Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Boxlty Platform, you agree to comply with and be bound by these Terms.
Please note: Section 19 of these Terms contains an arbitration clause and class action waiver that applies to all Boxlty Members. If your country of residence is the United States, this provision applies to all disputes with Boxlty. If your country of residence is outside of the United States, this provision applies to any action you bring against Boxlty in the United States. It affects how disputes with Boxlty are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Last Updated: May 1, 2021
Thank you for using Boxlty!
These Terms constitute a legally binding agreement (“Agreement“) between you and Boxlty (as defined below) governing your access to and use of the Boxlty website, including any subdomains thereof, and any other websites through which Boxlty makes its services available (collectively, “Site“), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively, “Boxlty Services“). The Site, Application and Boxlty Services together are hereinafter collectively referred to as the “Boxlty Platform”. Our Terms, Refund Policy, Nondiscrimination Policy and other Policies applicable to your use of the Boxlty Platform are incorporated by reference into this Agreement.
When these Terms mention “Boxlty,” “we,” “us,” or “our,” it refers to the Boxlty company you are contracting with.
- If your country of residence or establishment is the United States, you are contracting with Boxlty Access Systems Inc., 2215 E. Market St. York, PA,17403 United States.
Any and all payment processing services through or in connection with your use of the Boxlty Platform (“Payment Services“) are provided to you by one or more Boxlty Payments entities (individually and collectively, as appropriate, “Boxlty Payments“) as set out in the Payments Terms of Service (“Payments Terms“).
Owners, Real Estate agents and property managers are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Access Services (as defined below). Owners, Property managers and Real Estate agents are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Listing Services they offer. Certain types of Listing Services may be prohibited altogether. Penalties may include fines or other enforcement. We provide some information in our Help/FAQ Center to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Listing(s) and Host Service(s) on Boxlty, you should always seek legal guidance.
1. Scope of Boxlty Services
1.1 The Boxlty Platform is a visitor management service and an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services but not limited to the Owners, Managers, Real Estate Agents or anyone or entity controlling the property are individually or collectively “Owners/Hosts” and the services they offer are “Listing Services”) to publish such Listing Services on the Boxlty Platform (“Listings”) and to communicate and transact directly with Members that are seeking to visit or self-tour a property but not limited to or for the purposes of reviewing, inspecting the property to potentially rent, purchase or access to stay at the accommodation depending on the offering by(“Owners/Hosts”) or Boxlty Services of such Listing Services (Members using Listing Services individually or collectively are “User/Users” “Visitor”,”Visitors” or “Guest”).
1.2 As the provider of the Boxlty Platform, Boxlty does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Listing Services. Owners/Hosts alone are responsible for their Listings and Listing Services. When Members make or accept a visit, they are entering into a contract directly with each other. Boxlty is not and does not become a party to or other participant in any contractual relationship between Members, unless users hire Boxlty as a real estate broker. Boxlty is not acting as an agent in any capacity for any Member using the visitor management or access system excepting that the visitor or owner contracts directly with Boxlty as a real estate broker.
1.3 While we may help facilitate the resolution of disputes, Boxlty has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Listing Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Boxlty does not endorse any Member, Listing or Listing Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Boxlty about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when visiting or listing a property for self-tour visits, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken and are therefore not an endorsement by Boxlty of any Host or Listing.
1.4 If you choose to use the Boxlty Platform as an owner, property manager or listing agent (as defined below), your relationship with Boxlty is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Boxlty for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Boxlty. Boxlty does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Listing Services. You acknowledge and agree that you have complete discretion whether to list Listing Services or otherwise engage in other business or employment activities.
1.5 To promote the Boxlty Platform and to increase the exposure of Listings to potential Visitors/Visitors, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. The Boxlty Platform may contain maps powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The Boxlty Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Boxlty is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Boxlty of such Third-Party Services.
1.7 Due to the nature of the Internet, Boxlty cannot guarantee the continuous and uninterrupted availability and accessibility of the Boxlty Platform. Boxlty may restrict the availability of the Boxlty Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Boxlty Platform. Boxlty may improve, enhance and modify the Boxlty Platform and introduce new Boxlty Services from time to time.
2. Eligibility, Using the Boxlty Platform, Member Verification
2.1 In order to access and use the Boxlty Platform or register an Boxlty Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 Boxlty may make access to and use of the Boxlty Platform, or certain areas or features of the Boxlty Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, thresholds, or a Member’s visit and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws,(i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the Boxlty Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Boxlty Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Boxlty Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. If you access or download the Application from the Google Play Store, you agree to Google’s Licensed Application End User License Agreement. Some areas of the Boxlty Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
3. Modification of these Terms
Boxlty reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Boxlty Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Boxlty Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account (“Boxlty Account“) to access and use certain features of the Boxlty Platform, such as publishing or to self-tour a Listing. If you are registering an Boxlty Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a Boxlty Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account“).
4.3 You must provide accurate, current and complete information during the registration process and keep your Boxlty Account and public Boxlty Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Boxlty Account unless Boxlty authorizes you to do so. You may not assign or otherwise transfer your Boxlty Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Boxlty Account credentials and may not disclose your credentials to any third party. You must immediately notify Boxlty if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Boxlty Account. You are liable for any and all activities conducted through your Boxlty Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 Boxlty may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Boxlty Account. For example, we may enable Members to link their Boxlty Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to book Listings on behalf of other Members, or we may enable Owners to add other Members as Co-Owners/Property Managers (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Boxlty to ask for your credentials, and you shall not request the credentials of another Member.
4.7 In order to operate and utilize Boxlty services, you grant the Boxlty Application permission to access your location, camera, bluetooth, storage, Image library, notifications upon download from the Apple Store if using IOS or Google Play Store if using Android.
5.1 Boxlty may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Boxlty Platform (“Member Content“); and (ii) access and view Member Content and any content that Boxlty itself makes available on or through the Boxlty Platform, including proprietary Boxlty content and any content licensed or authorized for use by or through Boxlty from a third party (“Boxlty Content” and together with Member Content, “Collective Content“).
5.2 The Boxlty Platform, Boxlty Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Boxlty Platform and Boxlty Content, including all associated intellectual property rights, are the exclusive property of Boxlty and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Boxlty Platform, Boxlty Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Boxlty used on or in connection with the Boxlty Platform and Boxlty Content are trademarks or registered trademarks of Boxlty in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Boxlty Platform, Boxlty Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Boxlty Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Boxlty or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Boxlty grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Boxlty Platform and accessible to you, solely for your personal and non-commercial use.
5.6 Boxlty may offer Owners/Hosts the option of having professional photographers take photographs of their Listing Services, which are made available by the photographer to Owners/Hosts to include in their Listings with or without a watermark or tag bearing the words “Boxlty.com Verified Photo” or similar wording (“Verified Images“). You are responsible for ensuring that your Self-Tour Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Boxlty Platform if they no longer accurately represent your Listing, if you stop hosting the Visit Host Service featured, or if your Boxlty Account is terminated or suspended for any reason. You acknowledge and agree that Boxlty shall have the right to use any Verified Images in accordance with Section 5.5 for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where Boxlty is not the exclusive owner of Verified Images, by using such Verified Images on or through the Boxlty Platform, you grant to Boxlty an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Boxlty in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Boxlty Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the Boxlty Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Boxlty Platform or you have all rights, licenses, consents and releases that are necessary to grant to Boxlty the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Boxlty’s use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Boxlty’s Content Policy or any other Boxlty policy. Boxlty may, without prior notice, remove or disable access to any Member Content that Boxlty finds to be in violation of applicable law, these Terms or Boxlty’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Boxlty, its Members, third parties, or property.
5.9 Boxlty respects copyright law and expects its Members to do the same. If you believe that any content on the Boxlty Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
6. Service Fees
6.1 Boxlty may charge fees to Owners/Hosts (“Self-Tour Host Fees“) and/or Visitors/Visitors (“Visitor Fees“) (collectively, “Service Fees“) in consideration for the use of the Boxlty Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Visit Host or Visitor prior to publishing or visit a Listing. Boxlty reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any visits made prior to the effective date of the fee change.
6.3 You are responsible for paying any Service Fees that you owe to Boxlty. The applicable Service Fees (including any applicable Taxes) are collected by Boxlty Payments. Except as otherwise provided on the Boxlty Platform, Service Fees are non-refundable.
7. Terms specific for Owners/Hosts
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the Boxlty Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by Boxlty. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price for your Listing (“Listing Fee” Rent or Sale price). Once a Visitor requests a visit of your Listing, you may not request that the Visitor pays a higher price than in the visit request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
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7.1.5 Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Listing Services. Boxlty reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.6 The placement and ranking of Listings in search results on the Boxlty Platform may vary and depend on a variety of factors, such as Visit Visitor search parameters and preferences, lease or sale requirements, price and calendar availability, number and quality of Images, Reviews and Ratings, type of property, and/or ease of visit. More information about the factors that determine how your Listing appears in search results can be found on our help center.
7.1.7 When you accept or have pre-approved a visit request by a Visitor, you are entering into a legally binding agreement with the Visitor and are required to provide your Self-Tour Host Service(s) to the Visitor as described in your Listing when the visit request is made. You also agree to pay the applicable Self-Tour Fee and any applicable Taxes, unless property settings are set for owner pay. Verified Visitor contact and identification verification is transferred to the Self-Tour Host. Host contact information is made available to Visitors with internal messaging ability.
7.1.8 Boxlty recommends that Owners/Hosts obtain appropriate insurance for their Listing Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Visitors/Visitors (and the Self-Tour individuals and their Visitor, if applicable) while visiting your property.
7.2 Listing Accommodations
7.2.1 Unless expressly allowed by Boxlty, you may not list the same property unless the property is divided by units, you can add multiple-units by labeling with the “Nickname” field.
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7.2.3 You represent and warrant that any Listing you post and the visit of will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Self-Tour Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the property at your request or invitation, excluding the Visitor and any individuals the Visitor invites to the property.
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7.4 Co-Owners/Property Managers
7.4.1 Boxlty may enable Owners/Hosts to authorize other Members (“Co-Owners/ Property Managers”) to administer/manage the Self-Tour Host’s Listing(s), and to bind the Self-Tour Host and take certain actions in relation to the Listing(s) as permitted by the Self-Tour Host, such as accepting visit requests, messaging and welcoming Visitors/Visitors, and updating the Listing Fee and calendar availability (collectively, “Co-Listing Services”). Any agreement formed between Self-Tour Host and Co-Host/property manager may not conflict with these Terms, the Payments Terms, or any other Policies applicable to your Host Service(s). Boxlty reserves the right, in our sole discretion, to limit the number of Co-Owners/managers a Host may invite for each Listing and to limit the number of Listings a Co-Host/property manager may manage.
7.4.2 Owners/Hosts should exercise due diligence and care when deciding who to add as a Co-Host to their Listing(s). Owners remain solely responsible and liable for any and all Listings and Member Content published on the Boxlty Platform, including any Listing created by a Co-Host on their behalf. Further, Owners remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Host(s). Co-Owners/Hosts remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Host, including, but not limited to, conduct that causes harm or damage to the Host. In addition, both Host and Co-Host are jointly responsible and severally liable for third party claims, including Visitor claims, arising from the acts and omissions of the other person as related to hosting activities, communications with Visitors/Visitors, and the provision of any Co-Listing Services.
7.4.3 Unless agreed otherwise by Host and Co-Host, Host and Co-Host may terminate the Co-Host agreement at any time. In addition, both Host and Co-Host acknowledge that their Co-hosting relationship will terminate in the event that Boxlty (i) terminates the Co-Host service or (ii) terminates either party’s participation in the Co-Host service. When the Co-Host agreement is terminated, the Host will remain responsible for all of the Co-Host’s actions prior to the termination, including the responsibility to fulfill any pending or future visits initiated prior to the termination. When a Member is removed as a Co-Host, that Member will no longer have access to any Host or Visitor information related to the applicable Host’s Listing(s).
7.4.4 As a Co-Host, you will not be reviewed by Visitors/Visitors, meaning that your Co-Host activities will not affect your Reviews or Ratings for other Listings for which you are a Host. Owners/Hosts acknowledge that Reviews and Ratings from Visitors/Visitors for their Listing(s) may be impacted by a Co-Host’s conduct and performance.
8. Terms specific for Visitors/Visitors
8.1 Terms applicable to all visits
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Boxlty and/or the Host, you can book a Listing available on the Boxlty Platform by following the respective visit process. Verified Visitor contact and identification information is transferred to the property owner/manager prior to the tour for access approval. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Self-Tour Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to visit a Listing. You agree to pay the Total Fees for any visit requested in connection with your Boxlty Account.
8.1.2 Upon receipt of a visit confirmation from Boxlty, a legally binding agreement is formed between you and the property owner or manager, subject to any additional terms and conditions of the Owner that apply, any rules and restrictions specified in the Listing. Boxlty Payments will collect the Total Fees at the time of the visit request or upon the Host’s confirmation pursuant to the Payments Terms. For certain visits, Visitors/Visitors may be required to pay or the owner may pay, if the owner pays the tour will proceed with no payment required
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8.2 Visit Accommodations
8.2.1 You understand that a confirmed visit of an Accommodation (“Accommodation visit”) is a limited license granted to you by the Owner/Property Manager to enter the property for the duration of your timed visit.
8.3 You agree to leave the Property no later than the time that the Boxlty specifies in the applicaion. If you stay past the agreed upon time without the Owner/Managers consent (“Overstay”), you no longer have a license to stay in the property and the Owner/Property Manager is entitled to make you leave in a manner consistent with applicable law.
8.4 YOU ARE RESPONSIBLE DURING YOUR VISIT The Visitor or Guest is solely responsible for any damages, theft or loss during their visit or stay at the property. You will not allow any other persons not related to your party in the property during your access period.
8.5 PROBITION AGAINST SQUATTING Squatting shall be defined as the action of occupying an abandoned or unoccupied area of land or a building, usually residential, that the squatter does not own, rent or otherwise have lawful permission to use. In general, Squatting is the unauthorized use of real estate.
Any User of the Boxlty Platform hereby acknowledges that as a condition for their use and admittance to the Boxlty Platform they shall not participate in, and shall be prohibited from, squatting in any Platform Listed Accommodation, whether for the purposes of:
- Deprivation-based – homeless people squatting for housing need.
- An alternative housing strategy – people unprepared to wait on municipal lists to be housed take direct action.
- Entrepreneurial – people breaking into buildings to service the need of a community for cheap bars, clubs etc.;
- Conservational – preserving monuments because the authorities have let them decay; or
- Political – activists squatting buildings as protests or to make social centres. In the United States, squatting is illegal, and squatters can be evicted and convicted for trespassing. Any violator of this provision shall be prosecuted to the fullest extent of the law. Squatter’s rights, such as Adverse Possession, shall not apply to any violator hereunder
By using the Boxlty Platform to access any property available by self-tour visit, you waive any and all rights or claims not limited to any adverse possession, land claim or easement by prescription.
No tenancy relationship is created by using the application for access or entry. Owner/manager and visitor using the Boxlty application for property access, agree that NO Tenancy relationship is created by using the Boxlty application and any tenant landlord relationship is Only to be created in writing by form of lease or land contract.”
9. Visit Modifications, Cancellations and Refunds, Resolution Center
9.1 Owners/Hosts and Visitors/Guests are responsible for any modifications to a visit that they make via the Boxlty Platform or direct Boxlty customer service to make (“visit Modifications“)
9.2 Visitors/Guests can cancel a confirmed visit at any time pursuant to the Listing’s cancellation policy set by the Owner, and Boxlty Payments will refund the amount of the Total Fees due to the Visitor in accordance with such cancellation policy.
9.3 If a Host cancels a confirmed visit, the Visitor will receive a full refund of the Total Fees for such visit. In some instances, Boxlty may allow the Visitor to apply the refund to a new visit, in which case Boxlty Payments will credit the amount against the Visitor’s subsequent visit at the Visitor’s direction. Further, Boxlty may publish an automated review on the Listing cancelled by the Host indicating that a visit was cancelled. In addition, Boxlty may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled visit.
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9.5 In certain circumstances, Boxlty may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed visit and initiate corresponding refunds and payouts. This may be for reasons set forth in Boxlty’s Extenuating Circumstances Policy or (i) where Boxlty believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Boxlty, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
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9.7 If a Visitor or Boxlty cancels a confirmed visit, and the Visitor receives a refund in accordance with the Visitor Refund Policy, Visitor Refund Policy, Extenuating Circumstances Policy, or the applicable cancellation policy set by the Host and mentioned in the Listing, after the Host has already been paid, Boxlty Payments will be entitled to recover the amount of any such refund from the Host, including by subtracting such refund amount out from any payment channels provided by the Host.
10. Ratings and Reviews
10.1 Within a certain time frame after completing a visit, Visitors/Visitors and Owners/Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each property. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Boxlty. Ratings and Reviews are not verified by Boxlty for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Visitors/Visitors and Owners/Hosts must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with Boxlty’s Content Policy and Extortion Policy.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
11. Damage to Accommodations, Disputes between Members
11.1 As a Visitor, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
11.2 The Visitor or Guest is solely responsible for any damages, theft or loss during their visit or stay at the property. If a Host claims and provides evidence that you as a Visitor have damaged an Accommodation or any personal or other property at an Accommodation (“Damage Claim“), the Host can seek payment from you through the Resolution Center. If a Host escalates a Damage Claim to Boxlty, you will be given an opportunity to respond. If you agree to pay the Host, or Boxlty determines in its sole discretion that you are responsible for the Damage Claim, Boxlty via Boxlty Payments will, after resolution is determined, collect any such sums from you as required to cover the Damage Claim pursuant to the Payments Terms. Boxlty also reserves the right to otherwise collect payment from you and pursue any remedies available to Boxlty in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Owners/Hosts.
11.3 Members agree to cooperate with and assist Boxlty in good faith, and to provide Boxlty with such information and take such actions as may be reasonably requested by Boxlty, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) Accommodations or any personal or other property located at an Accommodation.
A Member shall, upon Boxlty’s reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Boxlty or a third party selected by Boxlty or its insurer, with respect to losses for which a Member is requesting payment from Boxlty.
11.4 If you are a Visitor or a Co-Host, you understand and agree that Boxlty may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including an Accommodation) of the Host (including without limitation amounts paid by Boxlty.
You agree to cooperate with and assist Boxlty in good faith, and to provide Boxlty with such information as may be reasonably requested by Boxlty, to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Boxlty may reasonably request to assist Boxlty in accomplishing the foregoing.
12. Rounding off
Boxlty generally supports payment amounts that are payable from or to Visitors/Visitors or Owners/Hosts to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where Boxlty’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, Boxlty may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Visitors/Visitors or Owners/Hosts to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, Boxlty may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
13.1 As a Visit-Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes“).
13.2 Tax regulations may require us to collect appropriate Tax information from Owners/Hosts, or to withhold Taxes from payouts to Owners/Hosts, or both. If a Host fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.
13.3 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 Visitors/Visitors or Owners/Hosts on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Owners/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“).
13.4 You agree that any claim or cause of action relating to Boxlty’s facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by Boxlty in connection with facilitation of Collection and Remittance, if any. Visitors/Visitors and Owners/Hosts agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Boxlty from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
13.5 Boxlty reserves the right, with prior notice to Owners/Hosts, to begin or cease the Collection and Remittance in any jurisdiction for any reason at which point Owners/Hosts and Visitors/Visitors are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations in that jurisdiction.
