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WEBSITE TERMS & CONDITIONS OF USE

You are entering into a binding contract with Stayable. By using the Stayable websites (the “Website”) and by submitting your information and clicking that you agree to these TERMS & CONDITIONS OF USE ("Terms"), you agree that you are giving your express written consent to all the terms below which contain an Arbitration Agreement and Class Action Waiver, as well as our Privacy Policy.

THESE TERMS OF USE CONTAIN A BINDING ARBITRATION PROVISION. IT AFFECTS HOW DISPUTES ARE RESOLVED.

These Terms govern the Site(s) and any other website, platform, service, offer, feature, tool, app, or web property (collectively, "Services") owned and operated by Stayable or any of its affiliates (“we,” “us,” “our,” or “Company”). We may modify these Terms at any time without notice to you, and such modification shall be effective immediately upon posting on the Site(s). As your next visit to the Site may be governed by different Terms posted at this page, you should review the Terms on this page each time that you visit the Site(s). Access or use of the Site(s) following any change to the Terms constitutes your agreement to those changes. If at any time you choose not to accept the Terms that are in effect at such time, you should not access or use the Site(s).

PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY USING, VIEWING, OR OTHERWISE UTILIZING THIS WEBSITE, THE SERVICES OR FUNCTIONS OFFERED IN OR BY THIS WEBSITE AND/OR THE CONTENTS OF THIS WEBSITE IN ANY WAY, YOU AGREE TO EACH AND ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY DISCONTINUE USE OF AND LEAVE THIS WEBSITE. IF YOU ARE NOT EIGHTEEN (18) YEARS OF AGE OR OLDER OR ARE OTHERWISE INCAPABLE OF ENTERING INTO A LEGALLY BINDING AGREEMENT, PLEASE IMMEDIATELY DISCONTINUE USE OF AND LEAVE THIS WEBSITE.

Agreement. This Term of Use agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of www.rentstayable.com (the “Website”) and describe the terms and conditions applicable to your access of and use of the Website. This Agreement may be modified at any time by Stayable and their affiliates (collectively, “Stayable”, “we”, “us” or “our”) upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at https://rentstayable.com/terms-conditions. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

Privacy. Your visit to our Website and all information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Ownership. All content included on this Website is and shall continue to be the property of Stayable or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website.

Intended Audience. This Website is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Website and the services offered by the Website are not available to minors. If you do not qualify, you may not use the Website. You warrant that you are eighteen (18) years of age or older to reserve a room on this Website.

Trademarks. Stayable and Stayable Select are either trademarks or registered trademarks of Rise8 IP LLC. Other product and company names mentioned on this Website may be trademarks of their respective owners. Trademarks, service marks, logos, and copyrighted works appearing in this Website are the property of Stayable or the party that provided such intellectual property to Stayable. Stayable and any party that provides intellectual property to Stayable retain all rights with respect to any of their respective intellectual property appearing in this Website, and no rights in such materials are transferred or assigned to you.

Site Use. Stayable grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any law. The use of this Website is at the discretion of Stayable and Stayable may terminate your use of this Website at any time.

Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation, without our prior written consent.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

Indemnification. You agree to indemnify and hold Stayable, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Website.

Disclaimer. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. ANY SERVICE AND/OR INFORMATION PROVIDED BY THE WEBSITE AND/OR STAYABLE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. STAYABLE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. STAYABLE DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THIS WEBSITE OR ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STAYABLE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SERVICE OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND STAYABLE MAY MAKE CHANGES OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE, ANY SERVICE, OR ITS CONTENT. STAYABLE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. STAYABLE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE WEBSITE.

Limitation of Liability. The information presented on or through the Website is made available solely for general information purposes. STAYABLE DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.UNDER NO CIRCUMSTANCES WILL STAYABLE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND/OR DIRECTORS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

Use of Information. Stayable reserves the right, and you authorize us, to use and assign all information regarding website uses by you and all information provided by you in any manner consistent with our Privacy Policy. Stayable further reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Guest Screening & Verification. To ensure the safety and security of all guests, Stayable requires all reservations to undergo an identity verification and risk assessment process through our trusted third-party partner, Autohost. By making a reservation, you agree to:

Provide valid government-issued identification upon request.
Undergo security screening, which may include background checks.
Acknowledge that failure to complete the verification process may result in cancellation of your reservation without a refund.

