Terms of Service

1. Introduction

Welcome to RoadHarbor. These Terms of Service ("Terms") govern your access to and use of our platform, including any content, functionality, and services offered.

By accessing or using the Platform, you agree to comply with and be bound by these Terms. These Terms apply to all users of RoadHarbor, including without limitation, Hosts who list their properties for rental and guests who book properties through the Platform.

Please read these Terms carefully before using the Platform. If you do not agree to these Terms, you must not access or use the Platform. By agreeing to these Terms, you are also agreeing to our Privacy Policy, which can be found at Privacy Policy. Our Privacy Policy explains how we collect, use, and protect your personal information when you use RoadHarbor.

We reserve the right to modify these Terms at any time. Any changes to these Terms will be posted on this page and will become effective immediately upon posting. Your continued use of our Platform following the posting of revised Terms means that you accept and agree to the changes. It is your responsibility to check this page periodically for updates.

2. Eligibility

To use the Platform, you must meet the following criteria:

Age Requirement: You must be at least 18 years old. By using RoadHarbor, you represent and warrant that you are at least 18 years of age.

Legal Capacity: You must have the legal capacity to enter into a binding contract. By using RoadHarbor, you represent and warrant that you have the right, authority, and capacity to enter into and abide by these Terms.

Compliance with Laws: You must comply with all applicable local, state, national, and international laws, rules, and regulations. By using RoadHarbor, you represent and warrant that your use of our Platform will not violate any laws or regulations applicable to you.

Account Registration: To list a property on RoadHarbor or make a booking, you must create an account. When you create an account, you agree to provide accurate, current, and complete information about yourself as prompted by our registration form. You also agree to update such information to keep it accurate, current, and complete.

Account Security: You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

Restrictions: We reserve the right to refuse access to RoadHarbor to anyone, for any reason, at any time, at our sole discretion. We may suspend or terminate your account and your ability to use RoadHarbor if we believe you have violated these Terms or engaged in any conduct that we determine to be inappropriate or unacceptable.

By using RoadHarbor, you acknowledge and agree that you meet all of the eligibility requirements listed above. If you do not meet these requirements, you must not access or use RoadHarbor

3. Subscription Fees

Fee Structure: Hosts are required to pay a monthly subscription fee to list their properties on RoadHarbor. The subscription fee amount and other information can be found here. By subscribing, you agree to pay the subscription fees specified at the time of your registration. Fees may vary based on the subscription plan selected, the number of properties listed, and other factors as determined by us.

Payment Terms: Subscription fees are billed on the first of every month. You will be charged on a recurring basis on this date each month. Payments are processed through our secure payment gateway, and you must provide a valid payment method at the time of subscription. If your payment method fails, we will attempt to process the payment again. If payment is not received by the first of the month, your account may be suspended until the outstanding balance is paid.

Non-Refundable Payments: All payments are non-refundable, except as otherwise stated by the Hosts or required by law. This includes situations where your account is terminated or suspended by us for violating these Terms.

Payment Method: You are responsible for keeping your payment method information current, complete, and accurate. If your payment method expires or is otherwise invalid, you must update your payment information promptly to avoid interruption of your subscription.

Changes to Fees: We reserve the right to change our subscription fees at any time. Any fee change will become effective at the end of the then-current billing cycle. We will provide Hosts with reasonable prior notice of any change in fees through email or by posting the updated fees on RoadHarbor. If you do not agree to the new fees, you may cancel your subscription before the new fees take effect. Continued use of our platform after the effective date of the fee change constitutes your agreement to the new fees.

Promotional Offers: From time to time, we may offer promotional discounts or other incentives. These promotions are subject to specific terms and conditions, and we reserve the right to modify or discontinue such promotions at any time without notice.

Subscription Cancellation: You may cancel your subscription at any time by providing written notice to us. Cancellation will be effective at the end of the current billing cycle, and you will not be charged for subsequent billing cycles. However, you will not receive a refund for the current billing cycle in which you cancel your subscription.

By subscribing to RoadHarbor, you acknowledge that you have read and understood this Subscription Fees section and agree to its terms.

4. Host Responsibilities

Listing Accuracy: Hosts must provide accurate, up-to-date information about their properties. This includes, but is not limited to, descriptions, photos, amenities, availability, pricing, and location. By providing this information, you represent and warrant that it is truthful and not misleading. You agree to update your listings promptly to reflect any changes to your property or its availability.

Descriptions: Ensure that your property description accurately represents the condition, features, and amenities of your property.
Photos: Photos should be current and provide a true representation of the property's appearance.
Availability: Keep your calendar up-to-date to reflect the actual availability of your property to avoid double bookings and other scheduling conflicts.

Compliance with Laws: Hosts are responsible for ensuring their listings comply with all applicable local, state, national, and international laws and regulations. This includes, but is not limited to, zoning laws, health and safety standards, and tax obligations.

Zoning Laws: Verify that short-term rentals are permitted in your property's location and comply with any zoning restrictions or homeowners' association rules.
Health and Safety Standards: Ensure your property meets all required health and safety standards, including but not limited to, smoke detectors, carbon monoxide detectors, fire extinguishers, and any other safety equipment required by law.
Tax Obligations: You are responsible for determining your tax obligations and remitting any applicable taxes to the appropriate authorities. This includes, but is not limited to, occupancy taxes, value-added taxes (VAT), and income taxes.

Guest Interaction: Hosts are solely responsible for managing interactions with guests. This includes, but is not limited to, booking, communication, and resolving disputes.

Booking: Respond to booking inquiries promptly and confirm bookings in a timely manner. Ensure that the terms of the booking, including the check-in and check-out times, are clearly communicated to the guest.
Communication: Maintain open and professional communication with guests before, during, and after their stay. Address any questions or concerns they may have and provide clear instructions for check-in, check-out, and property use.
Resolving Disputes: Handle any disputes or issues that arise with guests directly. This includes, but is not limited to, property damage, payment disputes, and complaints. We are not responsible for mediating disputes between Hosts and guests.

Property Maintenance: Hosts must ensure their properties are well-maintained, clean, and in good working order before each guest's arrival. This includes regular upkeep of the property and addressing any maintenance issues promptly to avoid disruptions to guests' stays.

Insurance: Hosts are encouraged to obtain appropriate insurance coverage for their properties. This may include homeowners' insurance, liability insurance, and any other relevant policies to protect against potential risks associated with short-term rentals.

House Rules: Hosts may establish house rules for guests to follow during their stay. These rules must be clearly communicated to guests before booking and should be reasonable and enforceable. Examples include rules regarding noise levels, smoking, pets, and maximum occupancy.

By listing a property on our Platform, you acknowledge and agree to fulfil these responsibilities and adhere to these guidelines to ensure a positive experience for both you and your guests.

5. Our Responsibilities

Platform Maintenance: We will use reasonable efforts to maintain RoadHarbor and keep it operational. This includes regular updates, security patches, and bug fixes to ensure a smooth user experience. However, we do not guarantee uninterrupted access to our Platform and are not responsible for any downtime or technical issues that may arise. We may perform scheduled maintenance from time to time, and we will endeavor to provide advance notice of such maintenance to minimize disruptions.

Scheduled Maintenance: We will notify Hosts of any scheduled maintenance periods at least 24 hours in advance. During these times, RoadHarbor may be temporarily unavailable.
Unscheduled Downtime: In the event of unscheduled downtime due to technical issues or emergencies, we will work diligently to restore access to our Platform as quickly as possible.

User Data Protection: We are committed to protecting the privacy and security of Hosts' personal and property data. Our Privacy Policy outlines how we collect, use, and protect your information. We implement appropriate technical and organizational measures to safeguard your data against unauthorized access, alteration, disclosure, or destruction.

Fair Use Policy: We strive to ensure that RoadHarbor is used fairly and appropriately by all users. We monitor our Platform for any misuse, abuse, or violations of these Terms and may take appropriate actions, including but not limited to, issuing warnings, suspending accounts, or terminating access to the Platform.

Continuous Improvement: We are committed to continuously improving RoadHarbor by adding new features, enhancing existing functionalities, and addressing user feedback. We encourage Hosts to provide feedback and suggestions to help us make our Platform better for everyone.

By using RoadHarbor, you acknowledge and agree to our responsibilities as outlined in this section.

6. Content and Intellectual Property

User-Generated Content

License Grant: By uploading, posting, or otherwise providing any content to RoadHarbor, including but not limited to property descriptions, photos, reviews, and profile information ("User Content"), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with the operation of our Platform and our business. This license includes the right to promote and redistribute part or all of our Platform in any media formats and through any media channels.

Ownership and Responsibility: You retain ownership of all User Content you submit to RoadHarbor. You are solely responsible for the accuracy, legality, and appropriateness of the User Content you provide. By submitting User Content, you represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to use and authorize us to use all intellectual property rights in and to such User Content.

Prohibited Content: You agree not to upload, post, or otherwise provide any User Content that:

Infringes on any third party’s intellectual property rights or rights of publicity/privacy.
Contains unlawful, defamatory, obscene, offensive, or otherwise objectionable material.
Promotes discrimination, hatred, or harm against any individual or group.
Contains viruses, malware, or other harmful components.

Moderation and Removal: We reserve the right, but are not obligated, to review, monitor, and remove any User Content at our sole discretion and without notice if we believe it violates these Terms or is otherwise inappropriate. We are not responsible for any failure or delay in removing such content.

Intellectual Property

Platform Ownership: All intellectual property rights in RoadHarbor and its content, excluding User Content, are owned by us or our licensors. This includes, but is not limited to, the design, functionality, and original content of RoadHarbor, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software.

Limited License to Users: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use RoadHarbor for your personal and commercial use in accordance with these Terms. This license does not include any resale or commercial use of RoadHarbor or its contents, any derivative use of our Platform or its contents, or any use of data mining, robots, or similar data gathering and extraction tools.

Trademarks: RoadHarbor, the RoadHarbor logo, and all other trademarks, service marks, graphics, and logos used in connection with the Platform are our trademarks or trademarks of our licensors. You are not granted any right or license to use any of these trademarks.

Feedback: Any feedback, comments, or suggestions you may provide regarding the Platform is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

By using RoadHarbor and providing User Content, you acknowledge and agree to these terms regarding content and intellectual property.

7. Termination

By Hosts

Termination Process: Hosts may terminate their subscription at any time by providing written notice to us via our contact form. The notice must include your account details and the reason for termination.

Effective Date: Termination will be effective at the end of the current billing cycle. You will continue to have access to RoadHarbor until the end of the billing cycle, at which point your account will be deactivated, and you will no longer be able to access or manage your listings.

No Refunds: As stated in the Subscription Fees section, all payments are non-refundable. This means that if you terminate your subscription before the end of the billing cycle, you will not receive a refund for any unused portion of the subscription fee.

Data Retention: Upon termination, we may retain your account information and User Content for a reasonable period of time as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. After this period, your data will be deleted or anonymized.

By Us

Grounds for Termination or Suspension: We may terminate or suspend a Host's access to the Platform at any time, without prior notice, for conduct that we believe, in our sole discretion, violates these Terms or is harmful to other users of RoadHarbor. This includes, but is not limited to:

Breach of any provision of these Terms.
Engaging in fraudulent, abusive, or illegal activities.
Providing false or misleading information.
Receiving multiple complaints from guests.
Failure to comply with applicable laws and regulations.

Notification: In the event of termination or suspension, we will notify you via email, providing the reason for the action taken.

Immediate Effect: Termination or suspension of your account will be effective immediately upon our notice. During suspension, your listings will be removed from our Platform, and you will not be able to access your account or manage your properties.

Appeal Process: If you believe your account has been terminated or suspended in error, you may contact us within 14 days of receiving the termination notice to request a review. We will review your request and notify you of our decision. Our decision on such appeals is final.

Consequences of Termination

Deactivation of Listings: Upon termination of your account, all of your property listings will be deactivated and removed from RoadHarbor.

Outstanding Payments: Any outstanding subscription fees or other amounts owed to us will become immediately due and payable upon termination. You authorize us to charge any outstanding amounts to your registered payment method.

Continued Obligations: Termination of your account does not relieve you of any obligations to fulfill any bookings made prior to the termination. You are required to honour all confirmed bookings or make suitable alternative arrangements with the guests.

By using RoadHarbor, you acknowledge and agree to these terms regarding account termination.

8. Disclaimers and Limitation of Liability

No Warranty

"As Is" Basis: RoadHarbor is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express, implied, or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

No Guarantee of Accuracy: We do not warrant that the information provided on RoadHarbor is accurate, complete, or current. We make no representations or warranties of any kind with respect to User Content or other content available through the Platform.

Functionality and Availability: We do not warrant that RoadHarbor will meet your requirements, that the operation of our Platform will be uninterrupted or error-free, that defects will be corrected, or that our Platform or the servers that make it available are free of viruses or other harmful components. Any material downloaded or otherwise obtained through the use of RoadHarbor is done at your own discretion and risk.

External Links: RoadHarbor may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. By using our Platform, you expressly relieve us from any and all liability arising from your use of any third-party website or services.

Limitation of Liability

Exclusion of Certain Types of Damages: To the maximum extent permitted by applicable law, in no event shall we, our affiliates, directors, officers, employees, agents, partners, suppliers, or content providers be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your use of or inability to use our Platform; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Platform; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through RoadHarbor by any third party; (e) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through our Platform; and/or (f) the defamatory, offensive, or illegal conduct of any third party.

Basis of the Bargain: You acknowledge and agree that the disclaimers, exclusions, and limitations of liability set forth in these Terms are fundamental elements of the basis of the agreement between you and us. RoadHarbor would not be provided without such disclaimers, exclusions, and limitations of liability.

Jurisdictional Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by applicable law.

By using RoadHarbor, you acknowledge and agree to these disclaimers and limitations of liability.

