Mint House Inc.
Terms of Service
Last updated: April 2nd, 2019
Mint House offers fully furnished, high-end affordable accommodations (the “Units”) for the modern business traveler that combine the comforts of home and the quality of luxury apartments and hotels (the “Property”) on a short-term basis for guests (“Guests”) to stay. The website at and any other websites or mobile applications relating to Mint House or the Units (the “Sites”) and the various other related services, features, functions, software, properties, applications, websites and networks (together with the Units and the Site, collectively, the “Mint House Services”) are provided and operated, and are being made available to you, the other Guests and the other users of any of the Mint House Services (collectively, “Users”) by Mint House Inc. and its parent, subsidiaries and affiliates (collectively “Mint House”, “us” or “we”). All defined terms used herein shall have the meanings prescribed to these terms in these Terms of Service (these “Terms”).
Please read these Terms carefully as they contain important information regarding your legal rights, remedies and obligations, including an Arbitration provision which will, with limited exception, require you to submit disputes you have against Mint House to binding and final arbitration.
To make a reservation, rent a Unit or access and use the Sites and the other Mint House Services, you must be at least 18 years of age. By making a reservation, renting a Unit, or accessing or using the Sites or other Mint House Services, you represent that: (a) you satisfy the eligibility requirements and have not been previously suspended or removed from a Unit or any of the other Mint House Services or prohibited from making a reservation for, or renting, any Unit or accessing and using the Sites; (b) you confirm that you are of legal age to form a binding contract with Mint House; (c) you will comply with these Terms and all applicable local, state, national and international laws, rules and regulations; and (d) Mint House may conduct a background check on you to determine your eligibility (subject to the FAIR CREDIT REPORTING ACT section of these Terms).
MODIFICATION OF THESE TERMS
Mint House reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Sites or otherwise through the other Mint House Services. If Mint House updates these Terms, it will update the “last updated” date at the top of the Terms. Please check these Terms, including any Policies, periodically for changes. Your continued making of a reservation, renting of a Unit or use of Sites or other Mint House Services after the posting of changes constitutes your binding acceptance of such changes. In the event that a change to these Terms materially modifies your rights or obligations, Mint House will make reasonable efforts to notify you of such change. Mint House may provide notice through a pop-up or banner within any of the Mint House Services, by sending an email to any address you may have used to make a reservation, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, Mint House may require you to provide consent by accepting the changed Terms. If Mint House requires your acceptance of the changed Terms, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by Mint House, such amended Terms or Fees will automatically be effective, replacing the previously-effective Terms or Fees, 15 days after they are initially posted on any of the Mint House Services. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR RESERVATIONS AND THE USE OF THE SITES AND ALL OF THE OTHER MINT HOUSE SERVICES. To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply.
LICENSE GRANT; UNAUTHORIZED USE
Subject to your compliance with all of the terms and conditions set out in these Terms, Mint House hereby grants to you a limited, non-exclusive, non-transferable, freely revocable license to access and use the Sites and the other Mint House Services to the extent of, and in accordance with, these Terms. Mint House reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized reservations or renting of the Units or use of the Sites or any of the other Mint House Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
It is your responsibility to read and be familiar with these Terms. Compliance with these Terms by you and your guests and visitors will make your stay easier and more enjoyable. Failure to observe any of these Terms may result in the immediate termination of these Terms and the premature termination of your stay without refund. Access and use of parking facilities and common areas of a Property are also subject to, and governed by, these Terms. All reservations must be confirmed by Mint House to be binding. If you have not received a confirmation after making a reservation, please contact us at firstname.lastname@example.org.
On rare occasions, a Unit will become unavailable in situations beyond the control of Mint House such as a major appliance failure, utilities failure or damage. Under these circumstances, Mint House will make every effort to accommodate affected Guests in another Unit, but if Mint House in unable to do so, or if under such circumstance, you prefer to cancel with Mint House altogether and seek other accommodations, Mint House shall issue a full refund for any unspent nights. This is your sole remedy if a Unit becomes unavailable.
