PLEASE READ THESE TERMS OF USE AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

Vacodia, Inc. (hereafter referred to as “Vacodia”, “we”, “us”, or “our”) provides an online platform that connects hosts who have accommodations to rent with guests seeking to rent such accommodations (collectively, the “Vacodia website”), which Vacodia website are accessible at www.Vacodia.com. By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms), whether or not you become a registered user of the Vacodia website. These Terms govern your access to and use of the Website and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and Vacodia, Inc. If you do not agree to these Terms of Service, you have no right to obtain information from or otherwise continue using the Website. Failure to use the Website in accordance with these Terms may subject you to civil and criminal penalties.

THE WEBSITE COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR ACCOMMODATIONS (DEFINED BELOW) AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK ACCOMMODATIONS. YOU UNDERSTAND AND AGREE THAT VACODIA IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS VACODIA A REAL ESTATE BROKER, AGENT OR INSURER. VACODIA HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE WEBSITE OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

Key Terms
Vacodia Content” means all Content that Vacodia makes available through the Site, Application, or Vacodia website, including any Content licensed from a third party, but excluding Member Content. 
Collective Content” means Member Content and Vacodia Content. 
Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. 
Guest” means a Member who requests a booking of an Accommodation via the Vacodia website, or a Member who stays at an Accommodation and is not the Host for such Accommodation. 
Host” means a Member who creates a Listing via the Website. 
Listing” means an Accommodation that is listed by a Host as available for rental via the Site, Application, and Vacodia website. 
Member” means a person who completes Vacodia’s account registration process, including, but not limited to Hosts and Guests, as described under “Account Registration” below. 
Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Vacodia website. 
Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and Vacodia website taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. 
Certain areas of the Website (and your access to or use of certain aspects of the Vacodia website or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Vacodia website, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Vacodia website, or Collective Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification 
Vacodia reserves the right, at its sole discretion, to modify the Vacodia website or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Vacodia website after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Website.

Eligibility 
The Vacodia website are intended solely for persons who are 18 years or older. Any access to or use of the Vacodia website by anyone under the age of 18 is expressly prohibited. By accessing or using the Vacodia website you represent and warrant that you are 18 years or older. 


How the Website Work 
The Website can be used to facilitate the listing and booking of residential and other properties (“Accommodations”). Such Accommodations are included in Listings on the Website by Hosts. You may view Listings as an unregistered visitor to the Website; however, if you wish to book an Accommodation or create a Listing, you must first register to create aVacodia Account (defined below). 
As stated above, Vacodia makes available a platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Accommodations. Vacodia is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations and Vacodia does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel Vacodia website. Vacodia’s responsibilities are limited to: (i) facilitating the availability of the Website and (ii) serving as the limited agent of each Host for the purpose of accepting Transactionpayments from Guests on behalf of the Host.

PLEASE NOTE THAT, AS STATED ABOVE, THE VACODIA WEBSITE IS INTENDED TO BE USED TO FACILITATE THE BOOKING OF ACCOMMODATIONS. VACODIA CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. VACODIA IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.

Account Registration 
In order to access certain features of the Website, and to book an Accommodation or create a Listing, you must register to create an account (“Vacodia Account”) and become a Member and User. You may register to join the Vacodia website directly via the Site or as described in this section.

You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Website, as described below. As part of the functionality of the Website, you may link your Vacodia Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Vacodia through the Website; or (ii) allowing Vacodia to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Vacodia and/or grant Vacodia access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Vacodia to pay any fees or making Vacodia subject to any usage limitations imposed by such third party service providers. By granting Vacodia access to any Third Party Accounts, you understand that Vacodia will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Vacodia website via your Vacodia Account and Vacodia Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Vacodia Account on the Vacodia website. Please note that if a Third Party Account or associated service becomes unavailable or Vacodia’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Vacodia website. You have the ability to disable the connection between your Vacodia Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.Vacodia makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Vacodia is not responsible for any SNS Content.

We will create your Vacodia Account and your Vacodia Account profile page for your use of the website based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Vacodia Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Vacodia reserves the right to suspend or terminate your Vacodia Account and your access to the Website if you create more than one (1) Vacodia Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Vacodia Account, whether or not you have authorized such activities or actions. You will immediately notify Vacodia of any unauthorized use of your Vacodia Account.

