Because we are merely a technology platform that enables Hosts to list their Property, defined as land, a tiny home, or other accommodations (each a “Listing”), and Guests to browse and arrange a stay at the Host’s Listing, we must limit and disclaim liabilities. We are not a party to any agreement between Hosts and Guests, or offers made by either of them. AS PART OF THIS LIMITATION, WE HAVE INCLUDED MANDATORY ARBITRATION PROVISIONS AND WAIVER OF CLASS ACTIONS. Please review all of these Terms, and those specific sections thoroughly. If Users do not agree to any of our Terms, Users are not permitted to use the Platform in any way.
Hosts may list their Properties or Listings on the Platform only in strict accordance with all of these Terms. We reserve the right to modify, suspend, refuse to display, or delete any Listing for any reason or no reason in our sole and absolute discretion.
Try It Tiny is not responsible for determining whether state, local or other laws, ordinances, zoning requirements, regulations or other requirements or restrictions (collectively “Laws”) permit, prohibit or restrict listing or otherwise offering any Listings for the purposes contemplated on the Platform. Hosts are solely responsible for determining compliance with all such Laws.
All Content Users provide to the Platform concerning yourself, Users’ Listing(s), or otherwise must be accurate, truthful, complete, and not misleading. All such Content shall not:
All Content Users provide to the Platform must be Users’ and Users must possess all rights necessary to grant the rights to Try It Tiny to display, distribute, reproduce, create derivative works of, and otherwise use such Content. Users must own or possess all necessary rights to the Property Users list on the Platform to make all such Property available to Guests and to enter into the transactions with Guests for such Properties. If Users do not have such rights to the Content or the Properties, or a third party alleges Users do not have such rights, we may terminate or cancel Users’ membership and otherwise prohibit Users from posting further Content or from using the Platform.
See also the section below entitled “Use of the Platform and Restrictions” as it pertains to submission of reviews.
All transactions entered into on or with the assistance of the Platform are between Hosts and Guests, and Try It Tiny is NOT a party, a broker of land or other property represented in the Listings, or an agent, associate, partner or other representative of Guests or Hosts. Hosts are responsible for setting the rates for renting their Listing(s) (“Rates”), and Hosts and Guests are responsible for establishing any terms and conditions of the transaction between them. Hosts are solely responsible for confirming the accuracy of the Rates and total rental charges (the Rate multiplied by the length of stay, or the “Rental Charge”) for their Listing(s) and each stay by a Guest. Try It Tiny requires that Host include a minimum daily rate of $10.00, and a minimum monthly rate of $150.00; Listings charging less than these amounts will be automatically adjust to reflect these minimum amounts. The maximum number of days for a Listing that may be reserved in a single transaction is ninety (90) days. Any longer stays must be booked in separate transactions which will require additional fees.
Try It Tiny charges fees as a percentage of each transaction for use of the Platform, and those fees are described in greater detail below in the Payment section. Guests are charged a Service Fee in addition to the Rental Charge for the Guest’s stay. Try It Tiny charges a Transaction Fee which is deducted from amounts paid to the Host. The Guest is charged seven (7) days prior to the date of arrival (or sooner if a transaction is made with an arrival date less than seven (7) days away) after the transaction is entered into between Guest and Host, and the Host is paid on the date of arrival of the Guest’s stay. We reserve the right to change our fees, our business model, or to charge other fees. We may earn money through advertisements of third parties on the Platform or in e-mails or other communications to Users. We may also earn money from placement fees Hosts or organizations representing Hosts may pay us for improved visibility or placement on the Platform (similar to payments for rankings on Google or other search engine searches).
Hosts are responsible for collecting as part of the fees/Rates charged for their Listings, and paying all applicable taxes on the transactions entered into using the Platform. Try It Tiny, if required to collect and remit any taxes may collect such taxes in addition to the amounts it collects for the fees as set forth herein. Some types of taxes for which Users may be responsible include, without limitation: lodging, hotel, occupancy, room, or transient taxes, or sales and use or value added taxes (“VAT”). Try It Tiny encourages Users to consult with their accountant or tax advisor on the applicability of these or other taxes to Users.
