PEERSPACE TERMS AND CONDITIONS

THE PEERSPACE TERMS AND ARE COMPRISED OF OUR TERMS OF USE, USER AGREEMENT, AND ANY PROMOTIONAL TERMS AND CONDITIONS.

Table of Contents

Peerspace Terms Of Use

Last updated: February 10th, 2017

PLEASE READ THESE APPLICATIONS TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE APPLICATIONS (AS THAT TERM IS DEFINED BELOW) YOU AGREE TO BE BOUND BY THESE APPLICATIONS TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE APPLICATIONS TERMS OF USE, YOU ARE PROHIBITED FROM ACCESSING OR USING THE APPLICATIONS. CAPITALIZED TERMS NOT DEFINED HEREIN SHALL BE DEFINED AS PROVIDED IN OUR USER AGREEMENT.

These Applications Terms of Use (these “Terms”) apply between you and Peerspace, Inc. (“Peerspace,” “we,” or “us”) in connection with your access to and use of our web-based and/or mobile applications (the “Application”). These Terms do not change the terms or conditions of any other written agreement you may have with us for products, services, or otherwise. If you are using the Applications on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on the entity’s behalf and that the entity agrees to be responsible to Peerspace if you or they violate these Terms.

We reserve the right to change these Terms at any time at our discretion. If we make changes to these Terms, we will provide notice of the changes, such as by sending you an email with the new Terms to the address we have on record for you. Your continued use of the Applications after you have received notice of the changes will confirm that you accept the changed Terms. You are responsible for ensuring that emails from Peerspace are not blocked, treated as spam or similar. Emails rejected by your email server or which go to a folder other than your regular inbox shall be deemed to have been received by you. We encourage you to review these Terms regularly to ensure that you understand the terms and conditions that apply to your use of the Applications. If you do not agree to the changed Terms, you must stop using the Applications.

Questions or comments about these Terms may be directed to Peerspace at help@peerspace.com.

1. PRIVACY

Please refer to the Peerspace privacy policy at www.peerspace.com/privacy for information about how Peerspace collects, uses, and discloses information about you.

2. ELIGIBILITY; ACCOUNT AND PROFILE INFORMATION

If you are a United States resident, you must be at least 18 years of age to access and/or use the Applications. At the present time, the only non-United States residents authorized to access and/or use the Applications are

To access certain areas and features within the Applications, you must register an account and create a profile. During the account registration process, you may be required to agree to additional terms of service governing certain features of the Applications. All information that you provide in connection with your account and profile must be accurate, truthful, current, and complete. You will maintain the security of your account, including the password used to access the account, and will promptly notify us if you discover or otherwise suspect any security breaches related to your account. By registering for an account, you accept all risks of unauthorized access to the account. We reserve the right to deny registration of any account at our discretion and to terminate your access to all or any part of the Applications if you at any time provide inaccurate, false, or misleading information in connection with your account or profile.

3. OWNERSHIP

All information, materials and content in the Applications, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content (collectively, the “Materials”), are owned by Peerspace or are used with permission. The Materials are protected in all forms, media, and technologies now known or hereinafter developed. Unless otherwise indicated, the Applications (including any Materials therein) contain the valuable proprietary content of Peerspace and our licensors and are protected by copyright and other intellectual property laws and treaties. You must not use the Applications (including any Materials therein) except in the intended manner in accordance these Terms. Peerspace reserves all rights not expressly granted in these Terms, and no licenses or rights are granted by Peerspace to you under these Terms, whether by implication, estoppel or otherwise.

