BEHERE INC.

USER TERMS AND CONDITIONS

IMPORTANT NOTICE TO USERS:

THESE TERMS AND CONDITIONS CONSTITUTE A PART OF YOUR CONTRACT WITH BEHERE AND, UPON ACCEPTANCE OF YOUR APPLICATION, GOVERN YOUR BEHERE EXPERIENCE WHICH YOU ARE INVITED TO JOIN AND CONSTITUTE A BINDING CONTRACT AND TERMS AND CONDITIONS GOVERNING YOUR RIGHTS AND THE RELATIONSHIP BETWEEN YOU AND BEHERE.

BEHERE MAKES NO VERBAL OR WRITTEN REPRESENTATION, WARRANTY OR AGREEMENTS WITH RESPECT TO ANY BEHERE EXPERIENCE AND BEHERE’S RESPONSIBILITIES AND LIABILITIES ARE EXPRESSLY LIMITED AS PROVIDED IN THESE TERMS AND CONDITIONS.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE JOINING BEHERE.

BY JOINING BEHERE, YOU CERTIFY THAT YOU ARE AN ADULT WITH FULL AUTHORITY TO ENTER INTO THIS CONTRACT WITH BEHERE AND THAT YOU HAVE READ AND UNDERSTAND AND ACCEPT THESE TERMS AND CONDITIONS AS AN INTEGRAL PART OF YOUR AGREEMENT AND CONTRACT WITH BEHERE.

RESPONSIBILITY

BEHERE is a flexible living platform as outlined on its website (www.gobehere.com ) in such capacity we organize and negotiate BEHERE experience arrangements that are provided by independent third party providers.  All services provided in connection with, before, during or after a experience, including but not limited to housing, workspace and fitness studios, are provided, owned and operated by independent third party providers, whose employees, facilities, products and services are not subject to BEHERE’s supervision or control and BEHERE is not their agent or responsible for their actions or inaction. In such capacity, BEHERE acts only as an arranger for any apartment, workspace, gym or other suppliers of services connected with BEHERE experience (“other providers”), and the other providers are solely responsible and liable for providing their respective products, provisions and services.

The responsibility of BEHERE in connection with your experience is strictly limited.  BEHERE makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any other provider and any transportation, tours, services, products or facilities provided by other providers.  We are not liable for any claim for loss, damage, injury death, misrepresentation, delay, inconvenience or disappointment, arising from any action or inaction by any other provider, including but not limited to any negligent or willful act or failure to act of any other provider or of any other third party.  You assume the risk of BEHERE’s negligence.  

We will not be liable to you in any claim for other than compensatory damages, including but not limited to any indirect, consequential, punitive, special or exemplary, or incidental damages, however caused and whether sought in contract, tort or under any other theory of liability, and regardless of whether we have been advised of the possibility of such damages.

In connection with your experience, BEHERE shall not be liable to any user for damages for emotional distress, mental suffering or psychological injury of any kind, under any circumstances.

BEHERE experiences are in a large number of countries around the world.  You agree to assume responsibility for your own safety, and we cannot guarantee your safety at any time.  Local conditions, including infrastructure, road conditions, medical care, safety and security, may differ significantly from those found in your home country. At any given moment there are also likely to be “trouble spots” in the world in terms of war, terrorism, crime, Acts of God, civil commotions, labor trouble, and/or other potential sources of harm. The United States Department of State and other governmental and tourist organizations provide information on foreign countries, including details of local conditions in specific cities and countries according to such agency’s perception of risks to travelers. We strongly recommend you obtain and consider such information when making travel decisions.  We assume no responsibility for gathering such information or providing it to you.

During your experience, the availability of medical care may be limited or delayed.  You acknowledge that your experience may be in areas where medical care and evacuation may not be available.  You agree to indemnify and reimburse BEHERE in the event BEHERE elects to advance the cost of emergency medical care, including medical care provided as well as transportation and/or lodging in connection therewith.

For your benefit, we strongly recommend that you purchase travel protection to protect against loss or damage to baggage and personal effects, trip cancellation and interruption, emergency evacuation, accidental death or injury, illness and medical expenses sustained or incurred in connection with your experience.

BEHERE INC., its subsidiaries, affiliates, managers, members, successors, employees, agents, representatives, assigns (collectively “BEHERE”) and its designated team members shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons suffered during an experience, whether or not occasioned directly or indirectly by an act or omission of BEHERE or any other provider, including but not limited to any latent or undisclosed defect in any apartment or other service or property operated or provided by any other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the other providers, or any laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. The user waives any claim against BEHERE and/or its team members for any such loss, damage, injury, or death.

ELIGIBILITY

BEHERE reserves the right in their sole discretion to accept, decline to accept, or remove any user from BEHERE at any time during the experience period. BEHERE and its team members reserve the right, without penalty, to make changes to locations whenever, in their judgment, conditions warrant or if they deem it necessary for the comfort, convenience, or safety of users.

Health: By joining BEHERE, the user certifies that they does not have any mental, physical, or other condition or disability that would create a hazard for themselves or other users.

Visas: BEHERE does not provide guidance on visa processes. The responsibility will ultimately be the users to ensure they have the necessary visas to travel.

Background check: BEHERE reserves the right to do a background check for any legal or other reasons why that person should not be permitted to join BEHERE.

TERMS AND CONDITIONS

Included in Cost:  Limited only to: Accommodation, coworking space, fitness membership, events in line with BEHERE locations, including common workspace; fitness memberships, and miscellaneous activities and events, from time to time.

Not Included: Passport, visa, and permit expenses; medical expenses and immunizations; personal expenses such as meals, laundry, telephone calls, and alcoholic beverages; and any other items not specifically noted as included.

Payments, Cancellations, and Refunds: To join BEHERE, a $990 membership fee is required upon acceptance by BEHERE of a user to participate, with limited refundability for up to 90 days from the start date (processing fee will apply). Thereafter, monthly payments are due at least 30 days from the start date.  Payments must be made by direct payment online.  A user may leave or be removed from BEHERE for any emergency or non-emergency reason. A user can be removed from Behere for non-payment at any time.

Travel refunds: During the experience, no costs will be reimbursed. Arriving late or leaving early, for any reason whatsoever, will not result in a refund, and no refunds will be made for any unused portions of the month. 

BEHERE reserves the right to cancel any potential location because of good-faith concerns with respect to the safety, health, or welfare of the users. If a location is canceled prior to departure, BEHERE will provide users with a full refund of monies paid to BEHERE; except in the event the cancellation is due to a significant event that makes it infeasible to operate as planned, in which case BEHERE will provide users with a refund and/or credit toward a future BEHERE experience equivalent to monies paid. Except as outlined above when BEHERE cancels a location, BEHERE has no responsibility for any expenses, including any non-refundable expenses, incurred by participants in preparing for a cancelled location or for any additional arrangements should users embark prior to their scheduled date.

Employment: BEHERE is not responsible for any job placement of users. In the event that a participant loses his or her job during use, he or she will be responsible for finding a new job and continuing to pay the monthly fees on time. In addition, to preserve the customer-service provider relationship, BEHERE does not employ or contract with users during the course of their time with BEHERE.

Documentation: Users are responsible for obtaining any documents required for travel such as a valid passport, all visas, vaccination certificates, and any other documents. Failure to obtain documents does not negate the terms and conditions, and any extra costs incurred for rerouting due to travel without the necessary documents will be the users responsibility.

Health Requirements: Users must be in good physical and mental health. Any physical condition, or treatment requiring special attention must be reported in writing when the reservation is made. BEHERE encourages users to consult a doctor for specific medical advice about any activities or destinations.

Medical Authorization and Coverage: In the event users becomes sufficiently incapacitated as to be unable to direct their own care, there is no one who can direct participant’s care, and BEHERE is unable or does not have time to contact participant’s emergency contact, the user, by joining BEHERE, authorizes any medical treatment deemed necessary in the event of any injury or illness while participating in the activity including, but not limited to, X-ray, examination, anesthetic, medical or surgical diagnosis, or treatment and hospital care which is deemed advisable by, and is to be rendered under the general or specific supervision of, any physician and/or surgeon licensed in the United States, or, if in a foreign country and no physician licensed to practice in the United States is reasonably available, by a duly licensed physician deemed competent to render the necessary care. In addition, by applying each user certifies that they have medical insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the user, or that in the absence of this medical insurance coverage, the user agrees to pay all costs of rescue and/or medical services as may be incurred on the users behalf.

BEHERE has the right to contact your stated emergency contact for any reason related to your health or safety.

Illegal Activity: All users are expected to abide by the laws in each country visited. If a user at any point performs any illegal activity, BEHERE is not responsible for legal ramifications of that action.

RIGHT TO EXPEL USERS:

We reserve the right to expel any users from housing, workspace and fitness studios, for any reason, including, but not limited to, lack of payment or if we deem this necessary for the comfort, convenience or safety of the other users, including if your behavior is deemed to cause or be likely to cause danger, distress or annoyance to other users, if we reasonably determine your condition would adversely affect your health, safety or enjoyment of that of other users, or if we determine you have engaged in illegal actions. If we remove you from a location in progress or remove you from housing, you will not be entitled to any refund, payment, compensation or credit of any kind for unused or missed services or costs incurred resulting from the termination of your experience and you will be responsible for the cancellation fee and your travel costs to return back home.

PHOTOGRAPHS AND VIDEO: We reserve the right to take photographs and video during your time with BEHERE. By joining BEHERE, you grant to us the absolute and irrevocable right and unrestricted permission to use and publish your image, or likeness, without compensation, for commercial, advertising, editorial, or any other purpose; and in any manner and medium, whether now known or hereafter devised; and to alter and composite the same without restriction and without your inspection or approval. You hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of your image or likeness.

Photographs and video of your trip may be submitted to us by you or by third parties such as (but not limited to) other users, tour guides, crew, or staff members. By submitting such photographs or video, the party making the submission is representing and warranting (a) that the photo is their original work created solely by themselves and does not infringe the intellectual property rights of any party; (b) that they have obtained any and all necessary releases from subjects depicted in said original work; (c) that they grant to us a worldwide, royalty-free, perpetual, transferable, irrevocable, non-exclusive and fully sublicensable right and license to use, in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all commercial or other uses thereof, including without limitation, reproducing, editing, modifying, adapting, publishing, displaying publicly, creating derivative works from, incorporating into other works or modifying the photo and (d) that they hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of any photo submitted.

TIME LIMITATION; ARBITRATION; CHOICE OF FORUM AND LAW; CLASS ACTION WAIVER:

  1. a) Time Limits for Legal Action: Any claim or legal action whether based on contract, tort, statutory, constitutional or other legal rights, including without limitation bodily injury, illness to or death of a passenger, alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with your experience or against BEHERE must be commenced within one (1) year from the date of injury, illness or death or the date the incident giving rise to the claim occurred or else shall be irrevocably waived, notwithstanding any provision or law of any state or country or international convention to the contrary.
  2. b) Agreement to Arbitrate; Forum: You agree that any claim or dispute whether based on contract, tort, statutory, constitutional or other legal rights, including without limitation bodily injury, illness to or death of a passenger, alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with your experience or against BEHERE, with the sole exception of claims brought and litigated in small claims court, shall be referred to and resolved exclusively by binding arbitration to be administered by the American Arbitration Association (“AAA”) using one mutually selected arbitrator according to the then existing rules of the AAA. The arbitration shall be held in the state of Delaware, to the exclusion of any other forum, and you consent to jurisdiction and waive any objections to arbitration proceeding in Delaware. You agree that the costs of the arbitration shall be split between the parties The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionable, or formation of this contract and the arbitration agreement, including but not limited to any claim that all or any part of these terms and conditions are void or voidable. Any action to enforce the arbitrator’s decision shall be brought in the state or federal courts in Delaware. In the event the arbitration provision is deemed unenforceable by an arbitrator or court of competent jurisdiction for any reason, then and only then, the provisions of subsection (c) below governing forum shall exclusively apply to any lawsuit involving claims described in this subsection.

NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

You and we further agree to permit the taking of a deposition under oath of the user asserting the claim, or for whose benefit the claim is asserted, in any such arbitration.

  1. c) FORUM FOR ALL OTHER CLAIMS: ANY AND ALL CLAIMS OR DISPUTES RELATING TO OR IN ANY WAY ARISING OUT OF OR CONNECTED WITH THIS CONTRACT OR YOUR EXPERIENCE AGAINST BEHERE AND NOT SUBJECT TO ARBITRATION UNDER SUBSECTION (b) ABOVE SHALL BE LITIGATED, IF AT ALL, IN AND BEFORE THE COURTS OF THE STATE OF DELAWARE, U.S.A., TO THE EXCLUSION OF THE COURTS OF ANY OTHER STATE AND COUNTRY. ANY AND ALL CLAIMS OR DISPUTES RELATING TO, ARISING OUT OF OR CONNECTED WITH YOUR EXPERIENCE AGAINST ANOTHER PROVIDER OR A NON-AFFILIATED THIRD PARTY SHALL BE BROUGHT, IF AT ALL, WHEREVER SUCH ENTITIES MAY BE PROPERLY SUBJECT TO JURISDICTION.
  2. d) Choice of Law: Any claim or dispute relating to, arising out of or connected with your trip and provision of services other than on a vessel, whether subject to arbitration or otherwise, shall be governed by the laws of the State of Delaware without regard to conflict of law principles. Any claim or dispute relating to, arising out of or connected with any vessels, whether subject to arbitration or otherwise, shall be governed by the general maritime law of the United States, and if not inconsistent, the laws of the State of Delaware without regard to conflicts of law principles.
  3. e) WAIVER OF CLASS ACTION: THESE TERMS AND CONDITIONS PROVIDE FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION OR ARBITRATION ON YOUR OWN BEHALF INSTEAD OF THROUGH ANY CLASS OR REPRESENTATIVE ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY ARBITRATION OR LAWSUIT AGAINST US WHATSOEVER SHALL BE LITIGATED BY A USER INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND EACH USER EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING USERS TO PARTICIPATE IN A CLASS ACTION. IF A CLAIM IS SUBJECT TO ARBITRATION UNDER SUBSECTION (b) ABOVE, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. EACH PARTICIPANT AGREES THAT THIS CLASS ACTION WAIVER SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN SUBSECTION (b) ABOVE, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION.