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Tucker Terms of Service

By clicking “I Accept” (or words to similar effect) or otherwise accessing or using Tucker (“Tucker”) and the website at https://www.tuckerstay.com/, as well as any related other services provided by Tucker (collectively, the “Service(s)”), you agree that you have read and understood, and agree to be bound by, this agreement (this “Agreement”). If you do not agree with all of these terms of use, you are expressly prohibited from using the Services.

By booking accommodation with SCG STR Management Co., L.L.C. (“Host” or “us”) you are agreeing to the following terms and conditions. A booking is a limited license to enter, occupy and use a property offered through the Services (each, a “Property”).

Eligibility

You must be at least 18 years old to use the Service. By accessing the Services, you represent and warrant that

(i) you are at least 18 years old, and (ii) your information provided and use of the Service and a Property is not prohibited by laws, rules or regulations.

Registration

You represent and warrant that any and all information provided through Tucker is accurate and provided in compliance with all laws, rule or regulations. You acknowledge and agree that we may perform background checks prior to, or during, a stay at a Property. Further, we may provide such information to a manager of a Property prior to, or during, a stay at a Property.

Payment

By utilizing the Services, you authorize us to charge all applicable sums, including applicable taxes, to the form of payment provided in your registration with Tucker. All payments shall be made via credit or debit card. Full payment is required upon confirming your booking. Prior to confirming your booking at a Property, all applicable sums will be presented to you for authorization.

In the event you modify or extend your booking at a Property, you may be subject to additional fees and charges. If you modify or extend your booking, you will be charged the applicable fees associated with such modification or extension.

Tucker reserves the right to require a security deposit payment for any booking at the time of booking (the “Security Deposit”). The Security Deposit is a refundable amount that covers excess costs associated with your booking, including, but not limited to, Property damages, excessive cleaning, and missing items from the Property (collectively, the “Excessive Damages”). The Security Deposit shall be returned to the guest upon check-out, subject to deduction for Excessive Damages associated with your booking.

Cancellation

Both parties may cancel a booking at any time for any reason or no reason up in accordance with the cancellation policy of the Property and as further described on Exhibit A attached hereto.

Use of a Property

Subject to your compliance with applicable laws, rule, regulations and any Property-specific rules and regulations, you are granted a limited, exclusive, revocable, non-transferable license to occupy the specific unit at the specific Property for the duration of your booking for personal use only.

Information on the check-in and check-out procedure and access to the accommodation will be provided separately.

You and your guests may use the specific Property’s amenities made available for common use of residents at the Property. Notwithstanding the foregoing, use of such amenities may be limited, revoked or suspended from time to time. You and your guests agree to comply with all rules and regulations applicable to such amenities and shall be responsible for any and all damage resulting to such amenities caused, directly or indirectly, by your or your guests’ use. ANY USE OF SUCH AMENITIES IS AT YOUR AND YOUR GUESTS’ OWN RISK AND YOU AND YOUR GUESTS RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ANY TUCKER ENTITIES IN CONNECTION WITH ANY USE OF SUCH AMENITIES. YOU AGREE THAT, AT OUR REQUEST AT ANY TIME, YOU AND/OR YOUR GUESTS WILL EXECUTE AND DELIVER A COMMERCIALLY REASONABLE FORM OF WAIVER AND RELEASE TO CONFIRM THE WAIVER AND RELEASE SET FORTH HEREIN AND THAT YOUR AND/OR YOUR GUESTS’ USE OF THE AMENITIES MAY BE CONDITIONED ON YOUR AND/OR YOUR GUESTS’ EXECUTION AND DELIVERY OF SUCH WAIVER AND RELEASE.

You agree to maintain the condition of your booked unit in the same condition as when you arrived, including, but not limited to, all furniture, decorations, upholstery, appliances or other fixtures in the booked unit. You shall be responsible for any and all damage resulting to such portions of the booked unit caused as a, direct or indirect, result of your or your guests’ use of the unit. If we reasonably believe that you or your guests have damaged a portion of the booked Property, we will provide you with notice and evidence of such damage. After a reasonable period from such notice, you acknowledge and agree that we may charge your on file payment method for the full cost of such damage, including, but not limited to, any lost revenue incurred as a result of such damage.

During the duration of your booking, we reserve the right to enter your reserved unit as reasonably necessary to ensure the safety of the Property is maintained, or as otherwise authorized by you.

During the duration of your booking, you are responsible for the conduct of all persons staying, or visiting on your behalf, at the Property and shall ensure that they comply with these terms and conditions. In particular you and your guests must not:

  1. Bring any potentially dangerous or hazardous materials or equipment onto the premises;
  2. Tamper with any smoke detectors, carbon monoxide detectors, fire alarms, emergency equipment, or other similar safety features of the specific Property;
  3. Remove, damage or destroy any property of the specific Property;
  4. Cause unreasonable disturbance to our other guests or tenants of the Property;
  5. Fail to return your keys at the end of your stay as we may have to replace the corresponding

We are not responsible for any of your or your guests’ property or personal items during the term of your booking or that which you may leave in the booked unit after your booking has expired or terminated. All personal items must be removed from the booked unit at the expiration or termination of your booking. You may be responsible for the costs of removing, storing or disposing of any personal items you or your guests may leave at the booked unit.

Term

This agreement is effective as of the earlier of (i) your acceptance of this agreement, or (ii) your use of the Services provided by us. To the extent permitted by law, if you or your guests violate any provision of this agreement, any and all licenses to you, any permission to use any Property, and this agreement automatically terminate without notice to you and, we reserve all rights and remedies available to us at law and equity including, without limitation, the right to remove you and your guests from any Property. In addition, we may, in our sole discretion, subject to compliance with all applicable law, terminate this Agreement or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice.

You may terminate this agreement and your account with us at any time upon written notice to us at [email protected] and requesting deletion of your account.

Upon termination of this agreement, whether by you or us, all unpaid amounts due prior to termination shall become immediately due and payable.

Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify us and our officers, directors, employees, contractors, consultants, affiliates, subsidiaries, agents, and Property owners (and their property managers, service providers, and agents) (individually a “Tucker Entity” and collectively the “Tucker Entities”) from and against every claim brought by a third party, and any related liability, direct or indirect damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your and/or your guests’ use of the Service or your and/or your guests’ occupation of the Properties; (b) your and/or your guests’ breach or violation of any portion of this agreement, any representation, warranty, or agreement referenced in this agreement, or any applicable law, rule, or regulation (including those put in place by a Property’s owner from time to time); (c) your and/or your guests’ infringement, misappropriation, or violation of any third party’s right, including any intellectual property rights (including rights to trade secrets and moral rights), or any privacy, publicity, confidentiality, contractual, property, or other rights; (d) any dispute or issue between you and/or your guests’ and any third party; or (e) any injury, death, or damages sustained by any individual or entity, or to the property of the same (including any pets), where such injury, death, or damage is caused, directly or indirectly, by your and/or your guests’ acts or omissions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to fully cooperate with our defense of those claims. 

Insurance

For the avoidance of doubt, Host does not provide any insurance coverage for your or your guests’ personal belongings. Any desired insurance during the duration of your stay for you and/or your guests must be arranged, obtained and paid for solely by you or your guests.

Warranties

THE SERVICE, PROPERTIES, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE AND PROPERTIES ARE PROVIDED “AS IS”. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, PROPERTIES, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE AND PROPERTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

WE DO NOT MAKE ANY WARRANTY REGARDING THE QUALITY OF ANY ASPECT OF THE SERVICE, PROPERTIES, OR MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE OR PROPERTIES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE FOREGOING.

YOU UNDERSTAND AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OF ANY THIRD PARTY (INCLUDING PETS) OR ANY CONDITION OR CIRCUMSTANCE (E.G., CONSTRUCTION) OUTSIDE A PROPERTY. FOR THE AVOIDANCE OF DOUBT, YOU UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY AND ALL CLAIMS RESULTING FROM THE MISCONDUCT OF ANY PROPERTY MANAGER, OTHER GUEST OR RESIDENT AND THAT SUCH CLAIMS ARE TO BE BROUGHT AGAINST SUCH PROPERTY MANAGER, OTHER GUEST OR RESIDENT DIRECTLY.

WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE, PROPERTIES, OR ANY OTHER USER, OR ANY GUESTS, INVITEES, OR PETS, OF THE SAME. YOU UNDERSTAND AND AGREE THAT YOU USE ANY ASPECT OF THE SERVICE AND PROPERTIES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY OF YOUR PROPERTY OR THE PROPERTY OF YOUR GUESTS OR OTHERS KEPT OR STORED IN OR ABOUT THE PROPERTIES OR ANY PERSONAL INJURY OR DEATH.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT WE ARE PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR ANY LOSS OF PROFITS, REPUTATION, GOODWILL, INCOME, SALES, REVENUE, OR DATA.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR YOUR GUESTS FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO YOUR USE OF, OR YOUR USE, THE SERVICE, PROPERTIES, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE OR PROPERTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY. ANY USE OF THE SERVICE, PROPERTIES, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE OR PROPERTIES IS AT YOUR AND YOUR GUESTS’ OWN RISK AND YOU AND YOUR GUESTS RELEASE, DISCHARGE, AND COVENANT NOT TO SUE US IN CONNECTION WITH ANY SUCH USE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL BE LIMITED TO THE GREATER OF (i) THE TOTAL VALUE OF YOUR BOOKING, OR (ii) $1,000.

WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSS SUFFERED BY YOU OR YOUR GUESTS AS A RESULT OF AN EVENT OF FORCE MAJEURE, INCLUDING, BUT NOT LIMITED TO,

ANY ACT OF GOD, LABOR DISTURBANCE, SABOTAGE, WAR, INVASION, ACTS OF TERRORISM, CIVIL OR MILITARY DISTURBANCES, INSURRECTION, RIOT, POWER FAILURES, FIRE, STORM, FLOOD, ICE EARTHQUAKE, EXPLOSION, EPIDEMIC, PANDEMIC AND ANY OTHER SUCH CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.

Miscellaneous 

Notice. Unless specified otherwise, any notices or other communications to you permitted or required under this Agreement, will be provided electronically and given by Tucker via email, Tucker Services notification, messaging service (including SMS), or any other contact method Tucker enables and you provide.

Emails and SMS. You will receive administrative communications from Tucker using the email address or other contact information you provide for your Tucker account. You may also receive promotional emails from Tucker. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your Tucker account settings. If you consent to receive SMS (text messages) from Tucker, you will be subject to Tucker’s SMS Terms.

SMS Terms
For text messaging in the United States, by requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages (“Opt In”) or using a Tucker arrangement in which Tucker sends (or indicates that it may send, or receives a request that it send) one or more text messages (“Text Message Service”), you accept these SMS Terms for U.S. (“SMS Terms”). Message and data rates may apply.

Tucker will use reasonable commercial efforts to deliver automated text messages to the mobile number you provide. Tucker is not liable for delayed or undelivered messages.

By Opting In to a Text Message Service:

  • You expressly authorize Tucker to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your Opt In. You also authorize Tucker to include marketing content in any such messages. You do not have to Opt In or agree to Opt In as a condition of purchase.
  • You consent to the use of an electronic record to document your Opt In. If you withdraw your consent, certain features of our service may not be available to you.
  • You confirm that you are the current subscriber to the Opted In mobile phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.

These terms and conditions constitute the entire agreement of the parties and supersedes all prior agreements, understandings, representatives or communications of any kind between the parties relating to the subject matter hereof. We may transfer or assign this agreement, in whole or in part, at any time for any reason or no reason without notice to, or consent of, you. A waiver by us of any provision of this agreement will not be deemed to be a waiver of any subsequent breach of the same or any other provision of the agreement. Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of any provision. Nothing in this Agreement will affect your statutory rights as a consumer. Throughout this Agreement the use of the word “including” means “including but not limited to”. If any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. This Agreement may be amended, supplemented or modified at any time for any reason or no reason at all. Nothing in this agreement is intended to, nor shall, confer any rights on a third party unless expressly provided otherwise.