Accommodation Listings

As a Member, you can create Listings. To this end, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, availability of the Accommodation and pricing and related rules and financial terms. In order to be featured in Listings via the Website, all Accommodations must have valid physical addresses. Listings will be made publicly available via the Website. Other Members will be able to book your Accommodation via the Website based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Accommodation, the price for such booking may not be altered. That price also has to be respected and provided to the Guests upon departing.

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Guest stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that Vacodia assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations. Vacodia reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Vacodia, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Vacodia website.

You understand and agree that Vacodia does not act as an insurer or as a contracting agent for you as a Host. If a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and Vacodia is not a party thereto. Notwithstanding the foregoing, Vacodia serves as the limited authorized agent of the Host for the purpose of accepting payments from Guests on behalf of the Host and is responsible for transmitting such payments to the Host.

When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Accommodation, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Accommodation. Any Member wishing to book Accommodations included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Hosting” section of the Website.

If you are a Host, Vacodia makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Accommodation. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable.)

Vacodia recommends that Hosts obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation.

No Endorsement

Vacodia does not endorse any Members who has registered on our website or any Accommodations. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Website. Except as provided in the Vacodia Host Guarantee Terms and Conditions (“Vacodia Host Guarantee”), which is an agreement between Vacodia and Hosts, we will not be responsible for any damage or harm resulting from your interactions with other Members.

By using the Vacodia website, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Vacodia with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the website regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Host against Vacodia regarding the remittance of payments received from a Guest by Vacodia on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

Bookings and Financial Terms

Bookings and Financial Terms for Hosts 
If you are a Host and a booking is requested for your Accommodation via the Website, you will be required to either confirm or reject the booking within 48 hours when the booking is requested (as determined by Vacodia in its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via our Website, we will share with you (i) the first and last name of the Guest who has requested the booking, (ii) a link to the Guest’s Vacodia Account profile page, (iii) the dates of they are seeking to stay in your accomodation, and (iv) an indication that the name that the Guest provided to Vacodia when the Guest became a Member matches the name that the Guest provided to which the Guest has linked his or her Vacodia Account, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of an Accommodation within such 48 hour period, the request will and booking will be cancelled. When you confirm a booking requested by a Guest, Vacodia will send you an email, text message or message via the website confirming such booking, depending on the selections you make via the Website.

The fees displayed in each Listing are comprised of the Accommodation Fees (defined below) and the Guest Fees (defined below.) Where applicable, Taxes may be charged in addition to the Accommodation Fees and Guest Fees. The Accommodation Fees, the Guest Fees and any applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Guest solely relating to a Host’s Accommodation are the “Accommodation Fees”. Please note that it is the Host and not Vacodia which determines the Accommodation Fees. The Accommodation Fee may include a cleaning fee, at the Host’s discretion.

Vacodiadoes not charge any Accommodation Fees but may charge a small fee for other Vacodia websitewhich are called the “Process Extension Fees”. The Process Extension Fees are not added to the Accommodation Fees. Vacodia will collect the Process Extension Fees will be charged to the Host at the time of booking confirmation (i.e. when the Host confirms the booking within 24 hours of the booking request) and will initiate payment of the Accommodation Fees (less Vacodia’s Host Fees (defined below)) to the Host within 24 hours of when the Guest arrives at the applicable Accommodation (except to the extent that a refund is due to the Guest).

Appointment of Vacodia as Payment Agent for Host 


Each Host hereby appoints Vacodia as the Host’s limited agent solely for the purpose of collecting payments made by Guests on behalf of the Host. Each Host agrees that payment made by a Guest to Vacodia shall be considered the same as a payment made directly to the Host and the Host will make the Accommodation available to Guest in the agreed upon manner as if the Host has received the Accommodation Fees. Each Host agrees that, Vacodia may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the booking and (ii) refund to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Host, Vacodia assumes no liability for any acts or omissions of the Host.

