Terms of Service Agreement Form

02/20/15 PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

IN PARTICULAR, HOSTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO HOST PAYING GUESTS FOR SHORT PERIODS. THESE LAWS ARE OFTEN PART OF A CITY’S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING GUESTS. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. HOSTS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A SPACE ON Airbnb.com, tripadvisor.com or vrbo.com. USOpenLodging.com (Olive Group, LLC) is not a booking site, but solely an advertising medium and claims no responsibility for the validity of the content provided to us.

USOpenLodging.com (Olive Group, LLC) is a listing site only. We make no guarantees of any listing information or details. We strive to make sure your listing is proper and up to date, but mistakes can be made. We take no responsibility for the listing once it is booked through either Airbnb.com, tripadvisor.com or vrbo.com. We simply advertise your listing and promote your listing. All we ask for is that you agree to pay us a 10% finders charge once your listing has been booked, if the person found you through one of our advertising mediums. Otherwise, we reserve the right to charge you $75 per hour for the services we've provided you.

USOpenLodging.com (Olive Group, LLC) may provide the service of listing your site on aribnb.com, tripadvisor.com or vrbo.com for you. This is a service we provide free of charge, as long as if your listing is booked, we may charge you 10% of the booking price. We may help you list your home, room or mansion in your profile account at airbnb.com, tripadvisor.com or vrbo.com or in our profile account at airbnb.com, tripadvisor.com or vrbo.com. Either way, you must abide by the terms of that booking site, be it airbnb.com, tripadvisor.com or vrbo.com. If your listing is booked through our profile on one of the 3 above booking sites, funds will be deposited into our account and provided to you, minus the 10% fee. If the listing is booked through your profile account, you must provide us the 10% finders charge within 15 days of payment. Because we have no way of verifying your listing is booked through your profile account, funds would be transferred to Olive Group LLC on the honor system.

USOpenLodging.com (Olive Group, LLC) reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site . We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO ADVERTISE LODGING OPTIONS. USOpenLodging.com (Olive Group, LLC) CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. USOpenLodging.com (Olive Group, LLC) IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK WITH THE BOOKING COMPANY AND HAS NOTHING TO DO WITH USOpenLodging.com - (Olive Group LLC).

USOpenLodging.com (Olive Group, LLC) does not endorse any Member or any Accommodation. You understand that Verified Images are intended only to indicate a photographic representation of the Accommodation at the time the photograph was taken.

By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from USOpenLodging.com (Olive Group, LLC) with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members regarding any bookings or Listings made by you at their site. We simply advertise your listing, that is all. This limitation shall not apply to any claim by a Host against USOpenLodging.com (Olive Group, LLC) regarding the remittance of payments received from a Guest by USOpenLodging.com (Olive Group, LLC) on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

Whether you are a Guest of Host, you agree that any claim or cause of action relating to collection and remittance of Taxes shall not extend to any supplier or vendor that may be used by USOpenLodging.com (Olive Group, LLC) in connection with collection and remittance of Occupancy Taxes, if any. You are responsible for all tax obligations in accordance with the laws in your state.

Hosts agree to cooperate with and assist USOpenLodging.com (Olive Group, LLC) in good faith.

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. You agree that any disputes, issues, problems, lawsuits or agreements with any other 3rd party does not include Olive Group LLC or USOpenLodging.com (Olive Group, LLC).com and all resolutions to claims monetarily or otherwise will be handled through the booking agency. Olive Group LLC - USOpenLodging.com (Olive Group, LLC).com takes no responsibility for any terms beyond the scope of simply advertising your listing with the information you've provided.

Links
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that USOpenLodging.com (Olive Group, LLC) is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by USOpenLodging.com (Olive Group, LLC) of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT USOpenLodging.com (Olive Group, LLC) DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY LISTING PROVIDER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, USOpenLodging.com (Olive Group, LLC) EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE with any of the booking companies including airbnb.com, tripadvisor.com or vrbo.com. USOpenLodging.com (Olive Group, LLC) MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. USOpenLodging.com (Olive Group, LLC) MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM USOpenLodging.com (Olive Group, LLC) OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS ON THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT USOpenLodging.com (Olive Group, LLC) DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. USOpenLodging.com (Olive Group, LLC) MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHERS, OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY USOpenLodging.com (Olive Group, LLC). USOpenLodging.com (Olive Group, LLC) EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.

Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE OR SERVICES AND COLLECTIVE CONTENT AND ANY CONTACT YOU HAVE WITH OTHER USERS OF USOpenLodging.com (Olive Group, LLC) WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER USOpenLodging.com (Olive Group, LLC) NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT USOpenLodging.com (Olive Group, LLC) HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL USOpenLodging.com (Olive Group, LLC)’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA ONE OF THE BOOKING SITES, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY ACCOMMODATION.

Indemnification
You agree to release, defend, indemnify, and hold USOpenLodging.com (Olive Group, LLC) and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Listing Content; (c) your (i) interaction with any user; (ii) booking of an Accommodation, or (iii) creation of a Listing; (d) the use, condition or rental of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Accommodation.

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