The Guest is charged seven (7) days prior to the date of arrival (or sooner if a transaction is made with an arrival date less than seven (7) days away) after the transaction is entered into between Guest and Host, and the Host is paid on the date of arrival of the Guest’s stay. The current Service Fee charged to the Guest is 9.5% on the fees associated with the entire duration of the Guest’s stay (“Total Fees”). Try It Tiny will pay the Host on day one of the stay an amount equal to the Total Fees less a Transaction Fee of 3.5%. Example:
John, a Guest, uses the Platform to book a stay of two weeks on Ed’s, a Host, Listing - land in scenic southern Texas. Ed has set a weekly Rate of $150 for his land. Seven days prior to day one of the stay, John’s credit card he provided on the Platform is charged the full $300, plus the 9.5% Service Fee of 9.5% times $300 (or $28.50), for a total of $328.50. On day one of the stay, Ed is paid a total of $289.50, which is $300 less the 3.5% Transaction Fee of $10.50. In this example, Ed is using a debit card for his form of payment receipt. Note that any Hosts using bank account numbers instead of debit cards to receive payment may experience longer time delays.
All Payments shall be made in accordance with our payment policies and consistent with the terms and conditions of third party payment processors, applicable laws, and Users’ credit card issuer, bank or other financial institution. Except as expressly set forth in writing by us or as otherwise agreed by us, all amounts paid are non-refundable and non-cancellable. Payments made to Hosts will be made to designated accounts provided by the Host. All such account information provided must be accurate and updated if changed. Hosts using bank account numbers, instead of debit cards, to receive payment are likely to experience longer delays in receiving payment. For expedited payment receipt, Try It Tiny recommends Hosts use debit cards instead. If Host has not received payment, Host should provide to email@example.com a written summary with all relevant information and such other information requested by Try It Tiny. Any payments which cannot be processed due to inaccurate account information shall be forfeited by Host after seven (7) days from the date on which payment was originally attempted to be made, or such longer period as may be required by applicable law.
Try It Tiny reserves the right to refuse to process or confirm a booking, or a cancellation in the event of problems with payment processing of Host or Guest payment information.
If a Guest needs to cancel a reservation made with a Host, the Guest should provide as much notice as possible as a courtesy. A $25 cancellation fee will automatically be charged to the Guest’s credit card (without further action required by the Guest) for cancellations made less than seven (7) days in advance of the arrival date.
If a Host must cancel a reservation made with a Guest, the Host must provide as much notice as possible and issue a full refund to the Guest and pay the Host Cancellation Processing Fee established by Try It Tiny.
Multiple or habitual cancellations may result in temporary or permanent removal of Listings and removal of privileges or functionality of the Platform, or in the case of Guests a no-refund status for future transactions or loss of rights to reserve listings.
Try It Tiny reserves the right to modify its cancellation policies and procedures upon notice or upon posting of the modified policies or procedures here.
In the event a Listing is reserved by a Guest and confirmed by the Host, and then later the Host notices the reservation was made at the incorrect Rate or Rental Charge for the Listing, the Host may either (i) elect to cancel the reservation and pay the cancellation fee, and rebook the Guest at the correct Rate; or (ii) honor the incorrect Rate and Rental Charge.
The Platform is protected by copyright, trademark, and other intellectual property rights and laws of the United States and other applicable countries. Users agree to honor and abide by all applicable intellectual property and other rights and laws, as well as any trademark or copyright notices or restrictions contained in the Terms. The trademarks, service marks, slogans, logos, trade dress and other identifiers (“Marks”) displayed on the Platform are the property of Try It Tiny or its advertisers, Guests, Hosts, or other licensors, unless as otherwise disclosed. Users are prohibited from modifying, copying, displaying, distributing, transmitting, publishing, selling, licensing, creating derivative works from, or using any portions of the Platform or its Content for commercial or public purposes without express authorization from Try It Tiny.
Subject to Users’ compliance with the Terms, Try It Tiny grants Users a limited, revocable, non-exclusive, non-transferable license to access, use, display, and navigate the Platform solely for Users’ personal use.
We may display advertisements or other content from third parties on the Platform, such as banner advertisements, pop-up windows, and links to third party Platform. We are not responsible for the content of such advertisements and content, or for any products, services or other materials relating to such advertisements or content.
If Users believe any Content on our Platform may violate Users’ copyright rights, please review our DMCA Notice and Procedure for Making Claims of Copyright Infringement below.
Users shall not:
a. intentionally or unintentionally violate these Terms, other applicable agreement with Try It Tiny, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
b. use the Platform in any manner that violates any relevant law or that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
c. use the Platform or its Content for any purposes not authorized by these Terms, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
d. reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Platform for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to Users’ personal purchasing decisions, without the express written consent of Try It Tiny, which consent may be withheld by Try It Tiny in our sole discretion;
e. post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;
f. harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify Users’ contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Try It Tiny, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
g. knowingly provide or submit false or misleading information;
h. use the Platform if Users are under the age of eighteen (18);
i. take any action that would undermine the review and rating process under the Platform;
j. attempt to gain unauthorized access to the Platform, other user accounts, or other computer systems or networks connected to the Platform;
k. use the Platform in any way that could interfere with the rights of Try It Tiny or the rights of other users of the Platform;
l. attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server used by Try It Tiny by hacking, password 'mining' or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Platform user;
m. sell, share, or otherwise transfer Users’ account username, password, other information, or Users’ rights or obligations under these Terms;
n. transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Platform;
o. access, download, monitor, or copy any information contained on our Platform through artificial means (including but not limited to use any 'deep-link', 'scraper', 'robot', 'spider' or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Platform; or
probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on or of the Platform or any network connected to the Platform. Users may not reverse look-up, trace or seek to trace any information on any other user of the Platform, or any other customer of Try It Tiny, including any Try It Tiny account not owned by Users, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than Users’ own information, except as expressly authorized by Try It Tiny and provided for by the Platform.
As a Host, Users specifically acknowledge and agree that by placing Listings on the Platform, Users are subject to the reviews and ratings submitted by Guests, and as a Guest Users also specifically acknowledge and agree that by booking and renting Listings, Users are subject to the reviews and ratings submitted by Hosts. While Try It Tiny may consider the accuracy or fairness of certain reviews or ratings, we are not ever required to do so. Users acknowledge and agree that Try It Tiny is not responsible or liable in any way for any harm or damages Users incur because of one or more reviews, ratings, or any sorting, summarization, averaging or other calculations performed thereon by Try It Tiny or our third party service providers. Try It Tiny may delay the time between a reservation and the solicitation of a review for a Guest or a Host or Listing or the posting of a review.
Try It Tiny reserves the right to refuse any reservation, transaction or order placed through the Platform for any reason or no reason. Try It Tiny, at its sole discretion, may limit or cancel quantities purchased per user, order, household, or otherwise. In the event that Try It Tiny makes a change to a reservation, an order or a transaction that Users have placed through the Platform, we will attempt to contact Users via the contact information Users provide to us through the Platform.
While Try It Tiny strives to provide accurate pricing and Listing information, typographical or other errors may occur. We are not responsible for such errors regarding prices or other Listing information. In the event that a Listing is listed at an incorrect price or with incorrect information due to an error, Try It Tiny shall have the right, at its sole discretion, to refuse or cancel any reservation, transaction or order placed for that Listing. In the event that a Listing is mispriced, we may, at our discretion, either contact Users for instructions or cancel a reservation or transaction made using the Platform and notify Users of such cancellation.
