TERMS OF USE | Small Stays

Last updated: November 11, 2024

Welcome to the Small Stays website, located at https://small-stays.com (the “Site”). The Site is operated by Small Stays LLC (referred to as the “Company,” “we,” “us,” or “our”). By accessing or using the Site, you (the “User,” “you,” or “your”) agree to comply with and be bound by these Terms of Use (the “Terms”). Please read these Terms carefully before using the Site. If you do not agree to these Terms, do not access or use the Site.

Our e-commerce store is hosted on Wix.com Ltd. ("Wix"), which provides the platform for our services.

TO THE FULLEST EXTENT PERMITTED BY LAW, BY USING THE SITE, YOU AGREE TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION AND WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTION OR REPRESENTATIVE PROCEEDINGS. PLEASE REFER TO SECTION 17 - DISPUTE RESOLUTION FOR ADDITIONAL INFORMATION.

1. DESCRIPTION OF THE SERVICES

Small Stays LLC acquires rights and/or interests in accommodation for the onward supply of accommodation to travelers staying in the United States. We provide information regarding these properties (each a "Property" and collectively the "Properties"). You may use the Service(s) to make legitimate reservations for certain Properties for short-term rentals (each a "Short-Term Reservation") or longer-term accommodations (each an "Extended Stay Reservation", and together with a Short-Term Reservation, each a "Reservation"). Reservations are made for accommodations at our leased Properties and are subject to the terms and conditions outlined in this Agreement.

The "Service(s)" provided by Small Stays LLC excludes any rights of ownership, possession, or long-term use of the Properties. Small Stays LLC leases the Properties solely for temporary accommodations, and the use of the Properties is limited to the duration of the Reservation. Ownership or permanent access to the Properties is not provided.

The services provided by Small Stays LLC include but are not limited to, providing the accommodation, check-in assistance and amenities associated with the booked Property, such as Wi-Fi, housekeeping, and on-site support. These services are provided either directly by us or through third-party providers, and are available for the duration of your stay.

For clarity, the following definitions apply:

"Short-Term Reservation" refers to a booking for a temporary stay at one of our properties, typically for a duration of less than 30 days.

"Extended Stay Reservation" refers to a booking for a longer-term stay at one of our properties, typically for 30 days or more, which may require a separate Extended Stay Agreement. This agreement outlines the specific terms, conditions and duration of the stay to ensure proper occupancy and prevent unauthorized use of the property.

While the Extended Stay Agreement governs the specific details of your extended stay, the Terms of Use will continue to apply to any matters not addressed in the separate agreement. In the event of any conflict between the two, the Extended Stay Agreement will take precedence. However, the Terms of Use will still apply to any aspects not covered by the Extended Stay Agreement.

1 (a). EXTENDED STAY — PAYMENTS & FEES

All fees related to your extended stay, including accommodation charges, taxes, and additional fees, will be charged upfront at the time of booking. After booking, the Extended Stay Agreement will be sent for your review and signature. The signed agreement must be returned within 24 hours; failure to do so will result in the cancellation of your reservation and a full refund. Once the Extended Stay Agreement is signed, you will no longer be eligible for a full refund.

In addition to the initial reservation costs, a security deposit of $500 is required at the time of booking and will be requested separately from the reservation total. If the property is returned in its original condition, free from damage and excessive wear, the security deposit will be refunded within 7-14 days following checkout. In the event of property damage, missing items, or the need for additional cleaning beyond standard expectations, the associated costs will be deducted from the security deposit. If these costs exceed the deposit, the remaining balance will be requested from you. Any remaining balance of the security deposit will be refunded within the stated timeframe.

1. (b) EXTENDED STAY — ROUTINE CLEANING

You agree to allow Small Stays and/or its authorized representatives to perform cleaning services on the property as specified and scheduled prior to the execution of the Extended Stay Agreement. The cleaning fee, which is charged upfront and included in the total reservation cost, covers standard cleaning services.

In the event that additional cleaning is required during and/or after your stay due to the condition of the property, charges for non-standard cleaning will be assessed based on the extent of the cleaning required. These charges will be communicated to you in advance. You acknowledge and agree that any such costs will be billed to you at the rates determined at the discretion of Small Stays

1 (c). EXTENDED STAY — CANCELLATIONS

All cancellations are subject to our Cancellation Policy, which outlines the terms, timeframes, and conditions for cancellations and refunds. Please review the full policy to understand the specific requirements and deadlines for canceling your reservation. By confirming your booking, you agree to abide by the terms set out in our Cancellation Policy.