14. Prohibited Activities
14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Boxlty Platform. In connection with your use of the Boxlty Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policiesor Standards;
- use the Boxlty Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Boxlty endorsement, partnership or otherwise misleads others as to your affiliation with Boxlty;
- use the Boxlty Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- offer, as a Host, any Accommodation that you do not yourself own or have permission to make available for tours or other property through the Boxlty Platform;
- contact another Member for any purpose other than asking a question related to a your own visit, Listing, or the Member’s use of the Boxlty Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- use the Boxlty Platform to request, make or accept a visit independent of the Boxlty Platform, to circumvent any Service Fees or for any other reason;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- misuse or abuse any Listings or services associated with the Boxlty Open Homes program as determined by Boxlty in its sole discretion.
- use, display, mirror or frame the Boxlty Platform or Collective Content, or any individual element within the Boxlty Platform, Boxlty’s name, any Boxlty trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Boxlty Platform, without Boxlty’s express written consent;
- dilute, tarnish or otherwise harm the Boxlty brand in any way, including through unauthorized use of Collective Content, registering and/or using Boxlty or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Boxlty domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Boxlty Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Boxlty or any of Boxlty’s providers or any other third party to protect the Boxlty Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Boxlty Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Boxlty Platform;
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14.2 You acknowledge that Boxlty has no obligation to monitor the access to or use of the Boxlty Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Boxlty Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Boxlty in good faith, and to provide Boxlty with such information and take such actions as may be reasonably requested by Boxlty with respect to any investigation undertaken by Boxlty or a representative of Boxlty regarding the use or abuse of the Boxlty Platform.
14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Boxlty by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
15. Term and Termination, Suspension and other Measures
15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Boxlty terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Boxlty Account as a Host, any confirmed visit(s) will be automatically cancelled and your Visitors/Visitors will receive a full refund. If you cancel your Boxlty Account as a Visitor, any confirmed visit(s) will be automatically cancelled and any refund will depend upon the terms of the Boxlty cancellation policy.
15.3 Without limiting our rights specified below, Boxlty may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
15.4 Boxlty may immediately, without notice, terminate this Agreement and/or stop providing access to the Boxlty Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Boxlty believes in good faith that such action is reasonably necessary to protect the personal safety or property of Boxlty, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 In addition, Boxlty may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Boxlty Account registration, Listing process or thereafter, (iv) you and/or your Listings or Listing Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly cancelled confirmed visits or failed to respond to visit requests without a valid reason, or (vii) Boxlty believes in good faith that such action is reasonably necessary to protect the personal safety or property of Boxlty, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
- cancel any pending or confirmed visits;
- limit your access to or use of the Boxlty Platform;
- temporarily or permanently revoke any special status associated with your Boxlty Account;
- temporarily or in case of severe or repeated offenses permanently suspend your Boxlty Account and stop providing access to the Boxlty Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Boxlty and an opportunity to resolve the issue to Boxlty’s reasonable satisfaction.
15.6 If we take any of the measures described above (i) we may refund your Visitors/Visitors in full for any and all confirmed visits that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed visits that were cancelled.
15.7 When this Agreement has been terminated, you are not entitled to a restoration of your Boxlty Account or any of your Member Content. If your access to or use of the Boxlty Platform has been limited or your Boxlty Account has been suspended or this Agreement has been terminated by us, you may not register a new Boxlty Account or access and use the Boxlty Platform through an Boxlty Account of another Member.