In addition to these general rules, each Property will also have its own building rules (e.g., gym hours, pool hours, etc.). You, your guests and visitors are expected to fully comply with these building rules. If you have any questions, please reach out to Mint House at 855-972-9090. For all Properties, you are required to ensure quiet hours from 9pm to 9am local time.
Different Properties may have different amenities and features (e.g., pool, gym, parking) (the “Amenities”). The actual Amenities at a Property will be identified on the Site. On occasion, some of the Amenities at a Property may not be available for a variety of reasons, including maintenance and private events. Mint House is not responsible if any of the Amenities are not available. In addition, certain Amenities may only be available to long term Guests and Guests who have stayed at our Properties frequently.
The Units and the Amenities are intended only for your personal use and the use of your guests. YOU EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE USE OF THE UNIT IS FOR TRANSIENT OCCUPANCY ONLY, AND THAT YOU DO NOT INTEND TO, AND WILL NOT, ASSERT A CLAIM THAT THE UNIT IS A RESIDENCE OR HOUSEHOLD OR MAKE THE UNIT A RESIDENCE OR HOUSEHOLD.
YOU AGREE THAT THERE SHALL BE NO SMOKING INSIDE THE UNIT OR ANYWHERE ON THE PROPERTY, INCLUDING ANY BALCONY. IF THERE IS SMOKING IN THE UNIT THERE WILL BE A MINIMUM CLEANING CHARGE FOR UPHOLSTERY, CURTAINS AND RUGS AND ANY ADDITIONAL COSTS TO REMEDY THE SITUATION, AS SET FORTH IN THE FEE SCHEDULE (AS DEFINED BELOW).
You shall maintain the Unit in a good and clean condition, and use the Unit and the Property only in a careful and lawful manner. Mint House may charge you a fee for any excessive cleaning needed for the Unit or Property at the amount set forth in the fee schedule located at https://www.minthouse.com/fee-schedule (the “Fee Schedule”). You acknowledge that there is no daily housekeeping service for the Unit. You shall be responsible for any damage to the Unit, including to appliances, fixtures and furnishings, and any missing items. You authorize Mint House to charge your credit card for the cost to repair any such damage or to replace any damaged or missing items plus an additional fee as set forth in the Fee Schedule.
You agree to be a good neighbor by respecting the rights of the surrounding occupants to a pleasant, safe and peaceful environment. You shall not create excessive noise or other situations likely to disturb or annoy the surrounding neighbors. You acknowledge that Mint House may monitor the noise level of the Unit electronically or otherwise. Events or parties in a Unit or in any other space in the Property are strictly prohibited. Mint House may charge you a party/over-occupancy fee as set forth in the Fee Schedule, in addition to other fees for cleaning, damage, etc.
MINT HOUSE AND THE OTHER MINT HOUSE PARTIES SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO ANY CASH, VALUABLES OR OTHER GOODS BROUGHT ONTO THE PROPERTY OR INTO THE UNIT BY YOU, YOUR GUESTS OR VISITORS, OR LEFT IN YOUR CAR WHILE IN THE PARKING FACILITY OF THE PROPERTY. IF YOU CHECK OUT OF THE UNIT BUT FORGET TO RECLAIM YOUR HAND LUGGAGE OR PERSONAL EFFECTS, MINT HOUSE, UPON DETERMINING THE OWNER OF THESE ITEMS, SHALL ATTEMPT TO CONTACT YOU AND ASK YOU FOR INSTRUCTIONS. HOWEVER, IN THE ABSENCE OF INSTRUCTIONS FROM YOU, OR IF MINT HOUSE IS UNABLE TO DETERMINE THE OWNER OF SUCH ITEMS, MINT HOUSE SHALL STORE THE ITEMS FOR UP TO SEVEN DAYS (INCLUDING THE DAY ON WHICH THESE ITEMS ARE FOUND) AND THEN DELIVER THEM TO THE NEAREST POLICE STATION (IF POSSIBLE) OR OTHERWISE DISPOSE OF THEM IN ANY WAY DETERMINED BY MINT HOUSE. Mint House shall not be liable for delivering these items to the nearest police station or otherwise disposing of them.
