Recday

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RECDAY TERMS OF SERVICE

Updated and Effective Date: February 3, 2024

1. Definitions

  • "Account" means a registered account that a Member uses to access the Platform.
  • "Applicable Laws and Rules" means applicable local, domestic, or foreign laws, ordinances, rules, acts, regulations, subsidiary legislation notices, notifications, circulars, license conditions, directions, requests, requirements, guidelines, directives, codes, information papers, practice notes, demands, guidance, or decisions of any national, state or local government, any agency, exchange, regulatory or self-regulatory body (including, for example, homeowners associations or condominium associations), law enforcement body, court, central bank or tax authority or any other authority whether having the force of law or not (including any intergovernmental agreement between the governments or regulatory authorities of two or more jurisdictions or otherwise), as may be amended from time to time.
  • "Agreed Duration" means the agreed upon duration of a Booking.
  • "Booking" means a transaction between Members whereby a Host grants a limited license to a Guest to enter, occupy, and use a Space.
  • "Content" means feedback, text, photos, audio, video, and other information or materials that a Member posts, uploads, publishes, submits, or transmits on or using the Platform.
  • "Dispute" means any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Platform, a Space, Content, or RecDay Content, or any interaction or communication between or among Users or Members.
  • "Guest" means a legal entity, partnership, or natural person who searches for, rents, books, uses, or occupies a Space (regardless of whether such Guest is a User or Member). Where additional specificity may be useful, "Additional Guest" means a legal entity, partnership, or natural person who does not participate in a Booking transaction.
  • "Host" means a registered Member who lists, offers, or provides a Space.
  • "Listing" means a Space posted on the Platform listed as available for any Booking, including all associated Content.
  • "Member" means a registered User.
  • "Payment Method" means any payment method associated with an Account, such as a credit card, debit card, or bank account.
  • "Payout Method" means the financial instrument associated with an Account, such as a bank account, a debit card, a prepaid card.
  • "Platform" means RecDay's websites, applications, or other offerings.
  • "Service Fees" includes Taxes, payment processing fees, and any other charges associated with goods or services provided or payment collection.
  • "Space" means a recreation space, including but not limited to, a golf simulator, field, sport court, yard, room or other residential or commercial amenity, and its adjoining applicable or designated area.
  • "Space Fee" means the amount charged by a Host as consideration for a Booking, not including Service Fees or Taxes.
  • "Tax" or "Taxes" means direct or indirect taxes, sales taxes, occupancy taxes, lodging taxes, tourist taxes, income taxes, or any other taxes or fees that a Member may be required by Applicable Laws and Rules to include in the Listing price, remit, or report to governmental agencies or other entities.
  • "Total Price" means the Space Fee plus Service Fees and Taxes.
  • "User" means any legal entity, partnership, or natural person accessing the Platform.
  • "You" or "Your" means you as a Member or User, unless otherwise specified. The Terms may apply to you as a Guest and Host concurrently.

2. Introduction

a. These Terms of Service ("Terms") are a binding legal agreement between Users and RecDay, LLC ("RecDay") that govern use of the Platform. By using the Platform in any respect whatsoever, Users acknowledge that they have read, understand, and agree to these Terms. If Users use the Platform on behalf of an entity, they represent and warrant that (1) they are authorized to agree to the Terms on behalf of the entity, and (2) the entity will be bound by the Terms.

b. RecDay's collection and use of personal information in connection with access to and use of the Platform or the services offered via the Platform, including RecDay's use of any cookies, tags, and other tracking technologies that may be used for analytics, marketing, and targeted advertising purposes, is described in the Privacy Policy. By using the Platform, Users consent to RecDay's Privacy Policy and the use of these technologies.

c. The Platform offers an internet marketplace that facilitates listing, offering, searching for and renting a Space. A User who wants to transact with a Host via the Platform must also be a Member.

d. RecDay does not own, control, offer or manage any Space or Member property. RecDay is not a party to, is not bound by, and does not otherwise participate in any agreement between or among Users or Members. Even though RecDay may facilitate insurance coverage for Hosts, RecDay is not an insurer, nor is RecDay acting as an agent in any capacity for any Member.

e. Sections 26(a) through Section 26(k) of these Terms (the "Dispute Resolution Agreement") contains a mandatory arbitration clause, jury trial waiver, and class action waiver that applies to Users of the Platform. This provision applies to all Disputes with RecDay and affects how Disputes with RecDay are resolved. By accessing the Platform, Users agree to be bound by the Dispute Resolution Agreement.

3. Platform and Bookings

a. RecDay Content. The Platform includes RecDay content proprietary to RecDay or that is licensed or authorized for Recday's use ("RecDay Content") as well as Host Content, including text, photos, videos, and other materials.

b. Registration Requirements. Many Platform features require registration. Registration is permitted only for legal entities, partnerships, and natural persons who are 21 years of age or older. By creating an Account, a User represents and warrants that they are over the age of 21 and not a person or entity prohibited from using the Platform under Applicable Laws and Rules. Users may register directly using the Platform or by any other official registration process RecDay provides. Users agree to provide accurate, current, and complete information during registration and keep their Account information up to date. Users may not register more than one Account or transfer their Account to someone else.

c. Account Credentials; Verification of Payment or Payout Method. Members are responsible for maintaining the confidentiality and security of their Account credentials and may not disclose their credentials to any third party. Members are responsible and liable for activities conducted through their Account and must immediately notify RecDay if their credentials have been lost, stolen, or their Account is otherwise compromised. RecDay may, but has no obligation to, (i) ask Users to provide identification or other information; (ii) undertake checks designed to help verify a User's identity or background; (iii) screen Users against third-party databases or other sources and request reports from and via service providers; (iv) ask Users to provide a form of government identification (e.g., driver's license or passport), date of birth, your address, and other information; (v) require Users to take steps to confirm ownership of their email address, Payment Method(s) or Payout Method(s); and (vi) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents. Even if RecDay chooses to conduct background checks on any User, we disclaim warranties of any kind, either express or implied, related to such checks, including but not limited to that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future. RecDay reserves the right to terminate, suspend, or limit access to any Account or otherwise restrict access to the Platform if RecDay is unable to obtain or verify the aforementioned information.

d. Identity Verification or Background Checks. RecDay may conduct a background check and/or identity verification for all Users at the time of Account creation and annually for continuing Members. When Users register an Account, they authorize RecDay to submit relevant information to law enforcement or third-party agencies for such purposes. By using the Platform, Users certify that they are providing RecDay "written instructions" to obtain a background check, and/or identity verification, to determine Member eligibility. Users further instruct RecDay to perform ongoing background checks and verification during use of the Platform, in RecDay's sole discretion. Users agree to cooperate with and assist RecDay in good faith, to provide any information RecDay may reasonably request, and to take such actions as may be reasonably requested by RecDay.

e. RecDay Does Not Provide Bookings. RecDay does not provide, control, manage, offer, deliver, or supply any Bookings. Hosts alone are responsible for their Listings and managing their Bookings. When a Guest requests a Booking and a Host agrees to rent their Space, the Guest and the Host are entering into a contract directly with each other. RecDay is not, and does not become, a party to, is not bound by, and does not otherwise participate in any contractual relationship between any Guest and any Host. RecDay has no control over and does not guarantee (a) the existence, quality, safety, suitability, or legality of any Spaces, (b) the truth or accuracy of any Host Content, Listing, or any ratings or reviews posted by Members, or (c) the performance or conduct of any Host or Guest. We do not endorse any Host or Guest, even if a Space is featured on the Platform or receives positive ratings or reviews. Users should always exercise due diligence and care when deciding whether to communicate, interact with, and engage in any transaction with any Host or Guest. The Platform may also contain links to websites or resources offered by third parties ("Third-Party Resources"). Third-Party Resources may be subject to different terms and conditions and privacy practices. We are not responsible or liable for the availability or accuracy of any Third-Party Resources, or the content, products, or services available from any Third-Party Resources. A link to Third-Party Resources does not constitute RecDay's endorsement of those Third-Party Resources.

f. Booking Modifications. Members are responsible for any booking modification they agree to make ("Booking Modification"). Members agree to pay any additional amounts, fees, or Taxes associated with any Booking Modifications.

4. Payment Terms

a. Fees. RecDay may charge fees and, if applicable, Taxes to Members for use of the Platform. Fees or charges may include platform fees, payment processing fees, collection fees, convenience fees, third-party charges or any other fees that may be required or imposed under these Terms and are permitted by Applicable Laws and Rules (all of which are included within the definition of Service Fees). Except as otherwise expressly provided on the Platform, Service Fees, Taxes, and all other charges are non-refundable. RecDay reserves the right to change the Service Fees and all other charges at any time, and will provide Members notice of current fees. Fee changes will not affect Bookings made before the effective date of the change.

b. Authorization. Members authorize RecDay to collect amounts due under these Terms, in RecDay's sole discretion, by (i) charging the Payment Method associated with the relevant Booking, and/or (ii) withholding the amount from future payout(s). If any RecDay charges are rejected by a Payment Method, Members authorize RecDay to (without notice to the Member, unless required by Applicable Laws and Rules), in RecDay's sole discretion: (iii) retry such Payment Method; and/or (iv) collect from any other Payment Method RecDay has on file for that Member. Specifically, Members authorize RecDay to collect: i. Any amount due to RecDay including reimbursement for costs paid by RecDay on a Member's behalf. Any funds RecDay collects will offset the amount a Member owes to RecDay and, if sufficient, extinguish a Member's obligation to RecDay. ii. Taxes, where applicable. iii. Penalties, and extra fees not included in a Member's Booking, including any cost and expenses incurred in collecting the penalty or extra fees. iv. Any other Service Fees imposed under these Terms.

c. Chargebacks. Members may be charged fees that are incidental to RecDay's collection of any delinquent amounts and chargebacks associated with Member payments. Such fees or charges may include attorneys' fees, collection fees, convenience fees or other third-party charges.

d. Collections. RecDay reserves the right to place Members into collections if they fail to timely pay any amounts due from their use of the Platform. Collections may be performed by RecDay or a third party on RecDay's behalf. Members also agree that we may, at our discretion, send Member accounts to a collection agency.

e. Payment Processing. The Platform may use third-party payment processor(s), which is subject to the applicable terms of service employed by such processor(s). All applicable payment processing fees are included within the definition of Service Fees.

5. Guest Bookings

a. Reserving a Listing. When a Guest books a Listing, they agree to pay the Total Price and all other charges associated with the Listing identified at checkout. A Booking is created when a Guest receives a booking confirmation. The cancellation policy and terms, policies, or conditions identified in the Listing or during checkout, form part of the Guest's agreement with the Host, along with the applicable portions of these Terms.

b. Reentry. A Guest retains the right to reenter a Space under a Booking to the extent reentry is (i) permitted by the Guest's agreement with the Host, and (ii) consistent with Applicable Laws and Rules.

c. Unauthorized Guests and Overstays. Unless a Host specifically provides otherwise, a Guest who books a Space may be physically present at the Space for the Agreed Duration (and must be physically present while any Additional Guest is present). Guests may not exceed the maximum number of people allowed under a Booking. If Guests exceed the maximum number of people, the Host may ask the Guest to reduce the number of people to the number specified in the Booking or impose fees for the extra guests. If a Guest, or unauthorized person, stays at a Space past the Agreed Duration, the Host has the right to make the Guest or the unauthorized person leave in a manner consistent with Applicable Laws and Rules, including by imposing reasonable overstay penalties and/or contacting local authorities with proper jurisdiction over the Space.

d. Guest Booking Modifications, Cancellations, and Refunds. In general, if a Guest cancels a Booking, the cancellation policy of the Booking determines the amount refunded, if any, to the Guest.

6. GUEST RESPONSIBILITIES AND ASSUMPTION OF RISK

a. RESPONSIBILITIES. EACH GUEST IS RESPONSIBLE, AND JOINTLY AND SEVERALLY LIABLE, FOR THEIR OWN ACTS AND OMISSIONS AND THE ACTS AND OMISSIONS OF ANY GUESTS WHO ACCESS A SPACE DURING A BOOKING. GUESTS ARE RESPONSIBLE FOR LEAVING A SPACE AND OTHER HOST PROPERTY IN THE CONDITION IT WAS IN WHEN THEY ARRIVED AND THEY ARE RESPONSIBLE FOR ANY LOSS, THEFT, OR DESTRUCTION OF THE SPACE AND SURROUNDING EQUIPMENT FROM ANY CAUSE DURING THE BOOKING. GUESTS AGREE TO ACT WITH INTEGRITY, TREAT OTHERS WITH RESPECT, AND COMPLY WITH APPLICABLE LAWS AND RULES AND THE TERMS OF THE BOOKING AT ALL TIMES. GUESTS WHO BOOK FOR AN ADDITIONAL GUEST WHO IS A MINOR, BRING A MINOR TO A SPACE, OR OCCUPY A SPACE WITH A MINOR MUST BE LEGALLY AUTHORIZED TO ACT ON BEHALF OF THE MINOR AND ARE RESPONSIBLE FOR THE SUPERVISION OF THAT MINOR, AND JOINTLY AND SEVERALLY LIABLE FOR THE ACTS AND OMISSIONS OF THAT MINOR.

b. ASSUMPTION OF RISK. GUESTS ACKNOWLEDGE THAT MANY ACTIVITIES CARRY INHERENT RISKS AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND RULES, THEY ASSUME THE ENTIRE RISK ARISING OUT OF THEIR ACCESS TO AND USE OF THE PLATFORM INCLUDING ANY CONTENT, USE OF A SPACE OR ANY OTHER HOST OFFERING, OR ANY OTHER INTERACTION THEY HAVE WITH USERS, MEMBERS, HOSTS, OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE. GUESTS ACKNOWLEDGE THAT THEY ARE RESPONSIBLE FOR INVESTIGATING A HOST AND A SPACE TO DETERMINE WHETHER IT SUITS THEM OR THEIR ADDITIONAL GUESTS. FOR EXAMPLE, ACCESS TO OR USE OF A SPACE MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND GUESTS FREELY AND WILLFULLY ASSUME THOSE RISKS BY ACCESSING OR USING A SPACE.

c. ALCOHOLIC BEVERAGES AND MOOD-ALTERING SUBSTANCES. GUESTS ARE RESPONSIBLE FOR UNDERSTANDING AND COMPLYING WITH APPLICABLE LAWS AND RULES RELATED TO THE CONSUMPTION OF ALCOHOLIC BEVERAGES OR MOOD-ALTERING SUBSTANCES AT OR NEAR A SPACE. NO INDIVIDUAL UNDER AGE 21 MAY CONSUME OR POSSESS ALCOHOL AT A BOOKING. NO MOOD-ALTERING SUBSTANCES MAY BE CONSUMED AT A BOOKING UNLESS LEGAL UNDER APPLICABLE LAWS AND RULES AND THE GUEST IS OF PERTINENT AGE. GUESTS AGREE THAT NEITHER RECDAY, NOR A RECDAY HOST, CAN BE HELD LIABLE IF INJURY OR DEATH OCCURS TO A GUEST DURING A BOOKING IF ANY GUEST (INCLUDING A GUEST OR AN ADDITIONAL GUEST) WAS CONSUMING OR UNDER THE INFLUENCE OF ALCOHOL OR A MOOD-ALTERING SUBSTANCE AT THE TIME OF THE INCIDENT.

d. FOOD AND NON-ALCOHOLIC BEVERAGES. GUESTS MAY NOT BRING ANY CONTAINER, FOR A BEVERAGE OR OTHERWISE, CONTAINING OR CONSISTING OF GLASS TO A SPACE. GUESTS MAY BE PERMITTED TO BRING THEIR OWN FOOD AND BEVERAGES TO A SPACE DEPENDING ON WHAT IS AUTHORIZED PURSUANT TO A BOOKING, BUT GUESTS MAY NEVER BRING THEIR OWN COOKING EQUIPMENT (FOR EXAMPLE, A PORTABLE GRILL).

e. PETS. EXCEPT AS PERMITTED BY APPLICABLE LAWS AND RULES, GUESTS MAY NOT BRING A PET TO A SPACE UNLESS IT IS AUTHORIZED UNDER THE BOOKING. GUESTS ARE FULLY RESPONSIBLE FOR ANY PET THEY BRING TO A SPACE.

7. Guest Payment Terms

a. Payment Method Information. When a Guest adds a Payment Method to their Account, they will be asked to provide billing information such as name, billing address, and financial instrument information. Guests authorize RecDay and its payment service providers to collect and store their Payment Method information. Guests are responsible for (i) evaluating the practices of their Payment Method provider, and (ii) complying with any additional terms or conditions of a third-party payment service provider associated with their Payment Method. RecDay is not responsible for any loss Guests suffer as a result of providing incorrect Payment Method information.

b. Automatic Update of Payment Information. If account information for a Guest Payment Method changes (e.g., account number, routing number, expiration date, or billing address), the Guest agrees to update the Payment Method immediately. If a Guest fails to update, they agree RecDay may acquire that information from its financial services partners or the Guest's bank and automatically update the Payment Method on file.

c. Payment Method Verification. When a Guest adds or uses a new Payment Method, they authorize RecDay to verify the Payment Method by (i) obtaining a pre-authorization or (ii) charging a nominal amount.

d. Payment Authorization. Guests authorize RecDay or its payment service providers to charge any Payment Method (including charging more than one payment method), either directly or indirectly, for all amounts due (including any applicable Taxes) in connection with their Account.

e. Timing of Payment. RecDay generally charges the Total Price due after a Host accepts a Booking request. However, if a Guest pays with a push Payment Method, RecDay will collect the Total Price due at the time of the Booking request. If RecDay is unable to collect the Total Price due as scheduled, RecDay will collect the Total Price due and potentially additional fees pursuant to Section 4. Once a Booking payment transaction is complete, a Guest will receive a confirmation email summarizing their Booking.

f. Booking Request Status. If a booking request is declined either because the Host does not accept, or a Guest cancels the request before it is accepted by the Host, any amounts RecDay collected will be refunded, and any pre-authorization of a Payment Method will be released (if applicable). Timing of fund transfer will vary by Payment Method and any applicable payment system rules.

g. Payment Restrictions. All payments related to Bookings must be made through the Platform. RecDay reserves the right to decline or limit payments that it believes (i) may violate these Terms, (ii) are unauthorized, fraudulent or illegal, or (iii) expose Members, RecDay, or others to unacceptable risks.

8. Host Listings and Bookings

a. Creating and Managing a Listing. Hosts represent and warrant that they have all rights (without restrictions) and authority to list their Space(s) for Booking on the Platform. Host Listing(s) must include accurate, current, and complete information about the Space, Space Fee, other charges like cleaning fees, security deposits, or Taxes, and any rules or requirements that apply to Guests, the Listing, or the Space. Hosts are responsible for keeping their Listing(s) information (including calendar availability) and Content accurate, up-to-date, and complete at all times. Hosts are responsible for ensuring their Listing(s) comply with Applicable Laws and Rules and do not conflict with the rights of a third party. When Hosts create Listing(s), they agree to ensure the Space is available for rental on the Platform during the times specified in the Listing (i.e. you may not double book).

b. Accepting or Rejecting a Booking Request. A Member may request to book a Listing. If a Host does not accept or reject the request within a time period provided by the Platform (the "Booking Request Period"), the request will automatically expire and any fees collected from the Guest will be returned to the Guest. RecDay, in its sole discretion, may determine and modify the Booking Request Period from time to time.

c. Contracting with Guests. A Booking is created when a Guest receives a booking confirmation. Hosts are solely responsible for delivering the Space and performing their obligations under the Booking. Except as otherwise provided by these Terms, Hosts may not request that a Guest pay a higher price or additional fees or amounts after a Booking is created. The cancellation policy and terms, policies, and conditions specified in a Listing form part of the agreement between the Guest and the Host, along with the applicable portions of these Terms. Any terms, policies, or conditions that a Host includes in a Listing must be (i) consistent with these Terms, and (ii) prominently disclosed.

d. Space Availability. Hosts agree to make a listed Space available for the Agreed Duration.

e. Space Safety. Hosts represent and warrant that their Space(s) and other amenities are maintained to ensure the health and safety of Guests including, but not limited to, any applicable safety-related signage or notice(s) as required by Applicable Laws and Rules.