9. Indemnification

General Indemnification

Hosts agree to indemnify, defend, and hold harmless RoadHarbor, its affiliates, and their respective officers, directors, employees, and agents (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, expenses, or demands, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

Your Use of RoadHarbor: Any activities you engage in through our Platform, including, but not limited to, listing properties, interacting with guests, or otherwise utilizing the services provided by our Platform.
Violation of Terms: Any breach or violation by you of these Terms or any applicable laws, regulations, or third-party rights.
User Content: Any claim that your User Content infringes, misappropriates, or otherwise violates any intellectual property rights, privacy rights, or other rights of a third party.
Property-Related Issues: Any issues, incidents, or disputes arising from or related to the condition, legality, safety, or suitability of the properties you list on RoadHarbor.
Guest Interactions: Any claims arising from or related to your interactions with guests, including but not limited to, disputes, cancellations, property damage, or personal injuries.

Procedure for Indemnification

Notice of Claim: The Indemnified Parties will promptly notify you of any claim, demand, or action covered by this indemnity, but any failure to notify you will not relieve you of your obligations under this indemnity except to the extent that you are materially prejudiced thereby.

Defence and Settlement: You will have the right, at your own expense, to assume the defence and control of any claim, demand, or action, provided that you will not settle any claim, demand, or action without the prior written consent of the Indemnified Parties, which will not be unreasonably withheld. The Indemnified Parties may, at their own expense, participate in the defense of such claim, demand, or action with counsel of their own choosing.

Cooperation: You agree to cooperate as fully as reasonably required in the defence of any claim, demand, or action. The Indemnified Parties will reasonably cooperate with you in the defence of any such claims.

Scope of Indemnification

The indemnification obligations under this section shall survive the termination of these Terms and your use of RoadHarbor. You acknowledge and agree that your indemnification obligations are essential to the agreement and allocation of risk under these Terms, and you expressly agree that these obligations shall be binding upon your successors, assigns, and representatives.

By using RoadHarbor, you acknowledge and agree to these indemnification obligations.

10. Governing Law

Applicable Law

These Terms, and any disputes related thereto, shall be governed by and construed in accordance with the laws of Your State/Country, without regard to its conflict of law principles. This means that the laws of Your State/Country will govern any legal issues or disputes arising from your use of RoadHarbor, regardless of where you are located or where the dispute arises.

Jurisdiction and Venue

Exclusive Jurisdiction: You agree that any legal action or proceeding arising out of or related to these Terms or your use of RoadHarbor shall be instituted exclusively in the courts of Your State/Country. You consent to the exclusive jurisdiction of such courts and waive any objections to the jurisdiction, venue, or convenience of the forum.

Legal Proceedings: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or the use of RoadHarbor must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Dispute Resolution

Negotiation: Before initiating any legal action, the parties shall first attempt to resolve the dispute through informal negotiation. If the dispute is not resolved within thirty (30) days of written notice of the dispute, either party may proceed to legal action.

Mediation and Arbitration: In the event of a dispute, the parties may agree to seek resolution through mediation or arbitration as an alternative to litigation. The parties agree to share the costs of mediation or arbitration equally, but each party shall bear its own legal fees and expenses.

International Use

Those who choose to access RoadHarbor from other locations do so at their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible and the remaining provisions of these Terms shall remain in full force and effect.

By using RoadHarbor, you acknowledge and agree to these governing law provisions.

11. Changes to Terms

Right to Modify

We reserve the right to modify, update, or change these Terms at any time, at our sole discretion. Any such modifications will be effective immediately upon posting the updated Terms on RoadHarbor. It is your responsibility to review these Terms periodically for any changes. Your continued use of our Platform after the posting of changes will constitute your acceptance of and agreement to the revised Terms.

Notification of Changes

Methods of Notification: We may notify you of changes to these Terms in several ways, including but not limited to sending an email to the email address associated with your account.

Timing of Changes: In certain cases, especially if changes are significant, we will provide advance notice before the changes take effect. However, minor changes that do not significantly alter your rights or obligations may be made without prior notice.

User Acknowledgment and Agreement

By continuing to use RoadHarbor after the changes to these Terms are posted, you acknowledge that you have read, understood, and agree to the revised Terms. If you do not agree to the new Terms, you must cease using RoadHarbor immediately. We encourage you to review these Terms regularly to stay informed about your rights and responsibilities as a user of RoadHarbor.

Material Changes

In the event of material changes to these Terms, we will provide you with a more prominent notice as required by applicable law. A "material change" may include changes to key terms such as payment structures, user obligations, and dispute resolution processes. We will define what constitutes a material change based on the nature of the modification and its impact on users.

Opt-Out Option

If you disagree with the changes to the Terms, you may opt-out by ceasing to use RoadHarbor and closing your account. Please follow the instructions provided in the notice of changes or contact us for assistance in opting out. Please note that any ongoing obligations you have under the previous version of the Terms, such as fulfilling existing bookings, will still apply.

By using RoadHarbor, you agree to be bound by the most current version of these Terms.