Gameday Housing LLC
User Agreement
1. How this agreement works.
1.1 Introduction. Welcome to Gameday Housing's online renting and listing
community (the "Site"). This User Agreement ("Agreement") lists the terms of the
agreement between you and Gameday Housing LLC for the renting and listing of real estate property ("property"),
and all other services that we provide (the "Services"). By completing the registration
process, you agree to accept the terms and conditions of this Agreement and to become
a registered user of this Site.
1.2 Modification. If we change this Agreement, we shall post a revised
version of this Agreement here, which shall automatically replace the terms of this
Agreement. Your continued use of the Site and the Services following Gameday Housing's
posting of a revised Agreement will constitute your acceptance of the revised Agreement.
If you do not agree with the terms of this Agreement or any revised version of this
Agreement, do not continue to use the Services or this Site.
1.3 Additional Policies. This Agreement incorporates by reference the following
policies and documents also found on this Site:
- Privacy Policy
- What we do
2.
Who we are and what we do.
2.1 Housing Rental Service Provider. Gameday Housing is a website service
that allows registered users who want to rent Housing ("Renters") to find properties
to rent from registered users who want to list their properties, including but
not limited to property Owners, Owners' agents, etc. ("Owners"). Please remember
that Gameday Housing acts as a marketplace only to allow Renters and Owners to interact
regarding property rentals.
3. How to become a registered user.
3.1 Requirements. To be a registered user of this Site, you must agree
to accept the terms and conditions of this Agreement, and you must have a valid
credit or debit card that we accept (see Section 5.2 below for further details).
You may only use the Services if you are able to form legally binding contracts,
are over the age of 18, and are not temporarily or indefinitely suspended from our
Sites. If you do not qualify, please do not use or try to use the Services. If you
are under the age of 18, you may only use this site in conjunction with and under
the supervision of your parents or guardians.
3.2 Registration. We will not accept any request from you to rent or list
a rental property before you have registered with us. To register, you must provide
your legal and current name, address, phone number, an active email address, and
a valid credit or debit card.
3.3 Email Address and Password. You will need an email address and password
to access the Site and use the Services. You are solely responsible for maintaining
the security of your email address and password and for all activity that occurs
under your email address and password. You should not disclose your password to
any other person.
4. Listing rental properties as an Owner.
4.1 Listing Process. A registered user who wants to list properties may
list the properties in the Gameday Housing marketplace. As part of the listing process,
the Owner assigns a rate to the property rental and provides information such as
the event description, check-in date, check-out date, check-in time, check-out time,
number of bedrooms, number of bathrooms, number of people property accommodates,
and other amenities in accordance with the process outlined by
What we do.
4.2 Fixed Price Rentals An Owner who lists a property (or properties)
for rent on the site will do so using a fixed price rental. Under this system,
the Owner sets a definite price at which the property will be reserved
immediately when a Renter places a reservation request for the property.
4.3 Owner Responsibility. Once an Owner confirms a reservation
of a property from a Renter, the Owner is responsible for fulfilling the reservation
with the exact property that the Owner listed. The Owner will be charged a convenience
fee if Owner lists a property for rent and is unable to produce the exact property
the Owner listed. The convenience fee will depend on how much it costs us to secure
comparable or better replacement accommodations for the Renter. Gameday Housing
is not responsible for any errors made by the Owner in the listing or pricing of
a property rental and is not liable for any such errors.
5. Finding housing and securing reservations as a Renter.
5.1 Making Reservations. To make a reservation, a Renter first
browses the Gameday Housing listings for housing that match what the Renter is seeking.
When the Renter finds desirable accommodations, the Renter places a "booking request"
to reserve the housing. All booking requests are final and, once placed, cannot
be cancelled or retracted. Placing a winning booking request does not complete the
transaction. Owners have 72 hours to receive notification of an reservation and confirm
delivery. The reservation is complete and Gameday Housing’s Guarantee to the Renter
takes effect only after the Owner has confirmed the reservation and the Renter’s
credit or debit card has been charged.
5.2 Credit Card Authorization. The Renter's credit or debit card is not
charged until the Renter’s reservation is confirmed by the Owner. However, when
a Renter places reservation request, we obtain an authorization from the Renter's
credit or debit card for the full reservation amount, which equals to the total
rental price, plus a deposit of $1000. The authorization remains on the Renter's
credit card until the transaction is completed or the reservation is cancelled. Although
an authorization is not a charge, debit card issuers will place a hold on funds
when an authorization is obtained by Gameday Housing. When booking housing, an authorization
is sent to the Renter’s credit or debit card for
each reservation the Renter places.
Please contact your financial institution to better understand their policies on
such matters. In all cases, Gameday Housing is not responsible for any bank fees
or other penalties resulting from authorizations and/or charges to the Renter’s
credit or debit card when the Renter books a rental. Gameday Housing discourages
the use of debit cards for reserving a rental.
5.3 Property Listing Information. Event details, check-in date, check-out
date, check-in time, check-out time, number of bedrooms, number of bathrooms, number
of people property accommodates, and other amenities available may change. It is
up to you, the Renter, to verify the most recent changes. Please contact the box
office or refer to local listings for any changes.
5.4 Owner Comments. Gameday Housing does not guarantee any information
provided by Owners in the Owner Comments area of property listings.
6. Notifying the Owner of the reservation.
6.1 Notification. Once we obtain an authorization from a Renter, we notify
the Owner of the property via email and/or telephone that a Renter has reserved
the listed property at the listed rate and is willing to pay the deposit that we
have calculated for the rental. At this time, Gameday Housing verifies the authenticity
of the reservation and reserves the right to cancel any reservation that it identifies
as fraudulent.
6.2 Owner's Confirmation. In most cases the Owner confirms the reservation
within 3 business days using our automated online confirmation process. If the Owner
cannot confirm the reservation we will suspend the reservation for a period of 4
business days and ultimately cancel the reservation if no action is taken.
7. Completing the booking.
7.1 Credit Card Charge. Once the Owner confirms the reservation, we charge
the Renter's credit card for the total transaction price, plus deposit, and any taxes.
At no time do we provide the Renter's credit card information to the Owner. The
credit card charge is paid to us, and the Owner is compensated for the transaction according
to the payment policy. Owners can see the exact amount of the commission that we
will collect before completing the listing process and committing to list their
properties for rent.
7.2 Dispute Resolution. After fulfilling a reservation, if a Renter is
dissatisfied with any part of his or her experience, the Renter must follow the
rules for dispute resolution set forth in our Guarantee.
8. Your relationship with us.
8.1 Permission. As a Renter, you grant Gameday Housing permission to charge
your credit card for your rental reservation. As a Owner, you grant Gameday Housing
permission to charge your credit card to list your property, and if you, at any
time, fail to deliver the property you've listed or deliver invalid, fraudulent,
counterfeit, or a misrepresented property rental. These charges may include, but
are not limited to, the cost of replacement housing, coupons and gift certificates,
shipping charges, refunds to the Renter, and other charges we incur to satisfy the
Renter under the terms of Gameday Housing's Renter's Guarantee.
8.2 Grant of License. You grant Gameday Housing a perpetual, non-exclusive,
transferable, worldwide, irrevocable, royalty-free right to exercise publicity,
database, trademark and copyright rights, including the right to reproduce, modify,
adapt, publish and display on the Site and on the sites of our partners and affiliated
companies, any content you may provide to Gameday Housing in connection with your
use of Gameday Housing and its Services. You agree that Gameday Housing shall be
permitted to use your name or user ID, home city and other ancillary information
(for example, the number of years you have been a Gameday Housing user) in connection
with the content in conjunction with Gameday Housing's marketing, promotion and
publicity efforts in any media known now or in the future.
8.3 Release. Gameday Housing acts as a marketplace only to allow Renters
and Owners to interact regarding property rentals. In all cases, the submission
and confirmation of reservations are transactions between Renters and Owners only.
The fulfillment of confirmed reservations is the responsibility of the Owner. If
you have a dispute with one or more registered users, you release Gameday Housing
and all affiliated companies, officers, directors, agents, parents, subsidiaries,
legal representatives and employees from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with such dispute.
You acknowledge that California Civil Code Section 1542 provides: "A general release
does not extend to claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor." If you are a resident of California,
you agree to waive California Civil Code Section 1542. If you are a resident of
any other state or foreign country, you agree to waive in advance any similar laws
of such other jurisdiction.
8.4 Privacy. We use your information only as described in the Gameday Housing
Privacy Policy. If you object to your Information being transferred or used in this
way please do not use our services.
9. Things we don't allow.
9.1 Offline Transactions. You agree not to use the Gameday Housing
website to (a) contact other Gameday Housing users, (b) invite contact with other
Gameday Housing users, (c) solicit rentals outside of Gameday Housing, or (d) initiate
or engage in transactions (either purchases or rentals) outside of Gameday Housing.
Gameday Housing is not responsible for any damages or lost profits that result from
Gameday Housing users directly contacting other Gameday Housing users or for any
damages or lost profits resulting from transactions conducted outside of Gameday
Housing, including transactions that originate at Gameday Housing and are taken
offline.
9.2 Personal Information in Owner Comments. As a Owner, you agree not to
place any personal information (including, but not limited to, addresses, phone
numbers, or email addresses) in the Owner Comments area of property listings.
9.3 Abusive Behavior. You agree not to use abusive language or
behave in an abusive manner to any Gameday Housing employee or customer.
9.4 Adult Materials. You agree not to list, own or buy any adult materials,
obscene materials or pornographic materials through the Site, directly or indirectly,
and you agree not to use any names or other information found on or via this Site
to do so.
9.5 Illegal Activity. You agree not to use this Site for unlawful purposes
or in an unlawful manner. You agree to comply with all applicable local, state,
federal and international laws, statutes and regulations regarding use of the Site
and the listing of properties. You agree not to use or permit anyone to use information
provided through the Site for any unlawful or unauthorized purpose. You agree not
to register under a false name or use an invalid or unauthorized credit card. You
agree not to copy, modify, or distribute any content from the Site, including Gameday
Housing's copyrights and trademarks, and/or link to the Site without Gameday Housing’s
prior written permission.
9.6 Double Posting and Removal of a property listing. To list a property
for rent on the Site, you must first register with the Site. Once a property is
listed, we strongly discourage listing that property for rent elsewhere. If you choose
to list your property in a fixed price format, you may list your property for rent
in other marketplaces but are required to remove your property from the Site immediately
if your property rents elsewhere. Except as provided herein, you agree not to promote
the listing of property through any site other than Gameday Housing without express
permission from Gameday Housing. We reserve the right to prohibit users from posting
properties at Gameday Housing if they are not able to provide the exact housing
that were posted at Gameday Housing. If you, at any time, fail to deliver the property
you've listed or deliver invalid, fraudulent, or misrepresented accommodations,
Gameday Housing reserves the right to cancel the reservation and hold you liable
for any and all charges we incur to satisfy the Renter under the terms of Gameday
Housing’s Renter’s Guarantee. These charges may include, but are not limited to,
cost of replacement accommodations, coupons, and gift certificates, shipping charges,
and refunds to the Renter.
9.7 Stolen Property. The transfer of stolen property on Gameday Housing
is strictly forbidden, and violates state, federal and international law. Gameday
Housing strongly supports law enforcement efforts to recover stolen property that
is listed on the Site, and urges the prosecution of those responsible for knowingly
attempting to list such items on Gameday Housing. Stolen property includes items
taken from private individuals, as well as property taken without authorization
from companies or governments.
9.8 Promotional Materials. The Renter name and address
information is provided to Owners for the sole purpose of corresponding before,
during, and after a reservation. If you are an Owner, you agree not to include in
your correspondance to the Renter any promotional or other commercial material that
is not provided or approved by Gameday Housing. This includes, without limitation,
material that announces a website or invites the Renter to visit a website other
than Gameday Housing, catalogs, business cards, business reply cards, bookmarks,
coupons, flyers, solicitations or other marketing or advertising material. You agree
not to separately contact the Renter at any time for any reason.
10. Consequences.
10.1 Investigations. We may investigate complaints and violations of our
policies. You agree to cooperate fully with such investigations, including without
limitation, providing us specific information regarding your right to a property.
10.2 Violations, Termination and Suspension. We may take any action that
we deem appropriate in our sole discretion (including without limitation issuing
a warning, suspending or terminating service, denying access, removing a listing
or recommending you edit a listing) if: (a) you breach this Agreement or any document
it incorporates by reference; (b) you are unwilling to cooperate with our investigation
of a complaint or reported violation; (c) we are unable to verify or authenticate
any information you provide; or (d) we believe your conduct may cause legal liability
for you, for other users, or for Gameday Housing. You agree that payments owing
to you for transactions made through this Site may be suspended or delayed pending
our investigation. Gameday Housing is not obligated to pay you for any rentals if
we have a good faith basis to believe such rentals were unlawful or otherwise made
in material violation of this agreement.
10.3 Disclosure of Information. You agree that Gameday Housing may report
any activity that it suspects violates any law or regulation to appropriate law
enforcement officials, regulators, or other relevant third parties. Gameday Housing
will cooperate to ensure that violators are prosecuted to the fullest extent of
the law.
10.4 Making Adjustments. You authorize us to withhold payment or charge
your credit card account any amount you owe us if (a) a rental is cancelled for
any reason; (b) an adjustment is made under our Renter’s Guarantee; (c) we reasonably
believe that you have committed fraud or other illegal act or omission during any
buying or owning activity; (d) you are not able to produce the
exact accommodations
that you listed on the Site; (e) you deliver incorrect or misrepresented accommodations
for any reservation or portion of an reservation, (f) you otherwise owe us a specific
amount. If any of these things happen, we may also deduct from any amount we owe
you the amount you owe us.