The Unit and the Property shall not be used to engage in any unlawful activity. Any such activity by any Guest shall be grounds for immediate termination of these Terms, and all Guests will be required to vacate the Unit and the Property immediately without refund.
See the Fee Schedule for other Fees (as defined below) that apply related to your use of the Unit.
Check-In and Check-Out; Extending Your Stay, Departures
You and your guests over 18 must have a valid driver’s license or passport and shall present them at check-in or at the request of Mint House. The check-in time on the first day of your stay and the check-out time on the last day of your stay shall be provided to you upon completion of your reservation or request. A delayed check-out interrupts the cleaning schedule and a fee per hour of delay as set forth in the Fee Schedule will be charged to you. If you desire to extend your stay, you shall contact Mint House at the number provided upon check-in, or through other means (e.g. app, text, email) as Mint House may provide to you, no less than 24 hours prior to your scheduled departure. Mint House cannot guarantee that it will be possible to extend a stay. Any extension of your stay must be confirmed by Mint House.
Guests shall follow the departure procedures specified by Mint House. The Unit shall be secured by closing all doors and windows. Upon final departure, the parking pass and door fob/key card shall be returned to Mint House. Failure to return the door fob/key card will be subject to our lost door fob/key card fee as set forth in the Fee Schedule.
Additional Guests; No Pets
You shall not exceed the occupancy limit of the Unit at any time. You shall not allow any additional persons to reside or sleep over at the Unit other than the specific adults and children specifically identified in the reservation (the “Registered Guests”) and other persons expressly allowed in the Unit by Mint House in its sole discretion. In any case, no more than two additional persons in excess of the number of Registered Guests will be allowed in any Unit (e.g., if the Unit has a queen bed that sleeps two and a pull-out sofa that sleeps two, then the maximum number of persons that are permitted in that Unit at any time is six).
Pets are not permitted in Units. If you arrive at the Property with a pet, you may not be allowed to check-in. In this event, your reservation will be cancelled and you will be charged for one night. If you bring any pets into a Unit, you are subject to our pet cleaning fee as set forth in the Fee Schedule in addition to any other penalties. Additional fees as set forth in the Fee Schedule will be assessed for any damage to the Unit or the Property, including without limitation, any furniture, or damage caused by or cleaning necessitated by “accidents.”
Mint House provides complimentary TV service and WiFi throughout the Unit. You shall promptly notify Mint House if there are any problems with the TV or the WiFi. Mint House staff shall attempt to remedy any disruption in service at the earliest opportunity. There shall be no refund for outages, content or lack thereof, lack of knowledge or personal preferences with regard to the TV or WiFi service.
Some Properties have parking for Guests. If you use the Property’s parking facilities (if applicable), you understand that Mint House is merely making a parking space available for your use and Mint House shall have no responsibility or liability for your vehicle, including any damage to the vehicle or the loss of any property kept in the vehicle.
Access and Inspection
You shall allow Mint House to access the Unit for purposes of cleaning, maintenance, repairs, and improvements. Mint House shall attempt to contact you at least 24 hours in advance of exercising this access right in all situations except for cleaning, emergencies or violations of these Terms. Mint House has the right to inspect the Unit without prior notice to enforce these Terms. Mint House may terminate your right to stay for breach of these Terms in its sole discretion. Upon termination of your stay for breach, you will promptly vacate the Unit and you will not be entitled to any refund.