15.8 Sections 5 and 16 to 22 of these Terms shall survive any termination or expiration of this Agreement.
If you choose to use the Boxlty Platform or Collective Content, you do so voluntarily and at your sole risk. The Boxlty Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Boxlty Services, laws, rules, or regulations that may be applicable to your Listings and/or Listing Services you are receiving and that you are not relying upon any statement of law or fact made by Boxlty relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Experiences, Events, other Listing Services, or the Group Payment Service may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Listing Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Listing Services. You assume full responsibility for the choices you make before, during and after your participation in a Host Service or the Group Payment Service. If you are bringing a minor as an additional Visitor, you are solely responsible for the supervision of that minor throughout the duration of your Host Service and to the maximum extent permitted by law, you agree to release and hold harmless Boxlty from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Boxlty Platform and Collective Content, your publishing or visit of any Listing via the Boxlty Platform, your visit at any Accommodation/property or any other interaction you have with other Members whether in person or online remains with you. Neither Boxlty nor any other party involved in creating, producing, or delivering the Boxlty Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Boxlty Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Boxlty Platform, or (iv) from your publishing or visit of a Listing, including the provision or use of a Listing’s Listing Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Boxlty has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Owners/Hosts pursuant to these Terms or an approved payment request, in no event will Boxlty’s aggregate liability arising out of or in connection with these Terms and your use of the Boxlty Platform including, but not limited to, from your publishing or visit of any Listings via the Boxlty Platform, or from the use of or inability to use the Boxlty Platform or Collective Content and in connection with any Accommodation/property or interactions with any other Members, exceed the amounts you have paid or owe for visits via the Boxlty Platform as a Visitor in the twelve (12) month period prior to the event giving rise to the liability.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Boxlty’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
To the maximum extent permitted by applicable law, you agree to release, defend (at Boxlty’s option), indemnify, and hold Boxlty and its affiliates and subsidiaries, including but not limited to, Boxlty Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Boxlty Platform or any Boxlty Services, (iii) your interaction with any Member, visit at any property on the Boxlty platform, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Boxlty’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
19. Dispute Resolution and Arbitration Agreement
19.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) country of residence or establishment is in the United States; or (ii) your country of residence or establishment is not in the United States, but bring any claim against Boxlty in the United States (to the extent not in conflict with Section 21).
19.2 Overview of Dispute Resolution Process. Boxlty is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with Boxlty’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 19 and except as provided in Section 19.6). Specifically, the Consumer Arbitration Rules provide:
- Claims can be filed with AAA online (adr.org);
- Arbitrators must be neutral and no party may unilaterally select an arbitrator;
- Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
- Parties retain the right to seek relief in small claims court for certain claims, at their option;
- The initial filing fee for the consumer is capped at $200;
- The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
- The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
19.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Boxlty each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Boxlty’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
19.4 Agreement to Arbitrate. You and Boxlty mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Boxlty Platform, the Listing Services, , or the Collective Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Boxlty agree that the arbitrator will decide that issue.
19.5 Exceptions to Arbitration Agreement. You and Boxlty each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
19.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
19.7 Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Boxlty agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in York County; (c) in any other location to which you and Boxlty both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
19.8 Modification of AAA Rules – Attorney’s Fees and Costs. You and Boxlty agree that Boxlty will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Boxlty agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA Rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
19.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
19.10 Jury Trial Waiver. You and Boxlty acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
19.11 No Class Actions or Representative Proceedings. You and Boxlty acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and Boxlty both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 19.11 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 19.11 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and Boxlty agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
19.12 Severability. Except as provided in Section 19.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
19.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Boxlty changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Boxlty’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Boxlty (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Boxlty.
19.14 Survival. Except as provided in Section 19.12 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the Boxlty Platform or terminate your Boxlty Account.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Boxlty Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Boxlty Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
21. Applicable Law and Jurisdiction
21.1 If your country of residence or establishment is the United States, these Terms will be interpreted in accordance with the laws of the State of Pennsylvania and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 19 must be brought in state or federal court in Harrisburg,Pennsylvania unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Harrisburg, Pennsylvania.
22. General Provisions
22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Boxlty and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Boxlty and you in relation to the access to and use of the Boxlty Platform.
22.2 No joint venture, partnership, employment, or agency relationship exists between you and Boxlty as a result of this Agreement or your use of the Boxlty Platform.
22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
22.5 Boxlty’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Boxlty’s prior written consent. Boxlty may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
22.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Boxlty via email, Boxlty Platform notification, or messaging service (including SMS and WeChat).
22.8 If you have any questions about these Terms please email us.