Additionally, by proceeding with your reservation, you agree to our Privacy Policy and consent to the handling of your personal data as outlined therein.

Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice to our Copyright Agent at info@rentstayable.com containing all of the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Website;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
o A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Applicable Law. Governing Law; Venue; Actions. If there is any dispute about or involving the website or the Terms of Use, you agree that any dispute shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of Palm Beach County, Florida. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE, ANY SERVICE PROVIDED BY THE WEBSITE, OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

Waiver. The failure of Stayable to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Stayable must be in writing and signed by an authorized representative of Stayable.

Termination. Stayable may terminate this Agreement at any time, with or without notice, for any reason.

Relationship of the Parties. Nothing contained in this Agreement or your use of the Website shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

Entire Agreement. This Terms of Use constitutes the entire agreement between you and Stayable and governs the terms and conditions of your use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Stayable with respect to this Website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Website. Stayable may revise this Terms of Use at any time by updating this Agreement and posting it on the Website. Accordingly, you should visit the Website and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this Website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

Contact Information. If you have any questions regarding these Terms of Use, please contact us at info@rentstayable.com

OUR COMMUNICATIONS WITH YOU

EXPRESS WRITTEN CONSENT. BY SUBMITTING YOUR INFORMATION TO STAYABLE OR REQUESTING A RESERVATION, YOU ARE PROVIDING YOUR EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS FROM US AT THE E-MAIL ADDRESS AND TELEPHONE NUMBERS YOU ENTERED INTO OUR CONTACT FORM OR VIA A THIRD PARTY, OR THAT YOU LATER PROVIDE TO US. YOU ARE FURTHER PROVIDING YOUR EXPRESS WRITTEN CONSENT TO SHARE YOUR CONTACT INFORMATION WITH ANY OF OUR AFFILIATE COMPANIES AND APPROVED INDEPENDENT CONTRACTORS AND VENDORS WHO MAY ALSO CONTACT YOU VIA TEXT MESSAGING, ARTIFICIAL OR PRE-RECORDED VOICE MESSAGES AND AUTOMATIC DIALING TECHNOLOGY, EVEN IF YOUR TELEPHONE NUMBER IS CURRENTLY LISTED ON ANY INTERNAL, CORPORATE, STATE, FEDERAL OR NATIONAL DO-NOT-CALL (DNC) LIST. YOUR CELLULAR OR MOBILE TELEPHONE PROVIDER WILL CHARGE YOU ACCORDING TO THE TYPE OF PLAN YOU CARRY.
E-MAILS, CALLS, AND TEXTS. THESE COMMUNICATIONS MAY INCLUDE TELEMARKETING MESSAGES, THROUGH THE USE OF EMAIL, LANDLINE PHONE, FAX, CELLULAR PHONE, AND TEXT MESSAGES (INCLUDING SMS AND MMS).

Message and data rates under your own plan with your phone carrier may apply for any text messages. If your mobile phone is off, out of range or subject to a variety of other conditions, you may not receive the message and/or messages may be delayed. Wireless carriers are not liable for delayed or undelivered messages.

AUTODIALING.WE MAY USE AN AUTOMATIC TELEPHONE DIALING SYSTEM (OR “AUTO-DIALER”), WHICH MAY EMPLOY AN ARTIFICIAL OR PRE-RECORDED VOICE OR “ROBOTEXTS.” YOUR CARRIER’S STANDARD RATES AND CHARGES MAY APPLY.

NO PURCHASE NECESSARY. AGREEING TO THESE COMMUNICATIONS IS NOT A CONDITION OF PURCHASING ANY PROPERTY, GOODS, OR SERVICES FROM US.

