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Pay As You Stay Terms of Service

Pay As You Stay, Inc. (“PAYS”, or “us”, “our”, “we”) provides a service that allows users to reserve and pay for hotel rooms through a mobile application (the “Services”). These Terms of Service (“Terms”) govern your access and use of the Services. “You” means any user of the Services. Please read these Terms carefully. You must accept these Terms prior to using the Services. By using the Services, you signify your consent to these Terms, including without limitation our privacy policy, which may be modified by PAYS in its sole discretion from time to time, and a current copy of which is available at https://asyoustay.com/privacy/ (the “Privacy Policy”).

Use of Services

PAYS allows you to access and use the Services subject to these Terms. PAYS may, in its sole discretion and at any time, modify or discontinue providing the Services or any part thereof without notice. PAYS also reserves the right to modify its payment terms with reasonable prior notice. Use of and access to the Services is void where prohibited by law. By using the Services, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you either are 18 years of age or older, or else have the permission of your parents or guardians to use the Services and (d) your use of the Services does not violate any applicable law or regulation or any obligation. When you reserve or book any accommodations through the Service, you representing and warrant that: (i) all payment and credit card information you supply is correct, accurate and complete; (ii) charges incurred by you will be honored by your credit card company and (iii) you will pay the posted price for the hotel room, even if you are unable to stay in that hotel room.

Registration

You may register to use PAYS by creating an account and providing all information as requested by PAYS. You represent and warrant that all information provided in the creation of an account is correct and accurate. Creation of an account is subject to the prior written consent of PAYS, and PAYS may refuse to open an account for any individual or entity in its sole discretion. PAYS reserves the right to refuse to open an account if not all appropriate information is provided. We may allow you to register or otherwise use the Services through third party login services (such as Facebook). If you choose to login or register through such third party services, you agree to the terms and conditions of all such third party services. You acknowledge that the use of third party services to login or register for the Site may provide us with access to certain information and data that you have provided to such third party service (according to the terms and conditions of such third party service) and you expressly agree to our use of such data or information in accordance with these Terms and Privacy Policy. You agree to immediately notify us of any unauthorized use of your account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. PAYS will not be liable for any losses or damage arising from unauthorized use of the Services, and you agree to indemnify and hold PAYS harmless for any improper or illegal use of the Services, and any charges and taxes incurred, unless you have notified us via e-mail at support@asyoustay.com that your account have been compromised. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Services.

Termination of Account

You agree that PAYS may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Services any User Content (as defined below) associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, including travelers, other users or the business interests of PAYS. If your account is terminated, you may not rejoin PAYS again without our express permission. If PAYS believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Services. You may request termination of your PAYS account at any time and for any reason by sending an email to support@asyoustay.com. Any suspension, termination, or cancellation of your account or these Terms shall not affect your obligations to PAYS and its licensors under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

Intellectual Property

PAYS and its licensors own the Services, including all worldwide intellectual property rights in the Services, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Services or any User Content (as defined below) appearing in the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of PAYS or any third party. You may not or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services; (b) circumvent, disable, or otherwise interfere with security-or access-related features of the Services or features that prevent or restrict use or copying of any User Content; (c) use any robot, spider, Services search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services; (d) harvest, collect or mine information about users of the Services; or (e) use or access another user’s account or password.

Accommodation Descriptions

PAYS attempts to be as accurate as possible. If you have reason to believe that a hotel room you booked through the Service does not meet the description provided by the Service, you must contact PAYS immediately (and in any case no later than three business days following the check-in date or feature request date). Your failure to contact us within this period may affect our ability to investigate and resolve your claim. Images and descriptions of any accommodations are provided by the hotel or other third party. PAYS is not responsible for the accuracy of images or descriptions of any accommodations.

Rates, Taxes and Fees

You acknowledge that PAYS provides the Service for a fee (the “Fee”). The room rate displayed on the PAYS application includes the room rate negotiated by PAYS as well as the Fee. When you book a room using the Service, we facilitate your booking and charge your method of payment the total reservation price, which includes the room rate displayed on the application, plus any tax recovery charges, service fees, and where applicable, taxes on the Services. The tax recovery amount is includes an estimated amount to recover the amount we pay the hotel for taxes owed by the hotel, including, without limitation, sales and use tax, occupancy tax, room tax, excise tax, value added tax and other taxes. In some cities, the tax may include government imposed service fees or other fees not paid directly to a taxing authority but still required by law. The amount paid to the hotel for taxes may vary from the amount we estimate. You are responsible for paying the hotel directly for any room upgrades or other incidental charges you make once you are at the hotel. PAYS does not provide any refunds for paid amounts under any circumstances.

Over-Bookings and Cancellations

If for any reason a hotel is unable to honor your reservation, contact us immediately, and we will work with you and the hotel to find you alternative accommodations (such as an available room at a different location).

Copyright Infringement

PAYS respects the intellectual property rights of others and expects its users to do the same. PAYS will remove all infringing User Content if properly notified that it infringes third party intellectual property rights, and may do so at its sole discretion, without prior notice to users at any time. Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond expeditiously to copyright owners who believe material appearing on the Services infringes their rights. If you believe that something appearing on the Services infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. It is PAYS policy to terminate the account of repeat infringers in appropriate circumstances, taking all facts and circumstances into account. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to our copyright agent: support@asyoustay.com.

Disclaimers & Disclaimer of Warranty

Your use of the Services is at your sole discretion and risk. The Services are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from PAYS. PAYS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE Services AND/OR USER CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PAYS DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE Services AND/OR USER CONTENT; OR (II) THAT THE Services WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE Services. PAYS is a platform that allows users to reserve and pay for accommodations online. PAYS itself makes no representations and warranties regarding any accommodations made available through the Services and accepts no liability in respect thereof. All claims regarding any accommodations made available through the Services must be made directly against the applicable hotel or other providing entity. PAYS does not endorse or recommend any hotel or other accommodations. No advice or information, whether oral or written, obtained by you from PAYS, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

Limitation of Liability

IN NO EVENT SHALL PAYS OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE Services OR CONTENT, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE Services, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT PAYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL PAYS'S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO PAYS FOR USE OF THE Services. IF YOU HAVE NOT MADE ANY PAYMENTS TO PAYS FOR THE USE OF THE Services, THEN PAYS SHALL NOT HAVE ANY LIABILITY TOWARDS YOU. In addition to the foregoing, PAYS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User Content. PAYS is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Services, including any injury or damage to users or to any person's mobile device or computer related to or resulting from participation or downloading materials in connection with the Services. UNDER NO CIRCUMSTANCES SHALL PAYS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE.

Indemnification

You agree to indemnify, defend, and hold harmless PAYS and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Services, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Services, including, without limitation, provision of services in connection with the Services shall be in compliance with all applicable laws, regulations and guidelines.

Miscellaneous

These Terms shall be governed by the laws of the State of New York exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods. Your conduct may also be subject to other local, state, and national laws. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against PAYS must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and PAYS or enables you to act on behalf of PAYS. Except as may be expressly stated in these Terms, these Terms and our Privacy Policy constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled.

Binding Arbitration

You and PAYS agree that, except as provided below, all disputes, controversies and claims related to these Terms (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. The arbitration will be conducted in New York, NY unless the parties agree to video, phone and/or internet connection appearances. In the event of a conflict between the terms set forth herein and the JAMS Rules, the terms herein will control and prevail. Except as otherwise set forth herein, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and PAYS will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (a) you and PAYS may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law. You and PAYS agree that any arbitration shall be limited to the Claim between PAYS and you individually. YOU AND PAYS AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION. You and PAYS agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of your or PAYS’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If PAYS initiates arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

Last updated: June 2016
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