL CASES, THE ONUS WILL BE UPON YOU TO DEMONSTRATE THAT YOU HAVE COMPLIED WITH THE FOLLOWING CONDITIONS.
- You must have incurred Covered Losses.
- The Covered Losses for which you seek payment must be covered under the THIRDHOME Host Assurance and payment to THIRDHOME Club under such THIRDHOME Host Assurance, and THIRDHOME Club in its sole discretion may make its payment of benefits under this THIRDHOME Host Assurance contingent upon the determination that any Covered Losses are covered under the THIRDHOME Host Assurance.
- You must have used reasonable efforts in connection with the stay of the Responsible Guest at such Covered Accommodation to comply with THIRDHOME Club’s Terms of Service as described athttp://www.thirdhome.com/pages/terms_and_conditions.
- You must inspect the applicable Covered Accommodation to determine whether there are any physical losses or damages to any Covered Property. If so, you must notify the Responsible Guest about your complaint and attempt to resolve the loss or damage with the Responsible Guest within 14 days of the termination of the date of termination of the responsible guest’s confirmed reservation. If you and the Responsible Guest are unable to come to a resolution you must complete and file a THIRDHOME Host Assurance Payment Request Form with THIRDHOME Club within twenty-one (21) days following the date of termination of the Responsible Guest’s confirmed reservation of the applicable Covered Accommodation.
- For all Covered Property which is damaged or destroyed due to a violation of law or criminal act or misdemeanor and for which you are filing an THIRDHOME Host Assurance Payment Request Form, you must file a police report listing such Covered Property and provide THIRDHOME Club with a copy of such report, certified by you as true and correct.
- You must provide THIRDHOME Club with proof of ownership of, or legal responsibility for, the Covered Property in the form of receipts, photographs, videos, documents or other customary forms of proof (including, but not limited to, appraisal or valuation forms or notices addressed to you) certified by you as true and correct and reasonably acceptable to THIRDHOME Club.
- You must deliver a signed and sworn proof of loss to us within sixty (60) days of the date of termination of the Responsible Guest’s confirmed reservation for which you have incurred the Covered Loss, unless we provide a written extension of such deadline. The proof of loss must state your knowledge and belief as to the following:
- The time, cause and origin of the Covered Loss, and evidence and proof such loss in the form of receipts, photographs, videos, documents and other verifiable forms of proof.
- The ownership, leasehold or other interest of you and all other parties in the Covered Property for which Covered Loss is claimed.
- The Actual Cash Value and replacement value of each item of the Covered Property, as well as the current appraised value in the case of Fine Arts articles, that is the subject of the Covered Loss and the amount of such loss or damage to each item of such Covered Property.
- All liens, encumbrances, mortgages, guarantees and all other contracts of insurance, whether valid or not, covering the Covered Property that is the subject of the Covered Loss.
- Any changes in the title, use, occupation, location, possession, or exposures of the Covered Accommodation since the date of the Listing.
- The identity of and other information known about the Responsible Guest, any Invitee and any other party present at or using the Covered Accommodation where the Covered Property is located for which the Covered Loss is claimed on the date of the Covered Loss, and the purpose for which such Covered Accommodation was being used by such parties on such date and whether or not it then stood on leased ground.
- The date when you contacted the Responsible Guest to request payment for the loss you are claiming, and the date on which the Responsible Guest declined or failed to pay for the loss.
- As part of the signed and sworn proof of loss described above, you must provide THIRDHOME Club with all information reasonably requested by THIRDHOME Club to enable THIRDHOME to determine the Actual Cash Value with respect to Covered Property, including: the original purchase price of such Covered Property, the date such Covered Property was acquired, the condition of such Covered Property and the estimated cost of repair or replacement of such Covered Property.
- You must (i) protect and preserve damaged Covered Property from further loss or damages and (ii) promptly separate the damaged and undamaged Covered Property, put it in the best possible order, and furnish a complete inventory of the lost, destroyed, damaged and undamaged property showing in detail the quantities, costs, Actual Cash Value, and amount of loss claimed.
