TERMS AND CONDITIONS OF USE – UNITED STATES

EFFECTIVE DATE:

1. Introduction

Welcome to the HiBnb website. These Terms of Use (these “Terms”) are a legally binding contract between 2749103 Ontario Ltd., Kettleby Capital US Inc., or their applicable affiliates that own or control the applicable Websites (as defined below) or provide the applicable Services (as defined below) that you may be accessing or using (“HiBnb”, “us”, “we” or “our”), on the one hand, and you and your successors and heirs and (if applicable) the corporate entity you represent (“you” or “your”), on the other hand.

Please note: Section 15 of these Terms governs disputes between us, and contains an arbitration clause and class action waiver that requires you and HiBnb to resolve all disputes with each other on an individual basis through final and binding arbitration. Please read these terms carefully.

Certain areas of the Websites and Services (and your access to or use therein) may have additional terms, conditions, policies, rules, and guidelines, which govern your access to and use of such Websites and Services (as applicable, the “Additional Terms”). The Additional Terms will be posted (via a link) on the applicable Website or Services and may be modified from time to time. To the extent there is a conflict between these Terms and any Additional Terms for a specific Website or Service, the applicable Additional Terms shall govern and take precedence over these Terms with respect to your use of or access to that Website or Service.

Our Websites utilize cookies. By using our Websites and agreeing to these Terms, you consent to our use of cookies in accordance with HiBnb’s Privacy Policy. HiBnb’s collection and use of personal information in connection with your access to and use of the Websites are more fully described in our Privacy Policy. You understand that through your access or use of the Websites and any Services, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of information to the United States and/or other countries for storage, processing, and use by HiBnb.

2. Acceptance of the Terms, Additional Terms, and Privacy Policy

Your acceptance of these Terms, the Additional Terms, and the Privacy Policy is an express condition of, and governs your access to and use of, HiBnb’s (a)(i) websites, including HiBnb.ca, HiBnb.us, portals, applications (including mobile applications), channels, software, and widgets (including as embedded on sites owned by third parties), and (ii) social media pages and channels (collectively, the “Websites”), and (b) any services, features, media, functions, content, tools, and links contained in or offered via the Websites (collectively, the “Services”). By accessing, using, or downloading any of the Websites or Services, you hereby expressly acknowledge and agree to be bound by all of the terms and conditions of these Terms, the Additional Terms, and the Privacy Policy. If you do not accept and agree to these Terms, the Additional Terms, and/or the Privacy Policy, you may not access or use any of the Websites or Services or create a user account. If you violate any provision of these Terms, the Additional Terms, and/or the Privacy Policy, HiBnb may, in its sole discretion, suspend, discontinue, or change your account or any aspect of your access to or use of the Services and/or Websites in whole or in part.

HiBnb may modify the Websites and Services and the applicable Terms, Additional Terms, and Privacy Policy, in its sole discretion from time to time. When we make material changes, we will do our best to notify you by email, push notification, or in-app notification, or a prominent notice on our Websites. Continued use of the Websites and Services shall constitute your acceptance of the revised Terms, Additional Terms and Privacy Policy.

If you disagree with these Terms, Additional Terms, or Privacy Policy, or any part thereof, you must not use the Websites and Services.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THE WEBSITES, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS.

3. Acceptable Use and Eligibility to Use the Websites

Except as otherwise provided herein, the Websites and Services are intended solely for and only available to individuals who are at least eighteen (21) years of age, who can willingly and knowingly enter into legally binding contracts under applicable law. Please check the applicable Additional Terms, if applicable, for such Websites and Services for further information. You may be asked to verify that you are over the applicable age limit during your use of the Websites or Services and you hereby agree that you shall not misrepresent your age. Without limiting the foregoing, the Websites and Services are not available to minors or suspended members or users. You further represent that any party you invite to participate in any of the Websites or Services is also of legal age as described above, and agree not to invite participation from anyone not of legal age as described above.

You must not use our Websites and Services in any way that causes, or may cause, damage to the Websites or Services or to HiBnb, that may impair the availability or accessibility of the Websites and Services in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our Websites or Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Websites or Services without HiBnb’s express written consent. You must not use the Websites or Services to transmit or send unsolicited commercial communications. You must not use the Websites or Services for any purposes related to marketing without HiBnb’s express written consent.

HiBnb has the right to monitor messages between Hosts and Guests and has sole right to intervene in communication between Hosts and Guests where necessary.

HiBnb retains the right, in its sole discretion, to terminate your ability to use our Websites at any time.

If you are using the Websites or Services on behalf of a business, you represent that you have the authority to bind the business to these Terms, the Additional Terms, the Privacy Policy, and any other related or pertinent agreements. The applicable business agrees to hold harmless and indemnify HiBnb and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Websites or Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees. If you do not have such authority, you will be held individually liable for all actions taken under your user ID.

4. Electronic Communications

By accessing or using the Websites or Services, you consent to receiving communications from us electronically. We will communicate with you in a variety of ways, including, without limitation, by e-mail, text, in-app push notices, or by posting notices and messages on the Websites or through any of the Services. By accessing or using the Websites or Services, you willingly and knowingly agree that all contracts, notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5. HiBnb Is A Technology Platform

HiBnb is an online platform which permits individuals (“Hosts”) to create digital Listings (“Listings”) for:

  • the short-term rental of their cannabis-friendly personal residences (“Accommodations”); and
  • participation in cannabis-friendly activities (“Adventures”),

both for viewing and booking by individuals (“Guests”) who are interested in renting such Accommodations and/or participating in such Adventures.

You expressly agree and acknowledge that HiBnb is a technology platform. You further expressly agree and acknowledge that HiBnb (i) is not a cannabis retailer, cultivator, or brand; (ii) does not itself, through its affiliates, or otherwise, provide delivery of any cannabis or process payments for cannabis; and (iii) does not itself cultivate, manufacture, package, label, test, or sell cannabis. The third-party retailers and brands who list their cannabis-related or non-cannabis-related services or businesses through Hosts are solely responsible for ensuring that their products or services are offered in a safe, legal, and compliant manner. HiBnb has no responsibility or liability for any products or services offered by any Host. Nor does HiBnb have any responsibility or liability for any reviews or statements posted on the Websites regarding any products or services offered by any Host.

