General conditions

TERMS & CONDITIONS

Last Updated: July 16, 2018

Welcome to FlashStay!

Stratos Property Group, LLC (“Stratos”) is a Florida limited liability company that provides the FlashStay website and related services to users like you (sometimes referred to herein as “you” or “user”). Specifically, FlashStay is an online platform which enables users to search for and book privately owned property for lodging accommodation (“Property” or “Properties”)(the “Service(s)”). FlashStay is a conduit between users and third-party property owners, and does not itself own, sell, resell, or control any of the Properties. FlashStay is not a property manager or travel service provider or agent.

Properties are owned and controlled by third-party property owners (“Owners”). Owners are responsible for complying with any and all laws, rules, and regulations that apply to their Properties, including but not limited to any housing and condominium association regulations related to the subletting or short-term renting of Properties.

Stratos provides the FlashStay Service to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). Your use of the Service is also subject to our Privacy Policy (as it may change from time to time) which is hereby incorporated by this reference in its entirety and can be reviewed by visiting [https://www.flashstay.com/privacy-policy/].

When you use the Service, including but not limited to, creating a user account and booking properties, you will be subject to and agree to be bound by this Agreement and the Privacy Policy. In the event that any of the terms, conditions, or notices contained herein conflict with the Privacy Policy or other terms and guidelines, these terms shall control. PLEASE BE AWARE THAT THIS AGREEMENT AND THE REFERENCED DOCUMENTS DESCRIBE OUR COMPLETE TERMS OF USE. USING THE SERVICE INDICATES YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, AS THEY MAY CHANGE PERIODICALLY, YOU MAY NOT USE THE FLASHSTAY SERVICE. Stratos reserves the right to terminate this Agreement or your access to the website, or generally cease offering the Service, at any time for any reason.

IMPORTANT: PLEASE REVIEW THE DISPUTE RESOLUTION PROVISION BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH STRATOS ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

MODIFICATION

Stratos reserves the right to modify the terms of this Agreement at any time. If modifications are made, Stratos will post the revised Agreement on the FlashStay website and update the “Last Updated” date at the top. If modifications are made, Stratos will provide you notice of such modifications. It is your responsibility to review these notices and any modifications. If you use (or continue to use) the Service after a change, that means you accept the new terms.

USE OF SERVICE

By downloading, accessing, or using the Service, you agree to the following:

1. You represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract. You may not authorize others to use your account, and you may not allow persons under the age of 18 to obtain services via your account. You agree to be fully responsible for any minors who you bring as an additional guest to a booked property (as further detailed below). You also represent and warrant that you are not a person or entity barred from accessing the Service under the laws of any jurisdiction.

 

2. Stratos may make access to and use of the Service subject to conditions, including but not limited to a verification process and other eligibility criteria as further detailed herein.

 

3. Subject to the terms of this Agreement, Stratos hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Service on your computer, mobile, or other electronic device only for its intended purpose. Any breach of this Agreement shall result in the immediate revocation of the license granted herein and deletion of your account without notice to you. You may, at your sole discretion and without notice to Stratos, deactivate and/or delete your user account at any time. You agree that you shall be responsible for any Fees incurred by you prior to deactivation or deletion. Deactivation and deletion do not relieve you of your payment obligations. Any rights not expressly granted herein are reserved by Stratos.

 

4. You agree that Stratos and its third-party providers and affiliates, including our Payment Processor (as defined herein) may contact you by telephone, text message, and email in order to effectuate services requested by you via the Service.
5. Stratos respects other people’s rights, including intellectual property rights, and expects our users to do the same. While you may make limited copies of information related to your bookings, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit the Service or any portion of it unless expressly permitted by Stratos in writing. You may not make any commercial use of any of the information provided on the Service or make any use of the Service for the benefit of another person, business, or other entity. You may not access, monitor, or copy any content or information provided via the Service using any robot, spider, scraper, or automated or manual means for any purpose without Stratos’s written consent. Any violation of any person or entity’s intellectual property rights will result in the immediate termination of services and deletion of your user account.

 

6. You are responsible for obtaining the data network access necessary to use the Service. In addition to any charges and other fees incurred through use of the Service, either from Stratos or any third-party provider, your mobile network's data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service, and the Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

7. Stratos reserves the right to refuse service, terminate accounts, and cancel bookings at its discretion, without limitation, for any reason or no reason at all, or if it believes that your conduct violates this Agreement, the Privacy Policy, applicable law, or is otherwise harmful to Stratos, its affiliates, third-party providers, or other Service users.

ACCOUNT REGISTRATION

In order to use the Service, you must register for and maintain a user account. Account registration requires you to submit to Stratos certain personal information, including but not limited to, your name, address, mobile phone number, age, and, in Stratos’s sole discretion, at least one valid payment method. You agree to maintain accurate, complete, and up-to-date information in your user account at all times. Your failure to maintain such information may result in your inability to use the Service, including booking Properties, and termination of this Agreement and your user account. You are responsible for all activity that occurs within your user account, and you agree to maintain the security of your user account information.

Upon receipt of your request to create a user account, Stratos may request additional information for verification purposes. You may not register more than one account unless authorized by Stratos in writing.

Upon registration, Stratos may assign you a password and account identification (the “Login Credentials”), which enable you to access and use the Service. You will be deemed to be authorized to access and use the Service in a manner consistent with this Agreement each time you use your Login Credentials. Stratos shall have no obligation to investigate the authorization or source of any access or use of the Service. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICE BY ANYONE USING THE LOGIN CREDENTIALS ASSIGNED TO YOU, WHETHER OR NOT SUCH ACCESS TO AND USE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS, TRANSMISSIONS, AND OBLIGATIONS (INCLUDING BOOKINGS AND FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the Login Credentials assigned to you and you shall immediately notify Stratos of any unauthorized use.

LISTING PROPERTIES

Owners may submit their properties for Stratos’s consideration through FlashStay. As part of Stratos’s verification process, Owners may be asked to provide information related to their properties, including but not limited to location, size (including number of bedrooms and bathrooms), amenities and accommodations, availability dates, and preferred price range. Any request for preferred price range by Stratos is for informational purposes only. Stratos reserves the right to set prices for Properties in its sole discretion. On occasion, Stratos may request to conduct an in-person evaluation of properties.

Owners represent and warrant that properties which they submit for consideration are done so in conformity with any and all applicable laws, rules, and regulations, including zoning and tax laws, homeowners and condominium associations, and other agreements.

Once verified and approved by Stratos, an Owner’s property may be listed on the FlashStay website for potential bookings. While Stratos agrees to make commercially reasonable efforts to market Properties, it cannot and does not guarantee the frequency of bookings or an Owner’s potential earnings.

All Owners are responsible for the acts and omissions of themselves and other individuals who reside and are otherwise present at the Property when such Property is booked, including but not limited to users and any user guests.

USER GENERATED CONTENT

Stratos may, from time to time and in its sole discretion, request or permit you to submit, upload, or otherwise publish text, audio, and/or visual content, including commentary and feedback related to Services and Properties. ("User Generated Content"). In addition, Stratos may, from time to time and in its sole discretion, permit you to view the User Generated Content of other FlashStay users.

You own the User Generated Content that you submit or post through the Service, and you grant Stratos a non-exclusive, perpetual, irrevocable, worldwide, transferable and sub-licensable license and right to use, copy, modify, distribute, publish, and process information and User Generated Content you provide, without any further consent, notice and/or compensation to you or others. Stratos does not claim ownership of any User Generated Content.

You agree, represent, and warrant that your User Generated Content: (a) does not violate any law; (b) does not violate or infringe upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or entity; (c) is not defamatory, abusive, harassing, threatening, impersonating, or intimidating to any other person or entity; (d) is not libelous, threatening, defamatory, obscene, pornographic, hateful, or could give rise to any civil or criminal liability under U.S. or international law; and (e) does not include any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties.

Submissions and opinions that are User Generated Content are those of the individuals or entities expressing such submissions or opinions, and do not reflect Stratos’s opinions. Stratos is not responsible for User Generated Content.

If you believe that any content on the FlashStay website infringes copyrights you own, please provide Stratos written notice in accordance with the Notice and Communications provision below.

FEES AND PAYMENT TERMS

Stratos may charge fees related to Property bookings (“Fees”). Fees include but are not limited to the price of your stay based on the terms of the Booking (as defined below)(the “Booking Fee”), any Deposit (as defined below), and applicable taxes (including VAT, occupancy, tourist, and other sales, visitor, and income taxes) which Stratos may collect.

In order to use the Services and book Properties, you must provide Stratos with at least one valid payment method at the time of creating your user account. You may change your payment method and information at any time.

Stratos collects payment on behalf of Owners as their limited payment collection agent. Such payments shall be considered the same as payment made directly by you to Owners. This payment structure is intended to fully compensate Owners and any other third-parties, as applicable, for the services or goods obtained by and provided to you in connection with your use of the Service.

