Terms & Conditions

TRAVALISTING

Last Modified: September 30th, 2023

Platform Terms of Use

1. Acceptance of the Terms of Use:

These terms of use are entered into by and between you (either as an individual or on behalf of the legal entity you represent) and Unitat LLC doing business as Travalisting (“Travalisting”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of www.tavalisting.com, and any other website operated by Travalisting, whether as a guest or a registered user, and any Travalisting mobile or desktop apps (collectively, the “Travalisting Platform”).

Please read the Terms of Use carefully before you start to use the Travalisting Platform. By using the Travalisting Platform, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and the Travalisting Privacy Policy and incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Travalisting Platform.

This Travalisting Platform is offered and available to users who are 18 years of age or older and reside in the United States. By using the Travalisting Platform, you represent and warrant that you are of legal age to form a binding contract with Travalisting and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Travalisting Platform.

2.Changes to the Terms of Use:

Travalisting may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when Travalisting posts them and apply to all access to and use of the Travalisting Platform thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Travalisting Platform.

Your continued use of the Travalisting Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

3.Accessing the Travalisting Platform and Account Security:

Travalisting reserves the right to withdraw or amend the Travalisting Platform, and any service or material provided on the Travalisting Platform, in Travalisting’s sole discretion without notice. Travalisting will not be liable if for any reason all or any part of the Travalisting Platform is unavailable at any time or for any period. From time to time, Travalisting may restrict access to some parts of the Travalisting Platform, or the entire Travalisting Platform, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the Travalisting Platform.
Ensuring that all persons who access the Travalisting Platform through your internet connection are aware of these Terms of Use and comply with them.

To access the Travalisting Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Travalisting Platform that all the information you provide on the Travalisting Platform is correct, current, and complete. You agree that all information you provide to register with this Travalisting Platform, post on the Travalisting Platform, or otherwise, including but not limited to using any interactive features on the Travalisting Platform, is governed by the Travalisting Privacy Policy, and you consent to all actions Travalisting takes with respect to your information consistent with the Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of Travalisting security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Travalisting Platform or portions of it using your username, password, or other security information. You will be responsible for all activities that occur under that password. You agree to notify Travalisting immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You also represent and warrant that: (I) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; and (iii) you will not select or utilize a user name that Travalisting in its sole discretion deems offensive.

Travalisting has the right to disable any username, password, or other identifier, whether chosen by you or provided by Travalisting, at any time in its sole discretion for any or no reason, including if, in Travalisting’s opinion, you have violated any provision of these Terms of Use.

4. Travalisting Not a Party to Any Transaction:

The Travalisting Platform acts as a venue to allow property owners or managers who advertise on the Travalisting Platform (each, a “Property Owner”) to offer for rent in a variety of pricing formats, a specific short-term or medium-term rental property (“Property”) to potential renters (each, a “Traveler” and, collectively with the Property Owners, the “users”). Travalisting does not own or manage any Property listed on the Travalisting Platform, does not enter a lease(s) or other transactions with Property Owners and Travelers, is not a party to a rental agreement or other transaction between users, and provides no insurance relating to any transaction. Travalisting urges all users to be responsible about their use of the Travalisting Platform and any transaction entered because of either listing a property or renting a property.

5. Intellectual Property Rights:

The Travalisting Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Travalisting, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Travalisting Platform for your personal, non-commercial use only, or for legitimate business purposes relating to your role as a potential Property Owner or customer of Travalisting subject to any separate agreement with Travalisting. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Travalisting Platform, except as follows:

You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Travalisting Platform for your own personal, non-commercial use, or for legitimate business purposes relating to your role as a potential or current Property Owner, supplier, or customer of Travalisting, and not for further reproduction, publication, or distribution.
If Travalisting provides desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by Travalisting’s end user license or services agreement for such applications.

You must not:

Modify copies of any materials from the Travalisting Platform.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Travalisting Platform.

Except as otherwise agreed to between you and Travalisting, you must not reproduce, duplicate, copy, sell, trade, resell, exploit, create derivative works, access, or use for any commercial purposes any part of the Travalisting Platform or any services, materials, data, information, or other content, available through the Travalisting Platform.

If you wish to make any use of material on the Travalisting Platform other than that set out in this section, please address your request to: [email protected].

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Travalisting Platform, including any data, information, or other content available through the Travalisting Platform, in breach of the Terms of Use, your right to use the Travalisting Platform will cease immediately and you must, at Travalisting’s option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Travalisting Platform or any content on the Travalisting Platform is transferred to you, and all rights not expressly granted are reserved by Travalisting. Any use of the Travalisting Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. TRAVALISTING INTENDS TO FULLY PROSECUTE ALL VIOLATIONS OF APPLICABLE LAW AND THIS AGREEMENT AND PURSUE ALL AVAILABLE REMEDIES.

6. Trademarks:

The Travalisting logos, and all related names, logos, product and service names, designs and slogans are trademarks of Travalisting or its affiliates or licensors. You must not use such marks without the prior written permission of Travalisting. Without limitation, you may not use these names, logos, or trademarks for purposes of keyword advertising. All other names, logos, product and service names, designs and slogans on this Travalisting Platform are the trademarks of their respective owners.

7.Prohibited Uses:

You may use the Travalisting Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Travalisting Platform, including any information, data or other content obtained from or through the Travalisting Platform:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising, promotional material, or other solicitations, including solicitations or communications to Property Owners and Travelers, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate Travalisting, a Travalisting employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Travalisting Platform, or which, as determined by Travalisting, may harm Travalisting or users of the Travalisting Platform or expose them to liability.

Additionally, you agree not to:

Use the Travalisting Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Travalisting Platform, including their ability to engage in real time activities through the Travalisting Platform.
Use any robot, spider or other automatic device, process or means to access the Travalisting Platform for any purpose, including monitoring or copying any of the material or content on the Travalisting Platform..
Use any manual process to monitor or copy any of the material or content on the Travalisting Platform or for any other unauthorized purpose without Travalisting’s prior written consent.
Use any device, software or routine that interferes with the proper working of the Travalisting Platform.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Travalisting Platform, the server on which the Travalisting Platform is stored, or any server, computer or database connected to the Travalisting Platform.
Attack the Travalisting Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Travalisting Platform.

8. User Contributions:

The Travalisting Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blogs, community areas and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Travalisting Platform.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Travalisting Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Travalisting Platform, you grant Travalisting and its affiliates and service providers, and each of their and Travalisting’s respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Travalisting and Travalisting’s affiliates and service providers, and each of their and Travalisting’s respective licensees, successors, and assigns.
All of your User Contributions are truthful, accurate, appropriate and comply with applicable law.
All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Travalisting, has full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

Travalisting is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Travalisting Platform.

9. Monitoring and Enforcement; Termination

Travalisting has the right to:

Remove or refuse to post any User Contributions for any or no reason in its sole discretion. Travalisting may add, change, discontinue, remove, edit, or suspend such User Contributions at any time for any reason without notice to you, without your permission, and without liability.
Take any action with respect to any User Contribution that Travalisting deems necessary or appropriate in Travalisting’s sole discretion, including if Travalisting believes that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Travalisting Platform or the public or could create liability for Travalisting.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Travalisting Platform.
Terminate or suspend your access to all or part of the Travalisting Platform for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, Travalisting has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Travalisting to disclose the identity or other information of anyone posting any materials on or through the Travalisting Platform. YOU WAIVE AND HOLD HARMLESS TRAVALISTING AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIE

However, Travalisting cannot and does not undertake to review all material before it is posted on the Travalisting Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Travalisting assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Travalisting has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

10. Content Standards:

These content standards (the “Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws, and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and Travalisting’s Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by Travalisting or any other person or entity if this is not the case.

11. Copyright Infringement:

If you believe that any User Contributions violate your copyright, please see Travalisting’s Copyright Policy set forth below for instructions on sending Travalisting a notice of copyright infringement. It is the policy of Travalisting to terminate the user accounts of repeat infringers.

12. Reliance on Information Posted:

THE INFORMATION, DATA, AND CONTENT PRESENTED ON OR AVAILABLE THROUGH USE OF THE TRAVALISTING PLATFORM, INCLUDING ALL DATA, STATISTICS, AND INFORMATION, AVAILABLE THROUGH www.travalisting.com, IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. TRAVALISTING DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION. ANY USE OF SUCH INFORMATION, OR RELIANCE YOU PLACE ON SUCH INFORMATION, IS STRICTLY AT YOUR OWN RISK. TRAVALISTING DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION OR OTHER MATERIALS BY YOU OR ANY OTHER VISITOR TO THE TRAVALISTING PLATFORM, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

THE TRAVALISTING PLATFORM INCLUDES CONTENT PROVIDED BY THIRD PARTIES, INCLUDING MATERIALS PROVIDED BY OTHER USERS, BLOGGERS AND THIRD-PARTY LICENSORS, SYNDICATORS, AGGREGATORS AND/OR REPORTING SERVICES. ALL STATEMENTS AND/OR OPINIONS EXPRESSED IN THESE MATERIALS, AND ALL ARTICLES AND RESPONSES TO QUESTIONS AND OTHER CONTENT, OTHER THAN THE CONTENT PROVIDED BY TRAVALISTING, ARE SOLELY THE OPINIONS AND THE RESPONSIBILITY OF THE PERSON OR ENTITY PROVIDING THOSE MATERIALS. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINION OF TRAVALISTING. TRAVALISTING IS NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES.

13. Changes to the Travalisting Platform:

Travalisting may update the content on the Travalisting Platform from time to time, but its content is not necessarily complete or up to date. Any of the material on the Travalisting Platform may be out of date at any given time, and Travalisting is under no obligation to update such material.

14. Information About You and Your Visits to the Travalisting Platform:

All information Travalisting collects on this Travalisting Platform is subject to Travalisting’s Privacy Policy. By using the Travalisting Platform, you consent to all actions taken by Travalisting with respect to your information in compliance with the Privacy Policy.

15. Linking to the Travalisting Platform and Social Media Features:

You may link to the Travalisting Platform homepage, provided you do so in a way that is fair and legal and does not damage Travalisting’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Travalisting’s part without Travalisting’s express written consent.

The Travalisting Platform may provide certain social media features that enable you to:

Link from your own or certain third-party Travalisting Platforms to certain content on the Travalisting Platform.
Send e-mails or other communications with certain content, or links to certain content, on the Travalisting Platform.
Cause limited portions of content on the Travalisting Platform to be displayed or appear to be displayed on your own or certain third-party Travalisting Platforms.

The Travalisting Platform may provide certain social media features that enable you to:

Establish a link from any Travalisting Platform that is not owned by you.
Cause the Travalisting Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Travalisting Platform other than the homepage.
Otherwise take any action with respect to the materials on the Travalisting Platform that is inconsistent with any other provision of these Terms of Use.

The Travalisting Platform from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with Travalisting in causing any unauthorized framing or linking immediately to cease. Travalisting reserves the right to withdraw linking permission without notice.

Travalisting may disable all or any social media features and any links at any time without notice in Travalisting’s discretion.

16. Links from the Travalisting Platform:

If the Travalisting Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Travalisting has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Travalisting Platforms linked to this Travalisting Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such Travalisting Platforms.

17. Geographic Restrictions:

The owner of the Travalisting Platform, Travalisting, is based in the United States. Travalisting provides this Travalisting Platform for use only by persons located in the United States. Travalisting makes no claims that the Travalisting Platform or any of its content is accessible or appropriate outside of the United States. Access to the Travalisting Platform may not be legal by certain persons or in certain countries. If you are visiting the Travalisting Platform or using the services from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your registration or personal information) across international boundaries. By visiting this Travalisting Platform, using the services, and/or communicating electronically with us, you consent to such transfers. If you access the Travalisting Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

18. Disclaimer of Warranties and Other Disclaimers:

You understand that Travalisting cannot and does not guarantee or warrant that files available for downloading from the Internet or the Travalisting Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Travalisting’s site for any reconstruction of any lost data.

TRAVALISTING WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE TRAVALISTING PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE TRAVALISTING PLATFORM OR FROM TRAVALISTING, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY TRAVALISTING PLATFORM LINKED TO IT.

YOUR USE OF THE TRAVALISTING PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS AVAILABLE FROM OR OBTAINED THROUGH THE USE OF THE TRAVALISTING PLATFORM OR FROM TRAVALISTING, IS AT YOUR OWN RISK. THE TRAVALISTING PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED FROM OR THROUGH THE TRAVALISTING PLATFORM OR FROM TRAVALISTING, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TRAVALISTING NOR ANY PERSON ASSOCIATED WITH TRAVALISTING MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE TRAVALISTING PLATFORM OR ANY DATA, INFORMATION, OR OTHER CONTENT AVAILABLE FROM OR OBTAINED THROUGH USE OF THE TRAVALISTING PLATFORM OR FROM TRAVALISTING. WITHOUT LIMITING THE FOREGOING, NEITHER TRAVALISTING NOR ANYONE ASSOCIATED WITH TRAVALISTING REPRESENTS OR WARRANTS THAT THE TRAVALISTING PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED FROM OR THROUGH USE OF THE TRAVALISTING PLATFORM OR FROM TRAVALISTING WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE TRAVALISTING PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE OR ANY DATA, INFORMATION, OR OTHER CONTENT OBTAINED FROM OR THROUGH USE OF THE TRAVALISTING PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE TRAVALISTING PLATFORM OR ANY SERVICES, ITEMS OR CONTENT OBTAINED FROM OR THROUGH USE OF THE TRAVALISTING PLATFORM OR FROM TRAVALISTING WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THE TRAVALISTING PLATFORM IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTENT TO TRAVALISTING AND BY POSTING INFORMATION ON THE TRAVALISTING PLATFORM, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND TRAVALISTING OTHER THAN PURSUANT TO THESE TERMS OF USE.