HiBnb does not own or operate any of the listed Accommodations or Adventures. It is not a provider of any Accommodations or Adventures listed on the Websites or Services. HiBnb is strictly an online platform that promotes Listings and facilitates communication and payments between Hosts and Guests. Accordingly, HiBnb has no control over the Accommodations or Adventures. In order to participate in any Adventure(s), you must agree to the terms of the HiBnb Activity Waiver and Release (the “Waiver”), effective between you and your Host(s) as of the date when you first book or participate in an Adventure, whichever happens first.

Unless explicitly stated otherwise, HiBnb is solely responsible for processing payments between Hosts and Guests, and to make the platform available for Listings. In the hosting of various Listings on the Websites, HiBnb makes no representations or warranties, nor takes any responsibility for the suitability, condition, safety or legality of the Accommodations or Adventures. HiBnb is not responsible and disclaims any and all liability in relation to any and all Listings, Accommodations and Adventures, as well as for the conduct of any Hosts and/or Guests at an Accommodation or an Adventure.

Any information or images reproduced, hosted, conveyed, or made available through HiBnb with respect to Accommodations and Adventures listed are only intended to provide a general photographic representation of the Accommodation or Adventure in question, and under no circumstances are they to be construed as a representation by HiBnb of the quality, condition, or suitability of the Accommodation or Adventure, nor are they an endorsement of the Accommodation or Adventure. Any statement, video, image, or other description of an Accommodation or Adventure is not an endorsement or certification of the Host or the Accommodation or Adventure by HiBnb.

Similarly, HiBnb does not attest to, confirm, support, or endorse any Guest reviews or ratings, nor does it validate or otherwise approve of the veracity, quality or accuracy of any reviews on the Websites. Any statements, qualifications, reviews, or descriptions about Guests or Hosts are strictly for informational purposes and HiBnb strongly encourages users, whether Guests or Hosts, to confirm the veracity or accuracy of any information, images, descriptions, statements, or videos that are used to describe an Accommodation, an Adventure, a Host, or a Guest.

HIBNB IS NOT A PARTY TO ANY AGREEMENT BETWEEN HOSTS AND GUESTS.

HIBNB IS NOT A REAL ESTATE BROKER, AGENT, TRAVEL AGENT OR SALES REPRESENTATIVE AND IS NOT AN INSURER OR INSURANCE BROKER. HIBNB HAS NO CONTROL OVER THE CONDUCT OF HOSTS OR GUESTS AND HEREBY DISCLAIMS ALL LIABILITY REGARDING THE ACTIONS OF HOSTS OR GUESTS OR ANY AGREEMENTS BETWEEN THEM TO THE MAXIMUM EXTENT ALLOWABLE BY LAW.

6. Acknowledgments U.S. Laws by Hosts and Guests

Acknowledgment of U.S. Federal Law

HiBnb operates under applicable U.S. state laws. You expressly acknowledge and understand that marijuana (cannabis) is listed on Schedule I of the United States Controlled Substances Act. Under U.S. federal laws, manufacturing, distributing, dispensing, or possession of marijuana is illegal, and individuals are subject to arrest and/or prosecution for doing so. You further acknowledge that medical use is not recognized as a valid defense under federal laws regarding marijuana. You also acknowledge and understand that the interstate transportation of marijuana is a federal offense.

Acknowledgment of State Law

You expressly acknowledge, understand, and agree that the use, possession, cultivation, manufacturing, transportation, and distribution of cannabis may be illegal in your state of residence and in the state you are located, unless all participants are acting completely within the scope of the state’s applicable laws. The acceptance of a Listing on HiBnb’s website is not a representation or endorsement by HiBnb that the Listing is made in compliance with applicable state law. You expressly acknowledge, understand, and agree to assume full responsibility for determining whether the Accommodations or Adventures comply with applicable state laws.

Acknowledgment of the Laws of Your Location

While the Websites and Services may be accessed from various locations, HiBnb only accepts listings from Hosts located in certain states, cities, counties, municipalities, provinces, and jurisdictions (“Service Area”). In all scenarios, you must abide by and follow the applicable laws of the state, city, county, municipality, province, or jurisdiction in which you are located in order to use the Websites and/or Services. You expressly acknowledge, understand, and agree to assume full responsibility for cooperating with the laws of your place of location while using the Websites and/or Services. HiBnb reserves the right to determine or change its Service Area in its sole discretion at any time.

Health Information

You expressly acknowledge, understand, and agree that any statements relating to cannabis goods, accessories, or any other products available on the Websites, or made available by the Hosts, have not been evaluated by the U.S. Food and Drug Administration (FDA). Neither the products nor the ingredients in any of the products have been approved or endorsed by the FDA or any other regulatory agency. The products available on the Websites, or made available by the Hosts, are not intended to diagnose, treat, cure, mitigate, or prevent any medical condition, illness, or disease in humans or animals. The information provided is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any products seen on the Websites or
made available by the Hosts.

Responsibility of Hosts and Guests To Comply With Applicable Laws

IT IS THE RESPONSIBILITY OF HOSTS AND GUESTS TO ENSURE THAT THEIR ACTIVITIES ARE COMPLIANT WITH ALL APPLICABLE LAWS, REGULATIONS AND BY-LAWS (COLLECTIVELY “APPLICABLE LAWS”), AS WELL AS ANY LANDLORD OR CONDOMINIUM BOARD RULES AND/OR POLICIES (AS APPLICABLE). HIBNB MAKES NO REPRESENTATION REGARDING THE LEGALITY OF THE ACTIVITIES THAT OCCUR AT ACCOMMODATIONS OR ADVENTURES ADVERTISED ON ITS WEBSITES OR SERVICES, AND DISCLAIMS ANY LIABILITY STEMMING FROM ANY SHARING AND/OR USE OF CANNABIS BY HOSTS AND GUESTS.

HOSTS SHOULD BE AWARE OF APPLICABLE LAWS IN THEIR RESPECTIVE JURISDICTIONS. SOME JURISDICTIONS HAVE LAWS THAT RESTRICT THE ABILITY TO HOST PAYING GUESTS OR REQUIRE HOSTS TO REGISTER OR OBTAIN A PERMIT OR LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING GUESTS. CERTAIN TYPES OF BOOKINGS MAY BE PROHIBITED ENTIRELY. HOSTS SHOULD CONFIRM COMPLIANCE WITH ALL APPLICABLE LAWS BEFORE LISTING ACCOMMODATIONS OR ADVENTURES ON OUR WEBSITES OR SERVICES.

7. Licensing and Intellectual Property

Content Descriptions

HiBnb may, in its sole discretion, enable Hosts, Guests, or other users to create, post, upload, send, receive, and store content such as text, photos, audio, video, or other materials and information on our Websites. HiBnb may also provide the right to access and view the content of other Hosts, Guests or users, as well as content from HiBnb, that is made available on or through the Websites, including proprietary HiBnb content and any content or material licensed for authorized use by or through HiBnb from a third party.

In these Terms, “User Content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to these Websites, for whatever purpose. “HiBnb Content” means content that we create or is otherwise owned by us or licensed to us that we make available in connection with the Websites or Services. “Third Party Content” means content that originates from parties other than HiBnb or users of any of the Websites or Services, which is made available in connection with the Websites or Services and not otherwise owned by us; and “Website Content” means all of the content that is made available in connection with the Websites or Services, including User Content, Third Party Content and HiBnb Content.

By uploading, submitting, or otherwise making available your User Content on the Websites, you thereby grant HiBnb worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your User Content in any existing or future media. You also grant HiBnb the right to sublicense these rights, and the right to bring an action for infringement of these rights. Specifically, Hosts and Guests acknowledge that all User Content posted in their Listings is free to be used by HiBnb for marketing, advertising, or other promotional purposes. You acknowledge that you are entirely responsible for anything you submit to the Websites or Services and agree that HiBnb does not have to post or keep posted anything you provide.

Any User Content uploaded, submitted, or otherwise made available on the Websites must not be illegal or unlawful, obscene or offensive, infringe any third party’s legal or proprietary rights, and it must not be capable under any Applicable Laws of giving rise to any legal action against the user, HiBnb, or a third party. You must not submit any User Content to the Websites that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint(s). By uploading, submitting, or otherwise making available User Content on the Websites, you warrant and represent that the User Content abides by the Terms as set out herein.

HiBnb reserves the right, in its sole discretion, to edit, remove, or otherwise alter any User Content or any other material submitted to our Websites or stored on HiBnb servers, or hosted or published on our Websites. Notwithstanding the rights accruing to HiBnb under the Terms in relation to User Content, HiBnb does not undertake to monitor the submission or the publication of User Content on our Websites and accepts no responsibility of liability in respect thereof.

By uploading, submitting, or otherwise making available any information, image, video, statement, or description on our Websites, you warrant that it is not fraudulent, false, misleading, deceptive defamatory, libelous, pornographic, vulgar, offensive, that it does not promote racism, hatred, harassment, or harm against an individual or group, that it is not violent or threatening, that it does not promote illegal or harmful activities, violate any HiBnb policy or these Terms, and that it may be removed by HiBnb in its sole discretion at any time.

You warrant that you have the written consent, release and/or express permission of each and every identifiable person in your User Content to use such person’s name, likeness and/or other identifiable information in your User Content for any use permitted by these Terms and our Privacy Policy.

You warrant that you will not upload, post, transmit, broadcast, sell, transfer, or otherwise make available any User Content or Website Content that is inauthentic, counterfeit, or that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) and that you will not impair or harm any of our computer or related systems or transmit software viruses, worms, Trojan horses, malicious code, spyware, malware or other computer code or damaging files.

You warrant that you are at least of legal age, being no less than twenty-one (21) years old, and you acknowledge that persons under legal age may not submit User Content to HiBnb, the Websites or the Services.

We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Websites or Services.

Disclaimer Regarding User Content

By submitting User Content, you acknowledge that you may expose yourself to liability if, for example, your User Content: (i) contains material that is false, intentionally misleading or defamatory; (ii) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (iii) contains material that is offensive and/or unlawful, including illegal hate speech or pornography; (iv) exploits or otherwise harms minors; or (v) violates or advocates the violation of any law or regulation.

Similarly, by using the Websites and Services, you acknowledge that you may encounter User Content that, for example: (i) Contains material that is false, intentionally misleading or defamatory; (ii)Violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (iii) Contains material that is offensive and/or unlawful, including illegal hate speech or pornography; (iv) exploits or otherwise harms minors; or (v) violates or advocates the violation of any law or regulation.

HiBnb does not guarantee the accuracy, integrity, quality, or authenticity of any User Content. By using the Websites and Services, you understand and agree that HiBnb is not the creator or developer of any information provided by other users, including User Content, and HiBnb is not liable for any information provided by other users, including User Content.

Limited License Granted by HiBnb

Subject to your compliance with these Terms and our Privacy Policy, HiBnb grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal and non-commercial use of the Websites and Services. This license does not include: (i) any resale or commercial use of the Websites or Services, or their contents; (ii) any collection, scraping, downloading, reproducing, distributing, copying, or use of any product or HiBnb client listings, descriptions, prices, or any other Website Content; (iii) any derivative use of any of the Websites or Services or Website Content; or (iv) any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms or the Privacy Policy are reserved and retained by HiBnb. You may not use any meta-tags or any other “hidden text” utilizing HiBnb’s
name or trademarks or other intellectual property rights without the express written consent of HiBnb. The licenses granted by HiBnb shall immediately terminate should you fail to comply with these Terms or the Privacy Policy.

Subject to these Terms and our Privacy Policy, HiBnb grants you a non-transferable, non-exclusive license to install and use the software Hibnb may make available for mobile devices via our mobile app in executable object code format only, solely on your own handheld mobile device and for your personal, noncommercial use. You acknowledge and agree that the availability of the Mobile App is dependent on the third-party app platform from which you received the Mobile App (“App Platform”). You acknowledge that these Terms concern you and HiBnb, and not the App Platform. The App Platform is not responsible for the mobile app, the content therein, maintenance, support services, and warranty therefore. Each App Platform may have Additional Terms to which you must agree before downloading the Mobile App from it. You agree to comply with, and your license to use the mobile app is conditioned upon your compliance with, all applicable agreements, terms and conditions of use/service, and other policies of the applicable App Platform.

License Granted by You

As between you and HiBnb, you retain ownership of the User Content that you post, submit, provide, or otherwise make available on or through the Websites or Services. However, by submitting your User Content, you hereby grant HiBnb and all Websites and Services, the following worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sublicensable, and transferable rights and licenses:

  • To host, cache, store, archive, index, crawl, create algorithms based on, modify, or transcode your User Content to media formats, standards, or mediums in any and all forms and by whatever means whether now known or hereinafter devised or created, and to exploit any and all allied, ancillary, and subsidiary rights relating thereto and derived therefrom;
  • To use, license, sell, digitize, stream, store, distribute, exhibit, reproduce, commercialize, publicize, display, modify, adapt, edit, excerpt, communicate, translate, analyze, remove, prepare derivative works and compilations of, compress, transmit, integrate, insert, market, and promote your User Content in any and all forms and media and by whatever means whether now known or hereinafter devised or created, and to exploit any and all allied, ancillary, and subsidiary rights relating thereto and derived therefrom;
  • To use your User Content, in whole or in part, for advertising, promotional, or commercial purposes, including without limitation, the right to publicly display, reproduce, and distribute your User Content in any and all forms and media and by whatever means whether now known or hereinafter devised or created, and to exploit any and all allied, ancillary, and subsidiary rights relating thereto and derived therefrom
  • To grant any rights or licenses to any third parties to do any of the foregoing in the above clauses (1) – (3) in connection with their own websites and media platforms; and
  • To enforce copyright, trademark, trade secret, and other intellectual property related claims against third parties that have, without receiving proper authorization, scraped, manipulated, copied, derived, distributed, or otherwise improperly or illegally used and benefited from User Content that has been provided to HiBnb by you.

You irrevocably waive, and cause to be waived, against HiBnb and its users, any claims and assertions of moral rights or attribution with respect to your User Content.

You hereby grant HiBnb the right and license to use any data, images, or information that is pushed or otherwise transferred to us through any of our application programming interfaces by you or by any third party on your behalf (“Licensed Data”) for any purpose relating to any of the businesses of HiBnb or for any purpose relating to the Websites or Services, including in connection with displaying any data, images, or information on the Websites. You acknowledge and agree that we shall have the right to reformat, improve, modify, adapt, derive, redisplay, and/or reprocess any of the Licensed Data and that we shall exclusively own all derivative works, graphical layouts, compilations, improvements, modifications, adaptations, analyses, and interpretations of the Licensed Data. Interpretations or translations of any of the Licensed Data prepared by HiBnb shall be owned exclusively by us.

Ownership of HiBnb’s Content

We own the HiBnb Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Website Content, computer code, products, software, data, aggregate user review ratings, and all other elements and components of the Websites, but excluding User Content and Third-Party Material (as defined below). We also own the patents, patent applications, copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the HiBnb Content, the Websites, and the Services, which are protected by copyright, trade secret, patent, trademark, and all other applicable intellectual property and proprietary rights and laws. For the avoidance of doubt, the IP Rights owned by HiBnb includes all metadata or compilation data generated from the Websites or Services (including using or derived from user inputs to the Websites or Services, pricing, sales and inventory data, or User Content) (the “HiBnb Metadata”) As such, you may not use, modify, duplicate, obscure, rent, lease, loan, sell, manipulate, reproduce, copy, republish, download, post, transmit, scrape, reverse engineer, distribute, create derivative works or adaptations of, publicly display, or in any way exploit any of the HiBnb Content, Websites or Services, or any of the IP Rights of HiBnb, in whole or in part, unless expressly authorized by us in writing. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights relating to the HiBnb Content, the Websites, and the Services, and all such rights are retained by us

Linking to Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent.

  • Link from your own or certain third-party websites to certain content on our Websites.
  • Send emails or other communications with certain content, or links to certain content, on our Websites.
  • Cause limited portions of content on our Websites to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Websites or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Websites other than the homepage.
  • Otherwise take any action with respect to the materials on our Websites that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Third-Party Materials

The Websites or Services might display, include, or make available Third-Party Content (including data, information, links, articles, applications or other products, services, and/or materials) or contain links to third-party websites, services, and advertisements for Third-Party Offers (as defined below) (collectively, the “Third-Party Materials”). You acknowledge and agree that HiBnb is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. HiBnb does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to Third-Party Material, the applicable third
party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.

Some portions of the Websites and Services implement Google Maps API. By using Google Maps API, you agree to be bound by Google’s Terms of Service. For more information on HiBnb’s use of API, please consult our Privacy Policy.

Copyright Infringement

It is HiBnb’s policy, in appropriate circumstances and at its discretion, to disable, eliminate access to, and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights of others.

In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which can be found on the U.S. Copyright Office website, HiBnb will respond appropriately to claims and reports of copyright infringement taking place on or through the Websites.

If you are a copyright owner, an authorized representative of a copyright owner, or an authorized representative permitted to act under an exclusive right per an applicable copyright, please report alleged copyright infringements taking place on or through the Websites by completing the following DMCA Notice of Alleged Infringement and delivering it to HiBnb in accordance with the DMCA and these Terms. Upon receipt of a properly completed and delivered DMCA Notice of Alleged Infringement, HiBnb will take whatever action it deems appropriate in its sole discretion, but subject to its obligations under the DMCA, including removal of the challenged material from the Websites.

DMCA Notice of Alleged Infringement (“Notice”)

  • Identify the copyrighted work that you claim has been infringed, or—if multiple copyrighted works are covered by this Notice—provide a comprehensive list of the copyrighted works that you claim have been infringed.
  • Identify the material that you claim is infringing (i.e., the material you want removed, or material that you want all access disabled to) and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Websites where such material may be found.
  • Provide your mailing address, telephone number, and, if available, email address.
  • Include both of the following statements in the body of the Notice: a. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.” b. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  • Provide your full legal name and your electronic or physical signature.
  • Deliver this Notice, with all above items completed, to HiBnb: [include mailing address and email]

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a Notice automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by HiBnb in connection with the Notice and allegation of copyright infringement.

8. Registration

Access to certain areas and features of the Websites and Services, including listing Accommodations and Adventures and viewing Listings, is restricted to registered users.