4. LICENSE

Subject to the terms, conditions and limitations set forth in these Terms, Peerspace grants you a non-exclusive, non-transferable, revocable license to use the Applications (including any Materials therein) on any mobile device or personal computer that you own or lawfully control, solely for purposes for which the Applications are provided. The terms of the license will also govern any upgrades provided by Peerspace that replace or supplement the original Applications, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern. Except as expressly permitted in writing by us, you will not do, and will not authorize or permit any third party to do, any of the following in connection with the Applications:

5. THIRD-PARTY PRODUCTS AND SERVICES

Peerspace may provide information about third-party products or services and include links to third-party products and services through the Applications. We do not control, endorse, or adopt any third-party information on the Applications and make no representation or warranties of any kind regarding third-party information on the Applications, including representation or warranties as to its accuracy or completeness. Your business dealings or correspondence with, or participation in promotions of, these third parties (and any terms, conditions, warranties, or representations associated with those dealings, correspondence, or promotions) are solely between you and the third parties. Except to the extent mandated by applicable law to the contrary in the country in which you are authorized to act as a Host or a Guest in accordance with these Terms of Use, we are not responsible for, and will not be liable for, any loss or damage of any sort incurred as the result of any such dealings, correspondence, or promotions, or any third-party information on the Applications.

6. USER CONTENT

The Applications may include interactive areas or services (“Interactive Areas”), such as forums, chat rooms, message boards, online hosting, storage services, or other areas or services, in which you or other user may create, post, or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, Applications, code, or other items or materials (“User Content”). User Content posted on Interactive Areas is publicly viewable to others. As a provider of Interactive Areas, Peerspace is not liable for any statements, representations, or User Content provided by you through Interactive Areas. Although we have no obligation to screen, edit, or monitor any User Content without particular cause, we reserve the right, and have the discretion, to remove, screen, or edit any User Content posted or stored on the Applications at any time at our sole discretion and without notice. You are solely responsible for your User Content and for your use of Interactive Areas, which you use at your own risk. By using Interactive Areas, you will not (and will not allow or authorize any third party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Applications any of the following:

You are solely responsible for creating backup copies of and replacing any User Content you post or store in Interactive Areas at your sole cost and expense.

By submitting or posting User Content, you hereby grant to Peerspace a worldwide, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the User Content in any medium and in any forum, including but not limited to third-party websites, for our reasonable marketing and promotional purposes, along with your name, company name, location, and any other information you submit with the User Content. The use of your or any other User’s name, likeness, voice, or identity in connection with the Applications or Peerspace’s products and services does not imply any endorsement thereof unless explicitly stated otherwise.

7. PERMITTED USE OF THE APPLICATIONS

You are solely responsible for your conduct in connection with the Applications. You will not violate any applicable laws, rules, and regulations, including, without limitation:

In addition, you will not do, and will not allow or authorize any third party to do, any of the following:

Referencing or disclosing any personal, business or other contact information through the Applications including but not limited to any email address, website, phone number, or instant messaging ID are considered each a “Prohibited Communication”. Any such Prohibited Communication prevents Peerspace from ensuring a successful Booking or providing support surrounding disputes in relation to a Booking. Peerspace disclaims any and all liability, whether direct, indirect, consequential, special, or otherwise, arising from, related to, or in connection with, any Prohibited Communication. Any single Prohibited Communication shall be grounds for all parties involved being permanently banned from using the Applications.

USE OF THE APPLICATIONS THAT IS INCONSISTENT WITH YOUR OBLIGATIONS UNDER THESE TERMS SHALL RESULT IN IMMEDIATE SUSPENSION OR TERMINATION OF YOUR ACCOUNT AND MAY ALSO RESULT IN LEGAL ACTION.

Your use of the Applications is at your own risk. Except to the extent mandated to the contrary by Applicable Law, Peerspace is not responsible or liable for the conduct of, or your interactions with, any other users (whether online or offline) or for any associated loss, damage, injury, or harm.

It is our policy to respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied and is accessible on the services in a way that constitutes copyright infringement, you may notify Peerspace’s designated Copyright Agent at the address below. Inquiries not compliant with the procedure outlined below may not receive a response. When a valid DMCA notification is received, we will respond by taking down the offending content. We will then take reasonable steps to contact the owner of the removed content so a counter-notification may be filed. Upon receipt of a valid counter-notification, we will generally restore the content in question, unless we receive notice from you, the notifying copyright owner, that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. Peerspace may provide copies of such notices to the participants in the dispute or to any other third parties, at our discretion and as required by law. Peerspace’s Privacy Policy does not protect information provided in these notices.

Notification

If you believe that your work was copied or posted on the services in a way that constitutes copyright infringement, please contact our designated Copyright Agent at:

Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing.

Your notification must include the following information:

Note, however, that if you posted any materials on the website or through the services, by submitting, posting or displaying your content, you grant Peerspace and its end users a worldwide, royalty-free, non-exclusive license as specified in this Agreement.

Only DMCA notices should go to the Peerspace Copyright Agent designated above. Communications regarding other matters directed to that address or DMCA notices that do not comply with the requirements of DMCA may be ignored.

Upon receipt of the written notification containing the information as outlined above:

Counter Notification

To be effective, a Counter Notification must be a written communication provided to Peerspace’s designated Copyright Agent that includes substantially the following:

Upon receipt of a Counter Notification containing the information as outlined above:

Account Termination

Peerspace may, in appropriate circumstances, terminate an account holder or user of the website or services if he or she is a repeat infringer. If you believe that an account holder or user is a repeat infringer, please follow the instructions above to contact Peerspace’s DMCA Copyright Agent and provide information sufficient for us to verify that the account holder or user is a repeat infringer.

9. FEEDBACK

You can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information about any part of the Applications, Materials, or Peerspace’s products or services (collectively, “Feedback”). Feedback, whether posted through the Applications or provided to us by email or otherwise, is not confidential and we will be entitled to the unrestricted use and dissemination of that Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

10. TRADEMARKS

Peerspace’s name, Peerspace’s logos and any other Peerspace product or service name or slogan (collectively, “Peerspace Marks”) are trademarks of Peerspace and may not be copied, imitated or used, in whole or in part, without the prior written permission of Peerspace or the applicable trademark holder. The look and feel of the Applications and our webhosting platform, including all custom graphics, button icons, and scripts are the service marks, trademarks, or trade dress of Peerspace and may not be copied, imitated, or used (in whole or in part) without our prior written permission. All other trademarks, registered trademarks, product names, company names, and logos mentioned in the Peerspace Marks (“Third-Party Trademarks”) are the property of their respective owners, and any use of Third-Party Trademarks will inure to the benefit of the applicable trademark owner. The use of Third-Party Trademarks is intended to denote interoperability and does not constitute either an affiliation by Peerspace with such company or an endorsement or approval by such company of Peerspace or our products or services.

11. APP STORE

The availability of the Applications, other than our web-based Applications, is dependent on the third party from which you received the Applications (the “App Store”), such as the Apple App Store. These Terms apply between you and Peerspace and not with the App Store. Peerspace, not the App Store, is solely responsible for the Applications, the content of the Applications, any maintenance, support services, and warranty for the Applications, and addressing any claims relating to the Applications (including claims related to product liability, legal compliance, or intellectual property infringement). You will pay all fees charged by the App Store in connection with the Applications (if any). You will comply with, and your license to use the Applications is conditioned upon your compliance with, all applicable third party terms of agreement when using the Applications. In the event of a conflict between the provisions of these Terms and the provisions of any applicable third party terms of agreement, the provisions of these Terms will control.

12. REPRESENTATIONS AND WARRANTIES

You represent and warrant the following:

13. TERMINATION

Any use of the Applications that is inconsistent with your obligation under these Terms, especially those in section 6, may result in Peerspace suspending or terminating your rights with respect to the Applications without notice, and at Peerspace’s sole discretion and without having to give a reason and without liability for such suspension and/or termination. Suspension or termination may include restricting access to and use of the Applications. If your rights with respect to the Applications are suspended or terminated, you will have no further right to use the Applications during suspension or after termination. Peerspace reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Applications during suspension or after termination, and to take legal action against you, including (without limitation) recovering Peerspace’s reasonable legal fees and court costs in connection with such actions. Even while your right to use and access to the Applications is suspended and after it is terminated, these Terms will remain enforceable against you.

14. MODIFICATIONS TO THE APPLICATION

Peerspace reserves the right in its sole discretion to review, improve, modify, or discontinue, temporarily or permanently, the Applications and any features, information, materials, or content on the Applications with or without notice to you. Peerspace will not be liable to you or any third party for any modification or unavailability or discontinuance of the Applications or any portion thereof.

