Terms of Service
Last Updated: July 10, 2020
International Terms and Conditions
These conditions govern all bookings made with National Corporate Housing UK Ltd. or its affiliated entities, including National Corporate Housing, Inc. (“National" “us “we”). National UK is registered in England under number 10531529 whose registered office is at New Penderel House, 4th Floor, 283-288 High Holborn, London WC1V 7HP. You (“you“ “individual requesting booking“ and all members of your party collectively called “guests“) accept these conditions yourself and on behalf of all members of your party whether you are booking as a guest or on behalf of others.
1.1 Booking Confirmation
Any booking, will only be confirmed when payment has been made in accordance with the terms specified in your reservation details, unless otherwise agreed. Restrictions may apply, including, but not limited to, minimum night stay and age or pet restrictions; you will be advised of these at the time of booking where applicable. We reserve the right to refuse any booking at any time. All guest names and contact telephone numbers are required at the time of booking for security and health and safety reasons. As soon as your confirmation and invoice are received, please check the details carefully and let us know immediately if anything is incorrect. We are unable to accept any liability if we are not notified of any inaccuracies at the time of the confirmation.
1.2 Special Requests
National is in the business of providing surprisingly superior service and we will do what we can to help guests with special requirements. Please ensure we are made aware in writing, of any special requirements at time of booking so we can help you select the most suitable apartment for your needs. Although we will strive to meet any reasonable requests no guarantees can be given that any request will be met. We cannot accept reservations which are conditioned on particular requests.
1.3 Group Bookings
We consider a group to be five or more apartments being booked in the same city for similar dates or at the same property. Special conditions may apply and these will be advised at the time of booking. Cancellation charges will differ and will be advised at the time of booking.
Payment is required at the time of booking unless otherwise agreed or set forth in the reservation details. If payment does not reach us at the required time we reserve the right to suspend or cancel any booking made. Any late payments will result in interest being charged at 2% above Bank of England base rate for the period concerned.
Payment should be made by Bank Transfer. (bank details are available on request)
2.2 Security Deposit
A Security Deposit to cover “additional charges “ , including breakages, damages, extra cleaning and further accommodation charges incurred during your stay, may be taken and you will be advised if this is the case at the time of enquiry.
2.3 Payment of Additional Charges
Valid credit/debit card details must be supplied at the time of booking in case of any incidentals or to cover “additional charges”.
In case of any additional charges, we will supply a written statement of what these are, including photographic evidence, where applicable. These charges will be deducted from any Security Deposit held or from a debit/credit card supplied and any balance on the Security Deposit will be refunded. In the event that payment under a debit/credit card is declined, National will attempt to charge the card again and if still declined, National reserves the right to terminate the booking, withhold the Security Deposit in consideration of payment of Rent and seek to exclude Guests from the Apartment until all charges due are promptly paid.
The rates we advertise are to the best of our knowledge correct at the date of publication but we reserve the right to change any rates in line with market prices. Prior to the booking being confirmed rates quoted are based on the rates prevailing at the time but may be subject to change. Once a booking has been confirmed we will not change the rate quoted unless you amend the booking dates or our cost of supplying the accommodation changes as a result of tax changes or currency fluctuations beyond our control.
4.1 Changes, Extensions and Cancellations
All requests for changes, extensions and cancellations must be made in writing directly to your National representative. Failure to extend, cancel or modify your reservation or booking directly with National may result in you being liable to pay us the full amount of the booking.
If you wish to change any detail of your confirmed booking National will use all reasonable efforts to make the change. All changes of dates are subject to availability. Should any change be rejected, you will be responsible for the original booking. Name changes or child age changes will not incur any charges or administration fee.
If you wish to extend a reservation please give your National representative as much notice as possible in order to facilitate your request. All extensions are subject to availability and potential rate change. Where notice to extend a stay has been given, we will only confirm this only when additional payment has been made in accordance to your booking details.
4.4 Cancellations and Early Departures
Your cancellation policy is clarified at the time of enquiry or booking and upon request.
Early Departures: National reserves the right to treat an early departure or reduction in the number of nights or apartments booked as a cancellation and apartments may then be re-let and cancellation charges will apply. If pricing is provided based on a minimum length of stay and the total number of nights reduces as a result of early departure, we reserve the right to increase the rate per night, retrospectively, from the first day of the reservation.