You must provide accurate, current, and complete information during the registration process and you must keep your HiBnb account information up to date at all times. You may not maintain more than one HiBnb account and all accounts are to be registered and maintained by a person, and not a corporation, partnership, sole proprietorship or any other entity organized for the purpose of carrying on business for profit.

HiBnb does not assume any responsibility for the confirmation of any Guest’s or Host’s identity or age. However, and notwithstanding the foregoing, we may, but have no obligation to, require Hosts or Guests to provide a form of government identification or any other reasonable information designed to facilitate the confirmation of your identity and date of birth.

You are solely responsibility for maintaining the confidentiality of your HiBnb user ID and password.

HiBnb may disable your user ID and password in HiBnb’s sole discretion without notice or explanation.

9. Terms for Hosts

Hosts must be old enough to legally possess and consume cannabis in the jurisdiction in which the Accommodation or Adventure is located. Hosts are not permitted to provide an Accommodation, Adventure or cannabis to anyone who is not of legal age to possess and consume cannabis in the jurisdiction in which the Accommodation or Adventure is located.

When Hosts create a Listing for an Accommodation or Adventure on the Websites, they must provide complete and accurate information, disclose any relevant deficiencies, restrictions, or requirements that are applicable at the Accommodation or Adventure, as well as any other reasonable or pertinent information that is requested by a Guest. Hosts are solely responsible for setting a price, including any taxes or charges, such as cleaning fees. Once a Guest has made a booking request, the Host may not request that the Guest pay a higher price than is stated in the Listing. Any cancellation terms in the Listing must not conflict with these Terms.

Hosts must obtain appropriate insurance with respect to their Accommodation or Adventure, with a minimum of $1 Million in general liability insurance coverage including bodily injury and property damage and, in the case of Accommodations, property insurance coverage with a minimum coverage amount equal to the value of the property and its contents. You should review any insurance policy carefully, including but not limited to whether the insurance policy will cover the action of Guests. To be clear, HiBnb is not an insurer and is not a party to your contracts with Guests and will not be liable for any damage to any of your property whatsoever.

Hosts must be individuals. The Accommodations listed on the Websites must be the Host’s place of residence. Guests and Hosts are prohibited from marketing, distributing or selling cannabis, or engaging in any other conduct which violates any Applicable Laws.

HiBnb does not monitor, and has no obligation to ensure the legality of, any activities of Hosts or Guests at Accommodations or Adventures. However, HiBnb retains the right, in its sole discretion, to remove a Host or Guest from the Websites at any time and prohibit them from posting Listings or booking Accommodations or Adventures based upon reported conduct.

Upon receipt of a booking confirmation from a Guest, a legally binding agreement is formed between the Host and the Guest, subject to these Terms and any additional terms and conditions (consistent with these Terms) that may be agreed upon between the parties.

Each Host acknowledges that HiBnb’s obligation to remit payment to the Host is contingent upon and subject to successful receipt of the associated payment from the Guest and shall be subject to deduction of the agreed-upon service fee payable by the Host to HiBnb in respect of the booking. HiBnb is not liable to the Host for amounts that are not actually received by HiBnb from Guests, and HiBnb assumes no liability for any acts or omissions of any Guests or Hosts.

10. Terms for Guests

Guests (as well as anyone else staying at an Accommodation with them or participating in an Adventure with them) must be 21 or older.

HiBnb makes no representations and provides no warranties for the legality or safety of the activities that occur at Accommodations or Adventures, and specifically disclaims any liability stemming from the production, transportation, provision, sale, use, marketing, advertisement, of cannabis, or any other potential violation of any relevant laws in the jurisdiction by the Guests and/or Hosts that use our Websites.

It is the sole responsibility of a Guest booking an Adventure to determine whether their participation in the Adventure would be advisable given their state of health and any inherent risks present with the Adventure. HiBnb accepts no liability or responsibility in this regard. HiBnb does not review or approve the safety or legality of any Adventure nor does it audit or supervise Adventures. Participation in Adventures is at Guests’ own risk.

Guests agree that their conduct while on the Websites, whether communicating with a Host or another Guest or any other individual, and as well for their conduct while staying at an Accommodation or participating in an Adventure, will be respectful, and will not be threatening, intimidating, violent, coercive, illegal, harmful, vulgar, offensive, or otherwise improper or in contravention of these Terms or Applicable Laws.

HiBnb does not monitor, and has no obligation to ensure the legality of, any activities of Hosts or Guests at Accommodations or Adventures. However, HiBnb retains the right, in its sole discretion, to remove a Host or Guest from the Websites at any time and prohibit them from posting Listings or booking Accommodations or Adventures based upon reported conduct.

Upon receipt of a booking confirmation from a Guest, a legally binding agreement is formed between the Host and the Guest, subject to these Terms and any additional terms and conditions (consistent with these Terms) that may be agreed upon between the parties.

11. Booking Terms

Booking Procedure

Users of the Websites can create accommodation Listings for Guests. To create a Listing, Hosts will have to answer questions pertaining to the Accommodation or Adventure to be listed, including but not limited to the location, size, property capacity, features, availability, activity and any other specific rules, restrictions, or offerings that the Host wants to impose or offer, so long as they are consistent with and not in violation of these Terms, and any other contracts or documentation required by HiBnb. You may also provide accurate and up-to-date photographs of the Accommodation or Adventure.

Upon a Guest requesting a booking for an Accommodation or Adventure, HiBnb will (subject to Guest verification, as set out below) advise the Host of the requested booking and the Host will have the option to accept or reject the request. If accepted, the Guest will be advised via the Websites and the Guest’s credit card will then be charged.

Hosts acknowledge that any Accommodation will not violate any agreements you have entered into with any third parties, including but not limited to those with condominium or homeowners’ associations, leases, or other rental agreements. Hosts acknowledge that any Accommodation or Adventure listed will not conflict with the rights of third parties. HiBnb reserves the right to remove any Accommodation or Adventure listed at its sole discretion without providing any reason or justification therefor.

Subject to any other requirements set by HiBnb, Guests may book an Accommodation and/or Adventure. All applicable fees will be presented to you prior to booking. Upon receipt of a booking confirmation from HiBnb, a legally binding agreement is formed between the Guest and the Host, in accordance with these terms and any other terms and conditions agreed upon by the Guest and Host.

By using the Websites or Services, Guests acknowledge that they understand that each confirmed booking of an Accommodation is a limited license granted by the Host to enter upon, occupy, and use the Accommodation for the duration of the stay as specified in the booking confirmation, during which time the Host, to the extent permitted by Applicable Laws, retains the right to re-enter the Accommodation.

Guests agree to leave the Accommodation no later than the checkout time that is specified in the booking confirmation. Any occupation, use, or entrance upon the Accommodation past the checkout time is done without license to do so, and the Host is entitled to remove you from the Accommodation in accordance with Applicable Laws, and to charge additional fees as set out in the booking confirmation. The Guest and Host can mutually agree to extend the Guest’s occupation and use of the Accommodation.

Guests and Hosts using the Websites hereby agree that HiBnb shall be the Host’s and the Guest’s exclusive payment processor for accepting fees paid by the Guest for Accommodations or Adventures listed on the Websites.

Guests and Hosts acknowledge that HiBnb is not a party to any agreement between them and, as such, will not be responsible for the obligations of either the Guest or the Host in any such agreements, and HiBnb specifically disclaims all liability arising from or related to any such agreements.

Guests are responsible for leaving the Accommodation in the condition that it was in prior to arrival. As a Guest, you acknowledge and agree that you are responsible for your own acts and omissions, and for the acts and omissions of any third parties that you invite into the Accommodation or are otherwise provided access to the Accommodation by you. Guests agree to pay to Hosts all of the costs for repairing damage caused to the Accommodation during their rental. Guests are also responsible for any damage caused by them while participating in an Adventure.

Guests and Hosts shall cooperate with HiBnb in good faith at all times, and provide HiBnb with such information and take such actions as may reasonably be required by HiBnb in response to any complaints, concerns or claims made by Guests or Hosts in relation to Accommodations or any other personal property located thereon, or in relation to Adventures. As a Guest, you acknowledge that a claim may be made under your homeowner’s, renter’s, or any other applicable insurance policy related to any loss or damage that you are responsible for at an Accommodation or to any other personal property located thereon. You agree to provide HiBnb with the information necessary to make such an insurance claim.

Notwithstanding the foregoing, HiBnb has no obligation to recover losses suffered by Hosts and specifically disclaims any liability for the acts or omissions of Guests, or third parties invited into Accommodations or to Adventures by the Guest.

Guest Verification and Host Guarantee

Superhog is an independent third-party service provider which verifies Guests and puts Host protection in place for Guest damages and liabilities in the form of a guarantee. Further details on the services provided by Superhog and the relevant service terms can be found at www.superhog.com.

Upon completion of an Accommodation Listing, HiBnb will share the Host’s name, email address and phone number with Superhog. Superhog will then contact the Host for further information which will be required in order to trigger the mandatory Guest verification service and coverage provided by Superhog. If the Host does not provide the required information to Superhog, or if Superhog declines to provide its services to the Host for any reason, the Listing may be removed by HiBnb.

HiBnb will charge each Guest a service fee (the “Guest Verification Fee”) of Five Dollars ($5.00 USD) plus applicable taxes (subject to increase from time to time) per stay to cover the cost of the verification process and insurance backed Host guarantee provided by Superhog.

When a Guest requests booking they will be verified by Superhog which will trigger the Host guarantee for the specified booking. If a Guest is not verified, their request to book will fail and the Host will not be contacted. The Host will only be contacted by Guests who are verified, ensuring that their property will be guaranteed against damage or loss caused by the Guest, up to $1M Euros in property damage and $1M Euros in public liability protection, and subject to further terms and conditions imposed by Superhog. HiBnb makes no representations regarding the sufficiency or appropriateness of this coverage.

The guarantee provided by Superhog is made directly by Superhog to the Host and does not involve HiBnb. Any claims made by a Host must be pursued directly with Superhog at claims@superhog.com. HiBnb will have no liability or role in the resolution or payout of claims.

Accommodation Fees and Commissions

The Listing price for an Accommodation plus any additional fees payable by the Guest such as cleaning charges are collectively referred to as the “Accommodation Price”.

HiBnb charges Guests a service fee (“Accommodation Service Fee”) in an amount equal to Ten Percent (10%) of the Accommodation Price, plus any applicable taxes. The Accommodation Price plus the Accommodation Service Fee plus the Guest Verification Fee are collectively referred to as the “Accommodation Charge”.

Fifty Percent (50%) of the Accommodation Charge is paid by the Guest at the time of booking with the remaining Fifty Percent (50%) of the Accommodation Charge being paid by the Guest three (3) days prior to the arrival date.

The Host shall pay a commission (the “Accommodation Commission”) to HiBnb equal to Three Percent (3%) of the Accommodation Price, plus any applicable taxes.

HiBnb shall use reasonable efforts to remit payment to the Host 24 hours after Guest departure. The amount remitted to the Host shall be the Accommodation Price less the Accommodation Commission.

Adventure Commissions

The Listing price for an Adventure plus any additional fees payable by the Guest are collectively referred to as the “Adventure Price”.

HiBnbn charges Guests a service fee (“Accommodation Service Fee”) in an amount equal to Ten Percent (10%) of the Accommodation Price, plus any applicable taxes. The Accommodation Price plus the Accommodation Service Fee are referred to as the “Accommodation Charge”.

One Hundred Percent (100%) of the Adventure Charge is paid by the Guest at the time of booking.

The Host shall pay a commission (the “Adventure Commission”) to HiBnb equal to Twenty Percent (20%) of the Adventure Price, plus any applicable taxes.

HiBnb shall use reasonable efforts to remit payment to the Host upon confirmation of completion of the Adventure 24 hours after the scheduled Adventure time. The amount remitted to the Host shall be the Adventure Price less the Adventure Commission.

Funds

Accommodation Charges and Adventure Charges shall be held by HiBnb in a trust account and shall not be commingled with the general funds of HiBnb.

The Timing of payment remittances to Hosts is dependent upon the performance of HiBnb’s third party payment processor and HiBnb is not liable for any payment delays beyond its reasonable control.

Cancellation Policy

Guests will receive a 100% refund in the case of a cancellation request received via the Websites within 24 hours of booking. Until 2 weeks after booking, Guests may receive a 50% cancellation refund. Thereafter, cancellation shall be at the discretion of the Host.

