Last Revised: July 20, 2026
The websites and any Furnished Finder mobile or desktop applications (collectively, “Furnished Finder Platform”) on which this Terms of Use (“Terms of Use”) appears are owned and operated by Furnished Finder, LLC. doing business as Furnished Finder (“Furnished Finder,” “we,” “our,” or “us”). The Furnished Finder Platform may provide information, documents, tools, products, services, accounts, offers, and suggestions on the best way to use our products and platforms (collectively, “Services”). For purposes of this Terms of Use, “you” or “your” means the person accessing the Furnished Finder Platform and any persons that allow others to provide information about themselves to us.
THIS TERMS OF USE CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THIS TERMS OF USE. YOUR ACCESS TO AND USE OF THE FURNISHED FINDER PLATFORM IS SUBJECT TO THIS TERMS OF USE AND ALL APPLICABLE LAWS AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE FURNISHED FINDER PLATFORM AND/OR SEEK ALL LEGAL REMEDIES, INCLUDING INJUNCTIVE AND MONETARY RELIEF IF YOU VIOLATE THIS TERMS OF USE. 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, YOU AGREE TO THIS TERMS OF USE WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH US AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE FURNISHED FINDER PLATFORM OR THROUGH OTHER CHANNELS, SUCH AS BY TELEPHONE, EMAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE WITH THIS TERMS OF USE, DO 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.
MANDATORY CLASS ACTION AND JURY TRIAL WAIVER. This Terms of Use contains a mandatory (binding) class action and jury trial waiver. Except where prohibited by applicable law, you agree that you waive your right to participate in a class action lawsuit, including as a class representative and to participate in a trial by jury. For more details, see below.
We may make changes to the content available on the Furnished Finder Platform at any time. We can change, update, add, or remove provisions of this Terms of Use at any time by posting the updated Terms of Use on the Furnished Finder Platform.
We will make commercially reasonable efforts to notify you of any material changes to this Terms of Use however we are not obligated to. You waive any right you may have to receive specific notice of such changes to this Terms of Use. By using the Furnished Finder Platform after we have updated the Terms of Use, you are agreeing to the then-current Terms of Use. You are responsible for regularly reviewing this Terms of Use.
In addition to this Terms of Use, your use of certain Services may be governed by additional agreements.
Besides this Terms of Use, we also publish a Privacy Policy (opens in new tab). Although it is not part of this Terms of Use, we encourage you to read it to better understand how you can update, manage, access, and delete your information.
Furnished Finder reserves the right to withdraw or amend the Furnished Finder Platform and any Services or Materials (defined below) provided on the Furnished Finder Platform, in Furnished Finder’s sole discretion and without notice.
Furnished Finder will not be liable if for any reason all or any part of the Furnished Finder Platform is unavailable at any time or for any period. From time to time, Furnished Finder may restrict access to some parts of the Furnished Finder Platform, or the entire Furnished Finder Platform, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the Furnished Finder Platform.
Ensuring that all persons who access the Furnished Finder Platform through your internet connection are aware of these Terms of Use and comply with them.
To access the Furnished Finder 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 Furnished Finder Platform that all the information you provide on the Furnished Finder Platform is correct, current and complete, and that you have the authority to provide such information to us.
If you choose, or are provided with, a username, password or any other piece of information as part of Furnished Finder 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 Furnished Finder Platform or portions of it using your username, password or other security information. You shall bear the entire risk for any use thereof, whether you have authorized such use and whether or not you are negligent. If you permit other persons to use your computer or mobile device, login information or any other means to access the Services, you will be held responsible for any transactions they undertake, and we will not be liable for any damages resulting to you.
You agree to notify Furnished Finder 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 particular 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 username of another person with intent to impersonate that person; (ii) you will not select or utilize a username 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 username that Furnished Finder in its sole discretion deems offensive.
Furnished Finder has the right to disable any username, password or other identifier, whether chosen by you or provided by Furnished Finder, at any time in its sole discretion for any or no reason, including if, in Furnished Finder’s opinion, you have violated any provision of this Terms of Use.
The Furnished Finder Platform acts as a venue to allow property owners or managers who advertise on the Furnished Finder Platform (each, a “Property Owner”) to offer for rent in a variety of pricing formats, a specific short-term rental property (“Property”) to potential renters (each, a “Traveler” and, collectively with the Property Owners, the “users”). Furnished Finder:
(i) does not own or manage any Property listed on the Furnished Finder Platform; (ii) does not enter into a lease(s) or other transaction with Property Owners and Travelers; (iii) is not a party to a rental agreement or other transaction between users; and (iv) provides no insurance relating to any transaction. Furnished Finder also does not serve as a judge or mediator for any dispute between a Property Owner and a Traveler.
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 users. Users may not manipulate reviews and users posting reviews that violate our terms, will risk losing their account with no remediation or a refund of any fees paid. Users may report any review by contacting us through the “Questions” section below. Furnished Finder may approve or decline a review, or parts of a review in its sole discretion, at any time.
By posting a review, you agree that:
You are a verified Traveler who exchanged money with a Property Owner for the purpose of renting a Property or a Property Owner.
All reviews must not be libelous, defamatory, harassing, threatening, or inflammatory, disrespectful, obscene, lewd, or contain sexual or otherwise explicit content, or contain obscenities or profanity and cannot express hatred or intolerance for people on the basis of race, ethnicity, nationality, gender or gender identity, religion, sexual orientation, age, or disability, including by promoting organizations with such views.
All reviews must not contain personal information of a party, including but not limited to, any full name, phone number, email address, or physical address.
You will not impersonate other people or organizations.
You will not repeatedly send messages or requests to other people.
You will not attempt to drown out other people's opinions, including by posting from multiple accounts or coordinating with others.
You will not engage in name-calling or attacking people.
All reviews must not contain content created for the purpose of advertising or other commercial content, which may include company logos, links, or company names.
We have the right to restrict the ability for any user to submit a review at our sole discretion and at any time. If you are suspected of harassing or sharing false information about a user, we will remove you from the Furnished Finder Platform without notice or a refund of any fees paid.
Unless otherwise specified in this Terms of Use, all information and screens appearing on the Furnished Finder Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, graphics, icons, images, video and audio, and other content, as well as the design, selection and arrangement thereof), are owned by Furnished Finder, its subsidiaries and affiliates, licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws (collectively, “Materials”).
Subject to this Terms of Use, we hereby grant to you a revocable, limited, personal, non-exclusive, and non-transferable license to use, view, print, display, and download the Materials for the sole purpose of viewing them on a stand-alone personal computer or mobile device and to use the Furnished Finder Platform solely for your personal, non-commercial use only. You agree not to use the Platform for any other purpose, including by using any information obtained from or through the Platform, including but not limited to contact information, to solicit Property Owners or Travelers.
Except for the foregoing license and as otherwise required or limited by applicable law, you have no other rights in the Furnished Finder Platform or any Materials and you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, enhance, transmit, or exploit any of the Furnished Finder Platform or Materials in any manner or for any purpose that would constitute infringement of our, our licensors’, or the Furnished Finder Platform’s other user’s intellectual property rights. For the avoidance of doubt, you may not access or use the Furnished Finder Platform or any Materials for commercial uses such as obtaining property listing information, traveler information, or contact information. Such access and use is strictly prohibited. All rights not expressly granted herein are reserved.
If you breach this Terms of Use, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials. Furnished Finder also reserves all rights to seek injunctive relief to prevent the use of such information and recovery of any costs required to do so.
The Furnished Finder, Furnished Apartments, and Travel Nurse Housing names and logos, and all related names, logos, product and service names, designs and slogans are trademarks of Furnished Finder or its affiliates or licensors. You must not use such marks without the prior written permission of Furnished Finder. 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 the Furnished Finder Platform are the trademarks of their respective owners.
By forwarding any content or communications to us through the Furnished Finder Platform or by other electronic means, you thereby grant us a perpetual, royalty-free, fully paid-up, world-wide, irrevocable, non-exclusive, freely transferable, and freely sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services. No compensation will be paid to you with respect to our or our sublicensees’ use of your communications. By providing or submitting content, you represent and warrant that you own or otherwise control all the rights to your submitted content and communications as described in this section, including all the rights necessary for you to submit the content and communications and grant the license above.
By using the Furnished Finder Platform and/or the Services, you consent to receiving electronic communications, including electronic notices, from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Furnished Finder Platform and/or Materials. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
SMS Terms & Conditions. By providing your mobile phone number, you consent to receive SMS messages from Furnished Finder related to your property listing, communications, leads and support requests.
Message Frequency. Message frequency may vary.
Message and Data Rates. Standard message and data rates may apply.
Opting Out. You may opt out of receiving SMS messages at any time by replying with “STOP” to any SMS message you receive from us. After opting out, you will receive a confirmation message, and we will cease sending SMS messages to your number.
Help and Support. If you need assistance or have questions about our SMS service, reply with “HELP” to any SMS message you receive, or contact our customer support team at +1 (661) 489-5907 (opens in new tab).
By accessing or using the Furnished Finder Platform, you agree that:
Your use of the Furnished Finder Platform is subject to and governed by this Terms of Use;
You will only access or use the Furnished Finder Platform and transact business with us if you are at least eighteen (18) years old;
You will only use the Furnished Finder Platform and its Materials and any User Contributions for non-commercial and personal use in accordance with the license provided under this Terms of Use;
You will use the Furnished Finder Platform solely for its Services offered in the normal course of business; You will always act in accordance with the law and custom, and in good faith;
You will comply with and be bound by this Terms of Use as it appears on the Furnished Finder Platform each time you access and use the Furnished Finder Platform;
Each use of the Furnished Finder Platform by you indicates and confirms your agreement to be bound by this Terms of Use; and
This Terms of Use is a legally binding agreement between you and us that will be enforceable against you
You also agree not to use the Furnished Finder Platform, including any information, data, content, Materials, or User Contributions obtained from the Furnished Finder Platform, in any way that:
Changes or alters the Furnished Finder Platform or Services, or any content or Materials that may appear on the Furnished Finder Platform;
Impairs in any way the integrity or operation of the Furnished Finder Platform;
Is in any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
Transmits or sends any advertisements, promotional materials, schemes, flooding, or other solicitations, including communications to Property Owners and Travelers, including any “junk mail,” “chain letter” or “spam”;
Interferes with our network services or attempts to gain unauthorized access to our network services;
Impersonates or attempts to impersonate Furnished Finder, a Furnished Finder 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);
Restricts or inhibits anyone’s use or enjoyment of the Furnished Finder Platform, or may harm Furnished Finder or users of the Furnished Finder Platform or expose them to liability;
Suggests an express or implied affiliation or relationship with us without our express written permission;
Impairs or limits our ability to operate the Furnished Finder Platform or any other person’s ability to access and use the Furnished Finder Platform;
Introduces any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
Transmits or uploads violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
Dilutes or depreciates our or any of our affiliates’ name and reputation;
Transmits or uploads content or images that infringe upon any third party’s intellectual property rights or right to privacy;
Unlawfully transmits or uploads any confidential, proprietary or trade secret information; or Competes with Furnished Finder, its subsidiaries and affiliates, licensors, or other providers.
We have no obligation, but maintain the right, to monitor the Furnished Finder Platform. This list of prohibited activities provides examples and is not complete or exclusive. We reserve the right to terminate access to your account and your ability to use the Furnished Finder Platform with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to the Furnished Finder Platform or to any other user of the Furnished Finder Platform and/or Materials. We may report to law enforcement authorities any actions that may be illegal, and any reports we receive of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Furnished Finder Platform or on the Internet, which may include disclosing any information we obtain. In addition, we may disclose information we obtain as necessary or appropriate to operate or improve the Furnished Finder Platform, to protect us and/or our Furnished Finder Platform users, or for any other purpose that the law permits.
The Furnished Finder 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 Furnished Finder Platform.
All User Contributions must comply with the Content Standards set out in this Terms of Use.
By providing any User Contribution on the Furnished Finder Platform, you grant Furnished Finder and its affiliates and each of their and Furnished Finder’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 Furnished Finder and Furnished Finder’s affiliates and service providers, and each of their and Furnished Finder’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 Furnished Finder, has full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
Furnished Finder 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 Furnished Finder Platform.
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 this Terms of Use and Furnished Finder’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 Furnished Finder or any other person or entity, if this is not the case.
Furnished Finder has the right to:
Remove or refuse to post any User Contributions for any or no reason in its sole discretion.
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 we deem necessary or appropriate in our sole discretion, including if we believe 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 Furnished Finder Platform or the public or could create liability for us.
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 Furnished Finder Platform.
Terminate or suspend your access to all or part of the Furnished Finder Platform for any or no reason, including without limitation, any violation of this Terms of Use.
Without limiting the foregoing, Furnished Finder has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Furnished Finder to disclose the identity or other information of anyone posting any materials on or through the Furnished Finder Platform. YOU WAIVE AND HOLD HARMLESS FURNISHED FINDER 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 AUTHORITIES.
However, Furnished Finder cannot and does not undertake to review all material before it is posted on the Furnished Finder Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Furnished Finder assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Furnished Finder has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The information presented on or through the Furnished Finder Platform—including all data, statistics, and information—is made available solely for general information purposes. Furnished Finder does not warrant the accuracy, completeness, or usefulness of this information. Furnished Finder does not make any representations or warranties that any of the copy, content, Property reviews, guest book entries, Property location, suitability, pricing, or availability information published on the Furnished Finder 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. Any reliance you place on such information is strictly at your own risk.
FURNISHED FINDER DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE FURNISHED FINDER PLATFORM, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
This Furnished Finder 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 us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. Furnished Finder is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
You may link to the Furnished Finder Platform, provided you do so in a way that is fair and legal and does not damage Furnished Finder’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 Furnished Finder’s part without Furnished Finder’s express written consent.
The Furnished Finder Platform may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on the Furnished Finder Platform.
Send e-mails or other communications with certain content, or links to certain content, on the Furnished Finder Platform.
Cause limited portions of content on the Furnished Finder Platform to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Furnished Finder 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 Furnished Finder Platform.
Otherwise take any action with respect to the materials on the Furnished Finder Platform that is inconsistent with any other provision of this Terms of Use.
The website 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 this Terms of Use.
You agree to cooperate with Furnished Finder in causing any unauthorized framing or linking immediately to cease. Furnished Finder reserves the right to withdraw linking permission without notice.
Furnished Finder may disable all or any social media features and any links at any time without notice in Furnished Finder’s discretion.
The Furnished Finder Platform may link to other websites that are not controlled or operated by us (collectively, “Third-Party Sites”). You acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than us, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Sites privacy policy and terms and conditions and/or user guides. We provide links to the Third-Party Sites for your convenience only and we do not verify, make representations, or take responsibility for such Third-Party Sites, including the truthfulness, accuracy, quality, or completeness of the content, services, links, displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY FURNISHED FINDER PLATFORMS AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE
CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Furnished Finder Platform to any product, service, publication, institution, or organization of any third-party entity or individual does not constitute or imply our endorsement or recommendation.
You acknowledge and agree that the availability of our mobile applications may be dependent on the third party from which you received the application’s license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that this Terms of Use is between you and us and not with the App Store and that we are responsible for the provision of Services as described in this Terms of Use. However, if you downloaded the mobile applications from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of this Terms of Use. Upon your acceptance of this Terms of Use, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Terms of Use against you as a third- party beneficiary thereof. This Terms of Use incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Terms of Use, this Terms of Use will control.
Furnished Finder is based in the United States. The Furnished Finder Platform is operated from the United States and Furnished Finder provides the Furnished Finder Platform for use only by persons located in the United States. The Furnished Finder Platform is not approved for distribution outside of the United States and non-U.S. residents should not rely or act upon the information contained within. When using the Furnished Finder Platform, on the Furnished Finder Platform, or when using any content provided by us, you must obey all applicable U.S. federal, state, and local laws.
We do not allow persons under the age of eighteen (18) to use the Furnished Finder Platform. By using the Furnished Finder Platform, you represent and warrant that you are eighteen (18) years of age or over.
Your use of the Furnished Finder Platform is at your own risk. The Materials have not been verified or authenticated in whole or in part by us, and they may include inaccuracies or typographical or other errors. We do not warrant the accuracy or timeliness of the Materials contained on this Furnished Finder Platform. We have no liability for errors or omissions in the Materials, whether provided by us, our licensors or suppliers or other users.
TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE FURNISHED FINDER PLATFORM, THE FURNISHED FINDER PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED FROM OR THROUGH THE FURNISHED FINDER PLATFORM AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICES PROVIDED ARE SUPPLIED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FURNISHED FINDER PLATFORM, THE MATERIALS, ANY CONTENT, OR OTHER POSTED MATERIALS ON THE FURNISHED FINDER PLATFORM IN TERMS OF COMPLETENESS, SECURITY, QUALITY, CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
BY PROVIDING THE SERVICES ON THE FURNISHED FINDER PLATFORM, WE DO NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE FURNISHED FINDER PLATFORM AT ANY TIME, IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THE FURNISHED FINDER 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 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 YOU AND FURNISHED FINDER OTHER THAN PURSUANT TO THIS TERMS OF USE.
YOU ACKNOWLEDGE AND AGREE THAT YOU 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 YOU FURTHER ACKNOWLEDGE AND AGREE THAT FURNISHED FINDER IS NOT A PARTY TO ANY RENTAL TRANSACTION OR OTHER TRANSACTION BETWEEN 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. YOU SHOULD TAKE REASONABLE PRECAUTIONS WHEN ENTERING INTO ANY TRANSACTION.
WE CANNOT GUARANTEE THE FURNISHED FINDER PLATFORM WILL BE AVAILABLE ONE HUNDRED PERCENT (100%) OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASSIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH WE STRIVE TO PROVIDE A RELIABLE PLATFORM, INTERRUPTIONS AND DELAYS IN ACCESSING THE FURNISHED FINDER PLATFORM ARE UNAVOIDABLE AND WE DISCLAIM ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE FURNISHED FINDER PLATFORM, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE FURNISHED FINDER PLATFORM, THE MATERIALS, AND ANY CONTENT OR SERVICES OBTAINED
THROUGH THE FURNISHED FINDER PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT OF FEES PAID BY YOU TO FURNISHED FINDER IN THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE INCIDENT GIVING RISE TO THE LIABILITY.
You agree to indemnify, defend, and hold harmless us and, to the extent applicable, our subsidiaries and affiliates and each of their and our respective oficers, 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 use of the Furnished Finder Platform. Such acts may include, but are not limited to: (i) providing content to or communicating with us or, to the extent applicable, our subsidiaries or affiliates; (ii) unauthorized use of any Materials, information, or data obtained through the Furnished Finder Platform; (iii) engaging in a prohibited activity; or (iv) any other action that breaches this Terms of Use. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
FURNISHED FINDER IS NOT INVOLVED IN TRANSACTIONS BETWEEN PROPERTY OWNERS AND TRAVELERS OR OTHER USER DEALINGS. IF A DISPUTE ARISES BETWEEN ANY USERS, EACH PARTY RELEASES FURNISHED FINDER (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 FURNISHED FINDER 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, (i) USE OF THE FURNISHED FINDER PLATFORM, (ii) ACTIONS, INACTIONS, AND/OR OMISSIONS OF OTHER USERS, (iii) THE PROMOTION OR ADVERTISING OF PROPERTY ON THE FURNISHED FINDER PLATFORM, (iv) THE USE OF THE FURNISHED FINDER PLATFORM TO OFFER FOR RENT OR TO FACILITATE THE RENT OF PROPERTY, OR (v) THE RENTAL OF ANY PROPERTY.
Furnished Finder respects the intellectual property of others. Furnished Finder reserves the right, in appropriate circumstances and at its discretion, to terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please send the required DMCA Notice to our Agent identified below.
It is the policy of Furnished Finder to promptly process and investigate notices of alleged copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 (“DMCA”). Pursuant to the DMCA, Furnished Finder has designated an agent to receive notification of alleged copyright infringement occurring on its servers. If you believe that your copyrighted work is being infringed by a User of Furnished Finder’s services, please notify our designated agent, preferably by email, at:
DMCA Agent
Furnished Finder, LLC.
PO Box 30374
Austin, Texas 78755
E-Mail: legal@furnishedfinder.com
Notice Requirements:
The DMCA requires that all notices of alleged copyright infringement must be in writing. When informing the designated agent of an alleged copyright infringement, you should:
Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single online site are involved, please provide a list of the works on that site.
Describe the material that is claimed to be infringing and provide sufficient information to permit Furnished Finder to locate that material.
Provide your contact information, including an address, telephone number, and, if available, an e-mail address.
Certify or include a statement that you have a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner’s agent, or law.
Certify that the information that you have provided Furnished Finder is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
Include a physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner.
Furnished Finder may not be able to act on your complaint promptly or at all if you do not provide the information required in the “Notice Requirements.” Before you allege an infringement, you should consult copyright materials to confirm that the use is, in fact, infringing. The United States Copyright Office provides basic information that can help you determine whether an exception or defense, such as fair use, may apply to the use of your copyrighted work.
Notice and Takedown Procedure
Furnished Finder expects all users of its services to comply with applicable copyright laws. However, if Furnished Finder receives notice of a claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond appropriately, which may include removing or disabling access to the material that is claimed or believed to be infringing. Furnished Finder will follow the procedures outlined in the Digital Millennium Copyright Act with regard to appropriate notifications of the user and the complaining party, acceptance of counter notifications, and, where indicated, put back of the alleged infringing material. Refer to the United States Copyright Office for a summary of the provisions of the DMCA.
Submitting a Counter Notice
If we have taken your content down and you believe this is in error, you can submit a counter notice which we will pass on to the person who submitted the original notice. You may contact the original notifier directly if you want to resolve it directly. If you come to an agreement, the reporter must email legal@furnishedfinder.com and we’ll reinstate your content as quickly as we can. Furnished Finder takes no legal responsibility for your counter notice other than passing it onto the original filer. We encourage you to seek legal counsel as there may be legal consequences to challenging a notice.
Repeat Infringers
Furnished Finder may terminate the service of repeat infringers if it receives multiple separate DMCA notices within a single month. A successful counter notice will remove a strike. In accordance with data protection legislation, we will keep a copy of your records to ensure we’re complying with our own processes and procedures.
You acknowledge that we may be irreparably damaged if this Terms of Use is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Terms of Use by you, we shall be entitled to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Terms of Use. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state or federal courts located in Colorado. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the “Questions” section below.
In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above and to the extent allowed by law, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the Furnished Finder Platform, the Services, and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be resolved on an individual (non-class) basis and you irrevocably waive any and all right to a trial by jury.
YOU UNDERSTAND AND AGREE THAT YOU WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY CLAIM AND ANY CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS TERMS OF USE OR RELATED IN ANY WAY TO THE FURNISHED FINDER PLATFORM, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability. No waiver by Furnished Finder of any term or condition set forth in this 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 Furnished Finder to assert a right or provision under this Terms of Use shall not constitute a waiver of such right or provision.
If any provision of this 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 this Terms of Use will continue in full force and effect.
Property Owner Services. All listings of property through the Furnished Finder Platform or other transactions for the sale of services or information formed through the Furnished Finder Platform or as a result of visits made by you are governed by Furnished Finder’s Property Listing Terms and Conditions. (opens in new tab)
Governing Law and Jurisdiction. This Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction). You agree that any dispute arising from or relating to the subject matters of this Terms of Use shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Denver, Colorado, except where the jurisdiction and venue are mandated by applicable assignment.
Attorneys’ Fees. In the event that 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 costs from the non-prevailing party.
Assignment. You may not assign, delegate or transfer this Terms of Use or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior written consent. We may freely assign our obligations and rights under this Terms of Use, including all personal information in our possession that we have collected during your use of the Furnished Finder Platform as further described in our Privacy Policy.
Headings. Provision and section headings are for convenience of reference only and shall not affect the interpretation of this Terms of Use.
Typographical Errors. Information on the Furnished Finder Platform may contain technical inaccuracies or typographical errors. We attempt to make the Furnished Finder Platform’s postings as accurate as possible, but we do not warrant the content of the Furnished Finder Platform is accurate, complete, reliable, current, or error-free.
If you have any questions or comments about this Terms of Use or the Furnished Finder Platform, please contact us (opens in new tab).
This Optional Protection Program Terms and Conditions (the “Program Terms”) hereby modifies such provisions of the terms and conditions governing the relationship between: (i) the property owner or landlord (“Property Owner”) identified in the applicable Terms of Use, Platform Terms and Conditions, or other services agreement referencing such terms and conditions (the “Listing Agreement”); and (ii) Furnished Finder, LLC. doing business as Furnished Finder (“Furnished Finder”) relating to Property Owner’s use of the Furnished Finder platform (the “Furnished Finder Platform”) for the purpose of listing rental properties (“Property(ies)”) on the Furnished Finder Platform and carrying out activities related to the listing and rental of such Properties.
The Optional Protection Program governed by these Program Terms is marketed and offered by Furnished Finder under the commercial name “Damage Protection Plan” or “DPP” (the “Program”).
The Program is not insurance and does not replace the need for Property Owner to maintain appropriate property, liability, landlord, homeowners, or rental insurance.
The Program is not intended to, and does not, replace, reduce, or eliminate Property Owner’s responsibility to conduct appropriate and independent screening, qualification, vetting, verification, background checks, reference checks, identity verification, or other diligence relating to any guest, renter, tenant, or occupant of a Property.
Property Owner remains solely responsible for exercising reasonable judgment and implementing appropriate rental, screening, safety, and property management practices in connection with all Guest Reservations and use of the Property. Capitalized terms used in these Program Terms have the meanings set forth in Section E (Definitions), unless otherwise expressly defined herein.
Furnished Finder provides the Program for the purpose of promoting and supporting the Furnished Finder Platform and helping support Property Owners participating on the Furnished Finder Platform through certain limited contractual reimbursement protections made available under these Program Terms.
The Program is intended to provide participating Property Owners with an additional layer of support relating to certain eligible Covered Losses arising from Guest Reservations; however, participation in the Program does not eliminate or reduce Property Owner’s independent responsibilities relating to property ownership, maintenance, guest screening, risk management, or insurance.
Subject to all Program Terms herein, including conditions, exclusions, deductibles, limitations, and eligibility requirements, Furnished Finder may reimburse, in Furnished Finder’s reasonable discretion, Property Owner for eligible Covered Losses occurring during an eligible Guest Reservation at a participating Property (the “Furnished Finder Obligation”).
Furnished Finder and its insurers, claims administrators, representatives, agents, contractors, adjusters, legal counsel, and designated third-party service providers (collectively, “Program Representatives”) retain sole discretion to: investigate, evaluate, approve, deny, compromise, adjust, or settle any request for reimbursement under the Program.
No reimbursement obligation exists unless and until the Program Representatives determine, in their reasonable discretion, that: (i) the claimed loss constitutes a Covered Loss, (ii) all Program conditions have been satisfied, and (iii) the claim is otherwise eligible under these Program Terms.
Furnished Finder and Program Representatives may administer, investigate, adjust, compromise, settle, deny, or otherwise resolve claims in their reasonable discretion consistent with these Program Terms. Furnished Finder’s administration of the Program may be subject to the rights, review, consent, or participation of insurers, claims administrators, or other Program Representatives.
In consideration of the Furnished Finder Obligation, Property Owner shall pay Furnished Finder the applicable monthly charge associated with the Optional Protection Program coverage option elected by Property Owner in the applicable Coverage Election Addendum (the “Program Charge”). The Program shall apply only during periods for which the Program Charge has been paid.
The Program Charge shall correspond to the specific coverage plan selected by Property Owner for the applicable Property, including the applicable Protection Limits, deductibles, and coverage features associated with such elected plan.
The Program Charge shall be charged on a monthly basis for each enrolled Property participating in the Optional Protection Program.
Property Owner has an obligation to take reasonable steps to maintain, secure, and protect the Property and to mitigate potential Covered Losses. Furnished Finder reserves the right to deny or reduce reimbursement where a Covered Loss results from Property Owner’s failure to take reasonable steps to maintain, secure, protect, or preserve the Property. Property Owner shall take commercially reasonable steps to mitigate further Damage following any Covered Loss.
Furnished Finder may deny reimbursement for any Covered Loss arising from fraudulent, collusive, sham, non-arms-length, or otherwise improper Guest Reservations.
Furnished Finder may modify Program Charges applicable to future coverage periods upon prior notice in accordance with the Program Terms and Conditions.
Subject to all exclusions, limitations, eligibility requirements, deductibles, Protection Limits, and claims procedures, covered loss categories may include the following (collectively, “Covered Loss(es)”):
Personal Contents Damage. Direct physical Damage caused by a guest during a Guest Reservation to eligible Personal Contents owned or legally controlled by Property Owner and located within a Property. Personal Contents Damage does not include property owned by any guest, renter, tenant, occupant, or other third party.
Real Property Damage. Direct physical Damage to, or liability arising from Damage to, the structure or permanently affixed components of a Property, subject to these Program Terms.
Host Liability. Certain claims for Bodily Injury or third-party property Damage arising from incidents occurring at the Property during the term of an executed lease or rental agreement between Property Owner and the applicable tenant, renter, or occupant for which Property Owner is legally responsible.
Pet-Related Damage. Damage caused by a guest’s permitted pet during a Guest Reservation.
Bed Bug Remediation. Eligible bed bug remediation costs arising from a confirmed infestation occurring during a Guest Reservation.
Applicable deductibles, sublimits, and maximum reimbursement amounts (“Protection Limits”) shall be identified in applicable Program materials. All Covered Losses remain subject to Furnished Finder’s eligibility determination and claims administration procedures. Reimbursement under the Program is subject to applicable Protection Limits, sublimits, aggregate limits, and any other limitations applicable to the Program.
1. “Bed Bug Remediation” means the remediation of an infestation by bed bugs (Cimex Lectularius or C hemipterus) in the Property confirmed by an approved pest control association member company following a Guest Reservation.
2. “Personal Contents” means tangible movable personal property owned or legally controlled by Property Owner and located within the Property, including furniture, upholstery, cushions, lamps, decorations, rugs, non-motorized amenities, appliances, and similar movable property, but excluding Real Property and permanently affixed building components.
3. “Damage” means loss or Damage during a Guest Reservation, including inadvertent acts, omissions, or accident(s) to Real Property or Personal Contents in or about the Property. Damage does not include loss or Damage excluded under these Program Terms, including loss caused by Force Majeure events or loss caused by intentional acts.
4. “Bodily Injury” means bodily injury, sickness or disease sustained by a person, including death which occurred from (1) an incident in or about the Property; and (2) resulted from actions taken or incidents arising at the Property.
5. “Real Property” is property owned or legally controlled by Property Owner, that is affixed or attached within or to the Property including bare walls, framing, roofing, exterior walls, windows casings and frames, doors, subflooring, plumbing, electrical/wiring, and HVAC.
6. Eligible Property means Personal Contents or Real Property eligible for reimbursement under the Program.
7. Guest Reservation means a confirmed reservation for a Property that results in an executed lease, rental agreement, occupancy agreement, or other written agreement between Property Owner and the applicable tenant, renter, or occupant for occupancy of the Property.
8. Force Majeure means events beyond a party’s reasonable control, including natural disasters, severe weather, acts of God, war, terrorism, civil unrest, governmental action, utility interruption, labor disputes, epidemic, pandemic, or similar events.
THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PROGRAM IS INCIDENTAL TO FURNISHED FINDER’S CORE SERVICES TO PROPERTY OWNER AND THAT THE TOTAL CONSIDERATION PAYABLE TO FURNISHED FINDER FOR ALL SERVICES PROVIDED TO PROPERTY OWNER ARE ALLOCATED PRIMARILY TO SERVICES PROVIDED OUTSIDE OF THE PROGRAM. THE PARTIES FURTHER ACKNOWLEDGE AND AGREE THAT THE SERVICES PROVIDED BY FURNISHED FINDER TO PROPERTY OWNER DEMONSTRATE THAT FURNISHED FINDER EXERCISES CERTAIN CONTROLS AND PROTOCOLS (INCLUDING BUT NOT LIMITED TO VALIDATION OF CERTAIN GUESTS) THAT COULD IMPACT THE LIKELIHOOD OF CERTAIN DAMAGES OCCURRING TO WHICH THE PROGRAM RELATES. ACCORDINGLY, THE PROGRAM IS NOT AN INSURANCE POLICY. FURNISHED FINDER IS NOT ACTING AS AN INSURER. THE PROGRAM REFLECTS LIMITED CONTRACTUAL OBLIGATIONS VOLUNTARILY ASSUMED BY FURNISHED FINDER SUBJECT TO THESE TERMS. NO INSURANCE POLICY, INSURANCE CONTRACT, SURETY CONTRACT, OR WARRANTY IS CREATED BY THESE PROGRAM TERMS.
The Program is intended to apply as primary contractual protection except where other valid and collectible insurance expressly applies on a primary or excess basis pursuant to its terms. If other insurance is available for a Covered Loss, Furnished Finder may coordinate benefits, seek contribution, pursue subrogation, or reduce reimbursement amounts to prevent duplication of recovery. No fiduciary, insurer-insured, or special insurance relationship is created between Furnished Finder and Property Owner under the Program. Property Owner acknowledges that reimbursement under the Program is contingent, discretionary, and subject to all Program Terms.
Property Owner remains solely responsible for maintaining all insurance reasonably appropriate for the ownership, maintenance, and rental operation of the Property.
Property Owner must notify Furnished Finder or the applicable Program Representatives of any potential Covered Loss as soon as practicable and no later than fourteen (14) days after the applicable tenant, renter, guest, or occupant vacates or otherwise relinquishes possession of the Property following the applicable Guest Reservation.
As a condition of eligibility for reimbursement under the Program, Property Owner shall fully and timely cooperate with Furnished Finder and Program Representatives in connection with the claims process, including completion of all required claim forms, questionnaires, authorizations, documentation requests, and other claims submission requirements reasonably requested by Furnished Finder or Program Representatives (collectively, the “Claims Process Requirements”).
Property Owner shall provide complete, accurate, and timely information in connection with the Claims Process Requirements and shall supplement such information upon reasonable request.
Failure to provide timely notice, complete the Claims Process Requirements, or otherwise reasonably cooperate with Furnished Finder or Program Representatives may result in denial or reduction of reimbursement to the extent Furnished Finder is materially prejudiced thereby.
Property Owner must provide any information reasonably requested by Program Representatives to verify evidence and support the existence, extent and amount of the Covered Loss, which may include:
the known or reasonably estimated time, cause and origin of the Covered Loss, to the extent reasonably available to Property Owner;
the total amount of the Covered Loss that is subject to the reimbursement request;
photographs and videos;
an inventory of the lost, destroyed or damaged eligible property
invoices, receipts, and repair estimates;
Furnished Finder Guest Reservation details;
communications with guests;
incident reports;
proof of ownership or value;
evidence reasonably demonstrating that the loss occurred during the reservation period and during a period that the Program is in effect.
Documentation and information submitted by Property Owner must be complete, accurate, authentic, and not altered, manipulated, fabricated, or falsified, including through the use of artificial intelligence tools or image manipulation software. Furnished Finder reserves the right to request additional documentation if submitted documentation cannot be verified. Failure to provide requested documentation may result in denial or reduction of reimbursement.
Furnished Finder or the applicable Program Representative reserves the right, but not the obligation, to independently investigate the facts and circumstances of any submitted Covered Loss, including the right to:
investigate claims with reasonable discretion and at the expense of Furnished Finder or Program Representative;
inspect the Property;
communicate with guests;
request additional documentation;
obtain independent estimates;
determine repair methodology;
determine actual cash value;
and resolve claims in its reasonable discretion.
As part of Claims investigation, Property Owner agrees to:
permit Program Representatives to inspect, photograph, document, and evaluate the Property upon reasonable request and to the extent Program Representatives deem reasonably necessary in connection with the investigation, evaluation, adjustment, or resolution of a Covered Loss;
cooperate with Program Representatives, including signing any documents, and timely responding to any reasonable requests for additional information or documentation requested to process the reimbursement request;
protect and preserve the Eligible Property from further loss or Damage during the Program Claim process, provided, however, that nothing in these Program Terms shall prohibit Property Owner from continuing to market, lease, rent, occupy, repair, restore, or otherwise use the Property in the ordinary course of business while a reimbursement request or Covered Loss remains under review, so long as Property Owner reasonably preserves evidence relating to the Covered Loss and continues to cooperate with Program Representatives;
consent to Program Representative’s review of all communications between Property Owner and Guest, for the purpose of evaluating the reimbursement request;
authorize Furnished Finder and Program Representatives to obtain information from guests, insurers, contractors, property managers, governmental authorities, and third parties reasonably necessary to evaluate Covered Losses; and
consent to Program Representatives communicating directly with guests regarding any claimed Damage, reimbursement request, or claim resolution.
Furnished Finder or Program Representative may deny claims that are deemed to be:
unsupported;
fraudulent;
exaggerated;
undocumented;
outside Program scope;
deemed by insurer(s) of Furnished Finder relating to insurance policies purchased by Furnished Finder to insure its obligations hereunder that claims hereunder are not covered under such insurance policies;
or otherwise ineligible.
Program Representatives shall use commercially reasonable efforts to process reimbursement requests in a timely manner. The time it takes for Program Representatives to process a reimbursement request will depend on:
the amount of payment being requested for a Covered Loss;
the location of the Property;
the nature of the Property and the nature of the Covered Losses;
the completeness and type of information and documentation provided to Program Representatives regarding the Covered Losses;
the number of reimbursement requests that are currently being processed for other Property Owners;
whether part or all of the Covered Losses are covered by any insurance policy Property Owner may benefit from;
the claims decisions of insurer(s) of Furnished Finder relating to insurance policies purchased by Furnished Finder to insure its obligations hereunder and the timeliness of such insurers of Furnished Finder to remit claims payments thereto; and
anything else that may impact Program Representative processing time.
If the reimbursement request for a Covered Loss is approved in whole or in part, Program Representatives will pay Property Owner the amount of the Covered Losses as calculated by the Program Representatives.
The process for such calculation of Covered Losses is described elsewhere in these Program Terms. Program Representatives will notify Property Owner of that calculation once it is complete and, as a condition of payment, Property Owner will be required to deliver to Program Representative an executed Damage Protection Payment Agreement in the form provided to Property Owner by Program Representative.
To the extent Furnished Finder reimburses any Covered Loss, Property Owner assigns to Furnished Finder any rights of recovery against any guest, renter, insurer, responsible party, or third party relating to such Covered Loss. Property Owner shall cooperate with Furnished Finder’s recovery efforts.
For Covered Losses to Eligible Property that is owned by a party other than Property Owner:
Program Representatives reserve the right, in their sole discretion, to pay all or a portion of the amount covered either to Property Owner or directly to the third party owner of such Eligible Property; and
If a payment for all or a portion of such amount is made directly to the third party owner of such Eligible Property, such payment will be deemed to have been paid to Property Owner directly, and Property Owner will be solely responsible for collecting from the owner of such Eligible Property any portion of such payment to which Property Owner believes they are legally entitled.
Indemnification obligations set out in these Program Terms herein also apply to any payments made directly to the owner of any Eligible Property.
Property Owner shall provide Furnished Finder with prompt written notice, no later than ten (10) business days after Property Owner brings, threatens to bring, or becomes aware of, any claim, demand, suit, arbitration, or other legal or administrative proceeding (a “Related Claim”) that arises from, relates to, or references the Program, a Guest Reservation, a Covered Loss, or Furnished Finder’s administration of the Program — regardless of whether the Related Claim, in whole or in part, involves a loss that is a Covered Loss or is otherwise eligible for reimbursement under these Program Terms, and regardless of whether the Related Claim is asserted against Furnished Finder, a Program Representative, a guest, tenant, renter, occupant, insurer, contractor, or other third party.
Furnished Finder shall have the right, but not the obligation, at its own expense and in its sole discretion, to monitor, associate in, or otherwise participate in the investigation, defense, or resolution of any Related Claim in order to protect its interests, including its interests under any contractual liability indemnity policy or other risk-transfer arrangement supporting the Program. Property Owner shall reasonably cooperate with Furnished Finder in connection with any such monitoring or participation, including by providing copies of pleadings, correspondence, and other relevant materials upon request.
Property Owner shall not take any position, make any admission, or enter into any settlement in connection with a Related Claim that purports to bind Furnished Finder, characterizes Furnished Finder’s conduct as a breach of these Program Terms, or otherwise adversely affects Furnished Finder’s rights or defenses, without Furnished Finder’s prior written consent.
Where Property Owner submits, or has submitted, a claim to any homeowners, landlord, dwelling, property, or liability insurance policy maintained by Property Owner (an “Owner Policy”) for the same or a related occurrence, loss, or Damage for which Property Owner has also submitted, or intends to submit, a reimbursement request under the Program, Property Owner shall promptly notify Furnished Finder — and in no event later than five (5) business days — of: (i) the submission of such claim; (ii) any coverage determination, acceptance, denial, reservation of rights, or partial payment issued by the Owner Policy’s insurer; and (iii) the amount and date of any payment received under the Owner Policy with respect to such occurrence, loss, or Damage.
Failure to provide the notice required under this Section G.4 may result in denial or reduction of reimbursement under the Program to the extent Furnished Finder is materially prejudiced thereby
The Program does not apply to:
1. Non Eligible Guest Reservation. Any loss, Damage, Bodily Injury, or other claim that does not arise from or occur during an eligible Guest Reservation, as defined in these Program Terms.
2. Pre-existing conditions. Any loss occurring prior to the effective date of the Program Agreement.
3. Losses outside the United States. Losses arising from or related to Damage or Bodily Injury which did not occur within the United States or its territories.
4. Fraudulent Reservations. Any losses arising from fraudulent, collusive, sham, non-arms-length, or fictitious reservations.
5. Wear and Tear. Ordinary wear and tear, deterioration, corrosion, fading, cosmetic damage, latent defect, inherent vice, or lack of maintenance.
6. Property Owner Misconduct or Negligence. Losses arising from Property Owner’s fraud, intentional misconduct, criminal conduct, gross negligence, material violation of these Program Terms, or, with respect to Bodily Injury or Damage claims, the sole negligence of Property Owner.
7. Property Maintenance. Losses resulting from unsafe conditions, code violations, deferred maintenance, or failure to maintain the Property.
8. Force Majeure. Losses arising from Force Majeure events.
9. Pollution / Hazardous Materials. Losses arising from pollutants, asbestos, lead, silica, mold, Hazardous Substances, or environmental contamination.
10. Hazardous Substances. Losses arising, either directly or indirectly, out of or relating to mold, mildew, fungus, spores, virus, bacterium, or other microorganism of any type, nature, or description, including but not limited to any substance whose presence poses an actual or potential threat to human health.
11. Communicable Disease. Losses arising from communicable disease transmission or exposure.
12. Intentional Acts / Assault. Losses arising from assault, battery, abuse, molestation, corporal punishment, or intentional acts intended to cause Bodily Injury, physical harm, or personal injury to any person.
13. Vehicles / Aircraft / Watercraft. Losses involving automobiles, aircraft, watercraft, hovercraft, or motorized vehicles, including medical payments, uninsured motorists, or personal injury protection.
14. Business Activities. Losses arising from or relating to commercial or business activities conducted from the Property that materially increase the risk of loss beyond ordinary residential occupancy. For the avoidance of doubt, this exclusion does not apply solely because a guest, tenant, renter, or occupant performs incidental remote work, office work, computer work, telecommuting, or similar activities from the Property.
15. Unauthorized Surveillance. Claims arising from undisclosed recording devices, surveillance devices, or privacy violations.
16. Controlled Substances. Losses arising from, caused or contributed to by the use, possession or sale of controlled substances, except certain direct Damage caused by a guest’s unauthorized use without Property Owner knowledge or participation.
17. Punitive Damages. Punitive, exemplary, multiplied, or statutory damages, fines, or penalties.
18. Excessive Use. Any amount related to excessive use of electricity, gas, fuel, water or other utilities provided for the Property.
19. Animals. Any amount related to injuries to animals, veterinary care, boarding, medications, and all other services associated with animals except for damage caused by pets as described in these Program Terms.
20. Defective Products. Losses arising from or related to defective products, including strict liability claims, product defects, product recalls, or service actions.
21. Alcohol-Related Claims. Losses arising from or caused or contributed to by the violations of alcohol-related statutes, ordinances, or regulations.
22. Employment and Statutory Benefits. Claims or obligations arising under workers’ compensation, disability benefits, unemployment compensation, employment, labor, or similar laws.
23. Identity Theft or Fraud. Any amount relating to or caused by the theft or fraudulent use of Property Owner’s identity or similarly fraudulent activities.
24. Personal and Advertising Injury. Claims arising from defamation, libel, slander, invasion of privacy, advertising injury, copyright, trade dress, trademark, slogan, title, or advertising idea infringement.
25. Related Party Claims. Claims brought by Property Owner against another participating owner, by one guest or renter against another guest or renter, or by any parent, subsidiary, affiliate, officer, director, employee, owner, or related entity of Property Owner, except to the extent Furnished Finder determines the claim is otherwise eligible under the Program.
26. Amounts Above Protection Limits. Any amount exceeding applicable Protection Limits or sublimits.
27. Association Loss Assessments. Loss assessments, charges, fines, fees, or penalties imposed by any homeowners association, condominium association, cooperative, property owners association, or similar entity.
28. Statutory and Warranty Claims. Claims arising from unfair sales practices, consumer protection laws, implied warranties, merchantability, fitness for a particular purpose, or similar statutory or warranty-based theories.
29. Insurance. Any loss that would otherwise require Furnished Finder to hold an insurance certificate of authority or maintain eligibility to transact insurance business to pay a claim hereunder.
30. Excluded Losses. Any loss otherwise excluded under Program documentation or applicable law.
Any amount paid to Property Owner under these Program Terms shall not exceed the applicable Protection Limits associated with the Program coverage tier purchased by Property Owner.
Covered Losses may be paid at their “Replacement Value,” which means the reasonable and necessary cost to repair, restore, rebuild, or replace damaged, destroyed, or stolen Eligible Property with materials or property of like kind, quality, functionality, and utility, without deduction for depreciation, subject to the applicable Protection Limits, deductibles, exclusions, and other Program Terms.
Program Representatives may determine Replacement Value using commercially reasonable valuation methodologies, including repair estimates, replacement cost estimates, market pricing, contractor estimates, receipts, invoices, appraisals, condition assessments, or other relevant information reasonably available at the time of claim evaluation.
Replacement Value shall not exceed the lesser of: (i) the actual cost reasonably necessary to repair or replace the Eligible Property; (ii) the applicable Protection Limits; or (iii) Property Owner’s insurable or ownership interest in the Eligible Property.
The amount of any Covered Losses payable under this Program, if any, will be reduced by the amount already paid to Property Owner or for Property Owner’s benefit for the same Covered Losses from a source other than this Program, including without limitation: (i) amounts received under an insurance policy, guarantee or indemnity; (ii) a security deposit; or (iii) payment directly by the Guest, or other party or an insurer or guarantor of such party.
Covered Losses will be paid in the currency of the United States of America.
Furnished Finder reserves the right to modify or terminate this Program, at any time, in its sole discretion. This includes modifying or terminating:
Program Terms,
Protection Limits,
deductibles,
exclusions,
eligibility requirements,
or Program Charges
Furnished Finder may suspend or terminate participation in the Program for (i) fraud or suspected fraud, (ii) Program abuse, (iii) repeated claims, (iv) material violations, (v) underwriting concerns, (vi) legal or regulatory reasons, or (vii) other reasonable business purposes.
If Furnished Finder terminates the Program or Property Owner’s participation in the Program, Furnished Finder will continue to process eligible reimbursement requests for Covered Losses arising from Guest Reservations or coverage periods accepted by Furnished Finder prior to the effective date of termination, provided that the underlying Damage or Bodily Injury occurs during the applicable coverage period and the applicable Program Charge has been paid.
In addition to and without limiting Furnished Finder’s rights, Furnished Finder reserves the right to modify or terminate these Program Terms generally or in any jurisdiction, at any time, in its sole discretion, on Reasonable Notice if: (i) these Program Terms are construed to be an offer to insure or constitute insurance or an insurance contract or insurance service agreement by any governmental or regulatory authority in any jurisdiction; (ii) Furnished Finder is required to obtain an authorization, license or permit of any kind to continue to provide these Program Terms in any jurisdiction; (iii) Furnished Finder determines or a court or arbitrator holds that the provisions of these Program Terms violate applicable law; or (iv) any insurance policy, contractual liability indemnity policy, or other risk transfer arrangement maintained by Furnished Finder to support its obligations under the Program is cancelled, terminated, nonrenewed, materially modified, or otherwise ceases to provide coverage or protection that Furnished Finder, in its reasonable discretion, determines is necessary to continue offering the Program.
If Furnished Finder modifies or terminates these Program Terms in accordance with the foregoing, it will process all Program reimbursements that Property Owner files prior to or as of the effective date of such modification or termination unless such processing is prohibited by law, regulation, ordinance, order, or decree of a governmental or other authority.
“Reasonable Notice” means notice provided electronically, through the Furnished Finder Platform, or by email at least thirty (30) days before the effective date of the applicable modification or termination, unless a shorter period is required by law or regulatory action.
These Program Terms, the Program, and any dispute, claim, controversy, or cause of action arising out of or relating to the Program, the Furnished Finder Platform, the Listing Agreement, or these Program Terms (collectively, “Disputes”) shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles.
Before initiating arbitration or any legal proceeding, the party asserting a Dispute must first provide written notice of the Dispute to the other party, including:
the claimant’s name and contact information;
a description of the nature and basis of the Dispute;
the specific relief sought; and
supporting documentation reasonably sufficient to evaluate the Dispute.
The parties shall attempt in good faith to resolve the Dispute informally for a period of at least sixty (60) days before commencing arbitration or litigation.
Compliance with this Section is a condition precedent to initiating arbitration or any legal proceeding.
Except as expressly provided in these Program Terms or required by applicable law, all Disputes shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, except to the extent modified by these Program Terms.
The arbitration shall be conducted before a single arbitrator unless otherwise required by applicable law. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof.
The seat and venue of arbitration shall be Austin, Texas, unless otherwise agreed by the parties. All arbitration fees and administrative expenses charged by the AAA shall be borne equally by the parties, unless otherwise required by applicable law or ordered by the arbitrator. Each party shall bear its own attorneys’ fees, expert fees, witness fees, and all other costs incurred in the preparation and presentation of its case, unless otherwise required by applicable law or expressly awarded by the arbitrator.
The arbitrator shall have exclusive authority to resolve all disputes relating to the interpretation, applicability, enforceability, arbitrability, formation, scope, or validity of these Program Terms and this arbitration provision, including any claim that all or any portion of this arbitration provision is void or voidable.
The arbitrator shall have no authority to award punitive, exemplary, or treble damages, except to the extent such damages are expressly permitted by applicable law and cannot lawfully be waived.
If more than one Property Owner is involved in the same Dispute arising out of the same Covered Loss or claim, such Property Owners shall constitute and act as one party for purposes of the arbitration, unless otherwise required by applicable law. Nothing in this Section shall impair the rights of the parties to assert several, rather than joint, claims or defenses.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL DISPUTES MUST BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY, AND NOT AS:
A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION;
A REPRESENTATIVE ACTION;
A PRIVATE ATTORNEY GENERAL ACTION;
A COLLECTIVE ACTION;
OR ANY OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING.
THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, MASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION.
The arbitrator may award relief only on an individual basis and only to the extent necessary to resolve the individual claimant’s Dispute.
The arbitrator may not consolidate claims, join multiple claimants, preside over any representative proceeding, or award relief to any person or entity not a party to the arbitration.
To the maximum extent permitted by law, the parties agree that mass arbitration filings, coordinated arbitration filings, or multiple substantially similar arbitration demands create substantial inefficiencies and unfair burdens inconsistent with the purposes of arbitration.
Accordingly:
(a) claims filed by or with the assistance of the same law firm, group of law firms, or organizations, involving common or substantially similar legal or factual allegations, shall be deemed “Mass Arbitration Claims”;
(b) Mass Arbitration Claims shall not proceed simultaneously or collectively except as expressly permitted herein;
(c) counsel for claimants and Furnished Finder shall each select ten (10) claims to proceed initially as bellwether arbitrations;
(d) all remaining claims shall be stayed pending resolution of the initial bellwether proceedings;
(e) the results of bellwether proceedings shall not have preclusive effect on any remaining claims unless otherwise agreed;
(f) after completion of the bellwether proceedings, the parties shall participate in good faith mediation before any additional claims proceed; and
(g) if this Section is determined unenforceable as to a particular claim, such claim shall proceed exclusively in the state or federal courts located in Delaware, and not in arbitration.
All arbitration proceedings, submissions, discovery, testimony, rulings, and awards shall remain confidential except as necessary to enforce an award, as required by law, or as reasonably necessary for insurance, regulatory, accounting, financing, or legal compliance purposes.
The parties agree that arbitration proceedings may be conducted remotely by video conference, telephonically, or through written submissions, at the arbitrator’s discretion.
Any Dispute must be initiated within one (1) year after the events giving rise to the Dispute first occurred or were discovered, or reasonably should have been discovered, or such claim shall be permanently barred to the fullest extent permitted by law.
Nothing in these Program Terms shall prevent Furnished Finder from seeking temporary restraining orders, preliminary injunctions, equitable relief, or other remedies necessary to protect confidential information, preserve the Furnished Finder Platform integrity, prevent fraud, enforce intellectual property rights, or prevent abuse of the Program.
Such relief may be sought in any court of competent jurisdiction without waiving arbitration rights.
Except as provided in Section 6 above, if any portion of this arbitration provision is found unenforceable, the remaining portions shall remain in full force and effect.
If the class action waiver or mass arbitration waiver is found unenforceable as to any claim, then such claim shall proceed exclusively in state or federal court in Delaware and not in arbitration.
Property Owner agrees to release, defend, indemnify, and hold harmless Furnished Finder, its parents, affiliates, subsidiaries, insurers, Program Representatives, successors, assigns, and each of their respective officers, directors, employees, contractors, owners, agents, representatives, and service providers (collectively, the “Furnished Finder Parties”) from and against any and all claims, demands, disputes, liabilities, damages, judgments, settlements, penalties, fines, losses, costs, and expenses of any kind, including reasonable attorneys’ fees, expert fees, and accounting fees (collectively, “Claims”), arising out of or relating in any way to:
(a) the Optional Protection Program, these Program Terms, the Listing Agreement, or Property Owner’s participation in the Program;
(b) any act, omission, negligence, misconduct, fraud, criminal conduct, intentional wrongdoing, breach of contract, or violation of applicable law by Property Owner or any person acting on Property Owner’s behalf;
(c) the condition, maintenance, repair, occupancy, rental, management, operation, supervision, control, or use of the Property;
(d) any Bodily Injury, Damage, accident, or loss occurring: (i) at or in connection with the Property outside an eligible Guest Reservation; or (ii) outside the scope of Covered Losses eligible under the Program;
(e) any loss, Damage, liability, or expense arising from unsafe, hazardous, uninhabitable, or improperly maintained conditions, code violations, deferred maintenance, violations of local ordinances, HOA rules, lease restrictions, or governmental requirements, Property Owner’s failure to comply with Furnished Finder policies, safety requirements, maintenance directives, Program requirements, or Force Majeure events;
(f) any dispute between Property Owner and any guest or renter; any property owner, landlord, tenant, or occupant; any homeowners association or condominium association; any insurer; any governmental authority; or any other third party;
(g) any amount, liability, Damage, loss, judgment, settlement, or expense exceeding the applicable Protection Limits or otherwise excluded from coverage under the Program; or
(h) any claim arising from or relating to Property Owner’s failure to obtain any required authorization, license, consent, permit, approval, or insurance relating to the Property or participation in the Program.
The foregoing indemnification obligations shall not apply to the extent a Claim is finally determined by a court of competent jurisdiction or arbitrator to have been caused solely and directly by the gross negligence, fraud, or willful misconduct of a Furnished Finder Party; provided, that Furnished Finder shall not be responsible for any accusation or finding by any party that this Program Addendum constitutes the transaction of insurance.
Furnished Finder shall have the right to control the defense and settlement of any Claim subject to indemnification under this Section.
If Property Owner rents, leases, manages, or otherwise operates a Property that Property Owner does not own, Property Owner represents and warrants that Property Owner has obtained all necessary rights, licenses, authorizations, approvals, and permissions required to list the Property on the Furnished Finder Platform, participate in the Program, and comply with these Program Terms.
Property Owner further represents and warrants that: (i) each Guest Reservation subject to the Program shall be for a rental term of not less than thirty (30) consecutive days; and (ii) each Guest Reservation shall be accompanied by a valid written lease agreement, rental agreement, occupancy agreement, or similar written contract executed between Property Owner and the applicable tenant, renter, or occupant.
Property Owner is solely responsible for complying with the scope of any such permissions, lease restrictions, HOA requirements, condominium rules, mortgage requirements, insurance obligations, and applicable laws or regulations relating to the Property.
Property Owner is solely responsible for ensuring that participation in the Program does not violate any insurance policy applicable to the Property.
These Program Terms, together with the Listing Agreement and any documents incorporated herein by reference, constitute the complete and exclusive agreement between Furnished Finder and Property Owner regarding the Program and supersede all prior or contemporaneous oral or written understandings, communications, representations, or agreements relating to the Program.
Property Owner may not assign, delegate, transfer, or sublicense any rights or obligations under these Program Terms, whether by operation of law or otherwise, without Furnished Finder’s prior written consent. Any attempted assignment or transfer in violation of this Section shall be null and void.
Furnished Finder may assign, transfer, delegate, subcontract, or otherwise convey these Program Terms or any rights or obligations hereunder, in whole or in part, at any time without restriction.
Subject to the foregoing, these Program Terms shall bind and inure to the benefit of the parties and their respective permitted successors and assigns.
Unless otherwise required by applicable law, any notices or communications permitted or required under these Program Terms may be delivered by Furnished Finder via email, through the Furnished Finder Platform, by SMS or text message, through in-platform messaging, or by any other contact method provided by Property Owner. Property Owner consents to receive all communications electronically.
Property Owner is solely responsible for maintaining accurate and current contact information associated with the Property Owner account. Notices shall be deemed received on the date transmitted by Furnished Finder.
Furnished Finder’s failure to enforce any right, provision, remedy, or requirement under these Program Terms shall not constitute a waiver of any future enforcement of such right, provision, remedy, or requirement. Any waiver by Furnished Finder must be in writing and signed by an authorized representative of Furnished Finder.
Except as expressly stated otherwise in these Program Terms, all rights and remedies of Furnished Finder under these Program Terms are cumulative and in addition to any other rights or remedies available at law, in equity, or otherwise. The exercise of any right or remedy shall not limit or prejudice any other right or remedy available to Furnished Finder.
If any provision of these Program Terms is determined by an arbitrator or court of competent jurisdiction to be invalid, illegal, unenforceable, or void, such provision shall be modified and enforced to the maximum extent permitted by applicable law.
The remaining provisions of these Program Terms shall remain in full force and effect.