Alcove Terms and Conditions
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      Alcove Terms of Service

      Terms of Use

      The following terms and conditions govern all use of the www.alcoverooms.com website (the “Site”) and all of the services available at the website (taken together, the “Service”).  The Service is owned and operated by LivingLab, Inc. (“Alcove”).  The Service is offered subject to acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Alcove or otherwise communicated to you electronically (collectively, the “Agreement”).

      The Service is available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity.  If you do not so qualify, do not attempt to register for or use the Service.  Alcove may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.

      IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICE.  BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE, DOWNLOADING ANY MATERIALS OR COMPLETING THE REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY THIS AGREEMENT.


      • ARBITRATION AND CLASS ACTION WAIVER

      WE HAVE CERTAIN REQUIREMENTS THAT YOU AGREE TO ARBITRATE DISPUTES YOU MAY HAVE WITH US – AND WAIVE RIGHTS TO BRING CLASS ACTION LAWSUITS. PLEASE SEE SECTION 18 (“DISPUTE RESOLUTION”) BELOW FOR MORE INFORMATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF ENTERING THIS AGREEMENT.


      • Scope

      The Site is an online venue where (i) landlords (“Homeowners”) can publish and offer listings (“Listings”)   in their rentals (“Homes”) and (ii) tenants (“Housemates”) can lease such Homes. This Agreement applies to Housemates, Homeowners, and anyone else accessing the Service (collectively, “Members”). 

      • ACKNOWLEDGEMENT

      ALL MEMBERS ACKNOWLEDGES THAT ALCOVE DOE NOT OWN, CONTROL, OFFER, MANAGE, VET, VERIFY, WARRANTY, OR GUARANTEE (I) ANY LISTINGS OR THEIR APPLICABLE HOMES, OR (II) OTHER MEMBERS.

      • Policies

      Your use of the Service is subject to any additional terms, conditions and policies set out by Alcove on the Site (collectively, “Policies”). To the extent such Policies conflict with this Agreement, such Policies shall control. Policies include, without limitation, the following: Payment Policy, Early Lease Termination Policy, Rent Collection Policy, as well as any other policies found on our policy page.

      • Modifications

      Alcove reserves the right, at its sole discretion, to modify or replace any provision of this Agreement (for clarity, including any Policies) at any time.  It is your responsibility to check this Agreement periodically for changes.  Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.


      • Housemate Terms

      The terms in this Section 5 apply to Housemates.

      Leasing. When you lease a Home via the Service, you are agreeing to pay all charges for your lease including the Home price, applicable fees like Alcove’s service fee, application fees, move-in fees, offline fees, taxes, and any other items identified during the application process (collectively, “Total Price”). When you receive notice that a Homeowner has approved your lease application, you will be required to execute a lease agreement for the Home with the Homeowner (“Lease Agreement”). The Lease Agreement will be executable via the Site. The Lease Agreement is and agreement solely between the applicable Housemate and Homeowner. Alcove is not a party thereto (but Alcove is a third party beneficiary such that it may enforce the Lease Agreement against Housemate or Homeowner as it deems appropriate). 

      In addition to this Agreement, you will be subject to, and responsible for complying with (i) all terms of the Lease Agreement and (ii) Alcove’s cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during lease signing process that apply to the lease. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to leasing a home

      Lease. A Home lease is a limited license to enter, occupy, and use the premise as stated in your lease agreement. The Homeowner retains the right to re-enter the Home during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your Lease Agreement, and (iii) consistent with applicable law. If you stay past your move-out date, the Homeowner has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties and filing for summary ejectment (Eviction proceedings). You may not exceed the maximum number of allowed Housemates/invitees.

      Lease termination. In general, if as a Housemate you cancel a lease, the amount refunded to you is determined by the early lease termination policy that applies. 

      Lease Modifications. Housemates and Homeowners are responsible for any lease modifications they agree to make via the Service or Alcove’s customer service to make on their behalf ("Lease Modifications"), and agree to pay any additional amounts, fees, or taxes associated with any Lease Modification.

      ASSUMPTION OF RISK: You acknowledge and agree that: 

      • You are fully 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 Home. For example, this means: (i) you are responsible for leaving a Home (and related personal property) in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable amounts necessary to cover damage that you, your Housemate(s), or your pet(s) cause to a Home, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. 
      • If you bring a minor to a Home, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
      • Alcove does not verify, validate, certificate, warranty, or guarantee any information or content posted by Homeowners on the Service.