Please note that Vacodia does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Vacodia reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Vacodia will provide notice of any Listing fee collection via the Website, prior to implementing such a Listing fee feature.

Bookings and Financial Terms for Guests 
The Hosts, not Vacodia, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Vacodia Website. If you, as a Guest, choose to enter into a transaction with a Host for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host. You acknowledge and agree that you, and not Vacodia, will be responsible for performing the obligations of any such agreements, that Vacodia is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Vacodia disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Vacodia is not a party to the agreement between you and the Host, Vacodia acts as the Host’s payment agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of amounts to Vacodia which are due to the Host, your payment obligation to the Host for such amounts is extinguished, and Vacodia is responsible for remitting such amounts, less Vacodia’s Host Fees, to the Host. In the event that Vacodia does not remit any such amounts to a Host, such Host will have recourse only against Vacodia.

Listings for Accommodations will specify the Total Fees. As noted above, the Host is required to either confirm or reject the booking within 48 hours of when the booking is requested (as determined by Vacodia in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by Vacodia will be refunded to such Guest, depending on the selections the Guest makes via the Website, and any pre-authorization of such Guest’s credit card will be released, if applicable.

You agree to pay Vacodia for the Total Fees for any booking requested in connection with your Vacodia Account if such requested bookings are confirmed by the applicable Host within 48 hours. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that Vacodia, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one US Dollar ($1), to verify your credit card. Once Vacodia receives confirmation of your booking from the applicable Host, Vacodia will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that Vacodia cannot control any fees that may be charged to a Guest by his or her bank related to Vacodia’s collection of the Total Fees, and Vacodia disclaims all liability in this regard. 

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Vacodia or its third party payment processor. You agree to pay Vacodia for any confirmed bookings made in connection with your Vacodia Account in accordance with these Terms by one of the methods described on the Website – e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Vacodia or indirectly, via a third party online payment processor or by one of the payment methods described on the Website. You also authorize Vacodia to charge your credit card in the event of damage caused at an Accommodation as contemplated under “Damage to Accommodations” below and for Security Deposits, if applicable. If you are directed to Vacodia’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the Vacodia website. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Security Deposits

Hosts may choose to include security deposits in their Listings (“Security Deposits”) in the Property Listing Page section on the Website. Each Listing will describe whether a Security Deposit is required for the applicable listed Accommodation. If a Security Deposit is included in a Listing for a confirmed booking of Accommodation, Vacodia will, in its capacity as the payment agent of the Host, use its commercially reasonable efforts to obtain a pre-authorization of the Guest’s credit card in the amount the Host determines for the Security Deposit within a reasonable time prior to the Guest’s check-in at the applicable Host’s Accommodation. Vacodia will also use its commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but Vacodia is not responsible for administering or accepting any claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard. If Vacodia collects the Security Deposit the Hosts will be charge the collection fees charged by the Credit card company of 3.9% as well as $5.99 for processing the action.

Service Fees

In consideration for providing the Vacodia website, Vacodiawill assist as an option to collect service fees from Hosts and Guests (“Service Fees”). Service Fees are made up of two (2) components: (i) Guest Fees and (ii) a fee that is charged to the Host based upon a percentage of the amount of the Accommodation Fees (“Host Fees”). Where applicable, Taxes may also be charged in addition to the Host Fees. Host Fees are deducted from the Accommodation Fees before remitting the Accommodation Fees to the Host, within 48 hours of when the Guest arrives at the applicable Accommodation. Guest Fees are, as noted above, included in the Total Fees. 


Balances will be remitted by Vacodia to Hosts via check, PayPal, direct deposit or other payment methods described on the website or via the Application, in the Host’s currency of choice, depending upon the selections the Host makes via the Website. Please note that for any payments by Vacodia in currencies other than U.S. dollars, Vacodia may deduct foreign currency processing costs from such payments. More information on foreign currency processing cost deductions will be available via the Website. Except as otherwise provided herein, Service Fees are non-refundable.

General Booking and Financial Terms

Cancellations and Refunds 
If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, Vacodia will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed booking made via the Website, either prior to or after arriving at the Accommodation, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Accommodation Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Website.