Fees and Payments
The current fees to rent the Units (as modified from time to time, the “Unit Fees”) are available at www.minthouse.com. Other fees (e.g., pet cleaning, parking (if available), lost door fob or key card, smoking fees) (together with the Unit Fees, collectively, the “Fees”) are as set forth in these Terms, available at www.minthouse.com, or will be otherwise provided by Mint House for each Property. Mint House may modify the Fees for the Units and any other fees in connection with the Units in its sole discretion.
All Unit Fees shall be paid in advance by credit or debit card. All credit/debit card transactions are final. Mint House cannot make any changes to the credit/debit card after it has been charged. Mint House does not accept split payments. You authorize Mint House to keep your credit or debit card number on file for the Fees and charge your credit or debit card for any Fees. Reasons for additional fees include but are not limited to the following: outstanding balances, broken or missing items, smoking in the Unit or Property, damage to the Unit or furnishings, higher than customary post-stay cleaning costs, pet cleaning fees, and lost parking pass/door fob/key card fees. In addition, a $500 hold will be placed on your card or debit card through your date of check-out and such hold may not be released for up to 72 hours from the date of check-out or longer at the discretion of your card issuer.
Unless otherwise agreed by Mint House, all payments shall be made through a third-party payment processor directed by Mint House (any such third-party payment processor, the “Payment Processor”). By agreeing to these Terms or continuing to make reservations or renting a Unit, you agree to be bound by the applicable agreements of the Payment Processor. As a condition of Mint House’s enabling payment processing services through a Payment Processor, you agree to provide Mint House accurate and complete information about you, your business, your credit or debit card and such other information required by the Payment Processor, and you authorize Mint House to share it and any relevant transaction information related to your use of the payment processing services provided by the Payment Processor.
You are solely responsible for any occupancy and other taxes and fees associated with the renting of any Unit (the “Taxes”). To the extent that any Taxes are payable by Mint House, you shall promptly reimburse Mint House the amount of any such Taxes in addition to any other amounts owing to Mint House.
Modifications to the Units
Mint House reserves the right to modify or discontinue the renting of any of the Units without prior notice.
You may cancel your reservation for a Unit at least seven days prior to the check-in date without penalty. If you cancel or shorten your reservation for a Unit seven days or less, you are required to pay 100% of the Unit Fees for your reservation. Mint House can extend your reservation without penalty if Mint House has occupancy for the Unit. With Mint House’s prior approval, cleaning fees may be waived if you change Units during your stay.
Mint House provides on-Property support for all Units (as modified from time to time, “On-Property Support”). The contact information for your On-Property support will be provided when you check-in and is also available in your room. On-Property Support covers any problems that you encounter in your Unit, including problems with your TV, WiFi, toilets, if a fire alarm starts to “chirp” or has a low batter condition, etc.
Mint House shall also provide technical and other support with respect to reservations, the Units, the Sites and the other Mint House Services (a) by email at or (b) by phone at 855-972-9090. Support hours are 9:00am to 5:00pm EST, Monday through Friday with the exception of company holidays.
When making a reservation or renting any Unit, or using the Sites and any of the other Mint House Services, you will be subject to any additional posted policies, guidelines or rules applicable to the Units and the use of the Sites and features which may be posted from time to time (as added or modified from time to time, the “Policies”). All such Policies are hereby incorporated by reference into these Terms.
When you make a reservation to rent a Unit, you agree to provide current, complete and accurate information. You agree to promptly update any information that you provide, including your email address and credit card numbers and expiration dates, so that Mint House can complete your transactions and contact you as needed. If you change or deactivate the email that you used to make a reservation for any Unit, you must update your information within 72 hours to prevent Mint House from sending to someone else messages intended for you.