9. Host Booking Modifications and Cancellations

a. Host Cancellations. In general, a Host specifies the cancellation policies for a Booking in their Listing, but other circumstances and policies may apply. Because cancellations disrupt Guests' plans and diminish confidence in the Platform, Hosts should act in good faith to fulfill all Bookings. If a Host cancels a Booking, the RecDay Cancellation Policy, incorporated into these Terms by reference, will apply and preempt any conflicting terms in the Booking. The consequences set forth in this section will not apply if a Host cancels a Booking due to unforeseen circumstances beyond their control that arise after the Booking was created and make it impracticable or illegal to provide the Space as specified in the Booking. Such circumstances include government-declared emergencies, government travel restrictions (not including non-binding travel advisories and similar government guidance), natural disasters, acts of God, large-scale outages of essential utilities, and the circumstances described in Section 9(b).

b. Cancellations for Inclement Weather. In certain circumstances, such as rain, thunder, lightning, hail, tornado, or other inclement weather posing danger to the safety of Guests, Hosts and Guests should cancel a Booking. Under such circumstances, RecDay will not assess a penalty for the cancellation and will allow the Host to accommodate the reservation on a different date within one week, or as otherwise agreed between the Host and Guest.

10. Host Taxes

a. Host Taxes. A Host is responsible for determining and fulfilling their obligations under Applicable Laws and Rules to report, collect, remit, and include in Listings all applicable Taxes.

b. Tax Information. In some jurisdictions, Applicable Laws and Rules may require RecDay to collect or report tax information about a Host to appropriate entities, or withhold Taxes from payouts, or both. If Hosts do not provide RecDay with information sufficient to meet such requirements, RecDay may withhold payouts up to the amount as required by Applicable Laws and Rules until sufficient information is provided. Hosts agree that RecDay may issue invoices to Hosts, or similar documentation, for Taxes to facilitate accurate Host tax reporting. RecDay is not responsible for reporting, collecting, or remitting Taxes unless it is required to do so by Applicable Laws and Rules.

11. HOST RESPONSIBILITIES AND ASSUMPTION OF RISK

a. LEGAL OBLIGATIONS. HOSTS REPRESENT AND WARRANT THAT THEIR SPACE(S), LISTING(S), AND BOOKING(S) COMPLY WITH APPLICABLE LAWS AND RULES. HOSTS AGREE THAT THEY ARE RESPONSIBLE FOR UNDERSTANDING AND COMPLYING WITH APPLICABLE LAWS AND RULES THAT APPLY TO THEIR SPACE(S), LISTING(S), BOOKING(S) AND THEIR INTERACTIONS WITH GUESTS AND THIRD PARTIES. TO BE CLEAR, INFORMATION RECDAY PROVIDES ON THE PLATFORM REGARDING LEGAL REQUIREMENTS IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE VIEWED AS LEGAL ADVICE. HOSTS SHOULD INDEPENDENTLY CONFIRM THEIR OBLIGATIONS AND SEEK INDEPENDENT LEGAL ADVICE IF THEY HAVE QUESTIONS ABOUT APPLICABLE LAWS AND RULES CONCERNING THEIR LISTING(S), SPACE(S), OR ANY POTENTIAL OR ACTUAL DISPUTE THEY MAY HAVE WITH A GUEST.

b. RESPONSIBILITIES. HOSTS ARE RESPONSIBLE FOR THEIR OWN ACTS AND OMISSIONS AND ARE ALSO RESPONSIBLE FOR THE ACTS AND OMISSIONS OF ANYONE THEY ALLOW TO PARTICIPATE IN CREATING OR MANAGING THEIR LISTING(S), PROVIDING THEIR SPACE(S), OR OTHERWISE PERFORMING OBLIGATIONS RELATED TO A BOOKING. HOSTS ARE RESPONSIBLE FOR SETTING THEIR SPACE FEE AND ESTABLISHING THE ADDITIONAL TERMS OR CONDITIONS OF THEIR LISTING AND BOOKING. HOSTS MUST DESCRIBE ANY AND ALL FEES AND CHARGES IN THEIR LISTING AND MAY NOT COLLECT ANY FEES, CHARGES, OR AMOUNTS FOR A BOOKING OUTSIDE THE PLATFORM.

c. FOOD AND NON-ALCOHOLIC BEVERAGES. HOSTS MAY PROVIDE ACCESS TO PREPACKAGED FOOD AND BEVERAGES SUCH AS WATER BOTTLES, BAGS OF CHIPS, OR SOFT DRINKS TO GUESTS. HOSTS MAY NOT OFFER OR PROVIDE ACCESS TO (I) PREPARED OR HOMEMADE FOODS; (II) FOOD OR BEVERAGES IN GLASS CONTAINERS; OR (III) ALCOHOL, MOOD-ALTERING SUBSTANCES, TOBACCO, OR OTHER CONTROLLED SUBSTANCES. HOSTS MUST EXERCISE REASONABLE DILIGENCE TO ENSURE GLASS CONTAINERS ARE NOT IN OR NEAR SPACE(S) DURING A BOOKING. IF HOSTS OFFER ACCESS TO OUTDOOR COOKING EQUIPMENT (FOR EXAMPLE, A GRILL), HOSTS WARRANT THE EQUIPMENT IS IN EXCELLENT WORKING CONDITION, HAS BEEN INSPECTED IN THE LAST 30 DAYS, AND WILL NOT POSE ANY THREAT TO THE GUEST BUT FOR THE GUEST'S OWN MISUSE. FURTHERMORE, HOSTS MUST PROVIDE GUESTS WITH INSTRUCTIONS FOR SAFE AND LAWFUL USE OF THE EQUIPMENT EITHER THROUGH THE PLATFORM OR APPROPRIATE ON-PREMISES SIGNAGE.

d. OTHER ON-SITE AMENITIES. HOSTS MAY PERMIT THE USE OF ADDITIONAL AMENITIES ON THEIR PROPERTY (FOR EXAMPLE, A RESTROOM). SUCH AMENITIES MAY INCLUDE THE USE OF A FIRE PIT, FIREPLACE, OUTDOOR HEATER, OR PATIO HEATER, HOWEVER, HOSTS ARE REQUIRED TO MAINTAIN ALL HEATING DEVICES SUBJECT TO THE MANUFACTURERS' SPECIFICATIONS AND MUST PROVIDE GUESTS WITH USER MANUALS FOR ALL HEATING DEVICES. CERTAIN HIGH-HAZARD AMENITIES, INCLUDING BUT NOT LIMITED TO BOUNCE HOUSES, MAY NOT BE OFFERED.

e. PETS. HOSTS ARE RESPONSIBLE FOR PETS IN AND NEAR SPACE(S) AND MUST ENSURE PETS ARE KEPT SEPARATE AND AWAY FROM GUESTS AT ALL TIMES DURING A BOOKING. YOU MUST SPECIFY IN YOUR LISTING IF A PET IS IN OR NEAR SPACE(S) AND ACKNOWLEDGE THAT THE PET WILL BE KEPT SEPARATE AND AWAY FROM GUESTS FOR THE AGREED DURATION.

f. INSURANCE. WHILE RECDAY MAY FACILITATE INSURANCE OR OTHER GUARANTEES AND PROPERTY DAMAGE PROTECTION FOR HOSTS, RECDAY RECOMMENDS THAT HOSTS OBTAIN APPROPRIATE INSURANCE FOR THEIR SPACE(S) AND SUGGESTS THAT HOSTS CAREFULLY REVIEW POLICY TERMS AND CONDITIONS LIKE COVERAGE DETAILS AND EXCLUSIONS. PURSUANT TO SECTION 2(d), HOSTS UNDERSTAND AND AGREE THAT RECDAY DOES NOT ACT AS AN INSURER. TO SEE A FULL LIST AND EXPLANATION OF ANY POLICY LIMITS, EXCEPTIONS, WHAT IS COVERED AND NOT COVERED FOR ANY INSURANCE POLICY FACILITATED BY RECDAY, OTHER GUARANTEES, OR PROPERTY DAMAGE PROTECTION, PLEASE GO TO THE RECDAY WEBSITE AND CHECK REGULARLY FOR UPDATES. HOSTS AGREE TO COOPERATE WITH AND ASSIST RECDAY AND ANY INSURER IN GOOD FAITH, AND TO COMPLY WITH RECDAY'S REASONABLE REQUESTS FOR INFORMATION, WITH RESPECT TO ANY INSURANCE, GUARANTEE, OR PROPERTY DAMAGE-RELATED CLAIM. LACK OF COOPERATION COULD LEAD TO DENIAL OF INSURANCE COVERAGE AND INABILITY TO AID A HOST.

12. Host Payment Terms

a. Payout. A Host's payout for a Booking will equal the lesser of: (i) Space Fee, or (ii) Total Price minus Service Fees and Taxes. If a Booking is cancelled, RecDay will remit the amount due (if any) as provided in these Terms and applicable cancellation policy. RecDay will remit balances to a Host via the Payout Method selected by the Host via the Platform. RecDay may, in its sole discretion, round up or down amounts payable from or to Guests and Hosts to the nearest whole cent.

b. Payout Restrictions. RecDay may temporarily place a hold on, suspend, or cancel any payout for a violation of these Terms of Service, or for purposes of preventing suspected or known unlawful activity or fraud, chargeback request, risk assessment, security, or completing an investigation, or if RecDay is unable to verify a Host's identity. If a Guest receives a refund after a Host has already been paid, or the amount of the refund and other costs incurred by RecDay exceeds a Host payout, RecDay may recover that amount from a Host, including by offsetting against future payouts. RecDay may also temporarily place a hold on, suspend, or delay initiating or processing any payout due under these Terms as a result of a force majeure event (as defined in Section 27(g)).

c. Limits on Payouts. For compliance or operational reasons, RecDay may limit the amount of a payout. In such circumstances, RecDay may make a series of payouts (potentially over multiple days) in order to provide a Host a full payout amount.

13. Reviews

After a Booking, Guests and Hosts may review each other on the Platform. All reviews must occur within 14 days of the reservation. All Members agree that their review(s) will be accurate and may not contain any misleading, discriminatory, obscene, harassing, deceptive, offensive, inappropriate, violent, illegal or defamatory Content. RecDay does not verify reviews for accuracy. Reviews reflect Member opinions and not RecDay opinions.

14. Content

a. Member Content. The Platform enables Members to provide Content. Members may not post discriminatory, obscene, harassing, deceptive, offensive, violent, inappropriate, defamatory, or illegal Content. By providing Content, in whatever form and through whatever means, Members grant RecDay a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, license, sell, transfer, publish, publicly display, publicly perform, transmit, broadcast, and otherwise exploit that Content, without limitation. Members are solely responsible for all Content that they provide and warrant that they either own the Content or are otherwise authorized to grant RecDay the rights described in these Terms. Members are solely responsible and liable if any of their Content violates or infringes upon the intellectual property or privacy rights of a third party. To the maximum extent permitted by law, Members agree to release, defend (at RecDay's option), indemnify, and hold RecDay (including its affiliates and their personnel) 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 any Content provided or approved by such Member.

b. RecDay Content and Content on the Platform. RecDay Content and Content made available through the Platform may be protected by copyright, trademark, and/or other Applicable Laws and Rules of the United States and other countries. Users acknowledge that all RecDay Content intellectual property rights are the exclusive property of RecDay or its licensors and agree that they will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices. Users may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any RecDay Content or other Content accessed through the Platform except to the extent they are the legal owner of that Content or as expressly permitted in these Terms. Subject to compliance with these Terms, RecDay grants Users a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the RecDay mobile applications on personal device(s), and (ii) access and view Content and RecDay Content made available on or through the Platform and accessible to Users, solely for personal and non-commercial use.

c. Communications Decency Act Notice. RecDay may be a provider of "interactive computer services" as defined under the Communications Decency Act, 47 U.S.C. § 230, and as such, our liability for defamation, libel, product disparagement, and other claims arising out of any Content is limited as described therein. We are not responsible for any Content. We neither warrant the accuracy of Content nor exercise any editorial control over Content, nor do we assume any legal obligation for editorial control of Content or liability in connection with Content, including any responsibility or liability for investigating or verifying the accuracy of any Content.

15. Platform Rules

a. Rules. All Users must act with integrity and treat others with respect. Members agree that they will not lie, misrepresent information, mislead, or pretend to be someone else. Users must be polite and respectful when communicating with RecDay, other Users, Members, and third parties. Users must comply with RecDay's Discrimination Policy. Users agree to follow these rules and all other Terms, and to not help or induce others to break or circumvent these rules or any other Terms.

i. Users agree not to: 1. use bots, spiders, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Platform for any purpose. 2. hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Platform, Content, RecDay Content, or Members. 3. decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Platform. 4. take any action that could damage or adversely affect the performance or proper functioning of the Platform. 5. copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit any portion of the Platform, Content provided by another Member or third party, or RecDay Content. 6. use, copy, display, mirror, or frame the Platform, any Content or RecDay Content, any individual element within the Platform, RecDay's name, trademark, logo, or other branding or proprietary information, or the layout and design of any page or form contained anywhere within the Platform. 7. use another Member's personal information outside of what is necessary to facilitate a transaction using the Platform and as authorized by these Terms. 8. use the Platform, messaging tools, or any Member's personal information to send commercial messages not expressly permitted by these Terms. 9. use Content or RecDay Content made available through the Platform beyond what is necessary to enable use of the Platform as a Member. 10. use Content unless Content owner provided permission or the use is authorized by RecDay in these Terms. 11. require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact with a third-party website, application or service before, during or after a Booking, unless authorized by RecDay. 12. engage in any practices that are intended to manipulate RecDay's search algorithm. 13. use RecDay's name, trademark, logo, branding, or other proprietary information without RecDay's express written permission. 14. use or register any domain name, social media handle, trade name, or other source identifier that may be confused with RecDay branding. 15. list or offer a Space that violates Applicable Laws and Rules or agreements that apply to a Host. 16. export, re-export, import, or transfer any RecDay application except as authorized by United States law, the export control laws of your jurisdiction, and any other Applicable Laws and Rules.

ii. Users agree to 1. understand and follow Applicable Laws and Rules, including privacy and data protection laws. 2. only use the Platform as authorized by these Terms. 3. read, keep up to date with any updates, and follow these Terms and any other RecDay policies, rules, guidelines, and standards available on or applicable to the Platform. 4. receive appropriate authorization prior to providing someone else's personal information to RecDay, and where appropriate, (a) do so in compliance with Applicable Laws and Rules, and (b) authorize RecDay to process that information.

16. RecDay Monitoring and Administration

Users acknowledge that RecDay has no obligation to monitor access to or use of the Platform by any Member or to review, disable access to, or edit any Content, RecDay Content, Third-Party Resources, or any ratings or reviews, but has the right to do so to (i) operate, secure and improve the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members' compliance with these Terms and other RecDay policies; (iii) comply with Applicable Laws and Rules or the order or requirement of a court, law enforcement or other administrative agency or governmental agency; (iv) respond to any Content, Third-Party Resource, or review that RecDay determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users acknowledge and agree that RecDay administers these Terms and other RecDay policies, including decisions about whether and how to apply them to a particular situation, in its sole discretion. Users agree to cooperate with and assist RecDay in good faith, and to provide RecDay with such information and take such actions as RecDay may reasonably request with respect to any investigation regarding any use or abuse of the Platform.

17. Reporting Violations

If a User believes that a Member, Listing or Content poses an imminent risk of harm to a person or property, they should immediately contact local authorities before contacting RecDay. In addition, if a User believes that a Member, Listing or Content has violated our Terms, they should report their concerns to RecDay at legal@recday.com. If a Member reports an issue to local authorities, RecDay may request a copy of that report and, subject to Applicable Laws and Rules, the User agrees to provide the same to RecDay. Except as required by Applicable Laws and Rules, Users agree RecDay is not obligated to act in response to any report.

18. Copyrights and Other Intellectual Property

Users may not use the Platform for any purpose or in any manner that infringes on the rights of any third party. RecDay encourages Users to report any Content on the Platform that they believe infringes on their rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing Content. If a User has a good faith belief that Content on the Platform infringes on their copyright, trademark, or other intellectual property rights, they can follow the procedures set forth below. Please note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Don't make false claims.

a. Copyright. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), RecDay has a designated agent for receiving notices of copyright infringement and RecDay follows the notice and take down procedures of the DMCA. If a User believes that their work has been copied in a way that constitutes copyright infringement, they can provide RecDay's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed upon, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. RecDay's copyright agent for notice of claims of copyright infringement on or regarding the Platform can be reached as follows: Mailing address: RecDay, LLC, Attn: Legal Department. 5576 Jay Rd, Boulder CO 80301. Email address: legal@recday.com. NOTE: Except as otherwise explicitly provided in these Terms, this contact information is for inquiries regarding potential intellectual property infringement only. Please put the statement "DMCA Takedown Notice" in the subject field of your email.

b. Other Intellectual Property. If a User believes any Content on the Platform violates their exclusive rights other than copyrights, they should provide RecDay at least the following information: (a) physical or electronic signature; (b) identification of the material claimed to infringe the User's exclusive rights and information reasonably sufficient to permit RecDay to locate the material; (c) a sufficient explanation of the User's exclusive rights and why the User believes the Content infringes those rights; and (d) the User's accurate contact information; (e) a statement that the User has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the User is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please send the communication regarding such Content to: legal@recday.com.

c. General Rights Information. It can be difficult to determine if intellectual property rights have been violated or if the DMCA requirements have been met. RecDay may request additional information before removing any infringing material. If a dispute develops as to the correct owner of the rights in question, RecDay reserves the right to remove Content, along with that of the alleged infringer, pending resolution of the matter.

d. Notice. RecDay will provide Users with notice if the User's Content or materials have been removed based on a third-party complaint of alleged infringement of the third party's intellectual property rights. Please note that the information provided in a legal notice submitted to RecDay may be forwarded to the person who provided the allegedly infringing Content. Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. RecDay has a policy of terminating Member accounts who, in RecDay's reasonable discretion, are repeat infringers.

19. Social Features

The Platform may offer features that enable interactions between the Platform and third-party social media platforms (each, a "Social Application"). By using such features, Users acknowledge and agree to the following: (a) if they share information relating to their activity on the Platform, they consent to their information and content being shared; (b) Social Application use may cause personally identifying information to be publicly disclosed and/or associated with a User, even if RecDay has not provided such information; and (c) they use Social Applications at their own option and risk, and hold RecDay harmless for such use. Users must read all login and other pop-up boxes closely for notices about sharing content and information with, through or by any other means identified by a Social Application.

20. Third-Party Links

The Platform, Platform communications, or Platform posts, may include third-party Content that RecDay does not control, maintain or endorse. RecDay has not reviewed all of the third-party sites linked to the Platform and is not responsible for the Content of any off-site pages or any other sites linked to the Platform. Users acknowledge that linking to any off-site pages or other sites controlled by third parties is at their own risk. Users expressly acknowledge and agree that RecDay is in no way responsible or liable for any of those third-party sites or properties, including, without limitation, their Content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. User correspondence and business dealings with others found on or through the Platform including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with any such dealings, are solely between Users and the third party. RecDay encourages Users to review all policies, rules, and terms, including the privacy policies and terms of each and any third-party site they visit.

21. Termination, Suspension and Other Measures

a. Term. These Terms are effective and form an agreement between RecDay and a User when a User accesses the Platform (for example, to create an Account). The Terms and agreement remain effective until either the User or RecDay terminate the agreement in accordance with these Terms.

b. Termination. RecDay reserves the right to terminate User access to and use of the Platform or any of its features in RecDay's sole discretion, without notice or liability, including without limitation if a User (a) has materially breached their obligations under these Terms or other RecDay policies, (b) has violated Applicable Laws and Rules, regulations or third-party rights, or (c) RecDay believes in good faith that such action is reasonably necessary to protect RecDay or third parties. If a User's access to the Platform has been terminated or suspended, the User may not register a new Account or access and use the Platform through an another User.

c. Member Violations. RecDay reserves the right to investigate and prosecute any violation of these Terms or Applicable Laws and Rules to the fullest extent permitted by Applicable Laws and Rules. RecDay may at any time, without notice and in its sole discretion: i. suspend or limit a User's access to or use of the Platform; ii. suspend or remove Listings, reviews, or other Content; iii. cancel pending or confirmed Bookings; or iv. suspend or revoke any special status associated with an Account, including but not limited to if a User (i) breaches these Terms, (ii) violates another RecDay policy, rule, guideline, or standard, (iii) violates Applicable Laws and Rules or, (iv) RecDay believes it is reasonably necessary to protect RecDay, a Member, or third party.

d. Legal Mandates. RecDay may take any action it determines is reasonably necessary to comply with Applicable Laws and Rules.

e. Effects of Termination. If a Host terminates their Account, any Booking(s) will be automatically cancelled and Guests will receive a refund in accordance with these Terms. If a Guest terminates their Account, any Booking(s) will be automatically cancelled and any refund will depend upon the terms of the Booking's cancellation policy. When an Account has been terminated, Users are not entitled to Content restoration.

f. Survival of Terms. Part of these Terms, by their nature, will survive termination.

22. Modification

RecDay may modify these Terms at any time. When RecDay makes material changes to these Terms, it will post the revised Terms on the Platform and update the "Last Updated" date of the Terms. Changes to the Terms are effective at the time of posting. RecDay will provide notice of any material changes by email at least 30 days before the date they become effective. If a User disagrees with the revised Terms, they may terminate their Account. If a User does not terminate their Account before the revised Terms become effective, such continued access to or use of the Platform will constitute acceptance of the revised Terms.

23. Disclaimer of Warranties

RecDay provides the Platform, all RecDay Content and Content "as is" without warranty of any kind and disclaims all warranties, whether express or implied. For example, RecDay does not (i) endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Space, Listing, Host offering, or third party, (ii) warrant the performance or non-interruption of the Platform, or (iii) warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being "verified" (or similar language) indicates only that the Member or Listing or RecDay has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If Users have statutory rights or warranties RecDay cannot disclaim, the duration of any such statutorily required rights or warranties are limited to the maximum extent permitted by law.

24. Limitations on Liability

a. Neither RecDay (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Platform or any Content or RecDay Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data, 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 (i) these Terms, (ii) the use of or inability to use the Platform or any Content or RecDay Content, (iii) any communications, interactions, or meetings Users may have with someone they interact or meet with through, or as a result of, use of the Platform, or (iv) publishing or booking a Listing, including Space usage, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not RecDay has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed its essential purpose.

b. Except for RecDay's obligation to transmit payments to Hosts under these Terms, to the maximum extent permitted by law, in no event will RecDay's aggregate liability for any Dispute, exceed: i. to Guests, the amount paid as that Guest during the 12-month period prior to the event first giving rise to the liability; ii. to Hosts, the amount paid to that Host in the 12-month period prior to the event first giving rise to the liability; or iii. to anyone else, one hundred U.S. dollars ($100.00).

c. These limitations of liability and damages are fundamental elements of the agreement between you and RecDay. If Applicable Law and Rules do not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

25. Indemnification

To the maximum extent permitted by law, Users agree to release, defend (at RecDay's option), indemnify, and hold RecDay (including its affiliates and their personnel) 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 User's (i) breach of these Terms, (ii) violation of another RecDay policy, rule, guideline, or standard, (iii) improper use of the Platform, (iii) interaction with any User or Member or Space usage, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, or use (including, without limitation, theft, personal injury, or death), (iv) failure, or RecDay's failure at a User's direction, to accurately report, collect or remit Taxes, or (v) breach of Applicable Laws and Rules.

26. Dispute Resolution; United States Governing Law and Space

a. Governing Law/Space. The laws of the State of Nebraska govern these Terms without regard to the choice of law or conflicts of law provisions of any jurisdiction. Federal arbitration law and the JAMS, Inc. ("JAMS") rules govern any arbitration proceeding. Except for Disputes specified in Section 26(b) and (c), both Users and RecDay submit to the exclusive jurisdiction of the state and federal courts located in the State of Nebraska for enforcement of arbitral awards or for temporary or preliminary injunctive relief for the limited purpose of avoiding immediate and irreparable harm.

b. Disputes Between Members. While RecDay may facilitate informal Dispute resolution between Members (e.g. Guests and Hosts), Users and Members agree that this Section 26 and any Dispute resolution provisions in these Terms including the Dispute Resolution Agreement are only applicable with regard to Disputes between Members and RecDay. Disputes between Members must be handled directly between the Members without involving RecDay.

c. Binding Arbitration. Except for Disputes in which either party seeks to bring an individual action in small claims court, or seeks injunctive or other equitable relief, for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, Users and RecDay agree to waive: (a) the right to have any and all Disputes resolved in a court; and (b) the right to a jury trial. Instead, Users and RecDay agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

d. No Class Arbitrations, Class Actions or Representative Actions. Users and RecDay agree a Dispute cannot be brought as a class or other type or representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

e. Federal Arbitration Act. Users and RecDay agree these Terms affect interstate commerce and that the enforceability of the Dispute Resolution Agreement shall be governed, construed and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA") to the maximum extent permitted by Applicable Laws and Rules.

f. Process. Users and RecDay agree to notify each other in writing of any Dispute within thirty (30) days of when it arises and to attempt good-faith resolution. Notice shall be sent via certified mail or courier to RecDay, LLC, Attn: Legal Department, 5576 Jay Rd, Boulder CO 80301. Notice must include: (a) User name and contact information; (b) a description of the nature or basis of the Dispute; and (c) the specific relief sought. If a User and RecDay cannot agree to resolve a Dispute within thirty (30) days of RecDay's receipt of notice, then either party may commence an arbitration proceeding or file a claim in court as appropriate pursuant to this Dispute Resolution Agreement. Users and RecDay agree that any arbitration or claim must be commenced or filed within one (1) year after the Dispute arises; otherwise the claim is permanently barred. Users and RecDay agree that (1) any arbitration will occur in Denver, Colorado, or Boulder, Colorado (or, if the JAMS rules so require, in or near a User's hometown area), and a User may attend either in person or via videoconference or telephone; (2) a single arbitrator will conduct the arbitration confidentially and in accordance with the rules of JAMS; and (3) the state or federal courts in Lincoln, Nebraska, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award and over any Dispute between the parties that is not subject to arbitration; provided, however, small claims courts in the jurisdiction in which a User resides will have jurisdiction over small claims disputes.

g. Batch Arbitration. Users and RecDay agree that, in the event that there are twenty-five (25) or more individual requests for arbitration of a similar nature filed against RecDay within an approximately thirty (30)-day period (or otherwise in close proximity), JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than ten (10) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a "Batch Arbitration"). Users and RecDay agree (1) to work with JAMS in good faith to facilitate the resolution of Disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a "similar nature" if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.

h. Authority of Arbitrator. As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute and (ii) the authority to grant any remedy that would otherwise be available in court. Except as provided in Section (g), the arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

i. Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, Users either (a) acknowledge and agree that they have read and understand the rules of JAMS or (b) waive their opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

j. Severability. If any provision of this Dispute Resolution Agreement is held invalid or unenforceable, it will be so held to the minimum extent required by law and all other provisions will remain valid and enforceable. Further, the waivers set forth in subsection (b) of this Dispute Resolution Agreement are severable from the other provisions of these Terms and will remain valid and enforceable except as prohibited by Applicable Laws and Rules.

k. Changes/Opt-Out. Users can terminate this agreement to arbitrate within thirty (30) days of first becoming subject to this arbitration provision by providing RecDay with written notice to: RecDay, LLC, Attn: Legal Department, 5576 Jay Rd, Boulder CO 80302. In order to be effective, the notice must include a User's full name, be received by RecDay at the required address within thirty (30) days of first becoming subject to this arbitration provision and clearly indicate the User's intent to terminate this agreement to arbitrate. A User's choice to terminate this agreement to arbitrate will not affect any other provision of these Terms. Notwithstanding the modification-related provisions in these Terms, if RecDay revises the Dispute Resolution Agreement, Users may reject any such change within thirty (30) days of the date such change becomes effective by providing RecDay with written notice to: RecDay, LLC, Attn: Legal Department, 5576 Jay Rd, Boulder CO 80301. In order to be effective, the notice must include the User's full name, be received by RecDay at the required address within thirty (30) days of the date such change becomes effective and clearly indicate the User's intent to reject changes to this Dispute Resolution Agreement. By rejecting changes, a User agrees to resolve Disputes in accordance with the last version of the Terms they accepted. A User's choice to reject changes will not affect any other provision of these Terms.

27. Miscellaneous

a. Entire Agreement. These Terms, including any policies referenced herein, constitute the entire agreement and understanding between Users and RecDay with respect to use of the Platform, RecDay Content, and other Content, and replace and supersede all prior or contemporaneous agreements or undertakings regarding use of the Platform, RecDay Content, and other Content.

b. No Waiver. RecDay's failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by a duly authorized representative of RecDay in writing. 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 permitted under law.

c. Assignment. Users may not assign, transfer, or delegate this agreement or their rights and obligations hereunder without prior written consent by a duly authorized representative of RecDay. RecDay may without restriction assign, transfer, or delegate this agreement and any rights and obligations hereunder, at its sole discretion.

d. Notice. Unless specified otherwise, any notices or other communications to Users permitted or required under this agreement, will be provided electronically and given by RecDay via email, Platform notification, messaging service, or any other contact method RecDay enables and Users provide.

e. Special Terms for Apple iOS Devices. Notwithstanding any other provision within these Terms, the following subparagraphs are applicable to those using a RecDay application acquired from the Apple App Store to access the RecDay Platform on an Apple iOS device ("RecDay iOS App"). i. Acknowledgement. You acknowledge that this agreement is concluded between you and us only, and not with Apple. RecDay, not Apple, is solely responsible for the RecDay iOS App and the content thereof. You further acknowledge that RecDay may not be used in any manner inconsistent with the App Store Terms of Service as of the Effective Date. ii. Scope of License. You are granted a license to use the RecDay iOS App on any iOS device that you own or control and as permitted by the "Usage Rules" set forth in the App Store Terms of Service. iii. Maintenance and Support. We are solely responsible for providing maintenance and support for the RecDay iOS App, as specified in these Terms or as required under Applicable Laws and Rules. You and RecDay acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the RecDay iOS App. iv. Warranty. We are solely responsible for any warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of a RecDay iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for such RecDay iOS App to you; and that, to the maximum extent permitted by Applicable Laws and Rules, Apple will have no other warranty obligation whatsoever with respect to the RecDay iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of us. v. Product Claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to a RecDay iOS App or your possession and/or use of the RecDay iOS App, including, but not limited to: (i) product-liability claims; (ii) any claim that the RecDay iOS App fails to conform to any Applicable Laws and Rules requirements; and (iii) claims arising under consumer protection or similar legislation. Our liability is limited so far as permitted by Applicable Laws and Rules. vi. Intellectual Property Rights. In the event of any third-party claim that a RecDay iOS App or your possession and use of such RecDay iOS App infringes upon that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. vii. Third-Party Beneficiary. You and we acknowledge and agree that Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.

f. Google Terms. The Platform may use Google Maps/Earth. Use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service located here: https://www.google.com/help/terms_maps/.

g. Force Majeure. RecDay shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

h. Emails and SMS. Users will receive administrative communications from RecDay using the email address or other contact information they provide for an Account. Users may also receive promotional emails, SMS messages, and other communications from RecDay. No fee is charged for these promotional emails, SMS messages, and other communications, but third-party data rates could apply. Users can control whether they receive promotional emails, SMS messages, and other communications using the tools provided in those communications or other settings provided by the Platform.

i. Purpose of Headings. Headings in these Terms are solely for reference objectives and do not limit the scope or extent of the Terms.

j. RecDay Price Discretion. RecDay, in its sole discretion, may increase or discount a Host's listed Space Fee in any manner it deems appropriate, including but not limited to providing promotional codes to Guests.

k. Promotional Offer Terms. From time to time, RecDay may offer promotions. The following terms apply to all promotional offers, unless RecDay provides otherwise: i. All promotions are limited-time offers. ii. RecDay reserves the right to modify or cancel an offer at any time. If a User received the promotional code (directly or indirectly) from a third party, that third party also reserves the right to modify or cancel the offer at any time. iii. A promotional offer is limited to one per customer, User, and Account. iv. A promotional offer may not be combined with other offers. v. A promotional offer is non-transferrable and may not be resold. vi. A promotional offer discount will be allocated proportionally among all promotional items in a User's order. vii. If a User violates any of the promotional offer terms, the offer will be invalid.

l. Contact us. If a User has any questions about these Terms, please select the 'Help' button within our Help Center.