1 (d). EXTENDED STAY — TERMS & CONDITIONS

For stays of 30 days or more (or the maximum duration as defined by local jurisdictional laws), you acknowledge and agree that the stay is not a lease and does not create a landlord-tenant relationship under applicable local or state laws. You further agree that your stay will be governed by the terms of the Extended Stay Agreement, which is separate from the general Terms of Use or any standard rental agreements.

In the event of a stay exceeding 30 days, both you and we agree that the arrangement remains a short-term rental and is not subject to landlord-tenant laws governing long-term leases. This arrangement is terminable at any time by us, in accordance with the terms set forth in the Extended Stay Agreement.

If local laws require tenant rights or impose lease obligations after a specific duration, you agree that such rights will be governed exclusively by the terms of the Extended Stay Agreement. If there is any conflict between the Extended Stay Agreement and local laws, the Extended Stay Agreement will take precedence, but the Terms of Use will still apply to any matters not addressed by the agreement.

1 (e). EXTENDED STAY — RIGHT TO TERMINATE

We reserve the right to terminate your extended stay with or without notice, and with or without cause, including in the event of a breach of contract. This arrangement does not confer permanent tenant rights, and we may terminate your stay at any time, in accordance with the terms specified in the Extended Stay Agreement.

2. PERSONAL DATA

Your use of the Services may require you to provide certain personal information, such as your name, email address, phone number, and payment details ("Personal Data"). You can access and browse the Website without providing Personal Data; however, to access certain services, submit requests, provide feedback, or communicate with us, you may be required to provide Personal Data.

By using the Platform and the Services, you agree to the collection, use, and disclosure of your Personal Data as outlined in our Privacy Policy. We may use your Personal Data to respond to your inquiries, communicate with you about our Services, and improve the user experience.

For more information on how we handle your personal data, including consent management and data deletion requests, please refer to our Privacy Policy. You may exercise your rights regarding your personal data, such as requesting access, correction, or deletion, in accordance with the guidelines outlined in our Privacy Policy.

3. ELIGIBILITY

You must be at least 18 years old to access and browse the Platform, but you must be at least 21 years old to use the Service(s). By agreeing to this Agreement, you represent and warrant to us that: (a) you are (i) at least 21 years old, are an emancipated minor, or possess legal parental or guardian consent to agree to this Agreement; and (ii) fully able and competent to enter into this Agreement; (b) you have not previously been suspended or removed from the Service(s) or any of our Properties; and (c) your Registration and your use of the Service(s) and our Properties is and will be in compliance with any and all applicable laws, rules, and regulations. If you are an organization (e.g., a company or school), the individual accepting this Agreement on your behalf represents and warrants that he or she has the authority to bind you to this Agreement and you agree to be bound by this Agreement.

If you are under the age of 21, you are not authorized to use the Service(s) or submit any personal information to us. In accordance with our Privacy Policy, if we learn that we have inadvertently collected personal data from a child under the age of 18, we will promptly delete it.

If you are a parent or guardian and believe your child under 18 has provided us with personal data, please contact us immediately at info@small-stays.com so that we can take appropriate action.

4. BACKGROUND CHECKS

As part of our commitment to maintaining a safe and secure environment for both hosts and guests, we partner with Superhog, a trusted third-party service provider, to conduct identity verification and background checks. Superhog assists in verifying user identities and managing risk on our platform. By using our platform and booking a property, you consent to the collection and processing of your personal data in relation to these checks, in accordance with Superhog's Privacy Policy.

In the event of any disagreement regarding the background check or verification process, users must resolve disputes through binding arbitration, as outlined in Section 17 ("Governing Law; Dispute Resolution & Arbitration") of this Agreement. Please be aware that arbitration applies to all disputes, including those related to background checks and verification procedures, and will be governed by the procedures set forth in Section 17, including the pre-arbitration dispute resolution process, arbitration process, and the waiver of class actions.

Consent to Identity Verification: When you make a booking on our platform, you consent to undergo identity verification through Superhog. This process includes submitting personal data, such as government-issued identification and a selfie for facial recognition. Additionally, Superhog may conduct criminal history and fraud risk assessments, as part of the verification process. Once completed, the full report is sent back to us, where our compliance team reviews the results and decides in accordance with our screening policy.