FAIR CREDIT REPORTING ACT
You acknowledge and agree that Mint House may, but is not obligated to, conduct a background check on you to determine eligibility, including without limitation by obtaining reports from consumer reporting agencies or otherwise reviewing publicly available information about you if you request to reserve a Unit, and including databases compiling information about rental and eviction history, credit history and criminal convictions. Mint House will comply with applicable laws in accessing and using such information. By requesting to reserve a Unit, you authorize Mint House to use your personal information (including name, address, date of birth or other identifying information) to obtain these reports and agree that Mint House may, in its sole discretion, suspend, cancel, block, restrict or terminate your access to the Sites and other Mint House Services, or reservations made or contemplated, based upon Mint House’s evaluation of such reports. You expressly agree that Mint House may, at its discretion, share such reports and your contact phone number with Mint House’s real estate partners, providers, agents, owners, and landlords.
Searches for these reports will be conducted by our third party provider, Vertical Rent, LLC, 3444 Marinatown Lane, Suite 19, Ft. Myers, FL 33903, phone: 866-599-5127. Should Mint House reject your request to reserve a Unit, or take any other adverse action against you, you have the right, upon written request made within 60 days of such adverse action, to request a copy of your report.
DIGITAL MILLENIUM COPYRIGHT ACT
It is Mint House’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. If you file a notice with our copyright agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). Mint House reserves the right to terminate without notice any User’s right to make a reservation or access to Sites and the other Mint House Services if that User is determined by Mint House to be a “repeat infringer.” In addition, Mint House accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
RESPECTING OTHER PEOPLE’S RIGHTS
Mint House respects the rights of others and so should you. You therefore may not post or send Content on the Sites or through any other Mint House Services that: (a) violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right; (b) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Mint House in its sole discretion; (c) is false, misleading, untruthful or inaccurate; (d) includes anyone's identification documents or sensitive financial information; (e) impersonates any person or entity, including any of Mint House’s employees or representatives; or (f) spams or solicits any Users, including any other Guest.
LICENSE GRANT FOR CONTENT; REPRESENTATIONS AND WARRANTIES
Limited License Grant to Mint House
The Sites, the other Mint House Services or any of our social networking pages (e.g., Facebook) may now or in the future permit the submission or posting or linking of product testimonials, pictures, audio and video recordings, text, data, information and other input or any other content linked, posted or submitted by you or other Users, in each case whether or not made available to other Users (“Content”). By uploading, providing, posting, distributing or disseminating any Content to or through the Sites or any other Mint House Service or any of our social networking pages, you hereby grant to Mint House a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable (through multiple tiers), assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, modify and otherwise exploit your Content (and any copyrights, publicity, database and other proprietary rights therein), in connection with the Units and the operation, maintenance and support of the Sites and the other Mint House Services.
Content Use by Other Users
You hereby consent to the use of your Content by other Users that are authorized to access your Content in the manner contemplated by these Terms and any of the Mint House Services.
Content and Confidential Information
You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all of your Content and the consequences of posting or publishing any Content. By uploading and publishing your Content, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Mint House and the Users to use and distribute your Content as necessary to exercise the licenses granted by you in this section LICENSE GRANT FOR CONTENT; REPRESENTATIONS AND WARRANTIES and in the manner contemplated by Mint House and these Terms; (2) your Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or violate or invade the right of privacy, publicity or other rights of any person or entity; and (3) your Content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of any of the Mint House Services. Violators of these third-party rights may be subject to criminal and civil liability. Mint House reserves all rights and remedies against any Users who violate these Terms.
You understand that when reserving or renting any Unit or using the Sites or any of the other Mint House Services, you may be exposed to Content or other materials from a variety of sources, and that Mint House is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content and other content. You further understand and acknowledge that you may be exposed to Content and other materials that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mint House with respect thereto. Mint House does not endorse any Content and other material or any opinion, recommendation or advice expressed therein, and Mint House expressly disclaims any and all liability in connection with Content and other materials. If notified by a User or a content owner of any Content or other content or materials that allegedly do not conform to these Terms, Mint House may investigate the allegation and determine in its sole discretion whether to remove the Content or other content or materials, which it reserves the right to do at any time and without notice. For clarity, Mint House does not permit copyright infringing activities on or through any of the Mint House Services.