Fees and Commissions owing to HiBnb shall be deemed earned in full 24 hours after booking and shall be non-refundable at that point. Any amount remitted to the Host in respect of a cancellation thereafter shall be net of the Guest refund and any Fee and/or Commission amount earned by HiBnb.

12. Disclaimer Of Warranties

You expressly acknowledge, understand, and agree that:

To the maximum extent permitted by law, the entire risk arising out of your access to and use of the Websites and Services, is assumed by you and remains with you.

THE WEBSITES AND SERVICES ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” BASIS. HiBnb and its affiliates, officers, directors, managers, shareholders, owners, employees, contractors, consultants, and agents expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement and quality of service, or any other potential or actual warranty of any kind.

HiBnb and its affiliates, officers, directors, managers, shareholders, owners, employees, contractors, consultants, and agents make no guarantee or warranty that: (a) The Websites and Services will satisfy your needs and requirements or will be compatible with your equipment; (b) The Websites and Services, and all affiliated websites, features, services, communications, and applications, will be comprehensive, uninterrupted, timely, secure, or error-free, or be free from loss, destruction, corruption, online attack, viruses, worms, or other invasive, harmful, or corrupted or other related intrusions; (c) The information, data, or results realized or obtained from your use of the Websites will be accurate, up to date, satisfactory or reliable or fit or useful for any specific purpose; (d) The quality or value of any properties, services, products, information, or other materials purchased or obtained by you through the Websites and Services will meet your expectations; (e) That any offer made or message sent will be successfully transmitted, received, and processed; and (f) Any errors in the guidelines, software, or protocols will be corrected or resolved.

HiBnb is unable to guarantee consistent, continuous, or secure access to its websites, applications, services, programs, content, and network, and operation of the Websites and Services may be interfered with or delayed by numerous potential factors outside of HiBnb’s control.

Any product or program downloaded or otherwise obtained through the use of the Websites and Services is accessed at your own discretion and risk, and you will be solely responsible and fully liable for any damage to your computer system or mobile device, loss of data, or any other loss or damage that results from the download or use of any such product, material, application, feature, or other program.

All content, including medical or legal information, strategy, guidelines, or related content, whether oral or written, obtained by you from HiBnb or from the Websites, Services, or relevant social media pages is intended for informational and educational purposes only. Such information is not intended to be legal advice and/or medical advice, diagnosis, or treatment. You should consult an attorney for legal advice regarding your individual situation and/or a doctor or other qualified health care provider if you have any questions about any medical conditions.

No information, including medical or legal information, strategy, guidelines, or related content, whether oral or written, obtained by you from HiBnb or from the Websites, Services, or relevant social media pages shall create any warranty, guarantee, or strategy not expressly stated in these Terms.

HiBnb cannot and does not control any User Content and, as such, does not guarantee the accuracy, integrity, quality, safety, legality, morality, and/or authenticity of such content, the truth or accuracy of users’ content, the ability of listings to confirm product availability or pricing, or the ability of users to confirm experiences from using or purchasing specific products discussed or sold on the Websites or Services.

13. Limitation Of Liability

You expressly acknowledge, understand, and agree that:

HiBnb and its subsidiaries, affiliates, officers, employees, agents, partners, licensees, and licensors shall bear no liability whatsoever, whether in contract, warranty, tort (including negligence), product liability, or any other legal theory for any costs or damages of any kind resulting from technical disruptions, computer malfunctions, computer viruses, third-party modifications to the Websites or Services, or any other event beyond HiBnb’s reasonable control.

HiBnb and its subsidiaries, affiliates, officers, employees, agents, partners, licensees, and licensors shall not be liable to you (or any third party you represent) for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, or other damages, including, but not limited to, computer damage or system failure, damages for loss of opportunity, reputation, profits, goodwill, use, valuation, tax benefit, data, or other intangible losses (even if HiBnb has been advised of the possibility of such damages) arising out of or related to: (a) these Terms, the Additional Terms, and the Privacy Policy; (b) the use of or the inability to use the Websites or Services; (c) the cost to procure substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages, e-mails, reviews, postings, comments, or other communications received, or transactions entered into via the Websites or Services; (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of any third party on the Websites; (f) the failure of the network or the Websites to timely process an offer; or (g) any other matter relating to the Websites or Services.

Neither HiBnb nor its subsidiaries, affiliates, officers, employees, agents, partners, licensees, and licensors is a party to any transactions made between Hosts and Guests. Neither HiBnb nor its subsidiaries, affiliates, officers, employees, agents, partners, licensees, and licensors shall be liable for any defaults, costs, the contents of any documents, or interactions between or among users, including users, listings, physicians, and all related parties.

TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE AMOUNT OF OUR TOTAL LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE ADDITIONAL TERMS, THE PRIVACY POLICY, OR YOUR USE OF THE WEBSITES OR SERVICES (OR RELATED TO OUR PROVISION OF SERVICES OR PERFORMANCE OR NONPERFORMANCE OF OUR OBLIGATIONS) IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES, IF ANY, YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; OR (B) $100.

By using these Websites and Services, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable. If you do not think they are reasonable, you must not use our Websites.

The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and HiBnb. Some states, counties, or jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential, or other related damages or losses. Accordingly, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Nothing herein is intended to limit any rights you may have which may not be lawfully limited. If any provision of these Terms is, or is found to be, unenforceable under Applicable Laws, that will not affect the enforceability of the other provisions of these Terms.

14. Indemnification and Release

If there is a dispute between users of the Websites or Services, including between Hosts and Guests, you understand and agree that HiBnb and its affiliates are under no obligation to become involved in such a dispute.

You acknowledge and agree that, order to participate in any Adventure(s), you must agree to the terms of the . The Waiver is effective solely between you and your Host(s) as of the date when you first book or participate in an Adventure, whichever happens first. HiBnb is not a party to the Waiver and is not bound by any of its terms.

You agree to indemnify and hold HiBnb and its affiliates (and their respective owners, directors, managers, officers, partners, employees, independent contractors, agents, successors and assigns) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs, and expenses (including but not limited to attorneys’ fees and court costs) known and unknown, suspected and unsuspected, disclosed and undisclosed arising out of or relating to: (i) your use or misuse of the Websites or Services, and any resulting Listing, Accommodation or Adventure; (ii) your User Content; (iii) your breach or violation of these Terms, the Additional Terms, or the Privacy Policy; or (iv) your violation of applicable laws or regulations.

HiBnb will use reasonable efforts to notify you of any such claim for which HiBnb seeks indemnification hereunder upon becoming aware of it; provided, that the failure to provide such notice shall not relieve you of your obligation to provide indemnification hereunder. HiBnb reserves the right, at your expense, to assume the exclusive defense and control of any such matter for which you are required to indemnify us or any other indemnitee hereunder, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of HiBnb.

You hereby release and forever discharge HiBnb (and its owners, directors, managers, officers, partners, employees, independent contractors, agents, and successors and assigns of itself or its affiliates) from, and hereby waive and relinquish your rights with respect to, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), arising out of or relating to any interactions with, or act or omission of, other Websites or Services.

15. Dispute Resolution

THIS SECTION GOVERNS HOW DISPUTES BETWEEN YOU AND HIBNB ARE RESOLVED, AND REQUIRES THAT DISPUTES BE SUBMITTED TO BINDING INDIVIDUAL ARBITRATION. PLEASE REVIEW THIS SECTION CAREFULLY AS IT LIMITS CERTAIN RIGHTS INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN CLASS OR OTHER COLLECTIVE ACTIONS.

Overview of Dispute Resolution

HiBnb is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process: (i) an informal negotiation directly with HiBnb’s customer service team; and (ii) a binding arbitration administered by the American Arbitration Association (“AAA”).

Pre-Arbitration Dispute Resolution and Notification

In the event a dispute arises out of or relates to these Terms, the Additional Terms, the Privacy Policy, or your use of the Websites and Services, you and HiBnb, in good faith, agree to first attempt to resolve the dispute between ourselves through informal direct discussions prior to the initiation of arbitration. If, after a good faith effort to negotiate, either you or HiBnb feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules (as defined below).

Agreement to Arbitrate

In the event we cannot resolve a dispute through direct informal discussions, you and HiBnb (collectively, the “Parties”) mutually agree that any dispute, claim, counterclaim, or controversy arising out of or relating to these Terms,THE ADDITIONAL TERMS, OR THE PRIVACY POLICY—including the applicability, breach, termination, validity, enforcement or interpretation thereof—or the use of the Websites and/or Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, the Parties mutually agree that the arbitrator will decide this issue.

Exceptions to Arbitration Agreement

The Parties mutually agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (ii) any application seeking emergency injunctive relief based on exigent circumstances. Filing of claims subject to these exceptions shall not be deemed a waiver of either your or HiBnb’s right under the Arbitration Agreement to have all other Disputes determined by individual arbitration in accordance with the terms of the Arbitration Agreement.

Arbitration Rules and Governing Law

This Arbitration Agreement shall be governed by the Federal Arbitration Act. The arbitration will be administered by the AAA in accordance with the AAA Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. Unless otherwise agreed by the Parties, the arbitration will proceed before a single arbitrator.

Jury Trial Waiver

The Parties acknowledge and agree to waive the right to a trial by jury as to all arbitrable Disputes.

No Class Actions or Representative Proceedings

The Parties acknowledge and agree, to the fullest extent permitted by law, to waive the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, collective action, private attorney general action, or any other representative proceeding as to all Disputes.

Unless the Parties both otherwise agree in writing, the arbitrator may not consolidate or join the claims of other persons or parties, or otherwise preside over any form of class, collective, or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “collective action” waiver or the “private attorney general action” waiver or the “representative proceeding” waiver in this paragraph is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and the Parties agree that any collective claims and private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.

Severability / No Waiver

Except as provided above with respect to the “class action lawsuit” or “class-wide arbitration” waivers, if any provision of the Arbitration Agreement is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of the Arbitration Agreement shall continue in full force and effect.

Survival Past Termination

Unless superseded by a later arbitration agreement between the Parties, this Arbitration Agreement will survive the termination of these Terms, Additional Terms, or Privacy Policy.

Legal, copyright, and other questions or concerns should be directed to team@hibnb.ca

16. Choice of Law; Venue; Submission to Jurisdiction

Except as otherwise provided in Section 15, these Terms, the Additional Terms, and the Privacy Policy shall be governed by the laws of the State of New York applicable to contracts made or to be performed in New York, without regard to the conflicts of law principles thereof. All Parties consent to the exclusive personal jurisdiction and venue of any State or Federal court of appropriate jurisdiction sitting in the State of New York, County of New York, and agree that all disputes or litigation regarding matters excluded from the Arbitration Agreement in Section 15 related to the Terms, Additional Terms, or Privacy Policy, shall be submitted to and determined by said courts that have jurisdiction.

17. Breach of These Terms; No Waiver

Without prejudice to HiBnb’s other rights under these Terms or Additional Terms, if you breach these Terms, Additional Terms, or Privacy Policy, in any way, HiBnb may take such action as HiBnb deems appropriate to deal with the breach, including suspending your access to the Websites or Services, prohibiting you from accessing the Websites or Services, blocking computers using your IP address from accessing the Websites or Services, contacting your internet service provider to request that they block your access to the Websites and/or bringing court proceedings against you.

Bookings between a Host and a Guest that take place outside of the Websites or Services are strictly prohibited and automatically exclude all liability on the part of HiBnb.

The failure of HiBnb to enforce any right or provision of these Terms, Additional Terms, or Privacy Policy, will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of HiBnb. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

18. Assignment

HiBnb may transfer, sub-contract or otherwise deal with HiBnb’s rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms without the written consent of HiBnb.

You agree that your HiBnb account is non-transferable and any rights to your Website user identification or contents within your accounts terminate upon your death.

19. Entire Agreement

These Terms, along with any Additional Terms provided in a booking confirmation, and the Privacy Policy, constitute the entire and exclusive understanding and agreement between you and HiBnb regarding the Websites and Services, and these Terms supersede and replace any and all prior Terms of Service or Terms of Use for any of the Websites or Services.

20. Severability

Except as otherwise provided in Section 15, if any of the conditions contained within these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions set forth herein.