Last Revised: June 07, 2024

This Property Listing Terms and Conditions (the “Terms and Conditions”) sets 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 Furnished Finder, LLC. doing business as Furnished Finder (“Furnished Finder”) relating to Property Owner’s use of the Furnished Finder Platform for the purpose of listing of short term rental properties (“Property(ies)”) on the Furnished Finder Platform and carrying out activities related to the listing and rental of such Properties. These Terms and Conditions and the Listing Agreement shall collectively be referred to as the “Agreement.” Any term not defined herein shall have the meaning set forth in the Furnished Finder Platform Terms of Use.

THESE TERMS AND CONDITIONS CONSTITUTE A BINDING AGREEMENT BETWEEN FURNISHED FINDER AND PROPERTY OWNER. PROPERTY OWNER’S ACCESS TO AND USE OF THE FURNISHED FINDER PLATFORM IS SUBJECT TO THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND FURNISHED FINDER RESERVES THE RIGHT TO TERMINATE PROPERTY OWNER’S ACCESS TO THE FURNISHED FINDER PLATFORM IF PROPERTY OWNER VIOLATES THESE TERMS AND CONDITIONS. BY CLICKING ON LINKS WITHIN THE FURNISHED FINDER PLATFORM OR WEBPAGES BEYOND THE FURNISHED FINDER PLATFORM’S HOMEPAGE, BY CLICKING ON A BOX OR ICON, OR BY DOWNLOADING A MOBILE APPLICATION, PROPERTY OWNER AGREES TO THESE TERMS AND CONDITIONS. IF PROPERTY OWNER DOES NOT AGREE WITH THESE TERMS AND CONDITIONS, PROPERTY OWNER MUST NOT ACCESS OR OTHERWISE USE THE FURNISHED FINDER PLATFORM, ANY SERVICES AVAILABLE THROUGH THIS FURNISHED FINDER PLATFORM, OR ANY INFORMATION CONTAINED ON THIS FURNISHED FINDER PLATFORM.

By agreeing to these Terms and Conditions, Property Owner accepts and agrees to the Furnished Finder Platform Terms of Use, which are incorporated herein by reference. If Property Owner does not agree to the Furnished Finder Platform Terms of Use, then Property Owner must not access or use the Furnished Finder Platform.

Furnished Finder can change, update, add, or remove provisions of these Terms and Conditions at any time by posting the updated Terms and Conditions on the Furnished Finder Platform. Furnished Finder will use commercially reasonable efforts, but Furnished Finder is not obligated, to notify Property Owner of any material changes to these Terms and Conditions. Property Owner waives any right Property Owner may have to receive specific notice of such changes to these Terms and Conditions. By using the Furnished Finder Platform to list Properties after Furnished Finder has updated the Terms and Conditions, Property Owner is agreeing to the then-current Terms and Conditions. Property Owner is responsible for regularly reviewing these Terms and Conditions.

1. SERVICES

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

1.2 Property Owner Background Checks. Furnished Finder reserves the right at any time to perform a background check on Property Owner. Property Owner 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 Owner’s identity, location, and financial status. Property Owner authorizes Furnished Finder, 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, and its rights with regards to the Property. Property Owner must timely provide Furnished Finder with all requested information to perform any background checks. Based on the results of the background checks or the verification process, Furnished Finder may, in its sole discretion, upon notice to Property Owner, determine not to provide services or discontinue the provision of existing services to Property Owner without a refund of any pre-paid fees.

1.3 Furnished Finder Not a Party to Any Transaction. Furnished Finder is not a party to any rental agreement or other transaction between Property Owner and any Traveler. Furnished Finder does not book any Traveler’s stay and does not manage any rent. All fees, charges, and rents from any Travelers are managed by, and paid directly to Property Owner.

1.4 Identity Verification/Background Checks. Property Owner acknowledges and agrees that they are responsible for communicating with any Traveler and performing any type of background check on a Traveler in its sole discretion. Furnished Finder does not have any responsibility or liability for the confirmation of any Traveler’s identity or background.

1.5 Property Owner Service/Traveler Ratings. Property Owner acknowledges that the Furnished Finder 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 Furnished Finder for access to the Furnished Finder Platform, as may be 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, Furnished Finder 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 Furnished Finder may notify Property Owner of via Property Owner’s online account or email.

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

Furnished Finder SMS Notifications: By opting in, you will receive account and reminder notifications at the number provided. When replying STOP, we will send a final SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. You can reply HELP for additional information, or you can reach help directly at customerservice@furnishedfinder.com or 1-661-489-5907. Message frequency may vary. Message and data rates may apply for any messages sent or received. Privacy Policy.

2. PROPERTY OWNER OBLIGATIONS AND RESPONSIBILITIES

2.1 Compliance with Applicable Law. Property Owner is fully responsible for and agrees 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 privacy and security, taxes, permits or license requirements, zoning ordinances, safety compliance, and compliance with all anti-discrimination and fair housing laws. Property Owner further agrees that they will at all times provide a safe environment for Travelers. If

Property Owner accepts credit card, banking, or other payment information from Travelers, then Property Owner agrees to properly handle and safeguard all such payment information in accordance with applicable legal and regulatory requirements and best practices.

2.2 Property Listings. All Property listings on the Furnished Finder Platform are the sole responsibility of Property Owner. Furnished Finder specifically disclaims any and all liability arising from the alleged accuracy of the listings, reviews, or any alleged breaches of contract on a Traveler’s part. Property Owner acknowledges and agrees that Property listings will at all times be accurate, and that Property Owner is solely responsible for maintaining up-to-date Property information on the Furnished Finder Platform. Such information includes, but is 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. Furnished Finder may from time to time provide or facilitate services to Property Owner to create or improve the quality of their Property listings. Furnished Finder 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, Furnished Finder may change the location or geographic description associated with any Property listing at any time without notice. Furnished Finder assumes no responsibility to verify Property listing content or the accuracy of the location. Property Owner agrees to promptly correct or contact Furnished Finder to correct any inaccuracy. Furnished Finder may suspend and remove a Property listing on the Furnished Finder 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 Furnished Finder Platform for a period of ninety (90) days.

2.3 License and Rights Granted to Furnished Finder.

(a) Property Owner hereby grants to Furnished Finder 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, which includes all Property listings, in connection with Furnished Finder’s business or the business of its affiliates. Notwithstanding the foregoing, following the termination or expiration of a Property listing subscription or applicable Listing Agreement, Furnished Finder will not continue to display the User Contributions that were displayed in such Property listing.

(b) Property Owner agrees to assist Furnished Finder in protecting User Contributions against any unauthorized use by any unaffiliated third party that attempts to reproduce or copy any User Contributions via electronic or other means.

(c) Property Owner agrees that Furnished Finder may sublicense all the rights granted to it under these Terms and Conditions to one or more third parties Furnished Finder may contract with to display all or part of Property Owner’s Property listings or otherwise provide promotional or other services related to Furnished Finder’s business. Property Owner agrees that Furnished Finder 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 Furnished Finder 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 Furnished Finder 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 Furnished Finder Platform or through any Furnished Finder Platform-related communication or transaction, that Property Owner shall only use such personal information for: (i) Furnished Finder Platform related communications that are not unsolicited commercial messages; (ii) using the services offered through the Furnished Finder Platform; and (iii) inquiring about or otherwise facilitating a financial transaction between Property Owner and the Traveler related to the purpose of the Furnished Finder Platform. Any other purpose will require express permission from the Traveler. Property Owner may not use any such personal information for any unlawful purpose or with any unlawful intent.

(b) Property Owner must provide all Travelers with an opportunity to remove their information from the Property Owner address book, database, or any other records and a chance to access what personal 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 Furnished Finder’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 personal information.

(c) Furnished Finder does not tolerate spam or unsolicited commercial electronic communications of any kind. 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 Furnished Finder Platform, or any other data, information or other materials obtained on or available from or through the Furnished Finder 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 Furnished Finder Platform or through any tool or service provided on the Furnished Finder Platform.

2.5 Translations and Maps. If any Property Owner content is translated for display on the Furnished Finder Platform or any site of any ailiate of Furnished Finder, Furnished Finder 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 Furnished Finder Platform that are provided by Google are subject to the Google Maps Terms and Conditions

2.6 Insurance. Furnished Finder does not provide liability, property, or any other insurance protection for Property Owner. Property Owner is 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 through the Furnished Finder Platform. Property Owner shall provide Furnished Finder with copies of relevant proof of coverage upon request.

3. FEES AND PAYMENT TERMS

3.1 Fees. Property Owner shall pay Furnished Finder the fees and expenses set forth in the applicable Listing Agreement between Property Owner and Furnished Finder.

3.2 Automatic Renewal of Subscriptions. If Property Owner pays for a subscription 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. When Property Owner turns off auto-renewal, the subscription will remain active through the expiration of the then-current subscription term, however, the subscription will not automatically renew 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 reaffirms and authorizes Furnished Finder 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.

3.3 Subscription Terms.

All subscriptions are sold to run the full term that is chosen by the Property Owner. Unless otherwise agreed to, subscriptions are for a minimum of twelve (12) months and can be up to twenty-four (24) months. The subscription term starts on the date that Property Owner submits the full or initial (as applicable) payment and expires on the last date of the term chosen by Property Owner. For example, for an annual subscription term, if 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 Furnished Finder 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 Furnished Finder from time to time without notice by displaying the terms on the Furnished Finder Platform. The sign-up process and additional notices Property Owner may receive from Furnished Finder may also provide additional terms and conditions for such listings.

3.5 Refunds. All fees paid are non-refundable, including in the circumstance where Property Owner’s background check comes back negative or a verification cannot be completed. If Property Owner sells the Property and no longer wishes for the Property listing to remain online, Furnished Finder 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 Furnished Finder's income.

3.7 Payment. Payment will be as set forth in the applicable Listing Agreement, 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 remain on file at all times. Late payments shall be subject to a charge of eighteen percent (18%) per annum on the due amount from due date until payment has been received by Furnished Finder. Client shall also reimburse Furnished Finder any bank charges, penalties, or other amounts for insufficient funds or other payment rejection. Credit card payments will show up as transactions with Furnished Finder, LLC.

4. ADDITIONAL TERMS AND CONDITIONS

4.1 Appearance in Search Results. Furnished Finder cannot guarantee that Property Owner’s Property listings will appear in any specific order in search results on the Furnished Finder 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 Furnished Finder may deem important to the user experience from time to time. Property listing appearance or order in search results may also vary depending on the search criteria used by the Traveler. Furnished Finder reserves the right to apply various search algorithms or to use methods to optimize results for Travelers’ experiences and the overall marketplace. Property 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 a particular subscription level or at all. Property listings distributed on third-party websites are not guaranteed to display on such third-party website in a particular order or at all. Search results and sort order may appear different on current or future Furnished Finder mobile applications than they appear on the Furnished Finder Platform. To optimize the search experience for both Property Owner and Travelers, Furnished Finder retains the right to run occasional tests that will be limited in duration but may alter how Furnished Finder displays search results and subscription levels.

4.2 Content, Layout and Copy. All content and copy edits submitted by Property Owner are subject to review and approval by Furnished Finder in its sole discretion. Furnished Finder 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, Furnished Finder 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 Property Owner. All content must meet these Terms and Conditions including the Content Standards in the Furnished Finder Platform Terms of Use. Furnished Finder reserves the right to edit content submitted to the Furnished Finder Platform in a non-substantive manner solely to cause the content to comply with the Content Standards or formatting requirements. Property Owner is responsible for reviewing and ensuring that any content displayed on the Furnished Finder 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 Furnished Finder’s Content Standards. Furnished Finder 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 Furnished Finder.

(b) By submitting a photograph to Furnished Finder, Property Owner represents and warrants that: (i) it holds all intellectual property rights with respect to each submitted photograph, or it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement: (ii) any person in the photograph has provided Property Owner with valid permission in compliance with applicable law for their likeness to be displayed in an online advertisement on the Furnished Finder 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 Property Owner will indemnify, defend, and hold harmless Furnished Finder from any cause of action arising from any misrepresentation or otherwise with respect to any and all photographs submitted.

4.4 Uses of Trademarks, Names or Logos. Without Furnished Finder’s prior written authorization, Property Owner may not use any Furnished Finder trademarks, names, logos, product and service names, designs, or slogans, including but not limited to Furnished Finder, FurnishedFinder.com, Travel Nurse Housing, and TravelNurseHousing.com in any advertising. Property Owner may not refer to Furnished Finder or any of its affiliates in any way that implies that Property Owner or its Property listings are sponsored by, affiliated with, or endorsed by Furnished Finder or any of its affiliates. For example, Property Owner may not provide “Furnished Finder sponsors my furnished rental,” or describe any Property listing as “Furnished Finder’s best furnished rental.” For the avoidance of doubt, Property Owner may not use Furnished Finder’s trademarks, names, logos, product and service names, designs, or slogans on any other website that lists furnished rentals. Notwithstanding the foregoing, during the term of any applicable Listing Agreement, Property Owner may use Furnished Finder’s name and trademarks solely in a descriptive manner on its Property listings on the Furnished Finder Platform or in permissible communications. Property Owner may provide “Check out my listing on Furnished Finder,” or “I list properties on Furnished Finder.” In addition, Property Owner may post Property listing URLs on social media platforms. All other uses are prohibited without Furnished Finder’s prior written authorization.

4.5 Hypertext Links. Furnished Finder reserves the right to refuse hypertext links to, or addresses of, other websites from Property Owner’s pages, and to remove links or web addresses without notice in its sole discretion. Further, Furnished Finder 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 listing must relate to an individual and a uniquely identified Property, unless: (a) Property Owner is a property manager who has signed up for one of Furnished Finder’s packages for property managers; or (b) Property Owner otherwise has purchased a listing package that expressly allows for the substitution of Properties.

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

(b) The Property listing cannot be an example of properties in an area. Only one Property can appear on each Property listing, unless it is a Property with multiple rental units on the same site and additional advertising units are purchased. Furnished Finder 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.

(c) All subscription listing packages require one subscription per Property.

4.7 Payments Between Property Owners and Travelers. Furnished Finder is not a party to any payment transaction between Property Owner and Travelers, even if it receives a commission in connection with any payment transaction. Property Owner may not 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 Furnished Finder Platform may result in the immediate removal of the non-conforming listing from the Furnished Finder Platform without notice to the Property Owner and without refund.

4.8 Feedback. If Property Owner transmits or provides any communications or materials to Furnished Finder by mail, email, telephone, or otherwise, suggesting or recommending changes to the Furnished Finder Platform or Services (“Feedback”), Furnished Finder is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. Property Owner hereby assigns to Furnished Finder on Property Owner’s behalf, and on behalf of its employees, contractors and/or agents, all right, title, and interest in, and Furnished Finder 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 Furnished Finder is not required to use any Feedback.

5. RELATIONSHIP OF THE PARTIES

The relationship between Furnished Finder and Property Owner is that of independent contractors. Nothing contained in these 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 Furnished Finder 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 Furnished Finder 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 Furnished Finder Disclaimers

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

FURNISHED FINDER 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.

PROPERTY OWNER ACKNOWLEDGES AND AGREES THAT ANY TRANSMISSION TO AND FROM THE FURNISHED FINDER 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 FURNISHED FINDER AND BY POSTING INFORMATION ON THE FURNISHED FINDER PLATFORM, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN PROPERTY OWNER AND FURNISHED FINDER OTHER THAN PURSUANT TO THESE TERMS AND CONDITIONS.

PROPERTY OWNER ACKNOWLEDGES AND AGREES THAT IT WILL NOT HOLD OR SEEK TO HOLD FURNISHED FINDER OR ANY THIRD-PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND PROPERTY OWNER FURTHER ACKNOWLEDGES AND AGREES THAT FURNISHED FINDER IS NOT A PARTY TO ANY RENTAL TRANSACTION OR OTHER TRANSACTION BETWEEN TRAVELERS AND OTHER USERS OF THE FURNISHED FINDER PLATFORM. FURNISHED FINDER 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 FURNISHED FINDER 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. Furnished Finder 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 Furnished Finder Platform, Property Owner will be introduced to third parties in relation to whom Furnished Finder has not conducted any background or reference checking, that may be potentially dangerous, and that Property Owner uses the Furnished Finder Platform at Property Owner’s own risk.

7. INDEMNIFICATION

Property Owner shall indemnify, defend, and hold harmless Furnished Finder 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 Furnished Finder Platform user related to 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; and (e) any other matters arising out of or related to Property Owner’s use of the Furnished Finder Platform.

8. LIMITATION OF LIABILITY

8.1 EXCLUSION OF DAMAGES. IN NO EVENT WILL FURNISHED FINDER 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 FURNISHED FINDER 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 FURNISHED FINDER 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.

9.2 Termination/Suspension. In addition to any other express termination or suspension right set forth elsewhere in these Terms and Conditions, Furnished Finder may suspend or terminate Property Owner’s access or use of the Furnished Finder Platform, and the Agreement, at any time if there is any breach of any provision of the Agreement, including any unauthorized use of the Furnished Finder 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 MAJUERE

Furnished Finder 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. Furnished Finder 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. GOVERNING LAW AND DISPUTE RESOLUTION

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

13. MISCELLANEOUS

13.1 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: (a) by person delivery when delivered personally; (b) by overnight courier upon written verification of receipt; or (c) by certified or registered mail, return receipt requested, upon verification of receipt. Notice will be sent to the addresses provided by the parties.

13.2 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.

13.3 Waiver. No waiver by Furnished Finder of any term or condition set forth in these Terms and Conditions 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 Furnished Finder to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

13.4 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.

13.5 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 so as to effect 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

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

13.7 Entire Agreement. These Terms and Conditions, including the Furnished Finder Platform Terms of Use, and all terms and other documents referenced in those agreements, including the Listing Agreement 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.