As a condition of submitting any Content or other materials to the Platform, Users agree that:
a. Users grant to Try It Tiny a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; grant to Try It Tiny all rights necessary to publish or refrain from publishing Users’ name and address in connection with Users’ Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by Users once Users’ Content is submitted to the Platform;
b. Users grant to Try It Tiny all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of Users’ Content by any other party;
c. Users’ name and report information may be made available to the public and to the Hosts and Guests on which Users report;
d. Users represent that Users own or have secured all legal rights necessary for the Content submitted by Users to be used by Users, Try It Tiny, and others as described and otherwise contemplated in these Terms;
e. Users represent and warrant that each person identified, depicted, or shown in in Users’ Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms.
f. Users are solely responsible for Users’ reviews and ratings;
g. Try It Tiny may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
h. Users will not submit any reviews that may be considered by Try It Tiny to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
i. all of Users’ reviews and ratings will either be based upon (i) Users’ actual first-hand experiences with the Hosts and Guests Users are reviewing or (ii) as provided below, an individual and that individual's actual first-hand experience with a health care or wellness provider whereby Users have the legal authority to disclose such health information and experience of such individual;
j. all of Users’ reviews and ratings of the Hosts and Guests that Users are rating will be accurate, honest, truthful, and complete in all respects;
k. Users do not work for, own any interest in or serve on the board of directors of, any of the Hosts or Listings for which Users submit reviews and ratings;
l. Users are not in any way related (by blood, adoption or marriage, if the Host or Guest is an individual) to any of the Hosts or Guests for which Users submit reviews or ratings;
m. Users have not received any form of compensation to post reviews and ratings;
n. Users will submit thorough and thoughtful reviews of the Hosts Users review (for example, submitting a review describing a service contractor as "He/She is great." without additional commentary is not a thorough and thoughtful review);
o. Users will not submit reviews that comment on other Hosts or Guests or the reviews of other Hosts or Guests;
p. Users will not submit reviews with hyperlinks;
q. the reviews and ratings that are provided by Guests and Hosts or others do not reflect the views of Try It Tiny, its officers, managers, owners, employees, agents, designees or other users;
r. as a Host, Users represent, warrant and covenant to Try It Tiny that Users have confirmed with Users’ local and State authorities that Users are permitted to offer and rent Users’ Listing(s) to Guests, have secured any (and all) necessary variances, licenses and permits, and that Users will maintain all applicable variances, licenses and permits, and will abide by all applicable Laws.
Try It Tiny cannot and does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Platform. Users acknowledge that Try It Tiny simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of user-generated Content. Users understand that all posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. Users understand that Try It Tiny does not control, and is not responsible for Content made available through the Platform, and that by using the Platform, Users may be exposed to Content that is inaccurate, misleading, or offensive. Users agree that Users must evaluate and make Users’ own judgment, and bear all risks associated with, the use of any Content.
Users further acknowledge that Try It Tiny has no obligation to screen, preview, monitor or approve any user-generated Content on the Platform. However, Try It Tiny reserves the right to suspend, take down (whether temporarily or permanently), review, modify and/or delete any Content that, in its sole judgment, violates these Terms. By using the Platform, Users agree that it is solely USERS’ RESPONSIBILITY to evaluate Users’ risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that Users submit, receive, access, transmit or otherwise convey through the Platform. Under no circumstances will Try It Tiny be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the Platform. Users waive the right to bring or assert any claim against Try It Tiny relating to Content, and release Try It Tiny from any and all liability for or relating to any Content. Try It Tiny has no obligation to review, monitor, or remove any Content or other materials, except as required by law.
Users may, however, report Content that Users believe violates these Terms or is otherwise unlawful by sending an email to firstname.lastname@example.org (for copyright complaints, please see below). Please note that Users may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If Users are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.
Users agree that Try It Tiny may establish practices, policies and limits, which may or may not be published, concerning the use of the Platform, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which Users may access the Platform in a given period of time. Users also agree that Try It Tiny may share with other Guests and Hosts Users’ history of bookings and reservations, cancellations, and other information concerning Users’ activity on the Platform and transactions. Users agree that Try It Tiny has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Platform. Users agree that Try It Tiny has the right to change these practices, policies, and limits at any time, in its sole discretion, with or without notice.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TRY IT TINY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT USERS’ USE OF THE PLATFORM WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE PLATFORM WILL MEET USERS’ REQUIREMENTS. INFORMATION OBTAINED THROUGH THE PLATFORM HAS NOT BEEN VERIFIED, AND TRY IT TINY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.