In addition to Fees, some Properties may require users to provide a non-refundable security deposit of 30% (a “Deposit”). All Fees, including Deposits, will be detailed and available for review prior to booking a Property. You acknowledge and agree that Stratos’s Payment Processor (as defined below) may place a hold on your debit or credit card in the amount of the Deposit upon Booking.

All payments will be processed by a third-party payment processor (our “Payment Processor”). By using the Service, you authorize our Payment Processor to charge your credit and/or debit card for any and all payments due to Stratos or otherwise related to your Booking (including any fees incurred during your stay and fees related to any damages, as further detailed below).

Currency rates, if made available, are based on various publicly available sources and are intended to be used as general guidelines only. Rates are not verified as accurate, and actual rates may vary. Stratos does not warrant or guarantee the accuracy of information and pricing related to currency rates which may be made available through the Service. It is your responsibility to verify the accuracy of any currency rates.

BOOKING A PROPERTY

Through the FlashStay website, users are able to search for and book Properties (“Booking(s)”). Upon booking, a Property becomes and shall be considered a “Booked Property.” You agree that a Booking constitutes a legally binding agreement and authorize our Payment Processor to place a hold on your credit or debit card in the amount of the Booking.

Stratos’s Payment Processor will execute payment of the Booking Fee at the time of your scheduled arrival to the Property. You agree to pay any and all other fees incurred during your stay, as further detailed herein.

Contact Stratos if you have questions related to your Booking (including potential modifications), need special accommodations, or if you are going to be delayed on your date of check-in. You may cancel a Booking up until one (1) week prior to your date of check-in. In the event of such a cancellation, Stratos will refund fifty percent (50%) of the Booking Fee.

Many banks and credit card companies charge a transaction fee when the card issuer and the merchant location are in different countries. The currency exchange rate, if applicable, and any transaction fees are determined solely by your bank or other applicable agency. These fees may be applied by the card issuer as a charge to your account. This means the amount listed on your credit or debit card statement may be different from the price of your Booking. If you have questions about these fees or any exchange rate applied to your Booking, you should contact your bank.

DURING YOUR STAY

Upon Booking, you are granted a limited license by the Property Owner to enter, occupy, and use the Booked Property based on the terms of your Booking. By staying at a Booked Property, you acknowledge and agree that the Owner is entitled to re-enter the Booked Property as deemed necessary by the Owner or as permitted by law.

If you bring a minor to a Booked Property as an additional guest, you represent and warrant that you are legally authorized to act on behalf of the minor. You further agree that you shall be fully and legally responsible for the minor.

You understand and agree that you are granted the above limited license only for the duration of your stay at a Booked Property. You further agree that you shall leave the Booked Property in accordance with the check-out terms of your Booking. You acknowledge and agree that should you overstay the term of your Booking, the Owner is entitled to remove you in accordance with law, and you may be liable for additional fees, including but not limited to the amount of your Deposit (“Overstay Fees”). You hereby agree that Stratos’s Payment Processor may charge your credit or debit card on file for any reasonable Overstay Fees.

You acknowledge and agree that you will leave the Booked Property in the same or similar condition it was in upon your arrival. If your arrive at a Booked Property at the time of your check-in, and find the Booked Property is not in good condition, please contact Stratos immediately. You acknowledge and agree that you are responsible for the Booked Property during the term of your stay and that you may be liable for any damages as a result of your acts and omissions, as well as the acts and omissions of any of your additional guests (including minors).

AFTER YOUR STAY

Owners may, in good faith, report damage to personal and other property reasonably believed to have been caused by you or your additional guests during your stay (a “Claim of Damage”). Owners who make a Claim of Damage must provide Stratos with all information and evidence related to such claim, including but not limited to the date such damage was noticed by the Owner, a description of all damage, and photographs of such damage.

In the event that Stratos receives a verified Claim of Damage, Stratos will notify you and you will have the opportunity to respond. If, after a review of the Claim of Damage and any response you provide, Stratos determines that such damage was caused by you or any of your additional guests, you hereby acknowledge and agree that Stratos’s Payment Processor may charge your credit or debit card on file or withhold from your Deposit amounts required to repair or replace such damage.

Stratos may, in its sole discretion, request users and Owners to participate in mediation or other form of alternative dispute resolution related to any Claim of Damage and resolution thereof.

INTELLECTUAL PROPERTY

All graphics, images, videos, icons, and text provided on the Service (the “Stratos Content”), belong exclusively to Stratos or its Stratos Content suppliers. All software used on the Service (the “Stratos Software”) is the property of Stratos or its Stratos Software suppliers. U.S. and international copyright laws protect the Stratos Content and Software. The use of any of Stratos’s trademarks, service marks, or other intellectual property without Stratos’s express written consent is strictly prohibited. You may not use any of Stratos’s trademarks, service marks, or other intellectual property in connection with any product or service that is in any way likely to cause confusion or harm to Stratos.

TERMINATION

You may terminate this Agreement at any time by deactivating or deleting your user account or by providing Stratos written notice pursuant to the Notice and Communications provision below.

Stratos may terminate this Agreement at any time with or without reason by providing you written notice thirty (30) days prior to such termination. Stratos may, in its sole discretion, suspend your use of the Service or terminate this Agreement immediately if: (i) you breach any of the terms of this Agreement; (ii) you violate any applicable laws, rules, or regulations; (iii) you repeatedly receive poor ratings or reviews or cause repeated damage to Properties; (iv) you repeatedly cancel Bookings; or (v) Stratos reasonably believes it is necessary to do so to protect Stratos, and its users and Owners.

In addition to any legal or equitable remedies, Stratos may, without notice to you, terminate, transfer, assign, charge, or otherwise dispose of this Agreement or any of Stratos’s rights or obligations hereunder, or revoke any or all of your rights granted hereunder at any time. The provisions relating to intellectual property, Disclaimer, Limitation of Liability, Applicable Laws, Indemnification, and Severability shall survive any termination. Termination does not release you from payment obligations.

INTERNATIONAL ACCESS

This Service may be accessed from outside the United States and may contain products and services or references to products and services that are not available outside of the United States. Any such references do not imply that such products and services will be made available outside the United States. Users who access or use the Service from outside the United States are responsible for complying with their local laws and regulations.

DISCLAIMERS

THIS SERVICE AND ALL INFORMATION PUBLISHED VIA THE FLASHTSAY WEBSITE ARE PRESENTED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE FLASHSTAY WEBSITE AND SERVICES PROVIDED THEREFROM MAY INCLUDE INACCURACIES, MISTAKES OR ERRORS. BY USING THE FLASHSTAY WEBSITE AND ACCEPTING SERVICES, YOU DO SO VOLUNTARILY.

STRATOS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE NOR DOES STRATOS MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION MADE AVAILABLE OR PUBLISHED VIA THE SERVICE, INCLUDING PROPERTY DESCRIPTIONS AND AVAILABILITY. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AND OTHER MATERIAL ON THE SERVICE OR ANY SITES WITH WHICH IT IS LINKED.

YOU AGREE THAT ACCEPTANCE OF SERVICES, INCLUDING YOUR BOOKING AND STAY AT PROPERTIES AND INTERACTIONS WITH OTHER USERS AND OWNERS INVOLVES INHERENT RISK (INCLUDING BUT NOT LIMITED TO ILLNESS, BODILY INJURY, DISABILITY, OR DEATH). BY ACCEPTING SERVICES, YOU CHOOSE TO ASSUME THOSE RISKS ON BEHALF OF YOURSELF AND ANY ADDITIONAL GUESTS YOU BRING WITH YOU TO A BOOKED PROPERTY, INCLUDING MINORS. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MAKE AS SUCH CHOICES RELATE TO ACCEPTANCE OF SERVICES, BOOKINGS, STAYS, AND INTERACTIONS WITH OWNERS, OTHER USERS, AND THIRD-PARTIES.

THE INCLUSION OR OFFERING OF ANY PROPERTY VIA THE FLASHSTAY WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PROPERTY OR OWNER.

THE DISCLAIMERS DETAILED HEREIN APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY

STRATOS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF OR IN CONNECTION WITH: (a) THIS AGREEMENT; (b) YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE; (c) ANY TRANSACTION, COMMUNICATIONS WITH, OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTIES, INCLUDING OWNERS AND OTHER USERS, EVEN IF STRATOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (d) YOUR BOOKING, USE OF, AND STAY AT ANY PROPERTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR ANY OTHER LEGAL THEORY. STRATOS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND STRATOS’S REASONABLE CONTROL.

IN USING THE SERVICE, YOU AGREE THAT STRATOS WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SERVICE; (b) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (c) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OWNERS OR USE OF PROPERTIES; (d) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES; OR (e) EVENTS BEYOND STRATOS’S REASONABLE CONTROL.

