Host and Keep, LLC TERMS AND CONDITIONS OF USE

Welcome to  www.hostandkeep.com This Website is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

1. Agreement. This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of www.hostandkeep.com (the "Website") and describe the terms and conditions applicable to your access and use of the Website. This Agreement may be modified at any time by the agents of Host and Keep, LLC upon posting of the modified Agreement. Modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.hostandkeep.com. Each use by you shall constitute  your unconditional acceptance of this Agreement.

2. Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at www.hostandkeep.com.

3. Ownership. All content included on this website is and shall continue to be the property of Host and Keep, LLC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website.

4. Intended Audience. This Website is intended for adults only. This Website is not intended for any children under the age of 18.

5. Intellectual Property. All site content is deemed to be the intellectual property of Host and Keep, LLC or its affiliates.

6. Website Use. Host and Keep, LLC grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any law. The use of this Website is at the discretion of Host and Keep, LLC, which may terminate your use of this Website at any time.

7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

8. Indemnification. You agree to indemnify, defend and hold Host and Keep, LLC and  its partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of this Website.

9. Disclaimer. The information on this Website is provided on an "as is," "as available" basis. Use of this Website is at your sole risk. Host and Keep, LLC disclaims all warranties, including but not limited express, statutory, and implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of this Website shall be to discontinue using it..

10. Limitation of Liability. Under no circumstances will Host and Keep, LLC be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to the  Website, your Website use, or the content, even if advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Website and/or content is to cease all  use of it.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, exclusions or limitations in this Agreement that directly conflict with such laws may not apply. 

11. Use of Information. www.hostandkeep.com reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

12. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide notice to us immediately.

13. Applicable Law. The laws of the State of Florida, without regard to conflicts of law provisions will govern these Terms and Condition of Use and any dispute that may arise from them.

14. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

15. Waiver. The failure of Host and Keep, LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.  Any waiver of this Agreement by must be in writing and signed by an authorized representative of Host and Keep, LLC.

16. Termination. Host and Keep, LLC may terminate this Agreement at any time, with or without notice, for any reason.

17. Relationship of the Parties.  Nothing contained in this Agreement or your use of the Website shall be construed to constitute either party as a partner, joint venture, employee or agent of the other party, nor shall either party hold itself out as such.  Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

18. Entire Agreement. This Terms of Use constitutes the entire agreement between you and Host and Keep, LLC and governs the terms and conditions of your use of the Website and supersedes all prior or contemporaneous communications and proposals. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Website. Host and Keep, LLC may revise this Terms of Use at any time by updating this Agreement and posting it on the Website.  Accordingly, you should visit the Website and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this Website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments.

19. Testimonials. With your consent we may post your testimonials, feedback, and other comments regarding the Services along with your name. If you want your testimonial removed please contact us at Hello@hostandkeep.com

www.hostandkeep.com  PRIVACY POLICY

Thank you for using our Website. This statement discloses the privacy policy for www.hostandkeep.com (the “Website”). 

We have adopted this Privacy Policy to further the relationship between us and our subscribers. This statement of our Privacy Policy makes disclosures concerning our collection of information, including personal information, when you use the Website, and how we use and disclose it to others. By using the Website, you accept the practices described in this Privacy Policy.

Information We Collect. We collect personal and non-personal information when you provide it to us in the course of using our Website and from other sources. The personal information that we may collect includes your name, mailing address, phone number, email address, credit card number, and financial information. The non-personal information that we may collect includes your browser type, the URL of the previous website you visited, your ISP, operating system, and your Internet protocol (IP) Address. The non-personal information is not used by us to personally identify you and is not readily usable for that purpose.

When you subscribe to our service or otherwise make a purchase through our Website, we will collect your name, mailing address, telephone number, credit card number, email address, and other information that we request during the registration process.

In addition, if you communicate with us regarding the Website or any of our services or products, we collect any information that you provide to us during our communication.

Host & Keep SMS Service:
Welcome to our SMS service! When you opt-in, you can expect to receive messages from us related to your property bookings, reservation updates, and occasional offers.
Cancellation of SMS Messages:
You have the freedom to cancel our SMS service at any time. If you wish to stop receiving our messages, text "STOP" to our number. Once you send "STOP," we'll confirm your unsubscription with a follow-up SMS, ensuring you won't receive further messages from us. If you change your mind later, you can re-subscribe by signing up as you did initially.
Help with SMS Messages:
If you're experiencing any issues with our messaging program or need assistance, we're here to help. You can reply with "HELP" for more information, contact our support team at escalations@hostandkeep.com, or call our number at (305) 912-9073.
Carrier Issue with SMS Messages:
As you know, carriers are not responsible for delayed or undelivered messages.
Fees of SMS Messages:
Be aware that message and data rates may apply to any messages. Our message frequency will be two to four times per reservation. Please don't hesitate to contact your wireless provider if you have any questions about your text or data plan.
Privacy Policy for SMS Messages:
Your privacy is important to us. If you have any questions, please review our privacy policy at Host & Keep Privacy Policy.

We may use analytic and reporting technologies to record non-personal information such as Internet domain and host names, Internet protocol (IP) addresses, browser software, operating system types, click patterns, and the dates and times that you access the Website and our services. We may in contract with a third party to help us manage, monitor and optimize our Website and measure the effectiveness of our advertising, communications and use of the Website. We may use web beacons and cookies (described below) for this purpose.

Our Use of Information for Internal Purpose. We use your personal information primarily for our own internal purposes, such as providing, maintaining, evaluating, and improving our Website and the products and services we offer and sell, to collect credit card payments for subscription fees and other purchases you make, and to provide customer support.

We use the non-personal information we collect to track the use of the Website and to assist us in providing, maintaining, evaluating, and improving our Website and the services and products we offer and sell.

Our Disclosure of Personal Information to Third Parties. We will disclose your personal information to protect or enforce our legal rights and policies, to protect or enforce the legal rights of a third party, or as we in good faith believe we are required to do so by law (such as to comply with a subpoena or court order, for example).

We may contract with various third parties who help us provide, maintain and improve the Website and the services we provide and the services and products we offer and sell and such third parties may have access to your personal information in order to perform their services. For example, we use a third party to process payments made to us, and may subcontract our production, fulfillment, analytics, reporting or other operations. We may contract with third party contractors to help us manage, monitor and optimize our Website and the services and products we offer and sell. We may also use third party contractors to help us measure the effectiveness of our advertising and communications. We will enter into confidentiality and non-disclosure agreements with all third parties that have access to your personal information which will prohibit them from using or disclosing your personal information except for the purpose of providing services to use. We intend to take commercially reasonable steps to enforce such non-disclosure and confidentiality agreements if and when we become aware of any violations.

Our Disclosure of Non-Personal Information to Third Parties. We may disclose non-personal Information, in aggregate form, to potential strategic partners, advertisers, investors, customers, and others. You may not opt-out of the sharing of this information.

Our Use of Cookies and Web Beacons. A cookie is a small file placed on the hard drive of your computer. Most websites use cookies. We will use cookies to track your use of the Website and the services and products we offer and sell, provide you with a more personalized user experience and to facilitate your logging in to the Website. A web beacon is an often-transparent graphic image, usually no larger than a 1x1 pixel that is placed on a web page or in an e-mail that is used to monitor the behavior of the user visiting the Website or receiving the e-mail. Cookies and web beacons used by us will not be linked to your personal information.

How We Protect Your Personal Information. We consider protecting the security of your personal information as very important. When you enter sensitive information such as a credit card number and/or social security number on our registration or order forms, we encrypt that information using secure socket layer technology (sometimes referred to as “SSL”).

We follow generally accepted industry standards to protect personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we do not guarantee absolute security. We are not responsible for the unauthorized acts of others and we assume no liability for any disclosure of information due to errors in transmission, unauthorized third party access (such as through hacking) or other acts of third parties, or acts or omissions beyond our reasonable control.

Reviewing and Changing Your Personal Information. You may obtain a copy of and request that we correct errors in your personal information by emailing us. If you do desire to obtain a copy of your personal information, you will be required to provide proof of your identity. If your personal information changes or if you no longer want to subscribe to or use the Website, you may correct, update or deactivate your personal information and your account through the account management screen. If you wish to deactivate or terminate your subscription you may also contact Customer Service.

Application of Privacy Policy You Access Third Party Websites. You will be able to access third party websites directly from the Website. This Privacy Policy does not apply when you access third party websites. We cannot control how third parties may use personal information you disclose to them, so you should carefully review the privacy policy of any third-party website you visit before using it or disclosing your personal information to its provider.

Children’s Privacy. . It is unlikely that children under the age of 18 will use the Website or purchase the services or products we offer. Accordingly, we will not knowingly collect or use any personal information from children that we know to be under the age of 17. In addition, we will delete any information in our database that we know originates from a child under the age of 18.

Opting-Out from Receiving Communications from www.hostandkeep.com. You may opt-out from having your personal information used for certain purposes. For example, if you purchase a product or service but do not wish to receive any additional marketing material from us, you may indicate your preference on our order form. If you no longer wish to receive any promotional or other communications from us, you may opt-out by following the instructions included in each email communication or by emailing us.

Changes in Privacy Policy. This Privacy Policy is subject to change from time to time. We will notify you by email or on our Website whenever there is a change in our Privacy Policy. 

The date of this version of our Privacy Policy is January.1, 2023.