All content on the Site and otherwise available through the Service, including User Content, designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of Desklinq. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, reverse engineered, decompiled, disassembled or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms of Use.
Users may access and use the Service and the Site Content and download or print a reasonable number of copies of portions of the Site Content to which the User has properly gained access (a) solely for the User's personal, non-commercial use, or (b) solely for the purpose of referring third parties to the Service or for compiling a collection of Space listings via the Service (a “Collection”), provided in each case that the User maintains all Desklinq copyright or other proprietary notices on all copies of such Site Content.
Except for your own User Content or for use in a Collection, you may not publish or otherwise distribute Site Content, including via the Internet or any intranet or extranet site, or incorporate the Site Content in any other database or compilation (other than in a Collection). You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Site Content. Any use of the Site or the Site Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the Service and the Site Content granted herein. All rights of Desklinq or its licensors that are not expressly granted in these Terms of Use are reserved to Desklinq and its licensors.
You may be able to display certain information on designated portions of the Site or otherwise through the Service regarding You or Your company or organization including, if You are a Host, Your Space (a "Profile"). Your Profile will display to other Users certain of Your Registration Data and other content about You or Your company or your organization including, if You are a Host, Your Space, that you upload or otherwise provide to Desklinq for use in Your Profile (collectively the "Profile Content").
You agree to provide accurate and current information in Your Profile and to promptly update the Profile Content to keep it accurate and current.
You are solely responsible for the Profile Content, messages, notes, text, information, offerings, images, links, and any other content that you upload, publish, display, or otherwise provide to Desklinq for display (hereinafter, "post") on or through the Service, or transmit to or share with other Users or to third parties via the Service (collectively, "User Content"). You may not post, transmit, or distribute User Content that you did not create or that you do not have permission to post.
For Site and Application curating purposes, you agree that Desklinq may edit the Host Profile content, and supplement or replace Profile images. Before doing so, Desklinq will request permission at the Host’s contact email in your profile, which permission may not be unreasonably denied or delayed. Desklinq will not post, transmit, or distribute User Content that Desklinq did not create or that Desklinq does not have permission to post.
You understand and agree that Desklinq may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that Desklinq believes violates these Terms of Use. Desklinq has no backup or storage obligations regarding User Content. You are solely responsible at Your sole cost and expense for creating backup copies and replacing any User Content You post or store on the Site or provide to Desklinq.
Desklinq does not verify the accuracy, completeness, reliability, or authenticity of any User Content, including any Space descriptions or Space availability information provided by Hosts, and makes no representations or warranties with respect to any User Content.
When You post User Content to the Site, you grant to Desklinq an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute such User Content. Subject to the rights granted to Us in these Terms of Use, You retain ownership of your User Content.
"Desklinq" is a trademark of Desklinq Corporation "Desklinq", and together with the other graphics, logos, designs, page headers, button icons, scripts and service names on the Site are the trademarks or trade dress of Desklinq in the U.S. and other countries ("Desklinq Marks"). You may not use the Desklinq Marks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that Desklinq endorses any product or service. You may not reproduce or use the Desklinq Marks without the prior written permission of Desklinq.
You agree not to do any of the following in connection with Your use of the Service and to otherwise use the Service in compliance with these Terms of Use.
use automated scripts to collect information from or otherwise interact with the Service;
use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Service;
impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from Desklinq;
upload, post, transmit, distribute or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other prohibited form of solicitation;
interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
upload, post, transmit, distribute or otherwise make available any material which does or may infringe any copyright, trade mark or other intellectual property rights of any other person;
upload, post, transmit, distribute or otherwise make available any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;
use or attempt to use another's account, service or system without authorization from Desklinq, or create a false identity on the Service;
use the Service in a manner that may create a conflict of interest or undermine the purposes of the Service, such as trading reviews with other Users or writing or soliciting shill reviews;
use the Service in a manner that violates any law (including the CAN-SPAM Act of 2003) or otherwise conduct illegal activities in connection with your use of the service
upload, post, transmit, distribute, store or otherwise make available any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of Desklinq, is objectionable or which restricts or inhibits any other person from using the Site, or which may expose Desklinq or its users to any harm or liability of any type.
