LAST UPDATED: June 3rd, 2022
These are the terms and conditions that make your experience as easy and secure as possible. If you have any questions about them, send us a note at info@tinyhouse.com
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OVERVIEW
This website is operated by Tinyhouse.com - Throughout the site, the terms “we”, “us” and “our” “Tinyhouse.com” refer to Tinyhouse.com. Tinyhouse.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
YOU SHOULD CAREFULLY READ THESE TERMS. By accessing, browsing, or otherwise using the Site, you are creating a binding contract between you and us, and you are acknowledging that you have read, understood, and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service.
You can review the most current version of the Terms of Service at any time on this page. We may make changes to the Site or these terms at any time. Any modifications will be effective when the changes are posted to the Site. You can review the most current version of these terms at any time by accessing the section of the Site labeled [Terms of Use], and you can determine when this Privacy Policy was last revised by referring to the “Last Updated” legend at the top of these terms. You are expected to check these terms from time to time to take notice of any changes. You understand and agree that your continued access to or use of the Site after any posted modification to these terms indicates your acceptance of the modification, even if you did not take the time to read the modification.
The information provided by Tinyhouse.com and on Tinyhouse.com and any event or article hosted or written by Tinyhouse.com is presented for informational purposes only, is an opinion, and is not intended to recommend any investment, and is not an offer to sell or the solicitation of an offer to purchase an interest in any current or future investment vehicle managed or sponsored by Tinyhouse.com or its affiliates. All material presented in by Tinyhouse.com is not to be regarded as investment advice, but for general informational purposes only. Day trading and investing does involve risk, so caution must always be utilized. We cannot guarantee profits or freedom from loss. You assume the entire cost and risk. You are solely responsible for making your own investment decisions. We recommend consulting with a registered investment advisor, broker-dealer, and/or financial advisor. If you choose to invest with or without seeking advice from such an advisor or entity, then any consequences resulting from your investments are your sole responsibility. Reading and using Tinyhouse.com or using our content on the web/server, or participating in our events, you are indicating your consent and agreement to our disclaimer.
The Tinyhouse.com Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer accommodations (“Accommodations”), activities, excursions, and events (“Experiences”), and a variety of travel and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). You must register an account to access and use many features of the Tinyhouse.com Platform, and must keep your account information accurate. As the provider of the Tinyhouse.com Platform, Tinyhouse.com does not own, control, offer or manage any Listings or Host Services. Tinyhouse.com is not a party to the contracts concluded directly between Hosts and Guests, nor is Tinyhouse.com a real estate broker or insurer. Tinyhouse.com is not acting as an agent in any capacity for any Member.
We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by the Tinyhouse.com payment entities ("Tinyhouse.com Payments").
If you are a Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services.
Homes for nightly rent on the Tinyhouse.com Platform are often located in very rural, mostly undeveloped plots of land in the woods and/or suburbs, or campgrounds or recreation land. Guests are completely responsible for their own safety and for having basic wilderness survival skills (e.g. do not approach wild animals, do not leave food out, etc.). Tinyhouse.com is not liable for bodily injury (including death) or damage to personal property, including vehicles, due to exposure to inclement weather or rural, rugged settings. By booking a Tinyhouse.com Unit, guests recognize and accept this responsibility and affirm they have these general skills.
In addition, while people enjoy our Hosts homes for their secluded settings, their homes and facilities are shared by all guests. Although our Hosts do their best to keep all facilities safe and clean, including enhanced cleaning procedures to address COVID-19, Tinyhouse.com is not liable for illness that may result in whole or in part from the use of our facilities. Guests are expected to observe prevailing CDC recommendations during their stay (including social distancing) and take other appropriate steps to maintain their health. By booking a Tinyhouse.com, guests recognize and accept that responsibility for their physical health and informing themselves of such protocols is fully their own.
Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation, Experience or other Host Service. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived, and (ii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Tinyhouse.com Platform and any Content, including your stay at any Accommodation, participation in any Experience, use of any other Host Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it is suitable for you. For example, Host 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 Host Services.
A Tinyhouse.com is booked upon receipt of the booking payment. This payment should be made by credit card through the Tinyhouse.com website. Your booking is not confirmed until Tinyhouse.com receives the payment and you have received the confirmation email. This confirmation email contains booking details, contact details, and other arrival and departure instructions. Furthermore, the guest will receive an email one week before check-in regarding the exact location of the Tinyhouse.com. One day before your check-in date, Tinyhouse.com may run a $1 authorization charge to the card used for your booking. If the charge is not authorized, you will be contacted by email to update your payment method.
Bookings may include a nightly service fee, plus applicable tax (“Service Fee”). Reservations without a Service Fee will be governed by the Tinyhouse.com Provisions terms described below.
