Privacy. Your privacy is one of our top priorities. For more information, please read our Privacy Policy at warmshowers.org/privacy-policy and the FAQ on personal security at warmshowers.org/faq. By using the Platform, you acknowledge that you have read and understood our Privacy Policy, including how we collect, use, and share your personal data in accordance with applicable data protection laws, including the Colorado Privacy Act (“CPA”) and, where applicable, the General Data Protection Regulation (“GDPR”).

Terms of Service. These Terms of Service (“Terms”) are a binding legal agreement between you and Warmshowers.org Foundation (“Warmshowers.org”) that governs your right to use the websites, applications, and other offerings from Warmshowers.org (collectively, the “Platform”). When used in these Terms, “Warmshowers.org,” “we,” “us,” or “our” refers to Warmshowers.org.

The Platform offers an online venue that enables users (“users” or “users”) to publish, offer, search for, and book Accommodations (as defined below). You must be at least 18 years old and have the legal capacity to enter into binding contracts to access or use the Platform. By accessing or using the Platform, you represent and warrant that you meet these age and capacity requirements. Users who publish and offer services are “Hosts” and users who search for, book, or use services are “Guests.” Hosts offer accommodations (“Accommodations”) to Guests (collectively, “Host Services,” and each Host Service offering, a “Listing”). You must register an account to access and use many features of the Platform and must keep your account information accurate. As the provider of the Platform, Warmshowers.org does not
own, control, offer or manage any Listings. Warmshowers.org is not a real estate broker, travel agency, or insurer. Warmshowers.org does not act as an agent in any capacity for any User.

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1. Warmshowers.Org Platform Rules For All Users.

You must follow these rules and must not help or induce others to break or circumvent these rules.

• Act with integrity and treat others with respect
• Do not lie, misrepresent something or someone, or pretend to be someone else
• Be polite and respectful when you communicate or interact with others
• Do not discriminate against or harass others
• You may use content made available through the Platform (“Content”) solely as necessary to enable your use of the Platform as a Guest or Host
• Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Platform or Content
• Do not scrape, hack, reverse engineer, compromise or impair the Platform
• Do not take any action that could damage or adversely affect the performance or proper functioning of the Platform
• Only use the Platform as authorized by these Terms or another agreement with us
• You may only use another User’s personal information as necessary to facilitate a transaction using the Platform as authorized by these Terms
• Do not use the Platform, our messaging tools, or users’ personal information to send commercial messages without the recipient’s express consent
• Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us
• Do not engage in any practices that are intended to manipulate our search algorithm
• Do not book Host Services unless you are actually using the Host Services
• Do not use, copy, display, mirror or frame the Platform, any Content, any branding, or any page layout or design without our consent
• If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, including GDPR where applicable, (ii) must be authorized to do so and have obtained all necessary consents, (iii) authorize us to process that information under our Privacy Policy, and (iv) agree to indemnify Warmshowers.org for any claims arising from your provision of such information in violation of applicable data protection laws
• Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Warmshowers.Org branding
• Do not offer Host Services that violate the laws or agreements that apply to you

2. GUEST TERMS

a. Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation, all areas and facilities where the Accommodation is located that the Host and Guest are legally entitled to use in connection with the Accommodation (“Common Areas”), or any Host Service. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) or Common Areas in the condition it was in when you arrived, (ii) you are responsible for any damage caused by you or your guests to the Accommodation or Common Areas, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. You represent and warrant that you have authority to bind such additional guests to these Terms. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor. You are not responsible for the acts and omissions of anyone who you have contracted with through Warmshowers.org for the provision of Host Services and have invited or provided access to an Accommodation for the purpose of providing such Host Services.

b. YOUR ASSUMPTION OF RISK. You acknowledge that many activities carry inherent risks, including but not limited to risks of personal injury, property damage, illness, or death, and agree that, to the maximum extent permitted by applicable law, you assume certain risks arising out of your access to and use of the Warmshowers.org platform and its app, including your stay at any Listing or any other interaction you have with other users whether in person or online. This means it is your responsibility to investigate a Listing to determine whether it is suitable for you. You acknowledge that Warmshowers.org does not control the conduct of Hosts, Guests, or other users. Warmshowers.org’s liability is limited as set forth in Section 7 of these Terms, except for liability that cannot be excluded under applicable law, including but not limited to claims arising from our gross negligence, willful misconduct, fraud, intentional torts, breach of mandatory data protection obligations, or violations of Colorado consumer protection laws. You agree that you have had the opportunity to investigate the Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by Warmshowers.org.

You are responsible for your interactions with other users. Warmshowers.org provides a platform for you to interact with other users, offer them hospitality, and seek hospitality. Warmshowers.org is not a party to, has no involvement or interest in, any agreements or disputes between users. Warmshowers.org makes no representations or warranties regarding other users, and has no responsibility or liability with respect to communications, transactions, interactions, or disputes between you and any other user, person or organization, subject to the limitations and exceptions set forth in these Terms and as required by applicable law, including but not limited to data protection obligations under the Colorado Privacy Act, the GDPR, and other applicable privacy laws, and duties arising from gross negligence, willful misconduct, or fraud. You are solely responsible for your interactions with other users of our services. We reserve the right, but have no obligation, to monitor interactions between you and other users of our services.

Because our Services are a platform connecting users, in the event that you have a dispute with one or more users that arises from the conduct of those users, to the extent permitted by applicable law, you agree not to assert claims against us (and our officers, directors, employees, agents and affiliates) for damages arising solely from disputes between users, except for (i) claims arising from our gross negligence, willful misconduct, fraud, intentional torts, or material breach of these Terms, (ii) claims for violations of Colorado consumer protection laws or other non-waivable statutory rights, or (iii) where such release would be unenforceable under applicable law.

c. Reporting Misconduct. If you interact with anyone through our Platform who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who steals from you, or engages in any other disturbing conduct, we strongly encourage you to immediately report such person to the appropriate authorities and to us by contacting WSL@warmshowers.org. If you interact with anyone through our Platform who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who steals from you, or engages in any other disturbing conduct, we strongly encourage you to immediately report such person to the appropriate authorities and to us by contacting WSL@warmshowers.org. Please note that although we encourage you to report misconduct, we are not responsible or liable for the actions of other users to the extent permitted by applicable law, except where our own negligence, gross negligence, willful misconduct, intentional torts, or failure to act in accordance with applicable law contributes to harm. We will investigate reports in accordance with our policies and applicable law. While we are not obligated to take action beyond what is required by law, we reserve the right to take additional protective measures in our discretion. In certain circumstances involving serious safety concerns, we may have obligations under applicable law to take reasonable steps to address reported misconduct.

3. HOST TERMS

a. Hosting on Warmshowers.org. As a Host, Warmshowers.org offers you the right to use the Platform in accordance with these Terms to share your Accommodation with our vibrant community of users. It’s easy to create a Listing and you are in control of how you host – set your availability and rules for each Listing.

b. Contracting with Guests. When you accept a booking request, or receive a booking confirmation through the Platform, you are entering into a contract directly with the Guest, and are responsible for delivering the Host Service under the terms specified in your Listing. You are also agreeing to pay applicable fees like Warmshowers.org’s administrative fee (if any).

c. Independence of Hosts. Your relationship with Warmshowers.org is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Warmshowers.org. Warmshowers.org does not direct or control your Host Services, and you understand that you have complete discretion whether and when to provide Host Services.

d. Creating and Managing Your Listing. The Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, and any rules or requirements that apply to your Guests or Listing. You are responsible for your acts or omissions as well as keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. You may only maintain one Listing per Accommodation, but may have multiple Listings for a single property if it has multiple places to stay.

e. Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with users and/or third parties that apply to your Listing or Host Services. For example: check your local rules to learn what rules apply to the Host Services you plan to offer. Any information we provide regarding legal requirements is for informational purposes only, does not constitute legal advice, and you should independently confirm your obligations with qualified legal counsel. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms. If you have questions about how local laws apply you should always seek legal advice.

f. Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for establishing rules and requirements for your Listing. You may not collect any fees or charges. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Platform.

g. ASSUMPTION OF RISK. You are responsible for your interactions with other users. Warmshowers.org provides a platform for you to interact with other users, offer them hospitality, and seek hospitality. Warmshowers.org is not a party to the contractual relationships between users. Warmshowers.org makes no representations or warranties regarding other users, and has limited responsibility with respect to communications, transactions, interactions, or disputes between you and any other user, person or organization, subject to the limitations and exceptions set forth in these Terms and as required by applicable law, including but not limited to data protection obligations under the Colorado Privacy Act, the GDPR (where applicable), and other applicable privacy laws, and duties arising from negligence, gross negligence, willful misconduct, intentional torts, or fraud. You are solely responsible for your interactions with other users of our services. We reserve the right, but have no obligation, to monitor interactions between you and other users of our services.

You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Platform, offering Host Services, or any interaction you have with Guests and users whether in person or online. You agree that you have had the opportunity to investigate the Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by Warmshowers.org.

You acknowledge that many activities carry inherent risks, including but not limited to risks of personal injury, property damage, illness, or death, and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Warmshowers.org platform and its app, including offering Host Services, and your interactions with other users/users whether in person or online. This means it is your responsibility to investigate a potential Guest to determine whether they are suitable for you to host. You acknowledge that Warmshowers.org does not control the conduct of Hosts, Guests, or other users. Warmshowers.org’s liability is limited as set forth in Section 7 of these Terms, except for liability that cannot be excluded under applicable law, including but not limited to claims arising from our gross negligence, willful misconduct, intentional torts, fraud, breach of mandatory data protection obligations, or violations of Colorado consumer protection laws.

h. Reporting Misconduct. If you interact with anyone through our services who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who steals from you or engages in any other disturbing conduct, we strongly encourage you to immediately report such person to the appropriate authorities and to us by contacting WSL@warmshowers.org. Please note that although we encourage you to report misconduct, we are not responsible or liable for our users’ actions to the extent permitted by applicable law. We will investigate reports in accordance with our policies and applicable law, and we are not obligated to take any action beyond what is required by law, though we reserve the right to take additional protective measures in our discretion.

4. Termination, Suspension, and Other Measures

a. Term. The agreement between you and Warmshowers.Org reflected by these Terms is effective when you access the Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

b. Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Warmshowers.org may terminate this agreement and your account for any reason by giving you 30 days’ prior written notice via email to the address associated with your account or using any other contact information you have provided for your account. Warmshowers.Org may also terminate this agreement immediately and without notice and stop providing access to the Platform if you breach these Terms, you violate applicable laws, or we reasonably believe termination is necessary to protect Warmshowers.Org, its users, or third parties. If your account has been inactive for more than two years, we may terminate your account after providing you with 30 days’ prior written notice to your last known email address. If we are unable to contact you at your last known email address after reasonable efforts (including at least two attempted notifications), we may proceed with account termination, and will retain your personal data only as required by applicable law, including GDPR data retention requirements.

c. User Violations. If (i) you breach these Terms, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Warmshowers.Org believes it is reasonably necessary to protect Warmshowers.Org, its users, or third parties; Warmshowers.Org may, with or without prior notice:

• suspend or limit your access to or use of the Warmshowers.Org Platform and/or your account;
• suspend or remove Listings, Reviews, or other Content;
• For minor violations or where otherwise appropriate as Warmshowers.Org determines in its sole discretion, you will be given notice of any intended measure by Warmshowers.Org and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service.

d. Legal Mandates. Warmshowers.Org may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body.

e. Effect of Termination. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Platform has been limited, or your Warmshowers.Org account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Platform through an account of another User.

5. INTELLECTUAL PROPERTY

The Platform and all intellectual property rights in the Platform are owned by Warmshowers.org. Warmshowers.org reserves all intellectual property rights, including but not limited to, copyright, trademarks, domain names, design rights, brand elements, database rights, patents, and all other intellectual property rights of any kind, whether registered or unregistered.

Content made available through the Warmshowers Platform, including without limitation trademarks, trade dress, inventions, algorithms, computer programs (in source code and object code), customer and marketing information and other content (“Platform Content”), whether registered or unregistered, which may be protected by copyright, trademark, patent, trade secrets, know how, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Platform Content are the exclusive property of Warmshowers.org and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Platform Content accessed through the Platform except to the extent you are the legal owner of that Platform Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Warmshowers.org grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Platform mobile application on your personal device(s); and (ii) access and view the Platform Content made available on or through the Platform and accessible to you, solely for your personal and non-commercial use.

6. WEBSITE, APP, AND HOST SERVICES PROVIDED “AS IS”

The Platform and all Content are provided “as is” without warranty of any kind and Warmshowers.Org disclaims all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing, or third party; (ii) we do not warrant the performance or non-interruption of the Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or users (if any) will identify past misconduct or prevent future misconduct. Any references to a user or Listing being “verified” (or similar language) indicate only that the Host, User, or Listing or Warmshowers.Org has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties Warmshowers.Org cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

7. Limitations on Liability

Warmshowers.org is not a party to the relationship between Guests and Hosts, and shall not, in any way, be liable to a Guest or Host or any other third party arising, either directly or indirectly, from any such relationship, contact, or activities between the parties, except as required by applicable law including liability that cannot be excluded under Colorado law or GDPR, such as liability for gross negligence, willful misconduct, or breach of mandatory data protection obligations.

Neither Warmshowers.org (including any personnel) nor any other party involved in creating, producing, or delivering the Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Platform, or (iv) publishing or booking of a Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Warmshowers.Org has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

In no event will Warmshowers.org’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any users, or your use of or inability to use the Platform, any Content, or any Host Service, exceed: (A) to users, the amount you paid to join as a User during the 12-month period prior to the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100). These limitations of liability and damages are fundamental elements of the agreement between you and Warmshowers.Org. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

8. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to release, defend (at Warmshowers.org’s option), indemnify, and hold Warmshowers.Org (including its 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: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature), (ii) your improper use of the Platform, (iii) your interaction with any User, stay at an Accommodation, participation in a Host Service, or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. You agree to indemnify and hold Warmshowers.Org (including its officers, directors, employees, and agents) harmless from and against any of the aforementioned claims, liabilities, damages, losses, and expenses, except to the extent caused by Warmshowers.org’s gross negligence or willful misconduct.

9. United States Governing Law and Venue

If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of Colorado and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 10 must be brought in state or federal court in Denver, Colorado, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Denver, Colorado.

10. United States Dispute Resolution and Arbitration Agreement

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND WARMSHOWERS.ORG AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions.

a. Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Warmshowers.Org in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 10(a) applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

b. Overview of Dispute Resolution Process. Warmshowers.org is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 10 applies: (1) an informal negotiation directly with Warmshowers.org’s customer service team (described in paragraph 10(c), below), and if necessary (2) a binding arbitration in accordance with the terms of this Arbitration Agreement. You and Warmshowers.org each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.

c. Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Warmshowers.Org each agree to send the other party an individualized notice of the dispute in writing (“Pre-Dispute Notice”) and attempt in good faith to negotiate an informal resolution of the individual claim. You must send your Pre-Dispute Notice to Warmshowers.Org by mailing it to the address set forth in Section 12 below. Warmshowers.org will send its Pre-Dispute Notice to the email address associated with your Warmshowers account. A Pre-Dispute Notice must include: the date, your name, mailing address, your Warmshowers username, the email address you used to set up your Warmshowers account, your signature, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written demand for arbitration with the arbitration provider designated pursuant to Section 10(f), below. A claimant’s Pre-Dispute Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and evidence that it was sent as required by this Section must be attached to any arbitration demand.

d. Agreement to Arbitrate; Delegation. You and Warmshowers.org mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Warmshowers Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding arbitration on an individual basis (the “Arbitration Agreement”), except as provided in Section 10(e). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, you and Warmshowers.Org agree that an arbitrator will decide that issue. For the avoidance of doubt, you and Warmshowers.org agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of this Section 10, including any dispute over compliance with the Pre-Dispute Notice requirement and a party’s responsibility to pay arbitration fees, shall be resolved exclusively by an arbitrator.

e. Exceptions to Arbitration Agreement. You and Warmshowers.org each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction as set forth in Section 9: (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; (iv) any claim or cause of action for vexatious litigation; or (v) any individual claim of sexual assault or sexual harassment arising from your use of the Warmshowers.org Platform or Host Services. You and Warmshowers.org agree that any request for the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

f. Arbitration Forum Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement, and not state law. The arbitration will be administered by ADR Services, Inc. (“ADR”) (www.adrservices.com) in accordance with Rules 1, 6–7, 8–9, and 11–12, 45, 54, and 56 of the Federal Rules of Civil Procedure (“Selected Federal Rules”) (https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure) and ADR’s Arbitration Rules then in effect (the “ADR Rules”), except as the Selected Federal Rules or ADR Rules are modified by or conflict with this Arbitration Agreement. The ADR Rules are available at www.adrservices.com. If an arbitration demand is submitted to ADR Services in accordance with this agreement and the ADR Rules, and ADR Services cannot or will not administer the arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Selected Federal Rules and the AAA’s Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. If the AAA cannot and will not administer the arbitration, you and Warmshowers.org shall confer and select an alternative arbitral forum, and if we are unable to agree, either you or Warmshowers.org may ask a court to appoint an arbitrator pursuant to 9 U.S.C. § 5. In that event, the arbitration will be conducted in accordance with the rules of the appointed arbitral forum, unless those rules are inconsistent with the provisions of this Arbitration Agreement.

g. Modification of Arbitration Rules – Arbitration Hearing/Location. In order to make the arbitration most cost-effective, efficient, and convenient, any required arbitration hearing in an arbitration wherein the amount in controversy does not exceed $1,000,000 shall be conducted remotely via video conference except as otherwise agreed by the parties or instructed by the arbitrator. Any required arbitration hearing in an arbitration wherein the amount in controversy exceeds $1,000,000 shall be conducted in Denver County except as otherwise agreed by the parties or instructed by the arbitrator. If the amount in controversy is $10,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator, provided that the arbitrator has discretion to decide to hold a hearing in response to the reasonable and proportionate request from a party.

h. Modification of Arbitration Rules – Arbitration Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the ADR Rules and the ADR Services fee schedule (available at www.adrservices.com). If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. You may request a fee waiver by providing the arbitration provider with a declaration under penalty of perjury stating your monthly income and the number of persons in your household. If a fee waiver is granted by the arbitration provider and you provide Warmshowers.org with documents necessary to prove that your gross monthly income is less than 300% of the federal poverty guidelines, Warmshowers.org will pay your share of any arbitrator fees.

i. Modification of Arbitration Rules – Claims Brought for an Improper Purpose or In Violation of This Arbitration Agreement. Either party may make a request that the arbitrator impose sanctions upon proving that the other party or its attorney(s) has asserted a claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous. As allowed by applicable law, the arbitrator shall impose sanctions equal to the requesting party’s reasonable attorneys’ fees and costs upon finding that a claim or defense is groundless in fact or law, brought in bad faith or for the purpose of harassment, asserted in violation of Fed. R. Civ. P. 11(b) (treating the arbitrator as “the court”), or is otherwise frivolous. Either party may seek dismissal of any arbitration filed in violation of any provision of this Arbitration Agreement. Either party may assert in arbitration a counterclaim for the other party’s initiation of proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement. Upon finding that a party has initiated proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement, the arbitrator shall award the other party its actual damages, including but not limited to reasonable attorneys’ fees and costs.

j. Arbitrator’s Decision. The arbitrator will issue a written decision which shall include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the ADR Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

k. Jury Trial Waiver. You and Warmshowers.org acknowledge and agree that both parties are each waiving the right to a trial by jury as to all arbitrable Disputes.

l. No Class Actions or Representative Proceedings. You and Warmshowers.org acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class user in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing or as provided in this agreement, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

m. Mass Action Waiver. You and Warmshowers.org acknowledge and agree that the relative benefits and efficiencies of arbitration may be lost when 100 or more arbitration claims are filed within 180 days which (1) involve the same or similarly situated parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, alleged violations or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties (“Mass Action”). Accordingly, you and Warmshowers.org agree to waive the right to have any Dispute administered, arbitrated, or resolved as part of a Mass Action (though Sections 10(n) and 10(o) of these Terms will continue to apply to the Dispute). In case of a dispute, the appointed arbitrator for the first matter instituted within a set of claims identified by either party shall decide whether those claims are part of a Mass Action. If no arbitrator has yet been appointed, an arbitrator shall be appointed solely to determine whether claims identified by either party are part of a Mass Action. Nothing in this provision prevents you or Warmshowers.org from participating in a mass settlement of claims.

n. Modification of Arbitration Rules – Mass Action Batching Requirements. If for any reason, notwithstanding Section 10(n), an arbitration proceeds as part of a Mass Action, the parties shall group the arbitration demands into batches of no more than 200. The batches shall be determined by listing the claimants’ alphabetically (by last name or business name, as applicable)—for example, the first 200 claimants listed will be the first batch, the next 200 claimants listed will be the second batch, and so forth. The parties shall randomly assign each batch a sequential number and arbitrate the batches one at a time, in sequential order. While one batch is being arbitrated, the arbitration provider shall hold the remainder in abeyance unless otherwise agreed by the parties or instructed by the arbitration provider. Each batch shall be resolved within 240 days of the pre-hearing conference for that batch. Notwithstanding the forgoing, if any claimant’s demand has not been the subject of a pre-hearing conference within 2 years of the latest-filed demand in the Mass Action, such claimant may elect to pursue the claims asserted in the claimant’s demand in court subject to Sections 10(m) and 10(o) of these Terms.

o. Modifications of Arbitration Rules – Offers of Judgment. At least 10 days before the date set for the arbitration hearing, you or Warmshowers.org may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall issue an award accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other than with respect to costs (including all fees paid to the arbitration provider). If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitration provider) from the time of the offer.

p. Severability. In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

q. Amendment to Agreement to Arbitrate. If Warmshowers.org amends this Section 10 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject the change by sending us written notice no later than 30 days of the date the change is effective. Your notice must include your name, mailing address, the date of the notice, your Warmshowers.org username, the email address you used to set up your Warmshowers.org account, your signature, and an unequivocal statement that you want to opt out of the amended Section 10. You must either mail your notice to the address set forth in Section 12 below or email the opt-out notice to the email address in Section 12 below. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Warmshowers.org (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Warmshowers.org.

11. Miscellaneous

a. Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement.

b. Modification. Warmshowers.org may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of material changes by email to your registered email address and by prominent notice on the Platform at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Platform will constitute acceptance of the revised Terms. Non-material changes may be made without notice.

b. Governing Law and Venue. The Platform is administered by Warmshowers.org from a site that is located in Colorado, USA. You acknowledge and agree that, to the extent permitted by applicable law, your use of the Platform and all of the communications, transmissions and transactions associated with the Platform and the provision of the Services shall be deemed to have occurred in the State of Colorado, USA for purposes of determining governing law and jurisdiction. You agree that these Terms of Use shall be exclusively governed by, construed and interpreted in accordance with the laws of the State of Colorado and the federal laws of USA applicable therein, without regard to conflict-of-law provisions. Subject to the arbitration provisions in Section 10, in the event of a dispute under these Terms of Use, such dispute shall be resolved in the state or federal courts located in Denver, Colorado, and you consent to the personal jurisdiction and venue of such courts.

c. Non-assignment. These Terms of Use are not assignable, transferable, or to be sub-licensed by you except with Warmshowers.org’s prior written consent. These Terms of Use are not assignable, transferable, or to be sub-licensed by you except with Warmshowers.org’s prior written consent. Warmshowers.Org may assign, transfer, or delegate any of its rights and obligations hereunder with thirty (30) days’ prior written notice to you, provided that any such assignment shall not materially diminish your rights or increase your obligations under these Terms, and provided further that Warmshowers.Org shall remain liable for the performance of obligations under these Terms in the event of assignment to a third party that fails to perform.

a. Modifications of Terms of Use. Warmshowers.org may revise these Terms of Use at any time. Material changes will be communicated to users via email to their registered email address and by prominent notice on the Platform at least 30 days prior to the effective date of such changes. By using the Platform, you are agreeing to be bound by the current version of the Terms of Use and Privacy Policy (last updated date listed at the top of the Terms of Use).

b. Errors. The content and material appearing on the Platform could include technical, typographical or photographic errors. Warmshowers.org does not warrant that any of the materials provided are accurate or current.

c. Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Warmshowers.org Foundation and you pertaining to your access to or use of the Warmshowers Platform and supersede any and all prior oral or written understandings or agreements between Warmshowers.org Foundation and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Warmshowers.org Foundation. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”

d. No Waiver. Warmshowers.org Foundation’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

e. Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Warmshowers.org Foundation’s prior written consent. Warmshowers.org Foundation may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.

f. Survival. Except as otherwise provided in Section 10, Section 10 and any other provisions of these Term that, by their terms, survive termination of these Terms, will survive any termination of these Terms and will continue to apply even if you stop using the Platform or terminate your Warmshowers account.

g. Notice. Unless specified otherwise, any notices or other communications to users permitted or required under this agreement, will be provided electronically and given by Warmshowers.org Foundation via email, Warmshowers Platform notification, messaging service (including SMS), or any other contact method we enable and you provide.

h. Third-Party Services. The Warmshowers Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Warmshowers.org Foundation is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

i. Google Terms. Some translations on the Warmshowers Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Warmshowers Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

j. Apple Terms. If you access or download our application from the Apple App Store, you agree to be bound by Apple’s Licensed Application End User License Agreement, available at https://www.apple.com/legal/internetservices/itunes/dev/stdeula/.

k. Force Majeure. Warmshowers.org shall not be liable for any delay or failure to perform resulting from abnormal or unforeseeable circumstances outside its reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

l. Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your Warmshowers.org account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a Warmshowers.org account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to the terms of receiving SMS texts.

12. Contact Us.

If you have any questions about the Terms of Use, or need to provide notice to, or communicate with, Warmshowers.Org under the Terms of Use, please contact Warmshowers.org at www.Warmshowers.org/contact.