You may not use the Service in any situation where failure or fault of any kind of the Service could lead to death or serious bodily injury of any person, or to physical or environmental damage ("High Risk Use"). High Risk Use is STRICTLY PROHIBITED, and Desklinq expressly disclaims any liability that may result from Your High Risk Use of the Service or any Space, to the extent permitted under applicable law. High Risk Use includes, for example, the following: aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class III medical devices under the Federal Food, Drug and Cosmetic Act.
The Site may contain (or You may be sent through the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Desklinq. If you decide to leave the Site and access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that, with respect to Third Party Sites, our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Subject to the terms of these Terms of Use, Desklinq grants you a non-transferable, non-exclusive license to download, install and use one copy of the Application in object code form only on a mobile device that you own or control.
You may not derive or attempt to derive the source code of all or any portion of the Application, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Application or any part thereof.
Desklinq and its licensors own and shall retain all intellectual property rights and other rights in and to the Application, and any changes, modifications or corrections thereto.
The following terms and conditions apply to you only if you are using an Application from the Apple App Store or Google Play. To the extent the other terms and conditions of these Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to an Application from the Apple App Store and Google Play. You acknowledge and agree that these Terms of Use are solely between you and Desklinq, not Apple or Google, and that Apple and Google have no responsibility for the Application or content thereof. Your use of the Application must comply with the App Store and Google Play Terms of Service. You acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple and Google, and Apple and Google may refund the purchase price, if any, for the Application to you; to the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use. You and Desklinq acknowledge that Apple and Google are not responsible for addressing any claims of you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Desklinq acknowledge that, in the event of any third party claim that the Application or your possession and use of that Application infringes that third party's intellectual property rights, Desklinq, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You must comply with applicable third party terms of agreement when using the Application. You and Desklinq acknowledge and agree that Apple and Google, and Apple's and Google’s subsidiaries, are third party beneficiaries of these Terms of Use as they relate to your license of the Application, and that, upon your acceptance of the Terms of Use, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.
Desklinq respects the intellectual property rights of others and expects Users of the Service to do the same. Desklinq complies with the federal Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office Website at http://www.copyright.gov/legis.... We will respond to notices of alleged copyright infringement that comply with the DMCA and other applicable law and are properly provided to us.
If you believe that any User Content has been copied or used in a way that constitutes copyright infringement, please provide us with the following information:
a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; identification of the copyrighted work claimed to have been infringed;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
your contact information, including your address, telephone number, and an email address;
a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. If you believe that your User Content that was removed after we received a notice of copyright infringement is not actually infringing, or that you have the necessary rights to post your User Content, please send us a counter-notice containing the following information: your physical or electronic signature (with your full legal name);
identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled; a statement that you have a good faith belief, under penalty of perjury, that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided the original notification of the alleged infringement.
If we receive a counter-notice, we may send a copy of the counter-notice to the person alleging copyright infringement and inform that person that we may replace the removed User Content in ten business days. Unless the original person alleging copyright infringement files an action seeking a court order against the User Content Host, member or User, the removed User Content may be replaced, in 10 to 14 business days or more after receipt of the counter-notice, at Desklinq’s sole discretion.
Filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.
We reserve the right to remove User Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Desklinq may also terminate a User's account if the User is determined to be a repeat infringer.
Desklinq is not responsible or liable in any manner for any User Content or Third Party Content posted on the Site or displayed in connection with the Service, including but not limited to the accuracy of any Space descriptions, Space availability information, Host material, or Guest information. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or distribute on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. Desklinq is not responsible for the conduct, whether online or offline, of any User, including any Guest's non-compliance with any terms, conditions and policies relating to the use of any Space. The Service may be temporarily unavailable from time to time for maintenance or other reasons. Desklinq shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, User communications or any other content made available via the Service. Under no circumstances will Desklinq be responsible for any personal injury or death resulting from the use of the Service, any User Content or Third Party Content, or any use of Spaces, products or services provided by Users.
