Terms of Use

These terms are between you and Bald Cactus, LLC, a Delaware limited liability company (“we”, “us”), which operates NearStays at www.nearstays.com. By using the site you accept them. If you do not, do not use the site.

How we handle information is covered separately, in the Privacy Policy, which forms part of these terms.

You must be at least 18 and able to enter a binding contract. You may not use NearStays if we have previously barred you, or if the law where you are forbids it.

Searching needs no account. Signing in is by a one-time code emailed to you, which means whoever controls that mailbox controls the account — keep it secure, and tell us at hello@nearstays.com if you believe someone else has reached yours. You are responsible for what happens under your account.

We may suspend or close an account that breaks these terms, or that is being used in a way that threatens the service or the people using it.

• —Access the site by automated means — scraping, crawling, harvesting — or try to copy the listing data out of it in bulk. The search interface is for people looking for somewhere to live.
• —Circumvent, disable, or probe our rate limits, access controls, or any other protective measure.
• —Resell, relicense, republish or redistribute listing data, photographs, or other content obtained from NearStays.
• —Use the site to send anything unlawful, harassing, deceptive, or infringing, including through the feedback form.
• —Interfere with the service or place an unreasonable load on it, or on the third-party services it depends on.
• —Reverse engineer or attempt to derive the source of any part of the service, except where the law expressly permits it despite this restriction.

This is the most important thing on this page. NearStays does not own, create, control, verify, or take responsibility for the property listings it shows. They are collected from third-party sources, and they are shown as an index and a pointer to the original — never as a substitute for it.

• —We are not a real estate broker or agent. We do not represent landlords, tenants, hosts, guests, or anyone else, we are not party to any rental or booking, and we take no fee or commission from one. NearStays is an information service.
• —Nothing here is an offer. A listing shown on NearStays is not an offer to rent to you, and its appearance implies no availability, no price, and no endorsement.
• —Everything may be stale or wrong. Listings come from dated snapshots. Prices, availability, photographs and descriptions may be out of date, incomplete, or inaccurate at the moment you read them. Verify with the source before you act, and before you send anyone money.
• —Distances and travel times are estimates. They are computed from OpenStreetMap data as straight-line or modeled distances, not from live routing or traffic, and they can be wrong for reasons no map knows about.
• —Rent figures may be modeled rather than observed. Where the interface says a price is estimated, derived from public rent data, or synthetic, it means it, and that figure is not a quote from anyone.

Any dealing you have with a landlord, host, agent, platform, or other user found through NearStays is between you and them. We are not a party to it and are not responsible for it.

Beware of rental fraud. Nobody legitimate needs a wire transfer, gift cards, or cryptocurrency to hold an apartment, and nobody at NearStays will ever ask you for payment of any kind.

The NearStays name, interface, design and software belong to Bald Cactus, LLC. These terms give you permission to use the site as it is meant to be used, and nothing more.

Third-party material we rely on carries its own terms and its own credit:

• —Map data from OpenStreetMap contributors, licensed under the Open Database License.
• —Map tiles by CARTO.
• —Short-stay listing data from Inside Airbnb, under CC BY 4.0.
• —Other listing data and photographs remain the property of their respective owners and are shown under the terms of sections 6 and 8.

Anything you send us — feedback above all — you grant us permission to use to run and improve the service. Do not send us anything you consider confidential or that you are not free to share.

If you own a listing, a photograph, or other material appearing on NearStays and you want it removed, tell us and we will act. There are two addresses for that, and the difference is only about where the request is recorded.

Formal notices under the Digital Millennium Copyright Act go to our designated agent, registered with the United States Copyright Office. Note that this is a different address from the one used elsewhere on this site — use this one, so that the notice is logged where it belongs.

Anything short of a formal claim — a property owner, manager, or platform who simply does not want their listing indexed here — can go to hello@nearstays.com instead, and will be acted on just the same.

A DMCA notice should include:

• —Your physical or electronic signature, and your name, address, telephone number and email address.
• —Identification of the copyrighted work you say has been infringed.
• —The URL or other specific location on www.nearstays.com of the material you want removed — enough for us to find it.
• —A statement that you believe in good faith that the use is not authorized by the copyright owner, its agent, or the law.
• —A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for them.

We will remove or disable material we determine to be infringing, and we will terminate the access of anyone who is a repeat infringer. If your material was removed and you believe that was a mistake, you may send a counter-notice to the designated agent above, containing the corresponding statements required by the DMCA.

NearStays links out constantly — to listing pages, to map data, to the sources behind a price. Those sites are not ours, we do not control them, and their terms and privacy practices are theirs. Following a link is leaving.

The service is provided “as is” and “as available”, without warranty of any kind. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty as to the accuracy, completeness, currency or availability of any listing, price, distance, map, or other information on the site.

To the fullest extent permitted by law, Bald Cactus, LLC will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data, or losses arising from your reliance on any listing or information shown on the service — whether or not we were told such damages were possible.

Our total liability arising out of or relating to the service will not exceed one hundred United States dollars ($100). You are not charged for NearStays, and this cap reflects that.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. Where that is so, the exclusions and limits above apply to you only to the extent permitted, and nothing here limits liability for fraud, or for death or personal injury caused by negligence.

You agree to indemnify and hold harmless Bald Cactus, LLC, and the people who work for it, against claims, damages and reasonable legal costs arising from your use of the service in breach of these terms or of the law.

Write to hello@nearstays.com first. Most things are settled by an email from a person who can fix them, and we ask for thirty days to try before either of us starts anything formal.

These terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Any dispute that survives the paragraph above belongs in the state or federal courts located in Delaware, and both of us consent to their jurisdiction. Nothing here prevents either of us from bringing a claim in small claims court.

You may stop using NearStays at any time, and ask us to delete your account by writing to hello@nearstays.com. We may suspend or end your access if you break these terms, or if we discontinue the service. Sections 6, 7, 10, 11, 12 and 13 survive the end of this agreement.

If any part of these terms is found unenforceable, the rest stays in force. Our not enforcing something is not our giving it up. You may not transfer your rights under these terms; we may transfer ours in connection with a merger, acquisition, or sale of assets. These terms, together with the Privacy Policy, are the whole agreement between us about NearStays.

We may change these terms. When we do, the “last updated” date at the top moves, and material changes get more notice than that. Continuing to use the site after a change means you accept it.

Bald Cactus, LLC, a Delaware limited liability company
hello@nearstays.com