Non-arrivals will be treated as a cancellation and you will be responsible for the cancellation fee.
Please note that transaction fees are not refundable in the event of a cancellation.
4.5 Notice Period
Your notice to vacate and cancellation policy is unique to the property you reserve. National will communicate this policy to you via email at the time of booking.
5.1 Changes by Us
We do not expect to have to make any changes to your booking however occasionally bookings have to be changed or cancelled or errors in information or other details corrected and we reserve the right to do so. If this does happen, we will let contact you as soon as possible. If a change must be made or your booking must be cancelled we will, where possible, offer you an alternative apartment of similar type and standard in a similar location for the same period. If you do not wish to accept a change or any alternative apartment offered or we cannot offer you a suitable alternative apartment, you may be entitled to cancel your booking and receive a refund unless this is the result of an Event beyond our Control – see below. You should tell us as soon as possible whether you wish to accept any change or alternative apartment offered or alternatively if you want a refund.
Events beyond our Control include but are not limited to the following: act of God, outbreak of hostilities, riot, civil disturbance, acts of terrorism, revolution, the act of any government or authority (including but not limited to refusal or revocation of any license or consent), fire, flood, lightning, explosion, fog or bad weather, epidemic, interruption or failure of a utility service (including but not limited to electricity, gas, water or telecommunications), renovations and building work undertaken at the property or in the local area, strikes, lockouts or boycotts, embargo, blockade.
We cannot accept liability for the theft and/or damage of your personal belongings during your stay. Therefore we advise you to take appropriate renters insurance. In addition we advise you to ensure you have taken appropriate travel insurance to cover any unexpected cancellation or medical expenses.
Reasonable care has been taken to ensure that the content of our website (and/or other means of promotion or advertising) is correct but it is subject to amendment at any time without notice. All content on our website (and/or other means of promotion or advertising) is published in good faith but you acknowledge that we cannot check the accuracy of all information provided. Given the above factors, we do not warrant that any of the content on our website (and/or other means of promotion or advertising) accurately or completely describes any of the apartments. Our website may link to other websites and we are not responsible for the data policies, content or security of these linked websites. Our website (and/or other means of promotion or advertising) will only have a general representation of the accommodation shown. Actual apartment size, design, fixtures, furnishings and facilities may vary.
If you choose to book an apartment operated by one of National's supplier partners, unless otherwise agreed, National acts solely as an intermediary between you and the supplier for the duration of these reservations, and any additional terms and conditions of that supplier will apply to this booking. Upon request, we will endeavor to make any additional terms and conditions applicable to your booking available you.
9.1 Your Accommodation
All apartments are offered as serviced apartments and are only to be used as temporary or holiday accommodation for you, or your company. They are not for use as the principal, additional home or residence of guests; you will not be entitled to a tenancy or an assured shorthold or assured tenancy. No relationship of landlord and tenant is created and no statutory security of tenure exists now or when the period of occupation ends. If you or any member of your party fails to vacate at the end of the period you will be charged the appropriate accommodation charges for the continued period of occupation. No persons other than the guests have the right to use the apartment.
These conditions constitute an excluded agreement under S(3A)(7)(a)of the Protection from Eviction Act 1977 (as amended) and cannot be construed as an assured tenancy under the Housing Act 1988 (as amended). We cannot guarantee an exact apartment number prior to arrival. The maximum guests in an apartment is determined by the number of beds in the apartment. If the maximum number is exceeded then we may refuse access to the accommodation and/or reserve the right to charge for additional apartments.
9.2 Check-in and Check-out Times
Apartments are usually available from 4pm on the day of arrival to 11am on the day of departure. Some properties may differ in their arrival and departure times - we will clarify this if applicable. Early arrival or late departure may be available for an additional charge but in most cases they cannot be guaranteed unless booked from the night before arrival or for the night after departure.
9.3 Key Collection
Key collection details will be provided prior to arrival in your welcome letter. Some of our apartments don’t have a 24h reception desk, therefore it is mandatory that you tell us the date and time of your arrival so that we may arrange a personal meet & greet service in order to hand over your keys. In these cases it essential that you let us or our supplier know ahead of time if you anticipate any delays or changes to your arrival day/time so that we can re-organise the meet & greet service.