- You must, as often as may be reasonably required, at such reasonable times and places that may be designated by THIRDHOME or its respective designees, (i) exhibit all that remains of any damaged Covered Property and sign the written records of examination; (ii) produce for examination all books of accounts, business records, bills, invoices, and vouchers (either originals or certified copies if originals are lost) and (iii) permit extracts and machine copies to be made of the above.
- You must permit THIRDHOME or its designee(s) to make inspections of Covered Property at all reasonable times. However, the right to make inspections, the making of inspections, and any analysis, advice, or inspection report will not constitute an undertaking by THIRDHOME Club’s insurer to determine or warrant that damaged Covered Property is safe and habitable. We will have no liability to you or any other person because of any inspection or failure to inspect.
- You must cooperate with THIRDHOME Club, including signing any documents, and timely responding to any reasonable requests by THIRDHOME Club for additional information or documentation that THIRDHOME may require or request to process the applicable THIRDHOME Host Guarantee Payment Request Form.
- With respect to Covered Property subject to a loan, mortgage or other security interest, you must notify your lender/mortgagee in writing of any loss that exceeds fifty thousand US dollars (US $50,000), and provide THIRDHOME Club with a copy of such notice. If the lender/mortgagee notifies you that the lender/mortgagee seeks insurance and/or reimbursement proceeds for the loss, you must notify THIRDHOME Club in writing of the lender/mortgagee’s request and transmit a written copy of said request to THIRDHOME Club, and provide all other information to enable THIRDHOME Club to communicate directly with the lender. If such loss is determined to be a Covered Loss, we will pay the loss benefit(s) to the lender up to the value of the mortgage (subject to the exclusions, limitations and conditions herein), and we will not pay you unless and until your monetary obligation to the lender/mortgagee has been satisfied. This condition shall apply to the extent of applicable law in your jurisdiction.
- You will have full rights to the possession and control of damaged Covered Property if proper testing is done to show which property is physically damaged. You, using reasonable judgment, will decide if the physically damaged Covered Property can be reprocessed or sold. If you determine that the Covered Property is unfit for reprocessing or sale, the property will not be sold or disposed of except by you or with your consent. Proceeds from the sale or other disposition of such Covered Property will go to (i) the THIRDHOME Club or its insurer at the time of the Covered Loss settlement, or (ii) you if such sale or disposition proceeds are received prior to Covered Loss settlement and such proceeds will reduce the amount of the Covered Loss payable to you.
V. Disposition of Host Member Payment Requests
A. THIRDHOME Club Host Assurance Payment Request Form
THIRDHOME Club will complete its processing of any THIRDHOME Host Assurance Payment Request Form that you file within a reasonable period following the date you have (a) completed and filed an THIRDHOME Host Assurance Payment Request Form, and (b) provided THIRDHOME Club with all information and materials that you are required to provide to comply with the conditions set forth in “Claim Processing protocol for the THIRDHOME Host Assurance” above. In any event, we will use commercially reasonable efforts to complete processing of your THIRDHOME Host Assurance Payment Request Form within 45 days after our receipt of such documents and information. If you receive an Approved Payment Request (as defined below), then as a condition to payment to you under the THIRDHOME Host Assurance, you will be required to execute and deliver to THIRDHOME Club the “THIRDHOME Club Host Assurance Approved Payment Request Agreement”, which includes your agreement:
- to assign to THIRDHOME Club or its grantor any rights and remedies you may have to recover amounts paid to you with respect to an Approved Payment Request (defined below) from the Responsible Guest or from an Invitee or from any other party that is financially responsible for the Approved Payment Request;
- to reasonably cooperate with us, including, at our request, appearing as a witness in any court, arbitration or like proceeding, if we seek to recover the amount paid to you with respect to an Approved Payment Request from the Responsible Guest or from an Invitee or from any other party;
- to release and hold harmless THIRDHOME Club and its grantor and all officers, directors, employees, contractors and agents of THIRDHOME Club from any further liability or obligations with respect to the facts and circumstances of the matters and incident set forth in the THIRDHOME Club Host Assurance Payment Request Form;
- to treat as “confidential information” the contents and existence of such THIRDHOME Club Host Assurance Payment Request Form and Approved Payment Request Payment Agreement; and
- to refund to us any amounts that are erroneously paid to you with respect to an Approved Payment Request, such determination by us to be based upon factors including, but not limited to, documentation in our possession, your actions, and police reports, if applicable.
B. Approved Payment Request
If you have filed an THIRDHOME Club Host Assurance Payment Request Form and such a payment request is approved in whole or in part for a Covered Loss (any such approved payment request, an “Approved Payment Request”), you will be paid the amount of the Covered Loss as calculated by THIRDHOME. The process for such calculation of Covered Losses is described under “Determination of the Amount of the Covered Loss” below. You will be notified by THIRDHOME Club and, as a condition of payment hereunder, you will be required to deliver to THIRDHOME Club an executed Approved Payment Request Agreement. THIRDHOME Club may use third party service providers to assist in the processing of the THIRDHOME Host Assurance Payment Request Forms and THIRDHOME may use third party service providers to assist in the investigation and adjustment of payment requests relating thereto.
For an Approved Payment Request that involves Covered Losses for Covered Property that is owned by a party other than you, we reserve the right, in our sole discretion, to pay all or a portion of the amount covered in such Approved Payment Request either to you or directly to the owner of such Covered Property. If a THIRDHOME Host Assurance payment for all or a portion of such amount is made directly to the owner of such Covered Property, then you agree that such payment will be treated for purpose of the Approved Payment Request as being paid to you directly, and that you will be solely responsible for collecting from the owner of such Covered Property any portion of such payment to which you believe you are legally entitled. For clarity, your indemnification obligations set forth below under the paragraph entitled “Indemnification” will apply to claims arising from any payments made pursuant to the THIRDHOME Host Assurance, including without limitation any payments made directly to the owner of any Covered Property.
C. Determination of the Amount of the Covered Loss
The scope of the benefits afforded herein shall be determined and based upon the Host Member’s Membership level as the date of the commencement of the Responsible Guest’s confirmed reservation, provided the Membership level is not reduced during the the term of the confirmed reservation; otherwise, the benefits shall be determined by the Membership level in place at the conclusion of the confirmed reservation to the extent the Membership level was reduced during the term of the confirmed reservation. An increase in Membership level during a confirmed reservation shall not serve to increase the scope of the benefits defined by, and in place as of the commencement of the confirmed reservation.
The amount of Covered Losses will be computed as of the date of loss, at the location of the loss, and for not more than your interest, subject to the following:
- On exposed films, records, manuscripts, and drawings, the value plus the cost of copying information from back-up or from originals of a previous generation. Costs of research, engineering, or restoring or recreating lost information will not be paid.
- On Fine Arts articles, the lesser of (i) the reasonable and necessary cost to repair or restore such property to the physical condition that existed on the date of loss; (ii) the cost to replace the article; and (iii) the current appraised value. If the Fine Arts article is part of a pair or set, you will not be paid (1) for the cost of replacing any undamaged or remaining items that form part of such pair or set, (2) more than the proportion that the loss or damaged item bears to the insured value of such pair or set, or (3) the cost of replacing or repairing any undamaged parts of the Fine Arts articles which form part of a pair, set or suite or part of a common design or function when the loss or damage is restricted to a clearly identifiable area or to a specific part.
- For all Covered Property (other than that described in paragraphs C1 and C2 above), the loss amount will not exceed the lesser of: (i) the cost to repair such damaged Covered Property; (ii) the cost to rebuild or replace such Covered Property on the same site with new materials of like size, kind, and quality; (iii) the cost to rebuild, repair, or replace on the same or another site, but not to exceed the size and operating capacity that existed on the date of the Covered Loss; (iv) the cost to replace unrepairable electrical or mechanical equipment, including computer equipment, with equipment that is the most functionally equivalent to that damaged or destroyed, even if such equipment has technological advantages and/or represents an improvement in function and/or forms part of a program of system enhancement; or (v) the Actual Cash Value if such property is not repaired, replaced, or rebuilt on the same or another site within two years from the date of loss.
- Any amount of any Covered Losses payable under the THIRDHOME Club Host Assurance will be reduced by the amount already paid to you or for your benefit by a Responsible Guest, Invitee or other source (such as an insurer or other responsible party) for the same Covered Loss.
- Covered Losses will be paid in the currency of the United States of America unless, in THIRDHOME Club ’s sole discretion, THIRDHOME Club elects to pay losses in a different currency. If currency conversions are required, we use a monetary system-wide rate the day of loss.
YOU ARE NOT AN INSURED OR OTHER THIRD PARTY BENEFICIARY UNDER THE THIRDHOME HOST ASSURANCE. TO THE EXTENT YOU DESIRE ADDITIONAL PROTECTION BEYOND THE COVERAGE AFFORDED BY THE THIRDHOME CLUB HOST ASSURANCE, THIRDHOME CLUB STRONGLY ENCOURAGES YOU TO PURCHASE INSURANCE THAT WILL COVER YOU AND YOUR PROPERTY FOR LOSSES CAUSED BY GUESTS OR GUESTS’ INVITEES IN THE EVENT THIRDHOME CLUB OR ITS GRANTOR DECLINES COVERAGE FOR CLAIMS UNDER THE THIRDHOME HOST ASSURANCE OR YOUR LOSS IS NOT OTHERWISE COVERED BY THE THIRDHOME HOST ASSURANCE.
VI. Acknowledgments and Agreements by the Host Member
A. You acknowledge and agree that: ol li | The THIRDHOME Club Host Assurance is a guarantee of obligations of a Responsible Guest to you and is dependent upon you pursuing any rights and remedies you may have to recover amounts paid by THIRDHOME Club to you with respect to an Approved Payment Request from the Responsible Guest or from an Invitee or from any other party that is financially responsible for the Approved Payment Request. li | THIRDHOME Club provides Host Members with the THIRDHOME Club Host Assurance benefits described herein solely for the purpose of promoting use of the Site, Application and Services by building customer loyalty and strengthening customer confidence as to use of the Site, Application and Services. li | These THIRDHOME Club Host Assurance Terms are not intended to constitute an offer to insure, do not constitute insurance or an insurance contract, and do not take the place of insurance obtained or obtainable by you. Furthermore, these THIRDHOME Club Host Assurance Terms are not an insurance service agreement as defined in a standard ISO renter’s or homeowner’s insurance policy. li | The benefits provided under these THIRDHOME Club Host Assurance Terms are solely as set forth in the paragraph entitled “THIRDHOME Club Host Assurance” above and such benefits are not assignable or transferable by you, including without limitation any transfer or assignment by operation of law or in connection with your divorce or death. li | THIRDHOME Club and/or its payor reserve the right to independently investigate (or to have independently investigated) at our sole discretion and expense, the facts and circumstances of a payment request set forth in any THIRDHOME Club Host Assurance Payment Request Form that you file with THIRDHOME Club, notwithstanding your delivery of all information and materials that you are required to provide THIRDHOME Club in order to comply with the conditions set forth in the paragraph entitled “Claim Processing protocol for the THIRDHOME Host Assurance.”
B. You acknowledge and agree that if you make a claim under this Host Assurance, you give THIRDHOME Club consent to review all communications between you and the allegedly Responsible Guest via the Site.
C. THIRDHOME Club reserves the right, at any time, to offset or deduct from the amounts payable or paid by THIRDHOME Club to you under these THIRDHOME Host Assurance Terms, any amounts that it may have in its possession, or to subsequently collect, from any other person or entity who is obligated to compensate you for losses or damages.
D. Because these THIRDHOME Host Assurance Terms constitute a guarantee agreement, the theory of exoneration applies. Thus, if the Covered Property in question or the risk associated with that Covered Property changes materially, THIRDHOME Club will be entitled to exoneration with respect to any potential guaranty obligation under these THIRDHOME Host Assurance Terms.
