finderco offers an online venue that enables users of its Service ("Members”) to publish, offer, search for, and book temporary rental of real property (each a "Property”). Members who are inn keepers, property managers, and homeowners or other parties who publish and/or offer Properties through the Service are "Owners” and Members who search for, book, or rent Properties are "Guests.” Each offering of a property through the Service is a "Listing”.
finderco does not directly own, control, offer, or manage any Listings or services that are offered by Owners. finderco is not a party to any contract or agreement, either written or online, entered into directly between Owners and Guests, nor is finderco a real estate broker, travel agency, or insurer. finderco is not acting as an agent in any capacity for any Owner or any Member.
Eligibility. By using the Service, you represent and warrant that you (i) are at least 18 years old, (ii) are of legal age to form a binding contract, and (iii) have not been previously removed or suspended from the Service by finderco.
Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees, and any other items identified during checkout, including but not limited to the costs of any damages to the Property. You are also agreeing that finderco may charge the payment method used to book the Listing to collect such amounts. When you receive the booking confirmation, a contract for access to a Property (a "Reservation") is formed directly between you, as the Guest, and the Owner. In addition to the terms of this Agreement, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing and creating a Reservation. Be aware that some Owners work with a co-owners or as part of a team to provide their Property(s).
Property Reservations. A Reservation for a Property is a contract that includes a limited license to enter, occupy, and use the Property for a designated period of time. The Owner retains the right to re-enter the Property during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Owner, and (iii) consistent with applicable law.
If you stay past checkout, the Owner has the right to require you to leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties.
You may not exceed the maximum number of guests allowed by the Reservation or identified in the Listing.
Cancellations, Travel Issues, and Refunds. In general, if as a Guest you cancel a Reservation, the amount refunded to you is determined by the cancellation policy that applies to that Reservation. However, in certain situations, other policies take precedence and determine what amount is refunded to you.
Term; Termination; Suspension of Service. The term of this Agreement commences on your first use of the Service and continues through any subsequent use of the Service thereafter. Any unauthorized use of the Service will be deemed a material breach of this Agreement. finderco, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement or finderco’s then-current payment or refund policies. In addition, finderco may terminate a free account at any time, and for any reason or no reason, in its sole discretion.
If you terminate your account as a Guest, any confirmed booking(s) or Reservations will be automatically cancelled, and any refund will depend upon the terms of the Reservation’s cancellation policy. When this Agreement has been terminated, you are not entitled to access the Service, or a restoration of your account or any of your User Content (as defined below). If your access to or use of the Service has been limited, or your account has been suspended, or this Agreement has been terminated by finderco, you may not register a new account or access or use the Service through an account of another Member.
Assumption of Risk. YOU ACKNOWLEDGE THAT MANY ACTIVITIES CARRY INHERENT RISKS AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND ANY CONTENT THEREON, INCLUDING YOUR STAY AT ANY PROPERTY, OR OTHER PROPERTY ADVERTISED OR OTHERWISE AVAILABLE THROUGH THE SERVICE OR ANY OTHER INTERACTION YOU HAVE WITH FINDERCO. THIS MEANS IT IS YOUR RESPONSIBILITY TO INVESTIGATE ANY PROPERTY PRIOR TO BOOKING A RESERVATION TO DETERMINE WHETHER IT IS SUITABLE FOR YOU. YOU ACKNOWLEDGE THAT YOUR STAY AT A PROPERTY MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY CHOOSING TO SELECT, TRAVEL TO, AND/OR STAY AT THAT PROPERTY.
Gift Certificates/Redemption Products.
Physical and electronic gift certificates and gift cards (collectively, "Redemption Products”) sold by finderco may be redeemed at properties in the United States and its territories, Canada and Mexico who have elected to participate in finderco’s program (each a "Participating Property”), for services designated by the Participating Property ("Qualifying Services”), in accordance with the terms of this Agreement. finderco designates Participating Properties available through the Service with a special gift certificate icon next to the Participating Property’s Listing.
NOT ALL PROPERTIES LISTED IN THE SERVICE ACCEPT REDEMPTION PRODUCTS, AND PARTICIPATING PROPERTIES AND QUALIFYING SERVICES ARE SUBJECT TO CHANGE FROM TIME TO TIME. Before planning a stay using a Redemption Product, it is your responsibility to verify the terms of the then-current Qualifying Services and then-current Participating Properties listed through the Service.
If a Redemption Product is presented to a Participating Property for fees that total less than the face value of the Redemption Product, the unused amount will remain on the Redemption Product and can be used for future reservations.
The following terms also apply to finderco’s Redemption Product program:
a.) An advanced Reservation is required.
b.) The Redemption Products are subject to the availability of the Participating Property.
c.) Redemption Products may only be redeemed on Reservations booked directly with the Participating Property or for Reservations made directly through the Service. Redemption Products are not valid for bookings made on other third-party sites.
d.) You must provide the order and Redemption Product numbers from the Redemption Product when booking a Reservation and present the Redemption Product to the Participating Property at check-in. When redeeming a Redemption Product, you may be asked to present a photo ID and credit card along with your valid Redemption Product.
e.) ALL POLICIES SPECIFIC TO EACH PARTICIPATING PROPERTY, INCLUDING DEPOSIT, MINIMUM STAY, AND CANCELLATION POLICIES APPLY.
f.) You are responsible for all taxes, duties, fees, gratuities, and assessments arising out of the use of the Redemption Product.
g.) For security reasons, you may not redeem any Redemption Product prior to seven (7) days after the date of purchase.
h.) Redemption Products are not redeemable for cash and are nonrefundable, except where required by applicable law.
i.) finderco is not responsible for lost or stolen Redemption Products.
j.) finderco reserves the right to change any of these terms and conditions from time to time without notice except where prohibited by applicable law.
k.) Redemption Products are void where prohibited or restricted by applicable law.
l.) Redemption Products may expire.
Listings. All listings through the Service are subject to review by finderco to ensure all materials posted, including all Listings of Properties, are of interest to Guests and comply with the terms of this Agreement. However, while finderco reserves the right to review Listings of Properties, it has no obligations to do so, and neither undertakes nor assumes any liability for finderco’s or its agents’ acts or omissions in connection with any review, or failure to review, any Listing and/or Property.
Creating and Managing Your Listing. finderco provides tools that make it easy for you to set up and manage a Listing. You may only maintain one Listing per Property but may have multiple Listings for a single property if it has multiple places to stay (i.e., multiple properties within a Property). Your Listing must include complete and accurate information about your Property including applicable prices, rates, other charges like cleaning fees, resort fees, other applicable fees, and any rules or requirements that apply to your Guests, Listing, or Property. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. It is recommended that Owners obtain appropriate insurance for the Properties that they offer through the Service, and that they carefully review policy terms and conditions including coverage details and exclusions for such policies.
finderco’s Rights with Respect to Your Listings. finderco reserves the right to accept or reject Listings from any party, and to accept or reject any Listing, for any reason or no reason at any time. Your Listing is a paid advertisement and not an endorsement by finderco. finderco may remove Listings posted by any party who submits false or intentionally misleading information or is deemed by finderco, in its sole discretion, inappropriate for the Services.
Lowest Advertised Price. You agree that the price advertised for your Listing through the finderco Service is and will be equal to or lower than the price charged for similar dates and durations of stay for that Listing or Property on your own site and through other sites or services. If a Guest identifies a lower price for a Listing on another site or service, you agree to make the Listing available to that Guest through finderco on the same or lower terms. If you fail to meet the lower fee, finderco may, at its option, in addition to all of its other rights under this Agreement or at law, terminate this Agreement without liability.
Cancellations and Travel Issues. All Reservations are made directly with the Guests. You should post your policies regarding cancelation, refund and other terms and conditions relating to the Reservation clearly and conspicuously. You agree to comply with the terms of such policies and agree not to deny any Guest the benefit of such policy without their consent.
Listing as a Team or Organization. If you work with a co-owner as part of a team, business, or other organization, the entity and each individual who participates in providing the Properties is responsible and liable as an Owner under this Agreement. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business, or other organization, as applicable, and that each entity you use is in good standing under, and is in compliance with, applicable law.
Compliance with Laws. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing and the access to, and use of, your property. For example, (i) some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals, and/or longer-term stays, (ii) some cities have zoning or other laws that restrict the short-term rental of residential properties, (iii) some jurisdictions require short-term rentals to register, get a permit, or obtain a license before providing certain services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle), (iv) some jurisdictions require that you register third party guests who stay at your Property or property, and (v) some jurisdictions have laws that create tenancy rights for third party guests and additional obligations for property owners, such as landlord-tenant, rent control, and eviction laws that may apply to longer stays. If you have questions about how local laws apply you should seek appropriate legal advice.
If you are an Owner and your account is terminated for any reason, any confirmed booking(s) or Reservations may be automatically cancelled, and you may be held liable for the reimbursement of any amounts received for any Reservations affected by such termination.
Fees. finderco may, at its discretion, charge a fee for your access to and use of the services offered through the Service.
Taxes. As an Owner, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes ("Taxes").
Collection and Remittance by finderco. In jurisdictions where finderco facilitates the collection and/or remittance of Taxes on behalf of Owners, you instruct and authorize finderco to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. finderco may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by finderco is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
Tax Information. In certain jurisdictions, Tax regulations may require that finderco collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, finderco may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that finderco may issue on your behalf invoices or similar documentation for VAT, GST, consumption, or other Taxes for the Reservation of your Property(s) to facilitate accurate tax reporting by you, our Guests, and/or their organizations.
Assumption of Risk. YOU ACKNOWLEDGE THAT RENTING YOUR PROPERTY CARRIES INHERENT RISKS AND YOU AGREE THAT YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE, ALLOWING THIRD PARTIES TO ACCESS YOUR PROPERTY, OR ANY INTERACTION YOU HAVE WITH OTHER PARTIES USING THE SERVICE, WHETHER IN PERSON OR ONLINE. YOU AGREE THAT YOU HAVE HAD THE OPPORTUNITY TO INVESTIGATE THE SERVICE AND ANY LAWS, RULES, REGULATIONS, OR OBLIGATIONS THAT MAY BE APPLICABLE TO YOUR LISTINGS OR USE OF THE SERVICE, AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OF LAW MADE BY FINDERCO.
If your listing is located in the United States, Canada, or Mexico, you may elect to participate in finderco’s gift card redemption program (each, a "Participating Property”). Physical and electronic gift certificates and gift cards (collectively, "Redemption Products”) sold by finderco may be redeemed at Participating Properties in accordance with the terms of this Agreement. finderco designates Participating Properties participating in the Service with a special gift certificate icon next to the Participating Property’s Listing.
When a Guest who has purchased a Redemption Product presents the Redemption Product for redemption at the Participating Property, the Participating Property must submit the Redemption Product to finderco for payment. Redemption Products may have redemption instructions printed on them. A Participating Property that receives a Redemption Product from a Guest simply needs to submit the required information from the Redemption Product to finderco online and select whether to receive payment by check or Automated Clearing House payment ("ACH”).
finderco will make payment to the Participating Property of the Redemption Product actually redeemed by the user at the Participating Property via check or ACH within 15 business days after finderco’s receipt of the Redemption Product from the Participating Property. finderco may retain a portion of the Redemption Product as compensation for finderco’s marketing, administrative, and other services. In such cases, finderco agrees to notify the Participating Property of any amounts held and to pay the balance owed to the Participating Property within the time period set forth above.
If a Redemption Product is presented to a Participating Property for fees that total less than the face value of the Redemption Product, the unused amount will remain on the Redemption Product and can be used for future reservations. All payments, refunds and other transactions under this Agreement will be made in U.S. dollars.
The following terms also apply to finderco’s Redemption Product program:
a.) Properties available through any Redemption Product are subject to availability at the Participating Property.
b.) Redemption Products may only be redeemed on Reservations booked directly with the Participating Property or for Reservations made directly on finderco.com. Redemption Products are not valid for bookings made on any other third-party sites.
c.) Each Participating Property must (i) collect the order and Redemption Product numbers from the Redemption Product when making the Reservation and (ii) verify the Guest has the Redemption Product at check-in.
d.) When redeeming a Redemption Product, Participating Property agrees to request photo ID and credit card along with their valid Redemption Product.
e.) ALL POLICIES APPLICABLE TO ANY PARTICIPATING PROPERTY, INCLUDING DEPOSIT, MINIMUM STAY, AND CANCELLATION POLICIES APPLY.
f.) Each Participating Property is responsible for collecting all taxes, duties, fees, gratuities, and assessments arising out of the use of the Redemption Product from the Guest directly.
g.) Redemption Products are not redeemable for cash and Participating Property is not responsible to refund any unused portion to the Guest directly.
h.) Participating Property is not responsible for lost or stolen Redemption Products.
Restrictions on License Grant. Your use of the Service is limited to the scope of the license granted in this Agreement and this Agreement does not permit you to use the Service other than as provided herein. You acknowledge that the Service comprises valuable trade secrets and/or the confidential information of finderco or its licensors. You acknowledge and agree that except as otherwise authorized under this Agreement or otherwise specified in writing between the parties:
a.) You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, grant a security interest in, or otherwise transfer any rights to the Service or any information, documents, software, products, and services contained or made available to you in the course of using the Service (the "Information”), or use the Service to run or as part of a service bureau, outsourced, or managed services arrangement;
b.) You shall not copy, reproduce, republish, upload, post, transmit, or distribute the Service or the Information in any way;
c.) You shall not modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute, display, or create derivative works, compilations, or collective works based on the Service or the Information;
d.) You shall not knowingly or negligently permit other individuals or entities to use or copy the Service, or create Internet "links" to the Service or "frame" or "mirror" the Service on any other server or wireless or Internet-based device;
e.) You shall not access the Service for any reason, including without limitation, in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions, or graphics of the Service, (iii) copy any ideas, features, functions, or graphics of the Service, (iv) monitor its availability, performance, or functionality, or (v) for any other benchmarking or competitive purposes;
f.) You shall not access the Service if you sell or provide any service or software that may compete with finderco’s services or software (a "Competitor”);
g.) You shall not attempt to use or gain unauthorized access to data, accounts, hosts, systems, or networks of finderco or any of its customers or suppliers, or those of any other party; breach the security of another user or system, or attempt to circumvent the user authentication or security of any host, network, or account, including, without limitation, accessing data not intended for you or logging into or making use of a server or account you are not expressly authorized to access;
h.) You shall not attempt to probe, scan, or test the vulnerability of any products or services offered through the Service, or of any system, account, or network of finderco or of any of its customers or suppliers;
i.) You shall not interfere, or attempt to interfere, with service to any user, host or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system or distribute programs that "crack,” or make unauthorized changes to, the Service;
j.) You shall not forge any TCP-IP packet header or any part of any header information, falsify, alter, or remove address information or other modification of e-mail headers; collect responses from unsolicited bulk messages, falsify references to finderco or the Service, by name or other identifier, in messages; impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity;
k.) You shall not post falsified Listings, switch guests from one property to another upon arrival without their consent, represent the property with falsified photos and descriptions, post listings through an illegitimate property management company, or other actions in which the information regarding the Owner or the Property has been falsified;
l.) You shall not restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose, or knowledge, to use or enjoy the Service (except for tools for safety and security functions), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to use, send, or retrieve information;
m.) You shall not restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any finderco (or finderco supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any finderco (or finderco supplier) facilities used to deliver the Service;
n.) You shall not create or use any program, tags, markers, bots, mousetraps, hijackers, or other similar computer routines or sub-routines to automatically access or manipulate the Service; and
o.) You may not use the Service if you are domiciled, operating, registered, or incorporated within the following countries: Afghanistan, Cuba, Iran, Iraq, North Korea, Somalia, Sudan, South Sudan, Syria, Crimea Region of Ukraine, Yemen, or Zimbabwe or any other country that appears on the United States’ Export Administration Regulation ("EAR”) list.
If you are aware of, or experience, any content, activity, or communication through or in connection with the Service that appears to be in violation of the above restrictions, or in violation of any other provision of this Agreement or applicable law, please contact finderco using the information provided at the bottom of this Agreement.
If you engage in any activity or communication through or in connection with the Service in violation of any of the above restrictions, in addition to any other damages to which finderco may be entitled, if actual damages cannot be reasonably calculated then you agree to pay finderco liquidated damages of $100 for each violation of this Section 4.1 or the maximum liquidated damages permitted under applicable law, whichever is greater; otherwise you agree to pay finderco’s actual damages, to the extent such actual damages can be reasonably calculated.
a.) suspend or limit your access to or use of the Service and/or your account;
b.) suspend or remove Listings, Reviews, or other User Content;
c.) cancel pending or confirmed bookings or Reservations; or
d.) suspend or revoke any special status associated with your account.
For minor violations or where otherwise appropriate as finderco determines in its sole discretion, you will be given notice of any intended measure by finderco and an opportunity to resolve the issue.
Booking Modifications. Guests and Owners are responsible for any booking modifications they agree to make via finderco, and agree to pay any additional amounts, fees, or taxes associated with any such modification.
Account Obligations and Access. You shall: (i) notify finderco immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to finderco immediately and use reasonable efforts to stop immediately any copying or distribution of User Content that is known or suspected by you; (iii) notify finderco when you no longer require access to the Service; and (v) keep all of your profile information and any applicable Listing information current. Where use of the Service is contingent on you accessing an "account" and/or inserting a "user identification" and/or "password", you agree that you will be solely responsible for the user id and passwords that are provided to you (as such passwords may be changed from time to time in accordance with features of the Service) to log-in to the password protected Service. If non-authorized individuals have access to your systems or to your user id and password, they may be able to use the Service. You shall keep any correspondence you receive relating to or through the use of the Service (including, but not limited to, your user id, passwords, and other registration or sign-in information) confidential and in a safe place and not disclose it to any third party. You will be responsible and liable for all communications and actions that take place through the use of your user id, including without limitation, any actions that occur without your authorization. Accordingly, it is your responsibility to take appropriate actions immediately if any password has been stolen, leaked, compromised, or otherwise used without proper consent. In order to protect the integrity of the Service, finderco reserves the right, in its sole discretion, to block users from certain IP addresses or ranges from accessing the Service at any time.
The Service may contain Listings, message boards, chat rooms, Member web pages or profiles, review systems, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to other Members or other persons content or materials (collectively, "User Content") on or through the Service.
By providing any User Content on the Service, you grant finderco and its affiliates and service providers, and each of their respective licensees, successors, and assigns a non-exclusive, non-transferable, royalty-free, irrevocable license to use, reproduce, modify, publish, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. Any User Content you post to the Service will be considered non-confidential and non-proprietary.
You represent and warrant that: (i) you own or control all rights in and to the User Content and have the right to grant the license granted above; and (ii) all of your User Content do and will comply with the terms of this Agreement. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not finderco, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
finderco is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Service.
After each completed Reservation, Guests and Owners will have an opportunity to review each other (each a "Review”). Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates the guidelines set out in this Section 4.5. Not all Reviews are verified by finderco for accuracy and may be incorrect or misleading. finderco reserves the right to, at any time, remove any Review that finderco, in its sole discretion, deems inappropriate or inaccurate.
finderco reserves the right to refuse postings on the Service of, or to remove from the Service, any User Content that (i) fails to meet content guidelines that finderco may publish from time to time, all of which are incorporated into this Agreement; or (ii) violates any part of this Agreement, applicable law, or any other requirements governing the posting of such content, in each case as determined by finderco in its sole discretion. In addition, finderco has the right, but has no obligation, to revise User Content to cause such User Content to comply with finderco’s content guidelines, formatting requirements, or to improve the accessibility of such User Content. You are responsible for reviewing any User Content you submit to confirm that any changes made by finderco are accurate and not misleading.
The following is a partial list of the kind of User Content that is illegal or prohibited on the Service. finderco reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication, and terminating the account of such violators. It includes, but is not limited to, User Content that:
e.) is patently offensive to the online community, such as content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
f.) harasses or advocates harassment of another person;
g.) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming;"
h.) promotes information that you know is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, profane, offensive, sexually oriented, racially offensive, defamatory, or libelous;
i.) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
j.) contains restricted or password only access pages, or hidden pages, or images (those not linked to or from another accessible page);
k.) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
l.) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
m.) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
n.) engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Intellectual Property Ownership. All right, title, and interest in the Service, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to this Agreement, including all copyrights, patents, trade secrets, trade dress, and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to finderco or its licensors, as applicable, and you shall have no rights whatsoever in or to any of the foregoing. You acknowledge that the Service constitutes a valuable trade secret and/or is the confidential information of finderco or its licensors. Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in the Service, in whole or in part. All content and materials included as part of the Service, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the "Works") are the property of finderco or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and finderco owns a copyright in the selection, coordination, arrangement, and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use, or copying of the proprietary products and services provided pursuant to this Agreement may cause finderco and its licensors irreparable injury, which may not be remedied at law, and you agree that finderco and its licensors' remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.
Trademarks. The "finderco,” "bnbfinder,” and all associated or related names, logos design marks, product names, feature names, and related logos are trademarks of finderco and may not be used, copied, or imitated, in whole or in part, without the express prior written permission of finderco. In addition, the look and feel of the Service (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark, and/or trade dress of finderco and may not be copied, imitated, or used, in whole or in part, without the express prior written permission of finderco.
Representations & Warranties. Each party represents and warrants that it has the legal power and authority to enter into this Agreement. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such an entity to this Agreement, in which case the terms "you" or "your" shall refer to such entity. If you do not have such authority, you must immediately stop using the Service. In addition, you agree to abide by all applicable local, state, national and foreign laws, treaties, ordinances, and regulations in connection with your use of the Service, including those related to taxes, credit cards, data and privacy, international communications, the transmission of technical or personal data, permits or license requirements, zoning ordinances, safety compliance, and compliance with all anti-discrimination and fair housing laws, as applicable.
Legal Mandates. finderco may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency, or governmental body.
Indemnification. You shall defend, indemnify and hold finderco, its affiliates, and each of their respective owners, shareholders, directors, members, managers, officers, directors, employees, agents, successors, and assigns harmless from and against any and all losses, damages, liabilities, costs, judgments, charges, and expenses, including reasonable attorneys’ fees, arising out of or relating to any claim, suit, action, or proceeding arising out of or related to (i) your use of or inability to use the Service or any content on the Service; (ii) any communications, interactions, or meetings you may have with someone you interact with or meet through, or as a result of, your use of the Service, (iii) the publishing of a Listing, booking of a Property, or formation of a Reservation through the Service, whether based on warranty, contract, tort (including negligence), (iv) your breach or violations of any representation, warranty or obligation in this Agreement; (v) any bodily injury or death of any person, or damage to real or tangible, personal property resulting from your act(s) or omission(s); and (vi) any claim that any information or materials provided by you infringe or misappropriate the intellectual property rights of any third party.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, (A) THE SERVICE IS PROVIDED "AS-IS" AND "WITH ALL FAULTS”, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FINDERCO, INCLUDING ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUBCONTRACTORS, DISTRIBUTORS, SERVICES PARTNERS, AGENTS, AND MARKETING PARTNERS) AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS (COLLECTIVELY, THE "FINDERCO PARTIES") DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICE, OR OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, ACCURACY, AND NON-INTERFERENCE; (B) NEITHER FINDERCO NOR ANY FINDERCO PARTY WARRANTS THAT (i) THE SERVICE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS, (ii) THE SERVICE WILL MEET YOUR REQUIREMENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; (C) YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS SUCH ERRORS OR VIRUSES ARE THE DIRECT RESULT OF FINDERCO’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (D) FINDERCO AND THE FINDERCO PARTIES, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE PRICING, DISCOUNTS, FEATURES, PRODUCTS, RESULTS, OR OTHER INFORMATION OBTAINED, GENERATED, OR OTHERWISE RECEIVED BY YOU FROM ACCESSING AND/OR USING THE SERVICE, OR OTHERWISE RELATING TO THIS AGREEMENT; AND (E) USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND NEITHER FINDERCO NOR ANY OF THE FINDERCO PARTIES SHALL HAVE ANY LIABILITY OR RESPONSIBILITY THEREFOR.
ANY PROPERTY RATINGS DISPLAYED THROUGH THE SERVICE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND THE FINDERCO PARTIES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. THE FINDERCO PARTIES MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS OR SERVICES. THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES THROUGH THE SERVICE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE FINDERCO PARTIES.
THE PROPERTY OWNERS OFFERING SERVICES THROUGH THE SERVICE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE FINDERCO PARTIES. THE FINDERCO PARTIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH PARTIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE FINDERCO PARTIES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Interruption of Service. YOU AGREE THAT THE OPERATION AND AVAILABILITY OF THE SYSTEMS USED FOR ACCESSING AND INTERACTING WITH THE SERVICE, INCLUDING, THE PUBLIC TELEPHONE, COMPUTER NETWORKS, AND THE INTERNET OR TO TRANSMIT INFORMATION, WHETHER OR NOT SUPPLIED BY YOU OR FINDERCO, CAN BE UNPREDICTABLE AND MAY, FROM TIME TO TIME, INTERFERE WITH OR PREVENT THE ACCESS TO AND/OR THE USE OR OPERATION OF THE SERVICE. NEITHER FINDERCO NOR ANY OF THE FINDERCO PARTIES SHALL BE LIABLE FOR ANY INTERFERENCE WITH OR PREVENTION OF YOUR ACCESS TO AND/OR USE OF THE SERVICE.
Additionally, it may be necessary for finderco to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Service or result in a partial or complete outage of the Service. finderco provides no assurance that you will receive advance notification of such activities or that the Service will be uninterrupted or error-free. Any degradation or interruption in the Service shall not give rise to a refund or credit of any fees paid by you.
Force Majeure. finderco shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, national or regional emergency, riots, transportation disruptions, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials, and other similar events beyond the reasonable control of the finderco.
Not a Party to Rental Agreements. The Service provides a platform for Guests to find temporary lodging. finderco is not a party to any agreement, written or oral, between Guests and Owners, or other users of the Service. As a result, any agreement between such parties, including agreements relating to the quality, condition, safety, or legality of a Property, the truth or accuracy of a Listing, and the ability of a Guest to occupy a particular Property are solely the responsibility the Members, and finderco is not a party to that agreement.
Relationship of Parties / Waiver. No joint venture, partnership, employment, or agency relationship exists between any Guest or Owner, on one hand, and finderco, on the other hand, as a result of this Agreement or use of the Service. The failure of finderco to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by finderco in writing.
Links. The Service may provide links to other internet sites or resources. You acknowledge and agree that finderco is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such sites or resources. You further acknowledge and agree that finderco shall not be responsible or liable, whether directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource.
finderco’s Affiliates. Listings appearing through the Service may originate through one or more of finderco’s affiliates, such as the Expedia Partner Solutions (each, an "Affiliate”). The content, services, goods, or advertisements offered by Affiliates are not maintained or controlled by finderco. finderco is, therefore, not responsible for the availability, content, accuracy, or privacy practices of any listings, services, or goods offered by an Affiliate or the compliance of any Affiliate with applicable laws, including the Americans with Disabilities Act or similar laws applicable to the Affiliate’s Listing or Property. finderco provides Affiliate Listings to you for convenience only and the inclusion of any Affiliate Listing does not imply any endorsement of the Affiliate, the Listing, or the Property offered in the Listing, by finderco. More specifically, finderco does not: (a) make any warranty, express or implied, with respect to the use of any Affiliate Listing or Property; (b) guarantee the accuracy, completeness, usefulness, or adequacy of any Affiliate Listing or Property; or (c) make any endorsement, express or implied, of any Affiliate Listing or Property.
Notice. finderco may give notice by means of a general notice via the Service, electronic mail to your e-mail address on record in your account information, or by written communication sent by first class mail or pre-paid post to your address on record in finderco’s account information for you. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to finderco (such notice shall be deemed given when received by finderco) at any time by any of the following: letter sent by confirmed facsimile to finderco at the following fax number: (646) 491-6932; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to finderco, 3801 N. Capital of Texas Hwy., Suite 240-308, Austin, Texas 78746, addressed to the attention of: Contracts Compliance Officer.
Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL FINDERCO BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF OPPORTUNITY, OR LOST TIME OR GOOD WILL, EVEN IF FINDERCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. FINDERCO SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES. IF, DESPITE THE LIMITATIONS ABOVE, ANY FINDERCO PARTY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN SUCH FINDERCO PARTY’S LIABILITIES WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE SERVICE FEE ASSESSED THROUGH THE SERVICE FOR THE TRANSACTION GIVING RISE TO THE CLAIM, OR (B) ONE-HUNDRED DOLLARS ($100.00). NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE SERVICE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE REMEDIES FAIL THEIR ESSENTIAL PURPOSE AND THAT, WITHOUT THESE LIMITATIONS, YOU WOULD HAVE PAID A HIGHER FEE FOR THE SERVICE PROVIDED HEREUNDER. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential, or certain other types of damages, so the exclusions set forth above may not apply to you.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Modification to Terms. finderco reserves the right to modify the terms and conditions of this Agreement and/or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement or such policies on the Service. You are responsible for regularly reviewing this Agreement and any such policies applicable to you and your use of the Service. Continued use of the Service after any such changes shall constitute your consent to and acceptance of such changes.
Assignment; Change in Control. This Agreement may not be assigned by you without the prior written approval of finderco but may be assigned without your consent by finderco to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of you that results or would result in a Competitor of finderco directly or indirectly owning or controlling 50% or more of you shall entitle finderco to terminate this Agreement for cause immediately upon written notice.
Notification of Infringement. finderco has adopted the following policy concerning copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA”), as codified in 17 U.S.C. §512. The contact information for finderco’s designated agent to receive notification of claimed copyright or intellectual property infringement ("Copyright Agent”) is listed in the "Questions or Additional Information” section below.
If you believe in good faith your content has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the following DMCA requirements to finderco’s Copyright Agent:
a.) Information reasonably sufficient for finderco to contact you: name, address, phone and e-mail address (if available);
b.) A description of the copyrighted work or intellectual property that you claim has been infringed, or if multiple works, a listing of such works;
c.) Information reasonably sufficient to permit finderco to locate your work on the site;
d.) A statement, made by you, that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law;
e.) A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner, or authorized to act on the copyright owner’s behalf;
f.) A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receiving a proper notification of alleged copyright infringement as described above, finderco will remove or disable access to the allegedly infringing content and promptly notify the alleged infringer of your claim.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send finderco a counter-notice. Counter-notices should be sent to the contact information at the end of this Agreement.
You may read more information about the DMCA at www.copyright.gov. There can be penalties for false claims under the DMCA. You should consult your legal advisor before filing a notice or counter-notice.
Any cause of action you may have with respect to your use of the Service must be commenced within one (1) year after the claim or cause of action arises.
If you and finderco are unable to resolve a dispute within thirty (30) days of written notice of the dispute, you and finderco agree to resolve such dispute through final and binding arbitration. You and finderco each agree to submit to the personal and exclusive arbitration of any disputes arising out of or relating to your use of the Service under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA”). The AAA Rules and fee information are available at www.adr.org. The arbitration shall be held in Travis County, Texas, unless you and finderco otherwise agree in writing. You may not initiate any legal action or proceeding against finderco or any of finderco’s employees, managers, members, or agents, in any other forum or location.
You further agree that you may resolve any dispute with finderco only on an individual basis, and that you may not bring any claim or demand as a plaintiff of, or otherwise participate as part of, any purported class, consolidated, or representative action or proceeding. In addition, unless you and finderco 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, consolidated, or representative proceeding.
Injunctive Relief. Notwithstanding the foregoing, either you or finderco may bring a lawsuit for injunctive relief to prevent and/or to stop (1) unauthorized use or abuse of the Service, (2) defamation, libel, or other false or misleading statements, or (3) any actual or threatened breach of the confidentiality obligations established under this Agreement, intellectual property infringement, or unfair competition, without first engaging in the arbitration process described above.
Jury Trial Waiver. You irrevocably and unconditionally waive, to the fullest extent permitted by applicable law, any right you may have to a trial by jury in any legal action, proceeding, cause of action, or counterclaim arising out of or relating to this Agreement, the Service, or the transactions contemplated hereby.
Choice of Law. This Agreement shall be governed by Texas law and controlling United States federal law, and any disputes, actions, claims, or causes of action arising out of or in connection with this Agreement or the Service, with the exception of claims for injunctive relief, shall be subject to the exclusive jurisdiction of the state and federal courts located in Austin, Texas.
Validity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provisions shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provisions, with all other provisions remaining in full force and effect.
Other Agreements. If you have not entered into another agreement with finderco regarding the subject matter contained herein, then this Agreement comprises the entire agreement between you and finderco and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding such subject matter. However, if you and finderco have entered into another agreement regarding the subject matter set forth herein that is a written and signed agreement between you and finderco, then this Agreement should be read and interpreted in conjunction with such agreement and, in the event of a conflict between this Agreement and a written, signed agreement between the parties, the written, signed agreement shall govern and control.
Questions and Additional Information. If you have questions regarding this Agreement or wish to obtain additional information regarding this Agreement and/or the Service, please send an e-mail to firstname.lastname@example.org.