Promotions, offers, discount coupons, vouchers, or codes may not be applied to the Service Fee, unless the terms for such promotion, offer or discount explicitly allow for it. This means that when you book a stay, you will not be eligible for an additional discount on the Service Fee on that booking unless specifically stated in the terms of the discount.
Bookings made with the Service Fee are subject to all cancellation and early departure policies and fees, and other payment terms as applicable.
We may change the Service Fee at any time, with or without notice, including the pricing and associated benefits, and cancellation terms. We may communicate these changes to you by email, and any changes will be posted in an update to these terms.
The Service Fee has no predetermined end date and may continue until terminated by Tinyhouse.com, which may happen at any time at Tinyhouse.com’s discretion, with or without notice.
Tinyhouse.com offers the purchase of gift cards through our Site only. The gift card includes a code that may be used to book a Tinyhouse.com stay in any available cabin of the recipient’s choosing. All gift card purchases are final sale and do not expire. Gift cards cannot be applied to Tinyhouse.com Often Packs or to purchase a different gift card.
Maximum stays are determined and set by each host and will vary from listing to listing.
Cancellations and changes to your booking can be made through your Tinyhouse.com account. In the event of cancellation of a fully paid booking, there is a cancellation charge corresponding to the number of days it was made, prior to the day of arrival: At least 15 days prior = no cancellation charge (full refund). 8-14 days prior = cancellation charge equals 50% of the total booking amount (partial refund). 7 or less days prior = cancellation charge equals 100% of the total amount paid (no refund). In the event that the guest changes the dates, it will be considered a new booking and will be subject to the standard cancellation procedures. If, after receipt of the confirmation email, a host is unable to provide the guest with the property that they booked or a property with similar or better characteristics, the guest will be refunded or credited subject to the following conditions: 100% of the total booking amount.
Please note that by booking a home on Tinyhouse.com and accepting these terms, guests agree that they are liable for any damages caused by themselves or their accompanying party.
Guests are expected familiarize themselves with Tinyhouse.com’s policies and the corresponding host’s policies, and get in touch with our team if they have any questions before check-in. We will prepare each cabin for check-in and can be prepared to help with arrival. Each confirmation email states contact information for Tinyhouse.com, should guests need it.
Although Check-In is determined by each Host, most accommodations will be available for check-in at 3:00 PM. If guests arrive for check-in after 10:00 PM, please get in touch with your host and note that quiet hours are in effect. Guests may be subject to a fee for loud disturbances during quiet hours.
Guests should leave the accommodations in a good manner and before or at 11:00 AM. Leaving after 11:00 AM without prior authorization will be penalized. If guests need to leave the location at a later time, please contact your Host prior to arrival and ask if this is possible. We try to meet guest requests, but cannot guarantee late checkouts.
On the day of departure guests should leave the cabin clean and tidy, and lock the door after making sure that they have all their personal belongings. The security code may then be changed remotely for the next guest. Tinyhouse.com or Hosts are not responsible for returning any personal belongings left behind after check-out.
We understand things get left behind; however, Tinyhouse.com is not responsible for lost or stolen items left on property. It is the guests' responsibility to ensure all personal belongings are collected upon check-out. Contact your Host if you have left something behind.
The Homes will be cleaned prior to each arrival. Before leaving, the guest is obliged to leave the Home in perfect conditions, i.e. all waste should be correctly disposed of and the Home tidied. If not, they may be subject to an additional cleaning charge.
Safety and ensuring a good experience for all of our guests is important to us. We ask that guests never leave a campfire unattended and to never leave food and/or trash outside. We also ask that guests don't play music outside of their cabins and to avoid yelling or making unnecessary noise. Violations are subject to a $100 charge, donated to local conservation groups.
Guests should inform Tinyhouse.com and their Hosts of the number of guests in the booking. Only those persons indicated in the booking made by the client may enter the tiny house, unless an alternative agreement has been reached with the Host. The number of guests using the Tinyhouse.com should not exceed the number assigned to each tiny house, except for in the case of infants under the age of two. No tents are allowed.
Individuals booking a reservation on behalf of a client are encouraged to use the contact information of their client and otherwise assume the responsibility of relaying all reservation instructions and details to their client.
All guests staying in a home listed on Tinyhouse.com must be 18 years of age or older, unless accompanied by a parent or legal guardian. Guests are required to use a credit card in their own name in order to book a cabin.
No illegal substances or underage drinking are permitted in the Hosts homes or on the Hosts property. Tinyhouse.com will not be held responsible for underage drinking, and violations of this policy will result in immediate expulsion from the Hosts premises without refund, and the involvement of law enforcement.
