THE HOUSE KEE, LLC
Effective Date: October 11, 2026
Last Updated: October 2026
In plain English
This summary is here to help you understand the key points quickly. It is not a substitute for the full Terms below; if anything here conflicts with the full Terms, the full Terms control.
- What this is: The Commissioning Week Marketplace is an advertising board. You list your home, renters contact you directly, and the rental is between you and the renter. We don’t collect rent, hold deposits, screen renters or guarantee bookings.
- Homes we manage: If The House Kee manages your home, your management agreement applies instead of these Terms. Guests who book a House Kee-managed home follow the rental terms they accept at booking.
- Not the Naval Academy: We’re an independent local business. We’re not affiliated with or endorsed by the U.S. Naval Academy, the Navy or any government body, and your listing can’t suggest that it is.
- Your responsibilities: Keep your listing accurate and mark dates as booked once they’re rented. You’re also responsible for your licenses, HOA rules, taxes, insurance, safety and fair housing compliance.
- Plans and billing: Listing plans renew automatically until you cancel. You can cancel anytime from your owner dashboard or by emailing cwbilling@thehousekee.com. Your listing stays live through the period you’ve already paid for.
- Refunds: All fees are non-refundable, including partial periods, unused time, and if Commissioning Week changes or is cancelled, except where the law requires a refund. Cancelling stops future renewals. Premium Listing Build fees are non-refundable once work begins, and Host Kit purchases are non-refundable once a file has been downloaded.
- Templates and tools: Our guides, templates and pricing tools are general information, not legal or tax advice. Have your own attorney review any agreement you use.
- Disputes: Maryland law applies. Disputes go to individual arbitration, though small claims court is still available, and you can opt out of arbitration within 30 days (Section 28).
- Questions: cwsupport@thehousekee.com · (410) 941-8900
These Commissioning Week Marketplace Terms and Conditions (these “Terms”) form a binding legal agreement between you and The House Kee, LLC, a Florida limited liability company (“The House Kee,” “we,” “us,” or “our”), and govern your access to and use of the Commissioning Week Marketplace operated by The House Kee at thehousekee.com, including the Commissioning Week pages, owner registration, owner dashboard, listing plans, listing tools, inquiry features, and related resources we make available for Commissioning Week listings (collectively, the “Marketplace”). These Terms do not govern the rest of thehousekee.com or our other services except as stated in Section 1.4.
PLEASE READ THESE TERMS CAREFULLY. THEY LIMIT OUR LIABILITY TO YOU, DISCLAIM ALL WARRANTIES, REQUIRE YOU TO INDEMNIFY US, AND AUTHORIZE US TO CHARGE YOUR PAYMENT METHOD ON A RECURRING BASIS UNTIL YOU CANCEL.
SECTION 28 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. EXCEPT FOR CERTAIN LIMITED DISPUTES, YOU AND WE AGREE THAT DISPUTES WILL BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION, NOT IN COURT, AND THAT NEITHER PARTY WILL BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR HAVE A TRIAL BY JURY. YOU MAY OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS AS DESCRIBED IN SECTION 28.9.
WE DO NOT GUARANTEE THAT YOUR PROPERTY WILL BE RENTED. WE DO NOT SCREEN, VET, OR VERIFY ANY USER OR ANY PROPERTY. ANY RENTAL OF A COMMUNITY LISTING IS A CONTRACT SOLELY BETWEEN THE HOMEOWNER AND THE RENTER, AND WE ARE NOT A PARTY TO IT.
BY CLICKING “I AGREE,” CREATING AN ACCOUNT, SUBMITTING A LISTING, PURCHASING A SUBSCRIPTION, OR OTHERWISE ACCESSING OR USING THE MARKETPLACE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND BY OUR PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE MARKETPLACE.
1. Acceptance of These Terms
1.1 Agreement. These Terms apply to every person who accesses or uses the Marketplace in any manner, whether or not that person registers for an account, purchases a Subscription, or completes any transaction.
1.2 Additional terms. Certain features, promotions, or services may be subject to additional posted terms. Those additional terms are incorporated into these Terms by reference. In the event of a conflict, the additional terms control as to the specific feature they govern, and these Terms control in all other respects.
1.3 Authority. If you accept these Terms on behalf of a business entity, trust, estate, or other organization, you represent and warrant that you have full authority to bind that organization, and “you” refers to both you individually and that organization.
1.4 Scope; homes managed by The House Kee. As to Listings, these Terms apply to community listings, meaning Listings for homes that The House Kee does not manage. They do not apply to: (a) any home that The House Kee manages under a separate written property management agreement, which is governed by that agreement; (b) any reservation of a home managed by The House Kee, including Commissioning Week stays booked or paid through thehousekee.com, which is governed by the rental agreement, policies, and terms presented to the guest at booking; or (c) any other service you separately hire The House Kee to perform (such as photography, cleaning, guest communication, or full property management), which is governed by its own written agreement and pricing. If these Terms conflict with any such agreement, that agreement controls as to its subject matter.
2. Definitions
2.1 “Homeowner” means a User who creates, submits, maintains, or benefits from a Listing on the Marketplace, whether as owner of the property or as a property manager or other person authorized by the owner.
2.2 “Renter” or “Guest” means a User who uses the Marketplace to search for, inquire about, negotiate, or arrange occupancy of a property described in a Listing.
2.3 “Listing” means any advertisement, description, photograph, video, floor plan, availability calendar, price, rule, or other content submitted to or displayed on the Marketplace that describes a property offered for short-term rental.
2.4 “Rental Arrangement” means any agreement, understanding, reservation, booking, license, lease, or other arrangement — written, oral, electronic, or implied — between a Homeowner and a Renter concerning the occupancy or use of a property, together with all payments, deposits, communications, and obligations arising from it.
2.5 “User,” “you,” or “your” means any person or entity that accesses or uses the Marketplace, including Homeowners, Renters, and persons who merely browse without registering.
2.6 “User Content” means any text, photograph, video, review, message, rating, calendar entry, price, address, license number, link, or other material that a User submits, uploads, posts, transmits, or otherwise makes available on or through the Marketplace.
2.7 “Commissioning Week” means the period of ceremonies, graduation exercises, and related events associated with the commissioning of the graduating class of the United States Naval Academy in Annapolis, Maryland, and any comparable period referenced on the Marketplace.
2.8 “Subscription” means a paid listing plan, billed on a recurring basis (such as monthly or annually, as disclosed at purchase), that entitles a Homeowner to publish and maintain one or more Listings on the Marketplace for the duration of the plan, together with any Featured or other upgrade added to it.
2.9 “Payment Method” means any credit card, debit card, bank account, digital wallet, or other payment instrument you provide to us or our payment processor.
2.10 “The House Kee Parties” means The House Kee together with its parent companies, subsidiaries, and affiliates, and each of their respective officers, directors, members, managers, shareholders, partners, employees, contractors, agents, representatives, licensors, suppliers, service providers, successors, and assigns.
2.10A “Paid Services” means any optional product or service we sell through the Marketplace other than a Subscription, including the Premium Listing Build service and the Commissioning Week Host Kit, as described at the point of purchase.
2.11 Interpretation. The words “include,” “includes,” and “including” mean “including without limitation.” Headings are for convenience only and do not affect interpretation. These Terms shall not be construed against a party merely because that party drafted them.
3. What The House Kee Is — and What It Is Not
3.1 We are a listings venue only. The Marketplace is an online venue — in substance, a classified advertising board — that allows Homeowners to publish Listings describing properties they wish to rent on a short-term basis, and allows Renters to view those Listings and contact the Homeowners directly. For community listings, providing that venue (together with any Paid Services you choose to purchase) is the entirety of the service we offer.
3.2 We are not a party to any Rental Arrangement. For community listings, we do not rent, sublet, license, offer, book, reserve, confirm, manage, supervise, clean, inspect, staff, or otherwise operate any property. We are not the landlord, licensor, lessor, sublessor, host, innkeeper, operator, or agent of any property, and we hold no keys, no possession, and no control.
3.3 We are not acting as your broker, agent, or manager. In operating the Marketplace, The House Kee does not act as, and does not hold itself out as, a real estate broker, real estate salesperson, real estate agent, rental agency, property manager, leasing agent, travel agency, tour operator, hotel, motel, bed and breakfast, inn, lodging provider, booking service, escrow agent, money transmitter, payment processor, insurer, insurance producer, or fiduciary for any community listing or any Homeowner or Renter. The House Kee separately provides property management services under written management agreements; those services are not part of the Marketplace and are not provided by purchasing a Subscription or Paid Service. We do not negotiate on behalf of any User in connection with a community listing, and we receive no commission, finder’s fee, or share of any rent from a community listing.
3.4 No agency, partnership, or fiduciary relationship. Nothing in these Terms or in your use of the Marketplace creates any agency, partnership, joint venture, employment, franchise, trust, or fiduciary relationship between you and The House Kee. No User has authority to bind, obligate, or make representations on behalf of The House Kee.
3.5 We give no professional advice. Nothing on the Marketplace, and nothing said by us or by anyone acting for us, constitutes legal, tax, accounting, insurance, financial, real estate, zoning, or regulatory advice. Any sample agreement, template, checklist, guide, pricing suggestion, or informational article we may provide is offered solely for general convenience, is provided “AS IS” without warranty of any kind, may be incomplete or out of date, and is not a substitute for advice from your own licensed professionals. You should consult your own attorney, accountant, and insurance agent before listing or renting a property.
3.6 Our compensation. Our only compensation from the Marketplace is the Subscription fee a Homeowner pays for the ability to publish a Listing and the price of any Paid Service or other fee expressly disclosed to you at the point of purchase. We do not receive any portion of the rent, deposits, or other amounts a Renter pays a Homeowner for a community listing.
4. No Affiliation with the United States Naval Academy or Any Government Entity
4.1 Independence. The House Kee is an independent, privately owned business. We are not affiliated with, endorsed by, sponsored by, approved by, licensed by, or in any way officially connected with the United States Naval Academy, the United States Navy, the United States Department of Defense, the United States Naval Academy Alumni Association or Foundation, the City of Annapolis, Anne Arundel County, the State of Maryland, or any other governmental, military, or educational institution.
4.2 Descriptive references only. Any reference on the Marketplace to Commissioning Week, the Naval Academy, or related events, names, or insignia is descriptive and informational only, is used solely to identify the time period and geographic market the Marketplace serves, and does not imply any affiliation, sponsorship, or endorsement.
4.3 Your representations. You may not state or imply in any Listing, communication, or User Content that you, your property, or your Listing is affiliated with, endorsed by, approved by, or officially recommended by the United States Naval Academy or any government or military entity, and you may not use any protected seal, insignia, crest, trademark, or service mark of any such entity without written authorization from that entity. You are solely responsible for your use of any third party’s name or mark.
4.4 No representation as to events. We make no representation or warranty regarding the dates, schedule, format, location, capacity, ticketing, attendance policies, or occurrence of Commissioning Week or any related event. Those matters are determined entirely by third parties and may be changed, restricted, postponed, or cancelled at any time without notice to us. Section 26 (Force Majeure) applies.
5. Eligibility and Accounts
5.1 Eligibility. You must be at least eighteen (18) years old and have the legal capacity to enter into binding contracts. The Marketplace is offered only to Users located in the United States. You represent that you are not identified on, and are not owned or controlled by any person identified on, any United States government list of prohibited or restricted parties, and that you are not located in a jurisdiction subject to comprehensive United States sanctions.
5.2 Registration. To publish a Listing you must create an account and provide accurate, current, and complete information. You agree to keep that information — including your email address, telephone number, and billing information — accurate and up to date at all times. A prospective guest’s inability to get in touch with you is not the fault of The House Kee.
5.3 Account security. You are responsible for maintaining the confidentiality of your password and account credentials and for all activity that occurs under your account, whether or not authorized by you. You agree to notify us immediately at cwsupport@thehousekee.com of any suspected unauthorized use. We are not liable for any loss arising from your failure to safeguard your credentials.
5.4 One account; no transfer. You may maintain only one account unless we expressly agree otherwise in writing. You may not sell, rent, lease, license, transfer, or share your account or your right to use the Marketplace.
5.5 Our discretion. We may refuse registration, decline to provide the Marketplace to any person, and suspend or terminate any account at any time in our sole discretion, in accordance with Section 25.
6. Homeowner Representations, Warranties, and Covenants
6.1 Each time you create, publish, renew, or maintain a Listing, and continuously for so long as the Listing remains published, you represent, warrant, and covenant to us that:
(a) Right to rent. You own the property, or you hold express written authority from every person and entity whose authorization is required, to offer it for short-term rental; and doing so does not violate any mortgage, deed of trust, note, insurance policy, homeowners association or condominium declaration, bylaws, rules, or covenants, cooperative proprietary lease, ground lease, tenancy, sublease, easement, deed restriction, restrictive covenant, or other instrument or agreement binding on you or the property.
(b) Zoning and land use. The offering and operation of the property as a short-term rental is permitted under all applicable zoning, land use, building, occupancy, historic district, and rental regulations.
(c) Licenses, permits, and registrations. You have obtained, and will maintain in good standing for the entire period the property is offered or occupied, every license, permit, registration, certificate, inspection, and approval required by law — including any short-term rental license, rental operating license, lodging registration, or occupancy permit required by the City of Annapolis, Anne Arundel County, or the State of Maryland — and you will accurately display any license or registration number where required. We do not obtain, verify, monitor, renew, or advise on any license or permit.
(d) Taxes. You are solely responsible for determining, collecting, reporting, filing, and remitting all taxes arising from your rental activity, including any sales and use tax, transient occupancy or hotel rental tax, county or municipal lodging tax, and federal, state, and local income tax, and for issuing any receipt or record required by law. We do not calculate, collect, remit, report, or withhold any tax on your behalf, and we make no representation as to which taxes apply to you. Any tax information we may display is general and may be inaccurate or out of date.
(e) Insurance. You have reviewed your insurance coverage with your own agent and have obtained coverage appropriate to short-term rental activity, including liability coverage adequate for paying occupants. You acknowledge that many standard homeowners, renters, condominium, and landlord policies exclude or limit coverage for short-term rental, commercial use, or paying guests, and that rental activity may void or impair coverage. The House Kee provides no insurance, host guarantee, damage protection program, security deposit protection, indemnity, or coverage of any kind, and nothing on the Marketplace should be understood as insurance.
(f) Safety and habitability. The property is safe, habitable, and in compliance with all applicable health, safety, fire, and building codes, including (but not limited to) any requirements for smoke alarms, carbon monoxide alarms, fire extinguishers, means of egress, handrails, and pool or waterfront safety barriers. You have disclosed in the Listing all known material defects and hazards.
(g) Lead-based paint. If the property was constructed before 1978, you have complied with all applicable federal and Maryland lead-based paint requirements — which may include registration, inspection, risk reduction, tenant notification, and disclosure obligations — or you have confirmed with your own counsel that a statutory exemption applies to your rental. You are solely responsible for that determination.
(h) Accuracy. Your Listing is truthful, accurate, complete, current, and not misleading; the property exists, is the property depicted, and is available on the dates and at the prices shown; all photographs and videos depict the actual property in its current condition; and all stated amenities, occupancy limits, distances, parking, and access arrangements are correct.
(i) Content rights. You own or hold all rights necessary to submit your User Content and to grant the license in Section 12; your User Content does not infringe or misappropriate any copyright, trademark, trade secret, right of publicity, privacy right, or other right of any third party; and you have obtained the consent of any identifiable individual depicted.
(j) Surveillance and privacy. You have disclosed in the Listing the existence and location of every camera, microphone, smart speaker, doorbell camera, or other recording or monitoring device on or about the property, and you will not record or monitor any interior space, bathroom, or sleeping area, or otherwise violate any applicable wiretapping, eavesdropping, or privacy law.
(k) General compliance. Your listing and rental activity complies with all applicable federal, state, and local laws, regulations, ordinances, and orders.
6.2 You are the operator. As between you and The House Kee, every duty, obligation, disclosure, warranty, and liability imposed by law on a landlord, lessor, licensor, host, innkeeper, or lodging operator with respect to your property is yours alone. You will perform all of them at your sole cost.
6.3 Ongoing duty. You will mark dates as booked (or remove them) once they are rented, and you will promptly update or remove your Listing if any representation in this Section ceases to be true, including if a license lapses, an association objects, insurance is cancelled, availability changes, or a material defect arises.
7. No Guarantee of Rental, Bookings, Inquiries, Income, or Results
7.1 WE DO NOT GUARANTEE THAT YOUR PROPERTY WILL BE RENTED. A Subscription purchases one thing only: the ability to publish a Listing on the Marketplace for the term of the Subscription. It does not purchase, promise, or guarantee a rental, a booking, a reservation, a Renter, an inquiry, a message, a lead, a page view, a search impression, or any income, and no statement by us or by anyone acting for us shall be construed as such a guarantee.
7.2 No guarantee of exposure, placement, or traffic. We do not guarantee that any Listing will appear in search results at all or in any particular position or order, will be shown to any minimum number of Users, will be included in any newsletter, advertisement, social media post, or promotional campaign, or will receive any level of traffic, ranking, or visibility. We may change our search, ranking, sorting, filtering, display, and promotional algorithms and practices at any time, for any reason, without notice, and we may feature some Listings over others in our sole discretion.
7.3 No projections or earnings claims. Any number, figure, estimate, range, example, statistic, historical average, calculator output, market comparison, or illustration appearing anywhere on the Marketplace or in our marketing concerning demand, occupancy, nightly or weekly rates, revenue, or income is provided for general illustrative purposes only. It is not a promise, projection, appraisal, or guarantee; it may be inaccurate, incomplete, or out of date; and past results do not predict future results. You may not rely on any such figure, and you assume the risk of doing so.
7.4 Market risk is yours alone. You acknowledge that demand for short-term lodging in Annapolis is highly seasonal and concentrated around a small number of dates, and that it is affected by factors entirely outside our knowledge and control, including the United States Naval Academy’s schedule and any change or cancellation of it, weather, public health conditions, security restrictions, transportation, competing lodging supply, general economic conditions, and your own pricing, photography, description, responsiveness, and house rules. You bear that market risk entirely.
7.5 Fees are not contingent on results. Subscription fees are earned in full when your Listing is made available for publication and are not refundable, reducible, creditable, or subject to offset because the Listing produced no rental, no inquiry, or less interest, revenue, or exposure than you hoped or expected. See Section 14.
8. No Screening, Vetting, Verification, or Background Checks
8.1 WE DO NOT SCREEN OR VET USERS. We do not conduct criminal background checks, sex offender registry checks, credit checks, identity verification, reference checks, employment or income verification, immigration status checks, terrorist watchlist screening, or any other investigation, screening, or vetting of any Homeowner, Renter, or other User, and we have no obligation to do so.
8.2 WE DO NOT VERIFY LISTINGS OR PROPERTIES. We do not visit, inspect, appraise, photograph, measure, test, or verify any property, and we do not confirm ownership, title, authority to rent, condition, cleanliness, safety, habitability, code compliance, licensing, permitting, insurance, availability, pricing, occupancy limits, or the truth of any statement or image in any Listing. If you purchase a Paid Service that involves reviewing your Listing or property (such as a Premium Listing Build), we perform only that service, and doing so is not a verification, inspection, or certification of the property or of any statement in the Listing.
8.3 No endorsement. The presence of a User, a Listing, or a property on the Marketplace is not, and may not be relied upon as, an endorsement, recommendation, certification, approval, guarantee, warranty, or representation by us regarding that User’s identity, character, honesty, reliability, trustworthiness, creditworthiness, solvency, or suitability, or regarding any property’s quality, safety, legality, value, or fitness for any purpose. Any badge, label, ranking, review, star rating, or similar indicator that may appear on the Marketplace reflects only the criteria described in the relevant help materials and is not a guarantee of anything.
8.4 Discretionary action creates no duty. We may, but are never obligated to, review, monitor, moderate, investigate, flag, edit, verify, restrict, or remove any User, Listing, or User Content. If we take any such action in one instance, we do not thereby assume any duty to take it in any other instance, we do not become responsible for anything we did not remove, and we make no representation about anything we allowed to remain. This Section reflects the parties’ allocation of responsibility and does not limit any protection available to us under 47 U.S.C. § 230 or other applicable law.
8.5 YOU ARE SOLELY RESPONSIBLE FOR VETTING THE PEOPLE YOU DEAL WITH. You are responsible for conducting whatever due diligence you consider appropriate before entering into any Rental Arrangement, communicating with any User, sharing any personal information, accepting any payment, or permitting any person to enter your property. Exercise the same caution you would in any other transaction with a stranger. You assume all risk arising from your decision to deal with any User.
9. The Rental Arrangement Is Solely Between Homeowner and Renter
9.1 We are not a party. Every Rental Arrangement is a contract exclusively between the Homeowner and the Renter. The House Kee is not a party to it, is not an agent or broker for either side, is not a third-party beneficiary of it, does not guarantee, insure, underwrite, or stand behind it, and has no rights, duties, obligations, or liability under it.
9.2 The terms are yours to set, document, and enforce. The Homeowner and the Renter are solely responsible for negotiating, documenting, performing, and enforcing every term of their Rental Arrangement, including rent and total price; the method, timing, and security of payment; security and damage deposits; check-in and check-out dates and times; minimum and maximum stay; occupancy limits and permitted occupants; house rules; pets; smoking; parking; noise and neighbor obligations; cleaning and linens; utilities; keys, codes, and access; identification requirements; cancellation, rescheduling, and refund policies; responsibility for damage, loss, and injury; insurance; indemnity; dispute resolution; and remedies for breach.
9.3 We do not handle rental money. We do not collect, receive, hold, escrow, disburse, remit, refund, reverse, guarantee, or process rent, deposits, fees, or any other payment between a Homeowner and a Renter. All such payments are arranged and made directly between them, through methods they alone select, entirely at their own risk. We are not responsible for any payment that is not made, is late, is partial, is fraudulent, is reversed, is charged back, or is otherwise disputed.
9.4 Disputes between Users. Any dispute, claim, or controversy arising out of or relating to a Rental Arrangement or to any interaction between Users is solely between those Users. This includes disputes concerning nonpayment, late payment, chargebacks, fraud, property damage, theft, vandalism, personal injury, illness, death, cancellation, no-shows, early departure, overstay or holdover, misrepresentation, nuisance, noise, parking, neighbors, pets, complaints by homeowners associations or authorities, condition or cleanliness of the property, and failure to provide promised amenities. We have no obligation to become involved in, mediate, arbitrate, investigate, adjudicate, or provide any remedy for any such dispute, and we will have no liability arising from it. If we choose to assist in any instance, we do so gratuitously, without assuming any duty, and without waiving this Section.
9.5 Occupancy and landlord-tenant risk. You acknowledge that, depending on the length of a stay, the conduct of the parties, and applicable law, an occupant may acquire tenancy, possessory, or other occupancy rights, and that removing such an occupant may require formal legal process rather than self-help. The Homeowner assumes that risk entirely, and we have no responsibility for it.
9.6 Written agreement strongly recommended. We strongly recommend that every Rental Arrangement be documented in a written agreement prepared or reviewed by your own attorney and that Homeowners collect identification and an appropriate deposit. Any template or sample we may provide is a convenience only, is provided “AS IS,” is not legal advice, and may not be suitable for your circumstances.
9.7 Templates, guides, and tools. The House Kee may offer optional resources, including free owner guides and the paid Commissioning Week Host Kit (which may include a rental agreement template, a house rules template, and a pricing calculator). These resources are general templates and information only. They are not legal, tax, or financial advice, and buying or using them does not create an attorney-client or advisory relationship with The House Kee. They are provided “AS IS,” may not fit your property or situation, and may not comply with the laws where your property is located. You are responsible for reviewing and adapting them before use, and we encourage you to have a licensed attorney in your state review any agreement you use. Pricing estimates are based on publicly listed asking prices and other general data and are not a promise or guarantee of any rental rate, booking, or income. Section 7.3 applies.
10. User-Supplied Information; Your Responsibility for Errors and Misuse
10.1 The Marketplace displays what you give it. The Marketplace publishes and transmits information substantially as Users supply it. We do not independently audit, validate, correct, or fact-check that information, and we have no obligation to do so.
10.2 Your errors are your responsibility. You are solely responsible for the accuracy, completeness, legality, and currency of everything you enter, upload, select, transmit, or fail to update, including property addresses, availability calendars, dates, prices and rate structures, deposits, descriptions, amenities, occupancy limits, house rules, photographs, license and permit numbers, tax information, contact names, email addresses, telephone numbers, and payment and billing details. We are not liable for any loss, cost, damage, missed rental, lost income, misdirected communication, penalty, fine, or other consequence arising from your typographical errors, misspellings, omissions, outdated entries, incorrectly configured calendars, mispriced or misdescribed Listings, wrong or obsolete contact information, failure to check messages, failure to update your Listing, or any other mistake, oversight, or misuse by you or by anyone using your account.
10.3 No duty to detect or correct. We are not obligated to detect, question, notify you of, or correct any error in your information. We may, but need not, correct obvious formatting or display errors, and doing so creates no duty and no liability.
10.4 Misuse of the Marketplace. You are responsible for all use of the Marketplace through your account, including any misuse, misconfiguration, or unauthorized use, and including use by family members, employees, contractors, agents, or anyone to whom you give access. We are not liable for consequences arising from your failure to use the Marketplace as instructed or intended, your failure to safeguard your credentials, or your failure to maintain your own independent records, calendars, and backups of your data and communications.
10.5 Reliance is at your risk. Any reliance you place on any information obtained on or through the Marketplace — whether supplied by us, by another User, or by any third party — is strictly at your own risk.
11. Fair Housing and Nondiscrimination
11.1 Compliance required. Homeowners must comply with all applicable fair housing, public accommodation, and antidiscrimination laws, including the federal Fair Housing Act (42 U.S.C. § 3601 et seq.), the Americans with Disabilities Act where applicable, and all Maryland, Anne Arundel County, and City of Annapolis antidiscrimination requirements.
11.2 Prohibited conduct. You may not refuse to rent, discourage an inquiry, apply different terms, prices, availability, or rules, or make, print, publish, or cause to be published any statement, advertisement, question, or preference that discriminates on the basis of race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity or expression, familial status, marital status, disability, source of income, age, military or veteran status, or any other characteristic protected by applicable law.
11.3 Our rights. We may remove any Listing or User Content, and suspend or terminate any account, that we believe in our sole discretion violates this Section or applicable law, without notice and without refund. Whether any statutory exemption from fair housing law applies to you is your determination to make with your own counsel, not ours.
11.4 Indemnity. You will indemnify The House Kee Parties for any claim arising from your violation of this Section, in accordance with Section 24.
12. User Content and the License You Grant Us
12.1 You keep ownership. You retain all ownership rights you have in your User Content. We claim no ownership in it.
12.2 License to us. You grant The House Kee a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to host, store, cache, reproduce, modify (for purposes of formatting, resizing, cropping, compressing, watermarking, and adapting for display), create derivative works of, publish, publicly display, publicly perform, and distribute your User Content, in whole or in part, in any media now known or later developed, for the purposes of operating, providing, improving, marketing, promoting, and advertising the Marketplace and our business. This includes display in search engines, on social media, in email campaigns, in press materials, and in paid advertising.
12.3 Duration. The license in Section 12.2 continues for so long as your User Content remains on the Marketplace and, following removal, for a commercially reasonable period necessary to complete removal from active display, caches, backups, and previously distributed or archived materials. The license survives termination as to copies contained in archives, backups, and materials already published or distributed.
12.4 Feedback. If you send us suggestions, ideas, or feedback about the Marketplace, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and exploit them for any purpose, without compensation, attribution, or obligation of confidentiality.
12.5 Reviews and ratings. If we make review or rating features available, your submissions must be truthful, must be based on your own actual first-hand experience, and must not be offered, solicited, or exchanged for compensation or consideration of any kind. We may remove or decline to publish any review in our sole discretion, and we do not endorse or verify any review.
12.6 No duty to store. We do not guarantee the storage, retention, availability, or security of any User Content. You are responsible for maintaining your own copies. We may delete User Content at any time, including following termination of your account.
13. Prohibited Conduct
You will not, and will not permit anyone acting on your behalf to:
(a) violate any applicable law, regulation, ordinance, court order, or the rights of any person;
(b) post any Listing that is false, fraudulent, deceptive, misleading, duplicative, or for a property you do not own or have written authority to rent, or that advertises anything other than a bona fide short-term rental of the property described;
(c) engage in bait-and-switch practices, advertise a property or price you do not intend to honor, or systematically fail to respond to inquiries;
(d) post content that is defamatory, obscene, pornographic, harassing, threatening, hateful, discriminatory, invasive of privacy, or infringing of intellectual property;
(e) impersonate any person or entity, or misrepresent your identity, affiliation, or authority;
(f) use the contact information or personal data of another User for any purpose other than communicating about a potential or actual Rental Arrangement, including for marketing, solicitation, list building, resale, or transfer to any third party;
(g) send unsolicited commercial messages, spam, chain communications, or automated messages, or violate the CAN-SPAM Act, the Telephone Consumer Protection Act, or any applicable communications or privacy law;
(h) scrape, crawl, spider, harvest, index, mine, or systematically extract data from the Marketplace, or use any robot, bot, script, or automated means to access it, except for a public search engine’s standard indexing in compliance with our robots.txt;
(i) reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Marketplace, or copy, frame, mirror, or create derivative works of the Marketplace;
(j) probe, scan, or test the vulnerability of the Marketplace, breach or circumvent any security or authentication measure, access any account or data you are not authorized to access, or introduce any virus, malware, or harmful code;
(k) interfere with, disrupt, overburden, or impair the Marketplace or its infrastructure, or take any action imposing an unreasonable load on it;
(l) create multiple or additional accounts to evade a suspension, termination, fee, or other restriction, or otherwise circumvent any Subscription fee;
(m) use a Payment Method you are not authorized to use, or provide false billing information; or
(n) use the Marketplace for any purpose that is unlawful or prohibited by these Terms, or assist or encourage any third party to do any of the foregoing.
We may investigate and take any action we deem appropriate for any suspected violation, including removing content, suspending or terminating accounts, and reporting the matter to law enforcement, in each case without notice, without refund, and without liability to you.
14. Fees, Subscriptions, Automatic Renewal, and Payment Authorization
14.1 Subscription fees. Publishing a Listing requires a paid Subscription at the price and billing frequency disclosed to you at the time of purchase. Current plans and pricing (which may include monthly and annual plans, Featured upgrades, and Paid Services) are shown on the plan selection page during sign-up and on the checkout page. All amounts are stated and payable in United States dollars.
14.2 AUTOMATIC RENEWAL — PLEASE READ CAREFULLY. YOUR SUBSCRIPTION AUTOMATICALLY RENEWS AND YOUR PAYMENT METHOD WILL CONTINUE TO BE CHARGED UNTIL YOU CANCEL. Unless you cancel before the end of the then-current billing period, your Subscription will renew automatically for successive periods of the same length (each, a “Renewal Term”), and we will charge your Payment Method the then-current fee plus applicable taxes on each renewal date, without further notice to you or further authorization from you, until you cancel in accordance with Section 14.7. YOU SPECIFICALLY ACKNOWLEDGE THAT COMMISSIONING WEEK OCCURS ONCE PER YEAR, THAT YOUR SUBSCRIPTION RENEWS ON ITS OWN BILLING CYCLE (FOR EXAMPLE, MONTHLY OR ANNUALLY) REGARDLESS OF WHEN COMMISSIONING WEEK OCCURS, AND THAT IT WILL THEREFORE CONTINUE TO BILL DURING PERIODS IN WHICH YOUR LISTING RECEIVES LITTLE OR NO ACTIVITY, UNLESS AND UNTIL YOU CANCEL.
14.3 Payment authorization. By providing a Payment Method, you: (a) represent and warrant that you are authorized to use it and that all billing information you provide is true, accurate, and complete; (b) authorize us and our third-party payment processors to charge it for all Subscription fees, taxes, and other amounts due under these Terms; (c) authorize those charges to recur automatically on each renewal date as described in Section 14.2, until you cancel; (d) authorize us and our processors to store, tokenize, and retain your Payment Method and associated billing information for use in future charges, including after a Listing is removed, for so long as amounts may become due or as required for recordkeeping, fraud prevention, tax, accounting, and legal compliance purposes; and (e) authorize us and our processors to participate in card network account updater and similar services, so that if your card number, expiration date, or other credential changes, updated credentials may be obtained and applied automatically and your recurring charges may continue without interruption. You are responsible for keeping your billing information current; a Subscription is not cancelled by the expiration, cancellation, or replacement of a card.
14.4 Payment processing and card data. Payments are processed by one or more third-party payment processors. Your use of those services may be subject to the processor’s own terms and privacy policy. We do not control, and are not responsible or liable for, the acts, omissions, systems, availability, accuracy, security practices, fees, holds, or policies of any payment processor, card network, acquiring or issuing bank, or other financial institution. We handle billing information as described in our Privacy Policy and take commercially reasonable measures intended to protect it, but WE DO NOT AND CANNOT GUARANTEE THAT PAYMENT OR BILLING INFORMATION WILL BE SECURE FROM UNAUTHORIZED ACCESS, INTERCEPTION, LOSS, OR MISUSE, and Sections 22 and 23 apply to any claim arising from such an event.
14.5 Failed, declined, and reversed payments. If any charge is declined, returned, reversed, or otherwise fails, we may, in our sole discretion and without notice: (a) retry the charge in whole or in part, on that Payment Method or any other Payment Method associated with your account, on such schedule as we or our processor determine; (b) suspend, unpublish, deprioritize, or remove your Listings and suspend or terminate your account; and (c) recover the amount owed together with any bank, network, or processor fee we incur and, to the maximum extent permitted by law, a late charge and interest at the lesser of one and one-half percent (1.5%) per month or the highest rate permitted by law, plus our reasonable costs of collection, including reasonable attorneys’ fees. Suspension or removal of a Listing does not cancel your Subscription, waive any amount already accrued, or entitle you to any refund.
14.6 Price changes. We may change Subscription prices and introduce new fees. We will provide at least thirty (30) days’ advance notice of any price increase applicable to your Subscription, by email to the address associated with your account or by conspicuous notice on the Marketplace. The new price will apply to Renewal Terms commencing after the notice period expires. Your continuation of the Subscription after the effective date constitutes your acceptance of the new price. If you do not accept it, your sole and exclusive remedy is to cancel before it takes effect.
14.7 Cancellation. You may cancel your Subscription at any time, without penalty, through the Subscription tab of your owner dashboard, or by emailing cwbilling@thehousekee.com from the email address associated with your account. Cancellation takes effect at the end of the then-current billing period; your Listing will remain published and your access will continue through the end of that period. It is your responsibility to cancel before the next renewal date. Deleting or unpublishing a Listing, closing your browser, ceasing to use the Marketplace, or allowing a card to expire does not cancel your Subscription. We will send you confirmation of cancellation; if you do not receive it within a reasonable time, contact us immediately.
14.8 NO REFUNDS. EXCEPT WHERE A REFUND IS REQUIRED BY APPLICABLE LAW, ALL FEES ARE NON-REFUNDABLE AND ARE FULLY EARNED WHEN PAID. WE DO NOT PROVIDE REFUNDS, CREDITS, PRORATION, OR OFFSETS FOR: PARTIAL BILLING PERIODS; UNUSED TIME; PERIODS DURING WHICH YOU DID NOT LOG IN OR USE THE MARKETPLACE; LISTINGS THAT PRODUCED NO RENTAL, BOOKING, OR INQUIRY; LISTINGS YOU REMOVED, UNPUBLISHED, OR CHOSE NOT TO MAINTAIN; LISTINGS WE REMOVED OR ACCOUNTS WE SUSPENDED OR TERMINATED FOR BREACH OF THESE TERMS; CHANGES TO, OR CANCELLATION OF, COMMISSIONING WEEK OR ANY OTHER EVENT; OR TEMPORARY UNAVAILABILITY OF THE MARKETPLACE.
14.9 Taxes on fees. Subscription prices are exclusive of any sales, use, excise, value-added, or similar tax. We may add and collect any such tax we are required to collect. You are responsible for all taxes arising from your rental activity as provided in Section 6.1(d).
14.10 Chargebacks and payment disputes. If you believe a charge is incorrect, you must contact us at cwbilling@thehousekee.com within sixty (60) days of the charge, and we will review it in good faith. Initiating a chargeback, payment dispute, or reversal for a charge properly made under these Terms is a material breach of these Terms. If you initiate such a dispute, we may immediately suspend or terminate your account and remove your Listings without refund, and we may recover from you the disputed amount, any chargeback, representment, or dispute fee assessed against us, and our reasonable costs of collection including attorneys’ fees. We reserve the right to contest any chargeback and to submit these Terms, your electronic acceptance record, your account and usage logs, and your billing history as evidence.
14.11 Trials, discounts, and promotions. Any free trial, free first term (including any Founding Owner offer), introductory rate, discount, or promotional offer applies only for the period and on the conditions stated at the time of the offer and converts automatically at the end of that period to the then-current standard recurring price, charged to your Payment Method, unless you cancel before the period ends. Eligibility conditions may apply, we may limit offers to new Users or to one per household or property, and we may modify, suspend, or terminate any offer prospectively at any time.
14.12 Billing records. The billing history displayed in your account is the authoritative record of the amounts charged to you, absent manifest error.
14.13 Premium Listing Build. The Premium Listing Build is a one-time Paid Service for listing setup and consultation, as described at purchase. It is not a Subscription and does not by itself publish a Listing. Its fee is non-refundable once work has begun. It does not guarantee any rental, inquiry, ranking, or income, and Sections 7 and 8 apply.
14.14 Host Kit and digital products. Host Kit files and other digital products are delivered electronically and are available immediately after purchase, so they are non-refundable once any file has been downloaded. If you have trouble accessing your files, email cwbilling@thehousekee.com. Your license to digital products is personal and limited to your own properties; you may not resell or redistribute them. To the fullest extent permitted by law, our total liability for any claim relating to a template, guide, tool, or other digital product is limited to the amount you paid for it.
15. Our Rights Over Listings, Content, and Accounts
15.1 Editorial discretion. We may, at any time and in our sole discretion, with or without cause and with or without notice, refuse, decline to publish, edit, reformat, relabel, reorder, deprioritize, restrict, unpublish, or remove any Listing, User Content, or account. Reasons may include suspected inaccuracy, illegality, legal or reputational risk, complaints, poor quality, duplication, inactivity, non-payment, breach of these Terms, or any other reason or no reason. No refund is due on account of any such action.
15.2 No duty to monitor. We have no obligation to monitor the Marketplace, User Content, or User conduct, and we assume no responsibility for any User Content or conduct we do not remove. Section 8.4 applies.
15.3 Legal process and safety. We may access, preserve, and disclose your account information and User Content if we believe in good faith that doing so is reasonably necessary to comply with law, legal process, or governmental request; to enforce these Terms; to detect, prevent, or address fraud, security, or technical issues; or to protect the rights, property, or safety of The House Kee, our Users, or the public.
15.4 Changes to the Marketplace. We may modify, add, suspend, or discontinue any feature or the entire Marketplace, at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation, except that if we permanently discontinue the Marketplace in its entirety we will cancel active Subscriptions prospectively.
16. Communications Between Users
16.1 Passive conduit. Any messaging, inquiry, or contact feature is a passive conduit for communications between Users. We do not review, screen, edit, approve, or endorse the content of User communications, and we do not guarantee that any message will be delivered, delivered promptly, received, read, or answered.
16.2 No responsibility. We are not responsible for anything any User says to or about you, for any misrepresentation or omission by a User, for any delay or failure in delivery of a message, or for any consequence of a message being intercepted, lost, or read by an unintended recipient.
16.3 Sharing of contact information. You consent to the disclosure of your name, email address, telephone number, and other contact details to a counterparty User as reasonably necessary to facilitate a potential or actual Rental Arrangement, and to the display of your Listing information publicly.
16.4 Your obligations. You will use another User’s contact information solely for the purpose of the potential or actual Rental Arrangement, will not add any User to any marketing list without their express consent, and will comply with all applicable communications and privacy laws.
17. Privacy and Data
17.1 Privacy Policy. Our collection, use, and disclosure of personal information is described in our Privacy Policy, available at thehousekee.com/privacy-policy, which is incorporated into these Terms by reference. By using the Marketplace you consent to those practices.
17.2 Your own compliance. If you collect, store, or use personal information about Renters or other individuals — including names, contact details, identification documents, or payment details — you are solely responsible for doing so lawfully and for complying with all applicable privacy and data protection laws, including the Maryland Online Data Privacy Act to the extent it applies to you. We are not your processor, service provider, or joint controller with respect to information you collect outside the Marketplace, and we make no representation that your practices comply with any law.
17.3 Security. We employ commercially reasonable administrative, technical, and physical safeguards intended to protect information in our systems. No method of transmission or storage is completely secure, and we do not warrant that the Marketplace or any information transmitted through it is or will remain secure or free from unauthorized access. You transmit information at your own risk.
18. Intellectual Property
18.1 Our property. The Marketplace, including its software, code, design, layout, graphics, text, compilations, databases, and all related intellectual property, is owned by The House Kee or its licensors and is protected by United States and international intellectual property laws. “The House Kee” and our logos are our trademarks and service marks. Nothing in these Terms transfers any ownership to you.
18.2 Limited license to you. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Marketplace for its intended purpose. All rights not expressly granted are reserved.
18.3 Restrictions. You may not copy, reproduce, republish, distribute, sell, license, frame, mirror, or create derivative works from the Marketplace or its contents, or use our trademarks, trade dress, or brand elements, without our prior written consent.
19. Copyright Complaints (DMCA)
19.1 Notice. If you believe content on the Marketplace infringes your copyright, send a written notice to our designated agent containing: (a) a physical or electronic signature of the owner or authorized agent; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to locate it; (d) your contact information; (e) a statement that you have a good faith belief the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on the owner’s behalf.
19.2 Designated agent. The House Kee, LLC, 7210 Manatee Ave W #1009, Bradenton, FL 34209, info@thehousekee.com, (410) 824-5119.
19.3 Counter-notice and repeat infringers. We will respond to properly submitted counter-notices as provided in 17 U.S.C. § 512(g). We will terminate, in appropriate circumstances, the accounts of Users who are repeat infringers.
20. Third-Party Services, Links, and Content
The Marketplace may contain links to, or integrations with, third-party websites, services, maps, payment processors, insurers, and content. We do not control, endorse, or assume any responsibility for any third party, its content, products, services, pricing, accuracy, availability, security, or privacy practices. Your dealings with any third party are solely between you and that third party, and are governed by that third party’s terms. We are not liable for any loss arising from any third-party service, including the failure, outage, error, or security breach of any payment processor, hosting provider, mapping service, email provider, or telecommunications carrier.
21. Assumption of Risk; Release
21.1 Assumption of risk. YOU ACKNOWLEDGE THAT OFFERING YOUR HOME TO STRANGERS, OR OCCUPYING THE HOME OF A STRANGER, INVOLVES INHERENT AND SIGNIFICANT RISKS, including but not limited to property damage, theft, vandalism, loss of personal belongings, personal injury, illness, exposure to communicable disease, death, fraud, identity theft, nonpayment, chargebacks, misrepresentation, unauthorized parties or occupants, nuisance and noise complaints, criminal conduct, disputes with neighbors, associations, insurers, lenders, and governmental authorities, fines and penalties, and loss of insurance coverage. YOU KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR YOUR DECISIONS TO LIST, TO RENT, AND TO DEAL WITH ANY PARTICULAR PERSON.
21.2 Release. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE THE HOUSE KEE PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, EXPENSES, AND LIABILITIES OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, FORESEEN OR UNFORESEEN, ARISING OUT OF OR IN ANY WAY RELATED TO ANY RENTAL ARRANGEMENT, ANY LISTING, ANY PROPERTY, ANY INTERACTION OR DISPUTE WITH ANY OTHER USER, OR THE ACTS OR OMISSIONS OF ANY OTHER USER OR ANY THIRD PARTY.
21.3 Unknown claims. You expressly waive, to the fullest extent permitted by law, the benefit of any statute, rule, or common law principle that would otherwise limit a general release to claims that the releasing party knows or suspects to exist in its favor at the time of the release.
22. Disclaimer of Warranties
22.1 THE MARKETPLACE AND ALL CONTENT, LISTINGS, MATERIALS, TEMPLATES, TOOLS, AND INFORMATION MADE AVAILABLE THROUGH IT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
22.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE HOUSE KEE PARTIES DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, SYSTEM INTEGRATION, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
22.3 WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT: (a) THE MARKETPLACE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS; (b) ANY DEFECT WILL BE CORRECTED; (c) ANY LISTING, PROPERTY, USER, STATEMENT, PHOTOGRAPH, PRICE, OR AVAILABILITY IS ACCURATE, CURRENT, LEGAL, LICENSED, INSURED, SAFE, OR AS DESCRIBED; (d) ANY USER IS WHO THEY CLAIM TO BE OR WILL PERFORM ANY OBLIGATION; (e) ANY PROPERTY WILL BE RENTED, OR THAT ANY LISTING WILL PRODUCE ANY INQUIRY, BOOKING, EXPOSURE, RANKING, OR INCOME; OR (f) THE MARKETPLACE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
22.4 No advice or information, whether oral or written, obtained from us or through the Marketplace creates any warranty not expressly stated in these Terms. Some jurisdictions do not allow the exclusion of certain warranties; to the extent an exclusion is prohibited by law applicable to you, it does not apply, and the remaining exclusions continue in full force.
23. Limitation of Liability
23.1 Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE HOUSE KEE PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF RENTAL OR OTHER INCOME, LOST BOOKINGS OR OPPORTUNITIES, LOSS OF DATA, LOSS OF GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES OR ACCOMMODATIONS, PROPERTY DAMAGE, PERSONAL INJURY, OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE MARKETPLACE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
23.2 Aggregate cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE HOUSE KEE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE MARKETPLACE WILL NOT EXCEED THE GREATER OF (a) THE TOTAL SUBSCRIPTION FEES AND PAID SERVICE FEES YOU ACTUALLY PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED DOLLARS ($100). THIS CAP APPLIES IN THE AGGREGATE TO ALL CLAIMS AND IS NOT PER-INCIDENT.
23.3 No liability for others. WITHOUT LIMITING THE FOREGOING, THE HOUSE KEE PARTIES HAVE NO LIABILITY WHATSOEVER FOR: THE CONDUCT, ACTS, OR OMISSIONS OF ANY USER OR THIRD PARTY, ONLINE OR OFFLINE; ANY RENTAL ARRANGEMENT OR ITS PERFORMANCE, BREACH, OR CANCELLATION; THE CONDITION, SAFETY, LEGALITY, LICENSING, INSURANCE, OR SUITABILITY OF ANY PROPERTY; ANY PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, THEFT, OR LOSS OCCURRING AT OR IN CONNECTION WITH ANY PROPERTY; ANY FAILURE TO RENT OR TO OBTAIN ANY INQUIRY, BOOKING, OR INCOME; ANY ERROR, OMISSION, OR MISUSE BY YOU; ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR PAYMENT INFORMATION; ANY ACT OR OMISSION OF ANY PAYMENT PROCESSOR OR FINANCIAL INSTITUTION; OR ANY INTERRUPTION, SUSPENSION, OR DISCONTINUATION OF THE MARKETPLACE.
23.4 Basis of the bargain. You acknowledge that the disclaimers in Section 22 and the limitations in this Section 23 are essential elements of the basis of the bargain between you and us, that our Subscription pricing reflects this allocation of risk, and that we would not provide the Marketplace on these terms without them. These limitations apply even if a limited remedy fails of its essential purpose.
23.5 Legal exceptions. Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent any exclusion or limitation in this Section is prohibited by law applicable to you, it does not apply to you, and our liability is limited to the least extent permitted by that law. Nothing in these Terms excludes liability that cannot lawfully be excluded.
24. Indemnification
24.1 You will defend, indemnify, and hold harmless The House Kee Parties from and against any and all claims, demands, suits, proceedings, investigations, losses, damages, judgments, fines, penalties, settlements, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs of investigation and defense) arising out of or relating to: (a) your access to or use of the Marketplace; (b) your User Content or Listing; (c) any Rental Arrangement to which you are a party or any interaction with another User; (d) your breach of these Terms or of any representation or warranty in them; (e) your violation of any law or regulation, including any licensing, permitting, zoning, tax, fair housing, lead-based paint, safety, insurance, privacy, or communications requirement; (f) any injury, death, damage, or loss occurring at or in connection with your property; (g) your negligence, willful misconduct, or fraud; or (h) any inaccurate, incomplete, or misleading information you provide.
24.2 Procedure. We will notify you of any claim subject to indemnification. We may, at our option and at your expense, assume the exclusive defense and control of any such matter, in which case you will cooperate fully with us. You may not settle any claim in a manner that imposes any obligation or admission on any of The House Kee Parties without our prior written consent.
24.3 Survival. This Section survives termination of these Terms and of your account.
25. Term, Termination, and Suspension
25.1 Term. These Terms apply from your first access to the Marketplace and continue until terminated as provided in this Section.
25.2 Termination by you. You may terminate by cancelling any Subscription in accordance with Section 14.7, closing your account, and ceasing all use of the Marketplace.
25.3 Termination or suspension by us. We may suspend or terminate your access, your account, or any Listing, in whole or in part, at any time, with or without cause and with or without notice, including for breach of these Terms, non-payment, a chargeback, suspected fraud or illegality, risk to us or to other Users, or discontinuation of the Marketplace.
25.4 Effect of termination. Upon termination, your right to use the Marketplace ceases immediately, your Listings may be removed, and your User Content may be deleted. Termination does not entitle you to any refund, and all amounts accrued before termination remain due and payable. Termination does not limit any other right or remedy available to us.
25.5 Survival. Sections 2, 3, 6.2, 7, 8, 9, 10, 12.2 through 12.4, 14 (as to amounts accrued), 15, 17, 18, 20, 21, 22, 23, 24, 25.4, 25.5, 26, 28, 29, 30, 31, 32, and 33, and any other provision that by its nature should survive, survive termination.
26. Force Majeure
We are not liable for any delay in or failure of performance caused by circumstances beyond our reasonable control, including acts of God; severe weather, hurricane, flood, or storm; fire; earthquake; epidemic, pandemic, or public health emergency or order; war, terrorism, civil unrest, or military action; governmental action, law, order, or restriction; any change to, restriction on, postponement of, or cancellation of Commissioning Week or any United States Naval Academy or governmental event; labor dispute; failure or interruption of utilities, telecommunications, internet, hosting, or payment processing services; cyberattack, denial of service, or data breach; or shortage of materials or personnel. Subscription fees paid or accrued remain non-refundable in any such event.
27. Changes to These Terms
27.1 We may modify these Terms at any time. We will post the amended Terms on the Marketplace and update the “Last Updated” date. For material changes, we will provide at least thirty (30) days’ notice by email to the address associated with your account or by conspicuous notice on the Marketplace before the changes take effect.
27.2 Your continued access to or use of the Marketplace after the effective date of amended Terms constitutes your acceptance of them. If you do not agree, you must stop using the Marketplace and cancel any Subscription before the effective date.
27.3 Notwithstanding the foregoing, amendments to Section 28 (Dispute Resolution) will not apply to any dispute for which a Notice of Dispute was delivered before the amendment’s effective date.
28. Dispute Resolution; Binding Arbitration; Class Action Waiver
28.1 PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION.
28.2 Informal resolution first (mandatory). Before commencing any arbitration or lawsuit, the party raising the dispute must send the other a written “Notice of Dispute” describing the nature and basis of the claim and the specific relief sought. Your Notice of Dispute must be sent to The House Kee, LLC, 7210 Manatee Ave W #1009, Bradenton, FL 34209, and to cwterms@thehousekee.com and must include your name, the email address associated with your account, and your mailing address. Ours will be sent to the email address associated with your account. The parties will attempt in good faith to resolve the dispute for sixty (60) days after the Notice is received. This informal process is a condition precedent to commencing arbitration or litigation, and the applicable statute of limitations is tolled during it.
28.3 Agreement to arbitrate. If the dispute is not resolved under Section 28.2, then, except as provided in Sections 28.9 and 28.10, you and The House Kee agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Marketplace, any Listing, any Subscription or charge, any communication or advertising concerning them, or the relationship between us — including questions of the formation, scope, interpretation, applicability, enforceability, revocability, or validity of this arbitration agreement — will be resolved exclusively by final and binding individual arbitration, and not in a court of law.
28.4 Federal Arbitration Act. This Section evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs its interpretation and enforcement.
28.5 Forum and rules. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by this Section. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Section, the parties will select an alternative administrator or, failing agreement, a court of competent jurisdiction will appoint one. The AAA’s rules and forms are available at www.adr.org. The arbitration will be conducted by a single neutral arbitrator. Unless the parties agree otherwise, the seat and any in-person hearing will be in Anne Arundel County, Maryland; if your claim is for $25,000 or less, you may elect to proceed by written submissions only or by telephone or videoconference.
28.6 Arbitrator’s authority. The arbitrator may award any individual relief that a court could award under applicable law, including statutory damages and, where authorized by statute, attorneys’ fees, and must honor the defenses, limitations, and disclaimers in these Terms. The arbitrator will issue a reasoned written award. The award is final and binding, and judgment on it may be entered in any court of competent jurisdiction.
28.7 Fees. Payment of filing, administration, and arbitrator fees will be governed by the applicable AAA rules, except that we will pay any portion of those fees that the AAA rules assign to us and any portion that a court or the arbitrator determines we must pay for this Section to be enforceable. Each party otherwise bears its own attorneys’ fees and costs, except where a statute or the arbitrator’s award provides otherwise.
28.8 CLASS ACTION AND JURY TRIAL WAIVER. YOU AND THE HOUSE KEE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. YOU AND THE HOUSE KEE FURTHER WAIVE ANY RIGHT TO A TRIAL BY JURY. If a court decides that this Section 28.8 is unenforceable as to a particular claim or request for relief, then that claim or request for relief — and only that claim or request for relief — will be severed from the arbitration and may be brought in a court of competent jurisdiction, and the remaining claims will proceed in arbitration. Except as stated in the preceding sentence, this Section 28.8 is not severable from the agreement to arbitrate; if it is found wholly unenforceable, the entire agreement to arbitrate in this Section 28 is void.
28.9 YOUR RIGHT TO OPT OUT. You may opt out of this Section 28 by sending written notice within thirty (30) days after you first accept these Terms to cwterms@thehousekee.com or The House Kee, LLC, 7210 Manatee Ave W #1009, Bradenton, FL 34209, stating your full name, the email address associated with your account, and a clear statement that you wish to opt out of the arbitration agreement. An opt-out notice sent after that period is not effective. Opting out does not affect any other provision of these Terms, and we will not retaliate against you for opting out. If you opt out, Section 29 governs.
28.10 Exceptions. Either party may (a) bring an individual action in small claims court for any claim within that court’s jurisdiction, so long as it remains an individual action in that court, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or unauthorized access to the Marketplace. Seeking such relief is not a waiver of this Section.
28.11 Survival. This Section survives termination of these Terms and of your account.
29. Governing Law and Venue
These Terms and any dispute arising out of or relating to them or to the Marketplace are governed by the laws of the State of Maryland, without regard to its conflict of law rules, and by applicable federal law. For any dispute not subject to arbitration under Section 28, you and we consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Anne Arundel County, Maryland, and waive any objection based on lack of personal jurisdiction, improper venue, or forum non conveniens. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
30. Time Limitation on Claims
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE MARKETPLACE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED.
31. Electronic Communications and Consent
31.1 Consent. You consent to receive all communications, agreements, notices, disclosures, receipts, renewal reminders, and other records from us electronically, by email to the address associated with your account or by posting on the Marketplace. You agree that electronic communications satisfy any legal requirement that a communication be in writing, and that your electronic acceptance of these Terms constitutes your signature under the federal E-SIGN Act and the Maryland Uniform Electronic Transactions Act.
31.2 Requirements. To receive electronic communications you must maintain a valid email address, internet access, and software capable of reading PDF and web content. You must keep your email address current; communications sent to the address on file are effective whether or not you actually receive or read them.
31.3 Withdrawal. You may withdraw consent to electronic communications by closing your account and cancelling any Subscription. Because the Marketplace is provided electronically, withdrawal of consent means you may no longer use it.
31.4 Marketing. We may send you service and transactional messages, which you cannot opt out of while you maintain an account. You may opt out of marketing emails at any time using the unsubscribe link. If you provide a mobile number and consent to text messages, standard message and data rates may apply and you may opt out by replying STOP.
32. Notices
32.1 To you. We may give notice by email to the address on your account, by posting on the Marketplace, or by mail to any address you have provided. Notice is effective when sent or posted.
32.2 To us. Except for a Notice of Dispute under Section 28.2 or a DMCA notice under Section 19, notices to us must be sent to The House Kee, LLC, 7210 Manatee Ave W #1009, Bradenton, FL 34209, with a copy by email to cwterms@thehousekee.com. Notice is effective on receipt.
33. General Provisions
33.1 Entire agreement. These Terms, together with the Privacy Policy and any additional terms expressly incorporated, constitute the entire agreement between you and The House Kee regarding the Marketplace and supersede all prior or contemporaneous understandings, representations, and agreements, whether written or oral. You acknowledge that you have not relied on any statement, promise, or representation not expressly set out in these Terms.
33.2 Severability. If any provision is held invalid, illegal, or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed, and the remaining provisions will continue in full force and effect. Section 28.8 governs severability within the arbitration agreement.
33.3 No waiver. No failure or delay in exercising any right operates as a waiver of it, and no single or partial exercise precludes any further exercise. Any waiver must be in writing and signed by the waiving party.
33.4 Assignment. You may not assign or transfer these Terms or any right or obligation under them, by operation of law or otherwise, without our prior written consent; any attempted assignment is void. We may freely assign these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.
33.5 Third-party beneficiaries. The House Kee Parties are intended third-party beneficiaries of Sections 21, 22, 23, and 24 and may enforce them directly. There are no other third-party beneficiaries.
33.6 Relationship. You and The House Kee are independent contracting parties. Nothing creates any partnership, joint venture, agency, employment, or franchise relationship.
33.7 Export and sanctions. You represent that you will comply with all applicable United States export control and economic sanctions laws in your use of the Marketplace.
33.8 Language. These Terms are drafted in English, and the English version controls in the event of any conflict with a translation.
33.9 Force of headings. Section headings are for convenience only and do not affect the meaning or interpretation of any provision.
34. Contact Us
Questions about these Terms may be directed to:
The House Kee, LLC
7210 Manatee Ave W #1009, Bradenton, FL 34209
Support: cwsupport@thehousekee.com | Billing: cwbilling@thehousekee.com | Legal notices: cwterms@thehousekee.com | Phone: (410) 941-8900
BY CLICKING “I AGREE,” CREATING AN ACCOUNT, PUBLISHING A LISTING, OR PURCHASING A SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, THAT YOU AGREE TO BE BOUND BY THEM, THAT YOU UNDERSTAND YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND CHARGE YOUR PAYMENT METHOD UNTIL YOU CANCEL, AND THAT YOU AGREE TO RESOLVE DISPUTES BY INDIVIDUAL ARBITRATION AS SET OUT IN SECTION 28.