Obligations of Guests: You agree to provide accurate and truthful information when prompted to submit personal details for identity verification. If the information you provide is incomplete or false, we reserve the right to cancel your booking or suspend your account.

Failure to Comply: Failure to comply with the identity verification process or the submission of false or misleading information may result in the cancellation of your booking and/or the restriction of access to future bookings or services on our platform.

Data Sharing with Superhog: By agreeing to these Terms, you consent to the collection, processing, and use of your personal data by Superhog for the purpose of identity verification and background checks. You acknowledge that Superhog’s processing of your personal data will be subject to its Privacy Policy.

Consequences of Non-Compliance: Failure to complete the identity verification process may result in the cancellation of your booking, suspension of your account, or a ban from using our platform. Access to certain features or services may be restricted until verification is completed.

Arbitration and Dispute Resolution: In the event of a dispute arising from the verification process or the services provided by Superhog, you agree to resolve the matter through arbitration or another dispute resolution process as outlined in the "Dispute Resolution" section of these Terms.

5. RIGHT TO REFUSE SERVICE

We reserve the right to refuse service to anyone or discontinue the availability of any accommodation for any reason at any time. We reserve the right, but are not obligated, to: (i) Limit the availability of accommodations or services to any person, geographic region, or jurisdiction within the United States; (ii) Limit the number of accommodations available for booking per reservation or booking period; (iii) Discontinue offering any accommodation at any time; and(iv) Refuse or cancel any reservation for any reason, including but not limited to issues with guest eligibility, payment problems, or compliance with our rental policies.

We further reserve the right to: (a) Limit or prohibit reservations that, in our sole discretion, appear to be made by individuals or parties intending to misuse the accommodation (e.g., event organizers, large parties, or other non-standard use); (b) Limit or cancel reservations made by or under the same customer account, the same credit card, and/or using the same billing and/or shipping address, if we determine such bookings are part of suspicious or non-compliant behavior.

6. TERMINATION OF USE & EVICTION

If you violate any of these Terms of Use (which incorporate by reference the Company’s Privacy Policy) or otherwise breach any agreement between you and the Company, the Company may, in its sole discretion, take action to prohibit you from using or accessing the Site, or any portion, feature, or aspect of it. This may include, but is not limited to, the suspension or permanent termination of your access to the Site, and/or eviction from any property you are occupying at the time of the breach. Such actions may be taken with or without notice.

You agree that the Company will not be liable to you or any third party for any actions taken under this provision, including but not limited to suspending or terminating your access to the Site or evicting you from any property.

6 (a). SERVICE TERMINATION
These Terms of Use are effective unless and until terminated by either you or the Company. You may terminate this agreement at any time by discontinuing your use of the Site. The Company may terminate these Terms of Use at any time, with or without cause, by providing notice to you or suspending your access to the Site.

6 (b). EVICTION & IMMEDIATE TERMINATION

If your access is terminated or you are evicted from any property due to a breach of these Terms of Use, your right to occupy the property or use the Site will immediately cease. You will be required to vacate the property immediately upon notice of eviction, and no refund will be provided for any unused portion of your reservation.

The obligations and liabilities of the parties incurred prior to the termination or eviction shall survive termination for all purposes, including but not limited to:

Outstanding payment obligations, including any fees or amounts owed by you, which remain due and payable even after termination or eviction
Indemnification and confidentiality obligations;
Provisions regarding dispute resolution, including governing law and arbitration clauses.

Termination or eviction will not affect any rights or liabilities that have accrued prior to the date of termination or eviction. The Company will not be liable for any actions taken under this provision.

7. PRICING OF SERVICES

We reserve the right to determine the pricing for the Service(s) we offer, including, without limitation, On-Site Services and Properties available for reservation or access through the Service(s). While we make reasonable efforts to keep the pricing information on our website current, we encourage you to periodically check our website for the most up-to-date information.

We reserve the right to change any pricing at any time, including but not limited to the addition of applicable taxes, fees, or other charges, without prior notice. Such changes will take effect immediately upon posting on our website or as otherwise communicated to you.

In addition, we may, at our sole discretion, offer promotional deals, unless specifically communicated to you, these promotional offers will not apply to you or this Agreement.

8. PLATFORM ACCURACY

While we strive to maintain the accuracy of the information on our platform, we cannot guarantee that all content is always accurate, complete, or current. Information such as property availability, pricing, descriptions, and amenities may occasionally be misrepresented, delayed, or outdated due to various factors (for example, discrepancies in updating listings or advertising on external sites). Certain details, such as square footage, bed configurations, and other property specifications, are approximate and provided for convenience only.

Users are advised to verify all property details, availability, and pricing before confirming any booking.

We cannot guarantee that your device’s display of any property images, colors, or features will be fully accurate, as display variations may occur depending on your device’s settings or specifications.

For these reasons, and others, we do not guarantee the accuracy, reliability, currency, or completeness of any information on the platform, including property descriptions, pricing, availability, or amenities. We reserve the right to update or modify information, including but not limited to property descriptions, prices, and availability, and to correct any errors or omissions at any time, without prior notice, including after you have made a booking.

Notwithstanding the above, we are under no obligation to update or amend the information on the platform, except as required by law. Updates made to the platform do not necessarily indicate that all content has been modified or corrected.

9. FEES & PAYMENTS

All fees related to a reservation, including accommodation charges, taxes, and any additional fees, will be applied and charged upfront at the time of booking. Before you pay any such fees, you will have an opportunity to review and accept the fees that you will be charged. All fees and payments are non-refundable, except as outlined in our cancellation policy.

10. TAXES

Sales and use tax, VAT, local hotel occupancy tax, tourist tax, city tax, lodging tax, and any other applicable indirect taxes (collectively referred to as "Taxes") may be imposed on the amount charged for our Services and/or Properties. The actual tax amount charged may vary based on the rates in effect during your Period of Occupancy.

Certain local governmental authorities may require Small Stays to collect and remit occupancy taxes, which may be calculated based on a percentage of the prices set by Small Stays, a fixed daily amount, or another method as prescribed by local regulations.

11. SAFETY DEVICES

To ensure the safety and security of our properties and to effectively manage any disorderly conduct, we utilize certain safety devices. These include Ring cameras positioned at the entrances of each property, as well as smoke detectors, carbon monoxide detectors, fire alarms, and noise detection devices located inside the property.

By making a reservation or booking through our services, you consent to the use of these safety devices during your stay. You agree not to interfere with, tamper with, block, or disable any of these devices at any time during your occupancy. This includes, but is not limited to, disconnecting or altering the functionality of any safety or monitoring equipment. Any violation of this policy will result in immediate eviction from the property, with no refund provided.

12. PROPRIETARY RIGHTS

As between you and us, Small Stays LLC operates the website and provides the associated services. The content, design elements, and features are primarily supplied by Wix and other third-party providers. Small Stays LLC does not claim ownership of these components but is granted the right to use them within the platform. Users acknowledge that the intellectual property rights for all such content and design elements are retained by their respective owners.

The trademarks displayed on the Platform are the trademarks, logos, service marks, and/or trade dress of third parties, and may not be used without the prior express written permission of the applicable owner. Nothing contained on the Platform or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, service mark or trade name displayed thereon without the prior written permission of the rights holder. The use of third-party trademarks, logos, service marks or trade names on the Platform or the Services does not, in itself, constitute an endorsement of any third party or its products or services, or such third party’s endorsement of Company or its products.

Except as specifically provided herein, none of the Site Content may be used, copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, without prior written permission from us in each instance. Subject to the terms and conditions set forth in these Terms of Service, we grant you a non-exclusive, non-transferable, limited license to access, view, use and display the Platform, Services, and Site Content on your computer or other Internet-enabled device, and to electronically copy and print portions of the Platform for the sole purpose of placing an order with us or using the Platform as a shopping resource. The Platform, Services, and Site Content are for your personal and non-commercial use only. Any other use of the Platform, Services, or Site Content — including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display, performance, or any use of data mining, robots, or similar data gathering and extraction tools — is strictly prohibited without the prior written permission of the Company in each instance.

This license is limited to personal, non-commercial use only and does not grant you any rights to exploit, copy, modify, sell, distribute, or otherwise use the Site Content for any commercial purpose.

Any unauthorized use of the Platform, Services, or Site Content will constitute a violation of these Terms and may result in the termination of your access to the Platform, legal action, and any other remedies available under applicable law.