If a Host cancels a confirmed booking made via the Vacodia website, (i) Vacodia will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from Vacodia containing alternative Listings and other related information. If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested booking, then the Guest agrees to pay Vacodia the Total Fees relating to the confirmed booking for the Accommodation in the alternative Listing, in accordance with these Terms.

Recurring Payments 
In some instances, Guests may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before beginning his or her stay at the applicable Accommodation (collectively, “Recurring Payments”). More information on Recurring Payments will be made available via the Website, if applicable. If Recurring Payments apply to your payment obligations for Total Fees owed for a confirmed booking, you authorize Vacodia, on behalf of the Host, to collect the Total Fees in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Website.

Taxes 
In the United States the IRS regulation, regarding federal tax reporting requirements, stipulates that Vacodia must collect IRS Form W-9 from all property owners in the United States. Property Owners or Managers in other countries outside of the United States are responsible to collecting and reporting the Taxes to their respective jurisdictions. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Vacodia cannot and does not offer Tax-related advice to any Members of the Website. Additionally, please note that each Host is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Where applicable, or based upon request from a Host, Vacodia may issue a valid VAT invoice to such Host.

Foreign Currency 
As part of our Vacodia website, Vacodia provides a feature through which Members may view Total Fees for various Listings in foreign currencies. You understand and agree that these views of Total Fees are for informational purposes only and are not the official Total Fees for the Listings. If you (as a Guest) request a booking, you will be charged in US dollar currency in which you will be charged together with the corresponding amount of Total Fees, if your booking is confirmed by a Host.

Damage to Accommodations 
As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Accommodation. In the event that a Host claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Vacodia Account. Vacodia also reserves the right to charge the credit card on file in your Vacodia Account, or otherwise collect payment from you and pursue any avenues available to Vacodia in this regard, including using Security Deposits, in situations in which you have been determined, in Vacodia’s sole discretion, to have damaged any Accommodation, including, but not limited to, in relation to any payment requests made by Hosts under the Vacodia Host Guarantee, and in relation to any payments made by Vacodia to Hosts. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to the applicable Host or to Vacodia (if applicable).

Both Guests and Hosts agree to cooperate with and assist Vacodia in good faith, and to provide Vacodia with such information and take such actions as may be reasonably requested by Vacodia, in connection with any complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the Vacodia Host Guarantee) or with respect to any investigation undertaken by Vacodia or a representative of Vacodia regarding use or abuse of the Site, Application or the Vacodia website. If you are a Guest, upon Vacodia’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by Vacodia or a third party selected by Vacodia, with respect to losses for which the Host is requesting payment from Vacodia under the Vacodia Host Guarantee.

If you are a Guest, you understand and agree that Vacodia reserves the right, in its sole discretion, to make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for to an Accommodation or any personal or other property located at an Accommodation (including amounts paid by Vacodia under the Vacodia Host Guarantee.) You agree to cooperate with and assist Vacodia in good faith, and to provide Vacodia with such information as may be reasonably requested by Vacodia in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Vacodia may reasonably request to assist Vacodia in accomplishing the foregoing.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Vacodia website and it’s  Content. In connection with your use of our Website, you may not and you agree that you will not:

Vacodia will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Vacodia may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Vacodia has no obligation to monitor your access to the Vacodia website or Contents or to review or edit any Member Content, but has the right to do so for the purpose of operating the Website, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Vacodia reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Vacodia, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Vacodia website. 

Ownership

The Vacodia website and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the website and Content, including all associated intellectual property rights is the exclusive property of Vacodia and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Vacodia website, or Content.

Vacodia Referral Program

As a Member, by referring your friends to request a booking or create a Listing that receives a confirmed booking via the Website, you may participate in the “Affinity Referral Program”, which is a loyalty program we offer to our Members. If you choose to participate in the Referral Program, for each friend you refer to Vacodia for which a Qualifying Referral (defined below) is completed, you may be able to receive VacodiaAffinity Credits (defined below) (each a “Referral Reward”). “VacodiaAffinity Credits” are “points” that may be applied as credits toward future confirmed bookings made by Members via the Website.