TRY IT TINY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.
We cannot control the actions or omissions of our Guests, Hosts, or other users of our Platform. As a result, all Guests, Hosts, and other users are responsible for their own actions, and assume the risk of the acts or omissions of others. In addition to the above disclaimers and other limitations of liability in these terms, Try It Tiny does not warrant, and disclaims all warranties associated with and responsibility for the following:
· The credit worthiness of Guests or Hosts
· The condition of a Listing and whether any photos, descriptions, or other information concerning a Listing is accurate
· The safety or security of a Listing
· The actual identity or background of a Guest or Host
· The acts or omissions of a Guest or a Host
· The accuracy of a Listing or its suitability for the needs of a Guest
· Information, software, or any functionality provided by third parties
· Any messages to Users provided by any Host, Guest or third party
· Any failure of the Platform to carry out a transaction, deliver messages, or reserve a Listing
USERS ACKNOWLEDGE THAT USERS ARE 18 YEARS OF AGE, OR OLDER, OR THAT USERS ARE ONLY USING THE PLATFORM UNDER THE SUPERVISION OF USERS’ PARENT OR GUARDIAN. USERS ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM IS AT USERS’ SOLE RISK. USERS ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER TRY IT TINY, NOR ANY OF OUR EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “TRY IT TINY ASSOCIATES”) SHALL BE LIABLE TO USERS OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF USERS’ USE OF THE PLATFORM OR INABILITY TO GAIN ACCESS TO OR USE THE PLATFORM OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF TRY IT TINY OR TRY IT TINY ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. ANY CLAIMS USERS HAVE FOR DAMAGES TO USERS’ LISTING(S) OR OTHER PROPERTY DUE TO THE ACTS OR OMISSIONS OF A GUEST OR A HOST SHALL BE MADE SOLELY BY USERS AGAINST THAT GUEST OR HOST, AND USERS HEREBY IRREVOCABLY RELEASE AND DISCHARGE TRY IT TINY FROM ANY AND ALL CLAIMS AND SUITS FOR SUCH DAMAGES.
USERS’ SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH TRY IT TINY IS TO STOP USING THE PLATFORM. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES (SUCH AS SOME TYPES OF CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES), IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, USERS AGREE THAT TRY IT TINY’S LIABILITY TO USERS UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF AMOUNTS PAID TO USERS BY TRY IT TINY IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM, IF ANY, OR $500.
USERS AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TRY IT TINY AND THE TRY IT TINY ASSOCIATES, FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ALL COSTS OF LEGAL PROCEEDINGS AND ATTORNEYS’ FEES, ARISING IN CONNECTION WITH USE OF THE PLATFORM BY USERS, OR IN CONNECTION WITH A VIOLATION OR BREACH OF THESE TERMS BY USERS, INCLUDING WITHOUT LIMITATION, USERS’ VIOLATION OF ANY LAWS GOVERNING COMMUNICATIONS OR INTELLECTUAL PROPERTY.
USERS ACKNOWLEDGE AND AGREE THAT ANY AND ALL LIMITATIONS ON LIABILITY AND DISCLAIMERS IN THESE TERMS, AND THE PROVISIONS OF THESE TERMS GENERALLY, REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN TRY IT TINY AND USERS.
Users may use the Platform only for lawful purposes and only for Users’ personal noncommercial use, which includes viewing and reserving Listings, purchasing products, creating a customer user account, and entering Users’ information onto the Platform’ forms. Users are responsible for any communications Users make to Try It Tiny through the Platform. Try It Tiny prohibits the use of our Platform for any of the following: submitting information that is false, inaccurate, or not Users’ own; sending messages in violation of applicable laws, unsolicited messages, or messages that are harmful, offensive, defamatory, obscene or otherwise objectionable in Try It Tiny’s sole discretion; engaging in conduct that is illegal or would constitute a criminal offense; transmitting information that is copyrighted or otherwise owned by a third party unless Users are the copyright owner or Users have the owner’s permission to transmit it; transmitting information that infringes on another individual’s intellectual property or privacy rights; communicating information derived from the Platform to foreign nations in violation of applicable export control laws; or attempting to use the Platform to gain unauthorized access to Try It Tiny’s networks or otherwise interfering with Try It Tiny’s network security.
These Terms and the relationship between Users and Try It Tiny will be governed by the laws of the State of Indiana, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where Users may be located or any other jurisdiction. Users agree and consent to the exclusive jurisdiction of the state or federal courts located in Indianapolis, Indiana and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Try It Tiny may elect, in its sole discretion, to litigate the action in the county or state where any breach by Users occurred or where Users can be found. Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Users’ use of the Platform or these Terms shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
All disputes arising between Users and Try It Tiny relating in any way to the Platform (including, without limitation, Listings offered or reserved or products purchased or ordered through the Platform, electronic communications (including e-mail or text messages) Try It Tiny sends to Users, the collection, use, and disclosure of Users’ personal information, these Terms, or gift cards shall be submitted to confidential arbitration in the federal judicial district in which Users reside. If Users desire to seek arbitration, Users must first send to Try It Tiny, by certified mail, a written Notice of Dispute at the address set forth below. The Notice of Dispute shall describe the nature and basis of the claims or disputes and the specific relief sought. In the event that the parties cannot resolve the matters set forth in the Notice of Dispute within forty-five (45) days, either party may commence arbitration.
All arbitrations required by these Terms shall be conducted under the current rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered in any court of competent jurisdiction. No arbitration brought under, or with respect to, the Platform (as described above) is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless Try It Tiny and Users agree otherwise, the arbitrator may not consolidate Users’ claims with the claims of any third party, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
Subject to Users’ compliance with this Mandatory Arbitration section, Try It Tiny shall pay all of Users’ administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of Users’ lawyers, experts, or witnesses) in excess of any filing fee Users would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which Users reside. Each party will bear its own costs associated with such party’s lawyers, experts, and witnesses with respect to all claims during the arbitration.
USERS WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST TRY IT TINY IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO THE PLATFORM (INCLUDING WITHOUT LIMITATION ORDERS MADE FROM THE PLATFORM, ELECTRONIC COMMUNICATIONS (INCLUDING TEXT MESSAGES) TRY IT TINY SENDS TO USERS, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT USERS IN CONNECTION WITH THE PLATFORM), THESE TERMS, OR GIFT CARDS. THIS SECTION (MANDATORY ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN USERS AND TRY IT TINY.
Try It Tiny may at any time revise these Terms by updating this posting. Users are bound by such revisions and should therefore periodically visit this page to review the current Terms. Additionally, we may terminate this agreement at any time, without notice to Users, if we believe, in our sole discretion, that Users have breached or may breach any term or condition of the Terms, or we may terminate this agreement for our convenience. Users may terminate this agreement at any time by destroying all materials received from our Platform and ceasing to use our Platform.
Try It Tiny reserves the right, without notice and for any reason, to remove any Content on the Platform and to deny access of any user(s) to all or any part of the Platform. Try It Tiny reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. Users agree that we will not be liable to Users or to any third party for any modification, suspension or discontinuance of the Platform.
Try It Tiny respects the intellectual property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for users of the Site and Service who are infringers.
To provide us with notice of an infringement, Users must provide a written communication to the attention of “Site: DMCA Notification Dept.” at email@example.com that sets forth the information specified by the DMCA ( <href="#512">http://www.copyright.gov/title17/92chap5.html#512 ). Please note that Users may be liable for damages (including costs and attorneys’ fees) if Users materially misrepresent that an activity is infringing Users’ copyright. We will need the following information from Users:
If we remove or disable access to Content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If Users’ material has been removed and Users feel that Users’ material does not constitute infringement, Users may provide us with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at firstname.lastname@example.org that sets forth all of the necessary information required by the DMCA ( <href="#512">http://www.copyright.gov/title17/92chap5.html#512 ). Please note that Users may be liable for damages (including costs and attorneys’ fees) if Users materially misrepresent that an activity is not infringing the copyrights of others. If Users are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
If Users have any questions about these Terms, the practices of our Platform, or Users’ dealings with Try It Tiny, please contact us at:
17520 Dartown Rd.
P.O. Box 648
Westfield, IN 46074 USA
We welcome Users’ questions and feedback.
Try It Tiny may collect different types of information from Users when Users use or navigate the Platform.
When Users visit the Platform, Try It Tiny will capture certain anonymous information about Users’ visit that may not by itself reasonably identify Users as the source (collectively, “Usage Information”). Usage Information includes Users’ Internet provider's name (e.g., AOL), "click stream" activity such as when Users click on a banner advertisement, Users’ IP address, the type of Internet browser Users are using, the location from which Users are visiting the Platform, the type of computer operating system Users are using to access the Platform, the domain name of the website from which Users linked to the Platform, or the areas of the Platform Users visited and the actions Users performed on the Platform. We will take reasonable measures to ensure that the Usage Information we collect is not personally identifiable and may not later be easily used to identify Users except as may be required by applicable law.
From time to time during Users’ visit to our Platform, we may ask Users to provide personally identifiable information, such as Users’ name, address, telephone number, email address, and financial information, such as financial account information or credit card numbers, and customer account log-in information, such as usernames and passwords (collectively, “Personal Information”).
We collect Personal Information from Users when Users voluntarily provide Personal Information to us by, for example, completing various forms on our Platform or creating a user account as a Guest or a Host. We also may collect Personal Information from Users through our Platform when Users voluntarily provide it to us through our Platform when signing up for our e-newsletter or other email communications, or completing a transaction through our Platform.
Try It Tiny may use Users’ Personal Information and Usage Information for a variety of purposes, including, but not limited to, directly contacting Users in response to Users’ inquiries; processing Users’ transactions and fulfilling Users’ orders; sending Users information about Users’ orders, emailing Users promotional materials, from which Users may opt-out of receiving; researching the effectiveness of our marketing efforts; analyzing users’ browsing and usage activities and patterns in order to understand users’ interests and preferences with respect to our services and the Platform; conveying relevant information to Hosts and Guests to facilitate transactions, and managing our everyday business needs. Try It Tiny supplements the Personal Information we collect with information from other sources to tailor our websites, Platform, products, and offerings to Users’ needs.
Try It Tiny uses Usage Information to enhance the content of our Platform to provide Users with a better website browsing experience in the future, to respond to customer inquiries and suggestions, and to ensure that Users are exposed to special offers and products that are of interest to Users. We may also share this non-identifiable Usage Information with third parties from time to time for business purposes.
Try It Tiny may disclose Users’ Personal Information to third parties that may assist us with managing our daily operations, such as processing payments and providing general customer services. When Users make a purchase on our Platform, we request Personal Information—specifically, we request financial information, such as account or credit card numbers. We will use Users’ financial information to bill Users for products and services or otherwise process Users’ transactions. By making a purchase on our website, Users consent that we may provide Users’ financial information to our service providers and to such third parties as we determine is necessary to process Users’ transactions. These third parties may include the credit card processing company, our website provider, credit card network (such as Visa, American Express or Master Card) and banking institutions used to process the transaction.
Try It Tiny may also share Users’ Personal Information with certain independent contractors, vendors, and suppliers with whom we contract to provide specific services and products related to our Platform or our business, such as hosting and maintaining our websites or Platform, blog, providing credit card processing and fraud screening, operating activities on our behalf, authorizing credit card transactions, and developing applications for our Platform and email services. We limit our disclosure of Users’ Personal Information to these third parties to the minimum information reasonably necessary for them to perform limited functions on our behalf.