The procedure for departure will be confirmed in advance of your departure date.
Pets are permitted in specific apartments only if National gives prior approval. Occupant must comply with any and all terms and restrictions pertaining to pets as denoted by the property of residency. A supplemental non-disclosure fee of at least $400.00 will be assessed and immediately due if National is aware of a pet on the premises that has not been authorized by National. Thenon-disclosure fee will be in addition to pet fees required by the property of residency and National may at any time and with immediacy terminate this Agreement with respect to occupants who refuses to comply with all applicable pet terms. Any and all damage costs or excess cleaning costs related to any pet in any unit will be the financial responsibility of the occupant upon move out or later discovery by National, and all such damages or costs will be in addition to the Pet Fee.
10.1 Facilities and Services
The following information applies to select National operated apartments.
Housekeeping: If your apartment includes cleaning services you will be notified of the cleaning schedule upon request. If the cleaners cannot gain access to your apartment for any reason during the regular cleaning day/time, please be informed that a clean may not be able to be rescheduled during the same week. Should you wish to reschedule during the same week there may be an additional charge. However, regular services will be expected to continue the following week. If for any reason you wish to change your regular clean, we must be notified in writing at least 48 working hours in advance (for example, if your clean is on a Monday, we must be notified no later than Thursday with regards to any change of date). If you wish to have your apartment cleaned more regularly additional charges will apply; to be confirmed upon request.
Apartment Access: Routine maintenance is carried out regularly by the property’s management team. In the event access is required, we will attempt to notify you at least 24 hours in advance, except in the event of an emergency when we require immediate access.
Telephone: Where telephones are provided in apartments guests are responsible for all call charges incurred during their stay unless otherwise aggreed. In some cases the call charges are provided by a third party supplier and guests are responsible for setting up an account with the provider direct.
Internet Access: Information about Internet access will be provided at time of booking and on arrival. Access is subject to National’s acceptable use policy and at peak times the bandwidth available for connection to the Internet may be under pressure due to the number of people connecting to the Internet, both internally and externally. National recommends that activities requiring increased bandwidth such as Skype, Movie/TV streaming is limited at these times. Guests must not interfere, move or disconnect any equipment relating to the provision of the Internet access and must not use the connection for any illegal or immoral purpose (including but not limited to file sharing) and National reserves the right to pass on any record to the authorities should National be made aware of any such use. National reserves the right to disconnect a guest at any time without notice if, in National’s opinion they breach any of these terms and conditions.
Keys: Guests will be provided with a set of keys/fobs/access card to access the property and the apartment and parking space, where applicable. Additional sets can be provided on request. It is your responsibility to ensure you are in possession of these at all times and that they are returned at the end of your stay. An additional charge will be made for replacements and if we are required to provide access due to lost or forgotten keys.
Interruption to services: We will make every effort to ensure that guests enjoy a peaceful stay, however, cannot guarantee or be held responsible for any failure or interruption of services to the apartment or the building, including electricity, air conditioning, water or any damage to telephone, broadband/ internet and other communications, including disruption or noise caused as a result of repair works being carried out in another part of the property. Where we are made aware of such failure or interruption we will endeavour to rectify such services within a reasonable period of time at our apartments, and will use reasonable endeavours to ensure any preferred supplier is made aware of, and rectifies, such problems within a reasonable period.
Emergency Services: Our suppliers are available to ensure your stay is as comfortable and enjoyable as possible. Contact details for after-hours needs are made available in your welcome letter.
11.1 Health and Safety
Health and Safety of all our guests is paramount to us. On arrival you should familiarise yourself with the layout of the apartment and building and the health and safety procedures specific to your apartment.
12.1 Quality and Feedback
We are committed to providing superior service. We welcome your feedback and you will be asked to complete a guest satisfaction survey upon arrival as well as after departure. We value this feedback which provides us with useful information on how we can improve our services further.
