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Ownership

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Oaks and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.

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Application License

Subject to your compliance with these Terms, Oaks grants you a limited non-exclusive, nontransferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application

1. on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and

2. as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Oaks reserves all rights in the Application not expressly granted to you by these Terms.

Oaks Content and user Content License

Subject to your compliance with the terms and conditions of these Terms, Oaks grants you a
limited, non-exclusive, non-transferable license, to

1. access and view any Oaks Content solely for your personal and non-commercial purposes and

2. access and view any user Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sub license the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Oaks or its licensors, except for the licenses and rights expressly granted in these Terms.

User Content

We may, in our sole discretion, permit users to post, upload, publish, submit or transmit user Content. By making available any user Content on or through the Site, Application and Services, you hereby grant to Oaks a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sub license, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such user Content on, through, or by means of the Site, Application and Services. Oaks does not claim any ownership rights in any such user Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such user Content.

You acknowledge and agree that you are solely responsible for all user Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that:

1. you either are the sole and exclusive owner of all user Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Oaks the rights in such user Content, as contemplated under these Terms; and

2. neither the user Content nor your posting, uploading, publication, submission or transmittal of the user Content or Oaks’s use of the user Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Links

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Oaks is not responsible or liable for:

1. the availability or accuracy of such websites or resources; or

2. 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 Oaks 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.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Oaks used herein are trademarks or registered trademarks of Oaks. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at cs@welcomeoaks.com . You acknowledge and agree that all Feedback will be the sole and exclusive property of Oaks and you hereby irrevocably assign to Oaks and agree to irrevocably assign to Oaks all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Oaks’s request and expense, you will execute documents and take such further acts as Oaks may reasonably request to assist Oaks to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Policy

Oaks respects copyright law and expects its users to do the same. It is Oaks’s policy to terminate in appropriate circumstances the Oaks Accounts of users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Please see Oaks’s Copyright Policy at www.welcomeoaks.com/terms-of-service, for further information.

Termination and Oaks Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time:
(a) terminate these Terms or your access to our Site, Application and Services, and
(b) deactivate or cancel your Oaks Account. Upon termination, we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Oaks terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your Oaks Account you will remain liable for all amounts due here under. You may cancel your Oaks Account at any time via the “Cancel Account” feature of the Services or by sending an email to cs@welcomeoaks.com. Please note that if your Oaks Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.

Disclaimers

IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT OAKS DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, VISITORS AND PARTNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, OAKS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. OAKS MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY VACANCIES, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. OAKS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, VACANCIES, YOUR ACCRUAL OF OAKS TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OAKS 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 WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PARTNERS OR VISITORS. YOU UNDERSTAND THAT OAKS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY VACANCIES. OAKS 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 OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, VISITORS AND PARTNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY OAKS.

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, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR VISITING OF ANY VACANCIES VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF OAKS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER OAKS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM 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, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR VISITING OF ANY VACANCY VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OAKS 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. EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE PARTNERS PURSUANT TO AN APPROVED PAYMENT REQUEST UNDER THE OAKS PARTNER GUARANTEE, IN NO EVENT WILL OAKS’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 VISITING OF ANY VACANCY VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY VACANCY OR INTERACTIONS WITH ANY OTHER USERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR VISITING VIA THE SITE, APPLICATION AND SERVICES AS A VISITOR IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A PARTNER, THE AMOUNTS PAID BY OAKS TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OAKS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to release, defend, indemnify, and hold Oaks 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

1. your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms;

2. your user Content;

3. your

   1. (i)interaction with any user,

   2. (ii) Visiting of an Vacancy,

   3. (iii) creation of a Listing or

   4. (iv) the use, condition or rental of an Vacancy 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, Visiting or use of a Vacancy and

4. your participation in the Referral Program or your accrual of any Oaks Travel Credits.

Export Control and Restricted Countries

You may not use, export, re-export, import, or transfer the Application except as authorized by
United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or reexported:

(a) into any United States embargoed countries; or
(b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Site, Application and Services, you represent and warrant that
(i) neither you nor your listed Vacancy is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Oaks does not permit Listings associated with certain countries due to U.S. embargo restrictions.

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Accessing and Downloading the Application from iTunes

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The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):

You acknowledge and agree that
(i) these Terms are concluded between you and Oaks only, and not Apple, and
(ii) Oaks, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

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In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application.

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As between Oaks and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Oaks. You and Oaks acknowledge that, as between Oaks and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced.