REVOKING CONSENT AND OPTING OUT. YOU MAY REVOKE YOUR CONSENT TO RECEIVE COMMUNICATIONS AT ANY TIME BY REPLYING “STOP” TO ANY OF OUR TEXTS, OR BY CONTACTING US AND REVOKING YOUR CONSENT AT legal@rentstayable.com. WE WILL MAKE A COMMERCIALLY REASONABLE EFFORT TO COMPLY WITH ANY COMMUNICATIONS FROM YOU OPTING OUT, BUT REPLYING “STOP” WILL AUTOMATICALLY REVOKE YOUR CONSENT TO FURTHER TEXT COMMUNICATIONS, AND WE RECOMMEND THAT METHOD. WE MAY TAKE UP TO THIRTY (30) DAYS TO STOP COMMUNICATIONS IF YOU USE A METHOD OTHER THAN THE AUTOMATIC REPLY “STOP.” YOU CONSENT TO RECEIVE A FINAL TEXT MESSAGE CONFIRMING YOUR OPT-OUT. YOU MAY REVOKE YOUR CONSENT TO RECEIVE E-MAIL COMMUNICATIONS BY USING THE “UNSUBSCRIBE” LINK IN AN E-MAIL OR ON THE WEBSITE OR BY ANY OTHER REASONABLE MEANS. WE WILL MAKE A COMMERCIALLY REASONABLE EFFORT TO COMPLY WITH ANY COMMUNICATIONS FROM YOU OPTING OUT OF E-MAIL, BUT “UNSUBSCRIBE” WILL AUTOMATICALLY REVOKE YOUR CONSENT TO FURTHER E-MAIL COMMUNICATIONS, AND WE RECOMMEND THAT METHOD. WE MAY TAKE UP TO THIRTY (30) DAYS TO STOP EMAIL COMMUNICATIONS IF YOU USE A METHOD OTHER THAN “UNSUBSCRIBE”. THE “UNSUBSCRIBE” LINK WILL ALSO PERMIT YOU TO STOP TEXT COMMUNICATIONS.

Transactional e-mail and text communications about your application, payment, reservation or any other services Stayable provides are not considered “marketing” communications and you understand and agree that we will continue to send you email and text communications concerning your application, payment, reservation or any other services Stayable provides even if you have opted out of receiving email or text marketing communications.

COMMUNICATION FREQUENCY. HOW OFTEN WE SEND YOU COMMUNICATIONS WILL VARY, BECAUSE THE INDIVIDUAL PERSON WHO COMMUNICATES WITH YOU WILL DETERMINE IT. Your consent here also serves as your express written consent to electronic communications from us in the past. You represent and warrant that:
- You are at least 18 years old
- You live in the United States
- You have not registered on a national or statewide Do Not Call list
- You are the account holder for the email addresses and phone numbers you provided, or you have authorization from the account holder to give this consent
- The e-mail addresses and phone numbers you provided are accurate, and you will let us know if you release them to another person or individual
- You will safeguard and keep any authentication credentials provided confidential
- You will immediately notify us if you believe your authentication credentials have been stolen or if there has been any unauthorized use of or access to your Application or account.
Our mobile service is available only in certain states. Certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. HOW TO CONTACT US: You can contact us via email at legal@rentstayable.com. You may also reach out to us in writing at the following address: Stayable, 390 NE 191st St., Ste. 8139, Miami, FL 33179.
Dispute Resolution – Arbitration Agreement. (Mandatory Binding Arbitration and Class Action Waiver)

READ THIS ARBITRATION AGREEMENT CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED.

YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT AS DESCRIBED BELOW. If you do not reject this Arbitration Agreement and a Claim is arbitrated, neither you nor we will have the right to: (1) have a court or a jury decide the Claim; (2) engage in information-gathering (discovery) to the same extent as in court; (3) participate in a class action, private attorney general or other representative action in court or in arbitration; or (4) join or consolidate a Claim with claims of any other person. The right to appeal is more limited in arbitration than in court and other rights in court may be unavailable or limited in arbitration.

This Arbitration Agreement describes when and how a Claim (as defined below) arising under or related to the Terms and Privacy Policy between you and us may be arbitrated. Arbitration is a method of resolving disputes in front of one or more neutral persons, instead of having a trial in court in front of a judge and/or jury. If a claim is arbitrated, each party waives its respective rights to a trial before a jury in connection with the Claim. It can be a quicker and simpler way to resolve disputes. As solely used in this Arbitration Agreement, the terms “we,” “us” and “our” mean “us” as defined above, our parent companies, wholly or majority owned subsidiaries, affiliates, commonly-owned companies, management companies, successors, assigns and any of their employees, officers and directors. For purposes of this Arbitration Agreement, these terms also mean any third party providing any goods or services in connection with the Terms and Privacy Policy, if such third party is named as a party by you in any lawsuit between you and us.

Your Right to Reject Arbitration: You may reject this Agreement by e-mailing a rejection notice to legal@rentstayable.com, within thirty (30) days after you agree to these Terms. Any rejection notice must include your name, address and telephone number; the date you agreed to the Terms that your rejection notice applies to, and your signature. Your rejection notice will apply only to this Agreement in the Terms and Privacy Policy, but will not affect any term of any other contract between you and us (including without limitation any prior or subsequent agreement), nor will it change your obligation to arbitrate claims or matters covered by any prior or subsequent agreement to arbitrate, including each agreement to arbitrate that arises pursuant to the Terms on the Company’s website which is not the subject of a valid rejection notice.

What Claims Are Covered: “Claim” means any claim, dispute or controversy between you and us, whether preexisting, present or future, that in any way arises from or relates to the Terms or Privacy Policy (including their formation, performance and breach), your use of this website, your stay at any Stayable Property, any transaction in your Account, the events leading up to the Terms or Privacy Policy (for example, any disclosures, advertisements, promotions or oral or written statements, warranties or representations made by us), communications between you and us and the manner of communicating, any product or service provided by us or third parties in connection with the Terms or Privacy Policy, the collection of amounts due and the manner of collection, enforcement of any and all of the obligations a party hereto may have to another party, compliance with applicable laws and/or regulations (including but not limited to the Telephone Consumer Protection Act), or the relationships resulting from any of the foregoing. “Claim” has the broadest possible meaning, and includes initial claims, counterclaims, cross-claims and third-party claims and federal, state, local and administrative claims and claims which arose before the effective date of this Arbitration Agreement. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity and claims for money damages and injunctive or declaratory relief.

However, “Claim” does not include: (i) any dispute or controversy about the validity, enforceability, coverage or scope of this Arbitration Agreement or any part thereof (including, without limitation, the Class Action Waiver set forth below, subparts (A) and (B) of the part (k) set forth below titled “Rules of Interpretation” and/or this sentence); all such disputes or controversies are for a court and not an arbitrator to decide; but disputes about the validity or enforceability of the Terms or Privacy Policy as a whole are for the arbitrator and not a court to decide; (ii) seeking and obtaining from a court of competent jurisdiction (notwithstanding ongoing arbitration and without waiver of rights under this Arbitration Agreement) provisional or ancillary remedies including but not limited to injunctive relief, temporary restraining orders, property preservation orders, foreclosure, sequestration, eviction, attachment, replevin, garnishment, and/or the appointment of a receiver; (iii) the exercising of any self-help or non-judicial remedies by you or us; (iv) any individual action in court by one party that is limited to preventing the other party from using a self-help remedy and that does not involve a request for damages or monetary relief of any kind; or (v) any individual action brought by you against us in small claims court or your state’s equivalent court, if any. But if that action is transferred, removed or appealed to a different court, we then have the right to choose arbitration. Moreover, this Arbitration Agreement will not apply to any Claims that are the subject of a class action filed in court that is pending as of the effective date of this Arbitration Agreement in which you are alleged to be a member of the putative or certified class.

Arbitration; Starting an Arbitration Proceeding: All claims arising out of or relating to this Agreement shall be finally settled by binding arbitration pursuant to this Arbitration Provision and administered by the American Arbitration Association (“AAA”) and shall be governed by the AAA Rules. excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the AAA Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Agreement, including, but not limited to, any claim that all or any part of the Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be final and in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of the Agreement shall be subject to the Federal Arbitration Act. The AAA rules governing the arbitration may be accessed at AAA Rules, Forms & Fees | ADR.org. In all cases, the arbitrator(s) must be a lawyer with more than ten (10) years of experience or a retired judge. Arbitration of a Claim must comply with this Arbitration Agreement and, to the extent not inconsistent or in conflict with this Arbitration Agreement, the applicable AAA rules.

THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. UNLESS YOU ELECT TO OPT OUT IN ACCORDANCE WITH SECTION (A) ABOVE, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION; THE ARBITRATOR SHALL NOT CONDUCT A CLASS ARBITRATION OR A JOINT ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Class Action Waiver: Notwithstanding any other provision of the Terms or Privacy Policy, neither you nor we will have the right: (a) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; or (b) to join or consolidate Claims with claims of any other persons. No arbitrator shall have authority to conduct any arbitration in violation of this provision or to issue any relief that applies to any person or entity other than you and/or us individually (provided, however, that the Class Action Waiver does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency).

Class Action Waiver: The Terms or Privacy Policy evidences a transaction involving interstate commerce and, therefore, this Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (the “FAA”), and not by any state arbitration law. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court, or by state or local laws that relate to arbitration proceedings. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court. The arbitrator will have the authority to hear and rule on appropriate dispositive motions for judgment on the pleadings, for failure to state a claim, or for full or partial summary judgment. In determining liability or awarding damages or other relief, the arbitrator will follow the applicable substantive law, consistent with the FAA that would apply if the matter had been brought in court. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the Terms or Privacy Policy, the Administrator’s rules or applicable law. However, with respect to Claim(s) asserted by you in an individual arbitration, we will pay your reasonable attorney, witness and expert fees and costs if and to the extent you prevail, if applicable law requires us to or if we must bear such fees and costs in order for this Arbitration Agreement to be enforced. We will not ask you to pay or reimburse us for any fees we pay the Administrator or the arbitrator or for our attorneys’ fees and costs unless (1) the arbitrator finds that you have acted in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), and (2) this power does not make this Arbitration Agreement invalid. At the timely request of either party, the arbitrator must provide a brief written explanation of the basis for the award.

Arbitration Result and Right of Appeal: Judgment upon the award given by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision is final and binding. The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except in a dispute between the same parties, in which case it could be used to preclude the same claim from being re-arbitrated.

Rules of Interpretation: This Arbitration Agreement shall survive the termination, cancellation or suspension of the Terms or Privacy Policy, any legal proceeding, and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. In the event of a conflict or inconsistency between this Arbitration Agreement, on the one hand, and the applicable arbitration rules or the other provisions of the Terms or Privacy Policy, on the other hand, this Arbitration Agreement shall govern. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, it shall not invalidate the Terms or Privacy Policy or the remaining portions of this Arbitration Agreement, except that:

The parties acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between them and is non-severable from this Arbitration Agreement. If the Class Action Waiver is limited, voided or found unenforceable, then this Arbitration Agreement (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that under no circumstances will a class action be arbitrated; and

Notice of Claim; Right to Resolve; Special Payment: Prior to initiating, joining or participating in any arbitration proceeding regarding any Claim, the Claimant (the party who asserts or seeks to assert a Claim in a lawsuit or arbitration proceeding) shall give the other party written notice of the Claim (a “Claim Notice”) and a reasonable opportunity, not less than thirty (30) days, to resolve the Claim. Any Claim Notice you send must include your name, address, telephone number and Application or account number. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. You may only submit a Claim Notice on your own behalf and not on behalf of any other party. The Claimant must reasonably cooperate in providing any information about the Claim that the other party reasonably requests. If: (i) you submit a Claim Notice in accordance with this paragraph on your own behalf (and not on behalf of any other party); (ii) we refuse to provide the relief you request before an arbitrator is appointed; and (iii) an arbitrator subsequently determines that you were entitled to such relief (or greater relief), the arbitrator shall award you at least $7,500 (not including any arbitration fees and attorneys’ fees and costs to which you may be entitled under this Arbitration Agreement or applicable law). We encourage you to address all Claims you have in a single Claim Notice and/or a single arbitration. Accordingly, this $7,500 minimum award is a single award that applies to all Claims you have asserted or could have asserted in the arbitration, and multiple awards of $7,500 are not contemplated by this Section.

Privacy. The Company’s Privacy Policy, which is incorporated herein by reference, is applicable to any data supplied through the Site and is available at https://www.rentstayable.com/privacy-policy. The Privacy Policy sets out your rights and the Company’s responsibilities with regard to your personal information. The Company will not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. By accepting these Terms and our Privacy Policy, you acknowledge and agree that we may disclose and transfer any information that you provide us (i) to our agents, affiliates, vendors, and third party service providers; (ii) to any other person or entity with your consent; (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law and (iv) in all other circumstances described in the Privacy Policy.

You agree that the Company, in its sole discretion, may modify the Privacy Policy, and you further agree that, by using the Site after such modifications become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you will terminate use of the Site.

Security. The Company utilizes secure technology to protect your personal information. Although the Company has taken reasonable measures to provide for the security of certain information that you submit to the Site, the Company cannot guarantee that this information will not be intercepted or decrypted by others. The Company accepts no responsibility for such interception or decryption. If you believe that the security of your Personal Information on our Services has been compromised, please contact us immediately.

Indemnification. You agree to indemnify, defend, and hold harmless the Company, its affiliate companies representatives, parent company, approved independent contractors, including without limitation, the Company’s service providers—from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, for any claims, causes of actions, procedures or allegations arising out of or relating to any violation of these Terms, your use of the Site, Site Content, or User Content (including but not limited to infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing any Site on your behalf. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you. You further agree that you will cooperate as fully as required by us in the defense or settlement of any claim that is subject to the foregoing indemnification obligation.

Violation Of The Terms Of Use. By using the Site, you understand and agree that the Company, at its sole discretion and without prior notice, may terminate your access to the Site and to any Services offered on the Site, and may remove any content you have provided if the Company for any reason and at any time, including if the Company believes that such content violates or is inconsistent with these Terms or the Privacy Policy or their intent, that your conduct is disruptive, or you have violated the law or the rights of the Company or another user.

Miscellaneous. Unless a mutually executed agreement between you and us states otherwise, these Terms make up the entire agreement between you and us regarding the Company and our Services, and supersedes any and all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the parties and with respect to any Services provided by the Company. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use the Services, or use or access the services, content or software of our affiliates, third parties or collaborating partners, or enter our sweepstakes, promotions, or contests. These Terms operate to the fullest extent permissible by law. All rights not expressly granted are reserved to the Company. If any provision of these Terms is unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms and the Privacy Policy constitute the entire agreement and understanding between the parties with respect to the subject matter contained herein and therein and supersedes and replaces any and all prior written or oral agreements related to the subject matter hereof.

The headings used in these Terms are intended for convenience only and shall not affect the construction and interpretation hereof or thereof. A party’s failure to insist upon or enforce strict performance of any provision of the Terms shall not be construed as a waiver of such or any future provision or right. The Company makes no representations that the Site is appropriate or available for use in locations outside of the United States. Those who access or use the Site from outside of the United States do so at their own volition and are responsible for compliance with local law. This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction where such use would be contrary to applicable law or regulation. By offering this Site and its content, no distribution or solicitation is made by the Company to any person to use the Site or its content in any jurisdiction where the provision of this Site is prohibited by law.

All of our rights and obligations under these Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner(s). You may not assign, delegate or transfer any of your rights or obligations under these Terms to anyone else or any other entity without our prior written consent.

Survival: The following provisions will survive any termination of this Agreement or your relationship with The Company: “Consent to Future Changes”, “Limitation of Liability”, “Indemnification”, “Dispute Resolution- Arbitration Agreement” and “Miscellaneous”.

Consent To Future Changes. You agree that we may change the Site, these Terms, and our Privacy Policy at any time. If we change these Terms or some part of them, they will become effective immediately on posting of the updated or revised Privacy Policy on this web page regardless of whether or not you have actual notice of the changes. If we make material changes to the Terms or Privacy Policy, we will make reasonable efforts to notify you. You should review our Terms and Privacy Policy periodically for changes. Additionally, you agree that any use of the website following our publication of any changes to these Terms or Privacy Policy will expressly reaffirm your express written consent to the Terms, and acceptance of the changes.

Should you wish to opt-out of such future changes, you must communicate your request to opt-out to us in writing, either by email at legal@rentstayable.com or at this address: 390 NE 191st St., Ste. 8139, Miami, FL 33179. The opt-out shall be effective ten (10) days after receipt. In the event you opt-out, our agreement will continue to be governed by the Terms in effect at the time you originally submitted your information, or at the time of the last update to which you did not opt-out.

CONTACT INFORMATION
Stayable
390 NE 191st St., Ste. 8139
Miami, FL 33179
legal@rentstayable.com

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