The license granted to you to access, view, use, and display the Platform and Site Content may be revoked at any time, without notice, if you violate any provisions of these Terms of Service.

13. PROHIBITED CONDUCT

You agree to use the Platform and Services only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable laws, rules and regulations. You shall not use the Platform or Services for any illegal, fraudulent, or unauthorized purposes, including, but not limited to::

Use the Platform or the Services in any manner that could damage, disable, overburden, or impair the Platform or the Services, or interfere with any other party's use and enjoyment of the Platform or the Services;

Attempt to gain unauthorized access to the Platform, the Services, or the devices, computer systems or networks connected to the Platform or the Services through hacking, password mining, or any other means;

Transmit any viruses, worms, defects, Trojan horses, malware, spyware, or any items of a destructive or harmful nature;

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, including but not limited to bullying, intimidation, or offensive conduct;

Upload, post, email, transmit, or otherwise make available through the Platform or the Services any inappropriate, defamatory, infringing, obscene, or unlawful content, including but not limited to hate speech, explicit content, or content that violates intellectual property rights;

Upload, post, email, transmit, or otherwise make available through the Platform or the Services any materials that promote pyramid schemes, chain letters, fraudulent activities, or disruptive commercial messages, advertisements, or anything else prohibited by law;

Run Mail list, Listserv, or any form of auto-responder or “spam” on the Platform or the Services;

Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Platform, including engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining content or other information from the Platform without permission;

Interfere or attempt to interfere with the proper working of the Platform or the Services or any activities conducted on the Platform or the Services, including to utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over any of the Platform pages, or otherwise affect the display of any of the Platform pages;

Impersonate another person or entity;

Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or the Services or collect information about its Users for any unauthorized purpose;

Use the Platform or the Services for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state laws or regulations, or equivalent laws or regulations in foreign jurisdictions);

Promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;

Use the Platform or the Services for any commercial purpose whatsoever other than for your personal use;

Engage in any activity that directly or indirectly undermines the functionality, accessibility, security, or integrity of the Platform, Services, or the experience of other users, including but not limited to bypassing security features or using the Platform in an unauthorized manner.

14. DISCLAIMERS

YOU UNDERSTAND THAT THE USE OF THE PLATFORM OR THE SERVICES MAY INVOLVE THE TRANSMISSION OF COMMUNICATIONS, INCLUDING YOUR DATA, OVER VARIOUS NETWORKS, AND THAT NO METHOD OF COMMUNICATING OVER THE INTERNET CAN BE GUARANTEED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. THEREFORE, YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY DATA, INFORMATION OR CONTENT TRANSMITTED BY YOU TO OR THROUGH THE PLATFORM.

THE COMPANY PROVIDES THE PLATFORM AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE COMPANY MAKES NO REPRESENTATION OR WARRANTY, AND HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, THAT (I) THE PLATFORM OR THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. (II) THE PLATFORM OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE, COMPLETE OR ERROR-FREE. (III) ANY RESULTS OR INFORMATION OBTAINED FROM THE USE OF THE PLATFORM OR THE SERVICES WILL BE ACCURATE, TIMELY, COMPLETE OR RELIABLE. (IV) ANY ERRORS IN THE SOFTWARE USED ON THE PLATFORM OR IN CONNECTION WITH THE SERVICES WILL BE CORRECTED.

OPERATION OF THE PLATFORM MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE COMPANY’S CONTROL, INCLUDING, BUT NOT LIMITED TO, TELECOMMUNICATIONS NETWORK DISRUPTIONS. THE COMPANY IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR ANY FAILURES OF THE INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEMS OR NETWORKS USED IN CONNECTION WITH THE PLATFORM OR THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO, AND DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES REGARDING THE SUFFICIENCY OF THE SECURITY MEASURES USED FOR DATA HANDLING AND STORAGE, AND WE WILL NOT BE RESPONSIBLE FOR ANY ACTUAL, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES THAT RESULT FROM A LAPSE IN COMPLIANCE WITH OUR PRIVACY POLICY DUE TO A SECURITY BREACH OR TECHNICAL MALFUNCTION.

WHILE WE HAVE ENDEAVORED TO CREATE A SECURE AND RELIABLE PLATFORM, THE COMPANY IS NOT RESPONSIBLE FOR THE SECURITY OF INFORMATION TRANSMITTED VIA THE INTERNET, THE ACCURACY OF THE INFORMATION CONTAINED ON THE PLATFORM, OR FOR THE CONSEQUENCES OF ANY RELIANCE ON SUCH INFORMATION. YOU MUST MAKE YOUR OWN DETERMINATION AS TO THESE MATTERS.

THE COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR DAMAGES AS A RESULT OF ANY DELAY OR OTHER FAILURE OF PERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF A USER OR ANY OF ITS REPRESENTATIVES, ACTS OF MILITARY OR CIVIL AUTHORITIES, GOVERNMENTAL ORDERS, FIRE OR OTHER CASUALTY, STRIKES, LOCKOUTS, WEATHER, EPIDEMIC, PANDEMIC, WAR, RIOT, TERRORISM, TELECOMMUNICATIONS INTERRUPTIONS OR COMPUTER VIRUSES. THE PLATFORM MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS.

15. LIMITATION ON LIABILITY

IN NO EVENT SHALL COMPANY, ITS AFFILIATES OR ITS LICENSORS, TOGETHER WITH ITS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS (THE “COMPANY PARTIES”), BE LIABLE (HOWEVER ARISING, INCLUDING NEGLIGENCE) FOR (I) ANY LOST OR CORRUPTED DATA, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) THE COST OF PROCURING SUBSTITUTE SERVICES OR ACCOMMODATIONS.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY’S AND THE COMPANY PARTIES’ COLLECTIVE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL BE LIMITED TO THE LESSER OF (A) $500 OR (B) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR PRODUCTS IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WITH AN OVERALL MAXIMUM AGGREGATE LIABILITY OF $2,500.

16. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Company and its past, present, and future parent, affiliates, subsidiaries, and each of its and their respective employees, agents, directors, officers, shareholders, service providers, contractors, successors, and assigns (collectively, the "Indemnities") from and against any and all claims, demands, actions, liabilities, losses, damages, penalties, fines, settlements, costs, and expenses (including reasonable attorneys' fees, court costs, and other expenses of litigation, whether incurred pre-litigation or during settlement or defense) arising out of or in connection with:

• Your use or misuse of the Platform or Services;

• Your breach or alleged breach of any provision of these Terms of Use, the Privacy Policy, or any other policy posted on the Platform;

• Your violation of any applicable law, rule, regulation, or third-party rights in connection with your use of the Platform or Services.

Misuse of the Platform includes, but is not limited to, engaging in illegal activities, fraud, misrepresentation, or violations of applicable laws or the terms of this Agreement.

The Company reserves the right to control the defense of any claim, including selecting legal counsel, and you agree to cooperate fully in the defense or settlement of any indemnified claim. You may retain your own legal counsel at your own expense, provided that the Company retains control over the defense and settlement of the claim.

This indemnification obligation will not apply to the extent that a claim results from the Company’s gross negligence, willful misconduct, or breach of its own legal obligations.

The provisions of this section will survive the termination of your use of the Platform or Services.

17. GOVERNING LAW; DISPUTE RESOLUTION & ARBITRATION

Governing Law – The laws of the State of Florida and applicable federal law, without regard to any conflict of law provisions, shall govern the interpretation and enforcement of these Terms of Use. Any controversy, dispute, demand, count, claim, or cause of action (including the interpretation and scope of this clause, and the arbitrability of the dispute) arising out of or related to these Terms of Use shall be exclusively resolved through binding arbitration, unless otherwise resolved in accordance with Section 17(B), below. Notwithstanding the foregoing, if arbitration is unavailable or unenforceable, the parties agree that exclusive jurisdiction and venue for any dispute shall lie in the state or federal courts located in Miami, Florida.

Pre-Arbitration Dispute Resolution – In the event of a Dispute, the party initiating the dispute must send a written notice ("Notice") to the other party, describing the nature and basis of the Dispute and the specific relief sought ("Demand"). The Notice must be sent by email with a delivery receipt requested to the Company at info@small-stays.com. Upon receipt of the Notice, the parties agree to meet and confer, using a mutually agreed method, to attempt to resolve the Dispute. Both parties agree to work together in good faith to resolve the Dispute within thirty (30) days of the Notice (or such longer period as may be mutually agreed). If the Dispute is not resolved within the thirty-day period (or extended period), either party may initiate arbitration as described below.

Arbitration – If the parties are unable to resolve a Dispute through the negotiation procedure in Section 17(B), then such Dispute will be resolved through binding arbitration. Arbitration is a more informal process than court litigation, utilizing a neutral arbitrator rather than a judge or jury. The arbitration may involve more limited discovery than court proceedings and is subject to very limited judicial review. Arbitrators are authorized to award the same damages and relief as a court of law. This agreement to arbitrate includes all disputes arising from or related to these Terms of Use, or communications between you and the Company, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory. You acknowledge and agree that by agreeing to these Terms of Use, you and the Company are waiving the right to a trial by jury and to participate in a class action. This includes waiving the right to bring or participate in any class or representative action, whether in arbitration or court.

Exceptions – Notwithstanding Section 17(C), nothing in these Terms of Use will limit or waive the right of either party to:

seek injunctive relief in aid of arbitration from a court of competent jurisdiction, or
file an individual claim in small claims court, provided such claims are within the jurisdiction and scope of small claims court.

Arbitration Process – Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator in Miami, Florida, or by video conference (at the claimant’s election). The arbitration will be governed by National Arbitration and Mediation’s (“NAM”) Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”), as modified by these Terms of Use. The NAM Rules and filing forms are available online at www.namadr.com, by calling NAM at 1-800-358-2550, or by contacting the Company directly.

The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. In the event that any Dispute is held not to be arbitrable in accordance with this Section 17, each party consents to the exclusive jurisdiction of the state or federal courts, as applicable, located in Miami, Florida.

F. Fees – If you commence arbitration in accordance with this Section 17, you will pay the Initial Administrative Fee in accordance with NAM’s then-applicable fee schedule. If the claim is for $15,000 or less, you agree that the arbitration will be conducted solely on the basis of documents submitted to the arbitrator. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 6(b)), then the payment of all fees will be governed by the NAM Rules. In that case, you agree to reimburse us for all monies we previously paid to NAM pursuant to the NAM Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except as may be required by law or to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or us, which is made within 14 days of the arbitrator's ruling on the merits. In addition, the arbitrator may award any individual relief or individual remedies that are permitted by applicable law.

G. No Class Actions – To the fullest extent permitted by applicable law, you and Company agree that ANY CLAIMS BROUGHT BY YOU AGAINST COMPANY MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.

H. Enforceability – In the event that the class action waiver in Section 17(G) is found to be unenforceable for any reason, the remainder of this Section 17 shall also be unenforceable.

18. TERMS OF USE MODIFICATIONS

We may update this Terms of Use Policy from time to time to reflect changes in our practices, technologies, or legal requirements. When updates are made, the revised policy will be posted on this page, with the most recent modification date indicated at the top.

We encourage you to review this page regularly to stay informed about the terms that govern your use of our Services. Any changes to this policy will take effect immediately upon posting, unless otherwise stated.

If you have questions about any updates, please contact us at info@small-stays.com, and include "Information Regarding Updated Terms of Use Policy" in the subject line.

By continuing to use our Services after the updated Terms are posted, you accept the revised terms. If you do not agree with the changes, you may discontinue use of our Services.

These Terms are effective as of the date posted above. We also reserve the right to modify, add, or remove features of the Site or Services without prior notice.

19. MISCELLANEOUS

These Terms of Use, the Privacy Policy and any policies or operating rules posted by us on the Platform or in respect of the Services constitute the entire agreement between you and Company with respect to your access to and use of the Platform and the Services and supersedes all prior and contemporaneous agreements between you and Company (including, without limitation, any prior versions of these Terms of Use). Except for the class action waiver set forth in Section 17(G), if any other provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.

In the event of ambiguity or conflicting interpretations of any provision of this Agreement, the interpretation that best reflects the intent of the parties and complies with applicable laws will prevail. This Agreement will be governed by the laws of the State of Florida, and users may be subject to regional or local interpretations depending on their location.Any ambiguity in the interpretation of these Terms of Use shall not be construed against Company as the drafting party. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The provisions of Sections 3-17 shall survive any termination of these Terms of Use.

For any questions or to report violations of these Terms of Use, contact the Company at: info@small-stays.com with “Terms of Use” in the subject line of your e-mail.