If Users have provided Users’ email address to Try It Tiny, from time to time Users will receive emails from us with information and offers from Try It Tiny and other companies that we feel would be of interest to Users. With every commercial email, we will provide Users with a link to opt-out from receiving future commercial emails. Users may also opt-out of receiving future email messages from us by emailing us at email@example.com. Opt-out requests are usually handled as soon as the request is made. However, it may take up to ten (10) calendar days to process an opt-out request.
Because we want to ensure that those people who have opted out no longer receive commercial email from us, we may share the email addresses of our customers who have opted out of receiving commercial email with our trusted third-party advertising partners who engage in email marketing to their customers on our behalf. Therefore, we may share the email addresses of persons who have opted out with these third parties for the sole purpose of ensuring that the third parties have scrubbed their email marketing lists to remove the email addresses of those persons who have opted to no longer receive our commercial email announcements.
Please note that if Users elect not to receive commercial email messages from us, we will continue to send Users transactional related email, such as product recall information, safety or security information, subscription information, membership details, account status, order confirmations, shipping confirmations, invoices and customer-service related email.
Try It Tiny will not share Users’ email address with any third party except as expressly set forth in this policy or unless Users have requested or consented to such disclosure.
When Users provide Personal Information, such as Users’ name, address and telephone number to us, we may use this information to contact Users with correspondence and promotional offers from Try It Tiny. Users always have the opportunity to choose to no longer receive these communications from us by emailing us at firstname.lastname@example.org.
We will never share Users’ Personal Information, such as Users’ address and telephone number, with any third party, other than third party service providers who have a need to know the information to assist us in providing services through the Platform to Users.
We may share Users’ Personal Information and/or Usage Information with law enforcement or other government officials if it relates to a criminal investigation or alleged criminal activity. We may also disclose specific Personal Information and/or Usage Information if required or permitted to do so by law, and we have a good-faith belief that disclosure is necessary to comply with applicable law or protect and defend the interests or safety of Try It Tiny or its employees, Guests, Hosts, other visitors to our Platform, or a member of the public. We may also disclose Users’ information to comply with a judicial proceeding, court order, subpoena, or legal process.
The Try It Tiny websites are not intended for persons under the age of 13. We do not market to and do not knowingly collect any Personal Information from or about a child under the age of 13 without the consent of the child’s parent or legal guardian. No information should be submitted or posted on our Platform by children under the age of 13. If we discover that we have inadvertently collected information from a child under 13 years of age, we will promptly take all reasonable measures to delete such information from our systems.
Try It Tiny values Users’ privacy and the security of Users’ information. We utilize firewalls, secure access storage facilities and other industry standards to protect against the loss, misuse or alteration of Users’ personal information.
Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure online commerce transactions. It encrypts all of Users’ personal information, including credit card number, name and address, to protect the privacy of Users’ information as it travels over the Internet. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we are committed to protecting Users’ information, we cannot ensure or warrant that Personal Information will be completely secure from misappropriation by hackers or from other nefarious or criminal activities, or in the event of a failure of computer hardware, software, or a telecommunications network. We will notify Users in the event we become aware of a security breach involving Users’ personally identifiable information (as defined by the applicable state and federal laws) stored by or for us. By disclosing Users’ email address to us for any reason, Users expressly consent to receive electronic notice from us in the event of such a security breach.
California law provides that California residents have a right to request businesses to tell them how their personal information has been shared, if at all, with third parties for the third parties’ direct marketing purposes. To make such a request, please contact us at the contact information listed below.
Certain web browsers and other devices Users may use to access the Platform may permit Users to indicate Users’ preference that Users do not wish to be “tracked” online. At this time, the Platform does not respond to "Do Not Track" signals.
Try It Tiny gives Users the opportunity to remove or change personal information that Users have provided to us or modify Users’ preferences. This can be done by emailing us at email@example.com.
If Users prefer to contact Try It Tiny by regular postal mail, please write to:
Try It Tiny
17520 Dartown Rd.
P.O. Box 648
Westfield, IN 46074 USA
Try It Tiny
17520 Dartown Rd.
P.O. Box 648
Westfield, IN 46074 USA