FURTHERMORE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, STRATOS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR ANY DEALINGS OR RELATIONSHIP WITH ANY THIRD-PARTIES (INCLUDING OWNERS, OTHER USERS, AND ANY THIRD-PARTY SERVICE PROVIDERS), INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STRATOS’S TOTAL AND AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED THE GREATER OF: 1) ANY AMOUNTS PAID BY YOU TO STRATOS IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR 2) ONE HUNDRED US DOLLARS ($100USD).

THE LIMITATIONS AND DISCLAIMERS HEREIN DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, STRATOS’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON STRATOS’S CHOICE OF LAW PROVISION SET FORTH BELOW.

MISCELLANEOUS TERMS

1. Dispute Resolution and Applicable Law. Stratos is committed to customer satisfaction. If you have a problem or dispute, we will try to resolve your concerns. You agree to give us an opportunity to resolve any problems or disputes relating in any way to the Service. If we are unable to resolve the problem or dispute, you may pursue claims as explained herein.

 

1. The laws of the State of Florida shall govern this Agreement. Any dispute relating in any way to your use of the Service shall be submitted to confidential arbitration in Miami-Dade County, Florida, except in regards to issues regarding violations of Stratos’s intellectual property rights, for which Stratos may seek relief from any state or federal court of competent jurisdiction in the State of Florida. By using the Service, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-conveniences with respect to venue and jurisdiction in the state and federal courts of the State of Florida. Arbitration under this Agreement shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. In using this Service, you further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.

 

1. By using the Service, you agree that Stratos’s remedy at law for any actual or threatened breach of the intellectual property provisions herein would be inadequate. As such, Stratos shall be entitled to specific performance, injunctive relief, or both, in addition to any damages Stratos may be entitled to recover, along with reasonable expenses incurred by Stratos for any form of dispute resolution, including, without limitation, reasonable attorneys’ fees. No right or remedy of Stratos shall be exclusive of any other, whether at law or in equity, including without limitation damages, injunctive relief, attorneys’ fees and expenses. No instance of waiver by Stratos of its rights or remedies under this Agreement shall imply any obligation to grant any similar, future, or other waiver. No act or omission by or on behalf of Stratos is intended to be, nor should be construed as, a waiver of any of its rights, claims, causes of action, or remedies related to this Agreement.

 

2. Waiver of Jury Trial. You hereby knowingly, voluntarily and intentionally waive the right to trial by jury in respect to any litigation based hereon, or arising out of, under, or in connection with this Agreement, or any course of conduct, course of dealing, statements (whether verbal or written), or other actions of any party to this Agreement.

 

3. No Class Action. You acknowledge and agree that you hereby waive the right to participate in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding related to any disputes which may arise out of or relate to this Agreement.

 

4. Indemnification. You agree to defend, indemnify and hold harmless Stratos, and its affiliates, officers, directors, and employees from any and all claims, causes of action, demands, liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ and accounting fees and expenses, arising from or in connection with: (a) your use of the Service or any service obtained therein; (b) your breach or violation of this Agreement, our Privacy Policy, or any other policy posted from time to time on the Service; (c) your interaction with any other users and Owners, or your stay at or use of any Property; and (d) your violation of any laws, regulations, or rights of third parties.

 

5. Entire Agreement. These Terms and Conditions and other referenced documents and policies constitute the entire agreement between you and Stratos, govern your use of the Service, and supersede prior agreements, written or oral, between you and Stratos. You may not assign this Agreement or any rights or obligations hereunder, in whole or in part, voluntarily or by operation of law, without prior written consent of Stratos. Any purported assignment in contravention of this paragraph shall be null and void. This Agreement does not confer any third-party beneficiary rights. Agreements with third-party providers are separate from this Agreement. Stratos’s failure to enforce any right or provision in this Agreement shall not constitute a waiver unless agreed to by Stratos in writing.

 

6. No Joint Venture. Nothing in this Agreement shall be construed to create any joint venture, partnership, employment, or agency relationship between you and Stratos or any of its affiliates.

 

7. Severability. If any provision of this Agreement is deemed void, invalid, or unenforceable for any reason by any arbiter or court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible under applicable law. All provisions of this Agreement are severable, and shall not affect the validity or enforceability of the remaining provisions.

 

8. Notice and Communications. Unless specified otherwise, any notices or other communications to users permitted or required under this Agreement, will be in writing and given by via email or otherwise electronically through the Service. Stratos encourages you to contact us with questions, comments, and other feedback. Notice and other communications from users to Stratos should be sent in writing to Stratos Property Group, LLC at info@flashstay.com.

 

We appreciate your business!