Last Revised: June 21, 2023

Platform Terms of Use

1. APPLICATION OF THIS TERMS OF USE

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 Pioneer Properties, Inc. 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

2. PRIVACY POLICY

Besides this Terms of Use, we also publish a Privacy Policy. 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.

3. ACCESSING THE FURNISHED FINDER PLATFORM

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.

4. FURNISHED FINDER NOT A PARTY TO ANY TRANSACTION

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.

5. REVIEW POLICY

Reviews are an important part of our user experience as they serve as a self-regulated system of checks and balances, and exist for the protection of 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.

6. INTELLECTUAL PROPERTY RIGHTS

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.

7. TRADEMARKS

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.

8. YOUR COMMUNICATIONS USING THE FURNISHED FINDER PLATFORM

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.

9. ELECTRONIC COMMUNICATIONS

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

10. PERMITTED AND PROHIBITED USES

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.

11. USER CONTRIBUTIONS

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.

12. CONTENT STANDARDS

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

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with 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.
13. MONITORING AND ENFORCEMENT; TERMINATION

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.

14. RELIANCE ON INFORMATION POSTED

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.

15. LINKING TO/FROM THE FURNISHED FINDER PLATFORM
15.1. Linking to the Furnished Finder Platform and Social Media Features

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.

15.2 Third-Party Links from the Furnished Finder Platform

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.

16. APP STORES

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.

17. FEDERAL AND STATE LAWS

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.

18. MINIMUM AGE

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.

19. DISCLAIMER OF WARRANTIES

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.

20. LIMITATION ON LIABILITY

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.

21. INDEMNIFICATION

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 officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your 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.

22. GENERAL RELEASE

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.

23. COPYRIGHT COMPLAINTS

Furnished Finder takes claims of copyright infringement seriously. Furnished Finder will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide our copyright agent with the following information:

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

Furnished Finder’s designated copyright agent can be reached as follows: to receive DMCA Notices is:

NAME: DMCA Agent
Pioneer Properties, Inc.
ADDRESS: PO Box 30374
Austin, Texas 78755
EMAIL: support@furnishedfinder.com

24. INJUNCTIVE RELIEF

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.

25. MANDATORY CLASS ACTION AND JURY TRIAL WAIVER

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.

26. LIMITATION ON TIME TO FILE CLAIMS

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.

27. OTHER TERMS

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..

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.

28. QUESTIONS

If you have any questions or comments about this Terms of Use or the Furnished Finder Platform, please contact us by emailing us at support@furnishedfinder.com.

Last Revised: June 21, 2023

Property Listing

Terms and Conditions

This Property Listing Terms and Conditions (the “Terms and Conditions”) sets forth the terms and conditions governing the relationship between the property owner or landlord (“Property Owner”) identified in the applicable subscription, listing agreement, sales order or other services agreement referencing these Terms and Conditions (the “Listing Agreement”) and Pioneer Properties, Inc. doing business as Furnished Finder (“Furnished Finder”) relating to Property Owner’s use of the Furnished Finder Platform for the purpose of listing of short term rental properties (“Property(ies)”) on the Furnished Finder Platform and carrying out activities related to the listing and rental of such Properties. These Terms and Conditions and the Listing Agreement shall collectively be referred to as the “Agreement.” Any term not defined herein shall have the meaning set forth in the Furnished Finder Platform Terms of Use.

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

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

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

1. SERVICES

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

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

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

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

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

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

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

2. PROPERTY OWNER OBLIGATIONS AND RESPONSIBILITIES

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

2.2 Property Listings. All Property listings on the Furnished Finder Platform are the sole responsibility of Property Owner. Furnished Finder specifically disclaims any and all liability arising from the alleged accuracy of the listings, reviews, or any alleged breaches of contract on a Traveler’s part. Property Owner acknowledges and agrees that Property listings will at all times be accurate, and that Property Owner is solely responsible for maintaining up-to-date Property information on the Furnished Finder Platform. Such information includes, but is not limited to, any and all representations about any Property, its amenities, location, price, and its availability for a specific date or range of dates. Furnished Finder may from time to time provide or facilitate services to Property Owner to create or improve the quality of their Property listings. Furnished Finder also may from time to time create new or otherwise change the location or geographic descriptions it uses to identify Properties in their listings and search results. Consequently, Furnished Finder may change the location or geographic description associated with any Property listing at any time without notice. Furnished Finder assumes no responsibility to verify Property listing content or the accuracy of the location. Property Owner agrees to promptly correct or contact Furnished Finder to correct any inaccuracy. Furnished Finder may suspend and remove a Property listing on the Furnished Finder Platform if Property Owner fails to comply with the terms of this Section, including if Property Owner fails to set the availability of a Property on the Furnished Finder Platform for a period of ninety (90) days.

2.3 License and Rights Granted to Furnished Finder.

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

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

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

2.4 Limitations on Communications and Use of Travelers’ Information

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

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

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

2.5 Translations and Maps. If any Property Owner content is translated for display on the Furnished Finder Platform or any site of any 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

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

3. FEES AND PAYMENT TERMS

3.1 Fees. Property Owner shall pay Furnished Apartments the fees and expenses set forth in the applicable order between Property Owner and Furnished Apartments. Unless otherwise agreed to, a 12-month subscription is $149, 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 $99 for a 12-month term. Mid-term purchases are prorated accordingly. Property Owners of Hotels and apartment complexes can purchase listings for $750 for a 12-month term. All extra units, as described above, for hotels and apartment complexes are included. All fees are non-refundable.

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

3.3 Subscription Terms.

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

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

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

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

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

4. ADDITIONAL TERMS AND CONDITIONS

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

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

4.3 Photographs.

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

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

4.4 Uses of Trademarks, Names or Logos.

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

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

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

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

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

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

4.7 Payments Between Property Owners and Travelers.Furnished Finder is not a party to any payment transaction between Property Owner and Travelers, even if it receives a commission in connection with any payment transaction. Property Owner may not request any Traveler to mail cash, or utilize any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a Property rental transaction. Any violation of this term or any other unacceptable payment methods that may be posted on the Furnished Finder Platform may result in the immediate removal of the non-conforming listing from the Furnished Finder Platform without notice to the Property Owner and without refund.

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

5. RELATIONSHIP OF THE PARTIES

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

6. REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS

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

6.2 Furnished Finder Disclaimers

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

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

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

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

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

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

7. INDEMNIFICATION

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

8. LIMITATION OF LIABILITY

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

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

9. TERM AND TERMINATION

9.1 Term. Unless earlier terminated in accordance with these Terms and Conditions, the Agreement will continue in effect for the period set forth in the applicable Listing Agreement.

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

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

10. FORCE MAJUERE

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

11. ASSIGNMENT

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

12. GOVERNING LAW AND DISPUTE RESOLUTION

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

13. MISCELLANEOUS

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

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

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

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

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

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

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