ReloQuest® Terms of Service

ReloQuest, Inc. (“ReloQuest”, “we”, “us”, or “our”) provides a web-based service for Requestors to request and book Rental Accommodations from Suppliers, and for Suppliers to offer and provide Rental Accommodations for Requestors.

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

If you are click-accepting these Terms of Service and our Privacy Policy in your capacity as a Guest, then (i) references to “you” and “your” in these Terms of Service and our Privacy Policy apply to you, individually; (ii) you, your Entity Requestor, and ReloQuest shall be the only parties to these Terms of Service and our Privacy Policy; and (iii) you, your Entity Requestor, and ReloQuest may be referred to in the singular as “Party” or in the plural as “Parties.”

If you are click-accepting these Terms of Service and our Privacy Policy in your capacity as a non-Guest User, then (i) references to “you” and “your”in these Terms of Service and our Privacy Policy apply to you, individually, and the Customer which has authorized you to access and use the Service on behalf of such Customer; (ii) you, such Customer, and ReloQuest shall be the only parties to these Terms of Service and our Privacy Policy; and (iii) you, such Customer, and ReloQuest may be referred to in the singular as a “Party” or in the plural as “Parties.”

BY CLICKING THE "I AGREE" BUTTON, YOU ACKNOWLEDGE AND AGREE THAT (A) YOU OR, IF APPLICABLE, YOU ON BEHALF OF THE APPLICABLE CUSTOMER, HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE AND OUR PRIVACY POLICY; (B) YOU ARE 18 YEARS OF AGE OR OLDER AND OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT; (C) IF APPLICABLE, CUSTOMER IS A DULY ORGANIZED, VALIDLY EXISTING LEGAL ENTITY IN GOOD STANDING UNDER THE LAWS OF THE JURISDICTION IN WHICH SUCH CUSTOMER IS ESTABLISHED; (D) IF APPLICABLE, YOU ARE AUTHORIZED TO ACCEPT THESE TERMS OF SERVICE AND TO ACCESS AND USE THE SERVICE ON BEHALF OF THE APPLICABLE CUSTOMER; AND (E) YOU AND, IF APPLICABLE, YOU ON BEHALF OF SUCH CUSTOMER ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, NEITHER YOU NOR CUSTOMER ARE AUTHORIZED TO ACCESS OR USE THE SERVICE.

DEFINITIONS

The capitalized terms set forth above, as well as the following capitalized terms, will have the meanings set forth, as applicable, above or the following:
“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.
“Booked Day” means each day or night (as determined by the Profile or Reservation Confirmation) of a Booking.
“Booking” means the selection by a Requestor of an available Option for use of a Rental Accommodation for one or more Booked Days, which will automatically notify Supplier of the selection through Supplier’s Service Portal.
“Cancellation” means the cancellation or termination of a Reservation Confirmation.
“Company” means, if applicable, the entity that employs or engages a Guest.
“Content” means 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 a Service Portal or the ReloQuest Website by a Guest, a Customer, a User or ReloQuest, or otherwise made available by ReloQuest in connection with the Service.
“Customer” means an Entity Requestor or Supplier, as applicable.
“Customer Content” means Content provided by a Guest or Customer.
“Entity Requestor” means the Company or the third party entity engaged by the Company, as applicable, which has registered with ReloQuest and uses the Service either to send Requests and search through Options to present to a Guest for Booking or to send a Guest a hyperlink or other means of accessing the Service for the Guest to use the Service to directly send Requests, search through Options, and/or make the Booking.
“Fees” means any and all fees and charges payable or paid pursuant to these Terms of Service, including, without limitation, Rental Accommodation Charges, service fees and third party fees.
“Fully-Managed Service” means a Requestor has chosen to have ReloQuest handle the billing and collection of payments for a Booking, the Requestor will pay ReloQuest all applicable Fees for such Booking, and then ReloQuest will pay the Supplier the Rental Accommodation Charge for the Booking. Additionally, a Requestor may select the Fully-Managed Service to have ReloQuest coordinate all customer service and resolution of issues for a Booking.
“Guest”means the individual who will reside in the Rental Accommodation, as well as, as applicable, such individual’s family who will reside in the Rental Accommodation.
“Guest Requestor” means a Guest who has registered with ReloQuest and, unassisted by an Entity Requestor, uses the Service either to directly send Requests, search through Options, and make the Booking or to directly search the Service for Options that have been posted to the Service by Suppliers without a Request and make the Booking.
“Hotel Reservation”“Hotel Reservation” means a Booking for a hotel room.
“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.
“Invoice” means a ReloQuest Invoice or Supplier Invoice, as applicable.
“Lease” means a separate written lease agreement entered into directly by the Requestor and Supplier for a Booking pursuant to Requestor’s use of the Legacy Self-Managed Service.
“Legacy Self-Managed Service” means Requestor’s use of the Self-Managed Service where Requestor enters into a Lease directly with a Supplier for a Booking.
“Option” means a tailored Property Profile offer submitted by a Supplier to a Requestor in response to a Request from such Requestor or to the Service for browsing by Guest Requestors, as applicable, which sets forth Supplier’s Rules and Policies for the Booking and the Rental Accommodation.
“Payment Method” means a financial instrument used for payments or payouts including, but not limited to, check, credit/debit card, ACH or wire.
“Payment Service” means any and all payment processing services provided by ReloQuest’s third party payment processor(s) for processing payments for Guests to use a Rental Accommodation and distribution or payout of such payments to ReloQuest or a Supplier, as applicable.
“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 the Customer administrative profile for the Service prepared by the Customer and uploaded via the Customer’s Service Portal.
“Property Profile” means details about a Rental Accommodation property, including, without limitation, the address, amenities, features and description of the Rental Accommodation.
“ReloQuest Invoice” means a document or electronic statement generated pursuant to a Reservation Confirmation and provided by ReloQuest to the Requestor reflecting all of the Fees incurred by the Requestor.
“ReloQuest Service Fee” means the service Fee that ReloQuest charges for a Booking or other access to or use of the Service as set forth in the billing and payment terms displayed in a Requestor’s Profile, as well as in each Request.
“ReloQuest Website” means the website owned and operated by ReloQuest, which ReloQuest uses to provide the Service.
“Rental Accommodation” means any temporary or vacation apartments, homes, hotels or other housing or serviced apartments made available for Booking through the Service.
“Rental Accommodation Charge” means the rent, daily or nightly charge, or other fees related to a Rental Accommodation which a Supplier charges for a Rental Accommodation, including, without limitation, the room rate, taxes, deposits, and any applicable accommodation or room fees such as parking fees, pet fees, application fees, and resort fees.
“Request” means a tailored request for a Rental Accommodation submitted by a Requestor to Suppliers, which describes the Requestor’s requirements for a Rental Accommodation.
“Requestor” means the Entity Requestor or the Guest Requestor, as applicable.
“Reservation Confirmation” means a Booking confirmation generated after the Requestor selects an Option and the Supplier acknowledges the Booking.
“Self-Managed Service” means a Requestor has chosen to have the Supplier handle the billing and collection of payments for a Booking, the Requestor will pay the Supplier directly all applicable Fees for a Booking, and the Supplier will pay ReloQuest the applicable ReloQuest Service Fee.
“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 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.
“Supplier” means a person or entity which has registered with ReloQuest and uses the Service to list Rental Accommodations and submit Options for Bookings by Requestors.
“Supplier Invoice” means a document or electronic statement generated pursuant to a Reservation Confirmation and provided by Supplier to ReloQuest or Requestor, as applicable, reflecting the Fees incurred by the Requestor.
“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.
“Third Party Equipment” means any Customer, Guest or third party hardware, software, equipment, facilities, network, system or service required or otherwise used to access and/or use the Service.
“User” means an employee or contractor of a Customer who is authorized by the applicable Customer to access and use the Service on behalf of such Customer, a Guest or a Guest Requestor who accesses and uses the Service.
“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 or otherwise makes available or is collected from a User for Processing through or using the Service.
USE OF THE SERVICE
1. Right to Access and Use.Subject to and expressly conditioned on your compliance with these Terms of Service and our Privacy Policy, including timely payment of all amounts owed, ReloQuest provides you with access to and use the Service as described in these Terms of Service until such time as such access to and use the Service is terminated. This limited right to access and use the Service only applies to Users who have click-accepted these Terms of Service and our Privacy Policy, 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. Privacy Policy. All information provided by you or otherwise collected by ReloQuest in connection with your access to and use of the Service is governed by ReloQuest's Privacy Policy, and, if applicable, ReloQuest’s standard Data Processing Addendum, which is hereby incorporated into and made a part of the Privacy Policy by reference. To access and use the Service, you must click-accept these Terms of Service and the Privacy Policy. If you are click-accepting these Terms of Service and the Privacy Policy for a Customer, then you must also click-accept the Data Processing Addendum. While we take reasonable steps to protect User Data, you should implement measures to protect your Personal Information, User Data, and other information that is important. Requestors and Suppliers represent and warrant to ReloQuest that, at all times during the Term, such Requestor or Supplier, as applicable, shall maintain privacy and data security practices and procedures at least as stringent as the practices and procedures set forth in the Privacy Policy. Except as provided by applicable law, ReloQuest shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network. Except as provided by applicable law, ReloQuest does not control and shall not be responsible for your acts.
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 and use of the Service, including any transactions entered into on your Service Portal, if applicable, or otherwise through the Service. You are liable for any breach of these Terms of Service by you and, if you are a Customer, by any of your Users. If you are a Supplier, you further agree that you are responsible for, and will abide by, all laws, rules, ordinances, and regulations applicable to the listing of your Rental Accommodation(s) and the conduct of your rental business, including, but not limited to, those relating to taxes, credit/debit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable.
4. Restrictions on Use of the Service. You agree not to use the Service, or any part thereof, to:
  - upload, post, e-mail, transmit, or otherwise make available any Content or User Data that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
  - upload, post, e-mail, transmit, or otherwise make available any Content or User Data that is false, inaccurate, incomplete, untimely, or misleading;
  - target or harm minors in any way;
  - 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;
  - 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;
  - forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content or User Data transmitted through the Service;
  - upload, post, e-mail, transmit, or otherwise make available any Content or User Data that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  - upload, post, e-mail, transmit, or otherwise make available any Content or User Data that infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any person or entity;
  - upload, post, e-mail, transmit, or otherwise make available any Content or User Data related to the sale, lease, rental, or provision of goods and services other than any Content or User Data related to the sale, lease, rental, or provision of Rental Accommodations and related goods and services offered by Suppliers in conjunction with Rental Accommodations;
  - upload, post, e-mail, transmit, or otherwise make available any Content or User Data that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Service in a manner not permitted by these Terms of Service or expressly authorized by ReloQuest;
  - 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 or unintentionally violate any applicable law or regulation;
  - use an inappropriate username of any kind;
  - 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;
  - stalk or otherwise harass any person or entity; or
  - collect or store Personal Information about other Users in connection with the prohibited conduct and activities set forth in paragraphs above.
5. Additional Restrictions. Except as otherwise permitted in these Terms of Service, you shall not, and shall not purport to authorize, knowingly induce, or knowingly permit, any other person to, or attempt to:
  - download, copy, publish or transmit any of the Service, including, but not limited to, your Service Portal;
  - modify, tamper with, adapt, translate, enhance or prepare derivative works or improvements of the Service or your Service Portal, or any portions thereof;
  - rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available to any person, the Service or your Service Portal;
  - reverse engineer, disassemble, decompile, decode, or decrypt the Service;
  - intentionally bypass, breach, disable or defeat any Technological Safeguard or other protection used in, or in connection with, the Service;
  - remove, alter, obscure, translate, combine, supplement or otherwise change any portion of 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 use of the Service;
  - access, use, or permit any other person to access or use the Service in any manner that violates these Terms of Service, or any applicable law, or that infringes any Intellectual Property Right of ReloQuest or any other person;
  - allow another Customer, a User of another Customer, or any third party to access your Service Portal or the Service through your Account;
  - 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;
  - at any time, use, develop, distribute, or aid others in developing any software or service which is substantially functionally similar to, or competitive with, the Service, and/or which infringes any Intellectual Property Rights of ReloQuest; or
  - except as expressly authorized by ReloQuest in writing or in connection with use of the intended functionality of the Service, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of any Content, or post any Content on any other website or in a networked computer environment for any purpose. You shall use the Content only for purposes that are permitted by these Terms of Service and any applicable laws and regulations. Any rights not expressly granted in these Terms of Service are reserved.
ACCOUNT SETUP
1. Account, Username and Password. Each User shall have a personal, non-transferable Account, as well as a unique username and password for access to such User’s Account, and, in the case of a Customer, the Customer’s Service Portal. The Account, username and password shall not be shared or used by more than one person. If you are a Customer, you must maintain a complete, accurate and up to date list of all of your Guests, Users and non-Guest Users and make such list immediately accessible to ReloQuest at all times. Accounts are subject to revocation or suspension by ReloQuest without advance notice for any lawful reason. 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 or Service Portal to any other User or any other person or entity.
2. Profile. Upon registering for an Account, each Customer shall upload a Profile to the Customer’s Service Portal. Customers may use the Profile to contact another Customer for administrative purposes only. Each Customer is solely responsible for ensuring all information in such Customer’s Profile is at all times accurate and up to date, and ReloQuest shall have no liability for any misrepresentations in any Profile.
3. Property Profile. Each Supplier shall upload a Property Profile, which shall at all times be accurate and up to date, for each of Supplier’s Rental Accommodations for Requestors to review and consider for a Booking. Each Supplier is solely responsible for the accuracy of each of Supplier’s Property Profiles, and ReloQuest shall have no liability for any misrepresentations in any Property Profile.
4. Account Security.You agree to (i) keep your username and password secure and strictly confidential, and in the case of Customer, provide it only to authorized Users, (ii) instruct each authorized person to whom you give your username and password that he or she is not to disclose it to any unauthorized person, and (iii) 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. Further, 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, as well as terminate your access to and use of the Service.
5. 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 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. 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.
6. Account Suspension and/or Termination. ReloQuest, in its sole discretion and at any time, may suspend and/or terminate your Account and/or your right to access and/or use the Service, and, except as provided by applicable law and our Privacy Policy, remove and discard any and all of your Content and User Data, for your lack of use of the Service, failure to timely pay any Fees or other monies due, other non-performance of an obligation, conflict of interest, or if ReloQuest determines (in ReloQuest’s sole discretion) that you have violated or acted inconsistently with these Terms of Service. You agree that any suspension or termination of your Account and/or termination of your right to access and/or use the Service 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. Further, you agree that ReloQuest shall not be liable to you or any third party for suspension or termination of your Account and/or termination of your right to access and/or use the Service.
BOOKING PROCESS
1. Requests. To find a Rental Accommodation for a Guest, Entity Requestor must submit a Request to Suppliers through the Entity Requestor’s Service Portal. Where Entity Requestor chooses to allow the Guest to directly submit a Request to Suppliers, Entity Requestor may use the Service to provide the Guest with a hyperlink or other means of accessing the Service, which enables such Guest to submit a Request directly to Suppliers. Each Request will indicate whether the Entity Requestor will be using the Self-Managed Service, the Fully-Managed Service, or the Legacy Fully-Managed Service for such Request. Guest Requestors may submit Requests directly to Suppliers through the Service or may search the Service for Options that have been posted to the Service by Suppliers without a Request.
2. Options. Upon receiving a Request from an Entity Requestor or such Entity Requestor’s Guest, Supplier may provide one or more Options in response to the Request to Entity Requestor through Entity Requestor’s Service Portal. Where Entity Requestor chooses to allow the Guest to review the Options, such Entity Requestor 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. Upon receiving a Request from a Guest Requestor, Supplier may provide one or more Options in response to the Request to Guest Requestor through the Service. Suppliers may also post Options to the Service for general browsing by Guest Requestors.
3. Booking. Entity Requestors can select an available Option to create a Booking through such Entity Requestor’s Service Portal. Where Entity Requestor chooses to allow the Guest to make a Booking, Entity Requestor may use the Service to provide the Guest with a hyperlink or other means of accessing the Service, which enables such Guest to select an available Option to create a Booking. Guest Requestors can directly select an available Option through the Service to create a Booking.
4. Reservation Confirmation. Once an Option has been selected and a Booking has been created, the applicable Supplier shall acknowledge or decline the Booking. If the Supplier acknowledges the Booking, then a Reservation Confirmation is created and provided to both the Requestor and Supplier via their Service Portals or by text message or e-mail, as applicable, to confirm the Booking of the Rental Accommodation based on the terms set forth in the Option (which is also set forth in the Reservation Confirmation). If the Supplier declines the Booking, then the Requestor will be notified through the Entity Requestor’s Service Portal or a text message or e-mail, as applicable, and provided the option to select another Rental Accommodation from the Options previously provided.
5. Supplier’s Rules and Policies. Upon completion of a Booking, a legally binding agreement is formed between Requestor and Supplier, which includes any additional rules and policies provided by Supplier through Supplier’s Service Portal and Supplier’s Options (“Supplier’s Rules and Policies”), including, but not limited to, rules and policies related to the term and duration of the Booking, dates of availability, pricing, cancellation, pets, notices to vacate, extensions, early departures, utilities allowance and overcharges, smoking, background check, security deposit, and additional Supplier services. Supplier’s Rules and Policies will only apply to a Booking if Supplier’s Rules and Policies are clearly posted in Supplier’s Service Portal and Supplier’s Option. Supplier shall be solely responsible for keeping Supplier’s Rules and Policies accurate and up to date at all times. ReloQuest shall have no responsibility or liability for any of Supplier’s Rules or Policies. If there is a conflict between Supplier’s Rules and Policies and any provision set forth in Section 5 of these Terms of Service, then Supplier’s Rules and Policies shall prevail. If there is a conflict between Supplier’s Rules and Policies and any provision of these Terms of Service other than those provisions set forth in Section 5 of these Terms of Service, then these Terms of Service shall prevail.
6. Lease Terms. If Requestor is using the Legacy Self-Managed Service for a Booking, then Requestor and Supplier may directly enter into a separate Lease for such Booking, which Lease shall be binding upon Requestor and Supplier with respect to the Booking and the Rental Accommodation for the Booked Days. If there is a conflict between the Lease and any provision set forth in Section 5 of these Terms of Service, then the Lease shall prevail. If there is a conflict between the Lease and any provision of these Terms of Service other than those provisions set forth in Section 5 of these Terms of Service, then these Terms of Service shall prevail. For all other Bookings, or if the Requestor or Supplier did not enter into a separate Lease, then the provisions set forth in Section 5 of these Terms of Service shall apply to the Booking and the Rental Accommodation for the Booked Days.
7. Supplier Mandated Background Checks, Additional Information and Separate Agreements. You acknowledge and agree that, during the Booking process, for purposes required by Supplier and/or the Rental Accommodation, Supplier reserves the right to require that Requestor and/or Guest submit to a background check (including an independent credit and/or criminal history check), provide additional information or enter into one or more separate agreements. If any of the terms set forth in any such separate agreement conflict with any of the terms set forth in the Reservation Confirmation, then the terms set forth in the Reservation Confirmation shall prevail. ReloQuest does not in any way participate in or otherwise affect the decision of a Supplier relating to background checks, additional information or separate agreements. If you do not wish to comply with any such requirement by a Supplier, your only recourse is to not complete the Booking with such Supplier. Entity Requestor, and not ReloQuest, is solely responsible for obtaining prior written consent from Guest for the provision of any Guest information, including any such additional information required by Suppler, to Supplier.
8. Compliance with Local Laws. Each Supplier is responsible for identifying, understanding, and complying with any and all local laws, rules and regulations applicable to such Supplier’s Rental Accommodations, including, but not limited to, laws governing notice to vacate, hold-over occupancy, and Supplier’s access to the Rental Accommodation during Guests’ stay. Each Guest is responsible for identifying, understanding, and complying with, and for ensuring all of Guest’s visitors to the Rental Accommodation comply with, any and all local laws, rules and regulations applicable to such Guest’s Booking and stay at the Rental Accommodation.
9. Condition of Rental Accommodation. It shall be conclusively presumed that the Rental Accommodation is in good condition and repair and claim at the time of occupancy, unless Requestor notifies ReloQuest and Supplier within twenty-four (24) hours of occupancy in accordance with Section 9.1 of these Terms of Service.
RELOQUEST LEASE TERMS
1. Guest Acknowledgements. ReloQuest does not own, sell, resell, provide, control, manage, offer, deliver or supply any Rental Accommodations, nor is ReloQuest a real estate broker, an insurer or an organizer of travel packages. You acknowledge and agree that you alone are responsible and liable for any damages to the Rental Accommodations and any associated services, including any personal or property damage that occurs in or to the Rental Accommodations. You alone are responsible for your own acts and omissions and any acts and omissions of any individuals whom you provide access to the Rental Accommodation, including, but not limited to, pets, cleaning personnel or persons who exceed the maximum number of occupants allowed in the Rental Accommodation. When a Supplier acknowledges a Booking with a Requestor, the Supplier is entering into a contract directly with the Requestor. ReloQuest is not and does not become a party to, or other participant in, any contractual relationship between you and another User or Customer. ReloQuest is not acting as an agent in any capacity for any User or Customer. Except as otherwise provided under these Terms of Service, ReloQuest is not liable for the collection or remittance of any balances owed by a Requestor or Guest.
2. Guest Alterations to Rental Accommodation. Guest agrees not to make any alterations, installations, repairs or redecorations of any kind, whether permitted by law or otherwise, to the Rental Accommodation without written permission of Supplier.
3. Unreturned/Replaced Items. Guest and/or Requestor may be charged, at Supplier’s discretion, for any lost, damaged or unreturned items, including, but not limited to, cable box, remotes, access cards, keys, electronic access devices, etc. The amounts shall be determined by Supplier and such amounts and any backup documentation shall be provided by Supplier to ReloQuest, Guest and Requestor within three (3) business days after Guest’s departure from the Rental Accommodation or as earlier required of a landlord by local law (“Damage Notice”). The Requestor or Guest, as designated by the Requestor (party that is financially responsible), shall respond to the Supplier and ReloQuest within fifteen (15) days of receipt of the Damage Notice or as earlier required by local law for a renter.
4. No Subletting or Assignment. Neither Guest nor Requestor may sublet or assign the Rental Accommodation without the prior written consent of Supplier and ReloQuest. Any sublet or assignment will not release Guest or Requestor from liability.
5. Nature of Occupancy.Guest’s use and occupancy of the Rental Accommodation is of a transient nature, and the Rental Accommodation is not intended to be a permanent residence of Guest. Guest’s occupancy and use of the Rental Accommodation will not create any landlord/tenant relationship. These Terms of Service are not a lease and are not intended to convey to Guest any real property interest or estate in or to any or part of the Rental Accommodation. Guest’s use and occupancy of the Rental Accommodation is of a personal nature and will not be used for business or commercial purpose.
6. Number of Occupants. Supplier will designate, and Guest will adhere to, the maximum number of occupants permitted to stay in the Rental Accommodation and utilize the building amenities.
7. Extension Charges. Guest agrees to leave the Rental Accommodation no later than the checkout date and time designated by Supplier in the Reservation Confirmation, or such other date and time as mutually agreed upon between Guest or Requestor and Supplier, subject to any applicable additional Fees and charges. If you stay past the agreed upon checkout date and time without Supplier’s consent (“Overstay”), you no longer have a license to stay in the Rental Accommodation and Supplier is entitled to make you vacate the premises in a manner consistent with applicable law. In the event of an Overstay, you agree to pay, if requested by Supplier, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, up to two (2) times the average nightly rate originally paid by you, including any and all applicable taxes and any legal expenses incurred by Supplier to make you vacate the premises.
CHARGES AND FEES
1. Rental Accommodation Charge. By clicking the "I agree" button for a Booking, you acknowledge and agree that (i) you authorize either ReloQuest or the Supplier, as applicable, to charge your Payment Method as set forth in the Reservation Confirmation, the service agreement by and between ReloQuest and the Entity Requestor (“Service Agreement”), any Invoices and, if applicable, any Lease; (ii) all subsequent charges incurred by you will be subject to the billing and payment terms set forth in the Reservation Confirmation, the Service Agreement, any Invoices and, if applicable, any Lease; and (iii) you will pay all Fees set forth in the Reservation Confirmation, the Service Agreement, any Invoices and, if applicable, any Lease. You are responsible for reviewing and confirming all information and terms set forth in the Reservation Confirmation, including, but not limited to, any and all amounts due or which may be incurred related to a Booking or Rental Accommodation. Once a Reservation Confirmation has been generated, no information or term set forth in the Reservation Confirmation may be modified unless agreed to by the applicable Requestor and Supplier in writing and notice of such written agreement is provided to ReloQuest. ReloQuest reserves the right to present ReloQuest Invoices to Requestor by any means, as determined solely by ReloQuest, including, but not limited to, through text messages, e-mails, the Entity Requestor’s Service Portal, or otherwise through the Service. Failure of ReloQuest to provide a timely ReloQuest Invoice does not relieve Requestor’s obligation to timely pay such Invoice. All payments by Requestor to Supplier or ReloQuest, as applicable, will be in USD, unless otherwise indicated on Entity Requestor’s Profile, which other currency requires ReloQuest’s prior, written approval.
2. ReloQuest Service Fee. The ReloQuest Service Fee covers the use and maintenance of the Service, including such features as 24/7 telephonic support available to Requestors. Depending on the laws of the jurisdiction, taxes may be charged on top of the ReloQuest Service Fee. Prior to Booking, the ReloQuest Service Fee and charges (and any estimated taxes, if applicable) will be displayed on your Service Portal as an estimated total. For the Self-Managed Service, the exact ReloQuest Service Fee will be displayed in the Reservation Confirmation, in your Profile and/or in the ReloQuest Invoice. For the Fully-Managed Service, the ReloQuest Service Fee will be set forth in the Service Agreement. Requestor acknowledges that ReloQuest collects a ReloQuest Service Fee based on the Rental Accommodation Charge per Booking. The ReloQuest Service Fee will only be refunded in the event a Supplier accepts Cancellation of your reservation and refunds the entire rental amount.
3. Hotel Reservations. All Hotel Reservations are processed through the Fully-Managed Service.
4. Third Party Fees. ReloQuest reserves the right to charge Customer or Guest Requestor any and all applicable third party fees associated with a Booking, including, without limitation, related to payment for a Booking.
5. Late or Returned Fee. If any payment tendered by Requestor is, for any reason whatsoever, declined or returned unpaid by the credit/debit card company or bank upon which it is drawn or charged back to ReloQuest, Requestor will, as applicable, not be granted access to the Rental Accommodation and Supplier will not be obligated to complete the Booking or terms of the lease will apply with respect to such failure to pay. If any amount due under the Reservation Confirmation has not been received within five (5) days after its due date, such late unpaid sums will be subject to interest charges from the date due of the lesser of one and a half percent (1.5%) per month or the maximum rate permitted by applicable law, from time to time. Interest will be calculated on a daily basis from the due date until the sum due has been paid in full.
GENERAL PAYMENT TERMS
1. Invoices. All amounts to be invoiced, including all applicable taxes, shall be set forth in the Reservation Confirmation or provided to ReloQuest and the Requestor through the Entity Requestor’s Service Portal or, in the case of a Guest Requestor, in a text message or e-mail to such Guest Requestor. Supplier shall provide all Supplier Invoices within thirty (30) days of the end of the applicable month that the Fees set forth in such Supplier Invoice are incurred.
2. Payment. Customer or Guest Requestor, as applicable, shall pay all Invoices within fifteen (15) days of receipt or such other period of time set forth in the Reservation Confirmation or Lease. All Fees due, as well as all applicable taxes, shall be timely paid in full by Customer or Guest Requestor, as applicable, without deductions or offsets of any kind and shall be paid in USD (or relevant currency as indicated on Supplier’s Profile and with prior approval by ReloQuest) by either company check, credit/debit card, ACH or wire. If Requestor is required to pay ReloQuest, then ReloQuest will pay Supplier within ten (10) days of receipt of payment from Requestor. If Requestor is required to pay Supplier, then Supplier shall be responsible for payment of all ReloQuest Service Fees to ReloQuest based on the due date of the related, applicable fees to Supplier, regardless if Supplier receives payment from the Requestor. If Requestor fails to remit or timely remit payment to ReloQuest or Supplier, then ReloQuest is not responsible for the collection or payment of any amounts owed to Supplier, and Supplier will have the right to recover such funds directly from the Requestor upon providing prior, written notice to ReloQuest and the Requestor.
3. Additional Payment Terms. Requestor and Supplier agree to adhere to any additional billing and payment terms set forth in the Reservation Confirmation or, if applicable, the Lease. All amounts shall be payable without right of setoff, deduction or demand. Requestor shall pay for all collection costs (including, without limitation, reasonable attorneys’ fees and costs) incurred by ReloQuest or Supplier, as applicable, with respect to collecting from Requestor any amounts past due.
4. Payment Method. When you add a Payment Method, (i) you will be asked to provide and keep up-to-date your accurate, current and complete billing information such as name, billing address, residential address and financial instrument information in the Payment Services; and (ii) we may verify the Payment Method by authorizing a nominal amount or by authenticating your Account through the Payment Services. When you add a Payment Method, we will automatically transfer that Payment Method to a third party payment processor for future transactions. You authorize our third party payment processor(s) to store and charge your Payment Method as outlined in these Terms of Service. If your Payment Method’s billing or account information changes (e.g., card number, account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file through our Payment Services. You retain sole responsibility for the accuracy and completeness of your Payment Method information. We are not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
5. Updates. ReloQuest or its third party payment processor may, at its own discretion, and without advance notice, improve, enhance, modify, restrict, limit or add features to its Payment Services at any time. Notification of such changes will be posted through the Service. If you disagree with the changes, your only recourse is to discontinue use of the Service. By continuing to access or use the Service after we have posted a modification through the Service or provided notice of the modification, you are indicating your acceptance of the modified Payment Services.
6. Additional Terms.You may be required to accept additional terms and conditions in order to access or use certain Payment Services and Payment Methods. If there is a conflict between these Terms of Service and the terms and conditions applicable for a specific Payment Service or Payment Method, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service or Payment Method, unless specified otherwise.
7. Third Party Processors. ReloQuest or certain third party payment processors, as applicable, may charge you additional Fees when processing payments in connection with the Payment Services (including deducting charges from the payout amount) as displayed in the ReloQuest Invoice and/or the Reservation Confirmation. You acknowledge and agree that ReloQuest is not responsible for any such additional Fees.
8. Legal Compliance. You may not use the Payment Services except as authorized by United States law, the laws of the jurisdiction that is your country of residence, and any other applicable laws. In particular, but without limitation, the Payment Services may not be used to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
9. Invoice Disputes. In the event Customer or Guest Requestor, as applicable, disputes any Invoice or amount due under any Invoice, Customer or Guest Requestor, as applicable, shall inform ReloQuest and the other party of the dispute by written notice within fifteen (15) days of the Invoice date. Such notice shall clearly identify the Invoice, shall state the amount disputed and explain the basis for the dispute. Any right Customer or Guest Requestor, as applicable, might otherwise have had to dispute an Invoice shall be deemed irrevocably waived if such written notice is not given to ReloQuest and the other party within sixty (60) days of the Invoice date. In the event of a good faith dispute regarding any portion of a particular Invoice, the full amount of the undisputed portion shall be timely paid by Customer or Guest Requestor, as applicable, and Customer or Guest Requestor, as applicable, shall not offset, delay or withhold payment in full of any other Invoice.
SUPPLIER PAYMENT TERMS
1. Rental Accommodation Charges. Supplier shall present the Entity Requestor with all Rental Accommodation Charges through Entity Requestor’s Service Portal and shall present Guest Requestor with all Rental Accommodation Charges through text messages or e-mails. All Rental Accommodation Charges must be accurately set forth in the Reservation Confirmation or provided to the Requestor and ReloQuest through the Entity Requestor’s Service Portal or, in the case of a Guest Requestor, then in a text message or e-mail to such Guest Requestor, as well as in the applicable Supplier Invoice. All Supplier Invoices must be all-inclusive of the then-current Rental Accommodation Charges. ReloQuest reserves the right to charge Supplier a Fee if Supplier enters or supplies any inaccurate fees or charges (“Supplier Charge”). Failure of Supplier to accurately or timely charge a Fee does not relieve Requestor’s or Supplier’s, as applicable, obligation to timely pay such Fee or any related ReloQuest Service Fee.
2. ReloQuest Service Fees. For the Self-Managed Service, Supplier shall pay ReloQuest the applicable ReloQuest Service Fee within thirty (30) days of Supplier providing the Supplier Invoice to the Requestor. For the Fully-Managed Service, Supplier authorizes ReloQuest to collect all Fees from Requestor and deduct and keep the applicable ReloQuest Service Fees from such Requestor payments.
3. Supplier Payout. For the Fully-Managed Service, ReloQuest will pay Supplier the balance of the Rental Accommodation Charge (“Supplier Payout”), by company check, ACH or wire, within fifteen (15) days of ReloQuest’s receipt of full payment from the Requestor. ReloQuest may delay or cancel any Supplier Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation. For the Fully-Managed Service, without ReloQuest’s prior, written consent, Supplier shall not contact or accept any payments directly from the Requestor.
4. Supplier Taxes. Supplier is solely responsible for determining Supplier’s obligations to report, collect, remit or include in the Rental Accommodation Charges and/or the Supplier Invoice any applicable sales taxes, VAT, occupancy tax, tourist tax, other visitor tax, and Supplier income tax. Tax regulations may require us to collect appropriate tax information from Suppliers, or to withhold taxes from payouts to Suppliers, or both. If you fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution. Suppliers will be solely responsible for determining the correct tax amount to be collected from Requestor in accordance with applicable law and directly remitting such taxes to the relevant tax authority. ReloQuest does not assume any liability for the failure of Supplier to comply with any applicable tax reporting or remittance obligations.
CANCELLATION AND REFUND POLICY
1. Cancellation by Requestor. For Cancellations initiated by a Requestor, the Requestor shall pay all Cancellation charges agreed upon with the Supplier at the time of Booking as displayed in the Reservation Confirmation. Requestor will have twenty-four (24) hours following move-in to a Rental Accommodation to notify Supplier if the Rental Accommodation does not meet the minimum quality standards, including, but not limited to, as related to access, safety, or cleanliness. In the event Requestor provides timely notification and Supplier does not satisfactorily address or resolve such issues, Requestor may initiate a Cancellation and be entitled to a reimbursement up to the amount paid by such Requestor for the Rental Accommodation, less any ReloQuest Service Fees. Such Cancellation charges will be remitted to the Supplier pursuant to the Supplier Charges and Payments terms set forth in these Terms of Service.
2. Cancellation by Supplier. For Cancellations initiated by Supplier (i) prior to Guest move-in to the Rental Accommodation, Supplier shall provide a full refund of Fees for such Booking; or (ii) after Guest move-in to the Rental Accommodation, Supplier shall provide a pro-rata refund of pre-paid and unused Fees for such Booking. Requestor will receive such reimbursement of the Fees for such Booking within a commercially reasonable time of the Cancellation.
3. Hotel Reservation Cancellation. If a Requestor cancels a Hotel Reservation, then ReloQuest shall refund to such Requestor such Rental Accommodation Charge less any charges, Cancellation or other applicable Fees, if any. Each Requestor acknowledges and agrees that the Cancellation of certain Hotel Reservations may incur a Cancellation Fee that may be equivalent to the entire Rental Accommodation Charge, and thus such Requestor may not be refunded any amount. Such Cancellation Fees are detailed to the Requestor prior to confirmation of the Booking.
4. Cancellation Payout. For Cancellation of a Reservation Confirmation, ReloQuest will pay to Supplier any portion of the Supplier Payout due to Supplier under the applicable Cancellation policy, less any ReloQuest Cancellation Fees, if applicable.
5. Modification or Termination. ReloQuest reserves the right to modify the Cancellation and refund policy set forth in this Section 9, at any time, in our sole discretion. Such modifications will be posted through the Service and/or notice of the modification will be provided to Customers.
6. No Assignment/No Insurance. Nothing in this Section 9 is intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by Requestor, and Requestor has not paid any premium in respect of the Cancellation and refund policy set forth in this Section 9. The benefits provided under this Section 9 are not assignable or transferable by Requestor.
SUPPORT, MAINTENANCE AND SECURITY FOR THE SERVICE
1. Standard Support. Telephonic support (“Standard Support”) for the Service will be available to Guests and other Users between the hours of 8:30 AM and 5:00 PM Eastern Time during all business days, except U.S. federal holidays. Standard Support is provided at no additional charge to Guests and Customers. However, ReloQuest reserves the right to charge Suppliers at ReloQuest’s then standard rates for time reasonably spent and costs actually and reasonably incurred by ReloQuest pursuant to any express request for additional support, support outside the Standard Support hours, training or other corrective action which may be required for any reason outside the scope of ReloQuest’s obligations under these Terms of Service. ReloQuest will use commercially reasonable efforts to diagnose and address material bugs and errors in the Service, which are reported to ReloQuest in writing and unrelated to any Third Party Equipment.
2. Fully-Managed Support. Fully managed telephonic support (“Fully-Managed Support”) for the Service will be available to Requestors 24/7/365. Upon the request of Requestor, and subject to availability and mutual agreement on the scope of additional services (“Additional Services”), ReloQuest shall provide Requestor with Additional Services at rates agreed to by Requestor and ReloQuest (“Additional Services Fee”).
3. Maintenance. ReloQuest may perform maintenance, including troubleshooting, updating, and/or repairing of Customer’s Service Portal and for the Service at any time and in such manner as ReloQuest in its sole discretion may elect. This may temporarily limit the functionality of and/or render wholly or partially unavailable Customer’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.
4. 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.
5. 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 or use of Customer’s Service Portal or the Service by any User or person; (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 Service.
6. Security and Other Risks. ReloQuest shall exercise commercially reasonable due care to maintain the security of the Service. You acknowledge that your acceptance of these Terms of Service and access to and use of the Service are voluntary and undertaken with full knowledge and awareness that such activities necessarily entail risks, including security breaches, unavailability, loss or corruption of data, and other inherent risks associated with computer software, communications via the Internet, electronic communications and Processing.
7. 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, temporarily or permanently, your Service Portal and/or the Service (or any part thereof) for any reason or no reason with or without notice. 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 your Service Portal and/or the Service.
MUTUAL REPRESENTATIONS AND WARRANTIES
Subject to all terms and conditions of these Terms of Service, each Party represents and warrants to the other Party that: (i) it is duly organized, validly existing and in good standing as a legal entity under the laws of the jurisdiction under whose laws it was organized or formed; (ii) its entry into these Terms of Service has been duly authorized; and (iii) its undersigned representative has been duly authorized and has full legal capacity and all power and authority necessary to execute these Terms of Service on behalf of the Party and by so doing, to legally bind that Party to all terms and conditions of these Terms of Service.
DISCLAIMERS OF REPRESENTATIONS AND WARRANTIES

YOU AGREE THAT THE DISCLAIMER OF WARRANTY PROVISIONS SET FORTH BELOW ARE REASONABLE, REFLECT AN INFORMED, VOLUNTARY ALLOCATION OF THE RISKS BOTH KNOWN AND UNKNOWN THAT MAY EXIST IN CONNECTION WITH THESE TERMS OF SERVICE AND YOUR USE OR INABILITY TO USE THE SERVICE, AND ARE FUNDAMENTAL ELEMENTS OF AND MATERIALLY INDUCED RELOQUEST TO ENTER INTO THESE TERMS OF SERVICE WITH YOU. THE DISCLAIMER OF WARRANTIES SET FORTH IN THESE TERMS OF SERVICE FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND RELOQUEST AND SHALL CONTINUE TO APPLY EVEN IF ANY EXCLUSIVE REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT THESE DISCLAIMER OF WARRANTIES WERE SPECIFICALLY BARGAINED FOR AND ARE ACCEPTABLE TO YOU AND THAT YOUR WILLINGNESS TO AGREE TO THESE DISCLAIMER OF WARRANTIES IS MATERIAL TO RELOQUEST’S DECISION TO ENTER INTO THESE TERMS OF SERVICE.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM AMOUNT ALLOWED BY APPLICABLE LAW, RELOQUEST HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 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 OR RELIABLE, 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 OR THIRD PARTY BEFORE, DURING, AND/OR AFTER A BOOKING; AND RELOQUEST WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (IV) ABOVE. YOU ACKNOWLEDGE THAT RELOQUEST HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF THE TRANSACTION, THE TRUTH OR ACCURACY OF ANY USERS' CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. RELOQUEST HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY THIRD PARTY SERVICE PROVIDER. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

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 OR GUEST DESCRIPTIONS, RATINGS, OR REVIEWS, OR (III) THE PERFORMANCE OR CONDUCT OF ANY USER OR GUEST. RELOQUEST DOES NOT ENDORSE ANY RENTAL ACCOMMODATION, USER OR GUEST, INCLUDING THE USER’S OR GUEST’S IDENTITY OR BACKGROUND OR WHETHER THE USER OR GUEST IS TRUSTWORTHY OR A RENTAL ACCOMMODATION IS SAFE OR SUITABLE. GUESTS SHOULD ALWAYS EXERCISE DUE DILIGENCE AND CARE WHEN DECIDING WHETHER TO 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 OF SUCH WEBSITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR THE TERMS OF SERVICE AND CONDITIONS OF USE, PRIVACY POLICY, PRACTICES, AND ANY CONTENT, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH WEBSITES OR RESOURCES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT RELOQUEST SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY USE OF OR RELIANCE ON SUCH TERMS OF SERVICE AND CONDITIONS OF USE, PRIVACY POLICY, PRACTICES, AND ANY CONTENT, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS AVAILABLE ON OR THROUGH ANY SUCH WEBSITE OR RESOURCE. YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST RELOQUEST WITH RESPECT TO SUCH WEBSITES OR RESOURCES. WE ENCOURAGE YOU TO BE AWARE OF WHEN YOU LEAVE YOUR SERVICE PORTAL AND TO READ THE TERMS OF SERVICE AND CONDITIONS OF USE AND PRIVACY POLICY OF EACH WEBSITE YOU VISIT. IF YOU HAVE A QUESTION ABOUT THE TERMS OF SERVICE AND CONDITIONS OF USE, PRIVACY POLICY, PRACTICES, OR CONTENT OF A THIRD PARTY WEBSITE, PLEASE CONTACT THE APPLICABLE THIRD PARTY DIRECTLY. YOU MAY LINK TO THE RELOQUEST WEBSITE’S HOMEPAGE, PROVIDED YOU DO SO IN A WAY THAT IS FAIR, LEGAL, CONSISTENT WITH THESE TERMS OF SERVICE AND DOES NOT DAMAGE OUR REPUTATION OR TAKE ADVANTAGE OF THE SERVICES, BUT YOU MAY NOT ESTABLISH A LINK IN SUCH A WAY AS TO SUGGEST ANY FORM OF ASSOCIATION, APPROVAL, OR ENDORSEMENT ON OUR PART WHERE NONE EXISTS. YOU MAY NOT ESTABLISH A LINK FROM ANY WEBSITE THAT IS NOT OWNED BY YOU. THE RELOQUEST WEBSITE MAY NOT BE FRAMED ON ANY OTHER WEBSITE, NOR MAY YOU CREATE A LINK TO ANY PART OF THE RELOQUEST WEBSITE OTHER THAN THE HOMEPAGE. YOU AGREE TO COOPERATE WITH US IN CAUSING ANY UNAUTHORIZED FRAMING OR LINKING TO CEASE IMMEDIATELY. WE RESERVE THE RIGHT TO WITHDRAW LINKING PERMISSION WITHOUT NOTICE.
LIMITATIONS OF LIABILITY

YOU AGREE THAT THE LIMITATION OF LIABILITY PROVISIONS SET FORTH BELOW ARE REASONABLE, REFLECT AN INFORMED, VOLUNTARY ALLOCATION OF THE RISKS BOTH KNOWN AND UNKNOWN THAT MAY EXIST IN CONNECTION WITH THESE TERMS OF SERVICE, YOUR USE OR INABILITY TO USE THE SERVICE, AND ARE FUNDAMENTAL ELEMENTS OF AND MATERIALLY INDUCED RELOQUEST TO ENTER INTO THESE TERMS OF SERVICE WITH YOU. THE LIMITATION OF LIABILITY SET FORTH IN THESE TERMS OF SERVICE FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND RELOQUEST AND SHALL CONTINUE TO APPLY EVEN IF ANY EXCLUSIVE REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE.

RELOQUEST SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICE, ACCESS TO AND/OR USE OF THE SERVICE, OR ANY OTHER SUBJECT MATTER OF THESE TERMS OF SERVICE OR ANY OTHER AGREEMENT ENTERED INTO WITH RELOQUEST, FOR (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, PRIVACY, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF RELOQUEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF US $100.00 IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICE OR ANY OTHER SUBJECT MATTER OF THESE TERMS OF SERVICE, OR (IV) ANY MATTERS BEYOND RELOQUEST’S REASONABLE CONTROL. RELOQUEST SHALL HAVE NO LIABILITY WITH RESPECT TO (I) ANY OF YOUR CONTENT, (II) ANY CONTENT OF ANY OTHER USER, (III) THE ACTS OR OMISSIONS OF ANY USER OR GUEST, OR (IV) ANY AGREEMENTS ENTERED INTO BETWEEN YOU AND ANOTHER USER OR CUSTOMER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE LIMITATIONS ON AND EXCLUSIONS FROM LIABILITY SET FORTH IN THESE TERMS OF SERVICE DO NOT APPLY TO ANY LIABILITY ARISING OUT OF A PARTY’S CONFIDENTIALITY OR INDEMNIFICATION OBLIGATIONS UNDER THESE TERMS OF SERVICE OR ANY FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY WERE SPECIFICALLY BARGAINED FOR AND ARE ACCEPTABLE TO YOU AND THAT YOUR WILLINGNESS TO AGREE TO THESE LIMITATIONS OF LIABILITY ARE MATERIAL TO RELOQUEST’S DECISION TO ENTER INTO THESE TERMS OF SERVICE. THESE LIMITATIONS OF LIABILITY SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
INDEMNIFICATION

You agree to indemnify, defend and hold harmless ReloQuest and its affiliates, and each of its and their respective officers, directors, agents, other partners and employees, 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 made by any third party (each a “Claim”) due to or arising out of: (i) your use of, contribution to or otherwise in connection with the Service; (ii) your Content; (iii) any error, defect, incompleteness or infringement of any alleged third party Intellectual Property Rights in your User Data; (iv) your interaction with any User or Guest or 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 promoted or acquired by any Guest or Customer through the Service; (v) collection and remittance of taxes relating to your use of the Service; or (vi) your breach of any laws, rules, regulations, these Terms of Service, our Privacy Policy, 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 obligations hereunder. 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 14, and in such case, you agree to cooperate with all reasonable requests in assisting ReloQuest’s defense of such matter.
CONTENT AND USER DATA
1. Customer Content. You acknowledge and agree that if you contribute, provide, or make available any Customer 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 Customer 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 Customer Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights, including intellectual property rights, of any third party, and (ii) complies with all applicable laws and regulations. In addition, Customer Content must be accurate and truthful. In addition, you agree that ReloQuest may use your company name and logo for the purpose of identifying you as an existing or past customer of ReloQuest in marketing and promotional materials. 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 all Content and User Data, in whatever form, that you provide or otherwise make available to or through the Service, including to other Users.
2. ReloQuest Trademarks. The trademarks, service marks, and logos of ReloQuest (“ReloQuest Trademarks”) used and displayed in connection with the Service are registered and unregistered trademarks or service marks of ReloQuest. Other company, product, and service names used in connection with the Service may be trademarks or service marks owned by third parties (“Third Party Trademarks”, and, collectively with ReloQuest Trademarks, the “Trademarks”). 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.
3. ReloQuest Copyrights. All Content, as well as the compilation of any Content (collectively, 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.
4. 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 Service and not use any such information for any unlawful purpose or with any unlawful intent.
5. User Data License. Each User and Customer 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 Customer 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 Service; (ii) to Process User Data in accordance with these Terms of Service; and (iii) to create Aggregated Data (collectively, the “User Data License”). Nothing in these Terms of Service shall be construed to impose any obligation on ReloQuest to backup, store or archive User Data. All rights in User Data which are not expressly granted under the User Data License are forever reserved in their entirety to the applicable User and Customer; provided, however, ReloQuest will retain a perpetual, irrevocable, royalty-free, fully paid-up, transferable, and sublicensable right and license to continue to create and use the Aggregated Data.
6. Translations and Maps. We cannot guarantee the accuracy or quality of any User-contributed Content which is displayed on Customer’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.
7. 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.
8. 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 Service; (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.
9. 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.
10. 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 or Customer, related to listing or booking Rental Accommodations, service or customer support requests, and ReloQuest promotional materials, newsletters, marketing, or other information that may be of interest to you based on your preferences. Standard messaging rates may apply. You further agree that:
BY CLICK-ACCEPTING THESE TERMS OF SERVICE OR USING THE SERVICE, YOU HEREBY PROVIDE RELOQUEST, AND ITS SERVICE PROVIDERS, EXPRESS CONSENT TO CONTACT YOU ON YOUR TELEPHONE, INCLUDING, BUT NOT LIMITED TO, LEAVING VOICE MESSAGES AND SENDING TEXT MESSAGES, AND TO SEND E-MAILS, WITH NOTIFICATIONS, INFORMATION, AND OFFERS RELATED TO RELOQUEST AND/OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO, NOTIFICATIONS PERTAINING TO REQUESTS OR RESERVATIONS, RELOQUEST NEWSLETTERS, AND ADVERTISING, MARKETING, AND/OR PROMOTIONAL INFORMATION AND OFFERS. BY SUBMITTING A REQUEST OR INQUIRY FOR THIRD PARTY SERVICES OR OTHERWISE INTERACTING WITH ANY THIRD PARTY THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, REQUESTORS AND SUPPLIERS, YOU HEREBY PROVIDE RELOQUEST, AND THE APPLICABLE THIRD PARTY, EXPRESS CONSENT TO CONTACT YOU BY TELEPHONE, INCLUDING, BUT NOT LIMITED TO, LEAVING VOICE MESSAGES AND SENDING TEXT MESSAGES, AND TO SEND YOU E-MAILS, WITH NOTIFICATIONS, INFORMATION, AND OFFERS RELATED TO RELOQUEST, THE SERVICE, YOUR USE OF THE SERVICE, THE THIRD PARTY, AND THE THIRD PARTY SERVICES. BY CLICK-ACCEPTING THESE TERMS OF SERVICE, ACCESSING AND/OR USING THE SERVICE, SUBMITTING A REQUEST OR INQUIRY FOR THIRD PARTY SERVICES, OR OTHERWISE INTERACTING WITH ANY THIRD PARTY THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, REQUESTORS AND SUPPLIERS, YOU ARE ALSO EXPRESSLY AGREEING TO RECEIVE FUTURE CALLS, TEXT MESSAGES, VOICE MAILS, AND E-MAILS THAT DELIVER ADVERTISING AND TELEMARKETING MESSAGES THAT ARE GENERATED THROUGH AN AUTOMATIC TELEPHONE DIALING SYSTEM OR AUTO-DIALER, AND ARE CONSENTING TO RECEIVING MESSAGES THAT COME VIA AN ARTIFICIAL OR PRE-RECORDED VOICE MESSAGE OR THAT COME IN THE FORM OF A MASS TEXT MESSAGE MAILER. THE TERMS OF THIS PROVISION ARE NOT A CONDITION OF YOUR REGISTRATION FOR, OR USE OF, THE SERVICE. THIS PERMISSION CONSTITUTES PRIOR EXPRESS WRITTEN CONSENT UNDER THE TELEPHONE CONSUMER PROTECTION ACT. THIS CONSENT APPLIES EVEN IF YOU ARE CHARGED FOR THE CALL UNDER A PHONE PLAN. YOU ACKNOWLEDGE AND AGREE THAT MESSAGE AND DATA RATES (FOR EXAMPLE, FROM YOUR NETWORK PROVIDER) MAY APPLY. YOU ARE RESPONSIBLE FOR ANY CHARGES THAT MAY BE BILLED BY THE COMMUNICATIONS CARRIERS.

At any time, you can opt out of receiving all or certain future communications from us. Look for the unsubscribe instructions provided in the communication or contact us directly at unsubscribe@reloquest.com.
THIRD PARTY INTELLECTUAL PROPERTY RIGHTS
1. Content.You 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 copyrights, trademarks, service marks, trade secrets, or other intellectual property and other proprietary rights and laws. ReloQuest may own the Content, or portions of the Content may be made available to ReloQuest through arrangements with third parties.
2. Third Party Infringement Claims.In the event that at any time: (i) any third party infringement claim is brought or threatened against a Party; or (ii) ReloQuest reasonably believes that the Service used in accordance with these Terms of Service infringes or poses a significant risk of Infringing any third party U.S. Intellectual Property Rights of which ReloQuest has actual knowledge, ReloQuest may, at ReloQuest’s sole discretion, but shall not be required to, exercise commercially reasonable efforts to: (1) obtain, at ReloQuest’s sole cost and expense, the right for you to continue to access and use the service subject to these Terms of Service without infringing said third party Intellectual Property Rights and without material loss of functionality of the Service; or (2) modify or replace the Service, at ReloQuest’s sole cost and expense, as to cause same not to infringe said third party U.S. Intellectual Property Rights without material loss of functionality.
3. Conditional Option of ReloQuest to Terminate. If, under any of the circumstances described in subsection 16.2, ReloQuest elects not to pursue, or for any other reason does not obtain, the results described in parts (1) or (2) of subsection 16.2, ReloQuest, in ReloQuest’s sole discretion, shall have the option, but shall have no obligation, to terminate these Terms of Service effective immediately and automatically after giving you written notice of termination.
4. 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
  DMCAnotice@ReloQuest.com
ReloQuest has adopted and currently implements a policy of terminating, in appropriate circumstances, the Accounts of Users, as well as suspending and/or terminating access to and use of the service by Customer, who are deemed or whose Users are deemed repeat infringers or who are repeatedly charged with infringement.
CONFIDENTIAL INFORMATION
1. 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. 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.
2. 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 Service 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.
3. 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 Service, 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 Service; (ii) not use the Confidential Information for any purpose other than pursuant to performing an obligation pursuant to these Terms of Service; (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 Service; (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 Service by its Confidentiality Representatives.
4. 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).
5. 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 Service 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 Service.
6. Customer Name and Logo. Customer agrees to permit ReloQuest to include Customer’s name and logo on ReloQuest’s website and in periodic press releases provided that ReloQuest only includes Customer’s name and logo as a customer.
7. Termination. Upon the termination of a Customer’s right to access and use the Service, Customer shall promptly terminate all Confidential Information of ReloQuest.
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.
VIOLATIONS OF THESE TERMS OF SERVICE
1. Suspension and Termination for Breach. If you breach or are otherwise in noncompliance with these Terms of Service, then ReloQuest will have the right, at ReloQuest’s sole discretion and without prior notice to you, to suspend or terminate your Account or suspend or terminate your access to and use of the Service. If ReloQuest terminates your right to access and use the Service, you will remain liable for all amounts due pursuant to your use of the Service.
2. Violations.Please report any violations of these Terms of Service to ReloQuest by e-mail to info@ReloQuest.com.
GENERAL
1. Entire Agreement. These Terms of Service 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 Service.
2. Modification ReloQuest may update these Terms of Service 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. 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 Service 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 Service, nothing in these Terms of Service will confer any rights or remedies under or by reason of these Terms of Service 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 Service, or any right or obligation pursuant to these Terms of Service, without the prior written consent of ReloQuest.
6. Severability. If any provision of these Terms of Service 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 Service.
7. Governing Law; Venue; Jurisdiction.These Terms of Service 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 to enforce Arbitration or an Arbitration ruling or for an action for injunctive relief, you and ReloQuest each expressly consent to the (i) venue of Miami-Dade 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 Miami-Dade County, Florida, USA.
8. Arbitration Dispute Resolution. Any controversy, claim, or dispute arising, directly or indirectly, out of these Terms of Service or your use of 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 prepare for the Arbitration proceedings and hearing; (ii) 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 Service, no action at law or in equity based upon any claim relating, directly or indirectly, to these Terms of 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 Service must occur on an individual basis, and class arbitrations and class actions are hereby specifically agreed to as not permitted.
9. 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 SERVICE 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 SERVICE BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS WAIVER OF JURY TRIAL.
10. Injunctive Relief. Notwithstanding the Arbitration obligation set forth above, ReloQuest will have the right, in addition to ReloQuest’s other rights and remedies, to seek and obtain injunctive relief in court for any violation of these Terms of Service or your use of the Service, and you hereby expressly waive any objection, in any such equitable action, that ReloQuest may have an adequate remedy at law.
11. Prevailing Party Attorneys’ Fees. In the event of any Arbitration, or action to enforce Arbitration or an Arbitration ruling, or action for injunctive relief arising out of or relating to these Terms of Service or your use of the Service, the prevailing party in such Arbitration, legal proceeding, or action for injunctive relief 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 proceeding, or action for injunctive relief, as well as at all levels of trial and appeal.
12. Notices. All notices required pursuant to these Terms of Service 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 info@ReloQuest.com or such other e-mail address set forth in these Terms of Service.
13. 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 Service, 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.
14. Cumulative Remedies. The rights and remedies set forth in these Terms of Service are cumulative and concurrent and may be pursued separately, successively or together.
15. 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.
16. 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.
17. Public Disclosure Restrictions. ReloQuest may include the names and logos of Customers on ReloQuest’s Website and in marketing materials provided to prospective customers. You hereby grant ReloQuest a limited, non-exclusive, perpetual, irrevocable, royalty-free and fully paid-up right and license to include the applicable Customer’s name and logo on ReloQuest’s Website and in such marketing materials.
18. Force Majeure. Except for obligations of payment, if either Party is prevented from performing any of its obligations under these Terms of Service 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 Service so long as such condition exists.
19. 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 Service must be filed within two (2) years after such claim or cause of action arose or be forever barred.
20. Agreement to Be Bound and Survival. Your agreement to be bound by these Terms of Service commences with the earlier of your click-accepting these Terms of Service, 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 Service are terminated pursuant to the terms of these Terms of Service 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 2.2, 2.4, 2.5, 3.2 through 3.6, 4.5 through 4.9, 5.1, 6.5, 7 through 9, 12 through 14, 15.1, 15.4, 15.8, 15.10, and 16 through 20 of these Terms of Service, any payment obligation pursuant to these Terms of Service, and our Privacy Policy. 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 Service.
21. Counterparts and Electronic Versions. These Terms of Service 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 Service 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 Service in electronic form, and each Party hereby agrees that a print-out of such electronic form of these Terms of Service will be deemed an original for all purposes relating to the enforceability of the terms and conditions of these Terms of Service.

Last Updated: March 15, 2020

ReloQuest® Terms of Service

Table of Contents

DEFINITIONS

USE OF THE SERVICE

ACCOUNT SETUP

BOOKING PROCESS

RELOQUEST LEASE TERMS

CHARGES AND FEES

GENERAL PAYMENT TERMS

SUPPLIER PAYMENT TERMS

CANCELLATION AND REFUND POLICY

SUPPORT, MAINTENANCE AND SECURITY FOR THE SERVICE

MUTUAL REPRESENTATIONS AND WARRANTIES

DISCLAIMERS OF REPRESENTATIONS AND WARRANTIES

LIMITATIONS OF LIABILITY

INDEMNIFICATION

CONTENT AND USER DATA

THIRD PARTY INTELLECTUAL PROPERTY RIGHTS

CONFIDENTIAL INFORMATION

FEEDBACK

VIOLATIONS OF THESE TERMS OF SERVICE

GENERAL