In the unlikely event that you are dissatisfied with any aspect of your accommodation please notify National’s management team soon as possible. If you do not give us the opportunity to resolve a problem during your stay, this may affect the final outcome of any complaint received. We aim to deliver an exceptional experience, but in the unlikely event that you are dissatisfied with our service, please contact us by email at [email protected].
National will not rent or sell your Personal Information to others but may disclose personal information with third-party vendors and service providers that work with National. We will only share Personal Information to these vendors and service providers to help us provide a better product or service to you in furtherance of the relationship you desire to have with National. National may disclose your information to others with that purpose in the following ways:
- when we have received your written consent to do so;
- when you voluntarily choose to include personally identifiable information in a publicly accessible area of a Website (e.g., public profile);
- we may use information in “cookies” and “automatically collected” information to: (a) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Websites; (b) provide customized third party advertisements, content, and information; (c) monitor and analyze the effectiveness of the Websites and third party marketing activities; (d) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (e) track your entries, submissions, and status in any promotions or other activities.
- when we communicate with employers, relocation companies, travel agencies, companies or organizations, who have made reservations, agreed to make payments, arranged for discounts, or purchased services on your behalf or if you use our services under a corporate or other commercial account;
- if you seek to have your rental charges invoiced to your employer or any other third party, we may disclose personally identifiable data about you to that employer or third party and to any companies that assist the third party in processing invoices;
- when we report to credit card issuers, credit reporting and fraud checking agencies and debt collection agencies, but only to the extent necessary to comply with contractual agreements;
- if you choose to do business with us through, or with the assistance of, your employer's or any third party's travel agent, relocation company or other intermediary, we may disclose personally identifiable data about you to the employer or other intermediary to make, modify or cancel a reservation made by or with the assistance of the agent, to respond to questions or comments made by the agent on your behalf, to facilitate any other task that the employer or intermediary advises us that you intend for the agent to fulfill, or that such an agent would, as a matter of industry practice, typically fulfill;
- in situations where sharing or disclosing your information is required in order to offer you services you desire, but only in the event we advise you of our intention to share such information;
- when companies or service providers that perform business activities on behalf of National require such information (e.g., credit card processing, customer support services, market research administration or database management services)
- in the event National is merged with, National or its assets are acquired by, or National acquires another company, in any of these circumstances, we reserve the right to transfer or assign the information that we have collected from you, in connection therewith;
- to comply with legal or regulatory requirements or obligations in accordance with applicable law or court order, judicial or other government subpoena or warrant, and otherwise in our good faith belief that disclosure is necessary or appropriate to satisfy any law, regulation or other governmental request, to operate any Website properly, or to protect or defend our rights or the rights or well-being of our employees, users or others or if you are involved (or are suspected by governmental authorities or our security functions to be involved) in any illegal activity; or
- in case of emergency such as to safeguard the life, health, or property of an individual.
We reserve the right to change these conditions from time to time. If guests are in breach of any of these conditions, we reserve the right to request that guests vacate their apartment immediately. These conditions shall be governed by and construed in accordance with the laws of England and the Courts of England shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning these conditions and any matter arising from them.
Domestic Introduction and Agreement
These Terms of Service apply to the services offered by National Corporate Housing, Inc. (“National”) in connection with the Nationalcorporatehousing.com, National-branded websites, affiliated websites that are both directly linked from this website and display a link to these Terms of Service, and related mobile applications (collectively the “Site”). Any individual who visits, views, accesses or uses any version of the Site, including through a bot or other automated means, (“You” or “User”) is bound by these Terms of Service. By using the Site, You represent and warrant that You are at least eighteen (18) years of age and You hereby agree to be bound by all of the following provisions of these Terms of Service, which form a legally binding contract between You and National. If You do not agree to these Terms of Service, You are prohibited from accessing the Site and must immediately discontinue use.
We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of these terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms periodically for changes. Your continued use of the Site following the posting of changes to this Agreement will mean you accept those changes. Please print and retain a copy of this Agreement, as it may be changed from time to time, for your records. By accessing the Site You do so on your own initiative and You are responsible for compliance with local laws, if and to the extent local laws are applicable.