OWNERSHIP; PROPRIETARY RIGHTS
The Sites and the other Mint House Services are owned and operated by Mint House. The Units are owned or leased by Mint House. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Units, the Sites and the other Mint House Services provided by Mint House (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Content that is provided and owned by Users, all Materials contained on any of the Mint House Services are the property of Mint House or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Mint House or its affiliates and/or third-party licensors. Except as expressly authorized by Mint House, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Mint House reserves all rights not expressly granted in these Terms.
Mint House shall own and have the unrestricted right to use or act upon any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Units, the Sites or any other Mint House Service.
By making a reservation, or renting any of the Units or using the Sites or any other Mint House Service, you agree not to:
Decipher, decompile, disassemble, reverse engineer, modify, translate or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of the Sites or any other Mint House Service, in whole or in part (except to the extent that the laws of your jurisdiction make such restrictions unenforceable);
Make a reservation or rent any Units for the benefit of anyone other you or your immediate family, including transferring or re-marketing any of the Units;
Provide any services to any third party using the Sites or any other Mint House Service except in accordance with these Terms;
Develop or create any derivative work of the Sites or any other Mint House Service or any service to the extent intended to compete with the Units;
Reproduce (except as expressly permitted herein), modify, adapt, translate or otherwise make any changes to any of the Mint House Services or any part thereof;
Copy, disclose, or distribute any data available on or through the Sites or any other Mint House Service, in any medium, including without limitation, by any automated or non-automated “scraping;”
Interfere with, circumvent or disable any security or other technological features or measures of any of the Mint House Services or attempt to gain unauthorized access to any of the Mint House Services or its related systems or networks;
Make unsolicited offers, advertisements, or proposals, or send junk mail or spam to other Users (including other Guests) of any of the Mint House Services (including, but not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
Use bots or other automated methods to: access the Sites or any other Mint House Service, download profiles, contacts or any other information, send or redirect messages or perform any other activities through any of the Mint House Services;
Use the Units, the Sites or any other Mint House Service for any unlawful or inappropriate activities, such as gambling, obscenity, pornography, violence, transmission of deceptive messages, or harassment;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of any of the Mint House Services;
Take any action that imposes, or may impose at Mint House’s sole determination, an unreasonable or disproportionately large load on Mint House’s infrastructure;
Deep-link to the Site or any of other Mint House Service without Mint House's consent;
Share or disclose information of other Users without their express consent; or
Use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
THIRD-PARTY TOOLS AND SITES
The Mint House Services may include third-party tools (“Third-Party Tools”) and links or references to other web sites or services (“Third-Party Sites”) solely as a convenience to Users, including our travel partner sites (e.g., AirBnB; Expedia; other online travel agencies). Mint House does not endorse any such Third-Party Tools, Third-Party Sites or the information, materials, products, or services contained on or accessible through Third-Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through any of the Mint House Services are solely between you and such advertiser. Access and use of any Third-Party Tools or Third-Party Sites, including the information, materials, products, and services on or available through such Third-Party Tools or Third-Party Sites are solely at your own risk.
TEXT MESSAGES; MOBILE AND DATA CHARGES
Mint House may occasionally send text message offers and alerts. By agreeing to these Terms, you authorize Mint House to send text messages to your mobile device with notifications and occasional special offers. You are responsible for any mobile and data charges that you may incur for using any of the Mint House Services, including text-messaging charges. If you are unsure what those charges may be, you should ask your service provider before using the Units or any other Mint House Service.
TERMINATION; TERMS OF SERVICE VIOLATIONS
You agree that Mint House, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your ability to make a reservation or rent a Unit or use of the Sites or any other Mint House Service and remove and discard all or any part of your user profile, and any Content, at any time. Mint House may also in its sole discretion and at any time discontinue your ability to make a reservation or a rent a Unit or providing access to the Sites, or any part thereof, with or without notice. You agree that any suspension or termination of your ability to make a reservation or rent a Unit or access to the Sites or any other Mint House Service may be effected without prior notice, and you agree that Mint House will not be liable to you or any third party for any such termination. Mint House reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Mint House to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that Mint House may have at law or in equity. As discussed herein, Mint House does not permit copyright infringing activities on the Sites, the Units or any other Mint House Service, and shall be permitted to terminate access to any of the Mint House Services, and remove all Content or other content submitted by any Users who are found to be repeat infringers. BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD MINT HOUSE HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MINT HOUSE DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MINT HOUSE OR LAW ENFORCEMENT AUTHORITIES.
Your only remedy against Mint House with respect to any dissatisfaction with the Units is the right to receive a refund in the sole discretion of Mint House. Your only remedy against Mint House with respect to any dissatisfaction with (i) the Sites or any other Mint House Service, (ii) any term of these Terms, (iii) any policy or practice of Mint House in operating the Sites and the other Mint House Services, or (iv) any Content transmitted through the Units or any other Mint House Service, is to terminate your use of all of the Mint House Services. You may terminate your use of the Sites and the other Mint House Services at any time.
You agree to indemnify, defend, and hold Mint House, its affiliated companies, members, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Units, the Sites, any other Mint House Service or any of the Content, any violation by you of these Terms or any breach of the representations, warranties and covenants made by you herein. Mint House reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Mint House, and you agree to cooperate with Mint House’s defense of these claims. Mint House will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
NO WARRANTIES; DISCLAIMERS
YOU EXPRESSLY AGREE THAT THE UNITS AND THE USE OF THE SITES AND ANY OTHER MINT HOUSE SERVICE, AND ANY DATA, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD PARTY SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITES OR ANY OF THE OTHER MINT HOUSE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MINT HOUSE AND ITS AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “MINT HOUSE PARTIES”) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE UNITS, THE SITES AND THE OTHER MINT HOUSE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, MINT HOUSE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE UNITS, THE SITE OR THE OTHER MINT HOUSE SERVICES, WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE MINT HOUSE PARTIES OR THROUGH THE UNITS, THE SITE OR THE OTHER MINT HOUSE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU UNDERSTAND AND AGREE THAT YOU MAKE A RESERVATION, RENT A UNIT OR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SITES OR ANY OTHER MINT HOUSE SERVICE OR ANY THIRD-PARTY SITES, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH INFORMATION, MATERIAL OR DATA.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE MINT HOUSE PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THE UNITS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE SITES, THE MATERIALS, OR CONTENT ON THE SITES OR THE OTHER MINT HOUSE SERVICES OR ANY OTHER INTERACTIONS WITH MINT HOUSE, EVEN IF MINT HOUSE OR A MINT HOUSE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MINT HOUSE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL THE MINT HOUSE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE UNITS OR YOUR USE OF THE SITES AND THE OTHER MINT HOUSE SERVICES, OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO MINT HOUSE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR FIFTY DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY USING ANY THIRD-PARTY TOOLS OR BY REASON OF ANY SERVICES PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN MINT HOUSE AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE MINT HOUSE SERVICES OR RECEIVED THROUGH ANY THIRD-PARTY SITES.
YOU ACKNOWLEDGE AND AGREE THAT MINT HOUSE HAS OFFERED THE UNITS, THE SITES AND THE OTHER MINT HOUSE SERVICES, SET ITS FEES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND MINT HOUSE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MINT HOUSE. MINT HOUSE WOULD NOT BE ABLE TO PROVIDE THE UNITS, THE SITES OR ANY OF THE OTHER MINT HOUSE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
If you have a dispute with any other Users (including any other Guests) or other third parties, you release Mint House and the other Mint House Parties from 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 Section 1542, which says: “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.”
