ReloQuest® Terms of Use

ReloQuest, Inc. (“ReloQuest”, “we”, “us”, or “our”) provides a web-based service for authorized users to request and book rental accommodations from third party suppliers of rental accommodations, and for third party suppliers of rental accommodations to offer and provide rental accommodations for such authorized users.

Please carefully read the following Terms of Use (“Terms of Use”), which includes our Privacy Policy. Our Privacy Policy is hereby incorporated into and made a part of these Terms of Use by this reference. These Terms of Use govern your access to and use of the Service. When accessing or using the Service, you agree to comply with and be bound by these Terms of Use.

BY CLICK-ACCEPTING THESE TERMS OF USE, YOU ACKNOWLEDGE AND AGREE THAT (A) YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE AND OUR PRIVACY POLICY; (B) YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT; (C) YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE AND PRIVACY POLICY; AND (D) IF YOU ARE ACCEPTING THESE TERMS OF USE AND PRIVACY POLICY AS AN ADMINISTRATOR ON BEHALF OF A CUSTOMER, THEN YOU ARE AUTHORIZED TO ACCEPT THESE TERMS OF USE AND THE PRIVACY POLICY ON BEHALF OF SUCH CUSTOMER AND YOU ARE ALSO ACCEPTING THESE TERMS OF USE AND THE PRIVACY POLICY ON BEHALF OF SUCH CUSTOMER. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE AND ALL OF THE PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICE.

1. DEFINITIONS
   In addition to the capitalized terms defined above, the following capitalized terms will have the meanings set forth below:

   “Administrator” means a User authorized by the Customer to access and use the Service for administrative purposes for such Customer.“Account” means a User account which enables the User to register for, access and use the Service.“Aggregated Data” means de-identified, aggregated data derived from User Data that cannot be linked to specific a Customer, User, or Guest.“Arrival” means the check in, lease start or Booking start date.

   “Booked Day” means each day or night (as determined by the Reservation Confirmation) of a Booking.

   “Booking” means a confirmed reservation of a Rental Accommodation for one or more Booked Days.

   “Cancellation” means the cancellation of a Booking.

   “Content” means all materials, excluding Personal Information and User Data, but otherwise including, without limitation, information, data, text, design elements, graphics, images, audio, video, and other content, contained in or delivered or displayed through the Service by a Guest, a Customer, a User or ReloQuest, or otherwise made available by ReloQuest in connection with the Service.

   “Customer” means the Requestor or Supplier, as applicable, for whom the User is employed or engaged.

   “Customer Content” means Content provided by a Guest or Customer.

   “Customer Profile” means the Customer profile for the Service configured by an Administrator on such Customer’s Service Portal, which generally describes the Customer and the configuration of the Service for such Customer.

   “Departure” means the check out, lease end or Booking end date.

   “Fees” means any and all commissions, fees, costs and other amounts payable or paid pursuant to the Terms of Reservation, including, without limitation, all Rental Accommodation Charges, third party costs and fees, and related taxes.

   “Guest” means the individual who is seeking to reside in or will reside in the Rental Accommodation and, as applicable, such individual’s family who will reside in the Rental Accommodation.

   “Holdover” means the Guest remaining in the Rental Accommodation, either with or without Supplier’s consent, following the end of the Booking term.

   “Intellectual Property Rights” means all legally recognized forms of intellectual property rights to the full extent such rights may arise or be recognized under any law, rule, or regulation.

   “Move-In” means the date the keys for the Rental Accommodation and Property are received by the Guest.

   “Move-Out” means the date when the Guest returns to the keys to the Rental Accommodation and Property to Supplier.

   “Option” means a Rental Accommodation offer submitted by a Supplier either to a Requestor in response to a Request from such Requestor or to the Service for browsing by Guests, which sets forth Supplier’s description and terms for the offered Rental Accommodation. The description will include the Rental Accommodation address, amenities, features, and a description of the Rental Accommodation.

   “Party” and “Parties” means, as applicable, ReloQuest and you, the user click-accepting these Terms of Use.

   “Payment Method” means a financial instrument used for payments or payouts including, but not limited to, check, credit/debit card, ACH or wire.

   “Payment Schedule” means the schedule for paying amounts due for a Booking and the statement of such amounts due, which is set forth in the Service Portal or, if applicable, in an invoice from ReloQuest or the Supplier.

   “Payment Service” means any and all payment processing services provided by ReloQuest’s third party payment processor(s) for processing payments for Bookings.

   “Personal Information” means any information that does or can identify a specific individual or, by or from, which a specific individual may be identified, contacted or located, such as the individual’s name, address, social security number, etc., and any other information relating to an identified or identifiable individual, including, without limitation, “nonpublic personal information,” as defined under the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.), “protected health information” as defined under the Health and Insurance Portability and Accountability Act of 1996 (42 U.S.C. § 1320d), “personal information” as the term is defined in the California Consumer Privacy Act of 2018, Cal. Civ. Code §§ 1798.100 et seq. (CCPA), “personal data” as that term is defined in the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679), and all rules and regulations issued under any of the foregoing.

   “Process” means to perform any operation or set of operations on any data, information, material, work, expression or other Content, including, without limitation, to: collect, capture, record, receive, input, upload, download, recover, reproduce, store, archive, organize, combine, log, catalog, cross-reference, manage, maintain, calculate, copy, adapt, alter, transform, translate, prepare derivative works, retrieve, output, use, disseminate, share, transmit, submit, post, transfer, display, provide, delete, block, erase, or otherwise process. “Processing” and “Processed” shall have correlative meanings.

   “Profile” means a Customer Profile or User Profile, as applicable.

   “Property” means the community property to which the Rental Accommodation is a part, including, without limitation, the common areas of such building or community.

   “ReloQuest Commission” means the commission that ReloQuest collects or receives for a Booking. For purposes of clarity, the ReloQuest Commission does not include the costs, fees or other amounts paid by a Requestor or a Guest to or for a Supplier for rent, deposits, and other costs and fees.

   “ReloQuest Copyrights” means the features, functionality, and look and feel of the ReloQuest Website and all Content, as well as the compilation of any Content, set forth on the ReloQuest Website.

   “ReloQuest Trademarks” means the trademarks, service marks, and logos of ReloQuest.

   “ReloQuest Website” means the website owned and operated by ReloQuest, which ReloQuest uses to provide the Service.

   “Rental Accommodation” means any corporate housing, furnished accommodation, temporary or vacation apartment, home, hotel or other housing or serviced apartment made available for Booking through the Service.

   “Rental Accommodation Charge” means the rent, daily or nightly charge, and/or other agreed upon costs and fees for the use of a Rental Accommodation, including, without limitation, the room rate, accommodation and room fees (such as parking fees, pet fees, application fees, and resort fees), deposits, and related taxes.

   “Request” means a request for a type of Rental Accommodation submitted by a Requestor to Suppliers, which describes the Requestor’s requirements for a Rental Accommodation and includes the Requestor’s general Booking terms set forth in the outward-facing section of Requestor’s Profile.

   “Requestor” means, as applicable for each reference, each of the following who has registered with ReloQuest to access and use the Service to select and rent Rental Accommodations for a Guest (i) the entity for whom a Guest works or is engaged by, (ii) an Administrator for such entity, or (iii) a Guest.

   “Reservation Confirmation” means a Booking confirmation generated after the Supplier confirms a Requestor’s selection of an Option. The Reservation Confirmation will include the same terms as the Option.

   “Service” means ReloQuest’s web-based service, commonly known as ReloQuest®, which enables Requestors to Request and book Rental Accommodations from Options provided by Suppliers, and for Suppliers to offer and provide Rental Accommodations for Requestors.

   “Service Agreement” means the Service Agreement by and between ReloQuest and a Customer.

   “Service Issues” means water leaks, mold, electrical problems, malfunctioning lights, broken or missing locks or latches, appliance issues, utility malfunctions, and other conditions in the Rental Accommodation that are not working properly or pose a hazard to property, health or safety or otherwise involve Supplier provided items in or part of the Rental Accommodation.

   “Service Portal” means a designated section of the ReloQuest Website for a Customer, which is setup and hosted by ReloQuest for such Customer to access and use the Service pursuant to a login process and enables Requestors and Suppliers to communicate with each other and with ReloQuest through the Service.

   “Service Tracker™” means the Service feature available for both Guests and Suppliers through their Service Portals for timely and efficiently reporting, documenting and resolving Service Issues.

   “Supplier” means the entity which has registered with ReloQuest to access and use the Service to list and provide Rental Accommodations for Guests.

   “Supplier’s Rules and Policies” means the rules and policies provided by Supplier to Guest with respect to the use of the Property and/or Rental Accommodation, including, but not limited to, rules and policies related to pets, notices to vacate, extensions, early departures, utilities allowance and overcharges, smoking, background check, security deposit, and additional Supplier services.

   “Technological Safeguard” means any code, feature or functionality which is, or may at any time be, lawfully invoked under the unilateral control of ReloQuest, at its sole and exclusive discretion, to monitor, detect, document, prevent, limit, deny, interrupt or terminate unauthorized, improper or illegal access or use of the Service. Technological Safeguards may include, but are not limited to, cookies, keys, locks, backdoors, drop dead devices and revocation or disablement of Accounts and passwords.

   “Terms of Reservation” means the terms and conditions that govern the Booking of a specific Rental Accommodation, which, as applicable, means the online terms and conditions provided through the Service or the Supplier provided terms and conditions.

   “Third Party Equipment” means any Customer, User or third party hardware, software, equipment, facilities, network, system or service required or otherwise used to access and/or use the Service.

   “Third Party Trademarks” means the trademarks, service marks, and logos of third parties.

   “Trademarks” means the ReloQuest Trademarks and Third Party Trademarks.

   “User”, “you” or “your” means the person click-accepting these Terms of Use.

   “User Data” means any User information or data, including, without limitation, any Personal Information, which a User or someone on behalf of a User, at any time, uploads, enters, inputs, sends, transmits, configures, or otherwise makes available through or is collected from a User for Processing through or using the Service.

   “User Profile” means the User profile for the Service, which generally describes the User and the configuration of the Service for such User.

2. ACCESS TO AND USE OF THE SERVICE
   1. Right to Access and Use. Subject to and expressly conditioned on your compliance with these Terms of Use, including timely payment of all amounts owed, ReloQuest provides you with access to and use the Service as described in these Terms of Use until such time as such access to and use the Service is terminated (“Term”). This limited right to access and use the Service only applies to Users who have click-accepted these Terms of Use, and does not apply to any other person or entity. Other than such access to and use the Service, any and all rights owned or held by ReloQuest and/or our third party licensors not expressly granted to you, including all Intellectual Property Rights relating to the Service, are reserved and shall remain owned solely and exclusively in their entirety by ReloQuest or our third party licensors, as applicable.
   2. Data Privacy. All information provided by you or otherwise collected by ReloQuest in connection with your access to and use of the Service is governed by these Terms of Use, including our Privacy Policy.
   3. Compliance with Applicable Laws, Rules and Regulations. You agree that you are responsible for, and will abide by, all laws, rules, and regulations applicable to your access to and use of the Service, including, without limitation, any transactions entered or processed through the Service. You are liable for any breach of these Terms of Use by you..
   4. Restrictions. Except as otherwise explicitly permitted in these Terms of Use, you shall not and shall not attempt to, and you shall not authorize, induce, or permit, any other person to or attempt to:• download, copy, publish, modify, tamper with, adapt, translate, reverse engineer, disassemble, decompile, decode, or decrypt the Service or any Content or any part of the Service or Content;• or create derivative works from the Service or any Content or any part of the Service or Content;• transmit, rent, lease, lend, sell, sublicense, assign, distribute, transfer, or otherwise make available to any person the Service or any Content or any part of the Service or Content;• remove, alter, obscure, translate, combine, supplement or otherwise change any screen display, trademark or copyright marks, disclaimer, version or release number, or serial numbers which may be present in, or may be displayed by or in connection with, the Service;• upload, post, e-mail, transmit, or otherwise make available through the Service any Content or User Data (i) that is false, inaccurate, incomplete, untimely, misleading, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (ii) for which you do not have a right to make available (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships, or information subject to nondisclosure agreements); (iii) that infringes any Intellectual Property Right or other proprietary rights of any person or entity; or (iv) that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, interfere with, or limit the functionality of any computer software, hardware, network, telecommunications equipment, or to otherwise interact with the Service in a manner not permitted by these Terms of Use;• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content or User Data transmitted through the Service;• interfere with or disrupt the Service or servers or networks connected to the Service or your Service Portal, interfere with the use of the Service by others, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service or your Service Portal;• intentionally bypass, breach, disable or defeat any Technological Safeguard or other protection used in, or in connection with, the Service;• access, use, or permit any other person to access or use the Service in any manner that violates these Terms of Use, or any applicable law, or that infringes any Intellectual Property Right of ReloQuest or any other person;• impersonate any person or entity, including, but not limited to, a ReloQuest representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;• allow another User, a User of another User, or any third party to access your Service Portal or the Service through your Account;

      • intentionally or unintentionally violate any applicable law or regulation;

      • use an inappropriate username of any kind;

      • target or harm minors in any way;

      • stalk or otherwise harass any person or entity;

      • provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act;

      • Process, or cause to be Processed, by way of the Service, any User Data or other Personal Information other than that which is: (i) owned by you; (ii) in the public domain and free of third party Intellectual Property Rights; or (iii) permissible by virtue of one or more valid, enforceable and subsisting consents or licenses of adequate scope granted to you by one or more third parties, except that you shall not be prohibited from carrying out or causing such Processing if, and only to any limited extent that, so doing would otherwise be lawful and would not infringe, or cause or induce ReloQuest or any other person to infringe, any third party Intellectual Property Rights;

      • facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes, and/or any other activity featuring the award of a prize other than raffles, contests, or sweepstakes conducted in a manner that complies with the law and is expressly authorized by ReloQuest in writing;

      • collect or store Personal Information about other Users in connection with the prohibited conduct and activities set forth in these Terms of Use;

      • develop, distribute, or aid others in developing or distributing, any software or service to be used internally within your organization or to be used commercially or for the benefit of third parties which is substantially functionally similar to, or competitive with, the Service during the Term and for two (2) years thereafter.

3. ACCOUNT SETUP
   1. Account, Username and Password. Each User shall register for a personal, non-transferable Account with a unique username and password for access to and use of such User’s Account. The Account of a User will grant such User with access to such User’s Service Portal. The Account of an Administrator will also grant such Administrator with access to the Customer’s Service Portal. The Account, username and password shall not be shared or used by more than one person. You are responsible for maintaining the confidentiality and security of your username and password. You agree not to allow, provide, or facilitate access to your Account to any other person or entity, including, without limitation, other Users. Accounts are subject to revocation or suspension by ReloQuest without advance notice for a breach of these Terms of Use or any other lawful reason.
   2. Profile. Upon registering for an Account as an Administrator, Administrator shall configure and enter information for a Customer Profile on the Customer’s Service Portal. Each Customer is solely responsible for ensuring all information in such Customer’s Profile is at all times accurate, current and complete, and ReloQuest shall have no liability for any inaccuracies, misstatements, or misrepresentations in any Profile. Upon registering for an Account as a User, User shall configure and enter information for a User Profile on the User’s Service Portal.
   3. Account Security. You agree to (i) keep your username and password secure and strictly confidential; and (ii) notify us immediately (and select a new username and password) if you believe your password for either your Account or your associated e-mail account may have become known to an unauthorized person or your Account, associated e-mail account, or Service Portal may have been accessed by an unauthorized person. If we suspect any unauthorized access to your Account or your Service Portal, upon our request, you agree to promptly change your username and password and take any other related action as we may reasonably request. If you share your username and/or password with an unauthorized person, or otherwise fail to reasonably safeguard such information, then you are responsible for any and all transactions made with your Account, including fraudulent or unintentional transactions, and ReloQuest may, without notice, suspend and/or terminate your Account.
   4. Eligibility Verification. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (i) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other identity information; (ii) requiring you to take steps to confirm ownership of your e-mail address or Payment Methods; or (iii) attempting to screen your information against third party databases, provided that such information obtained by ReloQuest can only be used by ReloQuest for the sole purpose of complying with the aforementioned legal obligations under applicable law. We reserve the right to suspend, terminate or otherwise limit your access to and use of the Service in the event we are unable to obtain or verify any of this information.
   5. Account Suspension and/or Termination. ReloQuest, in its sole discretion and at any time, may suspend and/or terminate your Account, and, except as provided by applicable law and our Privacy Policy, remove and discard any and all of your Content and User Data, as a result of (i) your lack of use of the Service for prolonged periods of time; (ii) failure to timely pay any Fees or other monies due; (iii) if ReloQuest determines (in ReloQuest’s sole discretion) that you have breached or acted inconsistently with these Terms of Use; (iv) you have violated applicable law. You agree that any suspension or termination of your Account may be effected without prior notice, and acknowledge and agree that, except as provided by applicable law and our Privacy Policy, ReloQuest may immediately deactivate or delete your Account and all related Content, User Data, and files related to your Account and/or bar any further access to such files or the Service. You also agree that ReloQuest shall not be liable to you or any third party for suspension or termination of your Account.
4. BOOKING PROCESS
   1. Requests. To find a Rental Accommodation for a Guest, Requestor must submit a Request to Suppliers through the Requestor’s Service Portal. If an Administrator configures the Service to allow a Guest to submit Requests directly to Suppliers, then such Guest will receive a hyperlink or other means of accessing the Service, which enables such Guest to submit a Request directly to Suppliers or search for Options posted by Suppliers.
   2. Options. Upon receiving a Request from a Requestor, Supplier may provide one or more Options to the Requestor through the Supplier’s Service Portal. If an Administrator configures the Service to allow a Guest to review the Options, such Administrator may pre-screen and add or remove Options received from Supplier and then use the Service to provide the Guest with a hyperlink or other means of accessing the Service, which enables such Guest to directly view the selected Options. Suppliers may also post Options to the Service for general browsing by Requestors.
   3. Selecting and Acknowledging an Option. To select an Option, a Requestor selects an available Option through the Requestor’s Service Portal. If an Administrator configures the Service to allow a Guest to select an Option, then the Guest will receive a hyperlink or other means of accessing the Service, which enables such Guest to select an available Option. Once the Option is selected by the Requestor, the Supplier is notified of the selection through the Service. If the Option is still available, then Supplier acknowledges the Option through the Service. Selection of an Option by the Requestor does not confirm a Booking until the Supplier acknowledges the selected Option and the Guest receives a Reservation Confirmation.
   4. Terms of Reservation. Prior to the Guest receiving a Reservation Confirmation, the Guest and the Supplier must accept the Terms of Reservation for the Booking. If the Terms of Reservation are provided by ReloQuest, then the Terms of Reservation will be provided to the Guest and the Supplier through the Service for click-acceptance. If the Terms of Reservation are supplied by the Supplier, then Supplier will provide the Terms of Reservation to the Guest for acceptance. Upon acceptance by both the Guest and the Supplier, the Terms of Reservation form a legally binding agreement for the Booking of the Rental Accommodation.
   5. Reservation Confirmation. A Reservation Confirmation is generated and sent to the Guest and the Supplier through the Service to confirm the Booking. Booking details such as the Arrival date, Departure date, Move-In Date, Move-Out date, the address of the Rental Accommodation, and other similar information are set forth in the Reservation Confirmation. If the Reservation Confirmation conflicts with these Terms of Use, then these Terms of Use shall govern.
   6. Supplier’s Rules and Policies. Guest acknowledges and agrees that, in addition to the Terms of Reservation, the Supplier’s Rules and Policies provided by the Supplier to the Guest will apply to the Booking. The Guest also acknowledges Supplier may provide the Guest with such Supplier’s Rules and Policies after the Reservation Confirmation; provided, however, if the Supplier’s Rules and Policies conflict with these Terms of Use of the Reservation Confirmation, then these Terms of Use or the Reservation Confirmation, as applicable, shall govern. Supplier shall be solely responsible for providing Supplier’s Rules and Policies to the Guest and keeping Supplier’s Rules and Policies accurate, current and complete. You acknowledge and agree ReloQuest shall have no responsibility or liability for any of Supplier’s Rules or Policies, monitoring or enforcing Supplier’s Rules and Policies, or providing Supplier’s Rules and Policies to the Guest.
   7. Payment Schedule. All amounts due for a Booking, and the payment schedule for paying such amounts, shall either be set forth in the Reservation Confirmation or otherwise agreed to by the Guest, the Requestor and the Supplier through the Service Portals and shall be set forth in the Payment Schedule.
   8. Notice to Vacate or Extend. Guest and Supplier agree to use their Service Portals to provide the required notice to vacate prior to Departure as set forth in the Reservation of Confirmation. If the Guest requests an extension date, then such extension is not granted until the Supplier approves the extension via the Supplier’s Service Portal. The Guest will be notified through Guest’s Service Portal once the Supplier accepts or declines the request. Could be worded better.
   9. Reporting Service Issues using Service Tracker™. Guest shall promptly notify Supplier of Service Issues through Service Tracker™ and Supplier shall respond to all reported Service Issues through Service Tracker™. Guest and Supplier agree to report, document and resolve all Service Issues through Service Tracker™; provided, however, in the event of an emergency, Guest may initially report a Service Issue and Supplier may commence resolving the Service Issue without using Service Tracker™, but the Guest and Supplier shall then report, document and finalize the resolution of the Service Issue through Service Tracker™ following the end of the emergency.
   10. Supplier Mandated Background Checks and Additional Information. Each Guest acknowledges and agrees that for purposes required by Supplier and/or the Rental Accommodation, Supplier reserves the right to require that the Guest submit to a background check (including an independent credit and/or criminal history check) and provide additional information. ReloQuest does not in any way participate in or otherwise affect the decision of a Supplier relating to background checks or additional information. If you do not wish to comply with any such requirement by a Supplier, your only recourse is to not complete the Booking process with such Supplier. To the extent a Requestor is required to provide Guest information on behalf of a Guest, then such Requestor, and not ReloQuest, is solely responsible for obtaining prior written consent from the Guest prior to providing any such Guest information to a Supplier.
   11. ReloQuest Commission. Requestor and Supplier acknowledge that ReloQuest collects a ReloQuest Commission per Booking based on the Rental Accommodation Charge, which is included in the Rental Accommodation Charge. Depending on the laws of the jurisdiction, taxes may be charged and collected on top of the ReloQuest Commission.
   12. Third Party Fees. Requestor acknowledges and agrees that Requestor may be charged third party fees associated with a Booking, including, without limitation, related to payment for a Booking.
5. MAINTENANCE AND SECURITY FOR THE SERVICE
   1. Maintenance. ReloQuest may perform maintenance, including troubleshooting, updating, and/or repairing of User’s Service Portal and for the Service at any time and in such manner as ReloQuest in its sole discretion may elect. This maintenance may temporarily limit the functionality of and/or render wholly or partially unavailable User’s Service Portal and/or the Service. Except in the event of emergency or unusual circumstances, ReloQuest will endeavor to conclude such activities expeditiously and provide prior notice of any planned unavailability, inoperability or material limitation of access to and use of Service.
   2. Third Party Equipment. In no event shall ReloQuest have any obligation to provide, maintain or support any Third Party Equipment. You are solely responsible to provide, pay for, and maintain any and all Third Party Equipment. ReloQuest does not verify or otherwise confirm whether any Third Party Equipment is working properly or is compatible with the Service.
   3. Technological Safeguards. ReloQuest shall have the right, but shall have no obligation, to use Technological Safeguards in a lawful manner at any time to: (i) monitor access and use of the Service; (ii) detect, document, prevent, limit, deny, interrupt or terminate unauthorized or illegal access to or use of the Service; (iii) protect Intellectual Property Rights of ReloQuest or its third party licensors; (iv) attempt to avoid, limit or mitigate loss to any person and; (v) carry out any obligation of ReloQuest under these Terms of Use.
   4. Security and Other Risks. ReloQuest has implemented, and we maintain and routinely update, appropriate administrative, physical and technical security measures to help protect User Data from unauthorized access. Some of the safeguards we use to protect User Data are firewalls and data encryption, information access controls, controlled access to our facilities, and 24/7 monitoring of our databases. You acknowledge that your acceptance of these Terms of Use and access to and use of the Service are voluntary and undertaken with full knowledge and awareness that such activities necessarily entail risks, including, without limitation, security breaches, unavailability, loss or corruption of data, and other inherent risks associated with computer software, communications via the Internet, electronic communications and Processing. While we take reasonable steps to protect User Data, you should also implement measures to protect your User Data and take special care in deciding what information you send or otherwise make available to us or others. Additionally, you should always back up any User Data or Content. Except as otherwise required by applicable law, ReloQuest shall not be responsible or liable for protecting or for the storage or loss of any of your User Data or Content. ReloQuest is not responsible or liable for the privacy of e-mail communications, Content, User Data, or other information transferred through the Internet or any other network.
   5. Service Modifications and Suspensions. Your use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair, or other actions that we may take in our sole discretion and from time to time. We reserve the right, at any time, to modify, suspend, discontinue, or impose limits or restrict access to or use of the Service (or any part thereof). You agree that ReloQuest shall not be liable to you or to any third party for any modification, suspension, discontinuance, limitation, or restriction of your access to or use of the Service.
6. CONTENT AND USER DATA
   1. User Data. You agree that, with respect to other Users’ User Data that you obtain directly or indirectly from or through the Service or through any Service-related communication, transaction or software, you may use such User Data only to meet an obligation to such User pursuant to the terms of these Terms of Use and consistent with all applicable data privacy and security regulations, and not use any such information for any unlawful purpose or with any unlawful intent. Except as specifically required by applicable law, nothing in these Terms of Use shall be construed to impose any obligation on ReloQuest to backup, store or archive any User Data.
   2. User Data License. User hereby grants to ReloQuest, during use of the Service and indefinitely thereafter, a revocable, royalty-free, fully paid-up, transferrable, non-exclusive right and license to Process and use the User Data: (i) as may be reasonably appropriate or necessary to enable User to access and use the Service and/or to enable ReloQuest to provide the Service or fulfill any obligation of ReloQuest pursuant to these Terms of Use; and (ii) to Process User Data in accordance with these Terms of Use (collectively, the “First User Data License”). User also hereby grants to ReloQuest a perpetual, irrevocable, royalty-free, fully paid-up, transferable, and sublicensable right and license to create and use Aggregated Data (“Second User Data License” and collectively with the First User Data License, the “User Data License”). You acknowledge and agree that ReloQuest owns, without restriction, all Aggregated Data, you have no rights in or to any Aggregated Data, and ReloQuest may use the Aggregated Data for any purpose.
   3. User Content. You acknowledge and agree that if you contribute, provide, or make available any Content through the Service, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, and sublicensable right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display, and otherwise exploit such Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever, provided that with respect to your Personal Information, such right and license is subject to our Privacy Policy and applicable law. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights, including, without limitation, Intellectual Property Rights, of any third party, and (ii) complies with all applicable laws and regulations. In addition, Content must be accurate and truthful. You are responsible for reviewing and ensuring that any Content displayed via the Service appears as you intended. Photographs should depict the actual Rental Accommodation as the main subject of the photograph and may not include children or adults if you do not have their legal consent. You are liable for the accuracy, timeliness, and completeness of all Content, in whatever form, that you provide or otherwise make available to or through the Service, including to other Users. You acknowledge and agree that ReloQuest is not responsible or liable for any such Content. ReloQuest reserves the right , but is not obligated, to monitor and remove any User Content which ReloQuest deems, in its sole discretion, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
   4. Translations and Maps. We cannot guarantee the accuracy or quality of any User-contributed Content which is displayed on User’s Service Portal, and you are solely responsible for review, verification and accuracy of such translation. Maps that are provided by third party sources are subject to the terms and conditions of such third party sources.
   5. International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct, Content, and User Data. By way of illustration and not limitation, you agree to comply with all applicable laws and regulations restricting or otherwise pertaining to the use, transmission, display, exporting, or importing of data, products, services, and/or technical information. We reserve the right, at any time and in our sole discretion, to limit the availability and/or use of the Service to any person, geographic area, or jurisdiction.
   6. Certain Remedial Rights. You acknowledge that ReloQuest does not pre-screen any Content provided or made available by you or any third party in connection with the Service, but that ReloQuest and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Service at any time (with or without notice) for any reason or no reason. You acknowledge and agree that ReloQuest may preserve your Content and may also disclose your Content for any reason, including, without limitation, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any of your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of ReloQuest, its users, and/or the public, provided that Personal information is subject to our Privacy Policy and applicable law.
   7. Network Transmissions. You understand that the technical processing and transmission of your Service Portal, your Content and your User Data may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
   8. Communications. By using the Service, you agree to receive text message and/or e-mails, whether from the Service or directly from ReloQuest or another User, related to Rental Accommodations, customer support requests, and ReloQuest promotional materials, newsletters, marketing, or other information that may be of interest to you based on your preferences. At any time, you can opt out of receiving all or certain future communications from us by changing your preferences in your Profile, Service Portal or contacting ReloQuest at unsubscribe@reloquest.com.
7. INTELLECTUAL PROPERTY RIGHTS
   1. ReloQuest Trademarks. The ReloQuest Trademarks used and displayed in connection with the Service are registered and unregistered trademarks or service marks of ReloQuest. Third Party Trademarks may also be used in connection with the Service. The use of the Service shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Service without the prior written consent of ReloQuest specific for each such use. The Trademarks may not be used to disparage ReloQuest, any third party, or ReloQuest’s or third party’s products or services, or in any manner (in ReloQuest’s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited unless ReloQuest approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any ReloQuest Trademark shall inure to ReloQuest’s benefit.
   2. ReloQuest Copyrights. The ReloQuest Copyrights are the property of ReloQuest or ReloQuest’s Content providers and are protected by U.S. and international copyright laws. You acknowledge and agree that ReloQuest Copyrights presented to you through the Service or by any third party advertisers are protected by all relevant proprietary rights and laws. Except as expressly authorized by ReloQuest or such third party advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on any ReloQuest Copyrights or the Service, in whole or in part.
   3. Content. You acknowledge and agree that all materials, excluding Personal Information, but otherwise including, without limitation, information, data, text, design elements, graphics, images, audio, video, and other Content, contained in or delivered via the Service or otherwise made available by ReloQuest in connection with the Service, is protected by Intellectual Property Rights and other proprietary rights and laws and ReloQuest may own the Content or the Content may be made available to ReloQuest through arrangements with third parties.
   4. Feedback. You may send feedback to ReloQuest about the Service by sending an e-mail to info@ReloQuest.com. You agree that: (i) all such feedback will automatically become the property of ReloQuest; (ii) you are not entitled to any compensation for providing ReloQuest with such feedback or ReloQuest’s use of such feedback; (iii) ReloQuest may use and share any feedback you provide for any purpose; (iv) there is no obligation for ReloQuest to review or use any feedback you provide; and (v) there is no obligation for ReloQuest to keep any feedback confidential.
   5. DMCA. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Service infringes your copyright(s), you (or your agent) may send ReloQuest a notice requesting that the Content be removed, or access to it be blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the services should be sent to:ReloQuest, Inc.
      Attn: DMCA Notices
      2700 S Commerce Pkwy.
      Suite 205
      Weston, FL 33331
      DMCAnotice@ReloQuest.comReloQuest has a policy of terminating, in appropriate circumstances, the Accounts of Users who are deemed repeat infringers or who are repeatedly charged with infringement.
8. CONFIDENTIAL INFORMATION Definition. “Confidential Information” means any and all confidential or proprietary information, including, but not limited to, any and all of the following received by one Party (“Receiving Party”) from or on behalf of the other Party (“Disclosing Party”): operational information, marketing and promotional information, internal policies or procedures, product and service information, trade secrets, techniques, ideas, know-how, analysis, testing and results, personnel information, and personal information, whether tangible or intangible, and transmitted orally, in writing or electronically. Additionally, Confidential Information of ReloQuest includes the features, functionality, and look and feel of the ReloQuest Website. Information is deemed confidential if designated confidential when disclosed to or accessed by the Receiving Party or if the Receiving Party knows or reasonably should know that the information is confidential or proprietary by the nature of the information.Exceptions. Notwithstanding the foregoing, Confidential Information does not include information that: (i) is or becomes part of the public domain without breach of these Terms of Use by or on behalf of the Receiving Party; (ii) Receiving Party can establish in writing was known to Receiving Party on a non-confidential basis prior to disclosure by or on behalf of Disclosing Party; or (iii) Receiving Party can establish in writing has been independently developed by Receiving Party without the use of any Confidential Information of Disclosing Party.Non-Disclosure and Non-Use. Receiving Party shall: (i) not disclose the Confidential Information internally or to any third party, except to Receiving Party’s officers, personnel, licensors, providers, advisors and other representatives (each, a “Confidentiality Representative”) who need to know the Confidential Information to perform an obligation pursuant to these Terms of Use, provided that each such Confidentiality Representative is informed of the confidential nature of the Confidential Information and is bound by confidentiality terms at least as restrictive as those set forth in these Terms of Use; (ii) not use the Confidential Information for any purpose other than pursuant to performing an obligation pursuant to these Terms of Use; (iii) promptly notify Disclosing Party upon discovery of any unauthorized use or disclosure of Disclosing Party’s Confidential Information and take reasonable steps to regain possession of such Confidential Information and prevent further breach of these Terms of Use; (iv) not copy or reproduce any of the Confidential Information without Disclosing Party’s prior written consent; and (v) upon written request of Disclosing Party, promptly return to Disclosing Party or permanently destroy all Confidential Information and all copies thereof (and certify to Disclosing Party the same in writing). Receiving Party shall be responsible for any breach of these Terms of Use by its Confidentiality Representatives.Disclosure Required by Law. If Receiving Party or any of its Confidentiality Representatives becomes legally compelled by a court of competent jurisdiction or order of law enforcement to disclose any Confidential Information, then Receiving Party shall provide Disclosing Party with prompt written notice of such request (unless a court of competent jurisdiction or law enforcement prohibits Receiving Party from providing such notice).Ownership; No License. All Confidential Information, including all copies and derivatives of Confidential Information, are and shall remain the property of Disclosing Party. Receiving Party shall not, by virtue of these Terms of Use or otherwise, acquire any right or license, express or implied, with respect to any Confidential Information. Disclosing Party reserves all rights in the Confidential Information not specifically granted pursuant to these Terms of Use.Termination. Upon the termination of a User’s right to access and use the Service, User shall promptly destroy all Confidential Information of ReloQuest.
9. VIOLATIONS OF THESE TERMS OF USE
   1. Suspension and Termination for Breach. If you breach or are otherwise in noncompliance with these Terms of Use, then ReloQuest will have the right, at ReloQuest’s sole discretion and without prior notice to you, to suspend or terminate your Account. If ReloQuest terminates your right to access and use the Service, you will remain liable, if applicable, for all amounts due pursuant to your use of the Service.
   2. Violations. Please report any violations of these Terms of Use to ReloQuest by e-mail to info@ReloQuest.com.
10. DISCLAIMERS OF REPRESENTATIONS AND WARRANTIES TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, RELOQUEST DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT THIS DISCLAIMER OF WARRANTIES WAS SPECIFICALLY BARGAINED FOR AND YOU’RE YOUR WILLINGNESS TO AGREE TO THIS DISCLAIMER OF WARRANTIES IS MATERIAL TO RELOQUEST’S DECISION TO ENTER INTO THIS AGREEMENT AND SHALL CONTINUE TO APPLY EVEN IF ANY EXCLUSIVE REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE.THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RELOQUEST MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, CURRENT OR COMPLETE; OR (IV) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. RELOQUEST IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, SERVICES, ACTIONS, OR INACTIONS OF ANY USER, GUEST, REQUESTOR, SUPPLIER, OR ANY OTHER THIRD PARTY BEFORE, DURING, AND/OR AFTER A BOOKING. YOU ACKNOWLEDGE THAT RELOQUEST HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF ANY BOOKING, THE TRUTH OR ACCURACY OF ANY CONTENT, OR THE ABILITY OF ANY USER TO PERFORM OR ACTUALLY COMPLETE A BOOKING. RELOQUEST HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL WARRANTIES ARISING FROM, THE ACTS OR OMISSIONS OF ANY USER, GUEST, REQUESTOR, SUPPLIER, OR ANY OTHER THIRD PARTY.RELOQUEST HAS NO CONTROL OVER AND DOES NOT GUARANTEE (I) THE EXISTENCE, QUALITY, SAFETY, SUITABILITY, OR LEGALITY OF ANY RENTAL ACCOMMODATIONS; (II) THE TRUTH OR ACCURACY OF ANY RENTAL ACCOMMODATION, USER, GUEST, REQUESTOR, OR SUPPLIER DESCRIPTIONS, RATINGS, OR REVIEWS; OR (III) THE PERFORMANCE OR CONDUCT OF ANY USER, GUEST, REQUESTOR, SUPPLIER, OR OTHER THIRD PARTY. RELOQUEST DOES NOT ENDORSE ANY RENTAL ACCOMMODATION, USER, GUEST, REQUESTOR, SUPPLIER, OR ANY OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY USER’S, GUEST’S, REQUESTOR’S, OR SUPPLIER’S IDENTITY OR BACKGROUND OR WHETHER THE USER, GUEST, REQUESTOR, OR SUPPLIER IS TRUSTWORTHY OR A RENTAL ACCOMMODATION IS SAFE OR SUITABLE. GUESTS SHOULD ALWAYS EXERCISE DUE DILIGENCE AND CARE WHEN DECIDING WHETHER TO BOOK AND/OR STAY IN A RENTAL ACCOMMODATION.AS A CONVENIENCE TO OUR USERS, WE MAY PROVIDE, OR THIRD PARTIES MAY PROVIDE, LINKS TO THIRD PARTY WEBSITES OR RESOURCES. THE LINKED WEBSITES ARE NOT UNDER OUR CONTROL, AND WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY, OR LEGALITY OF ANY SUCH WEBSITES OR RESOURCES. YOU ACKNOWLEDGE AND AGREE THAT RELOQUEST IS NOT RESPONSIBLE FOR THE AVAILABILITY OR UNAVAILABILITY OF SUCH WEBSITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH WEBSITES OR RESOURCES. WE ENCOURAGE YOU TO BE AWARE OF WHEN YOU LEAVE THE RELOQUEST WEBSITE AND TO READ THE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY OF EACH WEBSITE YOU VISIT.
11. LIMITATIONS OF LIABILITY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, RELOQUEST WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICE OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, FOR (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR SUBSTITUTE SERVICES, LOSS OF USE, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF PRIVACY, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF RELOQUEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE ACTIONS, OMISSIONS, REPRESENTATIONS, WARRANTIES, OR OBLIGATIONS OF THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, SUPPLIERS, OR (III) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF USD $100. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY WERE SPECIFICALLY BARGAINED FOR AND THAT YOUR WILLINGNESS TO AGREE TO THESE LIMITATIONS OF LIABILITY ARE MATERIAL TO RELOQUEST’S DECISION TO ENTER INTO THIS AGREEMENT AND SHALL CONTINUE TO APPLY EVEN IF ANY EXCLUSIVE REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE.
12. INDEMNIFICATIONYou agree to indemnify, defend and hold harmless ReloQuest and its affiliates, and each of its and their respective principals, shareholders, members, managers, directors, officers, employees, agents and other representatives, from and against any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation (each a “Claim”) due to or arising out of: (i) your use of the Service; (ii) your Content and/or User Data infringing a third party’s Intellectual Property Rights; (iii) any error, defect, or incompleteness of your Content and/or User Data; (iv) your interaction with any User or Guest; (v) your stay at a Rental Accommodation, including, without limitation, death, bodily injury, property damage or tort taking place in, or caused by any act, omission or event taking place in any Rental Accommodation; or (vi) your breach of any laws, rules, regulations, these Terms of Use, our Privacy Policy, the Terms of Reservation, or third party rights. ReloQuest shall provide notice to you of any such Claim, provided that the failure or delay by ReloQuest in providing such notice shall not limit your indemnification obligations pursuant to this section. ReloQuest reserves the right to assume the exclusive defense and control of any matter, at your sole cost and expense, which is subject to indemnification under this section, and in such case, you agree to cooperate with all reasonable requests in assisting ReloQuest’s defense of such matter.
13. DISPUTE RESOLUTION
    1. Arbitration. Any controversy, claim, or dispute arising, directly or indirectly, out of these Terms of Use or the Service, including, without limitation, the applicability or scope of these terms to arbitrate, shall be determined by final, binding arbitration (“Arbitration”). The Arbitration shall be administered in English by JAMS pursuant to JAMS’ International Arbitration Rules for three (3) arbitrators (“Rules”). If the Parties are unable to mutually agree on an arbitrator within fifteen (15) days of the notice of arbitration, the arbitrator shall be appointed by JAMS in accordance with the Rules. The venue for the Arbitration will be in Miami-Dade County, Florida. The Parties shall maintain the confidential nature of the Arbitration proceedings, hearing and award, except as is necessary (i) to compel Arbitration; (ii) to enforce an Arbitration award; or (iii) for an injunctive relief action. Any Arbitration award or decision will be final and binding on the Parties, and judgment upon any such award may be entered in any court having competent jurisdiction to enforce such an award. Except as otherwise specifically set forth in these Terms of Use, no action at law or in equity based upon any claim relating, directly or indirectly, to these Terms of Use or the Service may be instituted in any court by any Party, except (a) an action to compel Arbitration pursuant to this section; (b) an action to enforce an award obtained in an Arbitration proceeding in accordance with this section; or (c) an action for injunctive relief. Any Arbitration relating, directly or indirectly, to these Terms of Use or the Service must occur on an individual basis, and class arbitrations and class actions are hereby specifically agreed to as not permitted.
    2. Governing Law; Venue; Jurisdiction. These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of Florida (without giving effect to principles of conflicts of laws). The U.N. Convention on Contracts for the International Sale of Goods is expressly excluded. For any action or proceeding arising out of or relating to these Terms of Use or the Service, you and ReloQuest each expressly consent to the (i) venue of Broward County, Florida, USA, and each Party hereby expressly waives any objection to such venue based upon forum non-conveniens or otherwise; and (ii) jurisdiction of the state and/or federal courts in and/or for Broward County, Florida, USA.
    3. Injunctive Relief. ReloQuest will have the right, in addition to ReloQuest’s other rights and remedies, to seek injunctive relief in court for any violation of these Terms of Use or otherwise relating to the Service.
    4. Prevailing Party Attorneys’ Fees. In the event of any arbitration, legal or equitable action or proceeding arising out of or relating to these Terms of Use or the Service, the prevailing party in such arbitration, legal or equitable action or proceeding shall be entitled to an award of their reasonable attorneys’ fees and costs (including, without limitation, all taxable and non-taxable costs, and all fees and costs to determine the amount of fees and costs to be awarded) incurred prior to any such arbitration, legal or equitable action or proceeding, as well as at all levels of trial and appeal.
    5. Jury Trial Waiver. YOU AND RELOQUEST EACH HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY FOR ANY LEGAL PROCEEDING ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE SERVICE. YOU AND RELOQUEST EACH, ON THEIR OWN BEHALF (I) CERTIFY THAT NO REPRESENTATIVE, AGENT, OR ATTORNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER; AND (II) ACKNOWLEDGE THAT IT HAS BEEN INDUCED TO ENTER INTO THESE TERMS OF USE BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS WAIVER OF JURY TRIAL.
14. GENERAL
    1. Entire Agreement. These Terms of Use (which includes our Privacy Policy and, as applicable, the Terms of Reservation) constitute the entire agreement between you and ReloQuest and governs your use of the Service, superseding any prior or contemporaneous agreements, proposals, discussions, or communications between you and ReloQuest on the subject matter hereof, other than any written agreement between you and an authorized officer of ReloQuest relating to a specified event or events. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content, third party software or the Service in a manner other than as governed by these Terms of Use.
    2. Modification. ReloQuest may update these Terms of Use at any time and from time to time by posting such updates on this web page and either providing notice to the last e-mail address you provided to us or providing you with notice by other similar means, including, without limitation, providing you with notice upon your next attempt to access the Service. If an update changes how we use your Personal Information or applicable law otherwise requires your consent, we will also seek your consent prior to such update applying to you. Upon providing notice as noted above, updates which do not require your consent will be effective regardless of whether your consent is obtained.
    3. Waiver. The failure or delay of ReloQuest to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever.
    4. Binding Effect. Except as expressly provided in these Terms of Use, nothing in these Terms of Use will confer any rights or remedies under or by reason of these Terms of Use on any person or entity other than the Parties and their respective successors and permitted assigns.
    5. No Assignment. You shall not assign these Terms of Use, or any right or obligation pursuant to these Terms of Use, without the prior written consent of ReloQuest.
    6. Severability. If any provision of these Terms of Use is found by an arbitrator or court of competent jurisdiction to be invalid, then such determination shall not affect the validity or enforceability of the remaining provisions of these Terms of Use.
    7. Notices. All notices required pursuant to these Terms of Use shall be deemed delivered upon receipt. Notices to you may be sent to the last address you provided to us. Any notice from you to ReloQuest shall be sent to notices@ReloQuest.com or such other ReloQuest e-mail address communicated to you for sending notices.
    8. Independent Contractor. The relationship of the Parties to one another is, and shall at all times remain, solely that of independent contractors. Nothing in these Terms of Use, or any course of performance hereunder, shall create any joint venture, partnership, or franchise or to constitute a Party as principal, agent, master, servant, employer, employee, or fiduciary of the other Party. No Party nor any of its agents, shall have any express or implied power or authority of any kind to act on behalf of the other Party, or to bind the other Party or to incur any form of liability or obligation on behalf of the other Party.
    9. Cumulative Remedies. The rights and remedies set forth in these Terms of Use are cumulative and concurrent and may be pursued separately, successively or together.
    10. Time to File Claim. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within two (2) years after such claim or cause of action arose or be forever barred.
    11. Export. The Service is controlled and operated by ReloQuest in the United States. The Service may be subject to United States export controls. The Service shall not be accessed or used by a national or resident of any country to which the U.S. has embargoed services. By using the Service, you represent and warrant that you are not located in, and are not a national or resident of, any such country. Further, the Service shall not be accessed or used by any person or entity appearing on the Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List or the Bureau of Industry and Security’s Denied Persons List. By using the Service, you represent and warrant that you are not a person or entity, or under the control of or affiliated with a person or entity, that appears on any such list.
    12. Non-Discrimination Policy. ReloQuest is committed to an inclusive marketplace built on a foundation of trust, safety, and respect, and to a global platform that is open to travelers, owners, and property managers without regard to race, color, religion, national origin, ancestry, disability, sex, gender identity, sexual orientation, or marital status. We expect all Users to demonstrate respect and tolerance in all interactions with other Users, both online and off-line, and we reserve the right to remove anyone from our marketplace who fails to abide by these principles.
    13. Force Majeure. Except for obligations of payment, if either Party is prevented from performing any of its obligations under these Terms of Use by circumstances beyond its reasonable control, including, without limitation, as a result of labor disputes, fires, earthquakes, explosions, floods, acts of God, war or other hostilities, civil commotion, breakdown of machinery not owned by a Party, domestic or foreign governmental acts, orders or regulations and inability or difficulty in obtaining supplies, then the Party so affected shall be excused from its performance under these Terms of Use so long as such condition exists.
    14. Agreement to Be Bound and Survival. Your agreement to be bound by these Terms of Use commences with the earlier of your click-accepting these Terms of Use, your accessing or using the Service, or otherwise submitting information to ReloQuest through the Service. Your agreement to be so bound will continue until these Terms of Use are terminated pursuant to the terms of these Terms of Use or your right to access and use the Service is terminated, subject to the survival of each of each of the following provisions, which will survive the termination of your right to access and use the Service: Sections 1, 2.2 through 2.4, 3.5, 4.11, 5.3, 5.5, 6.1 through 6.3, and 7 through 14 of these Terms of Use, and any payment obligation pursuant to these Terms of Use. If, following the termination of your right to access and use the Service, you access or use the Service or otherwise submit information through the Service, then you again, automatically and immediately, are bound by these Terms of Use.
    15. Counterparts and Electronic Versions. These Terms of Use may be accepted in multiple counterparts, each of which shall be deemed to be an original and of equal force and effect, and all of which taken together shall constitute one and the same instrument. These Terms of Use may be executed in electronic format and/or with digital signatures, each Party reserves the right to only maintain an executed copy of these Terms of Use in electronic form, and each Party hereby agrees that a print-out of such electronic form of these Terms of Use will be deemed an original for all purposes relating to the enforceability of the terms and conditions of these Terms of Use.

Last Updated: January 16, 2021