      • Homeowner Terms

      The terms in this Section 6 apply to Homeowners.

      Homeowner. As a Homeowner, Alcove offers you the right to use the Service to rent your Home to groups of Housemates - and earn money doing it. It’s easy to create a Listing and you are in control of how you lease your home out - set your price, update marketing materials and rules, and accept applicants for each Listing.

      Contracting with Housemates. When you accept a lease request, or receive a lease confirmation through the Alcove Platform, you are entering into a contract directly with the Housemate, and are responsible for delivering your Homeowner Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Alcove’s service fee, lease termination fees (and applicable taxes) for each lease. Alcove 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 Housemates must: (i) be consistent with this Agreement, our  Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.

      Independence of Homeowners. Your relationship with Alcove is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Alcove. 

      Creating and Managing Your Listing. The Alcove 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 Homeowner Service, your price, other charges and any rules or requirements that apply to your Housemates or Listing. You are responsible for keeping your Listing information and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Homeowner Services and suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per Home, but may have multiple Listings for a single property if it has multiple legally divided units.  

      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 Homeowner 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 Homeowners to register, get a permit, or obtain a license before providing certain Homeowner 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 Homeowner Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Housemates who stay at your Home. Some jurisdictions have laws that create tenancy rights for Housemates and additional obligations for Homeowners. 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 Homeowner 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 Housemates and others in compliance with applicable privacy laws and this Agreement, including our Homeowner Privacy Standards. 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 Alcove Platform depends on a variety of factors, including these main parameters:

      • Housemate search parameters (e.g. number of Housemates, time and duration of the trip, price range),
      • Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Homeowner Service, Homeowner status, age of the Listing, average Housemate popularity),
      • Housemate lease experience (e.g. customer service and cancellation history of the Homeowner, ease of lease),
      • Homeowner requirements (e.g. minimum or maximum nights, lease cut-off time), and
      • Housemate preferences (e.g. previous trips, saved Listings, location from where the Housemate is searching).

      Search results may appear different on our mobile application than they appear on our website. Alcove may allow Homeowners to promote their Listings in search or elsewhere on the Alcove Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any), and how we identify promoted Content can be found in our Help Center.

      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 Homeowner 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 Alcove Platform except those expressly authorized by our Offline Fee Policy. Do not encourage Housemates to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Alcove Platform in violation of our Off-Platform Policy.

      Your Assumption of Risk. You acknowledge that leasing carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Service, the provision of your Home to any Housemate, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Service and any laws, rules, regulations, or obligations that may be applicable to your Listings and that you are not relying upon any statement of law made by Alcove.

      Lease termination. In general, if a Housemate cancels a lease, the amount paid to you is determined by Alcove’s early lease termination policy. As a homeowner, you should not cancel on a Housemate without a valid reason. If you cancel on a Housemate, we may impose a Failure To Deliver fee and other consequences. If a lease is canceled as authorized by this Agreement, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Housemate, and by any other reasonable costs we incur as a result of the cancellation. If a Housemate receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Alcove exceeds your payout, Alcove (via Alcove Payments) may recover that amount from you, including by offsetting the refund against your future payouts. You agree that this Agreement preempt the cancellation policy you set in situations where they allow for the cancellation of a lease and/or the issuance of refunds to Housemates. If we reasonably expect to provide a refund to a Housemate under one of these policies, we may delay release of any payout for that lease until a refund decision is made.

      Lease Modifications. Homeowners and Housemates are responsible for any Lease Modifications they agree to make via the Alcove Platform or direct Alcove customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Lease Modification.

      Homeowner Taxes. As a homeowner, 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").

      • Registration and Your Customer Record

      As a condition to using the Service, you may be required to register with Alcove and select a password and a user ID (“User ID”).  Your User ID and password, together with any other contact information you provide become your “Customer Record.”  You must provide Alcove with accurate, complete, and updated registration information.  Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account.  You must ensure that your account with Alcove contains (at all times) a valid email address.  In addition, you shall not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene.  Alcove reserves the right to refuse registration of, or cancel a User ID in its sole discretion.  You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Alcove password.  You shall never use another user’s account without such other user’s express permission. You shall never transfer or assign your account to any third party.  You will immediately notify Alcove of any unauthorized use of your account, or other account-related security breach of which you are aware (such notification must be sent by you to support@alcoverooms.com

      • Restrictions 

       As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited this Agreement, or any other purpose not reasonably intended by Alcove.  You agree to abide by all applicable local, state, national and international laws and regulations.

      By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data or other information) using any communications service or other service available on or through the Service, that:

      • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, profane or which otherwise violates this Agreement;
      • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party;
      • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
      • imposes an unreasonable or disproportionately large load on Alcove’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
      • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Alcove or any third party; or
      • harvests or collects any information from the Site; or
      • impersonates any person or entity, including any employee or representative of Alcove.

      Alcove may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform strictly with any provision of this section.


      • Payment

      All fees will be as set out in our Payment Policy. Housemates must pay all amounts when due. Late fees and other penalties may be charged in accordance with the Payment Policy and/or the Lease Agreement. Housemates must ensure that payment details (such as credit card or bank account information) are accurate and up-to-date at all times. Housemate hereby authorizes Alcove (or its payment processor) to charge Housemate’s payment account when amounts are owed.


      • Off-Site Communications

      As a Homeowner, if a Housemate has engaged you via the Service, you must not attempt to circumvent the fees payable to Alcove by trying to offer to lease the Home to the Housemate outside of the Service.  Offers of this nature circumvent Alcove’s fee structure and are a potential fraud risk for Housemates and Homeowners.  Some examples of off-Site offers include: 

      • Entering personal contact information, such as website addresses, fax numbers, phone numbers or email addresses, in any part of the Site in a manner that may allow a Housemate to contact you outside of the Site, unless the contact information is directly provided by Alcove or the support team. 
      • Requesting that a Housemate pay for the Home outside of the Service. 

      As a Housemate, you agree that you shall not engage in any activity that induces a Homeowner to take any action prohibited by this Section (such as by offering to pay a Homeowner outside of the payment mechanisms of the Service).

      • Reviews

      Housemates and Homeowners may have an opportunity to review each other via the Service. Your review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our any of our Policies. Reviews are not verified by Alcove for accuracy and may be incorrect or misleading.

      • Feedback

      You acknowledge that a key component and integrity of the Service is the ability of Housemates and Homeowners to leave feedback about each other and about Homes (whether positive, neutral or negative) and for other Members to read and evaluate those feedback reviews and make voluntary choices based upon that feedback.  Therefore:

      • As a Member, you agree to only provide truthful and fair feedback.  You also agree to not accept any payment or other consideration in exchange for influencing your feedback (such as, accepting payment from a Homeowner in exchange for providing positive feedback with respect to any Home).
      • As a Homeowner, you agree that you shall not (and shall not attempt to): (A) improperly influence the feedback of any Housemate in any manner; (B) post, cut and paste, and/or copy the content of Housemate feedback review from the Site to your personal or business website, to any third party website, and/or on any of personal, business, or third party marketing materials (regardless of the form); or (C) post or attempt to post, in any manner or by any means, a feedback review of your own services.

      • Links on the Site 

      From time to time, we may, with permission from the site owner, decide to link to websites that we determine may be of interest to our visitors.  These websites may offer educational, governmental or other resources or may be owned or controlled by other third parties. 

      We are not responsible for the content, information, products, or services of any linked site, any link(s) contained in any linked site, or any changes or updates to the information contained in such sites.  Alcove provides links to third party sites only as a convenience and the inclusion of any such link on the Site does not imply Alcove’s endorsement of either the site, the organization operating such site, or any products or services of that organization.  A visit to any site or page from the Site via any such link is done entirely at your own risk.

      Under no circumstances will Alcove be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with the use of, or reliance on, any content, goods or services available on any other site. 

      • E-Mail Confirmations and Alerts 

      Alcove may from time to time provide automatic e-mail confirmations and account-related alerts.  Confirmation e-mails and alerts are active by default as part of the Service.  Alcove may add new alerts from time to time or cease to provide certain alerts at any time upon its sole discretion. 

      Confirmations and alerts will be sent to the email address you have provided as your primary email address for the Service.  If your email address changes, you are responsible for informing us of that change.  Because such electronic communications are usually not encrypted, we will never include your password or any other personally identifying information or request that you reply to such communications to provide any personally identifying information. 

      You understand and agree that any confirmations and alerts provided to you through the Service may be delayed or prevented by a variety of factors.  Alcove does its best to provide alerts in a timely manner with accurate information.  However, we neither guarantee the delivery nor the accuracy of the content of any confirmation or alert.  You also agree that Alcove shall not be liable for any delays, failure to deliver, or misdirected delivery of any confirmation or alert; for any errors in the content of a confirmation or alert; or for any actions taken or not taken by you or any third party in reliance on a confirmation or alert. 

      • Disclaimer of Warranties 

      THE SERVICE (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE) ARE PROVIDED "AS IS" AND "AS AVAILABLE".  THE SERVICE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED.  FOR CLARITY, THIS MEANS THAT ALCOVE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE NATURE, QUALITY, CONDITIONS, OR SAFETY OF ANY ACCOMODATION THAT YOU (AS A HOUSEMATE) MAY LEASE THROUGH USE OF THE SERVICE. AND IF YOU ARE A HOMEOWNER, ALCOVER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CREDIT WORTHINESS OF ANY HOUSEMATES. ALCOVE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION OR CONTENT (INCLUDING PHOTOS) PROVIDED BY ANY MEMBERS. SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS OF WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

      • Limitations on Liability 

      IN NO EVENT SHALL ALCOVE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE FOR ANY: (I) LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10.00 (U.S.).  THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. ALCOVE WILL HAVE NO LIABILITY WITH RESPECT TO THE NATURE, QUALITY, CONDITIONS, OR SAFETY OF ANY ACCOMODATION THAT YOU (AS A HOUSEMATE) MAY LEASE THROUGH USE OF THE SERVICE. AND IF YOU ARE A HOMEOWNER, YOU UNDERSTAND AND AGREE THAT ALCOVE HAS NO RESPONSIBILITY OR LIABILITY FOR A HOUSEMATE’S FAILURE TO PAY YOU FOR ACCOMODATIONS.  SOME STATES DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

      • Indemnification 

      You shall indemnify and hold harmless Alcove and its officers, directors, shareholders, and employees, from and against all claims, actions, demands, liabilities, damages, losses, penalties, fines, settlement, costs and expenses, including but not limited to attorneys’ fees and court costs, in whole or in part arising out of or attributable to (i) whether you are a Housemate, Homeowner, or other Member of the Service, any breach of this Agreement or a Lease Agreement (or any law or regulation) by you, (ii) if you are a Housemate, any damage or injury caused to the Home, the Homeowner, or any other persons or property on, at, or in the Home by you or any of your Housemates or invitees, or (iii) if you are a Homeowner, any damage or injury caused to the Housemate or any of their property by you or any of your Housemates or invitees.  The foregoing indemnity obligations to not, in any way, limit your responsibility for Damages Claims pursuant to Section 19 below. Alcove reserves the right, at its own expense, 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 Alcove in asserting any available defenses.

      • Damage Claims

      If a Member provides valid evidence that you, your Housemate(s), your guest(s), or your pet(s) damaged the complaining Member’s real or personal property, or real or personal property the complaining Member is responsible for, including consequential damages, ("Damage Claim"), the complaining Member can notify Alcove and/or seek compensation through submitting a support ticket. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Alcove and Alcove determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, Alcove can (but is not obligated to) collect the amount of the Damage Claim from you by billing your payment account on file with Alcove. You agree that Alcove may seek to recover from you under any insurance policies you maintain and that Alcove may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information Alcove requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of any Home.

      FOR CLARITY, ALCOVE HAS NO OBLIGATION OR RESPONSIBILITY TO HELP RESOLVE, MEDIATE, OR COLLECT WITH RESPECT TO ANY DAMAGE CLAIM. ANY HELP FROM ALCOVE IS IN ITS SOLE DISCRETION.


      • Termination

      Alcove may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately.  If you wish to terminate your account, you may simply discontinue using the Service.  All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

      • Disputes with Other Users

      You agree that Alcove is not responsible for any complaints you may have with other Members.  A Lease Agreement is solely a contract be the applicable Housemate and Homeowner (i.e. Alcove is not a party to any such arrangement). The Service is simply a means of helping one Housemates and Homeowners find each other. Alcove is not a lessor or any real property hereunder. Alcove is not the agent of either Housemates or Homeowners. As such, Alcove will not act as an agent to any Housemates or Homeowners in connection with resolving any disputes between such participants related to or arising out of any transaction conducted via the Site or the Services.  If you have a dispute with one or more users of the Site or Service, you release Alcove (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.  If you are a California resident, you waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”  To the extent Alcove assists in the resolution of any dispute between any Housemate and Homeowner, such assistance is only a courtesy and, therefore, you acknowledge that Alcove shall not be liable or otherwise responsible with respect to such dispute (or the resolution thereof).

      • Privacy

      Alcove's current privacy policy is available at https://alcoverooms.squarespace.com/iframe-privacy-policy (the “Privacy Policy”), which is incorporated by this reference.  Alcove strongly recommends that you review the Privacy Policy closely.


      • Dispute Resolution

      Let's Try To Work It Out.  Ideally, if you have any concerns or complaint against Alcove, we would like to resolve the issue without resorting to formal court or arbitration proceedings. Therefore, before filing a claim against Alcove, you agree to try to resolve the dispute informally by contacting us as set forth in Section 18 above. Alcove will attempt to resolve the dispute informally (and will contact you via email). If a dispute is not resolved within thirty (30) days of submission, you may bring a formal proceeding.


      Arbitration. Any disputes that are not settled informally as contemplated above shall be settled by binding arbitration in accordance with the rules and procedures (“Rules”) of the American Arbitration Association (“AAA”). The Rules will be AAA’s Consumer Arbitration Rules if available. Arbitration shall be conducted by one (1) arbitrator selected in accordance with the Rules.  In the event any telephonic or other streamlined procedures are available – they will be used. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court.   The arbitration proceeding shall take place in San Francisco, California using the English language.  Notwithstanding the foregoing, either party may bring claims for equitable or injunctive relief before a court (see the “Going to Court” section below) at any time. 


      Process.  A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the Rules, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Alcove at: LivingLab Inc., P.O. Box 2048, Durham, NC 27702 (Attn: Arbitration). In the event we initiate arbitration against you, we will send a copy of the completed form to the email address or physical address we have on file.


      Evidence. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents we and you submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the Rules. Subject to the Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.


      Fees. The parties’ will each bear their own costs and expenses associated with arbitration – and responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. 


      No Class Actions. You may only resolve disputes with Alcove on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. 

      Modifications. Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any amendment to the foregoing arbitration terms or conditions (other than an amendment to any notice address or site link) in the future, such amendment shall not apply to any claim that was filed in a legal proceeding against Alcove prior to the effective date of the amendment. In addition, you shall have the reject any such amendment by notifying Alcove in writing within thirty (30) days of the date that you are first notified of the amendment (according to the procedures set forth above in this Section 18). In the event you so reject an amendment, the amendment will not apply to you – but this Section 18 will otherwise remain in fully force and effect (according to the pre-amendment version you had already agreed to).


      Going to Court. Subject to the arbitration provision above, you agree that the exclusive jurisdiction and venue for all disputes arising in connection with this Agreement shall be in the state and Federal courts located in San Francisco, California.  You hereby submit to such jurisdiction and venue.

      s

      THE TERMS AND CONDITIONS IN THIS SECTION 21 WILL NOT APPLY TO THE EXTENT PROHIBITED OR OTHERWISE.


      • Notices

      All legal notices to Alcove must be addressed in writing, and sent by registered or certified mail, to: LivingLab Inc., P.O. Box 2048, Durham NC 27702 (Attn: Legal).  If you have general questions regarding this Agreement or the Service, you may also email us support@alcoverooms.com


      Alcove may provide notices to you via email and to any other address you provide.


      • General 

      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. Alcove shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Alcove’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Alcove’s prior written consent.  Alcove may transfer, assign or delegate this Agreement and its rights and obligations without consent.  This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Alcove in any respect whatsoever. 

      • Copyright and Trademark Notices.

      Unless otherwise indicated, this Agreement and all content provided by Alcove are copyright © 2023 LivingLab Inc.  All rights reserved.

      “Alcove” as well as page headers, custom graphics, buttons, images and other content on the Site, are subject to trademark, service mark, trade dress, copyright and/or other proprietary or intellectual property rights or licenses held by Alcove, Inc. or its licensors, supplier or partners.  Other trademarks, product names and company names or logos used on the Site are the property of their respective owners.  Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Site is strictly prohibited.