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Application or your possession and use of the App Store Sourced Application, including, but not limited to:

1. product liability claims;

2. any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and

3. claims arising under consumer protection or similar legislation.

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You and Oaks acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Oaks and Apple, Oaks, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

You and Oaks acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof. Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

Reporting Misconduct

If you stay with or Partner anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who

1. engages in offensive, violent or sexually inappropriate behavior,

2. you suspect of stealing from you, or

3. engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Oaks by contacting us with your police station and report number at cs@welcomeoaks.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Oaks and you regarding the Site, Application, Services, Collective Content, Referral Program, and any Visiting or Listings of Vacancies made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Oaks and you regarding Visiting or listings of Vacancies, the Site, Application, Services, Collective Content and Referral Program. Assignment You may not assign or transfer these Terms, by operation of law or otherwise, without Oaks’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Oaks may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Oaks

1. via email (in each case to the address that you provide) or

2. by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. General The failure of Oaks to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Oaks. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting Oaks

If you have any questions about these Terms or any App Store Sourced Application, please contact Oaks at cs@welcomeoaks.com.

Privacy Policy

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This is the privacy policy of http://www.welcomeoaks.com . and will be referred to as “We”, “our” and “us” in this Internet Privacy Policy. By using this site, you agree to the Internet Privacy Policy of this web site (“the web site”), which is set out on this web site page.

We reserve the right, at our discretion, to modify or remove portions of this Internet Privacy Policy at any time. This Internet Privacy Policy is in addition to any other terms and conditions applicable to the web site. We do not make any representations about third party web sites that may be linked to the web site.

We recognize the importance of protecting the privacy of information collected about visitors to our web site, in, particular information that is capable of identifying an individual (“personal information”). This Internet Privacy Policy governs the manner in which your personal information, obtained through the web site, will be dealt with.

This Internet Privacy Policy should be reviewed periodically so that you are updated on any changes. We welcome your comments and feedback.

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Personal Information

Personal information about visitors to our site is collected or stored only when knowingly and voluntarily submitted. For example, we may need to collect such information to provide you with further services or to answer or forward any requests or inquiries. It is our intention that this policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws.

Use of Information

Personal information that visitors submit to our site is used only for the purpose for which it is submitted or for such other secondary purposes that are related to the primary purpose, unless we disclose other uses in this Internet Privacy Policy or at the time of collection. Copies of correspondence sent from the web site, that may contain personal information, are stored as archives for record-keeping and back-up purposes only. Information such as email addresses or any other personal information is never sold, traded or given away.

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Oaks Partner Guarantee Terms

Oaks Labs, Inc. (hereafter referred to as “Oaks”, “we”, “us”, or “our”) provides an online platform that connects Partners who have rental vacancies for rent with renters seeking to rent such vacancies (collectively, the “Services”), which Services are accessible at www.welcomeoaks.com and any other websites through which Oaks makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”).

Whether, as a Partner (defined below) you have posted a single Listing (defined below) on one Oaks website or one hundred Listings on multiple Oaks websites, you may benefit from the Oaks Partner guarantee program (“Oaks Partner Guarantee”), the terms, limitations and conditions for which are set forth below (the “Oaks Partner Guarantee Terms”) if the payments associated with the rental of a Covered Vacancies (defined below) booked by a Visitor (defined below) through the Site, Application or Services are handled by Oaks. Please read these Oaks Partner Guarantee Terms carefully.

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YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR OTHERWISE USING THE SITE, APPLICATION OR SERVICES AS A PARTNER, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE OAKS PARTNER GUARANTEE TERMS. YOU ALSO AGREE AS THE LESSEE TO REMIT SALES TAX ON LOCKBOXES.

If you accept or agree to these Oaks Partner Guarantee Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Oaks Partner Guarantee Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

These Oaks Partner Guarantee Terms will be deemed to be a commercial guarantee in connection with the Services provided by Oaks under the Oaks Terms of Service www.welcomeoaks.com/terms-of-service. Except as permitted by law, these Oaks Partner Guarantee Terms do not affect your statutory rights. If you would like a written copy of these Oaks Partner Guarantee Terms, please contact Oaks at cs@welcomeoaks.com.

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Key Terms

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“Vacancies” means residential or other property.

“Covered Vacancies” means and is limited to a Vacancy that is included in a Listing that you created or control.

“Covered Vacancy Properties” means and is limited to the following items of tangible property that are either owned by you or for which you are legally responsible:
(a) flooring (including carpets) and walls (including windows and doors);
(b) appliances

“Covered Losses” means actual physical losses or damages to Covered Property physically situated on, at or in a Covered Vacancies as a result of Theft, Vandalism or Gross Negligence by a Responsible visitor.

“Covered Property” means, collectively, Covered Vacancy Property.

“Gross Negligence” means a reckless, conscious and voluntary disregard of the need to use reasonable care, which has caused foreseeable injury or harm to persons, property, or both.

“Excluded Property” means

1. jewelry (including watches, rings, necklaces and other articles which reasonably could be considered an item of jewelry),

2. collections and collectables (such as coin, baseball card, comic, book, magazine, doll, ceramic, pottery, dish and glass/crystal, dress/clothing, or any other property that is a part of a collection),

3. works of art (including painting, posters and sculptures) or photographs, and antiques in each case which are received as a gift or donation,

4. motor vehicles (including, without limitation, automobiles, scooters, vespas, and motorcycles), watercraft (including, without limitation, boats, yachts, jet skis and similar craft),

5. furs, food, liquor, wine and other beverages, and (vi) firearms and weapons.

“Fair Market Value” means with respect to
(i) an item of tangible property, the price at which such property would be sold or
(ii) real property or fixtures, the price to repair or fix such real property or fixtures to the condition such property existed prior to such repair or fix, in each case a voluntary transaction between a knowledgeable buyer and a knowledgeable seller, neither of whom is under any obligation to buy or sell (taking into account the condition, wear and tear and depreciation), as reasonably determined by Oaks.

“Guarantee Limit” means five thousand U.S. dollars (US $5,000), or its equivalent in the currency where the Covered Vacancies is located at the exchange rate applicable on the date of payment by Oaks under these Oaks Partner Guarantee Terms.

“Visitor” means a Partner who visits Vacancies via the Site, Application or Services

“Partner” means a Partner who creates a Listing via the Site, Application and Services.

“Listing” means Vacancies that is listed by a Partner as available for rental via the Site, Application, and Services.

“Original Cost” means the original purchase price paid by a person in legal tender or currency for the item of tangible property at issue.

“Responsible Visitor” means the Visitor to whom you showed the Covered Vacancies on, at or in which the Covered Property for which you request payment pursuant to these Oaks Partner Guarantee Terms is physically situated.

“Theft” means a criminal act in which a person intentionally takes the tangible property of another without permission or consent and with the intent to convert it to the taker’s use (including potential sale).

“you” and “your” refer to an individual who is a Partner, not a Visitor or Invitee.

“Vandalism” means the intentional and malicious destruction of or damage to the property of another

Oaks Partner Guarantee Benefits

Subject to the limitations, exclusions and conditions herein, Oaks, as guarantor, will guarantee payment to you up to the Guarantee Limit for Covered Losses. The Oaks Partner Guarantee is only extended to partners participating in Oaks Plus. Partners not using Oaks Plus do so at their own risk and agree to assume all liabilities that may arise. Partners listing on Oaks for free assume all liabilities that may arise as a result of showing the vacancy on Renty, including but not limited too, theft, vandalism, injury or death that may result from a showing For the avoidance of doubt, Covered Losses do not include loss of use of, or profit from, Covered Property. Oaks’s maximum obligation under the Oaks Partner Guarantee for Covered Losses (i) with respect to Covered Property (which is not Artwork), is the current Fair Market Value of the item(s) of such Covered Property as of the date the completed Oaks

Partner Guarantee

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Payment Request email is filed with Oaks. All amounts payable to you under these Oaks Partner Guarantee Terms will be made in United States dollars or its equivalent in the currency where the Covered Vacancies is located at the exchange rate applicable on the date of payment by Oaks under these Oaks Partner Guarantee Terms.

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Limitations and Exclusions

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The Oaks Partner Guarantee benefits described herein cover Covered Losses only and do not cover any losses or damages related to any of the following:

• any property which does not carry any form of primary property insurance

• personal injuries or death caused by, or resulting from, physical losses or damages to Covered Property

• real property, except to the extent any such real property is specifically included in the definition of Covered

• any damage or theft that is not a result of a Oaks showing. Should somebody identify the listing as vacant because of the lockbox at the property and cause damage or theft as a result, such damage or theft is not included or covered in the Oaks Plus plan.

• any damage or theft caused by a party that did not register on Oaks through Automated or Controlled registration shall not be covered by Oaks Plus.

Vacancies Property

• personal property that is owned by a party other than the Partner and for which the Partner is not legally responsible

• cash, credit cards, debit cards, charge cards, checks, negotiable instruments, financial securities and other financial instruments and products

• Excluded Property

• losses or damages arising out of, or resulting from, acts of nature, including, but not limited to, earthquakes and weather-related events such as hurricanes and tornadoes

• losses or damages arising out of, or resulting from, your acts or omissions

• losses or damages for which you are compensated or reimbursed from a source other than Oaks including without limitation:

  1. amounts received under an insurance policy, guarantee or indemnity;

  2. a security deposit; or

  3. payment directly by the Responsible Visitor or an Invitee, or other party (“Alternative Payment”)

• Losses or damages for Covered Property located in a specific Covered Vacancies in excess of the Guarantee Limit in a consecutive twelve (12) month period

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Conditions to the Oaks Partner Guarantee

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In order to be eligible to obtain payment from Oaks under these Oaks Partner Guarantee Terms, you must comply with each of the following conditions:

• You must file a claim with the primary insurance provider on the property. Oaks only provides insurance secondary to uncovered primary insurance coverage.

• You must have incurred Covered Losses at a Oaks Plus Vacancy.

• You must have complied with the following safety conditions:

• You must have used reasonable efforts in connection with the visit of the Responsible Visitor at such Covered Vacancies to comply with Oaks’s safety guidelines. Oaks requires partners to make sure there are no safety hazards for vacancies that are made available for viewing via the site or any Oaks application.

• You must inspect the applicable Covered Vacancies prior to the Filing Deadline (defined below) to determine whether there are any physical losses or damages to any Covered Property.

• You must use your best efforts to seek recovery from the Responsible Visitor for any Covered Losses. If you are unable to recover such Covered Losses or damages within a reasonable period, then you must seek any Alternative Payment to which you may be entitled with respect to such Covered Losses from any other person or entity.

• You must complete and file a Oaks Partner Guarantee Payment Request with Oaks by emailing cs@welcomeoaks.com . within 14 days of damage.

• For all Covered Property for which you are filing an Oaks Partner Guarantee Payment Request email in an amount greater than an aggregate value of three hundred U.S. dollars (US $300) (or its equivalent in the currency where the Covered Vacancies is located), you must file a police report listing such Covered Property and provide Oaks with a copy of such report, certified by you as true and correct.

• You must provide proof of claim with primary insurance provider and provide proof that primary insurance coverage does not cover damages.

• You must provide Oaks with proof of ownership of, or legal responsibility for, the Covered Property in the form of receipts, photographs, videos or other customary forms of proof, (including, but not limited to, appraisal or valuation forms or notices addressed to you) certified by you as true and correct and reasonably acceptable to Oaks.

• You must provide Oaks with proof of the Covered Losses certified by you as true and correct, in the form of receipts, photographs, videos or other verifiable forms of proof.

• You must provide Oaks with all information reasonably requested by Oaks to enable it to determine the Fair Market Value or Original Cost, as applicable, with respect to Covered Property.

• Upon Oaks’s reasonable request, and to the extent you are reasonably able to do so, you must participate in mediation or similar resolution process with the Responsible Visitor, at no cost to you, which process will be conducted by Oaks or a third party selected by Oaks, with respect to Covered Losses for which you are requesting payment.

• You must cooperate with Oaks, including signing any documents, and timely responding to any reasonable requests by Oaks for additional information or documentation that Oaks may require or request to process the applicable Oaks Partner Guarantee Payment Request email.

Subrogation

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As an additional separate and distinct condition to this Oaks Partner Guarantee, Oaks, as guarantor, has the right to subrogate against any person or entity whatsoever who allegedly is responsible for causing the losses or damages in question, even if that person or entity is you. Further, you hereby agree that, with respect to any payments made under this Oaks Partner Guarantee by, or on behalf of, Oaks, you will assist in and cooperate fully with Oaks regarding any and all efforts at subrogation.

Disposition of Partner Payment Requests

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Oaks will complete its processing of any Oaks Partner Guarantee Payment Request that you file within a reasonable period following the date you have

1. completed and filed an Oaks Partner Guarantee Payment Request email to cs@welcomeoaks.com , and

2. provided Oaks with all information and materials that you are required to provide to comply with the conditions set forth in “Conditions to the Oaks Partner Guarantee” above and in any event we will use our commercially reasonable efforts to complete processing of your Oaks Partner Guarantee Payment Request email within three (3) months after Oaks’s receipt of such documents and information.

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For an Approved Payment Request that involves Covered Losses for Covered Property that is owned by a party other than the Partner and for which the Partner is legally responsible, Oaks reserves the right, in its sole discretion, to pay all or a portion of the amount covered in such Approved Payment email either to you or directly to the owner of such Covered Property. If Oaks pays all or a portion of such amount directly to the owner of such Covered Property, then you agree that such payment will be treated for purpose of the Approved Payment Request as being paid to you directly, and that you will be solely responsible for collecting from the owner of such Covered Property any portion of such payment to which you believe you are legally entitled. For clarity, your indemnification obligations set forth below under the paragraph entitled “Indemnification” will apply to claims arising from any payments made by Oaks pursuant to these Oaks Partner Guarantee Terms, including without limitation any payments made by Oaks directly to the owner of any Covered Property.

Acknowledgments and Agreements by Partner

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You acknowledge and agree that:

• Oaks provides Partners with the Oaks Partner Guarantee benefits described herein solely for the purpose of promoting use of the Site, Application and Services by building customer loyalty and strengthening customer confidence as to use of the Site, Application and Services.

• These Oaks Partner Guarantee Terms are not intended to constitute an offer to insure, do not constitute insurance or an insurance contract, do not take the place of insurance and you have not paid any premium in respect of the Oaks Partner Guarantee. Furthermore, these Oaks Partner Guarantee Terms are not an insurance service agreement as defined in a standard ISO renter’s or homeowner’s insurance policy.

• The benefits provided under these Oaks Partner Guarantee Terms are solely as set forth in the paragraph entitled “Oaks Partner Guarantee Benefits” above and such benefits are not assignable or transferable by you, including without limitation any transfer or assignment by operation of law or in connection with your divorce or death.

• Oaks reserves the right to independently investigate (or to have independently investigated), at Oaks’s sole discretion and expense, the facts and circumstances of a payment request set forth in any Oaks Partner Guarantee Payment Request email that you file with Oaks, notwithstanding your provision to Oaks of all information and materials that you are required to provide Oaks in order to comply with the conditions set forth in the paragraph entitled “Conditions to the Oaks Partner Guarantee,” and regardless of the impact that Oaks’s exercise of the rights described herein will have on the period for Oaks to complete processing such a form.

• Oaks reserves the right, at any time, to offset or deduct from the amounts payable or paid by Oaks to you under these Oaks Partner Guarantee Terms any amounts that it may have in its possession, or to subsequently collect from any other person or entity who is obligated to compensate you for losses or damages, including, but not limited to, Alternative Payments.

• Because these Oaks Partner Guarantee Terms constitute a guarantee agreement, the theory of exoneration applies. Thus, if the Covered Property in question or the risk associated with that Covered Property changes materially, Oaks will be entitled to exoneration with respect to any potential guaranty obligation under these Oaks Partner Guarantee Terms.​

Modification or Termination of Oaks Partner Guarantee Terms

Oaks reserves the right to modify or terminate these Oaks Partner Guarantee Terms, at any time, in its sole discretion, and without prior notice. If Oaks terminates these Oaks Partner Guarantee Terms in accordance with the foregoing, Oaks will provide you with notice of such termination and Oaks will continue to process all Oaks Partner Guarantee Payment Request emails that you filed prior to the effective date of termination, but your right to file any new Oaks Partner Guarantee Payment Request emails will immediately terminate. If Oaks modifies these Oaks Partner Guarantee Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification and Oaks will continue to process all Oaks Partner Guarantee Payment Request emails that you filed prior to the effective date of the modification. By continuing to access or use the Site, Application or Services as a Partner 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 Oaks Partner Guarantee Terms. If the modified Oaks Partner Guarantee Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services as a Partner. In addition to and without limiting Oaks’s rights set forth above in the immediately preceding paragraph, Oaks reserves the right to modify or terminate these Oaks Partner Guarantee Terms generally or any jurisdiction, at any time, in its sole discretion, if:

1. these Oaks Partner Guarantee Terms are construed to be an offer to insure or constitute insurance or an insurance contract or insurance service agreement by any governmental or regulatory authority in any jurisdiction;

2. Oaks is required to obtain a license or permit of any kind to continue to provide these Oaks Partner Guarantee Terms in any jurisdiction; or

3. Oaks determines or a court or arbitrator holds that the provisions of the Oaks Partner Guarantee Terms violate applicable law.

If Oaks modifies or terminates these Oaks Partner Guarantee Terms in accordance with the foregoing, Oaks will process all Oaks Partner Guarantee Payment Request emails that you file prior to or as of the effective date of such modification or termination unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority.

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DISCLAIMERS

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IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES AS A PARTNER YOU DO SO AT YOUR SOLE RISK. THE OAKS PARTNER GUARANTEE PROVIDED TO COMPLETE CUSTOMER IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, OAKS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. OAKS MAKES NO WARRANTY THAT THE OAKS PARTNER GUARANTEE WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OAKS OR THROUGH THE SITE, APPLICATION, SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 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, APPLICATION AND SERVICES, AND YOUR LISTING OF ANY VACANCIES VIA THE SITE, APPLICATION AND SERVICES REMAINS WITH YOU. NEITHER OAKS, NOR PROPERTY MANAGER, NOR PROPERTY OWNER, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE APPLICATION AND SERVICES 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 FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE OAKS PARTNER GUARANTEE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, 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, APPLICATION, SERVICES, OR FROM YOUR LISTING OF ANY VACANCIES VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OAKS 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. EXCEPT FOR OAKS’S OBLIGATIONS TO PAY AMOUNTS TO YOU PURSUANT TO AN APPROVED PAYMENT REQUEST UNDER THESE OAKS PARTNER GUARANTEE TERMS, IN NO EVENT WILL OAKS’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE OAKS PARTNER GUARANTEE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR POSTING A LISTING, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION AND SERVICES AND IN CONNECTION WITH ANY VACANCIES OR YOUR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS PAID BY OAKS TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OAKS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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Indemnification

You agree to release, defend, indemnify, and hold Oaks 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 the Oaks Partner Guarantee Terms.

Entire Agreement

These Oaks Partner Guarantee Terms constitute the entire and exclusive understanding and agreement between Oaks and you regarding the Oaks Partner Guarantee and these Oaks Partner Guarantee Terms supersede and replace any and all prior oral or written understandings or agreements between Oaks and you regarding the Oaks Partner Guarantee.

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Assignment

You may not assign or transfer these Oaks Partner Guarantee Terms, by operation of law or otherwise, without Oaks’s prior written consent. Any attempt by you to assign or transfer these Oaks Partner Guarantee Terms, without such consent, will be null and of no effect. Oaks may assign or transfer these Oaks Partner Guarantee Terms, at its sole discretion, without restriction.

Subject to the foregoing, these Oaks Partner Guarantee Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

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Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Oaks Partner Guarantee Terms, will be in writing and given by Oaks

1. via email (in each case to the address that you provide) or

2. by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.​

Controlling Law

These Oaks Partner Guarantee Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions.

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Dispute Resolution

You and Oaks agree that any dispute, claim or controversy arising out of or relating to these Oaks Partner Guarantee Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration. You acknowledge and agree that you and Oaks are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Oaks otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Oaks Partner Guarantee Terms.

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Arbitration Rules and Governing Law

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/si.asp?id=3477 and a separate form for California residents at www.adr.org/si.asp?id=3485 .) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Arbitration Location and Procedure. Unless you and Oaks otherwise agree, the arbitration will be conducted in Los Angeles. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Oaks submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Oaks will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration. Fees.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Oaks will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Changes. Notwithstanding the provisions of the “Modification or Termination of Oaks Partner Guarantee Terms” section above, if Oaks changes this “Dispute Resolution” section after the date you first accepted these Oaks Partner Guarantee Terms (or accepted any subsequent changes to these Oaks Partner Guarantee Terms), you may reject any such change by sending us written notice (including by email to cs@welcomeoaks.com.) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Oaks’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Oaks in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Oaks Partner Guarantee Terms (or accepted any subsequent changes to these Oaks Partner Guarantee Terms).

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General

The failure of Oaks to enforce any right or provision of these Oaks Partner Guarantee Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Oaks. Except as expressly set forth in these Oaks Partner Guarantee Terms, the exercise by either party of any of its remedies under these Oaks Partner Guarantee Terms will be without prejudice to its other remedies under these Oaks Partner Guarantee Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Oaks Partner Guarantee Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Oaks Partner Guarantee Terms will remain in full force and effect. Contacting Oaks

You may contact Oaks at cs@welcomeoaks.com .

“Partner” means a user who creates a Listing via the Site, Application and Services.

“Listing” means a Vacancy that is listed by a Partner as available for rent via the Site, Application, and Services.

“User” means a person who completes Oaks’s account registration process, including, but not limited to Partners and Visitors, as described under “Account Registration” below.

“User Content” means all Content that a user posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.

“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

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YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

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