TERMS OF SERVICE

REVISED: MARCH 6, 2016

Pineapple Plush Homes, LLC (“Pineapple Plush Homes”) is the owner of this website and is a short term rental management company servicing vacation, business, and extended stay rentals. Pineapple Plush Homes is sometimes referred to here as “we,” “us,” or “our” and you, the User is sometimes referred to as “you,” “your,” “host,” or “guest.”
These Terms of Service (these “Terms”) form an agreement between Pineapple Plush Homes and the users (each a “User”) of the Pineapple Plush Homes website and services (collectively, the “Site” and the “Services”). Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Pineapple Plush Homes. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Pineapple Plush Homes may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. You agree that Pineapple Plush Homes shall not be liable to you for any termination of the Services or these Terms or for any effects of any termination. You are free to discontinue your use of the Pineapple Plush Homes Services at any time. You understand that any termination of your Pineapple Plush Homes account may involve deletion of any content stored in your Pineapple Plush Homes Account for which Pineapple Plush Homes will have no liability whatsoever.
Pineapple Plush Homes may amend the Terms related to the Services from time to time. Amendments will be effective upon Pineapple Plush Homes posting of such updated Terms at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. Please check the bottom of this page for the most current revision date.
1. Defined Terms
(a) “Host” means a Member who is an owner or Authorized Tenant of an Accommodation and who is using the Services in connection with the listing and rental of an Accommodation principally through a Third Party Platform.
(b) “Guest” means a Member who uses the Services in connection with its rental of an Accommodation from a Host principally through a Third Party Platform.
(c) “Member” means a person who completes the account registration process, including Hosts and Guests.
(d) “Authorized Tenant” means a non-owner Host that has the authority to rent an Accommodation.
(e) “Accommodation” means a residential or other property that is rented from a Host by a Guest.
(f) “Third Party Platform” means a third party booking agent or hosting platform that connects Hosts who have Accommodations to rent with Guests seeking to rent Accommodations.
2. Services
(a) Pineapple Plush Homes solely provides services to Hosts and Guests to facilitate a booking transaction between Host and Guest. Pineapple Plush Homes responsibilities are limited to assisting Hosts with optimizing the listing and booking of Accommodations and providing Guest support services.
(b) Pineapple Plush Homes assists Hosts with marketing and preparing their Accommodations for rental. This may include assistance with determining the optimal price for the rental of an Accommodation. Pineapple Plush Homes will also assist Hosts by working with potential Guests to answer questions and arrange for the rental of Accommodations. Pineapple Plush Homes also may assist Hosts with marketing their listings on Third Party Platforms. Pineapple Plush Homes may also offer assistance with third party vendors to provide guest management services, including scheduling professional cleanings and arranging for maintenance of the property.
(c) Fees for services will be posted on the Site and will be subject to change at any time with or without notice. Pineapple Plush Homes offers a 30-day refund policy, whereby you may receive a refund for 100% of the costs paid to Pineapple Plush Homes if you are not satisfied with the services you receive in the first 30-days. Claims for refunds should be made via email to info@pineappleplushhomes.com and must be made within 30-days of signup.
3. Host Services
(a) The following services may be restricted to certain locations and may be available at a higher cost.
i. Home Specialists – Pineapple Plush Homes Hosts will receive a brief in person home consultation from one of Pineapple Plush Homes qualified home specialists. Pineapple Plush Homes will help list and or enhance each home by reviewing and discussing the features the home has to offer. Pineapple Plush Homes will take quality photos of the listing and may stage the home for its optimal appearance and functionality.
ii. 24/7 Booking Team – Pineapple Plush Homes has a dedicated booking team that is available 24/7. The booking team will ensure that all questions and reservations are answered in a timely manner. A response within 24 hours is the normal but Pineapple Plush Homes works to respond to all inquiries within one hour. Pineapple Plush Homes also screens each Guest, for security and compatibility.
iii. Pricing Optimization – The Pineapple Plush Homes pricing optimization uses an algorithm to determine the best price and updates pricing each night, similar to methods hotels use to maximize their profits (where available).
iv. Listing Optimization – Pineapple Plush Homes will customize each listing to accurately reflect the property and its suitability for a certain Guest profile.
v. Cleaning Specialists – Pineapple Plush Homes provides professional cleaning service between each and every stay.
vi. Maintenance – Pineapple Plush Homes can arrange for plumbing, electric, air-conditioning, and more services. Pineapple Plush Homes will make a reasonable effort to repair any problem in a timely manner, caring for each home and making it booking ready as soon as possible. Pineapple Plush Homes will perform routine maintenance on the property in its sole discretion and in accordance with the Hosts maintenance preapproval limit which is set at $250 by default. Hosts may designate a higher limit with the consent of Pineapple Plush Homes.
4. Guest Services
(a) The following services may be restricted to certain locations and may be available at a higher cost.
i. Toiletries – Pineapple Plush Homes supplies toiletries to each guest.
ii. Linens and Towels – Pineapple Plush Homes supplies each guest with high quality linens and towels.
iii. Key Exchange – Pineapple Plush Homes will make a reasonable effort to welcome guests in person. However, Pineapple Plush Homes offers lock boxes and key codes giving guests the ability to arrive and depart at times that are the most convenient for them.
iv. Beverages – Pineapple Plush Homes provided Guests with Bottled Water, Coffee, and Tea.
5. License
(a) Subject to your compliance with these Terms, Pineapple Plush Homes grants you a limited, non-exclusive, revocable, non-transferrable license to: (i) access and use the Applications on your computer or personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Pineapple Plush Homes.
6. Restrictions
(a) You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Pineapple Plush Homes; (iii) link to, mirror or frame any portion of the Services; (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services; or (v) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
7. Third Party Services
(a) THE SERVICES MAY BE MADE AVAILABLE OR ACCESSED IN CONNECTION WITH THIRD PARTY PROVIDERS OR THIRD PARTY PLATFORMS. PINEAPPLE PLUSH HOMES DOES NOT ENDORSE SUCH THIRD PARTIES AND IN NO EVENT SHALL PINEAPPLE PLUSH HOMES BE RESPONSIBLE OR LIABLE FOR ANY PRODUCTS OR SERVICES OF SUCH THIRD PARTY PROVIDER.
8. Registration and User Accounts
(a) In order to use the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Pineapple Plush Homes certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Pineapple Plush Homes termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.
9. User Requirements and Conduct
(a) The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to use Third Party Providers unless you are present throughout the entire session. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
10. User Provided Content
(a) Pineapple Plush Homes may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Pineapple Plush Homes through the Services textual, audio, and/or visual content and information, including reviews, commentary and feedback related to the Services. Any User Content provided by you remains your property, however, by providing User Content to Pineapple Plush Homes, you grant Pineapple Plush Homes a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Pineapple Plush Homes business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Pineapple Plush Homes the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Pineapple Plush Homes use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You further agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Pineapple Plush Homes in its sole discretion, whether or not such material may be protected by law. Pineapple Plush Homes may, but shall not be obligated to, review, monitor, or remove User Content, at Pineapple Plush Homes sole discretion and at any time and for any reason, without notice to you.
11. User Communication and Interaction With Members
(a) YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS OF THE SITE AND SERVICES AND YOU WILL EXERCISE CAUTION, DISCRETION, COMMON SENSE AND JUDGMENT IN, USING THE SITE OR SERVICES AND DISCLOSING PERSONAL INFORMATION TO MEMBERS AND PINEAPPLE PLUSH HOMES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET WITH ANY SUCH MEMBERS IN PERSON. YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK AND DISCRETION AND PINEAPPLE PLUSH HOMES HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU OR ANY THIRD PARTY RELATING THERETO. PINEAPPLE PLUSH HOMES IS NOT RESPONSIBLE, AND DISCLAIMS ALL RESPONSIBILITY, FOR THE USE OR EXCHANGE OF ANY INFORMATION AMONG MEMBERS. PINEAPPLE PLUSH HOMES IS NOT RESPONSIBLE FOR ANY DAMAGE OR DESTRUCTION TO ANY ACCOMMODATION, DAMAGE TO PERSONAL PROPERTY OR PERSONAL INJURY TO A HOST OR GUEST
12. No Warranties
(a) YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER WE NOR OUR AFFILIATED COMPANIES NOR ANY OF OUR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE “PINEAPPLE PLUSH HOMES PARTIES”) WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES, ACCOMMODATIONS OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF WARRANTY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION
13. Limitation of Liability
(a) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND SERVICES REMAINS WITH YOU. WE AND THE PINEAPPLE PLUSH HOMES PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, INCLUDING WITHOUT LIMITATION THIRD PARTY PLATFORMS, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL WE, THE PINEAPPLE PLUSH HOMES PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER WE NOR THE PINEAPPLE PLUSH HOMES PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, INCLUDING, WITHOUT LIMITATION, PRICING OR AVAILABILITY INFORMATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF WE AND THE PINEAPPLE PLUSH HOMES PARTIES TO YOU OR ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SITE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS ($100).
(b) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU SHOULD CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
(c) IN ACCORDANCE WITH THESE TERMS, YOU UNDERSTAND AND AGREE THAT (1) PINEAPPLE PLUSH HOMES IS NOT A REAL ESTATE BROKER, AGENT, INSURER, BOOKING AGENT OR HOSTING PLATFORM, NOR IS IT AN OWNER OR PROVIDER OF ACCOMMODATIONS (THOUGH PINEAPPLE PLUSH HOMES MAY, IN ITS SOLE DISCRETION, RENT OR OWN PROPERTIES), TRANSPORTATION, TRAVEL SERVICES OR OTHER SERVICES PROVIDED BY THIRD PARTIES THROUGH THE SITE OR SERVICE; (2) PINEAPPLE PLUSH HOMES IS NOT A PARTY TO ANY AGREEMENT BETWEEN A THIRD PARTY PLATFORM AND A HOST OR GUEST OR ANY AGREEMENT BETWEEN A HOST AND A GUEST; (3) PINEAPPLE PLUSH HOMES DOES NOT AND CANNOT CONTROL THE CONTENT CONTAINED IN ANY LISTING OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS; (4) PINEAPPLE PLUSH HOMES IS NOT RESPONSIBLE FOR THE COMPLIANCE WITH ANY LAWS BY YOU OR ANY THIRD PARTY PLATFORM; (5) PINEAPPLE PLUSH HOMES HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USES OF THE SERVICES OR ANY ACCOMMODATIONS; AND (6) AS SET FORTH IN THIS SECTION ENTITLED “LIMITATION OF LIABILITY”, PINEAPPLE PLUSH HOMES IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS TO THE MAXIMUM EXTENT PERMITTED BY LAW. BOOKINGS WILL BE MADE AT THE HOST’S AND GUEST’S OWN RISK.
14. Dispute Resolution and Arbitration
(a) You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Pineapple Plush Homes, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Pineapple Plush Homes are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Pineapple Plush Homes otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
(b) THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR PINEAPPLE PLUSH HOMES WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
15. Indemnification
(a) You agree to defend, indemnify, hold harmless Pineapple Plush Homes, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders from and against all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site and Services, any Member Content submitted by you and any breach by you of these Terms.
16. Assignment
(a) You may not assign these Terms without Pineapple Plush Homes prior written approval. Pineapple Plush Homes may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Pineapple Plush Homes equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
17. No Joint Venture
(a) No joint venture, partnership, employment, or agency relationship exists between you, Pineapple Plush Homes or any Third Party as a result of this Agreement or use of the Services.
18. Copyright Policy
(a) We respect the intellectual property rights of others. Please notify us in writing, by e-mail or mail to our designated agent listed below, if you believe that a user of the website or Services has infringed your intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”).
19. General Terms
(a) If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
(b) Pineapple Plush Homes failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Pineapple Plush Homes in writing.
(c) Any notices or other communications permitted or required hereunder by Pineapple Plush Homes will be in writing and given by Pineapple Plush Homes either by email or by posting to this website. Any notices or other communications permitted or required hereunder by the User will be in writing and given by the User via email to info@pineappleplushhomes.com.
(d) These Terms are governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of law principles. Any dispute brought under these Terms or related to your use of the Site or the Services shall be brought exclusively in the state and federal courts of Miami-Dade County, Florida.
(e) Your use of the Services may also be subject to other local, state, national and international laws. For example, some jurisdictions have laws that prohibit or restrict short-term rental of residential dwellings, including single family residences, condominiums and apartments. In certain jurisdictions, Hosts may have to meet certain qualifications, register or obtain a permit or license before listing or renting a residential dwelling. Hosts may also be subject to community, bylaws and other agreements that apply to residences, condominiums and apartment buildings. You may be liable for civil and criminal penalties for the violations of these laws and regulations. You are responsible to review local, state and Federal laws and regulations applicable to you and consult with an attorney prior to listing an Accommodation on a Third Party Platform or using the Services.
(f) Pineapple Plush Homes is committed to helping you safeguard your privacy online. Please review our privacy policy for details about how we collect, use, and disclose information.
(g) If you have any questions about these Terms, please contact Pineapple Plush Homes at info@pineappleplushhomes.com.