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD TRAVALISTING OR ANY THIRD-PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT TRAVALISTING IS NOT A PARTY TO ANY RENTAL TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF THE TRAVALISTING PLATFORM. TRAVALISTING HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE TRAVALISTING PLATFORM. YOU SHOULD TAKE REASONABLE PRECAUTIONS WHEN ENTERING INTO ANY TRANSACTION.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Limitation on Liability:

IN NO EVENT WILL TRAVALISTING, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE TRAVALISTING PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OR AVAILABLE THROUGH THE TRAVALISTING PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE TRAVALISTING PLATFORM OR SUCH OTHER WEBSITES (INCLUDING ALL SERVICES PROVIDED BY TRAVALISTING), INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IF YOU ARE DISSATISFIED WITH THE TRAVALISTING PLATFORM, YOU DO NOT AGREE WITH ANY PART OF THE TERMS OF USE OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST TRAVALISTING, ANY THIRD-PARTY PROVIDER OR ANY USER OF THE TRAVALISTING PLATFORM, WITH RESPECT TO THESE TERMS OF USE, OR THE TRAVALISTING PLATFORM, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST TRAVALISTING IS TO DISCONTINUE USING THE TRAVALISTING PLATFORM. IN ALL EVENTS, TRAVALISTING’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE TRAVALISTING PLATFORM IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO TRAVALISTING IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Indemnification:

You agree to defend, indemnify and hold harmless Travalisting, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Travalisting Platform, including, but not limited to, your User Contributions, any use of the Travalisting Platform’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Travalisting Platform.

21. General Release:

BECAUSE TRAVALISTING IS NOT INVOLVED IN TRANSACTIONS BETWEEN PROPERTY OWNERS AND TRAVELERS OR OTHER USER DEALINGS, IF A DISPUTE ARISES BETWEEN ANY USERS, EACH PARTY RELEASES TRAVALISTING (AND ITS RESPECTIVE AGENTS, EMPLOYEES AND AFFILIATES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. EACH USER FURTHER RELEASES TRAVALISTING FOR AND FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, ARISING FROM, RELATED TO, OR IN CONNECTION WITH, (A) USE OF THE TRAVALISTING PLATFORM, (B) ACTIONS, INACTIONS, AND/OR OMISSIONS OF OTHER USERS, (D) THE PROMOTION OR ADVERTISING OF PROPERTY ON THE TRAVALISTING PLATFORM, AND (E) THE USE OF THE TRAVALISTING PLATFORM TO OFFER FOR RENT OR TO FACILITATE THE RENT OF PROPERTY.

22. Governing Law and Jurisdiction:

All matters relating to the Travalisting Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Travalisting Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the City and County of Travis, although Travalisting retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

23. Arbitration:

At Travalisting’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Travalisting Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.

24. Limitation on Time to File Claims:

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE PRIVACY POLICY, OR RELATED IN ANY WAY TO THE TRAVALISTING PLATFORM, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

25. Waiver and Severability:

No waiver by Travalisting of any term or condition set forth in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Travalisting to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

26. Property Owner Services:

All listings of property through the Travalisting Platform or other transactions for the sale of services or information formed through the Travalisting Platform or because of visits made by you are governed by Travalisting’s Property Listing Terms and Conditions, located at www.travalisting.com at which are hereby incorporated into these Terms of Use.

27. Entire Agreement:

The Terms of Use, Privacy Policy, and any other documents referenced in the Terms of Use, and any services agreement or license terms between the parties, including any Property Listing Terms and Conditions, constitute the sole and entire agreement between you and Travalisting with respect to the Travalisting Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Travalisting Platform.

28. Your Comments and Concerns:

This Travalisting Platform is operated by Unitat LLC.

All notices of copyright infringement claims should be sent to the copyright agent designated in Travalisting’s Copyright Policy as set forth below in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Travalisting Platform should be directed to: [email protected].

Copyright Policy

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

Travalisting takes claims of copyright infringement seriously. Travalisting will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Travalisting Platform”) infringe your copyright, you may request removal of those materials (or access to them) from the Travalisting Platform by submitting written notification to Travalisting’s copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Travalisting Platform, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow Travalisting to locate that material.
Adequate information by which Travalisting can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Travalisting’s designated copyright agent to receive DMCA Notices is:

Unitat LLC
ADDRESS: 401 LAVACA ST # 1214 AUSTIN, TX 78701-1634
EMAIL: [email protected]
PHONE: 737-318-8146

If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Travalisting Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

COUNTER-NOTIFICATION PROCEDURES

If you believe that material you posted on the Travalisting Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with Travalisting (a “Counter-Notice”) by submitting written notification to Travalisting’s copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which Travalisting can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled because of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Travalisting Platform may be found) and that you will accept service from the person (or an agent of that person) who provided the Travalisting Platform with the complaint at issue.

The DMCA allows Travalisting to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Travalisting Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

REPEAT INFRINGERS

It is Travalisting’s policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Review Policy

Reviews are an important part of our user experience as they serve as a self-regulated system of checks and balances and exist for the protection of both parties. What happens in a property after a traveler and property owner connect on our site and agree to enter a habitation/cohabitation arrangement, is not something we have any insight into, nor can we control. Travalisting is not a judge, nor will we serve as a mediator within a dispute between traveler and property owner because Travalisting is not party to the lease, nor the transaction.

We have a no tolerance policy for content manipulation, including self-posted reviews. Users caught posting false or inappropriate reviews risk losing their account without remediation or refund. Users may report reviews, by using the contact us feature, that violate these terms.

Regarding self-posted reviews, If the owner has reviews from recent stays (within 6 months), we will be happy to add those to your listing for you (even if they booked from another platform).

All submissions will be reviewed prior to posting publicly where we may approve or decline the entire review, or parts of the review. The only reason will remove a review is if it’s from an unauthorized reviewer (where the review was meant for another property/user or doesn’t otherwise apply to the party being reviewed).

To maintain a welcoming environment for all users, your participation in the community must always be respectful of others. In particular:

Review Guidelines

All reviews must be from verified tenants or travelers who exchanged money with the landlord.
All reviews must be helpful and cordial.
Don’t post content that is libelous, defamatory, harassing, threatening, or inflammatory. For example, don’t use obscenities or profanity, and don’t express hatred or intolerance for people based on race, ethnicity, nationality, gender or gender identity, religion, sexual orientation, age, or disability, including by promoting organizations with such views.
Don’t post content that is disrespectful, obscene, lewd, or that contains sexual or otherwise explicit content.
Don’t post content that invades others’ privacy. For example, don’t post other people’s full name, phone numbers, email addresses, mailing addresses, or other personal information, and don’t post links to phishing or other malware sites.
Don’t impersonate other people or organizations or pretend to be someone or something you’re not.
Don’t repeatedly send messages or requests to other people.
Don’t attempt to drown out other people’s opinions, including by posting from multiple accounts or coordinating with others.
Don’t engage in name-calling or attack people based on whether you agree with them.
You may question the beliefs and expertise of others if it is relevant and done in a respectful and non-threatening manner.
Content created solely for the purpose of advertising or other commercial content, including company logos, links, or company names is never allowed.
Spam, unwanted contact, or content that is shared repeatedly in a disruptive manner is also strictly prohibited.

The following guidelines apply to Listing Reviews in addition to the other guidelines given above:

If your review is removed or rejected because it does not comply with our guidelines concerning promotional content, you may resubmit 1 (one) additional time in effort to comply with our listing review guidelines.
We may restrict the ability to submit a review when we detect unusual reviewing behavior, or to maintain the best possible experience on our site.
If you are suspected of harassing or sharing false information about a user or traveler on purpose, you will be removed from the site without notice or refund.

Property Listing

Terms and Conditions

These Property Listing Terms and Conditions (the “Terms and Conditions”) set forth the terms and conditions governing the relationship between the Property Owner or landlord (“Property Owner”) identified in the applicable subscription, listing agreement, sales order or other services agreement referencing these Terms and Conditions (the “Listing Agreement”) and Unitat LLC, doing business as Travalisting (“Travalisting”) relating to Property Owner’s use of the www.travalisting.com, including any content, functionality and services offered on or available through www.travalisting.com, and any other website operated by Travalisting, whether as a guest or a registered user, and any Travalisting mobile or desktop apps (collectively the “Travalisting Platform”) and the listing of short term rental properties (“Properties”) on the Travalisting Platform by Property Owner. These Terms and conditions and the Listing Agreement shall collectively be referred to as the “Agreement”.

By using the Travalisting Platform, or by clicking to accept or agree to the Terms and Conditions when this option is made available, Property Owner accepts and agrees to be bound and abide by these Terms and Conditions, in addition to the Travalisting Platform Terms of Use and the Travalisting Privacy Policy, incorporated herein by reference. If Property Owner does not want to agree to these Terms and Conditions (including the Platform Terms of Use or the Privacy Policy), Property Owner must not access or use the Travalisting Platform.

To the extent the Platform Terms of Use or Privacy Policy are inconsistent with these Terms and Conditions, the Terms and Conditions shall control.

1. Services

1.1 Property Advertising Services. Subject to these Terms and Conditions, payment of all fees for the Travalisting services, and Property Owner passing all background checks, Travalisting agrees to provide Property Owner a limited, revocable, non-exclusive license to access the Travalisting Platform and the content and services provided on the Travalisting Platform solely for the purpose of advertising a short-term rental Property to individuals who are looking for short-term rentals (“Travelers”).

1.2. Property Owner Background Checks. Travalisting reserves the right at any time to perform background checks on Property Owners, and Property Owners may be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm Property Owners’ identity and location, financial status, etc. Property Owner authorizes Travalisting, directly or through third parties, to make any inquiries necessary to validate Property Owner’s identity and location, confirm Property Owner’s ownership of its email address or financial accounts, its rights regarding the property Owner intends to list on the Travalisting Platform, etc., subject to applicable law. When requested, Property Owner must timely provide Travalisting with all requested information to perform the background checks. Based on the results of the background checks or the verification process, Travalisting may, in its sole discretion, upon notice to Property Owner, determine not to provide services or discontinue the provision of existing services to Property Owners without refund of any pre-paid fees. Travalisting does not store or keep any social security numbers.

1.3. Travalisting Not a Party to Any Transaction. Travalisting does not enter into leases or other agreements with Property Owners and is not a party to any rental agreement or other transaction between Property Owners and Travelers. Travalisting does not book the Traveler’s stay, nor does it manage the rent. All fees, charges, and rents from the Travelers are managed by, and paid directly to, the Property Owner. Travalisting also does not get in the middle of disputes between Travelers and Property Owners.

1.4 Identity Verification/Background Checks. Traveler verification on the Internet is difficult and Travalisting cannot, and does not assume any responsibility for, the confirmation of each Traveler’s purported identity or background. Travalisting encourages Property Owners to communicate directly with a Traveler through the tools available on the Travalisting Platform, though even this does not assure Property Owner of the identity of the person with which Property Owner is communicating and perform whatever background checks Property Owner deems appropriate. Travalisting further encourages Property Owner to take other reasonable measures to assure itself of the other person’s identity and relevant details of Property Owner’s acceptance of a Traveler or proposed Traveler from the Travalisting Platform.

1.5 Property Owner Service/Traveler Ratings. Property Owner acknowledges that the Travalisting Platform is intended to refer Travelers only to those Property Owners who maintain the highest standards of professionalism and quality of service. Property Owner acknowledges that Travelers may rate and review a Property Owner at any time. Property Owner agrees to maintain high standards of professionalism, quality, and service at all times, including treating all Travelers with respect, not engaging in threatening behavior, and providing a safe Traveler environment. Property Owner further agrees to maintain a Traveler rating at or above the minimum rating established by Travalisting for access to the Travalisting Platform, as modified from time to time.

1.6 Distribution of Listings to Third Party Websites. To enable Property Owner to obtain broader distribution of its Properties, Travalisting may provide the listing information, or otherwise provide for the distribution of, the Property Owner listing on a third-party website. Additional terms and conditions may apply to such distributions, as Travalisting may notify Property Owner of via Property Owner’s online account or email.

1.7 Notifications. Property Owner agrees and understands that Travalisting may send text alerts or other messages to Property Owners about any new leads, messages or booking requests that they receive about their listing.

2.Property Owner Obligations and Responsibilities.

2.1 Compliance with Applicable Law. Property Owners are fully responsible for and agree to comply with all applicable laws, rules and regulations applicable to the listing of the Property and the conduct of their rental business, including but not limited to any and all laws, rules, regulations or other requirements relating to taxes, credit cards, data and privacy, taxes, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Property Owners further agree that they will always provide a safe environment for Travelers. Property Owners who accept credit card, banking or other payment information from Travelers agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.

2.2 Property Listings. All Property listings on the Travalisting Platform are the sole responsibility of the Property Owner, and Travalisting specifically disclaims all liability arising from the alleged accuracy of the listings, reviews, or any alleged breaches of contract on a Traveler’s part. Property Owners agree that the Property listings will at all times be accurate, and further agree that they are solely responsible for keeping, and shall at all times keep, their property information up to date on the Travalisting Platform, including, but not limited to any and all representations about any Property, its amenities, location, price, and its availability for a specific date or range of dates. Travalisting does not represent or warrant that any of the copy, content, property reviews, guest book entries, property location, suitability, pricing, or availability information published on the Travalisting Platform is accurate or up-to-date even in the case where prospective Travelers have searched for specific special offers, dates, or types of properties. Travalisting may from time to time provide or facilitate services to Property Owners to create or improve the quality of their property listings. Travalisting also may from time to time create new or otherwise change the location or geographic descriptions it uses to identify Properties in their listings and search results. Consequently, Travalisting may change the location or geographic description associated with any Property listing at any time without notice. However, Travalisting assumes no responsibility to verify Property listing content or the accuracy of the location. Property Owners are solely responsible for ensuring the accuracy of location, geographic and other content and location or geographic descriptions and agree to promptly correct (or contact Travalisting to correct) any inaccuracy. Travalisting may suspend and remove a Property listing on the Travalisting Platform if Property Owner fails to comply with the terms of this Section, including if Property Owner fails to set the availability of a Property on the Travalisting Platform for a period of 90 days.

2.3 License and Rights Granted to Travalisting.

(a) By submitting or authorizing Property Owner contributed User Contributions, Property Owner grants to Travalisting and its affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of Property Owner’s User Contributions, in connection with Travalisting’s business or the business of its affiliates. Notwithstanding the foregoing, following the termination or expiration of a property listing subscription or other services agreement, Travalisting will not continue to display the User Contributions that were displayed in such listing.

(b) Property Owner further grants Travalisting and its affiliates the ability to copyright and protect the User Contributions, including the images, copy, and content available via any Property Owner’s listing, from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. Property Owner further agrees to assist Travalisting, at Travalisting’s expense and control, to protect such copyrighted material from unauthorized redistribution.

(c) Property Owner agrees that Travalisting may sublicense all the rights granted to it under these Terms and Conditions to one or more third parties Travalisting may contract with to display all, or part of the Property Owner’s Property listing or otherwise provide promotional or other services related to Travalisting’s business. Further, Property Owner agrees that Travalisting may reproduce in whole or in part any photographic material supplied by Property Owner in the promotion of the Property or the promotion of the Travalisting Platform. In the event that it is determined that Property Owner retains any rights of attribution, integrity or any other moral rights in any User Contributions, Property Owner hereby declares that it does not require that any personally identifying information be used in connection with the User Contributions or any derivative works thereof and that Property Owner has no objection to the publication, use, modification, deletion or exploitation of the User Contributions by Travalisting or its affiliates.

2.4 Limitations on Communications and Use of Travelers’ Information

(a) Property Owner agrees that, with respect to Traveler’s personal information that Property Owner obtains directly or indirectly from or through the Travalisting Platform or through any Travalisting Platform-related communication or transaction, Travalisting grants to Property Owner a license to use such information only for: (a) Travalisting Platform related communications that are not unsolicited commercial messages, (b) using services offered through the Travalisting Platform, and (c) inquiring about or otherwise facilitating a financial transaction between Property Owner and the Traveler related to the purpose of the Travalisting Platform. Any other purpose will require express permission from the Traveler. Property Owner may not use any such information for any unlawful purpose or with any unlawful intent.

(b) In all cases, Property Owners must give Travelers an opportunity to remove their information from the Property Owner address book or database or other records and a chance to review what information Property Owner has collected about them. In addition, under no circumstances, except as defined in this section, may Property Owner disclose personal information about a Traveler to any third party without both Travalisting’s consent and the consent of the Traveler. Further, Property Owner agrees that it will protect Traveler’s personal information with the same degree of care that it protects its own confidential information (using at minimum a reasonable standard of care), and Property Owner assumes all liability for the misuse, loss, or unauthorized transfer of such information.

(c) Travalisting does not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, Property Owner is not licensed to add a Traveler, even a Traveler who has rented from Property Owner to its mailing list (email or physical mail) without the Traveler’s express consent. Property Owner may not use any tool or service on the Travalisting Platform, or any other data, information or other materials obtained on or available from or through the Travalisting Platform, to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms and Conditions, including solicitations of other Property Owners or any Travelers. Property Owner is responsible for all content it provides to the Travalisting Platform or through any tool or service provided on the Travalisting Platform.

2.5 Translations and Maps. If any Property Owner content is translated for display on the Travalisting Platform or any site of any affiliate of Travalisting, Travalisting cannot guarantee the accuracy or quality of such translation and the Property Owner is solely responsible for the review, verification, and accuracy of such translation. Maps provided on the Travalisting Platform that are provided by Google are subject to the Google Maps terms and conditions located at: http://www.google.com/intl/en_us/help/terms_maps.html

2.6 Insurance. Travalisting does not provide liability, property or other insurance protection for Property Owners, and Property Owners are solely responsible for obtaining insurance coverage sufficient to protect the Properties and the Travelers. Property Owner agrees that it has or will obtain the appropriate insurance coverage sufficient to cover the rental of the Properties prior to the arrival of their first Traveler and will maintain adequate insurance coverage through the departure date of any Traveler they have obtained via the Travalisting Platform. Further, Property Owners agree to provide Travalisting with copies of relevant proof of coverage upon request.

3. Fees, Payment Terms.

3.1 Fees. Property Owner shall pay Travalisting the fees and expenses set forth in the applicable order between Property Owner and Travalisting. Unless otherwise agreed to, a 12-month subscription is $99, which auto renews at the end of the subscription term. Property Owners frequently have multiple spaces to rent at one Property. Property Owners may purchase extra units (which provide unique calendars, descriptions, unit name, and images) for $79 for a 12-month term. Mid-term purchases are prorated accordingly. Property Owners of Hotels and apartment complexes can purchase listings for $250 for a 12-month term, or $150 for a 6-month trial. All extra units, as described above, for hotels and apartment complexes are included. All fees are non-refundable.

3.2 Automatic Renewal of Subscriptions. For any subscription paid for by credit card, such subscription shall automatically renew at the expiration of the then-current term for an additional term of the same duration (as the previous term) and at the then-current non-promotional subscription rate. Automatic renewal applies to all subscriptions purchased by credit card or e-check. The automatic renewal feature allows the service to remain uninterrupted at the expiration of the then-current term. If Property Owner wishes to turn off auto-renewal, Property Owner must log on to its account and manually turn off auto-renewal, prior to expiration of the then-current term. Requests received via email, voicemail, or other correspondence do not constitute a valid opt-out. Upon any such turning off auto-renewal, the subscription will remain active through the expiration of the then-current subscription term, however the subscription will not be automatically renewed upon the expiration of the then current term. If the subscription does not auto-renew or expires at the end of the then current subscription term and Property Owner desires to renew the subscription, Property Owner will be required to pay the then-current non-promotional subscription rate to renew the subscription or to activate a new subscription. If Property Owner does not turn off auto-renewal, Property Owner re-affirms and authorizes Travalisting to charge the credit card at the end of each subscription term for an additional term of the same duration as the initial term and at the then-current non-promotional subscription rate for the same product or service. Travalisting intends to send reminder emails, prior to the expiration of the term, regarding the subscription end date and automatic renewal.

3.3 Subscription Terms.All subscription listings are sold to run the full term that is chosen by the Property Owner. Unless otherwise agreed to, listings are for a minimum of 12 months, and can be up to 24 months. The term starts on the date that the Property Owner submits the full or initial (as applicable) payment and expires on the last date of the term chosen by the Property Owner. For example, for an annual subscription term, if the Property Owner submits payment for the subscription on July 1st, the subscription would expire on June 30 of the following year. No trial subscriptions are offered.

3.4 Non-Subscription Listings. If Travalisting enables Property Owner to list Property on a basis other than by subscription, Property Owner agrees to pay the fees as described in the sign-up process for each rental of the Property displayed in such listing, which terms may be updated by Travalisting from time to time without notice by displaying the terms on the Travalisting Platform. The sign-up process and additional notices Property Owner may receive from Travalisting may also provide additional terms and conditions for such listings.

3.5 Refunds. All fees paid are non-refundable, including in the circumstance where a Property Owner background check comes back negative, or a verification cannot be completed. If Property Owner sells the Property and no longer wishes for the listing to remain online, Travalisting should be contacted so the listing can be removed; however, no refund will be owed or provided.

3.6 Taxes. All Fees and other amounts payable by Property Owner under the Agreement are exclusive of taxes and similar assessments. Property Owner is responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by Property Owner hereunder, other than any taxes imposed on Travalisting’s income.

3.7 Payment. Payment will be as set forth in the applicable order form, generally by major credit card or debit card, PayPal, e-check or similar, on an annual automatic and recurring basis. A valid credit card must always remain on file. Late payments shall be subject to a charge of 18% per annum on the due amount from due date until payment has been received by Travalisting. Client shall also reimburse Travalisting any bank charges, penalties or other amounts for insufficient funds or other payment rejection. Credit card payments will show up as transactions with Unitat LLC.

4. Additional Terms and Conditions.

4.1 Appearance in Search Results. Travalisting cannot guarantee that Property Owner’s listing will appear in any specific order in search results on the Travalisting Platform. Search order will fluctuate based on a variety of factors such as search parameters, subscription level purchased, listing quality, how frequently a calendar is updated, and other factors that Travalisting may deem important to the user experience from time to time. Listing appearance or order in any search result may also vary depending on the search criteria used by the particular Traveler. Travalisting reserves the right to apply various search algorithms or to use methods to optimize results for Travelers’ experiences and the overall marketplace. Listings placed on a non-subscription basis, such as those that may be grandfathered in by a previous model, may not always appear in search results in any subscription level or at all. Listings distributed on third party sites are not guaranteed to display on such third-party site in any order or at all. Search results and sort order may appear different on current or future Travalisting mobile applications than they appear on the Travalisting Platform. To optimize the search experience for both Property Owners and Travelers, Travalisting retains the right to run occasional tests that will be limited in duration but may alter how we display search results and subscription levels.

4.2 Content, Layout and Copy. All content and copy edits submitted by Property Owners are subject to review and approval by Travalisting in its sole discretion. Travalisting reserves the right to refuse to publish any content that it determines in its sole discretion does not meet these Terms and Conditions or is otherwise unacceptable. However, Travalisting assumes no duty to review content and shall not have any liability for any loss or damage resulting from the design or positioning of the copy, Properties, content and/or photographs or any change made to any content, photograph or copy submitted by any Property Owner. All content must meet these Terms and Conditions including the Content Standards of Travalisting Platform Terms of Use. Travalisting reserves the right to edit content submitted to the Travalisting Platform in a non-substantive manner solely to cause the content to comply with the Content Standards or formatting requirements. Property Owners are responsible for reviewing and ensuring that any content displayed on the Travalisting Platform appears as the Property Owner intended.

4.3 Photographs.

(a)Photographs submitted by Property Owner should depict the furnished Property as the main subject of the photograph and may not include children or adults if Property Owner does not have their legal consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party. Photographs must meet Travalisting’s Content Standards. Travalisting reserves the right not to display or to remove any photographs that it determines, in its sole discretion, do not meet these Terms and Conditions or are otherwise unacceptable to Travalisting.

(b) By submitting a photograph to Travalisting, Property Owner represents and warrants that (I) (A) it holds all intellectual property rights with respect to each submitted photograph, or (B) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement: (ii) that any people in the photograph valid permission in compliance with applicable law for their likeness to be displayed in an online advertisement on the Travalisting Platform: (iii) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph; and (iv) that it will indemnify and hold harmless Travalisting from any cause of action arising from any misrepresentation or otherwise with respect to any and all photographs so submitted.

(c) It is Property Owner’s responsibility to obtain reproduction permission for all photographic and other material used in its listings. Property Owner warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to Travalisting the rights therein contained and agrees to provide any proof of such rights to us that Travalisting may request. Further, Property Owner agrees that Travalisting may reproduce in whole or in part any photographic material supplied by Property Owner in the promotion of either the Property or the promotion of the Travalisting Platform.

4.4 Uses of Trademarks, Names or Logos.

(a)There are limited ways in which Property Owners may use Travalisting’s trademarks, names, or logos (including, without limitation, Travalisting, travalisting.com) without specific prior written authorization. The following are general guidelines. It is usually permissible for Property Owner, during the term of any subscription or listing agreement, to refer to Travalisting in a descriptive manner in its listing on the Travalisting Platform or in other permissible communications. For example, Property Owner might say “Check out my listing on Travalisting” or “I list properties on Travalisting.” Posting of the URL on any social platform is encouraged. However, Property Owner may not refer to Travalisting or any of its affiliates in any way that might lead someone to believe that Property Owner or its business or Property, is sponsored by, affiliated with, or endorsed by Travalisting or one of its affiliates. For example, Property Owner may not say “Travalisting sponsors my furnished rental,” or describe the Property as “Travalisting’s best furnished rental.” Property Owner may not use the Travalisting name or one of its affiliates’ names on any other website that lists furnished rentals without Travalisting’s prior written authorization.

(b) Property Owner may also not use, directly or indirectly, any Travalisting trademarks, names or logos, and all related names, logos, product and service names, designs, and slogans (e.g., Travalisting, travalisting.com), or any similar words or names (for example, without limitation, Property Owner may not use “Travalistings,” during the term of the Agreement and thereafter in any advertising, including keyword advertising, or social media.

4.5 Hypertext Links. Travalisting reserves the right to refuse hypertext links to, or addresses of, other web sites from Property Owner’s pages, and to remove links or web addresses without notice in its sole discretion. Further, Travalisting reserves the right to charge for hypertext links at any time.

4.6. Substitution of Properties; Advertising More Than One Property; Property Managers. Each Property Owner listing must relate to an individual and uniquely identified Property, unless (I) Property Owner is a property manager who has signed up for one of Travalisting’s packages for Property Owners who are property managers, or (ii) Property Owner otherwise has purchased a listing package that expressly allows for substitution of properties. This means that:

(a) The Property in a listing may not be substituted for another Property without Travalisting’s written consent. Travalisting may approve a request in its discretion if the property manager’s contract for the Property was terminated and the Property Owner provides sufficient proof, as requested by Travalisting, and completes any additional request forms Travalisting may request. The term of the subscription for any substituted Property shall be the same as the term of the originally listed Property (i.e., the term will not be extended past the original term). If a Property Owner submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another Property, then Travalisting has the right to terminate the listing and may choose, in its sole discretion, to retain any fees associated with the term of the previously existing listing as compensation for the violation of this condition.

(b) The listing specifically cannot be a mere example of properties in each area. Only one Property can appear on each listing unless it is a property with multiple rental units on the same site and additional advertising units are purchased. Travalisting reserves the right to amend the copy or remove any listing when more than one Property is described in such listing, and may choose, in its sole discretion to retain any fees associated with the initial term of such non-conforming listing as compensation for the violation of this condition.

4.7 Payments Between Property Owners and Travelers. Travalisting is not a party to any payment transaction between Property Owners and Travelers, even if it receives a commission in connection with any payment transaction. No Property Owner may request any Traveler to mail cash or utilize any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a property rental transaction. Any violation of this term or any other unacceptable payment methods that may be posted on the Travalisting Platform may result in the immediate removal of the non-conforming listing from the Travalisting Platform without notice to the Property Owner and without refund.

4.8 Feedback. If Property Owner transmits or provided any communications or materials to Travalisting by mail, email, telephone, or otherwise, suggesting or recommending changes to the Travalisting Services (“Feedback”), Travalisting is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. Property Owner hereby assigns to Travalisting on Property Owner’s behalf, and on behalf of its employees, contractors and/or agents, all right, title, and interest in, and Travalisting is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Travalisting is not required to use any Feedback.

5. Relationship of the Parties.

The relationship between the parties is that of independent contractors. Nothing contained in the Terms and Conditions shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

6. Representations, Warranties and Disclaimers.

6.1 Property Owner Representations and Warranties. In addition to any other representations and warranties set forth in this Agreement, Property Owner represents and warrants to Travalisting that: (a) Property Owner has the full right, power and authority to enter into and perform its obligations and grant the rights, licenses, consents and authorizations it grants or is required to grant under the Agreement; (b) the Agreement will constitute the legal, valid and binding obligation of Property Owner, enforceable against Property Owner in accordance with its terms; (c) Property Owner has the necessary rights and consents in and relating to the User Contributions so that, as received by Travalisting and processed in accordance with the Agreement, they do not and will not infringe, misappropriate or otherwise violate any Intellectual Property Rights, or any privacy or other rights of any third party or violate any applicable law; and (d) Property Owner will at all times comply with all applicable laws and the terms of the Agreement.

6.2 Travalisting Disclaimers

THE TRAVALISTING PLATFORM, ITS DATA, INFORMATION, CONTENT, SERVICES, OR OTHER ITEMS OBTAINED FROM OR THROUGH USE OF THE TRAVALISTING PLATFORM OR FROM TRAVALISTING, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TRAVALISTING NOR ANY PERSON ASSOCIATED WITH TRAVALISTING MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE TRAVALISTING PLATFORM, OR ANY DATA, INFORMATION, CONTENT OR OTHER ITEMS AVAILABLE FROM OR OBTAINED THROUGH USE OF THE TRAVALISTING PLATFORM OR FROM TRAVALISTING. WITHOUT LIMITING THE FOREGOING, NEITHER TRAVALISTING NOR ANYONE ASSOCIATED WITH TRAVALISTING REPRESENTS OR WARRANTS THAT THE TRAVALISTING PLATFORM, ITS DATA, INFORMATION, CONTENT, OR ANY SERVICES OR ITEMS OBTAINED FROM THROUGH USE OF THE TRAVALISTING PLATFORM OR FROM TRAVALISTING WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE TRAVALISTING PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE OR ANY DATA, INFORMATION, OR OTHER CONTENT OBTAINED FROM OR THROUGH USE OF THE TRAVALISTING PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE TRAVALISTING PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE TRAVALISTING PLATFORM OR FROM TRAVALISTING WILL OTHERWISE MEET PROPERTY OWNER’S NEEDS OR EXPECTATIONS.

TRAVALISTING HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. RENTERS ACKNOWLEDGE THAT TRAVALISTING DOES NOT WARRANT THE ACCURACY OF ANY BACKGROUND CHECKS CONDUCTED ON PROPERTY OWNERS LISTED ON OUR WEBSITE. RENTERS AGREE TO CONDUCT THEIR OWN INDEPENDENT RESEARCH TO ASCERTAIN THEIR SAFETY BEFORE ENTERING INTO A LEASE AGREEMENT WITH A PROPERTY OWNER.

PROPERTY OWNER ACKNOWLEDGES AND AGREES THAT ANY TRANSMISSION TO AND FROM THE TRAVALISTING PLATFORM IS NOT CONFIDENTIAL AND COMMUNICATIONS OR USER CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. PROPERTY OWNER FURTHER ACKNOWLEDGES AND AGREES THAT BY SUBMITTING COMMUNICATIONS OR USER CONTENT TO TRAVALISTING AND BY POSTING INFORMATION ON THE TRAVALISTING PLATFORM, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN PROPERTY OWNER AND TRAVALISTING OTHER THAN PURSUANT TO THESE TERMS OF USE.

PROPERTY OWNER ACKNOWLEDGES AND AGREES THAT IT WILL NOT HOLD OR SEEK TO HOLD TRAVALISTING OR ANY THIRD-PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND PROPERTY OWNER FURTHER ACKNOWLEDGE SAND AGREES THAT TRAVALISTING IS NOT A PARTY TO ANY RENTAL TRANSACTION OR OTHER TRANSACTION BETWEEN TRAVELERS AND OTHER USERS OF THE TRAVALISTING PLATFORM. TRAVALISTING HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE TRAVALISTING PLATFORM. PROPERTY OWNER SHOULD TAKE REASONABLE PRECAUTIONS WHEN ENTERING INTO ANY TRANSACTION.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

6.3 Additional Disclaimers. Property Owner understands, acknowledges, and agrees that the Property rental services provided by Property Owner are fully and entirely Property Owner’s responsibility. Travalisting is not responsible or liable for the actions or inactions of a Traveler or other third party in relation to the services provided by Property Owner. Property Owner understands, therefore, that by using the Travalisting Platform, Property Owner will be introduced to third parties in relation to whom Travalisting has not conducted any background or reference checking, that may be potentially dangerous, and that Property Owner uses the Travalisting Platform at Property Owner’s own risk.

7. Indemnification.

Property Owner shall defend, indemnify and hold harmless Travalisting and its affiliates and their officers, directors, employees, agents, successors, and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable legal fees) arising out of, resulting from or relating to: (a) bodily injury, death of any person, theft or damage to real or tangible, personal property resulting from Property Owner’s acts or omissions; (b) any claims by any Traveler or Travalisting Platform user related to the Property Owner or the Property; (c) Property Owner’s breach of any representation, warranty, or obligation under this Agreement; (d) Property Owner’s negligence, willful misconduct or violation of applicable law; (e) any other matters arising out of or related to Property Owner’s use of the Travalisting Platform.

8. Limitation of Liability.

8.1 EXCLUSION OF DAMAGES.IN NO EVENT WILL TRAVALISTING OR ANY OF ITS LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, AND ANY SUBSCRIPTION, LISTING AGREEMENT OR OTHER SERVICES AGREEMENT GOVERNED BY OR SUBJECT TO THESE TERMS AND CONDITIONS, OR THEIR SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (a) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE TRAVALISTING PLATFORM OR PROPERTY LISTING SERVICES; (b) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (c) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

8.2 CAP ON MONETARY LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF TRAVALISTING UNDER OR IN CONNECTION WITH THE AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY PROPERTY OWNER IN THE 12 MONTHS IMMEDIATELY PRIOR TO THE ACTION OR CLAIM. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

9. Term and Termination.

9.1 Term. Unless earlier terminated in accordance with these Terms and Conditions, the Agreement will continue in effect for the period set forth in the applicable Listing Agreement. Unless written notice of termination is provided at least thirty days prior to the end of the then current term, the Agreement will automatically renew for additional 30-day periods (or such other period as agreed to by the parties).

9.2 Termination/Suspension. In addition to any other express termination or suspension right set forth elsewhere in these Terms and Conditions, Travalisting may suspend or terminate Property Owner’s access or use of the Travalisting Platform, and the Agreement, at any time if there is any breach of any provision of the Agreement, including any unauthorized use of the Travalisting Platform. No refunds will be provided in the event of such a termination.

9.3 Surviving Terms. The provisions set forth in the following sections, and any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of the Agreement, will survive any expiration or termination of the Agreement.

10. Force Majeure.

Travalisting shall not be liable for any default or delay in the performance of any of its obligations under the Agreement if and to the extent such default or delay is caused, directly or indirectly, by (a) fire, flood, earthquake, elements of nature or acts of God; (b) wars (declared and undeclared), acts of terrorism, sabotage, riots, civil disorders, rebellions or revolutions; (c) extraordinary malfunction of third-party Internet infrastructure, data centers or related systems or (d) acts of any governmental authority with respect to any of the foregoing, and provided that such default or delay cannot reasonably be circumvented by the non-performing party through the use of commercially reasonable alternate sources, workaround plans or other commercially reasonable means.

11. Assignment.

Property Owner may not assign the Agreement. Travalisting may freely assign its rights and obligations under the Agreement at any time. The Agreement will inure to the benefit of, be binding on, and be enforceable against, each of the parties hereto and their respective successors and assigns.

12. Dispute Resolution/Governing Law.

12.1 Governing Law. The Agreement will be governed in all respects by the laws of the State of Texas (without regard to conflicts of law provisions), as such laws are applied to agreements entered and to be performed entirely within the State of Texas.

12.2 Dispute Resolution

(a) Both parties must use their best efforts to resolve any dispute that may arise under, or in connection with, the Agreement through good faith negotiations for at least 90 days.

(b) If a dispute arises under, or in connection with, the Agreement which cannot be resolved by the parties through negotiation within 90 days, the parties agree to engage in mediation in Austin, Texas before a mutually agreed upon mediator. If the parties cannot agree upon a mediator within 14 days, the parties agree to request appointment of a mediator by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration or some other dispute resolution procedure.

(c) If mediation fails, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its then applicable Commercial Arbitration Rules, and judgment on the award rendered by a single arbitrator may be entered in any court having jurisdiction thereof. The arbitrator has no authority to award punitive damages. The award shall be made within nine months of the filing of the notice of intention to arbitrate (demand), and the arbitrator shall agree to comply with this schedule before accepting appointment. However, the time limit may be extended by agreement of the parties or the arbitrator if necessary. The award of arbitration shall be accompanied by a reasoned opinion. Any arbitration will occur in Austin, Texas.

Nothing in this section shall prevent a party from seeking urgent interlocutory relief from a court of competent jurisdiction. The costs of any mediation and/or arbitration shall be borne equally by the parties.

13. Changes to the Terms and Condition

Travalisting may revise and update these Terms and Conditions from time to time in its sole discretion. All changes are effective immediately when Travalisting posts them and apply to all access to and use of the Travalisting Platform thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Travalisting Platform.

Property Owner’s continued use of the Travalisting Platform following the posting of revised Terms and Conditions means that Property Owner accepts and agrees to the changes. Property Owner is expected to check this page frequently, so it is aware of any changes, as they are binding on Property Owner.

14. Miscellaneous

14.1 Notices. Any notice required or permitted by the Agreement will be in writing and will be delivered as follows with notice deemed given as indicated: (I) by person delivery when delivered personally; (ii) by overnight courier upon written verification of receipt; or (iii) by certified or registered mail, return receipt requested, upon verification of receipt. Notice will be sent to the addresses provided by the parties.

14.2 Severability. Should any provision of the Terms and Conditions be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity and enforceability of the remaining provisions will not be affected or impaired thereby.

14.3 Waiver. The waiver by either party of a breach of any provision of the Terms and Conditions of the other party will not operate or be construed as a waiver of any other or subsequent breach by such other party.

14.4 No Third-Party Beneficiaries. The Agreement is for the sole benefit of the parties hereto and their respective permitted successors and permitted assigns and nothing herein, express, or implied, is intended to or shall confer upon any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of the Agreement.

14.5 Severability. If any provision of the Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of the Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify the Agreement to affect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

14.6 Waiver of Jury Trial. Each party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to the Agreement or the transactions contemplated hereby.

14.7 Attorneys’ Fees. If any action, suit, or other legal or administrative proceeding is instituted or commenced by either party hereto against the other party arising out of the Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and court costs from the non-prevailing party.

14.8 Headings. The headings in these Terms and Conditions are for reference only and do not affect the interpretation of the Agreement.

14.9 Entire Agreement. These Terms and Conditions, including the Platform Terms of Use and Privacy Policy, and all terms and other documents referenced in those agreements, constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter.