The following terms and conditions constitute a legally binding agreement between you and 2nd Address, Inc. (“2nd Address”, “we”, “us” or “our”). This Agreement governs all use of the www.2ndAddress.com website (“Site”), any mobile, tablet and desktop applications we may provide (collectively, “Apps”), and all associated services. The Site, Apps and associated services are collectively referred to herein as the “Service”. The Service is offered subject to acceptance, without modification, of all of the terms and conditions contained herein and all other rules, policies and procedures that are published from time to time on the Site or in the Apps by 2nd Address, such as our Guest Terms of Service and Host Terms of Service (collectively, the “Agreement”).
The Service is available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Service. 2nd Address may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICE. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE, DOWNLOADING ANY MATERIALS OR COMPLETING THE REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
The Site is a venue where user (“Guests”) can locate and rent properties (“Listings”) from property owners or managers (“Hosts”). 2nd Address does not own, manage or control the Listings. Guests and Hosts are also subject to Guest Terms and Host Terms, respectively (which, for clarity, are deemed part of this Agreement).
2nd Address may modify this Agreement at any time as set forth below. If we make changes, we will post the updated Agreement on the Site and update the “Last Updated” date above. We will also provide you with email notice of pending changes - thirty (30) days in advance. If you do not terminate this Agreement before the date the modified Agreement become effective, your continued access to or use of the Service will constitute acceptance of the modifications.
- Your Service Account
As a condition to using the Service, you may be required to register with 2nd Address and select a password and a user ID (“User ID”). Your User ID and password, together with any other contact information you provide become your “Customer Record.” You shall provide 2nd Address with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You must ensure that your Service account contains (at all times) a valid email address. In addition, you shall not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene. 2nd Address reserves the right to refuse registration of, or cancel, a User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your 2nd Address password. You shall never use another user’s account without such other user’s express permission. You shall never transfer or assign your account to any third party. You will immediately notify 2nd Address of any unauthorized use of your Service account, or other account-related security breach of which you are aware (such notification must be sent by you to firstname.lastname@example.org.
Also, if you elect to create a Service account, or sign in to the Service, through a third party site or service (such as, Facebook or Google) – you authorize 2nd Address to use your third party service account credential for such purposes.
You shall not, nor permit or encourage anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Service; (iii) rent, lease, or use any part of the Service for any commercial purpose (other than publishing and booking Listing as intended by the nature of the Service); (iv) remove or obscure any proprietary notices included in the Service by 2nd Address or any third party; (v) use the Service in violation of any laws, regulations or third party rights (including, without limitation, privacy rights and intellectual property rights); (vi) send unsolicited communications, promotions, advertisements or spam through the Service; (vii) send any harassing, defamatory or illegal content through the Service (or any content that otherwise infringes or violates the rights of any third party); (viii) interfere or disrupt the operation of the Service, or any user’s access to the Service, in any way (such as, by introducing any virus or malware to, overloading, flooding, spamming, or mail-bombing the Service, or introducing any other material or content which is malicious or technologically harmful); (xi) access, tamper with, or use non-public areas of the Service, 2nd Address’ computer systems, or the technical delivery systems of 2nd Address’ providers without 2nd Address’ authorization (such as, 2nd Address providing you with an account and password to a non-public area); (xii) use any engine, software, tool, agent, device, mechanism or the like to access, search, or download intellectual property from the Service, such as scripts, bots, spiders, crawlers, or scrapers; or (xiii) probe, scan, or test the vulnerability of any 2nd Address system or network or breach any security or authentication measures.
2nd Address may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform with any provision of this section.
You agree that the Service contains information and other content specifically provided by 2nd Address or its partners and that such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by 2nd Address in writing, you shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such content. Reproducing, copying or distributing any such content, including any materials or design elements on the Service, for any other purpose is strictly prohibited without the express prior written permission of 2nd Address.
Anything a user post, upload, share, store, or otherwise provide through the Service is “User Content”. For example, a Host may post picture of a Listing – such pictures are “User Content”. In order to display your User Content on the Service, you grant us certain rights in your User Content.
For all your User Content, you hereby grant 2nd Address a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such content, in each case to enable us to operate the Service, as described in more detail below. This is a license only – your ownership in your User Content is not affected.
If you store your User Content in your own personal Service account, in a manner that is not viewable by any other user except you, (“Personal Content”), you grant 2nd Address the license above, as well as a license to display, perform, and distribute your User Content for the sole purpose of making that content accessible to You and providing the Service to you.
If you share your User Content in a manner that only certain specified users can view (for example, if a Guest send a Host a question through the Service) (“Limited Audience Content”), then you grant 2nd Address the licenses above, as well as a license to display, perform, and distribute your Limited Audience Content for the purpose of making that Limited Audience Content accessible to such other specified users, and providing the services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience Content, and to use and exercise all rights in it, as permitted by the functionality of the Service.
If You share Your Content publicly on the Service (“Public Content”), then you grant 2nd Address the licenses above, as well as a license to display, perform, and distribute your Public Content for the purpose of making that Public Content accessible to all Service users and providing the services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public Content in connection with the Service (and/or otherwise in connection with 2nd Address’ business, for any purpose, provided that 2nd Address will try to notify you if it uses your Public Content for any marketing purposes). Also, you grant all other users of the Service a license to access your Public Content, and to use and exercise all rights in it, as permitted by the functionality of the Service.
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, transferable, irrevocable, royalty free, fully paid-up and worldwide, provided that when you delete your Service account, we will stop displaying your User Content to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from our systems, networks and records, and that Your Content may also remain viewable elsewhere to the extent that they were copied or stored by other users or shared by you to any third party website or service (such as Facebook).
Finally, you understand and agree that 2nd Address, in performing the required technical steps to provide the Service to our users (including You), may need to make changes to Your Content to conform and adapt your User Content to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
You represent and warrant that (i) you have all right, title and interest in any to all of your User Content to grant the all of the foregoing licenses, (ii) none of your User Content will violate or infringe any laws, regulations or third party rights, (iii) all your User Content will be accurate, truthful and up-to-date at all times, (iv) your User Content will not be pornographic, obscene, violent or otherwise offensive.
2nd Address may charge Hosts and/or Guests fees in consideration of using the Service (collectively, " Fees"). For example, Guests will be charge for booking Listings to stay at. You will be responsible for all associated taxes. Applicable Fees and taxes will be displayed to your prior to your booking, listing or other activity associated with a Fee. All amounts are due in U.S. Dollars. You acknowledge and agree that 2nd Address may use a third-party payment processor to help facilitate payments hereunder. To the extent payment is with a credit card – you warrant you are the owner or authorized user of the applicable card – and that we, and our payment processor, may charge such card. Except as otherwise set forth by 2nd Address on the Site or in the Apps – all Fees are non-cancellable and non-refundable. For more information, see our Fees terms.
You acknowledge that a key component and integrity of the Service is the ability of users to leave feedback on Guests, Hosts and Listings (whether positive, neutral or negative) and for other users to read and evaluate those feedback reviews and make voluntary choices based upon that feedback. Therefore:
- You agree to only provide truthful and fair feedback. You also agree to not accept any payment or other consideration in exchange for influencing your feedback (such as, accepting payment in exchange for providing positive feedback with respect to any Helper).
- You agree that you shall not (and shall not attempt to): (A) improperly influence the feedback of any Service user in any manner; (B) post, cut and paste, and/or copy the content of user feedback review from the Site or App to your personal or business website, to any third party website, and/or on any of personal, business, or third party marketing materials (regardless of the form); or (C) if you are a Host, not post or attempt to post, in any manner or by any means, a feedback review of your Listings.
- Links to Third Parties
From time to time, we may, with permission from the site or application owner, decide to link to third party websites or applications (collectively, “Third Party Services”) that we determine may be of interest to our visitors. These Third Party Services offer educational, governmental or other resources or may be owned or controlled by other third parties.
We are not responsible for the content, information, products, or services of any Third Party Services, any link(s) contained therein, or any changes or updates to the information contained therein. 2nd Address provides links to Third Party Services only as a convenience and the inclusion of any such link on the Site or in the Apps does not imply 2nd Address’ endorsement of either the Third Party Service, the organization operating it, or any products or services of that organization. A visit to any Third Party Service from the Site or Apps via any such link is done entirely at your own risk.
Under no circumstances will 2nd Address be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with the use of, or reliance on, any content, goods or services available on any Third Party Service.
- Disclaimer of Warranties
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, INFORMATION, CONTENT AND SOFTWARE AVAILABLE OR THROUGH THE SERVICE) IS PROVIDED "AS IS" AND "AS AVAILABLE" AND 2nd ADDRESS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED.
EXCEPT AS SET FORTH IN OUR “GUEST ASSURED” PROGRAM, 2ND ADDRESS MAKES NO WARRANTIES WITH RESPECT TO THE LISTINGS.
IN THE EVENT 2ND ADDRESS ELECTS TO CONDUCT ANY BACKGROUND CHECKS OR IDENTITY VERIFICATIONS OF ANY GUESTS OR HOSTS – IT MAKES NO WARRANTY THAT THE RESULTS OF SUCH CHECK/VERIFICATIONS WILL BE COMPLETE, ACCURATE OR UP-TO-DATE.
SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS OF WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
- Limitations on Liability
IN NO EVENT SHALL 2ND ADDRESS, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE FOR ANY: (I) LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DAMAGES IN EXCESS OF (IN THE AGGREGATE) (A) THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SERVICE AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION ACCRUES, (B) IF YOU ARE A HOST, THE AMOUNTS PAID BY US TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION ACCRUES OR (C) IF NO AMOUNTS HAVE BEEN PAID OR OWED AS CONTEMPLATED BY SUBSECTIONS (A) OR (B) ABOVE, ONE HUNDRED U.S. DOLLARS (US$100).
THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. SOME STATES DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Disputes with Other Users
You agree that 2nd Address is not responsible for any complaints you may have with other users of the Service (such as other Hosts or Guests). If you have a dispute with one or more users of the Service, you release 2nd Address (and its officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” To the extent 2nd Address assists in the resolution of any dispute between any Guest and any Host, such assistance is only a courtesy and, therefore, you acknowledge that 2nd Address shall not be liable or otherwise responsible with respect to such dispute (or the resolution thereof).
You shall indemnify and hold harmless 2nd Address and its officers, directors, shareholders, and employees, from and against all claims, actions, demands, liabilities, damages, losses, settlements, penalties, fines, costs and expenses, including but not limited to attorneys’ fees, in whole or in part arising out of or attributable to: (i) your breach of this Agreement, (ii) your violation of any laws or regulations, (iii) your violation of any third party rights, (iv) damage you cause to any person or property, (v) disputes you have with other Service users (such as disputes contemplated by the “Disputes with Other Users” section above), (vi) your improper use of the Service, (vii) your negligence, willful misconduct or other fault, (viii) if you are a Host, your Listing (including injuries caused by defects or hazards in or around the Listing), and (ix) if you are a Guest, your stay at a Listing (including damages caused to the Listing). 2nd Address reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with 2nd Address in asserting any available defenses.
2nd Address may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, outstanding payment obligations, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Dispute Resolution
Information Resolution. If you have any concerns or complaint against 2nd Address, we would like to resolve the issue without resorting to formal court or arbitration proceedings. Therefore, before filing a claim against us, you agree to try to resolve the dispute informally by contacting our customer support team at email@example.com. We will attempt to resolve the dispute informally (and will contact you via email). If a dispute is not resolved within 30 days of submission, you may bring a formal proceeding as set forth below.
Arbitration. Any disputes that are not settled informally shall be settled by binding arbitration in accordance with the rules and procedures (“Rules”) of the American Arbitration Association (“AAA”). The Rules will be AAA’s Consumer Arbitration Rules if available. Arbitration shall be conducted by one (1) arbitrator selected in accordance with the Rules. In the event any telephonic or other streamlined procedures are available – they will be used. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in San Francisco, California using the English language. Notwithstanding the foregoing, either party may bring claims for equitable or injunctive relief before a court at any time.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by notifying 2nd Address in writing within 30 days of the date that you first become bound by this Agreement. Your opt-out request must be sent to: 2nd Address, Inc. firstname.lastname@example.org (ATTN: Arbitration Opt- out).
You must include your name and residence address, the email address you use for your Service account, and a clear statement that you want to opt-out of this arbitration agreement.
Arbitration Process. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the Rules, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to 2nd Address at: 2nd Address, Inc., email@example.com (Attn: Arbitration). In the event we initiate arbitration against you, we will send a copy of the completed form to the email and/or physical address we have on file associated with your Service account.
Evidence. If Your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents we and you submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the Rules. Subject to the 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.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $10,000, 2nd Address will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your complaint for arbitration was frivolous or was brought for an improper purpose (such as claims brought in bad faith). If you prevail in arbitration you will be entitled to an award of attorney's' fees and expenses (to the extent required by law). 2nd Address will not seek, and hereby waives all rights we may have, to attorneys' fees and expenses if we prevail in arbitration.
No Class Actions. You may only resolve disputes with 2nd Address on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
Modifications. Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any amendment to the foregoing arbitration terms or conditions (other than an amendment to any notice address or site link) in the future, such amendment shall not apply to any claim that was filed in a legal proceeding against 2nd Address prior to the effective date of the amendment. In addition, to reject any such amendment, you must notify us in writing within thirty (30) days of the date that you are first notified of the amendment (according to the procedures set forth in this “Dispute Resolution” section above). In the event you so reject an amendment, the amendment will not apply to you – but this “Dispute Resolution” section will otherwise remain in full force and effect (according the pre-amendment version you had already agreed to).
Going to Court; Jury Waiver. Subject to the arbitration provision above, you agree that the exclusive jurisdiction and venue for all disputes arising in connection with this Agreement shall be in the state and Federal courts located in San Francisco, California. You hereby submit to such jurisdiction and venue. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this Agreement. An arbitration decision may be confirmed by any court with competent jurisdiction. Any question as to the arbitrability of any claim will be decided by the arbitrator.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. 2nd Address shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond 2nd Address’ reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with 2nd Address’ prior written consent. 2nd Address may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California, without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement.
“2nd Address” as well as page headers, custom graphics, buttons, images and other content on the Site and in the Apps, are subject to trademark, service mark, trade dress, copyright and/or other proprietary or intellectual property rights or licenses held by 2nd Address, Inc. or its licensors, supplier or partners. Other trademarks, product names, service names and company names or logos used on the Site or in the Apps are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Site or Apps is strictly prohibited.
2nd Address respects the intellectual property rights of all third parties. We will terminate or take other appropriate action against any Service user who is the source of repeat infringement of copyright. If you are aware of or suspect any copyright infringement by any content on the Site or in the Apps, please refer to our Copyright Policy.
You may contact 2nd Address at the following address: