Terms of Use

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

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

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

1.4 Traveler Ratings. Property Owner acknowledges that the Furnished Finder Platform is intended to refer Travelers only to those Property Owners who maintain the highest standards of professionalism and quality of service. Property Owner acknowledges that Travelers may rate and review a Property Owner at any time. Property Owner agrees to maintain high standards of professionalism, quality and service, including maintaining a Traveler rating at or above the minimum rating established by Furnished Finder for access to the Furnished Finder Platform, as modified from time to time.

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

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

2.2 Property Listings. All Property listings on the Furnished Finder Platform are the sole responsibility of the Property Owner, and Furnished Finder specifically disclaims any and all liability arising from the alleged accuracy of the listings, reviews, or any alleged breaches of contract on a Traveler's part. Property Owners are solely responsible for keeping their property information up-to-date on the Furnished Finder Platform, including, but not limited to any and all representations about any Property, its amenities, location, price, and its availability for a specific date or range of dates. Furnished Finder does not represent or warrant that any of the copy, content, property reviews, guest book entries, property location, suitability, pricing or availability information published on the 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. Furnished Finder may from time to time provide or facilitate services to Property Owners to create or improve the quality of their Property listings. Furnished Finder also may from time to time create new or otherwise change the location or geographic descriptions it uses to identify Properties in their listings and search results. Consequently, Furnished Finder may change the location or geographic description associated with any Property listing at any time without notice. However, Furnished Finder assumes no responsibility to verify Property listing content or the accuracy of the location. Property Owners are solely responsible for ensuring the accuracy of location, geographic and other content and location or geographic descriptions and agree to promptly correct (or contact Furnished Finder to correct) any inaccuracy.

2.3 License and Rights Granted to Furnished Finder.

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

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

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

2.4 Limitations on Communications and Use of Travelers’ Information

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

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

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

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

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

3.1 Fees. Property Owner authorizes Furnished Finder to charge the fees and expenses set forth in the applicable order between Property Owner and Furnished Finder. Unless otherwise agreed to, a 12-month subscription is $99, which auto renews at the end of the subscription term. Property Owners frequently have multiple spaces to rent at one Property. Property Owners may purchase extra units (which provide unique calendars, descriptions, unit name, and images) for $36 for a 12-month term. Mid-term purchases are prorated accordingly. Property Owners of hotels and apartment complexes can purchase listings for $250 for a 12-month term, or $150 for a 6-month trial. All extra units, as described above, for hotels and apartment complexes are included.

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

If Property Owner does not turn off auto-renewal, Property Owner re-affirms and authorizes Furnished Finder to charge the credit card at the end of each subscription term for an additional term of the same duration as the initial term and at the then-current non-promotional subscription rate for the same product or service. Furnished Finder intends to send reminder emails, prior to the expiration of the term, with regard to the subscription end date and automatic renewal.

3.3 Subscription Terms/Refunds.

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

(b) Refunds. Generally, no refunds are available after a listing is created. In the event Property Owner purchases a subscription for a listing but does not complete the creation of the listing or the listing does not get posted after purchase for any other reason, and the Property Owner has not received any traveler's personal information delivered to their dashboard, refund requests will be considered only during the first three (3) days following the purchase date. If after such three (3) day period Property Owner does not complete the creation of the listing, or the Property Owner does not complete the verification process, Property Owner shall not be entitled to any refund. If the subscription is renewed, or if the subscription automatically renews under its terms of the subscription, the listing will remain online for the entire subscription period without refund. No refunds are provided after a listing renews. If Property Owner sells the Property and no longer wishes for the listing to remain online, Furnished Finder should be contacted so the listing can be removed; however, no refund will be owed or provided.

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

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

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

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

4.2 Content, Layout and Copy

4.3 Photographs.

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

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

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

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

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

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

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

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

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

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

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

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

6.2 Furnished Finder Disclaimers

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

FURNISHED FINDER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

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

PROPERTY OWNER ACKNOWLEDGES AND AGREES THAT IT WILL NOT HOLD OR SEEK TO HOLD FURNISHED FINDER OR ANY THIRD-PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND PROPERTY OWNER FURTHER ACKNOWLEDGE SAND AGREES 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. PROPERTY OWNER SHOULD TAKE REASONABLE PRECAUTIONS WHEN ENTERING INTO ANY TRANSACTION.

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

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

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

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

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

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

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

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

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

12.2 Dispute Resolution

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

(b) If a dispute arises under, or in connection with, this Agreement which cannot be resolved by the parties through negotiation within 30 days, the parties agree to engage in mediation in Denver, Colorado before a mutually agreed upon mediator. If the parties cannot agree upon a mediator within 14 days, the parties agree to request appointment of a mediator by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration or some other dispute resolution procedure.

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

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

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

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

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

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

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

14.7 Attorneys' Fees. 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 court costs from the non-prevailing party.

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

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