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Terms of Service
Welcome to boutique-homes.com (“BH”, “We” “Us”). We provide the BH Services described below subject to these Terms of Service.
We reserve the right, in our sole discretion, to change these Terms of Service at any time by posting revised terms on the site. Notice of these changes will be posted on the homepage of this Website and the revised Terms of Service will take effect seven (7) days after their publication on the Service. In the event, we make material changes to the Terms of Service we will also notify you via email at the address we have on file. Your continued use of or access of BH following the posting of any changes constitutes acceptance of those changes. For your information, these terms were last updated on the date listed in the table below.
In addition, when using the Services, you shall be subject to any posted guidelines, policies or rules applicable to such services which may be posted from time to time as set forth below and incorporated herein by reference.
Should you become aware of any violations of these Terms of Service and/or related guidelines, policies, or rules please report them to [email protected]
PLEASE NOTE: BH Services are only available to users eighteen (18) years of age and older.
- Limited License
BH grants you a limited, revocable non-exclusive license to access this website and the content and services provided herein solely for the purpose of advertising a property, searching for a property, or for any other purpose clearly stated on this website, all in accordance with the Terms of Service. Any use of the website that is not for one of these purposes or otherwise in accordance with the Terms of Service or as otherwise authorized by us in writing, including any republication or commercial use, is expressly prohibited.
- Our Service
BH is a platform that creates an online marketplace where Hosts can advertise their properties (“Property Listings”) and Guests can search and book accommodations. BH only provides two services – the online marketplace and payment processing for reservations made through the marketplace (“BH Service”). BH does not own, manage, or operate any of the accommodations listed on its platform nor is it an organizer or retailer of travel packages. Reservations made on the platform are between the Guests and the Hosts and BH is not a party to this contract.
All the information regarding the accommodations listed on the platform is based on the information provided to us by the Hosts. BH does not endorse any Hosts listed. The Host is always responsible for the information disclosed on the listings. BH cannot review or guarantee that the information is accurate and is not responsible for any errors or omissions. You understand that the BH Service is provided on an “AS IS” basis, as each Host is solely responsible at all times for the quality, condition, safety, and legality of the accommodations advertised, accuracy and correctness of the listing information, including, but not limited to, the rates and availability displayed on the platform.
Please note that although BH provides payment processing, we are not responsible for the payment solutions themselves. In particular, we are not responsible for any decision taken by any payment provider to decline your payment.
- Guest Obligations
In consideration of your use of the BH Service, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form or BH’s representatives (“Profile Data”); (b) maintain and promptly update the Profile Data to keep it true, accurate, current and complete; and (c) abide by all Property Rules as set forth below. If you provide any information that is untrue, inaccurate, not current or incomplete, or BH has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete or you violate any Host Property Rules we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
- Host Obligations
You agree that all the information in the Property Listings provided to us will be accurate and up to date, including, but not limited to, photos, rates, availability, amenities and facilities, policies for cancellations and refunds (“Cancellation Policy”), property rules and requirements (“Property Rules”) and that your accommodation and advertisement conforms to all applicable laws, taxes, and any other regulations. You are responsible for having appropriate civil liability insurance for your Host services, in accordance with the laws of the country, where the accommodation is located. Hosts agree to provide copies of relevant proof of coverage upon request.
Hosts agree to adhere to the policies of BoutiqueHomes and not attempt to circumvent the commission due to us by providing confidential information and/or referencing other sites or channels in order to communicate and book directly.
Please be aware that BH reserves the right to refuse to list any accommodation at any time, for any reason, and without any liability to you. We also reserve the right to terminate any confirmed booking or listing if BH obtains any information that may compromise the safety of the Guest.
- Reservations / Fees / Payment
The table below summarizes the reservation and payment process.
By accepting the terms and conditions, the host accepts the BH Payment Policy as outlined here.
Guests making reservations will be required to enter their credit card, or other payment method details, which may be verified and/or pre-authorized by BH. You will not be charged until your reservation is confirmed by the Host. The status of your reservation will remain pending until the Host confirms the request, which may happen immediately, or in some cases may take more than 48 hours.
By submitting a reservation request, each Guest agrees to accept these Terms and agrees to the relevant cancellation policies, as well as to the Host’s own rules and regulations.
