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Terms of Service

Terms of Use & Privacy Policy For Members

These Terms of Use (the "Terms"), the Privacy Policy, the Mobile Devices Terms set out below, and all policies posted on the website www.MITURF.com (the "Website") and on the mobile application (the "Application") are the terms by which miTurf Inc. ("MITURF") offers Members access to and use of the Website, services, applications and tools (collectively the "Services"), including but not limited to your legal rights and obligations, various limitations, exclusions and remedies. The Mobile Devices Terms as set out below, the Privacy Policy, and all other policies are incorporated into the Terms of Use. You agree to comply with all the above when accessing or using the App and the Services.


IF YOU CHOOSE TO BECOME A SPACE PARTNER, PLEASE REFER TO THE TERMS OF USE FOR SPACE PARTNERS.

TERMS OF SERVICE FOR MEMBERS


Last Updated: July 21, 2017

  • If you are using the Website, Application or Services, you are contracting with MITURF with respect to the use of these Services, and with respect to any payments from or to you through the Website, Application or Services.
  • MITURF, through the Website, Application, and Services, provides an online platform that connects people or corporations ("Space Partners") who are renting out sport and recreational, creative, and/or professional spaces (each a "Space") to registered users (the "Members") seeking to rent such a Space.
  • The Services are accessible through the Website and the Application.
  • By using the Website or Application, you understand and agree that all trademarks, service marks, logos, trade names and any other proprietary designations of MITURF used herein are trademarks or registered trademarks of MITURF. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
  • By using the Website or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Use whether or not you become a registered user of the Services.
  • These Terms govern your access to and use of the Website, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and MITURF.
  • If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Website, Application or Services. Failure to use the Website and Application in accordance with these Terms may result in your account being terminated, blocked and may subject you to civil and, where applicable, criminal penalties.



YOU UNDERSTAND AND AGREE THAT MITURF IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN SPACE PARTNERS AND MEMBERS, NOR IS MITURF A BROKER, AGENT OR INSURER. MITURF HAS NO CONTROL OVER THE CONDUCT OF SPACE PARTNERS, MEMBERS, AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY FACILITIES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.


Key Terms

  • Adjusted Exchange Rate,” means a rate for foreign currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by MITURF for its holding costs and foreign currency risks.
  • “Base Exchange Rate” means a system-wide rate used by MITURF for foreign currency conversion that is in effect at the time the foreign currency conversion is processed, and does not include any fee or mark-up by MITURF. MITURF establishes the Base Exchange Rate using data from one or more third parties such as OANDA (www.oanda.com).
  • “Booking Currency” means the currency in which a Member has to pay for his or her booking. At the time the Member submits a booking request, the MITURF platform will process the Booking Currency as specified by the Space Partner and as featured in the Space Profile Details. MITURF supports only a certain number of currencies as Booking Currencies. The Booking Currency for a booking may be different from the relevant Listing Currency.
  • Booking Request” means an expression of committed interest via the activation of a “Request to Book” function on the Website, Application or Service. The booking request requires an up-front payment to which the Space Partner must approve the booking request for the secured rental to become official.
  • Cancellation Policy” means a MITURF imposed policy that is meant to regulate and standardize booking cancellations as defined in section 54 of the present Terms of Use agreement.
  • Collective Content” means Member Content, Space Partner Content, and MITURF Content.
  • Concierge Fees” means the fee that MITURF charges a Space Partner for the use of its online platform, which is calculated as a percentage of the rental fees paid by a Member to rent a Facility or Space.
  • “Confirmed Booking” or “Confirmed Booking Permit” or “Permit” refers to the authoritative document or record made available via the Website, Application or Service, that acts as the official proof that a Member was granted exclusive use by a Space Partner under the terms stated within the Permit.
  • Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
  • Convenience Fees” means the service fee that MITURF may charge a Member for using the MITURF Site, Application or Services. MITURF reserves the right to charge a Convenience Fee if a Space Partner approves your Booking Request or if you submit a successful payment for an Approved Inquiry and subsequently you are awarded a an official Confirmed Booking.
  • Display Currency” means the currency in which users view Space Listing prices on the MITURF platform. Currently, MITURF does not allow users to change the Display Currency in order to view the pricing for a Space Listing in a chosen supported currency.
  • Guest” means a Non-Member Individual who is an invited individual by a Member via the Site, Application or Service or external, to either contribute to the rental of a space rental, or to participate in an activity in the Space. A Guest is not the Space Partner or Member.
  • Guest Processing Fees” means the service fee that MITURF may charge the guest of a Member for submitting a payment to the Space Partner or as a method of collecting payments from guests. The Guest Processing Fees will be displayed to the Member or Member’s Guest when prompted to make a payment. This Guest Processing Fee resembles a bank charge when sending an email money transfer.
  • Inquiry” means an expression of general interest via the activation of an “Inquire” function on the Website, Application or Service. The inquiry does not require an up-front payment to which the Space Provider must approve the inquiry prior to the Member submitting a payment for the approved inquiry.
  • “Listing Currency” means the currency in which a Space Listing’s price is set. The Listing Currency is set by the location address of the country the Space resides. This means if a Space is in Toronto, Canada, the listing currency is in Canadian Dollars.
  • Member” means a person who completes MITURF’s account registration process and is at liberty to use the MITURF platform as a person seeking to book/rent spaces on the platform, as described under “Account Registration” below. A member also engages and participates in an activity in the Space at a rented time and is not the Space Partner.
  • Member/Partner Content” means all Content that a Member or Space Partner posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
  • MITURF Content” means all Content that MITURF makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member or Space Partner Content.
  • Payout Currency” means the currency in which a Space Partner’s payout will be paid to the Space Partner. The Payout Currency is determined by the location address of the country the Space Partner operates in.
  • Request Period” means the time period starting from the time when an inquiry or booking is submitted by a Member (as determined by MITURF in its sole discretion), within which a Space Partner may decide whether to approve or decline that inquiry or booking request, as stated on the Site, Application or Services.
  • Service Fees” means collectively the Processing Fees and the Concierge Fees.
  • Space” or “Facility” means any physical place listed on MITURF that an establishment (“Space Partner”) offers for temporary rental through the MITURF platform.
  • Space Listing” or “Listing”, means a Space that is listed by a Space Partner as available for temporary rental by MITURF Members (Defined below) via the Site, Application, and Services.
  • Space Partner”, “Space Provider” or “Venue” means an affiliate user who creates a Space Listing via the Site, Application and Services and offers a listed space for rent to MITURF Members (Defined below).
  • Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), that Space Partners may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
  • Total Rental Fees” or “Total Amount” means the amounts that are due and payable by a Member in exchange for a Space Partner’s approval to use a Facility or Space. The Space Partner alone, and not MITURF, determines these amounts. The Space Partner may in his or her sole discretion decide to include in these amounts:
    • a post-use maintenance fee or any other cleaning fees
    • Security or Supervision fee
    • Taxes that the Space Provider determines that he or she has to collect.



Certain areas of the Website and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Website, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the MTURF Site, Application, Services, or Collective Content.


YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE MITURF WEBSITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE MITURF WEBSITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT IS GRANTED.

Modification

  • MITURF reserves the right, at its sole discretion, to modify the Website, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice.
  • If the terms are modified, MITURF will post the modification on the Site or via the Application or provide you with notice of the modification. MITURF reserves the right, at its sole discretion, and at any time, not to provide a notice.
  • MITURF will update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Website, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.
  • If the modified Terms are not acceptable to you, your only recourse is to cease using the Website, Application and Services.


Eligibility

  • The MITURF Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
  • If the Website, Application and Services are being used by person under the age of 18, miTurf, Inc. assumes the person under the age of 18 has been authorized by their respective parents or guardians to use the Website, Application and Services. As such, the same governing terms and conditions applies as person who are 18 years of age and older.


DESCRIPTION OFTHE WEBSITE, APPLICATION AND SERVICES

General

  • What MITURF Offers: MITURF makes available an online and mobile platform resembling a marketplace with related technologies for Space Partners and Members to meet online and arrange for bookings of Spaces directly with each other. The Website, Application and Services can be used to facilitate the listing and booking of spaces, namely sporting and recreational spaces and other type of properties.
  • Accessibility: You may view Listings as an unregistered Member or “Visitor” to the Website, Application and Services; however, if you wish to inquire or book a Space, you must first register to create a MITURF Member account or login to your Member account. Space Partners who are logged in cannot view listings of other Space Partners. If you wish to create a Listing to allow Members to submit inquiries and booking requests for member usage and payment to you, you must first register to create a MITURF Space Partner account or login to your Space Partner account.
  • Scope of Service: Unless explicitly specified otherwise in the MITURF platform, MITURF’s responsibilities are limited to:
    • Facilitating the availability of the MIURF Site, Application and Services and
    • Serving as the limited payment collection agent of each Space Partner for the purpose of accepting payments from Members on behalf of the Space Partner.
  • Beyond Scope of Services: MITURF is not an owner or operator of properties, including, but not limited to, indoor/outdoor spaces such as sporting facilities (soccer fields, football fields, basketball courts, ice-hockey arenas, tennis courts, etc.), recreational amenities, office/working spaces, musical spaces or creative art studios; nor is it a provider of such properties or Facility Spaces, and MITURF does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control such properties or Facility Spaces or any transportation services related to such properties.
    • Exceptions: MITURF may choose to own and/or operate a property for temporary listing via the Website or Application, and if so, will be clearly labeled on the associated Space Profile.
  • Fees Applicability: In consideration for the use of MITURF’s mobile and online marketplace and platform, MITURF may charge Convenience Fees to Members, which may be included in the Total Rental Fee amount. Your cost for use of the Services is subject to change upon 30 days’ notice from MITURF. Such notice may be provided at any time by posting the changes to the MITURF Website or on the Application.
  • Earnings Calculation: MITURF deducts the Concierge Fees from the Total Rental Fee before remitting the balance, considered as “Earnings”, to the Space Partner as described in these Terms of Use.
  • Payout Methods: Balances will be remitted by MITURF to Space Partners via check, PayPal, direct deposit or other payment methods described on the Website or via the Application, in the Space Partner’s currency of where their Facility or Space Location resides. Amounts may be rounded up or down as described the “Rounding Off” section below.
  • Rounding Off: MITURF may, in its sole discretion, round up or round down amounts that are payable from or to a Member or Space Partner to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, MITURF will round up an amount of $101.50 to $102.00, and $101.49 to $101.00. Some currencies are denominated in large numbers. In those cases, MITURF may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for MITURF to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.


PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE SPACE PARTNERS AND MEMBERS CONNECTING AND BOOKING SPACES DIRECTLY WITH EACH OTHER. MITURF CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS (UNLESS SPACE IS OPERATED BY MITURF) AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACES. MITURF IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL SPACE LISTINGS AND SPACES. ACCORDINGLY, ANY CONFIRMED BOOKINGS WILL BE MADE AT THE MEMBER’S OWN RISK.


Account Registration

  • Condition: In order to access Member applicable features of the Website and Application, namely submit inquiries and booking requests, you will be required to register with MITURF and create an account (“Member Account”) and become a Member. The personal information you provide shall be your personal information. You are solely responsible for all activities that occur under your Member Account. If you believe your account has been compromised or misused, you must contact MITURF immediately and to notify MITURF of any related details. If you do not register as a Member, MITURF may, in its sole discretion, limit accessibility to certain features aimed at Members only.
  • SNS Registration: MITURF may, in its sole discretion, allow you to register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via the Website or Application, as described below. By registering through such a Third-Party Account you give MITURF permission to access, store, and use your information from the applicable Third-Party Account(s) as permitted by the applicable TPS and as may be described in the Privacy Policy.
  • Third-Party Service (i.e. Facebook): As part of the functionality of the MITURF Site, Application and Services, and if made available, you may link your MITURF Account with Third-Party Accounts, by either:
    • Providing your Third-Party Account login information to MITURF through the Site, Services or Application; or
    • Allowing MITURF to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
  • Disclosure: You represent that you are entitled to disclose your Third-Party Account login information to MITURF and/or grant MITURF access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating MITURF to pay any fees or making MITURF subject to any usage limitations imposed by such third-party service providers.
  • Privilege Acceptance: By granting MITURF access to any Third-Party Accounts, you understand and agree that MITURF may access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Website, Services and Application via your MITURF Account and MITURF Account profile page. MITURF will provide privacy control features via Settings that will limit access to your Content or usage of your Content.
  • Content: Unless otherwise specified in these Terms, all SNS content that could be used will be considered to be Member and/or Space Partner Content for all purposes of these Terms.
  • Activity/Content Sharing: Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your MITURF Account on the Site, Services and Application.
  • Dependency/Availability: Please note that if a Third-Party Account or associated service becomes unavailable or MITURF’S access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Website, Services and Application.
  • Disabling: You have the ability to disable the connection between your MITURF Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application.
  • Reviews: MITURF makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and MITURF is not responsible for any SNS Content.
  • Convenience: For a faster on-boarding sign up experience, MITURF may create your MITURF Member Account and your MITURF Member Account profile page for your use of the Website and Application based upon the personal information you provide to us or that we obtain via an SNS as described above.


PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.


  • Need to Disclose: In order to process a submitted inquiry or booking request MITURF will need to disclose some of your personal information including (A) Name (B) Age (C) About and, if available, (C) Reputation Score to a Space Partner to review and approve or reject a submitted inquiry or booking request. This is to ensure the Space Partner has the required information to be able to assess the request for an approval to be granted. In order to ensure the Space Partner can communicate and follow up with the customer as part of a confirmed rental of a space, MITURF will disclose (A) Email (B) Phone Number to a Space Partner only on confirmed bookings (once approval has been granted on a booking request or a Member submits a payment to an approved inquiry). By using the MITURF Website, Application or Services, you hereby grant MITURF irrevocable permission to disclose such information to a Space Partner when necessary.
  • Account Limits: Members may not have more than one (1) active MITURF Account per user type (“Space Partner” OR “Member”). This means if you are a Member, you can also have a Space Partner account, but cannot have a second Member account.
  • Account Authenticity Agreement: You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
  • Account Blocking/Termination: MITURF reserves the right to suspend/block or terminate any MITURF Member Account and Member access to the Website, Application and Services if more than one (1) MITURF Member Account is created or if any information provided during the registration process or thereafter proves to be inaccurate, or not current.
  • Password Safeguarding: You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your MITURF Account, whether or not you have authorized such activities or actions.
  • Obligations on Account Deactivation, Deletion or Cancellation: Please note that if your MITURF Member Account is deactivated, deleted or cancelled, MITURF is under no obligation to return to you any content you have posted to the Website, Application and Services, including, but not limited to, any descriptions, multimedia, transaction history, reviews or feedback. If payments are owed to you, MITURF will process these payments as appropriate.