11. Your warranties to us.
11.1 Accurate Descriptions. For all properties you list as the Owner, you
warrant that your descriptions of the properties accurately detail and describe
the housing offered for rent. If you, at any time, deliver invalid, fraudulent,
or misrepresented accommodations, Gameday Housing reserves the right to cancel the
reservation and hold you liable for any and all charges we incur to satisfy the
Renter under the terms of Gameday Housing’s Renter’s Guarantee. These
charges may include, but are not limited to, cost of replacement accommodations, coupons,
and gift certificates, shipping charges, and refunds to
the Renter.
11.2 Other Information. You represent and warrant that any information
you provide to us, to other users, or to visitors (a) is not false, inaccurate,
misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the
rental of counterfeit or stolen items; (d) does not infringe any third party's copyright,
patent, trademark, trade secret, rights of publicity or privacy, or other right;
(e) does not violate any law, statute, ordinance or regulation, including without
limitation those governing consumer protection, unfair competition, anti-discrimination
or false advertising; and, (f) does not contain any viruses or any programming that
is intended to damage, interfere with, intercept or expropriate any system, data
or personal information.
11.3 Laws and Regulations. You warrant that you will comply with all applicable
local, state, federal and international laws, statutes and regulations regarding
use of the Site and rental value of the properties. Gameday Housing does not monitor,
obtain, nor have any knowledge of the face value of housing rentals listed on the Site.
11.4 Indemnity. You agree to indemnify and hold Gameday Housing and (if
applicable) any parent, subsidiaries, affiliates, officers, directors, attorneys,
agents and employees, harmless against any claim or demand and all liabilities,
costs and expenses (including reasonable attorneys' fees) incurred by Gameday Housing
and (if applicable) any parents, subsidiaries, affiliates, officers, directors,
agents, attorneys and employees that arise out of any claim asserted by a third
party that involves, relates to or concerns any of your actions or omissions on
this Site, including but not limited to your breach of this Agreement, or your violation
of any law or the rights of a third party.
12. What we don't warrant (disclaimers of warranties and limitations of liability).
12.1 No Warranty. Except for the express warranties stated in this Agreement,
Gameday Housing provides the software, site and services on an "as is" basis and
"as available" basis without any warranties of any kind. Gameday Housing makes no
warranty with respect to its software, any properties, any event, the services Gameday
Housing provides, or that Owners or Renters will perform as promised, and Gameday
Housing expressly disclaims all such warranties, whether express, statutory or implied,
including without limitation any warranties of merchantability, title, non-infringement
of third party rights or fitness for a particular purpose. This warranty disclaimer
affects your legal rights, and you may also have other rights which vary from jurisdiction
to jurisdiction. Some jurisdictions do not allow exclusions of implied warranties
or limitations on how long an implied warranty lasts, so the above exclusion may
not apply to you.
12.2 Waiver of Consequential Damages; Liability Limit. Gameday Housing
expressly disclaims any responsibility for any lost profits or special, consequential,
incidental, or exemplary damages (including without limitation indirect and special
damages) that may result from the services or the site, or the suspension, termination
or malfunction of the services or the site. Gameday Housing's liability to you or
anyone else in any circumstance is limited to the lesser of (a) $100, and (b) the
total dollar amount of all housing you rented and/or listed via Gameday
Housing in the 12 months prior to the action allegedly giving rise to liability.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential
damages, so the above exclusions or limitations may not apply to you.
12.3 Allocation of Risk. You acknowledge and agree that the foregoing disclaimers
and limitations of liability represent bargained for allocations of risk, and that
the pricing and other terms and conditions of this agreement reflect such allocations
of risk.
12.4 Tax Indemnity. You agree that Gameday Housing is not responsible in
any way for the accuracy or suitability of any payment of taxes to any entity on
your behalf. You shall indemnify and hold Gameday Housing and (if applicable) any
parents, subsidiaries, affiliates, officers, directors, agents and employees harmless
against all liabilities, costs, interest and expenses (including reasonable attorneys'
fees) incurred by Gameday Housing that arise out of any third party or governmental
claim that involves, relates to or concerns (i) any federal, state or county tax
obligation or amounts due or owing under any tax regulation, law, reservation or
decree or (ii) any dispute concerning the tax status of Gameday Housing.
12.5 Change or Suspension of Site. Gameday Housing reserves the right at
any time to modify or discontinue, temporarily or permanently, the Site or any part
of the Site with or without notice. You agree that we shall not be liable to you
or any third party for any modification, suspension or discontinuance of the Site
or any Services under this Agreement, for any reason. We do not guarantee continuous,
uninterrupted or secure access to our service, and operation of our Site may be
interfered with by numerous factors outside of our control. Gameday Housing is never,
for any reason, responsible for properties listed on the site that do not own, including
properties that remain unrented during a site outage.
12.6 Regular Maintenance. The Site could be unavailable from 12am-3am EST
each morning while it is being updated and modified. During this time, the Site
will be temporarily unavailable. The Gameday Housing Site is updated daily at 4-hour
intervals. When a Owner lists a property for rent on the site, the listing may not
be available for purchase until the next regularly scheduled site update (up to
4 hours). Gameday Housing is not responsible for unrented properties resulting from these
regular 4-hour site updates.
13. We own the intellectual property rights to our Site and Service.
13.1 Ownership of Intellectual Property. You acknowledge and agree that
(i) our patents, trademarks, trade names, service marks, copyrights and other intellectual
property (collectively, "Intellectual Property") are and shall remain our sole property,
and (ii) nothing in this agreement shall confer in you any right of Ownership or
license rights in our Intellectual Property. In addition, you shall not now or in
the future contest the validity of Gameday Housing's Intellectual Property.
13.2 Copyright. Copyright (c) 2008, Gameday Housing LLC The software and
the Site, including without limitation all text, graphics, logos, buttons, icons,
images, audio clips, and computer programs, are the property of Gameday Housing
or its suppliers, and are protected by U.S. and international copyright, trademark
and other laws. The compilation (meaning the collection, arrangement, and assembly)
of all content on the Site is the exclusive property of Gameday Housing and protected
by U.S. and international copyright law. Any unauthorized reproduction, modification,
distribution, transmission, republication, display, or performance of the software
or the content on the Site is strictly prohibited.
14. Additional terms that affect our agreement.
14.1 No Agency. You and Gameday Housing are independent contractors, and
no agency, partnership, joint venture, employer-employee or franchisor-franchisee
relationship is intended or created by this Agreement.
14.2 Notices. Except as expressly stated otherwise, all notices to Gameday
Housing shall be sent to the email addresses provided on the Site (e.g.,
customerservice@gamedayhousing.com).
Our street address is PO BOX 14152 Chicago IL 60614. Except
as expressly stated otherwise, all notices to you shall be sent to the email address
you provided to us during the registration process. Such notice shall be deemed
given one business day after the email is sent.
14.3 Governing Law; Arbitration. This Agreement shall be governed by and
interpreted in accordance with the laws of the State of Illinois, U.S.A., without
regard to its provisions governing conflicts of law. Except for allegations that
you have infringed or have threatened to infringe our intellectual property rights,
you and we agree that any dispute or controversy between us, or arising under or
concerning performance or breach of this Agreement, shall be settled by one arbitrator
in binding arbitration, to be held in Chicago, Illinois, U.S.A., under the
then-current rules of the American Arbitration Association. Judgment on the arbitration
award may be entered in any court of competent jurisdiction. If we allege that you
have infringed or threatened to infringe our intellectual property rights, then,
in addition to any other rights and remedies we may have, we may seek any preliminary
or permanent injunctive relief from any court of competent jurisdiction. For such
actions, you consent to the exclusive personal jurisdiction and venue of the federal
and state courts in and for Chicago, Cook County, U.S.A.
14.4 Miscellaneous. This Agreement (and all documents incorporated by reference)
constitutes the entire agreement between the parties pertaining to the subject matter
hereof and supersedes all prior agreements and understandings between the parties
hereto with respect to the subject matter hereof, whether written or oral. No amendment,
modification or supplement of any provision of this Agreement will be valid or effective
unless made in accordance with the express terms of this Agreement. If any provision
of this Agreement is held to be invalid or unenforceable under any circumstances,
its application in any other circumstances and the remaining provisions of this
Agreement shall not be affected. You may not assign or transfer this Agreement,
or any of its rights or obligations, without the prior written consent of Gameday
Housing, which we can refuse in our sole discretion. Nothing in this Agreement is
intended to confer benefits, rights or remedies unto any person or entity other
than the parties hereto and their successors and permitted assigns. Our suppliers
and co-brand partners are third-party beneficiaries of this Agreement. The subject
heading at the beginning of each paragraph of this Agreement is for reference purposes
only and in no way defines, limits, construes or describes the scope or extent of
such paragraph.