Please note, BH normally will display reservation amounts in the Guest’s local currency, but where it cannot do so it will display the results in U.S. dollars. Note that credit card issuers and third-party payment processors may impose fees for currency conversions. BH disclaims any responsibility for such fees.
Host Response to Inquiry
Once the reservation request is submitted, the Host will then confirm or decline your reservation and/or communicate with you through the BH platform to discuss the details of your stay. Additionally, if needed, the Host can send you a new offer with different options in terms of dates, rates, or even alternative accommodations, provided that all communications between the Host and the Guest must remain within the platform.
Hosts on the Site have the right to decline a reservation of any Guest at any time, for any reason, without liability to the Guest. All accommodations listed are independently owned, and, as such, a Host may refuse animals, including but not limited to service or therapy animals, or children based on health and safety reasons in accordance with public regulation or law. However, by accepting these Terms, all of our Hosts agree to comply with all applicable fair housing and civil rights laws and shall not discriminate against any Guest based on sexual orientation, gender, race, religion, ethnicity, or nationality.
If you do not receive a response from the Host after 24 hours from the submission of your initial reservation request, you will be able to withdraw the request at no charge. For certain policies, there is 24-hour free cancellation after the Host confirms, as long as the Guest is outside the policy's refund cutoff.
The parties acknowledge that reservation requests are not confirmed, and Hosts are not obligated to make the accommodation available for occupancy until after the reservation is confirmed by the host.
Once the reservation is confirmed, we will share your information with the Host, and it will only be used for reservation-related purposes.
Upon the Host’s confirmation of a reservation, the Host hereby agrees and is obligated to allow the Guest to occupy the accommodation during the confirmed dates, and Guest hereby agrees to make payment in full for the total reservation amount (which includes the Guest Service Fees) which will be charged to your credit card or an account on file.
The parties acknowledge that a confirmed reservation is a binding agreement between the Host and the Guest and that BH is not a party to such an Agreement but rather merely serves as a platform to list and show accommodations, manage reservations, accept and process payments from the Guests on behalf of Hosts, and ultimately disburse or direct disbursement of such payments to the Host after deducting any applicable BH Commission Fees.
Should BoutiqueHomes deem the cancellation to be unnecessary and the direct result of the owner's actions, such as with a double-booking, BoutiqueHomes may, at their discretion, invoice the host to cover the resulting administrative costs.
Guest Service Fees
BH may charge service fees to Guests (“Guest Service Fees”) for use of the BH Services. The Guest Service Fee is a percentage of the sum of accommodation rates offered by the Host plus taxes applied. Depending on the laws of the jurisdiction of the Guest and/or Host, value-added taxes may be charged on top of the Guest Service Fee. The exact Guest Service Fee (and any value-added taxes, if applicable) charged will be displayed to Guests at the time of checkout. Extensions or shortening of Guest stays may result in additional fees or credits. The Guest Service Fee is non-refundable.
Hosts may choose to include security or damage deposits in their Property Listings ("Security Deposit"). Each Property Listing will describe whether a Security Deposit is required for the applicable Property Listing. If a Security Deposit is included in a Property Listing for a confirmed reservation, BH, as the payment collection agent, may include the security deposit amount with your payment for the amount as the Host has determined.
To view Owner security deposit information and options, click here.
Cancellations and Refunds
Guests may cancel a reservation as provided by the Hosts’ Cancellation Policy and obtain a refund of the reservation amount (but not the Guest Service Fee).
BH may, in its sole discretion, refund a Guest Service Fee for rare, extenuating, and unforeseen circumstances such as severe weather, natural disasters, damage to the Host property, illness, hospitalization or a death in the family provided prompt notice is provided to us and the Host prior to check-in.
Host Commission Fees
BH also assesses a commission fee on Hosts for all confirmed reservations (“Host Commission Fees”) that is assessed at the time of the reservation confirmation.
BH may change its fees at any time prior to any reservation confirmation. Continued use of the Services after such a fee change constitutes acceptance thereof.
- Guest Payments
Guests represent and warrant that they have the legal right and authority to utilize their credit card or other payment method and authorize BH to charge such credit card or payment method in accordance with these Terms of Service. Guests hereby authorize the charge to their credit card or payment method, in the amount you authorized BH through the BH Services, which may include fees owed to Hosts, any relevant taxes BH is obligated to collect on behalf of a governmental agency, and any BH Service Fees. Guests also authorize the crediting or debiting of their credit card or payment method by BH in connection with any BH Service Fees, chargebacks, refunds, reversals, or adjustments made through the BH Services. Upon request, Guests agree to sign and submit a direct debit mandate form (or other applicable bank form) to allow BH to debit their bank account for fees and amounts owed to BH.
BH recognizes that chargebacks can happen for a variety of valid reasons. However, if You make a payment-card payment through BH for a reservation you later dispute by asserting a chargeback without merit (as determined in our sole discretion), whether fraudulently or otherwise, then BH may take steps to recover any charges resulting from such an unmerited chargeback from You directly. We take a zero-tolerance approach to chargeback fraud. Unmerited chargebacks include but are not limited to: disputing a charge made in accordance with the Host’s cancellation policy; disputing a charge made in respect of the Property Listing in which You fail to make reasonable efforts to work with the Host or Us to resolve any issues; disputing a charge made in respect of a reservation which was modified by You and the Host in breach of these Terms of Service or requesting a chargeback without a legitimate reason and/or failing to provide any supporting information in respect of the chargeback to allow those parties from which the chargeback is requested to assess the basis of the chargeback request. In the event of any unmerited chargeback request, we reserve the right to recover monies by any legitimate means available to Us, including using a third-party debt collection agency or any other lawful means to recover funds successfully charged back to You in such circumstances.
Notwithstanding anything else herein, if a Guest fails to pay the total reservation amount or any other amount due directly to BH or due to BH in its capacity as agent of the Host, BH reserves the right to, without limiting any of BH’s remedies hereunder, initiate a collection action to recover such funds. In such event, the Guest agrees to pay all costs and expenses, including but without limitation, reasonable attorneys’ fees and other expenses, incurred by or on behalf of BH in connection with the collection action.
To read the full guest payment details please click here.
- Host Payments
BH will disburse payment to the Host for confirmed reservations (which is the reservation amount, less the commission fees) on the payout date which is determined within the host cancellation policy. Payment is sent in the manner provided for by the Host who shall be responsible for any and all service fees associated therewith.’
To review the cancellation policies and payout timeframes, please click here.
Payments to a Host by BH are subject to delays, due to bank holidays and specific banks’ efficiency levels. Please note, that BH does not cover any third-party fees when transferring payment to Hosts, including, but not limited to, PayPal, TransferWise, bank transfers, and currency conversion fees and the cost of any such fees assessed to BH will be deducted from the amounts due.
- Host Taxes
As a Host, you are solely responsible for determining your obligations to report, collect, remit, or include in your Listing any applicable sales, VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes, or income taxes ("Taxes").
You understand that any appropriate governmental agency, department, and/or authority ("Tax Authority") where your accommodation is located may require taxes to be collected from Guests or Hosts and to be remitted to the respective Tax Authority. The laws in different jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Total Booking Amount set by Hosts, a set amount per day, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes," or "tourist taxes" ("Occupancy Taxes").
Hosts are responsible for updating their tax information in their listings and include the appropriate percentage to be added to the total reservation amount displayed to the Guest.
In certain jurisdictions, tax regulations may require that BH collect appropriate tax information from Hosts, withhold taxes from payouts, or both. If you fail to provide BH with documentation that we determine to be sufficient to support any such obligation, BH reserves the right to freeze all payments, withhold such amounts as required by law, or to do both, until resolution.
Hosts located in areas where the Occupancy Tax is in place are responsible for assessing all other tax obligations, including state and city jurisdictions. Hosts with listings in these areas should familiarize themselves with the Occupancy Tax provisions, as a Host are solely responsible for paying them.
Hosts and Guests are solely responsible for obtaining insurance coverage sufficient to protect their properties and guests or their trip, as applicable. BH disclaims any liability for any damage or injury that may occur during any reservation booked through the BH Service.
- Member Account, Passwords, and Security
You will receive a password and account designation upon completing the BH Service’s registration process. You are responsible for maintaining the confidentiality of the account details and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify BH of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. BH cannot and will not be liable for any loss or damage to you arising from your failure to comply with this Section.
You may terminate your account at any time by providing notice of your intent to terminate service in writing to [email protected] No refund for unused service will be given.
- Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not BH, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. BH does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will BH be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to a BH official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the BH Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
j. interfere with or disrupt the BH Service or servers or networks connected to the BH Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the BH Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations and requirements related to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance, anti-discrimination, fair housing laws, export controls, technology transfers, currency controls, human trafficking and/or any other laws or regulations having the force of law as well as any applicable industry standards such as credit card network operating rules relating to your use of the BH Service.
l. “stalk” or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that BH does not pre-screen Content, but that BH and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the BH Service. Without limiting the foregoing, BH and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content on this platform. In this regard, you acknowledge that you may not rely on any Content created by boutique-homes.com or submitted to boutique-homes.com.
You acknowledge and agree that BH may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of BH, its users and the public.
You understand that the technical processing and transmission of the BH Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.
BH does not claim ownership of Content you submit or make available for inclusion on the BH Service. However, with respect to Content you submit or make available for inclusion in publicly accessible areas of the Service, you grant BH the following worldwide, royalty free and non-exclusive license: With respect to Content you submit or make available for inclusion on publicly accessible areas of BH, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the BH Service.
- Proprietary Rights
You acknowledge and agree that the BH Service and any necessary software used in connection with the Service (“Software”) and the Content are the exclusive property of and owned by BH, its licensors, or its content providers and is protected by copyright, trademark, and other applicable intellectual property and other laws.
You may access, copy, download and print the material contained on the site for your personal non-commercial use (except as expressly permitted), provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access, copy, download or print. Any other use of Content, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, or use of the site for purposes competitive to BH, is expressly prohibited.
Trademarks, logos, and service marks displayed on the website are registered and unregistered trademarks of BH, its licensors or content providers, or other third parties. All other trademarks, logos, and service marks are the property of their respective owners.
- Copyright / DMCA
COPYRIGHTS AND COPYRIGHT AGENTS (Digital Millennium Copyright Act)
BH respects the intellectual property of others, and we ask our users to do the same. BH will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Attention: Marc Blazer
478 Waverly Avenue
Brooklyn, NY 11238
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide BH the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your DMCA notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
We reserve the right to send a copy of any such notice to a third party that may publish and/or annotates it. As such, your letter (with your personal information removed) may be forwarded to the Chilling Effects Clearinghouse for publication.
- Links and Advertisers
BH may provide, or third parties may provide, links to other websites or resources (this includes content and links provided by our advertisers). Because BH has no control over such sites and resources, your use of such websites or resources is at your own risk and you acknowledge and agree that BH is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.
- Modifications to Service
BH reserves the right, at any time, to modify, suspend, discontinue or terminate all or any part of the services offered without notice at any time. BH may impose limitations on website usage, including, without limitation, how long Content will be hosted; bandwidth used by any users; the number and duration of logins; and/or terminate inactive accounts. You agree that your use of the BH Services is at your own risk and that BH has no responsibility or liability for your inability to use the service or access any content.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE BH SERVICE IS AT YOUR SOLE RISK. THE BH SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
BH MAKES NO WARRANTY THAT (i) THE BH SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE BH SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BH SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE BH SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BH SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BH OR THROUGH OR FROM THE BH SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE BH SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE BH SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BH SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE BH SERVICE.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.
YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO USE BH SERVICES IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. IN THE EVENT THAT WE MAY NOT LIMIT OUR LIABILITY, YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN 100 U.S. DOLLARS OR THE TOTAL AMOUNT OF FEES COLLECTED FROM YOU BY BH WITHIN THE SIX MONTHS PRIOR TO YOUR CLAIM ARISING, WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold BH, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the BH Service and/or any violation of these Terms of Service.
If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.
- NOTICE / ELECTRONIC COMMUNICATIONS
Unless specified otherwise by BH, the communications between a User and BH are by electronic means. BH may deem necessary or convenient the use of a phone call for dealing with some issues, and it is hereby authorized to use it as a form of communication. For contractual purposes, and for the normal execution of the services subject of this agreement, you (1) consent to receive communications from BH in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other information that BH provides to you electronically satisfy any legal requirement that such communications be in writing. The foregoing does not affect your statutory rights.
Notices to you may be made via either email or postal mail. BH may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on BH Service.
Except as otherwise indicated in the Terms of Service, You may give notice to BH by writing:
Boutique Life Inc.
478 Waverly Avenue,
Brooklyn NY 11238
- Choice of Law / Dispute Resolution / Language
This Agreement shall be governed by the laws of the State of California without reference to its conflict of laws principles (but excluding Section 1283.1 of the California Code of Civil Procedure and the United Nations Convention on Contracts for the International Sale of Goods).
BH is committed to customer satisfaction, so if you have a problem or dispute relating to the BH Service or this website (“Claims”), we will try to resolve your concerns. You agree to give us written notification of your Claims as set forth in the Notice section above stating (i) your name, (ii) your address, (iii) a written description of your Claim, and (iv) a description of the specific relief you seek. If BH does not resolve the Claims within 60 days (“Resolution Deadline”) after it receives your written notification, you may pursue your dispute as set forth below.
Should you wish to pursue your Claim after the Resolution Deadline, it shall be resolved by binding arbitration conducted in English in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association ("AAA"), as modified by this section. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. But if for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to this section holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in the state and federal courts serving Los Angeles County, California provided that each party waives any right to a jury trial.
For any claim where the total amount of the award sought is $10,000 or less, you may bring such claim in the Small Claims Court of Los Angeles County Superior Court. All other claims will be subject to binding arbitration before the AAA in Los Angeles, California. You hereby consent to such exclusive venue and jurisdiction of the AAA and state and federal courts serving Los Angeles County, California.
Unless otherwise agreed by the parties, the arbitration panel shall consist of one arbitrator chosen in accordance with the rules of the AAA. Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises. All discovery shall be completed within sixty (60) days following the appointment of the arbitrator. Each party shall be entitled to representation by counsel, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video, or other electronic means of communication. The arbitration award shall be in writing. The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award. The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys’ fees and other reasonable costs, including fees of the arbitrator and the AAA, incurred in the action or proceedings. In no event shall the arbitrator award punitive or exemplary damages. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award. Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) for any claims of infringement or misappropriation of BH’s patent, copyright, trademark, or trade secrets; and (v) to enforce any decision of the arbitrator, including the final award.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the BH Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
To the fullest extent permitted by law, the controlling language for these Terms of Service is English.
- For Residents of Quebec / Pour les résidents du Québec
The parties declare that they have required that these Terms of Service and all documents related hereto, either present or future, be drawn up in the English language only.
Les parties déclarent par les présentes qu’ils exigent que cette entente et tous les documents y afférents, soit pour le présent ou l’avenir, soient rédigés en langue anglaise seulement.
- International Users
BH makes no representation that materials on this website are appropriate or available for use in other locations. If you access this website from outside the United States, please understand that this website may contain references and/or links to products and services that are not available or are prohibited in your jurisdiction. Any user who is a resident of a foreign country agrees that (i) they have voluntarily sought and established contact with BH, (ii) they will not use, transmit, disseminate or upload any material, content, that would violate any applicable local, state or national laws or regulations of the foreign member’s country of residence; (iii) under no circumstance shall BH be deemed liable under any laws other than the United States; (iv) his or her participation is governed by California law and subject to the arbitration and venue provisions stated herein; and (v) consent to having their data processed in the United States.
- California Residents
Pursuant to California Civil Code section 1789.3, BH provides the following information:
The name, address, and telephone number of the provider of service:
Boutique Life Inc.
478 Waverly Avenue,
Brooklyn NY 11238
+1 201 588 5435
Any charges to the consumer imposed by the provider for the use of the service.
As set forth above, BH imposes Guest Service Fees and Host Service Fees in connection with the use of the website and BH Service.
The procedures a consumer may follow in order to resolve a complaint regarding the service or to receive further information regarding the use of the service, including the telephone number and address of the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs.
If a consumer has a complaint, it may follow the procedure set forth in Section 21.
You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254
The Terms of Service constitute the entire agreement between you and BH and governs your use of the Service, superseding any prior agreements between you and BH. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of BH to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without BH's prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. BH may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.