Creating and Managing Your Account

  • Use of the Services: By using the MITURF Website, Application or Services,you agree to refrain from: violating any laws; being false or misleading; infringing any third-party right; distributing spam, chain letters, or pyramid schemes; distributing viruses or any other technologies that may harm MITURF or the interests or property of MITURF users; imposing an unreasonable load on the MITURF infrastructure or interfering with the proper working of MITURF; copying, modifying, or distributing any other person's content; using any robot, spider, scraper or other automated means to access MITURF and collect content for any purpose without MITURF’s express written consent; harvesting or otherwise collecting information about others, including email addresses; or bypassing measures used to prevent or restrict access to MITURF; or any other action or omission that would reasonably be expected to cause harm to MITURF or a third party.
  • Content: You agree not to copy, modify, or distribute MITURF Services, copyrights, or trademarks or any other related intellectual property, if applicable. When you provide MITURF with Content, you are granting MITURF a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to the Content. You agree that the Content will not infringe the rights of third parties, including, but not limited to, infringement of intellectual property rights such as copyright and trademark. MITURF reserves the right to remove the Content in the event that it has grounds for suspecting the violation of these Terms of Use, the Privacy Policy, or any other of its policies or of any party's rights.
  • Warranted Agreement to Charge for Damages: MITURF reserves the right and it sole discretion to withhold and charge back the “Security Deposit” amount to your payment method in the amounts shown on the Confirmed Booking if the Space Provider makes a legitimate claim that you have imposed damages.
  • Security Deposit/Damages Limited Payment Collection Agent Agreement: You authorize miTurf Inc. to charge your credit card in the event of damage caused in the amount matching “Security Deposits”, if a Space Partner’s claim is warranted.
  • Third-Party Payment Processor: If you are directed to MITURF’s third-party payment processor(s), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once the transaction of your confirmed booking is successfully completed, you will receive a confirmation email summarizing the booking details.
  • Right to Deactivate or Delete Account: You may deactivate or delete your MITURF Account at any time via your Account Settings or by sending an email to deacctivate@miturf.com. Please note that if your MITURF Account is deactivated or deleted, MITURF does not have an obligation to delete or return to you any content you have posted to the Website, Application and Services, including, but not limited to, any reviews or feedback.
  • Due Diligence: MITURF ensures that payment methods are validated for pre-authorizations before you submit a payment for a Booking Request or submit a payment for an Approved Inquiry.
  • Approval/Decline Activities: If you have submitted an inquiry or booking request via the Website, Application and Services, the Space Partner, will be required to either approve or decline your inquiry or booking request within the Request Period, otherwise you will be alerted that the inquiry or booking request has been declined. The Request Period varies depending on when you made the inquiry or booking request and when the rental time is being requested.
  • Information Sharing on Inquiries: When an inquiry is submitted via the Website, Application and Services, MITURF will share with the Space Partner the following:
    • The venue/space you are inquiring about
    • Your First and Last name
    • Your Age and Gender. Your Date of Birth is NEVER shared.
    • The number of people you are expecting during the time of rental
    • The activity you are intending to partake during the requested time
    • The event you are intending to host during the requested time
    • The start date/time and end date/time of the rental
    • A link to your MITURF Account profile page
  • No-Obligation Approved Inquiries: If you are submitting an “Approved Inquiry”, you, as the Member, have the option to agree or to ignore to pay MITURF the Total Rental Fees, and associated taxes for any Approved Inquiries via the Site or Application, If payment is ignored, cancelled or if another Member requesting the same rental time makes the payment before you, your Approved Inquiry will be void.
  • Space Partner Authorization Privileges: MITURF reserves the right, in its sole discretion, to allow a Space Partner to approve or decline a Member’s inquiries or booking request at the Space Partner’s discretion. MITURF reserves the right, in its sole discretion, to allow a Space Partner to approve multiple Member inquiries for the same requested time at the Space Partner’s discretion.
  • First-to-Pay-Policy: MITURF reserves the right, in its sole discretion, to allow a Space Partner through MITURF to officially grant the rental of a Facility or Space to a Member to the first approved and successfully processed payment to the first Member who has supplied a successful payment for a given rental. If a payment was not successfully processed, MITURF reserves the right to either follow up with the Member whose payment method was unsuccessful or award the rental to another Member.
  • Information Sharing on Bookings: When a Booking Request is submitted via the Website, Application and Services, we will share with the Space Partner the following,
  • The venue/space being requested to be rented/booked
  • Your First and Last Name
  • Your Age and Gender. Your Date of Birth is NEVER shared.
  • The number of people you are expecting at the time of rental
  • The activity you are intending to partake during the requested time
  • The event you are intending to host during the requested time
  • The start date/time and end date/time of the rental
  • A link to your MITURF Account profile page
  • The payment method supplied by you
  • The amount to be charged to you for the rental included all associated fees and taxes.
  • Notifications & Alerts: When a Space Partner approves your submitted inquiry or booking request, MITURF will send you an email, and or push notification via the MITURF Application confirming such booking, depending on the notification preference selections you make via the Website, Application and Services.
  • Additional Information Sharing MITURF reserves the right, in its sole discretion to share your Reputation Classification, overall rating of you or similar label to advise a Space Partner how likely you are to cancel a booking submitted by previous Space Partners with whom you would have made bookings.
  • Honoring Agreement: The Space Partner, not MITURF, is solely responsible for honoring any confirmed bookings and making available the confirmed space as requested via the Website, Application and Services. If there is an issue with a Space Partner honoring your confirmed booking, MITURF makes available a process to report the Space Partner via the Website and Application.
  • Space Partner-Member Agreement: If you choose to enter into a transaction with a Space Partner for the booking of a Facility or Space, you agree and understand that you are entering into an agreement with the Space Partner directly and you agree to accept the terms, conditions, rules and restrictions associated with such Facility and Space imposed by the Space Partner.
  • Waivers: When you enter into a transaction with a Space Partner for the booking of a Facility or Space, you may be required to sign additional waivers presented by the Facility or Space Provider before the utilization of the Facility or Space. The Space Partner may request for additional waivers to also be signed by the guests you are bringing before you utilize the Facility or Space.
  • Additional Fees Definition: The Space Partner reserves the right, it its sole discretion to post any additional fees that may be required in order to book a Facility or Space that may include but not be limited to security fees or supervision fees. You, as a customer are required to pay the fees as featured in the Space Profile “Terms” and “Other Fees” on MITURF as shown in your confirmed booking. If any additional fees such as Security Fees or Supervision Fees are not featured, you as the customer are not obliged to pay the Space Partner these amounts when requested and as the customer, can report the Space Partner by contacting MITURF at which time the MITURF support department will investigate and resolve the situation.
  • Limited Payment Collection Agent Agreement: You acknowledge and agree that, notwithstanding the fact that MITURF is not a party to the agreement between you and the Space Partner, MITURF acts as the Space Partner’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Space Partner.
  • Cancellation Policy Agreement: Once you have obtained a confirmed booking, you agree to the MITURF Cancellation Policy:
    • Cancellations before obtaining approval to book: If you cancel your booking request before the requested booking is approved by a Space Partner, MITURF will not charge your credit card and/or MITURF will refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time.
    • Cancellations within 48 hours: If you cancel a confirmed booking within 48 hours of the confirmed rental time, you will not obtain any refunds.
    • Cancellations made more than 48 hours: A full refund, including any Convenience Fees and Concierge Fees, will be issued if cancellation is made more than 48 hours before the confirmed rental time, which refund shall be issued within a commercially reasonable time.
    • Cancellations by Space Partner: Full refund will be issued to you within a commercially reasonable time of the cancellation if a cancellation is made by the Space Partner.
    • Member Exceptions: In certain circumstances, MITURF may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Website, Application and Services. In such cases, MITURF may elect to forgo the cancellation penalties outlined in the Terms of Use. Such cases will be contingent on proper documentation, where valid, and may include instances where:
      • There's a death in the Member’s family
      • The Member has a serious illness or there's a serious illness in their family
      • There's a natural disaster in the destination country
      • There's political unrest in the destination country
      • The guest has jury duty or other similar civil obligations
  • Alternative Options: If a Space Partner cancels a confirmed booking made via the Website, Services, and Application:
    • The Member may receive an email or other communication from MITURF containing alternative Space Matches or Listings and other related information matching the request.
    • If the Member requests a booking from one of the alternative Space Matches/Listings and the Space Partner associated with such alternative Space Match/Listing approves the Member’s requested booking, then the Member agrees to pay MITURF the Total Fees relating to the approved/confirmed booking for the Space in the alternative Match/Listing, in accordance with these Terms.
  • Payment Processing Agreement: If you are submitting a “Booking Request”, you agree to have MITURF charge your credit card the Total Rental Fees, for any booking requested in connection with your MITURF Member Account if such booking request is approved by the applicable Space Partner within the Requested Period. You agree to pay MITURF for any confirmed bookings made in connection with your MITURF Member account in accordance with these Terms of Use by one of the methods described on the Website or Application, e.g. by PayPal or credit card.
  • Payment Method Verification: To mitigate fraud, protect Space Partners community and to verify your payment method, MITURF, on behalf of the Space Partner reserve the right, in its sole discretion, to charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card. Upon successful verification, MITURF will credit your credit card back the matching fee.
  • Financial Institutions: Upon receiving a confirmed booking, MITURF will collect the Total Rental Fees in accordance with these Terms of Use and the pricing terms set forth in the applicable Confirmed Booking record and receipt. Please note that MITURF cannot control any fees that may be charged to a Member by his or her bank related to MITURF’s collection of the Total Rental Fees, and MITURF disclaims all liability in this regard.
  • Billing Information Confirmation: In connection with your Booking Request or when submitting a payment for an Approved Inquiry, you will be asked to either confirm or provide customary billing information such as name, billing address and credit card information either to MITURF or its third-party payment processor(s). If you choose to store your payment information, MITURF reserves the right, it its sole discretion to, re-validate your billing information for security purposes.
  • Total Rental Fees Limited Payment Collection Agent Agreement: On behalf of the Space Partner, you hereby authorize miTurf Inc. to pursue the collection of amounts related to the Total Rental Fees of Confirmed Bookings by charging your credit card on file, either directly by miTurf Inc. or indirectly, via a third-party online payment processor or by one of the payment methods described on the Website or Application.
  • Member Responsibilities: As a Member with a confirmed booking, you are responsible for leaving the rented Space in the condition it was in when you arrived. You also acknowledge that:
  • You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Space.
  • In the event that a Space Partner claims otherwise and provides evidence (including but not limited to photographs) of damage, you agree to pay the cost of replacing the damaged items with equivalent items.
  • After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your MITURF Account. MITURF also reserves the right to charge the credit card on file in your MITURF Account, or otherwise collect payment from you and pursue any avenues available to MITURF in this regard, including using Security Deposits, in situations in which you have been determined, in MITURF’s sole discretion, to have damaged any Space, including, but not limited to, in relation to any payment requests made by Space Partner. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Space to the applicable Space Partner or to MITURF (if applicable).
  • Upon MITURF’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or a similar alternative resolution process with a Space Partner, at no cost to you, which process will be conducted by MITURF or a third party selected by MITURF, with respect to losses for which the Space Partner is requesting payment from MITURF.
  • You agree to cooperate with and assist MITURF in good faith, and to provide MITURF with such information and take such actions as may be reasonably requested by MITURF, in connection with any complaints or claims made by other Members relating to a Space.
  • Member Endorsement: MITURF does not endorse any Member. You understand and agree that Verified Members are intended only to indicate MITURF has performed a verification of the Member’s email address and phone number. You also understand and agree that MITURF may allocate a label to a Member that is a Public Figure.
  • Space Partner Endorsement: MITURF does not endorse any Space Partner or any Facility or Space. MITURF simply helps Space Partner advertise and sell vacant spaces available for rentals. You understand and agree that images may be “verified” by MITURF for the intention of indicating that the photographic representation of the Facility or Space at the time the photograph was taken is accurate and has been reviewed and approved by MITURF.
  • References: Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member or Space Partner has completed a relevant verification process, and does not represent anything else.
  • Due Diligence: MITURF recommends that you always exercise due diligence and care when deciding whether to undertake an activity in a space provided by the Space Partner, or interacting with any other Member as descriptions provided are not endorsements, certifications or guarantees by MITURF about any Space Partner. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of spaces or parties with whom you interact via the Website, Application and Services.
  • Claims: By using the Website, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members, Space Partners or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm.


Disclaimers

  • Payment Processing Errors: MITURF will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, to ensure that you receive or pay the correct amount only once.
  • Donations: Some Space Partners or Members may pledge to donate a portion of the funds transmitted from confirmed bookings made via the Website, Application and Services to a particular cause or charity. MITURF do not take any responsibility or liability for whether the Space Partner does in fact make the donation he or she pledged to make. In such cases, the Space Partner in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
  • Investigations: MITURF has the right to investigate and prosecute violations of any of the Terms of Use to the fullest extent of the law.
  • Lawful Disclosure: MITURF may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary in the following instances:
    • To respond to claims asserted against MITURF or to comply with legal process (for example, subpoenas or warrants),
    • To enforce or administer our agreements with users, such as these Terms (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of MITURF, its users, or members of the public.
  • Operating Governance: You acknowledge that MITURF has no obligation to monitor your access to or use of the Website, Application, Services or Collective Content or to review or edit any Member or Space Partner Content, but has the right to do so for the purpose of operating and improving the Website, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. MITURF reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that MITURF, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Website, Application or Services.
  • Links: The Website, Application and Services may contain links to third-party websites or resources (i.e. for Advertisement Partners). You acknowledge and agree that MITURF is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MITURF of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources. Some portions of the MITURF platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use, located at, http://www.google.com/intl/en_us/help/terms_maps.html.


  • CODE OF CONDUCT - In connection with your use of the Website, Application, Services and Collective Content, you may not and you agree that you will not be an accessory or perform technical abuse or legal violations: Use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Website, Application, Services or Collective Content; this includes:
    • Using the Website, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
    • Copying, storing or otherwise accessing any information contained on the Website, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
    • Not using, copying, adapting, modifying, preparing derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Website, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MITURF or its licensors, except for the licenses and rights expressly granted in these Terms.
    • Infringing the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
    • Interfering with or damage the Website, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
    • Using the Website, Application or Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
    • Using the Website, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements;
    • Using the Website, Application, Services or Collective Content in connection with money laundering, terrorist financing, and other financial crime.
    • “Stalking" or harassing any other user of the Website, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a MITURF Member or Space Partner.
    • Recruiting or otherwise soliciting any Space Partner or other Member to join third-party services or websites that are competitive to MITURF, without MITURF’s prior written approval;
    • Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity;
    • Using automated scripts to collect information from or otherwise interact with the Website, Application, Services or Collective Content;
    • Using the Website, Application, Services or Collective Content to find a Space Partner, Space Partner’s Listed Spaces or Members Information and then complete a booking of a Facility or Space independent of the Website, Application or Services, in order to circumvent the obligation to pay any Service Fees related to MITURF’s provision of the Services or for any other reasons;
    • Posting, uploading, publishing, submitting or transmitting any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
    • Systematically retrieving data or other content from the Website, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
    • Using, display, mirror or frame the Website, Application, Services or Collective Content, or any individual element within the Website, Application, Services or Collective Content, MITURF’s name, any MITURF trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Website, Application or Services, without MITURF’s express written consent;
    • Accessing, tampering with, or use non-public areas of the Website, Application or Services, MITURF’s computer systems, or the technical delivery systems of MITURF’s Space Partners;
    • Attempting to probe, scan, or test the vulnerability of any MITURF system or network or breach any security or authentication measures;
    • Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by MITURF or any of MITURF’s providers or any other third party (including another user) to protect the Website, Services, Application or Collective Content;
    • Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
    • Attempting to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website, Services, Application or Collective Content; or
    • Advocating, encouraging, or assist any third party in doing any of the foregoing.
  • Reporting Misconduct: If you book through MITURF and subsequently utilize a Facility or Space provided by a Space Partner, and feel an individual is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) is suspected of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to MITURF by contacting us with your police station and report number at memberservices@miturf.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
  • Creating Multiple Member Accounts: Which Includes registering or signing up for more than one MITURF Member Account or register for a MITURF Member Account on behalf of an individual or establishment other than yourself;
  • False or Space Inquiries or Booking Requests: Unless MITURF explicitly permits otherwise, you may not inquire or request to book the permission to use a Facility or Space if you will not actually be physically present at the Facility or Space yourself at the confirmed booking time;
  • Communication Misconduct: While using MITURF, you may not contact a Space Partner for any purpose other than asking questions related to a booking, such Space Provider’s Facility or Space or Listings;


  • Ownership: By using the MITURF Site, Application or Services, you acknowledge that:
    • The Website, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of Canada, the United States and other foreign countries.
    • The Website, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of miTurf, Inc. and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, Application, Services, or Collective Content.
  • Mobile Devices Terms: If you are accessing the Services from a mobile device using the Application, the Terms of Use apply to you in addition to the End User License Agreement and any other applicable mobile privacy policies and/or terms, as the case may be. Your use of the Application confirms your agreement to these Terms of Use.
  • Application License: Subject to your compliance with these Terms, MITURF grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. You must comply with all applicable laws and third party terms of agreement when using the Application. Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application. Furthermore, with respect to any App Store Sourced Application (defined below), you agree that you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. MITURF reserves all rights in the Application not expressly granted to you by these Terms.
  • App IP: MITURF owns, or is the licensee to, all right, title, and interest in and to its Application, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You shall not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from the Application and you shall not remove, obscure, or alter MITURF’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any application developed by MITURF.
  • MITURF Content and Member Content License: Subject to your compliance with the terms and conditions of these Terms, MITURF grants you a limited, non-exclusive, non-transferable license, to (i) access and view any MITURF Content solely for your personal and non-commercial purposes and (ii) if made available at MITURF’s sole discretion, access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the rights granted in this section.
  • Shared Content: MITURF may, in its sole discretion, permit you to post, upload, publish, submit or transmit Content you decided to share on the Website, Application and Service. By making available your Content on or through the Website, Application and Services, you hereby grant to MITURF a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, by means of or to promote or market the Website, Application and Services. MITURF does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Content you decide to share and that you make available through the Website, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all your Content that you make available through the Website, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to MITURF the rights in such Member Content, as contemplated under these Terms; and (ii) neither your Content nor your posting, uploading, publication, submission or transmittal of your Content or MITURF’s use of your Content (or any portion thereof) on, through or by means of the Website, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  • Feedback: We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website, Application and Services (“Feedback”). You may submit Feedback by emailing us at connect@miturf.com or through the “Contact Us” section of the Website and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of MITURF and you hereby irrevocably assign to MITURF all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At MITURF’s request and expense, you will execute documents and take such further acts as MITURF may reasonably request to assist MITURF to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
  • Copyright Policy: MITURF respects copyright law and expects its users to do the same. It is MITURF’s policy to terminate in appropriate circumstances your Member MITURF Account if you repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your MITURF Member Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you:
    • Your MITURF Member Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Website, Application, Services, your MITURF Member Account, your Content, or receive assistance from MITURF Customer Service;
    • Any submitted inquiries, booking requests, or confirmed bookings will be immediately cancelled or declined, to which we will notify you when this occurs;
    • We may refund your Total Rental Fees in full for any and all confirmed bookings, irrespective of preexisting cancellation policies.


Disclaimers

  • USE AT YOUR OWN RISK: IF YOU CHOOSE TO USE THE MITURF SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT MITURF DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY REGISTERED USER ACCOUNTS, INCLUDING, BUT NOT LIMITED TO, MEMBERS SUCH AS MEMBERS, SPACE PARTNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION.
  • DISCLAIMER: THE MITURF SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. In no event shall MITURF be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use MITURF’s Services. You agree to not hold MITURF responsible for things other users post or do. MITURF does not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered, nor continuous or secure access to the Services. Functionality of the Services may not occur in real time. Such functionality is subject to delays beyond MITURF’s control, including, without limitation, delays due to your wireless data service provider’s network. Accordingly, to the extent legally permitted, MITURF expressly disclaims all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. MITURF is not liable for any loss, whether financial, or regarding goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Website, Application, and/or Services, even if you advise MITURF. WITHOUT LIMITING THE FOREGOING, MITURF EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
  • NO WARRANTY: MITURF MAKES NO WARRANTY THAT THE MITURF SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE FACILITY LISTINGS OR ANY SPACES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MITURF MAKES NO WARRANTY REGARDING THE QUALITY OF ANY FACILITY OR SPACE LISTINGS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE MITURF SITE, APPLICATION, SERVICES.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MITURF OR THROUGH THE MITURF SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  • COMMUNICATION AT OWN RISK: YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE MITURF SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE MITURF SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO THE USER COMMUNITY SUCH AS MEMBERS, GUESTS, OR SPACE PARTNERS.
  • STATEMENT VERIFICATION: YOU UNDERSTAND AND AGREE THAT MITURF MAY ATTEMPT TO VERIFY CONTENT VALIDITY BUT DUE TO THE HIGH VOLUME OF CONTENT, MITURF DOES NOT GUARANTEE THE VALIDITY OF ALL STATEMENTS OF USERS OF THE MITURF SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY FACILITY OR SPACE LISTINGS. MITURF MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE MITURF SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES.
  • PRECAUTIONS: YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE MITURF SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE MITURF SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, MEMBERS, USERS, GUESTS, OR SPACE PARTNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY MITURF. NOTWITHSTANDING MITURF’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE SPACE PARTNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM MEMBERS ON BEHALF OF THE SPACE PARTNER. MITURF EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
  • LIMITATIONS OF LIABILITY: YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE MITURF SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, ANY FACILITY OR SPACE LISTINGS VIA THE MITURF SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF MITURF WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER MITURF NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE MITURF SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE MITURF SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE MITURF SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE MITURF SITE, APPLICATION, SERVICES, OR ACCESS TO ANY FACILITY OF SPACE VIA THE MITURF SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MITURF HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE SPACE PARTNER PURSUANT TO THESE TERMS, IN NO EVENT WILL MITURF’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE MITURF SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, THE USE OF A SPACE OR LISTING VIA THE MITURF SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE MITURF SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY FACILITY OR SPACE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE MITURF SITE, APPLICATION AND SERVICES AS A MEMBER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A SPACE PARTNER, THE AMOUNTS PAID BY MITURF TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100) IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MITURF AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


  • Accessing and Downloading the Application from iTunes: The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
  • Terms that are not defined in this section shall have the definitions as set out in Apple’s terms of service.
  • You acknowledge and agree that (i) these Terms are an agreement between you and MITURF, and not Apple, and (ii) MITURF, not Apple, is responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
  • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  • In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between MITURF and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of MITURF.
  • Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • You and MITURF acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.
  • Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.


  • Export Control and Restricted Countries: You may not use, export, re-export, import, or transfer the Website, Application, Services, except as authorized by miTurf, Inc. under Canadian or United States law, the laws of the jurisdiction in which you obtained the Website, Application, Services, and any other applicable laws. In particular, but without limitation, the Website, Application, Services may not be exported or re-exported: (a) into any Canadian or United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Website, Application and Services, you represent and warrant that (i) neither you nor your listed Facility or Space is located in a country that is subject to a Canadian or U.S. Government embargo, or that has been designated by the Canadian or U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any Canadian or U.S. Government list of prohibited or restricted parties. You also will not use the Website, Application and Services for any purpose prohibited by Canadian or U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. MITURF does not permit Facility or Space Listings associated with certain countries due to Canadian and/or U.S. embargo restrictions.
  • Dispute Resolution: You and MITURF agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Website or Application (collectively, “Disputes”) will be settled by binding arbitration , except that each party retains 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 MITURF are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and MITURF 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.
  • Arbitration Location and Procedure. Unless you and MITURF otherwise agree, the arbitration will be conducted in Ontario. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and MITURF submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
  • Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. MITURF will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
  • Arbitrator Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, MITURF will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
  • Changes: Notwithstanding the provisions of the “Modification” section above, if MITURF changes this “Dispute Resolution” section after the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use), you may reject any such change by sending us written notice (including by email to membersupport@miturf.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of MITURF’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and MITURF in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).
  • Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without MITURF’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. MITURF may assign or transfer its rights and obligations under these Terms of Use, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.
  • Notices: Any and all notices permitted or required hereunder, including those regarding modifications to these Terms, must be in writing. Notices to MITURF must be delivered in by courier or registered mail to:

MITURF, INC

32 Bridley Drive, Scarborough ON, Canada M1V 1A9


Notices to you shall be sent via the email address you provide, by registered mail, or by posting to the Website or Application, where applicable. For notices sent by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.


  • Indemnification: You hereby indemnify MITURF, its shareholders, officers, directors, employees, representatives, successors and assigns (jointly, severally and collectively the "Indemnified Party") and hold the Indemnified Party harmless against any and all losses and damages (including reasonable legal and accounting fees) arising out of any claim made by any third party, arising from or relating to your use of the MITURF Website, Application, and/or Services, any alleged violation by you of the applicable terms, your interaction with any Member or Space Partner, your booking of a Facility or Space, the use, condition or rental of a Facility or Space by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Facility or Space, and/or any alleged violation by you of any applicable law or regulation. MITURF reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, but this shall not excuse your indemnity obligations.
  • Entire Agreement: The Terms of Use, together with the End User License Agreement and the Privacy Policy, constitutes the entire agreement between you and MITURF with respect to the subject matter hereof and cancels and supersedes any and all prior understandings or agreements with respect thereto.
  • Governing Law: The Terms of Use will be interpreted in accordance with the laws of the province of Ontario in the country of Canada, without regard to the notion of conflict-of-laws. You and we agree to submit to the personal jurisdiction of a state court located in Ontario, Canada for any actions for which the parties retain 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, as set forth in the Dispute Resolution provision contained herein.
  • No Waiver of rights: The failure of MITURF to enforce any right or provision of these Terms of Use shall not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MITURF. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.



Contacting MITURF: If you have any questions about these Terms or any App Store Sourced Application, please contact MITURF at membersupport@miturf.com.


Terms of Service & Privacy Policy For Space Partners

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, CLAUSES THAT GOVERN JURISDICTION, THE DISPUTE RESOLUTION PROCESS, AND OBLIGATIONS FOR COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS.

IN PARTICULAR, MITURF ENJOINS SPACE PARTNERS TO UNDERSTAND THE APPLICABILITY OF THE MUNICIPAL LAWS AND BY-LAWS OF THEIR RESPECTIVE CITIES. SPACE PARTNERS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A FACILITY OR SPACE ON MITURF.


Last Updated: July 21, 2017

TERMS OF SERVICE FOR SPACE PARTNERS

  • If you are a Space Partner using the MITURF Site, Application or Services and you reside in Canada or the United States, you are contracting with miTurf, Inc. with respect to use of the “MITURF” Site, Application or Services, and with respect to any payments to or from you conducted through the Site, Application or Services.
  • The MITURF product/service provides an online platform that connects venues (“Space Partners”) who have sport and recreational, creative, and/or professional spaces to rent with customers, whom are also MITURF registered users (“Members”) seeking to book time for the use of the space (collectively, the “Services”), which Services are accessible at www.MITURF.com and any other websites through which MITURF makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”).
  • By using the MITURF Site or Application, you understand and agree that all trademarks, service marks, logos, trade names and any other proprietary designations of MITURF used herein are trademarks or registered trademarks of MITURF. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
  • By using the MITURF Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services.
  • These Terms govern your access to and use of the MITURF Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and miTurf, Inc.
  • If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the MITURF Site, Application or Services. Failure to use the MITURF Site and Application in accordance with these Terms may result in your account being blocked and may subject you to civil and, where applicable, criminal penalties.



THE MITURF SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH SPACE PARTNERS (DEFINED BELOW) MAY CREATE FACILITY OR SPACE LISTINGS (DEFINED BELOW) FOR TEMPORARY USE (DEFINED BELOW) AND SPACE BOOKING CUSTOMERS (“MEMBER”) (DEFINED BELOW) MAY LEARN ABOUT AND BOOK USAGE DIRECTLY WITH THE SPACE PARTNERS WHO ULTIMATELY IS THE PROVIDER OF A SPACE. YOU UNDERSTAND AND AGREE THAT MITURF IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN SPACE PARTNERS AND SPACE BOOKING CUSTOMERS (MEMBERS), NOR IS MITURF A REAL ESTATE BROKER, AGENT OR INSURER. MITURF HAS NO CONTROL OVER THE CONDUCT OF SPACE PARTNERS, SPACE BOOKING CUSTOMERS (MEMBERS) AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY FACILITIES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.


Key Terms

  • Adjusted Exchange Rate” means a rate for foreign currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by MITURF for its holding costs and foreign currency risks.
  • “Base Exchange Rate” means a system-wide rate used by MITURF for foreign currency conversion that is in effect at the time the foreign currency conversion is processed, and does not include any fee or mark-up by MITURF. MITURF establishes the Base Exchange Rate using data from one or more third parties such as OANDA (www.oanda.com).
  • “Booking Currency” means the currency in which a Member has to pay for his or her booking. At the time the Member submits a booking request, the MITURF platform will process the Booking Currency as specified by the Space Partner and as featured in the Space Profile Details. MITURF supports only a certain number of currencies as Booking Currencies. The Booking Currency for a booking may be different from the relevant Listing Currency.
  • Booking Request” means an expression of committed interest via the activation of a “Request to Book” function on the MITURF Site, Application or Service. The booking request requires an up-front payment to which the Space Partner must approve the booking request for the secured rental to become official.
  • Cancellation Policy” means a MITURF imposed policy that is meant to regulate and standardize booking cancellations across the MITURF platform. Booking cancellations made by a Member before 48 hours of a confirmed booking time results in a full refund of the Total Rental Fees (excluding Concierge Fees). Bookings cancellations made by a Member more than 48 hours before a confirmed booking time does not qualify for any refund. If a Space Partner initiates the cancellation, the Member receives a full refund of the Total Rental Fees (including Concierge Fees).
  • Collective Content” means Member/Partner Content and MITURF Content.
  • “Concierge Fees” means the fee that MITURF charges a Space Partner for the use of its online platform, which is calculated as a percentage of the rental fees paid by a Member to rent a Facility or Space. The Concierge Fees will be displayed to the Space Partner when the Space Partner is asked whether to approve or reject an inquiry or booking request from a prospective Member customer.
  • “Confirmed Booking” or “Confirmed Booking Permit” or “Permit” refers to the official proof or record made available via the MITURF Site, Application or Service, that acts as the authoritative document that a Member was granted exclusive use by a Space Partner under the terms stated within the Permit.
  • Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
  • Convenience Fees” means the service fee that MITURF may charge a Member for using the MITURF Site, Application or Services for facilitating and helping secure a confirmed booking. MITURF reserves the right to charge a Convenience Fee for if a Space Partner approves your Booking Request or if you submit a successful payment for an Approved Inquiry and subsequently you are awarded a an official Confirmed Booking.
  • Display Currency” means the currency in which users view Space Listing prices on the MITURF platform. Currently, MITURF does not allow users to change the Display Currency in order to view the pricing for a Space Listing in a chosen supported currency.
  • Earnings” means collectively all revenues as a result of a Member paying for the rental of a Space. The Space Partner’s Earnings Revenue is calculated by Total Rental Fees minus Concierge Fees.
  • Guest” means a Non-Member Individual or Member who is an invited individual by a Member via the Site, Application or Service or external, to either contribute to the rental of a space rental, or to participate in an activity in the Space. A Guest is not the Space Partner or Member.
  • Guest Processing Fees” means the service fee that MITURF may charge the guest of a Member for submitting a payment to the Space Partner or as a method of collecting payments from guests. The Guest Processing Fees will be displayed to the Member or Member’s Guest when prompted to make a payment. This Guest Processing Fee resembles a bank charge when sending an email money transfer.
  • Inquiry” means an expression of general interest via the activation of an “Inquire” function on the MITURF Site, Application or Service. The inquiry does not require an up-front payment to which the Space Provider must approve the inquiry prior to the Member submitting a payment for the approved inquiry.
  • “Listing Currency” means the currency in which a Space Listing’s price is set. The Listing Currency is set by the location address of the country the Space resides. This means if a Space is in Toronto, ON Canada, the listing currency is in Canadian Dollars.
  • Member” or “Space Booking Customer” means a person who completes MITURF’s account registration process and is at liberty to use the MITURF platform as a person seeking to book/rent spaces on the platform, as described under “Account Registration” below. A member also engages and participates in an activity in the Space at a rented time and is not the Space Partner.
  • Member/Partner Content” means all Content that a Member or Space Partner posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
  • MITURF Content” means all Content that MITURF makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member or Space Partner Content.
  • Payout Currency” means the currency in which a Space Partner’s payout will be paid to the Space Partner. The Payout Currency is determined by the location address of the country the Space Partner operates in.
  • Request Period” means the period of time of when a Member has submitted an inquiry or booking request and the start date/time of the requested time. The Request Period varies depending on when the inquiry or booking request was made and when the rental time is being requested.
  • Request Period” means the time period starting from the time when an inquiry or booking is submitted by a Member (as determined by MITURF in its sole discretion), within which a Space Partner may decide whether to approve or decline that inquiry or booking request, as stated on the Site, Application or Services.
  • Service Fees” means collectively the Processing Fees and the Concierge Fees.
  • Space” or “Facility” means any physical place listed on MITURF that an establishment (“Space Partner”) offers for temporary rental through the MITURF platform.
  • Space Listing” or “Listing”, means a Space that is listed by a Space Partner as available for temporary rental via the Site, Application, and Services by MITURF Members (Defined below).
  • Space Partner”, “Space Provider” or “Venue” means an affiliate user who creates a Space Listing via the Site, Application and Services and offers a listed space for rent to MITURF Members (Defined below).
  • Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), that Space Partners may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
  • Total Rental Fees” or “Total Amount” means the amounts that are due and payable by a Member in exchange for a Space Partner’s approval to use a Facility or Space. The Space Partner alone, and not MITURF, determines these amounts. The Space Partner may in his or her sole discretion decide to include in these amounts


    • a post-use maintenance fee or any other cleaning fees
    • Security or Supervision fee
    • Taxes that the Space Provider determines that he or she has to collect.



Certain areas of the MITURF Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the MITURF Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the MTURF Site, Application, Services, or Collective Content.


YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE MITURF SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE MITURF SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT IS GRANTED.

If you are accepting these Terms or acting on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

  • MITURF reserves the right, at its sole discretion, to modify the MITURF Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice.
  • If the terms are modified, MITURF will post the modification on the Site or via the Application or provide you with notice of the modification. MITURF reserves the right, at its sole discretion, and at any time, not to provide a notice.
  • MITURF will update the “Last Updated Date” at the top of these Terms. By continuing to access or use the MITURF Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.
  • If the modified Terms are not acceptable to you, your only recourse is to cease using the MITURF Site, Application and Services.


Eligibility

  • The MITURF Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
  • If the MITURF Site, Application and Services are being used by person under the age of 18, miTurf, Inc. assumes the person under the age of 18 has been authorized by their respective parents or guardians to use the MITURF Site, Application and Services. As such, the same governing terms and conditions applies as person who are 18 years of age and older.


DESCRIPTION OFTHE WEBSITE, APPLICATION AND SERVICES

General

  • What MITURF Offers: MITURF makes available an online and mobile platform resembling a marketplace with related technologies for Space Partners and Members to meet online and arrange for bookings of Spaces directly with each other. The MITURF Site, Application and Services can be used to facilitate the listing and booking of spaces, namely sporting and recreational spaces and other type of properties.
  • Who Creates Listings: Such Spaces are included in Listings on the Site, Application and Services as added by Space Partners or by the MITURF team.
  • Accessibility: You may view Listings as an unregistered Member or “Visitor” to the MITURF Site, Application and Services; however, if you wish to inquire or book a Space, you must first register to create a MITURF Member account or login to your Member account. Space Partners who are logged in cannot view listings of other Space Partners. If you wish to create a Listing to allow Members to submit inquiries and booking requests for member usage and payment to you, you must first register to create a MITURF Space Partner account or login to your Space Partner account.
  • Out of Scope Services: MITURF is not an owner or operator of properties, including, but not limited to, indoor/outdoor spaces such as sporting facilities (soccer fields, football fields, basketball courts, ice-hockey arenas, tennis courts, etc.), recreational amenities, office/working spaces, musical spaces or creative art studios; nor is it a provider of such properties or Facility Spaces, and MITURF does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control such properties or Facility Spaces or any transportation services related to such properties.
    • Exceptions: MITURF may choose to own and/or operate a property for temporary listing via the MITURF Site or Application, and if so will be clearly labeled on the associated Space Profile.
  • Scope of Service: Unless explicitly specified otherwise in the MITURF platform, MITURF’s responsibilities are limited to:
    • Facilitating the availability of the MIURF Site, Application and Services and
    • Serving as the limited payment collection agent of each Space Partner for the purpose of accepting payments from Members on behalf of the Space Partner.
  • Fees Applicability: In consideration for the use of MITURF’s mobile and online marketplace and platform, MITURF may charge you, as a Space Partner, a Concierge Fees defined below.
    • Concierge Fees: Applicable to Space Partners, “Concierge Fees” is calculated as 10% percentage commission of the Total Rental Fees payable to miTurf, Inc. and
  • Earnings Calculation: MITURF deducts the Concierge Fees from the Total Rental Fee before remitting the balance, considered as “Earnings”, to the Space Partner as described in these Terms of Service.
  • Payout Methods: Balances will be remitted by MITURF to Space Partners via check, PayPal, direct deposit or other payment methods described on the MITURF Site or via the Application, in the Space Partner’s currency of where their Facility or Space Location resides. Amounts may be rounded up or down as described the “Rounding Off” section below.
  • Rounding Off: MITURF may, in its sole discretion, round up or round down amounts that are payable from or to a Member or Space Partner to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, MITURF will round up an amount of $101.50 to $102.00, and $101.49 to $101.00. Some currencies are denominated in large numbers. In those cases, MITURF may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for MITURF to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.


Account Registration

  • Condition: In order to access Space Provider applicable features of the MITURF Site and Application, and to create a Listing and accept inquiries, booking requests and receive payments, you must register to create an account (“Space Partner Account”) and become a Space Partner. If you do not register as a Space Partner, MITURF may in its sole discretion, limit accessibility to certain features aimed at Space Partners.
  • SNS Registration: MITURF may, in its sole discretion, allow you to register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via the Website or Application, as described below. By registering through such a Third-Party Account you give MITURF permission to access, store, and use your information from the applicable Third-Party Account(s) as permitted by the applicable TPS and as may be described in the Privacy Policy.
  • Third-Party Service (i.e. Facebook): As part of the functionality of the MITURF Site, Application and Services, and if made available, you may link your MITURF Account with Third-Party Accounts, by either:
    • Providing your Third-Party Account login information to MITURF through the Site, Services or Application; or
    • Allowing MITURF to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
  • Disclosure: You represent that you are entitled to disclose your Third-Party Account login information to MITURF and/or grant MITURF access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating MITURF to pay any fees or making MITURF subject to any usage limitations imposed by such third-party service providers.
  • Privilege Acceptance: By granting MITURF access to any Third-Party Accounts, you understand that MITURF will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the MITURF Site, Services and Application via your MITURF Account and MITURF Account profile page.
  • Content: Unless otherwise specified in these Terms, all SNS Content, which could be used, will be considered to be Member/Partner Content for all purposes of these Terms.
  • Activity/Content Sharing: Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, Space Partner identifiable information that you post to your Third-Party Accounts may be available on and through your MITURF Account on the Site, Services and Application.
  • Dependency/Availability: Please note that if a Third-Party Account or associated service becomes unavailable or MITURF’S access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the MITURF Site, Services and Application.
  • Disabling/Deactivating: You have the ability to disable/deactivate the connection between your MITURF Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application.
  • Reviews: MITURF makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and MITURF is not responsible for any SNS Content.
  • Convenience: For a faster on-boarding sign up experience, MITURF may create your MITURF Space Partner Account and your MITURF Space Partner Account profile page for your use of the MITURF Site and Application based upon the venue/establishment information you provide to us or that we obtain via an SNS as described above.


PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS (I.E. FACEBOOK).


  • Account Limits: You may have more than one (1) active MITURF Space Partner Account; however you can only view one Space Partner Account at a time. To access another account, you will need to change accounts via the Switch Account feature in the MITURF Site or Application.
  • Account Authenticity Agreement: You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
  • Account Blocking/Termination: MITURF reserves the right to suspend/block or terminate your MITURF Space Partner Account and your Space Partner access to the MITURF Site, Application and Services if any information provided during the registration process or thereafter proves to be inaccurate, misleading or is deemed to look suspicious for fraudulent activities.
  • Password Safeguarding: You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your MITURF Account, whether or not you have authorized such activities or actions.
  • Report Unauthorized Access: You will immediately notify MITURF of any unauthorized use of your MITURF Account.
  • Obligations on Account Deactivation, Deletion or Cancellation: Please note that if your MITURF Space Partner Account is deactivated, deleted or cancelled, MITURF is under no obligation to return to you any content you have posted to the MITURF Site, Application and Services, including, but not limited to, any descriptions, multimedia, earnings reports, transaction history, messages, reviews or feedback where applicable. If payments from earnings are owed to you, MITURF will process these payments as appropriate.


Creating and Managing Your Account

  • Logged In Condition: In order to create a Space Listing, you must be registered as a Space Partner and logged in to your Space Partner account.
  • Listing Information: To create a Space Listing, Space Partners must provide relevant information about the Space to be listed, including, but not limited to, the location, capacity, size, features, availability of the Space, pricing and related rules and financial terms.
  • Physical Address & Condition: In order to be featured on the MITURF Site, Application and Services, including on any marketing promoting your Space, all Spaces must have valid physical addresses and be in safe and well maintained condition.
  • Violation of Terms of Service: Spaces may be subject to approval or rejection by MITURF if the space is suspected of being or deemed unfitting for MITURF or if in violation with the Terms of Service.
  • Right of Removal: MITURF reserves the right, at any time and without prior notice, to remove or disable access to any Space Listing for any reason, including Space Listings that MITURF, in its sole discretion, considers to be objectionable, in violation of these Terms of Service, or otherwise harmful to the MITURF Site, Application or Services.
  • Feature/Functionality Services Charges: Please note that MITURF does not currently charge fees for the creation of Listings. However, you as a Space Partner acknowledge and agree that MITURF reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings or utilization of the “Inquire” feature. Please note that MITURF will provide notice of any Listing Fee collection via the Site, Application and Services, prior to implementing a fee for Listing or adopting the “Inquire” feature.
  • Availability Allowances: Members on MITURF will be able to inquire or request to book your Listed Spaces via the MITURF Site, Application and Services based upon the information provided in your Space Listing and if Space is in “Available” status for the time period requested.
  • Honoring an Approved Request: You understand and agree that once a Member requests a booking of a listed Space and you subsequently approve the request to book or inquiry, you may not charge a Member (who is at this point your “Customer”) a higher price than the price identified in the booking request or inquiry at the time the request was made and as shown on the approved inquiry or confirmed booking.
  • Managing of Space Profiles: As a Space Partner, you acknowledge and agree that you are responsible for any and all Space Listings you post.
  • Use of MITURF Photographic Material: In certain areas, Space Partners may have the option of having MITURF photographers photograph their Spaces and provide photos to be added in Space Profiles. Any photographs taken will be made available to Space Partners to include in their Space Listing with a watermark or tag bearing the words “MITURF Verified” or similar wording (“Verified Images”). All images, materials and content created by photographers of MITURF, including Verified Images, constitute MITURF Content, regardless of whether a Space Partner includes them in a Listing.
  • Agreements & Compliance: As a Space Partner, you represent and warrant that any Space Listing you post and the booking of, or usage of a Space that you post by a member:
    • Will not breach any agreements you have entered into with any third parties, such as any facility associations, condominium, lease or rental agreements, and
    • Will
      • Be in compliance with all applicable laws (such as zoning laws), Tax requirements, and rules and regulations that may apply to any Space included in a Space Listing you post (including having all required permits, licenses and registrations), and
      • Not conflict with the rights of third parties. Please note that MITURF assumes no responsibility for a Space Partner’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.
  • Common Understanding: As a Space Partner, you understand and agree that neither miTurf, Inc., nor any of their subsidiaries, contracting agents, or technology partners associated to miTurf, Inc. are acting as insurers, contracting agents or employers.
  • Member vs. Space Partner Agreement: If a Member obtains your approval to use a MITURF listed Space at your establishment or venue, any agreement you enter into with such Member is between you and the Member and MITURF is not a party thereto. Notwithstanding the foregoing, MITURF serves as the limited authorized payment collection agent of you, the Space Partner, for the purpose of accepting, on your behalf, payments from Members of such amounts stipulated by the Space Partner (including Supervision fees or other fees and/or Taxes associated to the confirmed booking).
  • MITURF Assistance: When you create a Space Listing, MITURF may assist with essential fundamental requirements in order to make a Member eligible to submit an inquiry or booking request. Members who are eligible to request an inquiry or booking request of your Space will be required to indicate activities or event to be held at your space. Additionally, Members will have a profile picture, verified phone number, and verified email address, verified payment information in order to inquire or book your listed Space.
  • Responsibility Agreement: You acknowledge and agree that, as a Space Partner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Space at your request or invitation, excluding the Member (and the individuals the Member invites to the Space, if applicable.)
  • Health, Safety, Liability Insurance: MITURF recommends that Space Partners obtain appropriate health & safety or other similar liability insurance for their Spaces. Please review carefully any insurance policy that you may have for the Facilities or Spaces you are offering and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of a Member (and the individuals the Member invites to the Facility or Space, if applicable) while at and /or using your Facility or Space.
  • Security Deposit Disclosure: You may choose to include security deposits in your Space Listing (“Security Deposits”). Each Space Listing will describe whether a Security Deposit is required for the applicable Space via “Other Fees”. If a Security Deposit is included as part of a booking, miTurf, Inc. via the Site, Application and Service will act as the facilitator to disclose this inclusion via your Space Profile and confirmed in your Confirmed Booking Permit. You are responsible for indicating whether a Security Deposit is required in addition to determining the Security Deposit amount where applicable.
  • Security Deposit Claims: You, as the Space Partner have 12 hours after the Member use of a confirmed Space to submit a Security Deposit claim for damages imposed by the Member, otherwise, MITURF reserves the right to, at its sole discretion, disregard and reject your claim as it becomes difficult to trace the root cause of the damages. miTurf, Inc. will use commercially reasonable efforts to address claims related to Security Deposits, but miTurf, Inc. is not responsible for administering or accepting any claims to miTurf, Inc. related to Security Deposits, and disclaims any and all liability in this regard.
  • Third-Party Insurance Agreement: You understand and agree that MITURF reserves the right, in its sole discretion, to make a claim under the Facility or Establishment’s insurance policy related to any damage or loss that you may have caused to a Space or any person or other property located at said Facility or Space. You agree to cooperate with and assist MITURF in good faith, and to provide MITURF with such information as may be reasonably requested by MITURF, in order to make a claim under your Facility or Establishment’s insurance policy, including, but not limited to, executing documents and taking such further acts as MITURF may reasonably request to assist MITURF in accomplishing the foregoing.
  • Due Diligence: MITURF ensures that payment methods are validated for pre-authorizations before a Member submits a payment for a Booking Request or submits a payment for an Approved Inquiry.
  • Approval/Decline Actions: If you are a Space Partner and an inquiry or booking request is requested for your Facility or Space via the MITURF Site, Application and Services, you will be required to either approve or decline the inquiry or booking request within the Request Period, otherwise the booking request will be automatically cancelled. The Request Period varies depending on when the inquiry or booking request was made and when the rental time is being requested.
  • Information Sharing on Inquiries: When an inquiry is submitted via the MITURF Site, Application and Services, we will share with you
    • Confirmation of the venue/space being requested
    • The First and Last Name of the Member who is making the inquiry
    • Age and Gender of the Member. Date of Birth will NOT be shared.
    • Number of people expected by the Member
    • The activity the Member is intending to partake during the requested time
    • The event the Member is intending to host during the requested time
    • The start date/time and end date/time of the rental
    • A link to the Member’s profile page
  • Information Sharing on Bookings: When a booking request is requested via the MITURF Site, Application and Services, we will share with you
    • Confirmation of the venue/space being requested
    • The First and Last Name of the Member who has requested the booking,
    • Age and Gender of the Member. Date of Birth will NOT be shared.
    • Number of people expected by the Member
    • The activity the Member is intending to partake during the requested time
    • The event the Member is intending to host during the requested time
    • The start date/time and end date/time of the rental
    • A link to the Member’s profile page,
    • The payment method supplied by the Member
    • The Total Rental Fees amount paid by the Member for the rental
    • The Concierge Fees paid to MITURF Services
    • The Earning amount to be earned and paid to the Space Partner if the booking is not cancelled by the Space Partner or if the Member violates the MITURF Cancellation Policy
  • Time Limitations: If you are unable to approve or decide to decline a booking request within the Request Period, any amounts collected by MITURF for the requested booking will not be charged to the applicable Member’s credit card and any pre-authorization of such credit card will be released.
  • Notifications & Alerts: When you approve an inquiry or booking request requested by a Member, MITURF will send you an email, and or push notification via the MITURF Application confirming such booking, depending on your notification preference selections you make via the MITURF Site, Application and Services.
  • Member Contact Information Sharing: When a booking is confirmed, MITURF will release and disclose the following contact information of the Member,
    • Phone number
    • Email
  • Earnings Payable: MITURF will collect the Total Rental Fees at the time of booking confirmation, deduct Concierge Fees and the remaining figure will show as Earnings to be paid to the Space Partner.
  • Earnings Deposits: Earnings are deposited each Friday into the Space Partner’s set up payout method.
  • Financial Institutions: Payout times from Earnings may depend upon the method for receiving payouts chosen by the Space Partner. Some methods involve the use of third-party payment processors, or Banking Institutions who may impose their own additional charges for the use of their services on the Space Provider, including by deducting their charges from the payout amount.
  • Banking Calendar: If a statutory holiday falls on the Friday, MITURF reserves the right to make the payment on the very next business day.
  • Additional Fees Definition: Space Partners, have the right, in their sole discretion to post any additional fees that may be required in order to book a Facility or Space that may include but not be limited to supervision fees. Space Partners may post fees at the time of listing a space or when editing the “Fees” of an existing space before booking. Additional fees are not to be added on top of the Total Rental Fees after a Member has confirmed a booking.
  • Honoring Agreement with Members: You agree to honor a Member’s booking request/inquiry “as is” and as presented in the confirmed booking/booking receipt/record on MITURF.
  • Cancellation Policy Agreement: By becoming a Space Partner, you acknowledge that MITURF may, agree to the following cancellation policy,
  • Cancellations before giving approval to book: If a Member cancels their Booking Request or Inquiry before a Space Partner’s Approval, MITURF does not consider this a Confirmed Booking and thus will not consider any funds to be Earnings.
  • Cancellations made less than 48 Hours: If a Member cancels a confirmed booking less than 48 hours before a confirmed rental time, Member will not obtain any refunds. When this occurs, the Space Partner WILL still receive applicable Earnings for this booking.
  • Cancellations made more than 48 Hours: Full refund to the Member (processed by MITURF) if cancellation is made more than 48 hours before the confirmed rental time. When this occurs, Space Partner will not receive any Earnings for this un-fulfilled booking.
  • Cancellations by Space Partner: Full refund to the Member (processed by MITURF) if cancellation is made by the Space Partner. When this occurs, Space Partner will not receive any Earnings for this un-fulfilled booking.
  • Cancellation Follow Ups: If you, as a Space Partner, cancel a confirmed booking, MITURF in its sole discretion, may apply penalties or consequences to you or your Space Listing, including
  • publishing an automated review on your Space Listing indicating that a reservation was cancelled,
  • keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or
  • Imposing a cancellation fee (to be withheld from your future payouts). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
  • Right to Deactivate Delete Account: You may Deactivate or Delete your MITURF Account at any time via your Account Settings of the Services or by sending an email to deacctivate@miturf.com. Please note that if your MITURF Account is deactivated or deleted, MITURF does not have an obligation to delete or return to you any content you have posted to

the Website, Application and Services, including, but not limited to, any reviews or feedback.

  • Space Partner Endorsement: MITURF does not endorse any Space Partner or any Facility or Space. MITURF is a platform whereby Space Partner advertise and sell vacant spaces available for temporary usage/rental. You understand and agree that images may be “verified” by MITURF for the intention of indicating that the photographic representation of the Facility or Space at the time the photograph was taken is accurate and has been reviewed and approved by MITURF.
  • Member Information Attestation: Members are required by these Terms to provide accurate information, and although MITURF may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
  • References: Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member or Space Partner has completed a relevant verification process, and does not represent anything else.
  • Due Diligence: Any description provided by a Member is not an endorsement, certification or guarantee by MITURF about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. MITURF recommends that Space Partners always exercise due diligence and care when deciding whether to approve an inquiry or booking request from a Member or interacting with any other Member.
  • Appropriate Supervision: MITURF is not responsible for any damage or harm resulting from your interactions with other Members. It is the responsibility of the Space Partner hosting the space, to supervise any Member renting and making use of the Space.
  • Claims: By using the MITURF Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Space Partners, Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm.
  • Liability Claims: By using the MITURF Site, Application or Services, you agree that you will hold MITURF free from any liability and shall not seek any legal remedy from MITURF with respect to actions or omissions from Members.
  • Limitation & MITURF Commitment: This limitation shall not apply to any claim by a Space Partner against MITURF regarding the remittance of payments received from a Member by MITURF on behalf of a Space Partner, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”. MITURF is committed to submitting payment earnings to Space Partners for Completed Bookings.


Disclaimers

  • Limited Payment Collection Agent Agreement: By signing up to MITURF, each Space Partner hereby appoints MITURF as the Space Partner’s limited payment collection agent solely for the purpose of accepting the Total Rental Fees from Members who are awarded a confirmed booking via the MITURF Site, Application and Services. MITURF’S obligation to pay the Space Partner is subject to and conditional upon successful receipt of the associated payments from a Member.
  • Omissions/Liability Agreement: In accepting appointment as the limited payment collection agent of the Space Partner, MITURF assumes no liability for any acts or omissions of the Space Partner.
  • As Is: Each Space Partner agrees that payments made by a Member through the MITURF platform, shall be considered the same as a payment made directly to the Space Partner, and the Space Partner will make the Facility or Space available to the Member in the agreed-upon manner as if the Space Partner has received the Rental Fees offline (outside of the MITURF, Site, Application and Service).
  • Payment Processing Errors: MITURF will take steps to rectify any payment processing errors that it becomes aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
  • Donations: Some Space Partners or Members may pledge to donate a portion of the funds transmitted from confirmed bookings made via the MITURF Site, Application and Services to a particular cause or charity. MITURF do not take any responsibility or liability for whether the Space Partner does in fact make the donation he or she pledged to make. In such cases, the Space Partner is responsible for its own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
  • Taxes: Tax regulations may require us to collect appropriate tax information from our Space Partners, or to withhold taxes from payouts to Space Partners, or both. For instance, in the United States, IRS regulations stipulate that MITURF must collect an IRS Form W-9 from our US Space Partners, and an appropriate IRS Form W-8 (e.g. Form W-8BEN) from non-US Space Partners with at least one Space Listing in the US. You, as a Space Partner are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Space Provider fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold payments to you (e.g. where you are a US Space Provider and you fail to provide us with a completed IRS Form W-9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both. You as a Space Partner understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Space Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. MITURF cannot and does not offer Tax-related advice to any Members.
  • Investigations: MITURF has the right to investigate and prosecute violations of any of the Terms of Service to the fullest extent of the law.
  • Lawful Disclosure: MITURF may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to
    • respond to claims asserted against MITURF or to comply with legal process (for example, subpoenas or warrants),
    • enforce or administer our agreements with users, such as these Terms (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of MITURF, its users, or members of the public .
  • Operating Governance: You acknowledge that MITURF has no obligation to monitor your access to or use of the MITURF Site, Application, Services or Collective Content or to review or edit any Member or Space Partner Content, but has the right to do so for the purpose of operating and improving the MITURF Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. MITURF reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that MITURF, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the MITURF Site, Application or Services.
  • Links: The MITURF Site, Application and Services may contain links to third-party websites or resources (i.e. for Advertisement Partners). You acknowledge and agree that MITURF is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MITURF of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources. Some portions of the MITURF platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use, located at, http://www.google.com/intl/en_us/help/terms_maps.html.


  • CODE OF CONDUCT - In connection with your use of the Website, Application, Services and Collective Content, you may not and you agree that you will not:

Be an accessory or perform technical abuse or legal violations: Use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the MITURF Site, Application, Services or Collective Content; this includes:

    • Using the MITURF Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
    • Copying, storing or otherwise accessing any information contained on the MITURF Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
    • Not using, copying, adapting, modifying, preparing derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the MITURF Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MITURF or its licensors, except for the licenses and rights expressly granted in these Terms.
    • Infringing the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
    • Interfering with or damage the MITURF Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
    • Using the MITURF Site, Application or Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
    • Using the MITURF Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
    • Using the MITURF Site, Application, Services or Collective Content in connection with money laundering, terrorist financing, and other financial crime.
    • “Stalking" or harassing any other user of the MITURF Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a MITURF Member or Space Partner.
    • Recruiting or otherwise soliciting any Space Partner or other Member to join third-party services or websites that are competitive to MITURF, without MITURF’s prior written approval;
    • Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity;
    • Using automated scripts to collect information from or otherwise interact with the MITURF Site, Application, Services or Collective Content;
    • Using the MITURF Site, Application, Services or Collective Content to find a Space Partner, Space Partner’s Listed Spaces or Members Information and then complete a booking of a Facility or Space independent of the MITURF Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to MITURF’s provision of the Services or for any other reasons;
    • Posting, uploading, publishing, submitting or transmitting any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
    • Systematically retrieving data or other content from the MITURF Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
    • Using, display, mirror or frame the MITURF Site, Application, Services or Collective Content, or any individual element within the MITURF Site, Application, Services or Collective Content, MITURF’s name, any MITURF trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the MITURF Site, Application or Services, without MITURF’s express written consent;
    • Accessing, tampering with, or use non-public areas of the MITURF Site, Application or Services, MITURF’s computer systems, or the technical delivery systems of MITURF’s Space Partners;
    • Attempting to probe, scan, or test the vulnerability of any MITURF system or network or breach any security or authentication measures;
    • Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by MITURF or any of MITURF’s providers or any other third party (including another user) to protect the MITURF Site, Services, Application or Collective Content;
    • Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the MITURF Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
    • Attempting to decipher, decompile, disassemble or reverse engineer any of the software used to provide the MITURF Site, Services, Application or Collective Content; or
    • Advocating, encouraging, or assist any third party in doing any of the foregoing.
  • Law Compliance Matters: By using the MITURF Site, Application or Services, you agree that you will not violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
  • Fraudulent Misrepresentation: By using the MITURF Site, Application or Services, you agree that you will offer, as a Space Partner, any Facility or Space that you do not yourself own, manage or have permission to issue permits to rent/use as a temporary recreational or work space property (without limiting the foregoing, you will not list Facility or Spaces as a Space Partner if you are serving in the capacity of a rental agent or listing agent for a third party); nor shall you offer, as a Space Partner, any Facility or Space that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement. One may not register for a MITURF Space Partner Account on behalf of an individual or establishment other than one’s own establishment;
  • Communication Misconduct: By using the MITURF Site, Application or Services, you agree that you will not contact a Member for any purpose other than asking questions related to a booking or such Member’s use of the MITURF Site, Application and Services;
  • False Advertising: By using the MITURF Site, Application or Services, you agree that you will not create any Facility or Space Listing with false or misleading price information, or submit any Facility or Space Listing with a price that you do not intend to honour;
  • Privacy: See MITURF’s Privacy Policy for information and notices concerning MITURF’s collection and use of the Space Partner and affiliate information.
  • Ownership: By using the MITURF Site, Application or Services, you acknowledge that:
    • The MITURF Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of Canada, the United States and other foreign countries.
    • The MITURF Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of miTurf, Inc. and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the MITURF Site, Application, Services, or Collective Content.
  • Application License - Subject to your compliance with these Terms, MITURF grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. You must comply with all applicable laws and third party terms of agreement when using the Application. Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. MITURF reserves all rights in the Application not expressly granted to you by these Terms.
  • MITURF Content and Member Content License: Subject to your compliance with the terms and conditions of these Terms, MITURF grants you a limited, non-exclusive, non-transferable license, to (i) access and view any MITURF Content solely for your personal and non-commercial purposes and (ii) if made available at MITURF’s sole discretion, access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the rights granted in this section.
  • Feedback: We welcome and encourage you to provide feedback, comments and suggestions for improvements to the MITURF Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at connect@miturf.com or through the “Contact Us” section of the MITURF Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of MITURF and you hereby irrevocably assign to MITURF all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At MITURF’s request and expense, you will execute documents and take such further acts as MITURF may reasonably request to assist MITURF to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
  • Copyright Policy: MITURF respects copyright law and expects its users to do the same. It is MITURF’s policy to terminate in appropriate circumstances your Space Partner MITURF Account if you repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your MITURF Space Partner Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you:
    • your MITURF Space Partner Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the MITURF Site, Application, Services, your MITURF Space Partner Account, your Content, or receive assistance from MITURF Customer Service
    • any submitted inquiries, booking requests, or confirmed bookings from Members will be immediately cancelled by MITURF, to which we will notify you when this occurs.
    • Pre-existing Earnings will continue to be processed; however any confirmed bookings yet to be completed will not be considered Earnings.


Disclaimers

  • USE AT YOUR OWN RISK: IF YOU CHOOSE TO USE THE MITURF SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT MITURF DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY REGISTERED USER ACCOUNTS, INCLUDING, BUT NOT LIMITED TO, MEMBERS SUCH AS MEMBERS, SPACE PARTNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION.
  • AS-IS AVAILABILITY: THE MITURF SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MITURF EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
  • NO WARRANTY: MITURF MAKES NO WARRANTY THAT THE MITURF SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE FACILITY LISTINGS OR ANY SPACES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MITURF MAKES NO WARRANTY REGARDING THE QUALITY OF ANY FACILITY OR SPACE LISTINGS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE MITURF SITE, APPLICATION OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MITURF OR THROUGH THE MITURF SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  • COMMUNICATION AT OWN RISK: YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE MITURF SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE MITURF SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO THE USER COMMUNITY SUCH AS MEMBERS, GUESTS, OR SPACE PARTNERS.
  • STATEMENT VERIFICATION: YOU UNDERSTAND THAT MITURF MAY ATTEMPT TO VERIFY CONTENT VALIDITY BUT DUE TO THE HIGH VOLUME OF CONTENT, MITURF DOES NOT GUARANTEE THE VALIDITY OF ALL STATEMENTS OF USERS OF THE MITURF SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY FACILITY OR SPACE LISTINGS. MITURF MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE MITURF SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES.
  • PRECAUTIONS: YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE MITURF SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE MITURF SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, MEMBERS, USERS, GUESTS, OR SPACE PARTNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY MITURF. NOTWITHSTANDING MITURF’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE SPACE PARTNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM MEMBERS ON BEHALF OF THE SPACE PARTNER. MITURF EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
  • LIMITATIONS OF LIABILITY: YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE MITURF SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, ANY FACILITY OR SPACE LISTINGS VIA THE MITURF SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF MITURF WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER MITURF NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE MITURF SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE MITURF SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE MITURF SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE MITURF SITE, APPLICATION, SERVICES, OR ACCESS TO ANY FACILITY OF SPACE VIA THE MITURF SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MITURF HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE SPACE PARTNER PURSUANT TO THESE TERMS, IN NO EVENT WILL MITURF’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE MITURF SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, THE USE OF A SPACE OR LISTING VIA THE MITURF SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE MITURF SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY FACILITY OR SPACE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE MITURF SITE, APPLICATION AND SERVICES AS A MEMBER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A SPACE PARTNER, THE AMOUNTS PAID BY MITURF TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MITURF AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


  • Export Control and Restricted Countries: You may not use, export, re-export, import, or transfer the MITURF Site, Application, Services, except as authorized by miTurf, Inc. under Canadian or United States law, the laws of the jurisdiction in which you obtained the MITURF Site, Application, Services, and any other applicable laws. In particular, but without limitation, the MITURF Site, Application, Services may not be exported or re-exported: (a) into any Canadian or United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the MITURF Site, Application and Services, you represent and warrant that (i) neither you nor your listed Facility or Space is located in a country that is subject to a Canadian or U.S. Government embargo, or that has been designated by the Canadian or U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any Canadian or U.S. Government list of prohibited or restricted parties. You also will not use the MITURF Site, Application and Services for any purpose prohibited by Canadian or U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. MITURF does not permit Facility or Space Listings associated with certain countries due to Canadian and/or U.S. embargo restrictions.
  • Indemnification: You agree to release, defend, indemnify, and hold MITURF and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the MITURF Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Space Partner Content; (c) your (i) interaction with any Member, (ii) approvals of inquiries or booking requests or (iii) creation of a Facility or Space Listing; (d) the condition of a Facility or Space by Members, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of an approved booking or use of a Facility or Space.


  • Accessing and Downloading the Application from iTunes: The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
  • You acknowledge and agree that (i) these Terms are concluded between you and miTurf, Inc. only, and not Apple, and (ii) miTurf,Inc., not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
  • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  • In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between miTurf, Inc. and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of miTurf,Inc.
  • You and miTurf,Inc. acknowledge that, as between miTurf,Inc. and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • You and miTurf,Inc. acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between miTurf, Inc. and Apple, miTurf, Inc. not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • You and miTurf, Inc. acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
  • Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.


  • Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without MITURF’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. MITURF may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
  • Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by MITURF (i) via email (in each case to the address that you provide) or (ii) by posting to the MITURF Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
  • Entire Agreement: These Terms constitute the entire and exclusive understanding and agreement between miTurf, Inc. and you regarding the MITURF Site, Application, Services, Collective Content, and any inquiring or bookings or Facility or Space Listings of made via the MITURF Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between MITURF and you regarding any inquiring or bookings or listings of any Facility or Spaces on the MITURF Site, Application, Services, and Member/Partner Content.
  • Governing Law: These Terms will be interpreted in accordance with the laws of the province of Ontario in the country of Canada, without regard to the notion of conflict-of-laws. You and we agree to submit to the personal jurisdiction of a state court located in Ontario, Canada for any actions for which the parties retain 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, as set forth in the Dispute Resolution contained herein.
  • Dispute Resolution: You and MITURF 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 to the use of the Services or use of the MITURF Site or Application (collectively, “Disputes”) will be settled by binding arbitration , except that each party retains 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 MITURF are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and MITURF 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.
  • Arbitration Location and Procedure. Unless you and MITURF otherwise agree, the arbitration will be conducted in Canada. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and MITURF submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
  • Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. MITURF will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
  • Arbitrator Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, MITURF will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
  • Changes: Notwithstanding the provisions of the “Modification” section above, if MITURF changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to partnersupport@miturf.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of MITURF’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and MITURF in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
  • No Waiver of rights: The failure of MITURF to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MITURF. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.


Contacting MITURF: If you have any questions about these Terms or any App Store Sourced Application, please contact MITURF at partnersupport@miturf.com.