Pets are subject to the Hosts Policies.
Unruly, disruptive and destructive behavior and criminal activity is prohibited. Guests in any Home listed on Tinyhouse.com should be aware that if loud music is played or a party is held, and the neighbors complain and/or police are called, they may be immediately removed from the tiny house regardless of the time, day or night.
Weapons of any kind are not allowed on Hosts property. This includes, but is not limited to: standard firearms, air guns, deterrent devices such as tasers or pepper spray, ammunition of any kind, and imitation firearms.
Internet services are provided by Hosts. Check with Hosts of the property or home you are booking to ensure adequate wifi or internet services for your stay.
Smoking, including the use of e-cigarettes, is not permitted inside the cabins and must be done at a minimum distance of 25 feet from all buildings. Litter is not permitted on the land and guests must clean up all cigarette butts. Guest will be fined a fee of $150 for each night that the homes is unable to be occupied after stay if said guest is found smoking within the Hosts homes.
All equipment and facilities are provided at the discretion of Hosts and every attempt is made to ensure that such equipment is in working order for the duration of the rental period. Should a breakdown or some other situation occur that renders a non-essential element unusable, Tinyhouse.com does not take responsibility for replacing or refunding the guest for the lack of use of these equipment or facilities. The equipment and facilities referred to include (but are not exclusive to) such items as stove, toilet, and sink. The guest must report any inoperative or defective equipment to their Host and Tinyhouse.com promptly. The Hosts will make every reasonable effort to have repairs made as soon as possible. While every attempt will be made to ensure that all the advertised equipment and appliances are in working order at the commencement of a rental period, no reduction of rent, rebate, or refund will be issued for a mechanical failure of any appliances.
Most homes for rent on Tinyhouse.com are placed on plots of land where wildlife may be present. When booking a cabin, the guest agrees to take appropriate safety measures to prevent negative interactions with wildlife in the area. This includes, but is not limited to, not engaging with wild animals, keeping food out of reach, keeping the site clean, and securing all personal items. Wood ticks, mosquitos, and other insects may also be present at the site – all guests are expected to take necessary steps of precaution against these insects. Guests are also not permitted to harm the land or the natural habitat of any wildlife in any way. Tinyhouse.com is not liable for any personal injury due to wildlife or insects.
Rules
All guests agree to read and abide by all rules specific to their booking, which may vary by each Hosts Listing and location. These rules must be read and agreed to before check-in. If rules are not abided by, Hosts and/or Tinyhouse.com reserves the right to ask guests to leave the property and pay for any necessary damages as a result of the guests’ disregard for these rules.
By booking a Tinyhouse.com, guests also agree to subscribe and receive our newsletter. Guests may unsubscribe at any time.
Tinyhouse.com shall not be responsible for any direct or indirect damages caused to the any Home listed on Tinyhouse.com as consequence of use. This includes damages, insurance, loss due to fire, theft, and misconduct.
In the event that a guest fails to comply with any terms applicable to their booking and/or stay, the Hosts and/or Tinyhouse.com reserves the right to ask the guest to leave the unit and property, and the guest in question shall not be entitled to any form of compensation. Upon booking any property with Tinyhouse.com guests automatically accept our terms, which we expect them to comply with.
GOVERNING LAW, CHOICE OF FORUM, JURY AND CLASS ACTION WAIVER
Please read the following section carefully, because it limits the manner in which you can seek relief from us.
The laws of the State of Oregon (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these terms, including, without limitation, their validity, interpretation, construction, performance, and enforcement, or otherwise arising out of or relating to your booking or stay with us. All legal proceedings arising out of or in connection with these terms, your booking, or stay, shall be brought solely in Portland, Oregon. YOU AND WE HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS.
FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED.
In the event you breach or threaten breach of these terms or any other Tinyhouse.com policies, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision above, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.
Host. As a Host, Tinyhouse.com offers you the opportunity to share your Accommodation, Experience, or other Host Service with our vibrant community of Guests - and earn money doing it. It’s easy to create a Listing and you are in control of how you host - set your price, availability, and rules for each Listing.
Contracting with Guests. When you accept a booking request, or receive a booking confirmation through the Tinyhouse.com Platform, you are entering into a contract directly with the Guest, and are responsible for delivering your Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees (and applicable taxes) for each booking. Tinyhouse.com Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Guests must: (i) be consistent with these Terms, our policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
Typical Host Fees range from 5% - 12%
Independence of Hosts. Your relationship with Tinyhouse.com is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Tinyhouse.com, except that Tinyhouse.com Payments acts as a payment collection agent as described in the Payments Terms. Tinyhouse.com does not direct or control your Host Service, and you agree that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.
Managing Your Listing.
Creating and Managing Your Listing. The Tinyhouse.com Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, other charges like cleaning fees, resort fees, security deposits, and any rules or requirements that apply to your Guests or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per Accommodation, but may have multiple Listings for a single property if it has multiple places to stay.
Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms. If you have questions about how local laws apply you should always seek legal advice.
Search Ranking. The ranking of Listings in search results on the Tinyhouse.com Platform depends on a variety of factors, including these main parameters:
Search results may appear different on our mobile application than they appear on our website. Tinyhouse.com may allow Hosts to promote their Listings in search or elsewhere on the Tinyhouse.com Platform by paying an additional fee.
Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Tinyhouse.com Platform. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Tinyhouse.com Platform in violation of our policies.
Hosting as a Team or Organization. If you work with a co-host or host as part of a team, business, or other organization, the entity and each individual who participates in providing Host Services is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Tinyhouse.com to transfer a portion of your payout to a co-host or other Hosts, or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
Your Assumption of Risk. You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Tinyhouse.com Platform, offering Host Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Tinyhouse.com Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by Tinyhouse.com.
Cancellations, Travel Issues, and Booking Modifications.
Cancellations and Travel Issues. In general, if a Guest cancels a reservation, the amount paid to you is determined by the cancellation policy that applies to that reservation. As a host, you should not cancel on a Guest without a valid reason with extenuating circumstance or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and/or other consequences. If: (i) a Guest experiences a Travel Issue, (ii) an extenuating circumstance arises, or (iii) a reservation is cancelled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Tinyhouse.com exceeds your payout, Tinyhouse.com (via Tinyhouse.com Payments) may recover that amount from you, including by offsetting the refund against your future payouts. You agree that Tinyhouse.com’s our Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that reservation until a refund decision is made.
Booking Modifications. Hosts and Guests are responsible for any Booking Modifications they agree to make via the Tinyhouse.com Platform or direct Tinyhouse.com customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
Taxes.
Host Taxes. As a host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes ("Taxes").
Collection and Remittance by Tinyhouse.com. In jurisdictions where Tinyhouse.com facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize Tinyhouse.com to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Tinyhouse.com are identified to Members on their transaction records, as applicable. Tinyhouse.com may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by Tinyhouse.com is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Tinyhouse.com may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting by you, our Guests, and/or their organizations.
Tinyhouse.com shall not be responsible for any direct or indirect damages caused to the any Home listed on Tinyhouse.com as consequence of use. This includes damages, insurance, loss due to fire, theft, and misconduct.
In the event that a guest fails to comply with any terms applicable to their booking and/or stay, the Hosts and/or Tinyhouse.com reserves the right to ask the guest to leave the unit and property, and the guest in question shall not be entitled to any form of compensation. Upon booking any property with Tinyhouse.com guests automatically accept our terms, which we expect them to comply with.
GOVERNING LAW, CHOICE OF FORUM, JURY AND CLASS ACTION WAIVER
Please read the following section carefully, because it limits the manner in which you can seek relief from us.
The laws of the State of Oregon (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these terms, including, without limitation, their validity, interpretation, construction, performance, and enforcement, or otherwise arising out of or relating to your booking or stay with us. All legal proceedings arising out of or in connection with these terms, your booking, or stay, shall be brought solely in Portland, Oregon. YOU AND WE HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS.
FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED.
In the event you breach or threaten breach of these terms or any other Tinyhouse.com policies, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision above, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Tinyhouse.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Tinyhouse.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER IN CONNECTION WITH YOUR USE OF OR ACCESS TO THIS WEB SITE, THE PRODUCTS, THE SERVICES, THE CONTENT, THE MARKS OR ANY THIRD PARTY SITES, AND IN PARTICULAR THE COMPANY SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, MULTIPLIED, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF, OR RELATED TO, THIS WEB SITE OR ANY OTHER WEB SITE OF THE COMPANY OR THE CONTENT, PRODUCTS OR SERVICES CONTAINED THEREIN, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SECTION 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Oregon, USA.
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - ACCESSIBILITIY
Tinyhouse.com is committed to making our website accessible for all customers, including those with disabilities. Consistent with this goal, we have taken a number of steps to enhance our site and increase its usability by those who access the web using assistive technology. Our efforts are guided by the Web Content Accessibility Guidelines, version 2.1, Level AA (WCAG 2.1 AA). We will continue to enhance our digital properties to deliver accessible experiences. If you experience difficulty accessing our website content, you may share feedback and get assistance from our Customer Support associates at support@tinyhouse.com or call 503-406-8551
SECTION 22 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@tinyhouse.com