In no event will Mint House be liable or responsible to you, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any obligation under these Terms, when and to the extent such failure or delay is caused by any circumstances beyond Mint House's reasonable control (a “Force Majeure Event”), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, the failure of any other company’s services, another company’s error or service interruption, activity from neighbors, activities around the Property such as construction, noise, road repair, or maintenance, protests, large gatherings or other interruptions of traffic and access, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of laws or any action taken by a governmental or public authority. In the event of any failure or delay caused by a Force Majeure Event, Mint House shall give prompt written notice to you of the Force Majeure Event and use commercially reasonable efforts to end the failure or delay and minimize the effects of such Force Majeure Event.
Mint House may provide you with notices, including those regarding changes to these Terms and the Units, by email, regular mail or postings on any of the Sites or other Mint House Services. Notice will be deemed given 24 hours after the email is sent, unless Mint House is notified that the email address is invalid. Alternatively, Mint House may give you legal notice by mail to a postal address, if provided by you through any of the Mint House Services. In such case, notice will be deemed given three days after the date of mailing. Notice posted on any of the Sites or other Mint House Services is deemed given 30 days following the initial posting.
If a dispute arises between you and Mint House, the goal is to provide you with a neutral and cost-effective methods of resolving the dispute quickly. Accordingly, you and Mint House agree that any dispute, claim or controversy at law or equity that arises out of these Terms, the Units, the Sites or any of the other Mint House Services (a “Dispute”) will be resolved in accordance with this Section or as Mint House and you otherwise agree in writing. Before resorting to these dispute methods, Mint House strongly encourages you to first contact Mint House directly to seek a resolution.
The parties hereby irrevocably and unconditionally agree that service of process in any such Dispute may be effected by mailing a copy of such process by certified mail, postage prepaid, to such party at the address provided by such party.
(a) Choice of Law. THESE TERMS SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE OR OTHERWISE IN CONNECTION WITH THESE TERMS, THE UNITS, THE SITES OR ANY OF THE OTHER MINT HOUSE SERVICES.
(b) Arbitration and Class Action Waiver.
PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
(i) Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND MINT HOUSE IN CONNECTION WITH THESE TERMS, THE UNITS, THE SITE OR ANY OF THE OTHER MINT HOUSE SERVICES INCLUDING WITHOUT LIMITATION, YOUR RIGHTS OF PRIVACY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S APPLICABLE RULES FOR ARBITRATION, AND YOU AND MINT HOUSE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND MINT HOUSEWOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Any such arbitration shall be in English and be held in New York City, NY and the number of arbitrators shall be one (1). Except as otherwise required by law, the parties and the arbitrator agree to keep confidential and not disclose to third parties any information or documents obtained in connection with the arbitration process, including the resolution of the Dispute. You may bring claims only on your own behalf.
NEITHER YOU NOR MINT HOUSE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST MINT HOUSE INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's claims, if Mint House is a party to the proceeding.
This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
(ii) Judicial Forum for Disputes. In the event that the agreement to arbitrate under Section (b)(i) above is found not to apply to you or your claim, you and Mint House agree that any judicial proceeding (other than small claims actions) must be brought solely and exclusively in, and will be subject to the applicable procedural rules of, the federal or state courts in New York City, NY. Both you and Mint House irrevocably consent to venue and personal jurisdiction there. Notwithstanding the foregoing, Mint House may bring a claim for equitable relief in any court with proper jurisdiction.
(iii) Survival. This arbitration agreement will survive the termination of your use of any of the Mint House Services or your relationship with Mint House.
(c) 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section by sending written notice of your decision to opt-out to Mint House’s contact information listed at the bottom of these Terms. The notice must be sent to Mint House within 30 days of the earliest of your initial reservation of any Unit or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt-out of these arbitration provisions, however, we also will not be bound by them.
(d) Improperly Filed Disputes. All claims you bring against Mint House must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Mint House may recover attorneys’ fees and costs up to $15,000, provided that Mint House has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
The Units, the Sites and the other Mint House Services are offered by Mint House located at: 335 Madison Avenue, Suite 5F2, New York, NY 10017 and email: email@example.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
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