VII. Modification or Termination of THIRDHOME Club Host Assurance Terms
To the extent permissible by applicable law in your jurisdiction, THIRDHOME Club reserves the right to modify or terminate these THIRDHOME Host Assurance Terms, at any time, in its sole discretion, and without prior notice. If THIRDHOME Club terminates these THIRDHOME Host Assurance Terms in accordance with the foregoing, THIRDHOME Club will provide you with notice of such termination and THIRDHOME Club will continue to process all THIRDHOME Club Host Assurance Payment Request Forms that you filed prior to the effective date of termination, but your right to file any new THIRDHOME Club Host Assurance Payment Request Forms will immediately terminate. If THIRDHOME Club modifies these THIRDHOME Club Host Assurance Terms, we will post the modification on the Site or provide you with notice of the modification and THIRDHOME Club will continue to process all THIRDHOME Club Host Assurance Payment Request Forms that you filed prior to the effective date of the modification. By continuing to access or use the Site or Services as a Host Member 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 THIRDHOME Club Host Assurance Terms. If the modified THIRDHOME Club Host Assurance Terms not acceptable to you, your only recourse is to cease using the Site and Services as a Host Member.
In addition to and without limiting THIRDHOME Club’s rights set forth above in the immediately preceding paragraph, THIRDHOME Club reserves the right to modify or terminate these THIRDHOME Club Host Assurance Terms generally or in any jurisdiction, at any time, in its sole discretion, if: (i) these THIRDHOME Club Host Assurance Terms are construed to be an offer to insure or constitute insurance or an insurance contract or insurance service agreement by any governmental or regulatory authority in any jurisdiction; (ii) THIRDHOME Club is required to obtain a license or permit of any kind to continue to provide these THIRDHOME Club Host Assurance Terms in any jurisdiction; or (iii) THIRDHOME Club determines or a court or arbitrator holds that the provisions of these THIRDHOME Club Host Assurance Terms violate applicable law. If THIRDHOME Club modifies or terminates these THIRDHOME Club Host Assurance Terms in accordance with the foregoing, THIRDHOME Club will process all THIRDHOME Club Host Assurance Payment Request Forms that you file prior to or as of the effective date of such modification or termination unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority.
THIRDHOME Club’s obligations hereunder are contingent upon the availability of contract agreement proceeds under the THIRDHOME Club Host Assurance. The applicable terms and conditions of such agreement will be the terms and conditions in effect on the date of the Covered Loss, and not the terms and conditions in effect on the date that the Responsible Guest booked or reserved the applicable Covered Accommodation or the date on which the Host Member deposited Weeks for the Covered Accommodation. If the agreement terms and conditions change in any material respect between the date of the confirmed reservation and the first date of the Guest’s stay, THIRDHOME Club will use its best efforts to notify you of the change(s) pursuant to the procedures set forth above in this section.
3RD HOME Limited and/or THIRDHOME Club Host Assurance contract agreement grantor have the right to subrogate against any person or entity whatsoever who allegedly is responsible for causing the losses or damages in question, even if that person or entity is you. Further, you hereby agree that, with respect to any payments made under the THIRDHOME Club Host Assurance by, or on behalf of, THIRDHOME Club, you will assist in and cooperate fully with THIRDHOME Club regarding any and all efforts at subrogation.
IX. Disclaimers and Limitations of Liability
IF YOU CHOOSE TO USE THE SITE, APPLICATION, OR SERVICES AS A HOST MEMBER OR ACTIVE MEMBER, YOU DO SO AT YOUR SOLE RISK. THE THIRDHOME CLUB HOST ASSURANCE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THIRDHOME CLUB EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THIRDHOME CLUB MAKES NO WARRANTY THAT THE THIRDHOME CLUB HOST ASSURANCE WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THIRDHOME CLUB OR THROUGH THE SITE, APPLICATION, OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
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, APPLICATION AND SERVICES, AND YOUR LISTING OF ANY ACCOMMODATIONS VIA THE SITE, APPLICATION AND SERVICES REMAINS WITH YOU. NEITHER THIRDHOME CLUB NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION AND SERVICES 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 FOR ANY DAMAGES FOR (1) PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE THIRDHOME CLUB MEMBERSHIP GUARANTEE TERMS, (2) FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION OR SERVICES, (3) FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, OR (4) FROM YOUR LISTING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES. THIRDHOME CLUB WILL NOT BE LIABLE FOR ANY SUCH DAMAGES DESCRIBED ABOVE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THIRDHOME CLUB 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 THIRDHOME CLUB’S OBLIGATION TO PAY AMOUNTS TO YOU PURSUANT TO AN APPROVED PAYMENT REQUEST UNDER THESE THIRDHOME CLUB HOST ASSURANCE TERMS, IN NO EVENT WILL THIRDHOME CLUB’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH (A) THESE THIRDHOME CLUB HOST ASSURANCE TERMS; (B) YOUR USE OF OR INABILITY TO USE THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, POSTING A LISTING, (C) ANY ACCOMMODATION AND (D) YOUR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS PAID BY YOU TO THE THIRDHOME Club IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($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 THIRDHOME CLUB AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION FOR CERTAIN LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
X. General Provisions
You agree to release, defend, indemnify, and hold THIRDHOME Club and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the 3RD HOME Limited and these THIRDHOME Club Host Assurance Terms.
You may not assign or transfer these THIRDHOME Club Host Assurance Terms, by operation of law or otherwise, without THIRDHOME Club’s prior written consent. Any attempt by you to assign or transfer these THIRDHOME Club Host Assurance Terms, without such consent, will be null and of no effect. THIRDHOME Club may assign or transfer these THIRDHOME Club Host Assurance Terms, at its sole discretion, without restriction. Subject to the foregoing, these THIRDHOME Club Host Assurance Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these THIRDHOME Club Host Assurance Terms, will be in writing and given by THIRDHOME Club (i) via e-mail (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
D. Controlling Law
The laws of the state of TN shall govern and apply to the interpretation and enforcement of all terms herein. In connection herewith, you consent to the jurisdiction of the state of TN in connection with any arbitration proceeding commenced with regard to the interpretation or enforcement of these terms.
E. Dispute Resolution
General. You and THIRDHOME Club agree that any dispute, claim or controversy arising out of or relating to these THIRDHOME Club Host Assurance Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) shall be resolved by binding arbitration, in accordance with the provisions of The American Arbitration Association, and that the appropriate forum for said arbitration shall be in Nashville, Davidson County, TN. You acknowledge and agree that you and THIRDHOME Club 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 THIRDHOME Club 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 THIRDHOME Club Host Assurance Terms.
F. Arbitration Rules and Governing Law
Uniform Arbitration Act (2000) – USA
Arbitration Process –
Per UAA (2000)
Arbitration Location and Procedure.
State of Tennessee, USA and UAA (2000)
Changes. Notwithstanding the provisions of the “Modification or Termination of THIRDHOME Club Host Assurance Terms” section above, if THIRDHOME Club changes this “Dispute Resolution” section after the date you first accepted these THIRDHOME Club Host Assurance Terms (or accepted any subsequent changes to these THIRDHOME Club Host Assurance Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of THIRDHOME Club’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and THIRDHOME Club in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these THIRDHOME Club Host Assurance Terms (or accepted any subsequent changes to these THIRDHOME Club Membership Guarantee Terms).
G. Waiver and Severability
The failure of THIRDHOME Club to enforce any right or provision of these THIRDHOME Club Host Assurance 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 THIRDHOME Club. Except as expressly set forth in these THIRDHOME Club Host Assurance Terms, the exercise by either party of any of its remedies under these THIRDHOME Club Host Assurance Terms will be without prejudice to its other remedies under these THIRDHOME Club Membership Guarantee Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these THIRDHOME Club Host Assurance Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these THIRDHOME Club Host Assurance Terms will remain in full force and effect.
XI. Contacting THIRDHOME Club
If you have any questions about these THIRDHOME Club Host Assurance Terms, please contact THIRDHOME Club