Terms of Use Agreement - Property Owners/Managers

Covid-19 Notice

While bnbfinder anticipates that all properties listed through the Service will be complying with the most recent guidance and protocols issued by the World Health Organization (WHO) and the Centers for Disease Control and Prevention (CDC) for slowing the transmission of COVID-19, both the known and potential dangers of visiting the properties may, despite the property owner's and/or bnbfinder's reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death. YOU AGREE THAT VISITING THE PROPERTIES MAY INVOLVE INHERENT DANGER AND RISK AND THAT YOU ASSUME FULL RESPONSIBILITY FOR, AND RISK OF ILLNESS, BODILY INJURY OR DEATH RESULTING FROM, VISITING ANY PROPERTY LISTED THROUGH THE SERVICE.

Terms

This Terms of Use Agreement (this "Agreement"), is a legal agreement between you, either individually or on behalf of your corporation, partnership, sole proprietorship, or other business entity ("you” or "your") and bnbfinder, LLC, its affiliates, and each of their respective successors and assigns (collectively, "bnbfinder") governing your use of (i) the bnbfinder website accessible via innkeepers.bnbfinder.com or another web site or IP address designated by bnbfinder, (ii) any mobile application operated by bnbfinder, (iii) the content contained in any of the foregoing, (iv) any offline components provided by bnbfinder for use in connection therewith, and (v) if applicable, enrollment in the bnbfinder Diamond Collection program (collectively, the "Service"). If you have entered into a written and signed agreement with bnbfinder, that agreement supersedes, governs, and controls with respect to any conflicting term or provision in this Agreement.

BY USING THE SERVICE, OR DOWNLOADING, INSTALLING, ACTIVATING OR OTHERWISE USING ANY OF THE MATERIALS AVAILABLE THEREON, YOU ARE AGREEING THAT YOU HAVE READ, AND AGREE TO COMPLY WITH AND BE BOUND BY, THE TERMS OF THIS AGREEMENT AND THE LINKED PRIVACY POLICY IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, BNBFINDER’S PRIVACY POLICY, AND ALL APPLICABLE LAWS, DO NOT ACCESS OR USE THE SERVICE.

  • Listings.

    All listings through the Service are subject to review by bnbfinder to ensure advertisements are of interest to travelers and comply with this Agreement. You will be provided with an e-mail link and a link to your own web site and availability calendar. Your site’s traffic statistics will be furnished to you from time to time. You will have the ability to update your listing on-line using a password-protected site.

    • bnbfinder’s Rights with Respect to Your Listings.

      bnbfinder reserves the right to accept or reject listings from any party, and to accept or reject specific listings, for any reason or no reason at any time. Your listing is a paid advertisement and not an endorsement by bnbfinder. bnbfinder may remove listings posted by any party who submits false or intentionally misleading information or is deemed inappropriate for the website by bnbfinder in its sole discretion.

      • Restrictions on Use of the Service.

        You acknowledge and agree that except as otherwise authorized under this Agreement or otherwise specified in writing between the parties:

        • You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, grant a security interest in, or otherwise transfer any rights to, or commercially exploit, the Service or any information, documents, software, products and services contained or made available to you in the course of using the Service (the “Content”) or use the Service to run or as part of a service bureau, outsourced, or managed services arrangement;
        • You shall not copy, reproduce, republish, upload, post, transmit or distribute the Service or the Content in any way;
        • You shall not modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute or display, or create derivative works, compilations or collective works based on the Service or the Content;
        • 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;
        • You shall not access the Service for any reason, including without limitation, in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, (c) copy any ideas, features, functions or graphics of the Service, (d) monitor its availability, performance or functionality, or (e) for any other benchmarking or competitive purposes;
        • You shall not access the Service if you sell or provide any service or software that may compete with bnbfinder’s services or software (a “Competitor”);
        • You shall not attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of bnbfinder 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;
        • You shall not attempt to probe, scan or test the vulnerability of a system, account or network of bnbfinder or any of its customers or suppliers, any bnbfinder product or service, or those of any other party;
        • 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 software;
        • 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 bnbfinder 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;
        • 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;
        • 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 bnbfinder (or bnbfinder supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any bnbfinder (or bnbfinder supplier) facilities used to deliver the Service;
        • You shall not create or use any program, tags, markers, bots, mousetraps, highjackers or other similar computer routines or sub-routines to automatically access or manipulate the Service; and
        • 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.

      • 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 these Terms, please contact bnbfinder using the information under "Questions or Additional Information" section below.


        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 bnbfinder may be entitled, if actual damages cannot be reasonably calculated then you agree to pay bnbfinder liquidated damages of $100 for each violation of this Section 4 or the maximum liquidated damages permitted under law, whichever is greater; otherwise you agree to pay bnbfinder's actual damages, to the extent such actual damages can be reasonably calculated.

      • Account Obligations and Access.

        You shall: (i) notify bnbfinder immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to bnbfinder immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you; (iii) notify bnbfinder when you no longer require access to the Service; and (v) keep all of your profile 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.

        • 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 bnbfinder or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the Service constitutes a valuable trade secret and/or is the confidential information of bnbfinder 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 bnbfinder 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 bnbfinder 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 bnbfinder and its licensors irreparable injury, which may not be remedied at law, and you agree that bnbfinder and its licensors' remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.

          • Trademarks.

            The bnbfinder name, logo, other related names, design marks, product names, feature names and related logos are trademarks of bnbfinder and may not be used, copied or imitated, in whole or in part, without the express prior written permission of bnbfinder. 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 bnbfinder and may not be copied, imitated or used, in whole or in part, without the express prior written permission of bnbfinder.

            • Term; Termination; Suspension of Service.

              The term of this Agreement commences on your first use of the Service and continues for a period of twelve months. Thereafter, the term will automatically renew for successive twelve month periods until you provide us with notice of your intention not to renew the term. Any unauthorized use of the Service will be deemed a material breach of this Agreement. bnbfinder, 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 bnbfinder’s then-current payment or refund policies. In addition, bnbfinder may terminate a free account at any time in its sole discretion.

              • 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 entity to these terms and conditions, 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.

                • Indemnification.

                  You shall defend, indemnify and hold bnbfinder 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 act or omission by you with respect to (i) your use of the Service or (ii) your breach or violations of this Agreement.

                  • Content license.

                    You hereby grant bnbfinder a non-exclusive, non-transferable, royalty-free, irrevocable license to use, copy, reproduce, make derivative works of, and publish your Content through the Service.

                    • Content Guidelines.

                      bnbfinder reserves the right to refuse postings on the Service of, or to remove from the Service, any content contributed by users that (i) fails to meet content guidelines that bnbfinder 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 bnbfinder in its sole discretion. In addition, bnbfinder has the right, but have no obligation, to revise content generated by a user to cause such content to comply with bnbfinder’s content guidelines, formatting requirements, or to improve the accessibility of such content. You are responsible for reviewing any content you submit to confirm that any changes made by bnbfinder are accurate and not misleading.

                      • Gift Cards/Redemption Products.

                        If your listing is located in the United States, Canada or Mexico, you may elect to participate in the bnbfinder Getaway Gift Card™ program (each, a “Participating Property”). Physical and electronic gift certificates and gift cards (collectively, “Redemption Products”) sold by bnbfinder may be redeemed at Participating Properties in accordance with the terms of this Agreement. bnbfinder designates Participating Properties participating in the Service with a special gift certificate icon on the Participating Property’s listing.

                        • Only one Redemption Product may be redeemed per stay at each Participating Property.
                        • Redemption Products may not be used at the same Participating Property for back-to-back reservations.
                        • Advance reservations are required.
                        • Each Participating Property agrees not to impose blackout dates on any Redemption Product, however all rooms are subject to availability at time of booking.
                        • Redemption Products may only be redeemed on reservations booked directly with the Participating Property or for reservations made directly on bnbfinder.com. Redemption Products are not valid for bookings made on any other third party sites.
                        • Redemption Products may not be used in combination with special offers or discounts, third-party promotions, group bookings, wedding, or other group functions.
                        • A Participating Property has no obligation to accept Redemption Products for group services or dining.
                        • 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.
                        • When redeeming a Redemption Product, Participating Property agrees to request photo ID and credit card along with their valid Redemption Product.
                        • ALL POLICIES APPLICABLE TO ANY PARTICIPATING PROPERTY, INCLUDING DEPOSIT, MINIMUM STAY AND CANCELLATION POLICIES APPLY.
                        • 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.
                        • Redemption Products are not redeemable for cash and Participating Property is not responsible to refund any unused portion to the Guest directly.
                        • Participating Property is not responsible for lost or stolen Redemption Products.

                      • When a user of the Service who has purchased a Redemption Product (a “Guest”) presents the Redemption Product for redemption at the Participating Property, the Participating Property must submit the Redemption Product to bnbfinder for payment. Redemption Products 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 bnbfinder online.


                        Payments will be made to all participating properties that have submitted redemptions twice a month - within 5 business days after the 15th of the month and the last day of the month.


                        All member properties will receive 100% of the redemption amount, less a 3.15% CC and Stripe processing and handling fee. All non-member properties that participate in the Program will receive 90% of the redemption amount, less a 3.15% CC and Stripe processing and handling fee.

                      • Fees.

                        bnbfinder may, at its discretion, charge a fee for your access to and use of the Services offered through the Service. In some cases, those fees may be calculated as a percentage amount paid to you by a traveler. In those cases, the service fee and any applicable value added tax will be charged after both parties enter into an agreement. Once collected by bnbfinder, a service fee will not be refunded, even in event of a cancellation of that agreement. You may make payment by credit card on an annual basis consistent with bnbfinder’s subscription renewal policy.

                        • Diamond Collection.

                          In addition, you may elect (subject to the other provisions of this Section 15, including with respect to membership criteria and payment of fees) to have your rental property designated as a member of the bnbfinder Diamond Collection program (each, a “bnbfinder Diamond Collection Property”). bnbfinder designates bnbfinder Diamond Collection Properties participating in the Service with a special bnbfinder Diamond Collection icon next to the bnbfinder Diamond Collection Property’s listing. The primary listing for a bnbfinder Diamond Collection property will be in the city or town where it is physically located. If you own several inns, each inn must qualify and be listed separately with its own bnbfinder membership.

                            • Membership Criteria. In order to have your rental property designated as a bnbfinder Diamond Collection Property, you must first apply for such designation by providing to bnbfinder the information requested on the bnbfinder Diamond Collection application interface of bnbfinder’s website. bnbfinder will then determine, in its sole discretion, whether your property is eligible to qualify as a bnbfinder Diamond Collection Property, taking into account such factors as bnbfinder deems appropriate, including without limitation, the following, which must be met at all times in order for such property to remain a bnbfinder Diamond Collection Property:

                              • Basic Criteria. The property must be a “bed and breakfast” or “country inn” type of property, including the following characteristics: (i) the property must consist of fewer than 40 rooms unless the property is historic in nature (more than 50 years old), (ii) breakfast must be served or available upon request (and may be included in the rental price or available at an extra charge), and (iii) guest rooms must be individually decorated. For the avoidance of doubt, properties that are part of large chains with similar decor/architecture do not qualify, including, without limitation, hotels/motels, vacation rentals, campgrounds, apartments and RV parks.

                              • Additional Requirements. The property must have or provide to its guests, as applicable:

                                • All current applicable licensing and operating permits,

                                • Secure online reservations,

                                • Free internet for guests,

                                • Concierge services,

                                • Private bathrooms in the majority of room options,

                                • Liability insurance coverage with at least US $1 million of comprehensive business liability,

                                • Professional photos,

                                • Flexible check-in and guaranteed late arrival,

                                • Staffing seven days a week from 6AM to 8PM Central,

                                • 24 hour guest access to service and staff, and

                                • Proactively maintains high guest satisfaction.

                              • Professional Inspection. The property must have passed a professional inspection within the most recent four (4) years measuring the property's quality, service, hospitality, accommodations, food, amenities, an overall guest experience. At present, bnbfinder accepts the following inspection ratings:

                                • AAA three diamonds or higher.

                                • Forbes (formerly Mobil) three stars or higher.

                                • Relais & Châteaux.

                                • Select Registry.

                                • Your state association inspection (if offered) indicating a quality satisfactory to bnbfinder - these are reviewed on a case by case basis to determine the extent of the inspection.

                                • Bedandbreakfast.com Diamond Collection in-person inspection indicating a quality satisfactory to bnbfinder (in order to qualify using this inspection, you must have owned the property at the time of the last inspection).

                                • If your property has been inspected by another agency that you feel might qualify your inn for membership in the bnbfinder Diamond Collection, send that to Tim@bnbfinder.comfor consideration.

                                • If your property has received the TripAdvisor Certificate of Excellence for the most recent three (3) or more consecutive years, a separate professional inspection will not be required.

                              • Duration of Existing Operations. bnbfinder strongly recommends that only rental properties that have been open for business for at least one full year should apply to be designated as a bnbfinder Diamond Collection Property. During the first few months of a new operation, there are often many uncertainties and unexpected issues that may arise, making it advisable to wait until the business is more established. bnbfinder may in its sole discretion grant exceptions to this requirement if you demonstrate an exemplary history of hospitality and innkeeping experience or if your rental property has already received a satisfactory inspection rating as described in Section 15(a)(iii) above.

                              • Additional Criteria for Renewals. In addition, if bnbfinder has designated your rental property as a bnbfinder Diamond Collection Property, as a condition precedent to the automatic renewal of such designation in accordance with Section 15(b) below, at the time of renewal, either (i) your bnbfinder Diamond Collection Property must have an average rating of at least 4.0 on Google and TripAdvisor or (ii) if the criteria in the preceding clause (i) is not met, you must discuss with bnbfinder's Diamond Collection director your business operations and plans for improvement and he or she, in his or her sole discretion, must be satisfied based on such discussion that the bnbfinder Diamond Collection Property designation should be renewed.

                              • IF YOU HAVE ANY QUESTION ABOUT WHETHER OR NOT YOUR PROPERTY MEETS THE SPECIFICATIONS OF A BED AND BREAKFAST OR COUNTRY INN OR ANY OTHER REQUIREMENTS OF THE DIAMOND COLLECTION, PLEASE CONTACT BNBFINDER BEFORE SIGNING UP FOR THIS MEMBERSHIP.

                            • Diamond Collection Fees. If bnbfinder determines that your rental property meets the requirements for a bnbfinder Diamond Collection Property under Section 15(a), it will notify you of such determination and the applicable monthly or annual fee, depending on whether you opted into monthly or annual billing through the bnbfinder Diamond Collection application interface of bnbfinder’s website (the “bnbfinder Diamond Collection Fee”), you must pay in order to have such rental property designated as a bnbfinder Diamond Collection Property. bnbfinder Diamond Collection Fees are payable in advance on the first business day of the applicable billing period. Provided that you are not delinquent in payment of your monthly or annual bnbfinder Diamond Collection Fees, your rental property will be enrolled as a bnbfinder Diamond Collection Property until the date that is one (1) year from the date you make the initial payment of the bnbfinder Diamond Collection Fees; provided, that on each anniversary of such date such enrollment will automatically renew for an additional one (1)-year term (and you will be obligated to pay the bnbfinder Diamond Collection Fees for such additional term, as adjusted by bnbfinder in its sole discretion upon notification to you, for such additional term) unless (i) you notify bnbfinder in writing at least 30 days prior to such anniversary date that you have elected not to renew such enrollment or (ii) bnbfinder determines that the criteria in Section 15(a) are not met as of such anniversary date. The bnbfinder Diamond Collection Property anniversary date may be viewed at any time by logging into your bnbfinder dashboard.

                            • Miscellaneous. Your enrollment of a property as a bnbfinder Diamond Collection Property, and each automatic renewal thereof, constitutes your representation, warranty and covenant that you will cause such property to meet the criteria in Section 15(a) at all times during the term set forth above. Notwithstanding anything to the contrary herein, in the event bnbfinder at any time determines that your rental property fails to meet any of the criteria in Section 15(a), bnbfinder may immediately and permanently revoke the property’s designation as a bnbfinder Diamond Collection Property upon notification to you. In such event, bnbfinder will have no obligation to refund any portion of any bnbfinder Diamond Collection Fee to you, and you hereby agree that bnbfinder’s retainer of such funds is reasonable in light of the harm it will suffer as a result of your breach of the representation, warranty and covenant set forth above. However, bnbfinder may in its sole discretion apply any prorated portion thereof against any fees for Services under Section 14 upon notification to you. In the event your rental property ceases to be a bnbfinder Diamond Collection Property, whether due to (i) your property’s failure to meet the criteria in Section 15(a), (ii) your notice of nonrenewal or failure to pay bnbfinder Diamond Collection Fees under Section 15(b) or (iii) bnbfinder’s revocation under this Section 15(c), you shall immediately cease to represent such property as a bnbfinder Diamond Collection Property, including without limitation on any website or social media, on the property itself, or in any marketing collateral.

                          • Disclaimer of Warranties.

                            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, BNBFINDER, INCLUDING ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUBCONTRACTORS, DISTRIBUTORS, SERVICES PARTNERS, AGENTS AND MARKETING PARTNERS) AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS (COLLECTIVELY, THE "BNBFINDER PARTY(IES)") 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 AND ACCURACY AND NON-INTERFERENCE; (B) NEITHER BNBFINDER NOR ANY BNBFINDER 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 BNBFINDER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (D) BNBFINDER AND THE BNBFINDER 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 BNBFINDER NOR ANY OF THE BNBFINDER PARTIES SHALL HAVE ANY LIABILITY OR RESPONSIBILITY THEREFOR.

                            • 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 these terms 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 BNBFINDER, 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 BNBFINDER NOR ANY OF THE BNBFINDER PARTIES SHALL BE LIABLE FOR ANY INTERFERENCE WITH OR PREVENTION OF YOUR ACCESS TO AND/OR USE OF THE SERVICE.

                              • Limitation of Liability.

                                NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL BNBFINDER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST TIME OR GOOD WILL, EVEN IF BNBFINDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. BNBFINDER SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES. IF, DESPITE THE LIMITATIONS ABOVE, ANY BNBFINDER 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 BNBFINDER PARTY’S LIABILITIES WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE TRANSACTION FEES ASSESSED FOR YOUR TRANSACTIONS THROUGH THE SERVICE, 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.”

                                • Not a Party to Rental Agreements.

                                  The Service provides a platform for travelers to find temporary housing at inns, bed and breakfasts and similar properties. bnbfinder is not a party to any agreement, written or oral, between travelers, property 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 the properties advertised, the truth or accuracy of the listings, and the ability of a user to occupy a particular property are solely the responsibility of each user, and bnbfinder is not a party to that agreement.

                                  • Notice.

                                    bnbfinder may give notice by means of a general notice via the Service, electronic mail to your e-mail address on record in bnbfinder’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in bnbfinder’s account information. 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 bnbfinder (such notice shall be deemed given when received by bnbfinder) at any time by any of the following: letter sent by confirmed facsimile to bnbfinder at the following fax number: (646) 491-6932; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to bnbfinder, 3801 N. Capital of Texas Hwy., Suite 240-308, Austin, Texas 78746, addressed to the attention of: Contracts Compliance Officer.

                                    • Modification to Terms.

                                      bnbfinder reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

                                      • Assignment; Change in Control.

                                        This Agreement may not be assigned by you without the prior written approval of bnbfinder but may be assigned without your consent by bnbfinder 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 bnbfinder directly or indirectly owning or controlling 50% or more of you shall entitle bnbfinder to terminate this Agreement for cause immediately upon written notice.

                                        • Notification of Infringement.

                                          bnbfinder 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 bnbfinder’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 bnbfinder’s Copyright Agent:

                                            • Information reasonably sufficient for us to contact you: name, address, phone and e-mail address (if available);
                                            • A description of the copyrighted work or intellectual property that you claim has been infringed, or if multiple works, a listing of such works;
                                            • Information reasonably sufficient to permit us to locate your work on the site;
                                            • 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;
                                            • 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;
                                            • 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, we will remove or disable access to the allegedly infringing content and promptly notify the alleged infringer of your claim.

                                          • Dispute Resolution.

                                            In the event that you and bnbfinder are unable to resolve a dispute within thirty (30) days of written notice of the dispute, you and bnbfinder agree to resolve such dispute through final and binding arbitration. You and bnbfinder 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 bnbfinder otherwise agree in writing. You may not initiate any legal action or proceeding against bnbfinder or any of bnbfinder’s employees, managers, members or agents, in any other forum or location.

                                            • You further agree that you may resolve any dispute with bnbfinder 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 bnbfinder 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. Notwithstanding the foregoing, either you or bnbfinder 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 intellectual property infringement or unfair competition without first engaging in the arbitration process described above.

                                            • General.
                                              • 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.
                                              • 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 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.
                                              • It may be necessary for bnbfinder 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. bnbfinder 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.
                                              • No joint venture, partnership, employment, or agency relationship exists between you and bnbfinder as a result of this agreement or use of the Service. The failure of bnbfinder 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 bnbfinder in writing.
                                              • Neither party shall be liable to the other party for any failure to perform any of its obligations (except payment obligations) under this Agreement during any period in which such performance is delayed by circumstances beyond its reasonable control including, but not limited to, fire, flood, war, embargo, strike, riot or the intervention of any governmental authority.
                                              • If you have not entered into another agreement with bnbfinder regarding the subject matter contained herein, then this Agreement comprises the entire agreement between you and bnbfinder 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 bnbfinder have entered into another agreement regarding the subject matter set forth herein that is a written and signed agreement between you and bnbfinder, 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 or Additional Information:

                                            If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to info@bnbfinder.com.