In order to receive a Referral Reward, each of the following requirements must be met (collectively, a “Qualifying Referral”): (i) you must log in to your Vacodia Account on the Website and select either the “Invite Friends with Facebook” or “Invite Your Friends” link; (ii) you must share the link provided with friends via Facebook or Twitter, by copying and pasting the unique referral link generated via the website, by sending the unique referral link generated via the website in an email via the Vacodia website to your friends; or by using the other tools provided by Vacodia to share the unique referral link with friends; (iii) a friend who clicks the link on Facebook or otherwise or clicks the link contained in the email must create a Vacodia Account and become a Member; and (iv) after becoming a Member, the friend must either request a booking of an Accommodation which is confirmed by the applicable Host or create a Listing which subsequently receives a confirmed booking via the Vacodia website with Total Fees of at least seventy-five dollars ($100) that is not subsequently cancelled. Please note that you may not be the Host or the Guest for the booking to receive a Referral Reward. 

Satisfaction of a Qualifying Referral and the Referral Reward you receive will be reflected in your Vacodia Account in a commercially reasonable amount of time after the Qualifying Referral has been completed. The Referral Rewards you accrue will be displayed in your Vacodia Account profile page. Referral Rewards can be accrued solely by you and you may not earn Referral Rewards by permitting another individual to use your Vacodia Account. Referral Rewards accrued in multiple Vacodia Accounts may not be combined into one Vacodia Account. You may not earn Referral Rewards by creating multiple Vacodia Accounts. By acquiring Referral Rewards, you agree and acknowledge that Vacodia is granting you a limited, revocable license to a digital item, and that Referral Rewards are not your personal property. You may not obtain any cash or money in exchange for Referral Rewards. Except as explicitly provided herein, Referral Rewards are non-transferable. Members are responsible for keeping track of the Referral Rewards in their Vacodia Accounts.

Specific Terms Regarding VacodiaAffinity Credits (VAC)

VacodiaAffinity Credits may only be redeemed for confirmed bookings via the Website and after you accrue VacodiaAffinity Credits, such VacodiaAffinity Credits will be automatically applied to your next confirmed booking made via the Website. You may only redeem VacodiaAffinity Credits after the VacodiaAffinity Credits are reflected in your Vacodia Account. The scope, variety, and type of Vacodia website and products that you may obtain by redeeming VacodiaAffinity Credits can change at any time.

VacodiaAffinity Credits expire Three (3) years from the date that any VacodiaAffinity Credits are last accrued in your Vacodia Account. Vacodia will notify you at the email address you provided during Account registration within thirty (30) days of when the VacodiaAffinity Credits in your Vacodia Account are scheduled to expire. If for some reason you believe that there is a discrepancy regarding your balance of VacodiaAffinity Credits, please contact us at Legal@Vacodia.com. Vacodia may require to you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at Vacodia’s sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of VacodiaAffinity Credits. Where applicable, Vacodia may be required to account for VAT on any Vacodia website for which the VacodiaAffinity Credits are redeemed.

Without limiting any other terms of these Terms and subject to applicable law, all VacodiaAffinity Credits are forfeited if your Vacodia Account is terminated or suspended for any reason, in Vacodia’s sole discretion, or if Vacodia discontinues providing the Site, Application, Vacodia website or the Referral Program.

Vacodia Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, Vacodia grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Vacodia Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Vacodia website, or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Vacodia or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content onto our website. By making available any Member Content on or through the Website, you hereby grant to Vacodia a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Website. Vacodia does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Website. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Website or you have all rights, licenses, consents and releases that are necessary to grant to Vacodia the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Vacodia’s use of the Member Content (or any portion thereof) on, through or by means of the Vacodia website will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Links

The Website may contain links to third-party websites or resources. You acknowledge and agree that Vacodia is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or Vacodia website on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Vacodia of such websites or resources or the content, products, or Vacodia website available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or Vacodia website on or available from such websites or resources.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Vacodia used herein are trademarks or registered trademarks of Vacodia. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website (“Feedback”). You may submit Feedback by emailing us through the Info@Vacodia.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Vacodia and you hereby irrevocably assign to Vacodia and agree to irrevocably assign to Vacodia all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Vacodia’s request and expense, you will execute documents and take such further acts as Vacodia may reasonably request to assist Vacodia to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Policy

Vacodia respects copyright law and expects its users to do the same. It is Vacodia’s policy to terminate in appropriate circumstances the Vacodia Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Termination and Vacodia Account Cancellation

We may, at our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Website, and (b) deactivate or cancel your Vacodia Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Vacodia terminates these Terms, or your access to our Website or deactivates or cancels your Vacodia Account you will remain liable for all amounts due hereunder. You may cancel your Vacodia Account at any time via the “Cancel Account” feature of the Vacodia website or by sending an email to legal@Vacodia.com. Please note that if your Vacodia Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Website, including, but not limited to, any reviews or Feedback.

Disclaimers

IF YOU CHOOSE TO USE VACODIA WEBSITE AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT VACODIA DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, VACODIA WEBSITE, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, VACODIA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. VACODIA MAKES NO WARRANTY THAT THE SITE, APPLICATION, VACODIA WEBSITE, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. VACODIA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, YOUR ACCRUAL OF VACODIAAFFINITY CREDITS, THE VACODIA WEBSITE OR CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, VACODIA WEBSITE OR REFERRAL PROGRAM. 
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VACODIA OR THROUGH THE SITE, APPLICATION, VACODIA WEBSITE OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE VACODIA WEBSITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE VACODIA WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT VACODIA DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE VACODIA WEBSITE OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. VACODIA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE VACODIA WEBSITE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE VACODIA WEBSITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE VACODIA WEBSITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE VACODIA WEBSITE, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY VACODIA. NOTWITHSTANDING VACODIA’S APPOINTMENT AS THE LIMITED AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE HOSTS, VACODIA EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, VACODIA WEBSITE AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE WEBSITE, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF VACODIA WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER VACODIA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, VACODIA WEBSITE, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR VACODIA WEBSITE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, VACODIA WEBSITE OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR VACODIA WEBSITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, VACODIA WEBSITE, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VACODIA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE VACODIA HOST GUARANTEE, IN NO EVENT WILL VACODIA’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE WEBSITE INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE WEBSITE, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, VACODIA WEBSITE, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE WEBSITE AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY VACODIA TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VACODIA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to release, defend, indemnify, and hold Vacodia and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Vacodia website, or Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, (iii) creation of a Listing or (iv) the use, condition or rental of an Accommodation by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Accommodation and (d) your participation in the Referral Program or your accrual of any VacodiaAffinity Credits.

Reporting Misconduct

If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Vacodia by contacting us with your police station and report number at legal@Vacodia.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Vacodia and you regarding the Vacodia website, Content, the Vacodia Affinity Referral Program, and any bookings or Listings of Accommodations made via the Website, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Vacodia and you regarding bookings or listings of Accommodations on the Vacodia websiteand the Affinity Referral Program. 


Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Vacodia’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Vacodia may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Vacodia (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law and Jurisdiction

 

These Terms will be interpreted in accordance with the laws of the State of Maryland and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Howard County, Ellicott City, Maryland or a United States District Court, Maryland located in Baltimore, Maryland for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

Dispute Resolution

You and Vacodia agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Vacodia website or use of the Website (collectively, “Disputes”) will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Vacodia are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Vacodia otherwise agree in writing, the arbitrator may not consolidate more than one person\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules and Governing Law.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents athttp://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. Unless you and Vacodia otherwise agree, the arbitration will be conducted in the Howard County, Maryland unless agreed to by BOTH parties of a different location. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Vacodia submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Vacodia will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Vacodia will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes. Notwithstanding the provisions of the “Modification” section above, if Vacodia changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email toLegal@Vacodia.com)within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Vacodia’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Vacodia in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General

The failure of Vacodia to enforce any right or provision of these Terms 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 Vacodia. 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. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting Vacodia

If you have any questions about these Terms please contact Vacodia at

Legal Division

Vacodia, Inc.

11600 Little Patuxent Parkway, Suite 103

Columbia, MD 21044

USA.

Email: Legal@Vacodia.Com

 
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