By using the Site, you acknowledge that published rents, availabilities, and amenities are subject to change at the sole discretion of the property owner, manager, or sublandlord at any time and without further notice. We provide the material available through this Site for informational purposes only. You may use the content, information, data and materials from, and the products and services available through, this Site solely for Your use. Before You act on any such content, information, data and materials You have found on, or purchase any products or services available through, this Site, You should independently confirm any facts that are important to Your decision. IF YOU RELY ON ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS SITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY INFORMATION, PRODUCT OR SERVICE.
All information and content available on this Site (collectively, “Materials”) is protected by copyright and other intellectual property laws. The Materials are owned by National and its affiliates, and/or their respective vendors and suppliers (collectively, “Licensors”). The Materials are intended for personal and noncommercial use only. You may not copy, reproduce, sell, license, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Materials in any other way or for any other purpose without the prior written consent of National.
The trademarks, trade names and service marks (the "Marks") displayed on this Site are the property of National or other third parties. You are not permitted to copy or otherwise use these Marks without the prior written consent of National or such third party which may own the Mark. All rights, titles, and interests in and to the Site, and all Materials and Marks thereof, are owned and reserved by National and its Licensors. All rights not expressly licensed hereunder are reserved by National and its Licensors.
The Site may from time to time include information and referrals to local areas, including dining, shopping or other events, or local vendors, or links to search engines or directories for locations. National does not warrant the accuracy or completeness of any links, venues, establishments or vendors included by any links on this Site for identified locations and National disclaims any responsibility for the content or availability of any information contained in any link, search index, or directory offered in connection with the Site.
National reserves the right in its sole discretion to enhance, modify, or remove any information or content appearing on the Site. National also reserves the right to cancel or modify the availability, any property, any location, and any reservations from National where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.
The Site may contain information on National’s services, not all of which are available in every location. The Site may contain technical inaccuracies or typographical errors or omissions. National is not responsible for any typographical, photographic, technical or pricing errors (including without limitation mistaken rates) listed on our Site. National reserves the right to make changes, corrections and/or improvements to the Site and to the products and programs described in such information, at any time without notice.
The services, products and programs mentioned on the Site are subject to availability. For specific unit availability and program information, please contact a National representative.
All software contained in this Site is owned by National, its affiliates and/or Licensors and is protected by copyright and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the software on the Site is expressly prohibited by law and may result in civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.
Unsolicited Submissions of Content
While National does not claim ownership of any comments or suggestions that you may submit to National, by submitting a comment or suggestion or any other material to National, you hereby authorize and grant to National and its affiliated entities the world-wide, perpetual, irrevocable, royalty-free and fully paid-up, non-exclusive right and license (including the right to grant sublicenses through multiple levels) to use, display, reproduce, modify, perform, distribute, transfer, and create derivative works based upon, and otherwise exploit, such comment, suggestion or material, in whole or in part, anywhere in perpetuity in any and all media, whether alone or together or as part of any material of any kind or nature. Without limiting any of the foregoing, National and its affiliated entities will have the right (including the right to grant sublicenses through multiple levels) to use, copy, display, perform, distribute, modify, create derivative works based upon, and re-format the comment, suggestion or material in any manner that National may determine. By submitting a comment, suggestion or material, you represent and warrant to National that you have all necessary rights in and to all comments, suggestions or materials you provide and all information they contain and that such comments, suggestions or materials do not misappropriate or infringe any patent, copyright, trade secret or other intellectual property, proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
You agree to release, defend, indemnify and hold National, its affiliates, Licensors, and their respective officers, directors, employees, agents and contractors harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys' fees) and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise ("Claims") arising from (i) or in any way connected with these Terms of Service, (ii) the services or products provided to you by the Site or any related act or failure to act by You and whether or not occasioned or contributed to the negligence of National or any agent or employee of the indemnified parties identified above (except to the extent prohibited by applicable law), (iii) Your use of the Site or any reliance on the Materials, (iv) Your breach of these Terms of Service, or (v) any actual, prospective or terminated lease or other transaction between You and a third party.
In the event that any Claim is made or any action or proceeding is brought against the indemnified parties identified above (the “Indemnified Parties”), or any of them, arising out of or connected with these Terms of Service, any such Indemnified Party may, by reasonable notice to You, require You, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval will be deemed to have been given hereby in the case of counsel acting for Your insurance underwriters engaged in such resistance or defense. You will cooperate with us in the defense of any Claim. National reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You.
