Terms of Use
Overview

This website is operated by Stay4free. Throughout the site, the terms “we”, “us” and “our” refer to Stay4free. Stay4free 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.

By visiting our site and/ or joining as a member, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms of Use”, “Terms” ), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, members, 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 website 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 reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

The Stay4free website provides an online home-exchange platform that allows members to list their homes and arrange home-exchanges with other members. Users that have not signed up have the ability to browse, search, and view the home listings and associated user profiles. Be aware that search engines, such as Google and Bing, also have access to the same parts of the website that unregistered users have access to.

General terms

By agreeing to these Terms of Service, you represent that you are at least 18 years old.

You may not use our services 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 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. Up termination, paying members will not be refunded under any circumstance.

General conditions

Although rarely, if ever, used we reserve the right to refuse service to anyone for any reason at any time.

You understand that your uploaded 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 not stored on the Stay4free website and is always encrypted (using SSL) 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.

Accuracy, completeness, and timeliness of information

We are not responsible if content or information made available on this site is not accurate, complete or current. This applies to information created by us as well as content created by our members. The material on this site is provided "as is" and is for general information only. It should not be relied upon or used as the sole basis for making decisions about home exchange. Any reliance on the material on this site is at your own risk.

Prices for our services 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.

Services

We reserve the right, but are not obligated, to limit the sale of our Service 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 services that we offer. All descriptions of services or service are subject to change at any time without notice, at the sole discretion of Stay4free. We reserve the right to discontinue any service at any time. Any offer for any service made on this site is void where prohibited.

We do not warrant that the quality of our services or information obtained by you will meet your expectations, or that any errors in the Service will immediately be corrected.

Accuracy of billing and account information

Although rarely, if ever, used we reserve the right to refuse any membership order you place with us. 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 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.

You agree to provide current, complete and accurate account information for all orders made at our site. You agree to promptly update your account and other information, including your email address so that we can complete your transactions and contact you as needed.

Optional tools

We may provide you with access to third-party tools which we don't monitor and have no control over. An example of such a tool is Google maps.

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.

Membership

All Stay4free membership plans include a free 2-week trial period. When signing up for the service, the web site requests that you enter credit card information. This will ensure that all members are serious about home swapping which creates a more reliable and effective home-swapping community. Your card will not be charged during the 2-week trial period. You can cancel at any time during that period simply by contacting us.

Once the trial period has passed, we will charge your credit card for an annual payment according to the plan you selected. As a convenience, annual subscriptions will automatically renew until 1) the card expires, or 2) until we receive notice of cancellation of the service from you.

Once payments have been made, no refunds are given, under any circumstance. At any time during your membership you can cancel membership and/or have us close the account by contacting us.

Member data, messages, feedback and other submissions

By establishing an account, members provide information about themselves and their home(s). This includes textual information as well as profile photos and photos of their homes, neighborhood, family, activities, vacations, cars, or anything else that will enhance their home listing with the website. Other information that is submitted to Stay4free includes messages, comments, suggestions, ideas, emails, postal mail, and member reviews (collectively 'information').

By submitting this data you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any information that you forward to us. We are and shall be under no obligation (1) to maintain any information in confidence; (2) to pay compensation for any information; or (3) to respond to any information or comments. Please see the next section how we deal with personal information.

Stay4feee may but has no obligation to monitor, edit or remove content and information that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. We may also edit, adjust, and enhance content, information, and/or photos posted by members if we determine this would enhance or improve the quality of the listing. Furthermore, we may edit, modify, and make enhancements to a member's listing when this would improve the ranking on Stay4free search results or enhance search engine optimization (SEO) and search engine positioning (Google, Bing, etc.).

You agree that the content provided or uploaded is yours and not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your content 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 information or comments. You are solely responsible for any information or comments you make and their accuracy. We take no responsibility and assume no liability for any content posted by you or any third-party.

Stay4free may randomly monitor messages and pings sent to other members. To maintain a welcoming environment it is important that our members are treated friendly and with respect. When detected or notified, inappropriate or offensive messages will be edited or removed.

Personal information

Your submission of personal information through the site is governed by our Privacy Policy (also available on this site).

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.

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 Stay4free, 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 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.

Because this is a home-exchange site, we urge all members to do their own due diligence in determining the trustworthiness of their exchange partners as well as check with their home, car, or umbrella insurance policies to determine their risk exposure with respect to the home exchange.

Indemnification

You agree to indemnify, defend and hold harmless Stay4free 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.

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.

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).

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.

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 Texas, USA.

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.

Contact information

For any questions related to our Term of Use policy, please contact us.