Membership Terms and Conditions
As a member of A Third Home, LLC, doing business as 3rd Home, you are agreeing to abide by the terms below.
As a Host Member, you agree to abide by the following:
- You will accurately represent your home in the description and photographs you provide to 3rd Home to post on the 3rd Home Web site. All photographs are current and accurately portray the way the property looks today.
- The value of your home determines the number of “keys” awarded to you for each Guest stay, so it is very important that you accurately represent the true value of your property in the “current” economic market. This is the actual value that your home or villa would sell for within a normal six month listing with a qualified brokerage firm in your area. Please be aware that if you misrepresent your property, your membership will be short-lived. Any misrepresentation of your property will allow 3rd Home the right to cancel your membership and revoke any keys in your account.
- As a Host Member, you agree to make sure that all ordinary and customary services will be made available to the Guest Member including - but not limited to - electricity, gas, water, sewer, telephone and that all customary appliances are provided in the home in good working order. The Host Member will make any necessary arrangements to help the Guest Member have access to the normal amenities associated with the property.
- The Host member warrants that the property is appropriately furnished for Guest Members to fully enjoy their vacation experience including linens, cooking utensils and customary supplies. Any valid complaints that a property is not furnished appropriately for Guest Members may result in a Host Member losing membership and forfeiting any keys earned. A Host Member is responsible for providing adequate information to a Guest Member regarding – but not limited to - security system, AC/heating system, entertainment system and appliances. It is the responsibility of the Host Member to maintain the landscaping, pool, road way to property and exterior.
- As a Host Member, you agree to have your property clean and ready for the Guest Member when they arrive. 3rd Home maintains a clean policy commensurate with any four to five star hotel standard. There are no exceptions to this rule; failure to adhere to this policy could result in termination of membership and forfeiture of any keys earned. The Host Member is also responsible for cleaning of the property following the Guest Member’s departure. The Guest Member agrees to leave the property “reasonably” clean but is not responsible for cleaning of linens and floors.
Host Members agree to have current appropriate homeowners insurance to cover any non-paying guests staying in their home. (Most homeowners insurance automatically covers guests staying at your property.)
As a Guest Member, you agree to abide by the following:
- The Guest Member is fully responsible for the activities and actions of those who use the Host Member’s property during the dates of the Exchange agreement including family members, guest and any others. Guest Member agrees to indemnify and hold harmless the Host Member, members of Host Member’s family, and 3rd Home against any and all claims, damages, cost and other expenses including attorney fees, for personal injury or property damage arising out of the use of the property by Guest Member and Guest Member’s family or invited guests, unless caused by Host Member’s gross negligence or intentional misconduct. As the Guest Member, you agree to be financially responsible for any damages caused by you, your family member or invited guests to this property during your stay.
- The Guest Member will accurately report the number of people staying in the property in the Exchange request.
- Guest Member agrees to leave the property on or before the ending date described in the confirmation agreement in the same good condition as when the Guest Member arrived. Guest Member should not be required to perform routine cleaning of the property that would ordinarily be performed by a cleaning or maid service. It is the responsibility of the Guest Member while at the property to be environmentally and financially conscious with the use of energy and water, especially in island homes where the water source may be very limited.
- No pets are allowed unless the property description allows for pets; your confirmation must state that pets are allowed and the Host Member has been made aware of all pets and has agreed to allow them at the property. Any violation of this strict policy will result in cancellation of membership and forfeiture of keys.
- No smoking is a strict standard policy in all of our properties. No exceptions.
- No long distance phone calls will be made from the Host Member’s property where a charge may result to the Host Member. Any long distance calls should be made via the Guest Member’s cell phone, credit card or as a collect call.
- Guest Member will immediately return any keys to the Host Member in the fashion the Host Member has requested.
- Following their stay, Guest Members agree to post a comment on the 3rd Home Web site about the property and their experience so that other members will have more information about the property prior to requesting an Exchange.
As a Member of 3rd Home you understand and agree to the following:
- You will not contact another 3rd Home Member unless you have a confirmation for an Exchange. Once you have the confirmed Exchange, 3rd Home will provide contact information to the Host and Guest Members.
- To the best of your ability, you agree to post dates that may likely be available for your property to give members an idea of availability. This helps members plan and saves members’ time if they know properties are not available during certain times. The dates posted are not guaranteed by Members nor is a request confirmed until dates are agreed to by the Host Member. When a Host Member receives an Exchange request, out of courtesy to the Guest Member, you agree to do everything possible to respond to that request within 24 hours.
- Once an electronic confirmation is made and both Host Member and Guest Member have agreed to an Exchange and dates, 3rd Home charges the Guest Member an exchange fee of $250 per week and debits/credits members’ accounts for “keys.” If for any reason, the Guest Member cancels the exchange, there are no refunds to Guest Member of exchange fee or keys.
- Refund Policy - Six months from his enrollment date any member that has not participated in an exchange has thirty days to request a full refund of the paid membership dues. If the member has not participated in an exchange and requests the refund during the thirty-day period the refund will be granted and the membership will be voided.
This Web Site is controlled and operated by A Third Home LLC, 3455 Peachtree Road Suite 975 Atlanta Georgia. All content on this Web Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by A third Home LLC, or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to A Third Home LLC. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may only use this Web Site to make legitimate exchanges or purchases and shall not use this Web Site for any other purpose, including without limitation, to make any speculative, false or fraudulent exchanges. You may print a copy of the content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of A Third Home LLC.
Any photos or description submitted become the property A Third Home LLC. You represent and warrant to us that the information posted by you including any photographs, is posted by you and that you are the exclusive author of the information and the exclusive owner of the photographs. You assign to us, with full title guarantee, all copyright with respect to any information and photographs which you post, and any additional information sent to us at any time in connection with your use of the service. You waive absolutely any and all rights to be identified as author of the information and owner of your photograph(s) and any similar rights in any jurisdiction in the world. In addition, other members may post copyrighted information, which has copyright protection, whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given express written permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By posting information, photographs or content on the service, you automatically grant, and you represent and warrant that you have the right to grant, to us and other members, free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, copy, perform, display, promote, publish and distribute such information, content and photographs and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
If the Host Member cancels the exchange for any reason, a refund of all keys will be made. The Host Member is responsible for the refund of the exchange fee to the Guest Member and responsible for any cost that may be associated with the changing of airfare tickets or any other cost made by the Guest Member in relation to the Exchange. 3rd Home is not acting as an agent to any party nor as a real estate broker or agent, it is only providing a database of vacation homes for Members to view. 3rd Home receives a nominal exchange fee for its services. In no event will 3rd Home, its employees, officers, directors, advisory board members, agents or Affiliated companies be liable to Host Members, Guest Members, or any family members or other guests regardless of the form or claim or action, whether under the exchange agreement, in warranty, in contract, in negligence, strict tort or otherwise, in an amount that exceeds the exchange fee paid by Guest Members. In no event will 3rd Home, its employees, officers, directors, contractors, agents or Affiliated companies be liable to Host Members, Guest Members, or any family members or guests for special, indirect, incidental or consequential damages, even if 3rd Home has been notified of the possibility or likelihood, that such damages occurred. The above limitations do not apply to intentional misconduct or gross negligence of 3rd Home. This agreement shall be governed exclusively by the laws of the State of Georgia and any legal action against 3rd Home must take place in the courts of Fulton County, Georgia. Any cost of court action initiated against 3rd Home in which 3rd Home prevails shall be paid for by the initiator.
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