DESKLINQ PROVIDES THE SERVICE, INCLUDING ALL CONTENT THEREIN, TO HOSTS AND GUESTS "AS IS," “WHERE IS,” AND “AS AVAILABLE.” EXCEPT AS MAY BE EXPRESSLY PROVIDED HEREIN, DESKLINQ AND ITS SUPPLIERS DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND THE SPACES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. DESKLINQ CANNOT GUARANTEE AND DOES NOT PROMISE TO HOSTS AND GUESTS, AND HOSTS CANNOT GUARANTEE AND DO NOT PROMISE TO GUESTS, ANY SPECIFIC RESULTS FROM USE OF THE SERVICE OR A SPACE. DESKLINQ FURTHER CANNOT GUARANTEE THAT THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. USER’S USE OF THE SERVICE IS SOLELY AT USER’S OWN RISK. IN NO EVENT WILL DESKLINQ BE LIABLE FOR LOSS OF ANY OF YOUR CONTENT OR OTHER DATA.
YOU AGREE THAT DESKLINQ HAS NO SPECIAL RELATIONSHIP WITH, OR FIDUCIARY DUTY TO YOU. YOU ACKNOWLEDGE THAT DESKLINQ HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING: (I) WHICH INDIVIDUALS, COMPANIES OR OTHER ENTITIES GAIN ACCESS TO OR USE THE SERVICE; (II) THE CONTENT THAT YOU MAY ACCESS VIA THE SERVICE; (III) THE EFFECT THE CONTENT MAY HAVE ON YOU; (IV) HOW YOU OR OTHER INDIVIDUALS MAY INTERPRET OR USE THE CONTENT; OR (V) THE ACTIONS YOU OR OTHER USERS OR PROVIDERS MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT. THE SERVICE MAY CONTAIN, OR MAY CONTAIN LINKS TO SERVICES CONTAINING, INFORMATION THAT SOME PEOPLE MAY FIND OFFENSIVE OR INAPPROPRIATE.
WITHOUT LIMITING THE FOREGOING, DESKLINQ DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; DESKLINQ DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY SPACE RESERVATION WILL MEET YOUR REQUIREMENTS; THAT ANY SPACE MEETS APPLICABLE LEGAL STANDARDS AND IS SAFE AND SUITABLE FOR YOUR INTENDED USE; AND DESKLINQ DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USER’S USE OF THE SERVICE IS SOLELY AT USER’S OWN RISK. IN NO EVENT WILL DESKLINQ BE LIABLE FOR LOSS OF ANY OF YOUR CONTENT OR OTHER DATA.
THE DISCLAIMERS SET FORTH ABOVE IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SOME STATES MAY NOT ALLOW LIMITATIONS ON CERTAIN WARRANTIES OR HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR MAY BE LIMITED BY ACTION OF LAW. IN SUCH EVENT, YOU AGREE THAT THE DESKLINQ’ LIABILITY WILL BE THE LOWEST LIABILITY ALLOWABLE UNDER APPLICABLE LAW.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): DESKLINQ MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICE OR ANY WEBSITE LINKED TO THE SERVICE. DESKLINQ WILL NOT BE LIABLE FOR THE PRIVACY OF EMAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT STORED ON DESKLINQ’S EQUIPMENT, TRANSMITTED OVER NETWORKS ACCESSED BY THE SERVICE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SERVICE.
IN NO EVENT WILL DESKLINQ OR ITS SUPPLIERS, OR THEIR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE SERVICE, ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, OR A GUEST'S USE OF A SPACE, EVEN IF DESKLINQ IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DESKLINQ BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS OR DISPUTES BETWEEN A GUEST AND A HOST. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DESKLINQ’S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DESKLINQ FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Company not Responsible for Actions of Providers or Third Parties; Waiver
Desklinq shall not be liable to You or any third party for any claim or liability of any kind that arises from Users’ interactions with any Hosts or with any other third party organizations and/or individuals found on or through the Service. This includes, but is not limited to, any claim or liability arising from or associated with: The ability of Users to access a Host’s facilities; the conditions at or the use of a Host’s facilities; any services, food, or other aspects or features of a Host’s facilities; the delivery of goods and services in general, the content or subject matter found on the Service or any website, and any other terms, conditions, warranties or representations associated with listings on the Service. In addition, Desklinq shall not be liable for any damage or loss of any kind caused by Users when such Users access or use any Space or associated facilities.
You understand that Desklinq is not a Host, and that Desklinq is not responsible for the quality or security of Space(s) or services provided by Hosts. By using the Service and/or by accessing any Space(s) You acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns that you are aware of, and that You expressly assume, any and all of the risks associated with using the Service and accessing Space(s), which may include, but are not limited to, property damage, illness and bodily injury or death. Hosts, not Desklinq, are responsible for maintaining applicable ADA compliance and update their ADA status on their profile hosted within Desklinq’s Service platform.
Users agree that their sole recourse for any loss, damage, harm or claim (collectively, “Claim”) as described in the previous paragraph will be against the applicable Host(s) or applicable third party(s), and hereby waive any recourse against the Desklinq for such Claims.
Hosts agree that their sole recourse for any Claim of any kind caused by or arising from Users’ access to or use of Spaces (or Host’s facilities in general) will be against such User(s) or applicable third party(s); and further, Hosts hereby waive any recourse against Desklinq for any such Claims.
Desklinq is and will be under no obligation to become involved in disputes between Users and Hosts or other third parties. In the event of a dispute of any kind that arises between a User and a Host or other third party (including but not limited to claims based on business losses, damage to individuals or property, personal injury, and any other loss, damage or claim), You hereby waive and release Desklinq, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Desklinq’s Website(s) and/or Service.
AS A CONDITION OF THE USE OF THE SERVICE, YOU, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS DESKLINQ, ITS PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL RESPONSIBILITY FOR ANY CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES OF ANY KIND THAT MAY ARISE OUT OF OR IN ANY WAY ARE RELATED TO YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THOSE ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH, DESKLINQ'S ROLE AS A LIMITED COLLECTION AGENT ON BEHALF OF HOST.
Desklinq may terminate or suspend your account or ability to use the Service, in whole or in part, without notice in the event that (i) you violate these Terms of Use, the Space License Agreement (including any applicable House Rules) or violate any other rules that govern the use of the Service, (ii) your conduct may harm Desklinq or others or cause Desklinq or others to incur liability, (iii) you receive negative feedback from other Users, or (iv) as otherwise determined by Desklinq in its sole discretion. If we terminate or suspend your account or ability to use the Service, (a) any pending or accepted future reservations as either Guest or Host will be immediately terminated; (b) we may communicate to your Guests or Hosts that such reservations have been canceled; (c) for Hosts, we may refund your Guests in full for any and all confirmed reservations; and (d) you will not be entitled to any compensation for reservations that were canceled as a result of a suspension or termination of your account.
Desklinq may modify the Service, and all content, software and other items used or contained in the Service, at any time. References on the Service to any companies, organizations, products, or services, or other information do not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Desklinq.
Hosts may terminate their Desklinq account at any time by providing Desklinq with notice of termination via email sent to hello@desklinq.com. Your access to, use of, or participation in the Service, including any content therein, may be prevented by Desklinq at any time after your termination of your account. Notwithstanding anything herein to the contrary, upon termination of your account, Desklinq will remove your Profile and cease displaying your Profile Content, including your Space listings if you are a Host and your Collections, on or through the Service.
Guests may terminate this Agreement at any time by deleting the Application from your device, ceasing all use of the Service and requesting Desklinq to cancel your Membership or account via email sent to hello@desklinq.com.
Governing Law; Arbitration
THIS SECTION INCLUDES AN ARBITRATION AGREEMENT AND AN AGREEMENT THAT ALL CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY (AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING). PLEASE READ IT CAREFULLY. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT OUT PROCEDURE DESCRIBED BELOW.
Informal Process First
You agree that if you have any dispute with Desklinq relating in any way to these Terms of Use or from access to or use of the Service, you will first contact us and attempt to resolve the dispute with us informally.
Arbitration (“Arbitration Agreement”)
If we are unable to resolve the dispute informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of, in connection with or relating to these Terms of Use by binding arbitration. If you are an individual you may opt out of this Arbitration Agreement within 30 days of the first of the date you access or use the Service by following the procedure described below.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolved by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Desklinq are each waiving the right to a trial by jury or to participate in a class action, to the maximum extent permitted by law. This Arbitration Agreement will survive any termination of these Terms of Use.
If you intend to seek arbitration, after following the informal dispute resolution procedure, you must first send written notice to Desklinq of your intent to arbitrate (“Notice”). The Notice to Desklinq should be sent by emailing the Notice to hello@desklinq.com.
The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. The arbitration will be administered by the International Institute for Conflict Prevention and Resolution (“CPR”) under the CPR Rules for Administered Arbitration by a single arbitrator. The arbitration will be conducted in the County of Cook, State of Illinois, United States.
Each party will be responsible for paying any CPR, administrative and arbitrator fees (other than the initial filing fees) in accordance with CPR Rules, except that Desklinq will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Nothing in this Arbitration Agreement shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Service.
If you do not want to arbitrate disputes with Desklinq and you are an individual, you may opt out of this Arbitration Agreement by sending an email to: hello@desklinq.com within 30 days of the first of the date you access or use the Service.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS GUEST IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND DESKLINQ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then the entirety of this Arbitration Agreement will be null and void.
If for any reason a claim proceeds in court rather than in arbitration, the dispute will be governed exclusively and irrevocably by the laws of the State of Illinois and the FAA without regard to or application of its conflict of law provisions or your state or country of residence, and will be brought solely in the federal or state courts located in Cook County, Illinois, United States. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
You agree to indemnify and hold Desklinq harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of, related to, or in connection with any User Content you post or distribute on or through the Service, your use of or participation in the Service, your interactions with other Users of the Service, and any violation of these Terms of Use, the Space License Agreement, the Host Terms or of any law or the rights of any third party. Desklinq reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with Desklinq in asserting any available defenses and will remain financially responsible for such liability.
These Terms of Use, the Host Terms, and the Privacy Policy constitute the entire agreement between you and Desklinq regarding the use of the Service and supersede any prior agreements between you and Desklinq relating to your use of the Service. The failure of Desklinq to exercise or enforce any right or provision of these Terms of Use, or the Host Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use or the Host Terms is determined to be unlawful, void or for any reason unenforceable, such determination shall not affect the validity and enforceability of any of the remaining provisions. You may not assign, transfer or delegate in any manner these Terms of Use or the Host Terms or the rights and obligations hereunder or thereunder to any third party.
Accessing the Service is prohibited from territories where such content of service is illegal. If You access the Service from other locations, You do so at Your own initiative and risk and are responsible for compliance with local laws. Access and use of the Service is limited to the United States.
By using the Service, You consent to receive from Desklinq reasonable communications including notices, agreements, legally required disclosures or other information in connection with the Service (collectively, "Contract Notices") electronically. Desklinq may provide such electronic Contract Notices by posting them on the Service. If You desire to withdraw Your consent to receive Contract Notices electronically, You must discontinue Your use of the Service.
This Agreement between You and Desklinq with respect to the Service supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Desklinq with respect to the Service. If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Desklinq shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Desklinq’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including ‘line-noise’ interference). The terms of the Agreement are personal to You, and are not assignable, transferable or sublicensable by You except with Desklinq's prior written consent. Desklinq may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Agreement and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. No forbearance or failure by Desklinq to enforce any right hereunder shall be deemed a waiver thereof or an amendment to this Agreement. No action by a Host or statement by any person other than the President of Desklinq shall operate to amend the terms of this Agreement. To the extent there is an inconsistency between the Terms of Service and the Privacy Policy, the Terms of Service shall govern.
