TERMS OF SERVICE, DISCLAIMERS AND RELEASE


Disclaimer.  Our Site is ONLY a Venue. Our Services do not include the introduction of users to one another. Our Site is simply a venue for users to learn about one another and, if they wish, arrange stays with one another. We are not involved in the actual contact between users. As a result, we have no control over the conduct of our users or the truth or accuracy of the information that users post on the Site.

Release. Because our Site is merely a venue, in the event that you have a dispute with one or more users, you release us (and our officers, directors, members, employees, agents and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Identity Verification. Because user verification on the Internet is difficult and we choose to dedicate our limited resources to more directly promoting our cause, we cannot and do not confirm each user's purported identity. By participating on this web site you indicate that you agree with this decision and agree to accept responsibility for determining the identity and suitability of others with whom you may meet by means of this Site. We do not endorse any persons who use or register for our Services. We do not investigate any user's reputation, conduct, morality, philosophy, criminal background, or verify the information such user may submit to the Site (other than the address-verification tool). We encourage you to communicate directly with potential hosts and guests through the tools available on the Site. We encourage you to determine your level of comfort in terms of possibly hosting or staying with someone before deciding to communicate with anyone through this web site.

Your Experience with Other Users. You are solely responsible for your interactions with other users of our Services. We will not be responsible for any damage or harm resulting from your interactions with other users of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.

We retain the right to block access from certain IP addresses.  You agree to be polite and respectful to others you meet on this web site.  As the goal of this web site is to facilitate good deeds, we will not hesitate to remove content posted which does not contribute to our mission.

USER CONDUCT. In your use of our Services, you must act responsibly and exercise good judgment. By way of example and not limitation, you shall not:

(a) violate any applicable law or regulation;

(b) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights;

(c) use information obtained through our Services for any unauthorized purpose;

(d) interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

(e) use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

(f) use our Services in connection with the distribution of spam (which we define as unsolicited bulk e-mail or any other e-mail of a commercial, religious or political or other nature not within the intended purposes of the Services);

(g) "stalk" or harass any other user of our Services;

(h) collect or store any information about any other user other than for purposes of the permitted use of our Services;

(i) use our Services for any commercial purpose whatsoever; or

(j) assist any third party in doing any of the foregoing;

(k) register for more than one user account or register for a user account on behalf of an individual other than yourself;

(l) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.

MINORS MAY NOT USE SERVICES. You must be at least 18 years old to register to use the Services. By using this Site, you represent that you are over 18.

PRIVACY. You waive any rights you may have to the privacy of any information you provide to our web site or to people you meet through the Site.

TERMINATION. We may, in our discretion and without liability to you, with or without cause (such cause may include your breach of these Terms), with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Services.

DISCONTINUANCE OF SERVICES. We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.

LEGAL COMPLIANCE. You shall use our Services in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export-control laws. You hereby represent and warrant to us that you are not (a) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, (b) identified as a "Specially Designated National", or (c) placed on the Commerce Department's Denied Persons List. Without limiting the foregoing, you are solely responsible for determining whether you have complied with travel restrictions to and from certain countries, including travel to and from countries other than the U.S.

You agree that you are restricted from using the Services participating if the laws of your country prohibit you from doing so in accordance with these Terms (for example, if you are not allowed to provide the types of personal information that we require, or if you are prohibited from participating in certain Internet activity).  If you decide to use the Services, you warrant to us that by such use you will not violate, or cause us to violate, the laws of your country.

REPRESENTATIONS AND WARRANTIES. You hereby represent and warrant to us that: (a) you have the full power and authority to enter into and perform under these Terms; (b) your use of our Services will not infringe the copyright, trademark, right of publicity or any other legal right of any third party; (c) you will comply with all applicable laws in using our Services and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Services; and (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.

DISCLAIMER OF WARRANTIES

1. IF YOU USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

2. WE DO NOT WARRANT THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES; OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.

3. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION.

4. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

LIMITS ON LIABILITY

1. WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE OUR SERVICES; (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICES; (F) YOUR OR ANYONE ELSE'S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF OUR SERVICES OR PERSONS INTRODUCED TO YOU BY OUR SERVICES, WHETHER ON-LINE OR OFF-LINE; OR (G) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICES OR THESE TERMS.

2. WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL.

3. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO WITH OUR SERVICES OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED US DOLLARS ($100).

4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.

INDEMNITY. You shall defend, indemnify and hold harmless us (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of our Services or alleging facts or circumstances that could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.

REPORTING MISCONDUCT. If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who steals from you or engages in any other disturbing conduct, you must immediately report such person to the appropriate authorities and to us by contacting us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it ; provided that your report shall not obligate us to take any action or cause us to incur any liability.

DISPUTES. In the event a dispute arises between you and us, our goal is to provide you with a neutral and cost-effective means to resolve the dispute quickly. Accordingly, any claim or controversy at law or equity that arises out of these Terms or our Services ("Claim") shall be resolved in accordance with one of the subsections below or as we may otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution ("ADR") procedures, such as mediation, as an alternative to litigation.

(a) Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than Ten Thousand US Dollars (US$10,000), you or we may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association in accordance with its applicable rules, or any other established ADR provider agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  You agree that any arbitration involving us shall be held in Wisconsin, USA.

(b) Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in La Crosse, Wisconsin, USA or where the defendant is located (in our case La Crosse County, USA, and in your case your home address). You and we agree to submit to the personal jurisdiction of a state court located in La Crosse County, Wisconsin.  Any Claim you may have against someone you meet on this Site is subject to regular rules of court jurisdiction.  

(c) Alternative Dispute Resolution. Alternatively, we will consider use of other forms of ADR, such as binding arbitration to be held in La Crosse, Wisconsin, USA or another location agreed upon by the parties.

(d) Attorney's Fees. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute-resolution mechanism that is selected in accordance with this Section 18 by the first party to file a Claim. Should either party file an action contrary to this Section 18, the other party may recover attorneys' fees and costs up to US$5,000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

MISCELLANEOUS. These Terms shall be interpreted in accordance with the laws of the State of New Hampshire, USA, without regard to conflict-of-law principles. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings, between the parties regarding their subject matter. Our failure or delay in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. We may assign our agreement with you. Headings of sections are for convenience only and shall not be used to limit or construe such sections. Sections 1.5 (Release), 4 (Privacy), 5.1 (License), 6 (Third-Party Content), 7 (Proprietary Rights), 14 (Limits on Liability), 15 (Indemnity), 17 (Languages), 18 (Disputes), 19 (Notices) and this Section 20 (Miscellaneous) shall survive any termination or expiration of these Terms.

VIOLATIONS OF TERMS OF SERVICE.  Because we have limited resources to investigate and pursue those who violate this Site's terms of service and we do not have a budget to spend on this matter, you agree that in the case a violation of the terms of service is alleged and proven, liquidated damages of the greater of $1000 or actual damages proven is appropriate and proper.  In the case of an allegation of a violation of the terms of service, you and we agree that the losing party shall also be responsible for the reasonable attorney's fees of the winning party.   

Please Contact Us with any questions regarding these Terms.

Your continued use of this Site and registration to use our Services is contingent upon your agreement to be bound by the foregoing Terms of Use.