National reserves the right to cooperate fully with any law enforcement officials and/or agencies if requested or required in the investigation of any Users, including without limitation, any User who violates, or is suspected of violating, these Terms of Service. National may disclose your information to such law enforcement officials and/or agencies if requested to do so or if required by law.
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. NATIONAL, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE MATERIALS, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, AND THE MATERIALS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND NATIONAL, ITS AFFILIATES, AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. NATIONAL AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE RENTER OF ANY APARTMENT OR PROPERTY AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE APARTMENT; AS TO THE ADVERTISED AVAILBILITIES, RENT, LEASE TERMS, SECURITY DEPOSIT, OR APPLICATION FEES, IF ANY; OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT AN APARTMENT OR PROPERTY APPEARING ON THE SITE. NATIONAL DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. NATIONAL RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL APARTMENTS AND PROPERTIES ARE SUBJECT TO PRIOR LEASE. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING AN APARTMENT OR PROPERTY MUST BE ADDRESSED WITH THE LANDLORD, SUBLANDLORD, AND/OR PROPERTY MANAGEMENT COMPANY PRIOR TO LEASING OF THE APARTMENT OR PROPERTY. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You.
Limitation of Liability
NATIONAL, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, THE MATERIALS, THESE TERMS OF SERVICE OR OTHERWISE (THE “SERVICE”), INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE. IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF NATIONAL, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO NATIONAL. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN NATIONAL AND YOU. THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NATIONAL CREATES ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. FOR PURPOSES OF THIS LIMITATION OF LIABILITY, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to You.
Termination of Service
You understand and agree that in National’s sole discretion, and without prior notice, Your access to this Site may be terminated or suspended, and National may exercise any other remedy available, if it believes that Your use of the Site (a) violates (i) these Terms of Service, (ii) the rights of National, its affiliates, a Licensor, or another User, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitutes fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to National for violations of these Terms of Service, and You consent to injunctive or other equitable relief for such violations without the requirement that National post a bond. National is not required to provide any refund to You if Your use is terminated as a result of National’s determination, in its sole discretion, that You have violated these Terms of Service. Notwithstanding any termination hereunder, You acknowledge and agree that those rights and obligations which by their nature are intended.
Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c) (2), notifications of claimed copyright infringement should be sent to our Designated Agent. To report alleged copyright infringement taking place on or through the Site, please complete a written DMCA Notice of Alleged Infringement (the “Notice”) and deliver it to National’s Designated Copyright Agent. Upon receipt of a Notice, National will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and/or termination of the User’s account in appropriate circumstances. Please note that a complainant may be liable for damages (including costs and attorneys’ fees) if he or she knowingly makes a material misrepresentation that content is infringing.
DMCA NOTICE OF ALLEGED INFRINGEMENT
Please include in the Notice:
(1) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(2) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit National to locate the material.
(3) Information reasonably sufficient to permit National to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(4) The following statement and representation (to repeat verbatim): I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(5) The following statement and representation (to repeat verbatim): The information in this Notice is accurate, and under penalty of perjury, that (choose one) (i) I am the owner or (ii) I am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
(6) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Deliver the Notice to National’s Designated Copyright Agent:
c/o Legal Department
National Corporate Housing, Inc.
8400 E. Crescent Pkwy, Ste. 300
Greenwood Village, CO 80111
National may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. These Terms of Service will be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflicts of law provisions. You hereby agree that any cause of action You may have with respect to the Site must be exclusively filed in the federal or state courts located in Denver, Colorado, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Denver, Colorado, and waive any objection based on forum non conveniens. As a condition of using this Site, You agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by National to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. These Terms of Service and any other terms and conditions or policies applying to Your use of the Site, constitute the entire agreement between the parties regarding the subject matter hereof. Nothing contained herein shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties. Notwithstanding anything to the contrary herein, if you and National have entered into a separate written National contract, the terms and conditions of such contract shall control with respect to any term that is inconsistent with these Terms of Service. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THESE TERMS OF SERVICE, PLEASE EXIT THE SITE IMMEDIATELY.