15. DISCLAIMERS

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY PEERSPACE, THE PEERSPACE MARKS, THIRD-PARTY TRADEMARKS, THE APPLICATIONS, AND THE MATERIALS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PEERSPACE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD ANY PEERSPACE MARKS, THIRD-PARTY TRADEMARKS, THE APPLICATIONS, AND THE MATERIALS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY PEERSPACE, PEERSPACE DOES NOT REPRESENT OR WARRANT THAT THE APPLICATIONS OR ANY CONTENT CONTAINED THEREIN IS ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IT IS YOUR RESPONSIBILITY TO USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. The Applications may be subject to limitations, delays, and other problems inherent in the use of the Internet, wireless networks, and electronic communications, and we are not responsible for any delays, delivery failures, or other damages resulting from such problems.

Our liability as stated in section 16 below, shall hereby remain unaffected.

16. LIABILITY / LIMITATION OF LIABILITY

NOTHING IN THIS CLAUSE IS INTENDED TO REDUCE PEERSPACE’S LIABILITY ARISING FROM ANY CAUSE OF ACTION WHERE LIABILITY MAY NOT BE LIMITED BY APPLICABLE LAW. SUBJECT TO THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PEERSPACE AND ANY OF OUR INDEPENDENT CONTRACTORS, SUPPLIERS AND CONSULTANTS, THE APP STORE AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “PEERSPACE PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ( OR ANY DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATED TO THESE TERMS, PEERSPACE MARKS, THIRD-PARTY TRADEMARKS, THE APPLICATIONS, AND THE MATERIALS, OR ANY RELATED PRODUCTS OR SERVICES, EVEN IF ANY OF THE PEERSPACE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE TOTAL, AGGREGATE LIABILITY OF THE PEERSPACE PARTIES ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED YOUR REASONABLE AND FORESEEABLE DAMAGES, NOT TO EXCEED THE AMOUNT (IF ANY) YOU PAID TO ACCESS OR USE THE APPLICATIONS; MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. PLEASE BE AWARE THAT EXCEPT WHERE MANDATED TO THE CONTRARY BY APPLICABLE LAW, THE LIMITATIONS ON LIABILITY SET OUT IN THIS CLAUSE WILL APPLY TO YOU IN FULL. IF YOU ARE DISSATISFIED WITH ANY PART OF THE APPLICATIONS, OR WITH ANY OF THESE TERMS, YOU SHOULD STOP USING THE APPLICATIONS.

17. INDEMNIFICATION

You will defend, indemnify, and hold harmless the Peerspace Parties from and against any third-party claims, damages of any kind, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to any of the following:

18. DISPUTE RESOLUTION

PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY BECAUSE IT REQUIRES YOU AND PEERSPACE TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH BOTH PARTIES CAN SEEK RELIEF. You and Peerspace agree to arbitrate any dispute, claim, or controversy arising from or related to these Terms or the Applications, except that neither you nor Peerspace is required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU AND PEERSPACE FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Peerspace agree as follows:

The language of all proceedings and filings will be English. Except as expressly provided herein, the arbitrator has the authority to grant any remedy that would otherwise be available in court. The arbitrator will render a written opinion including findings of fact and law, and the award and determination of the arbitrator will be binding upon the parties and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The parties will equally share the expenses of the arbitration parties unless the arbitrator determines to apportion fees and expenses differently. To the fullest extent permitted by applicable law, Whether the dispute is heard in arbitration or in court, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE APPLICATIONS, AND NEITHER you NOR Peerspace will commence against the other a class action, class ARBITRATION, or other representative action or proceeding. You can choose to reject this agreement to arbitrate (“opt out”) by sending Peerspace a written opt-out notice (the “Opt-Out Notice”) to optout@peerspace.com within 30 days after the date you accept these Terms for the first time. The Opt-Out Notice must state that you do not agree to this agreement to arbitrate and must include your name, address, phone number, and email address. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of this agreement to arbitrate. If you opt-out of this agreement to arbitrate, all other parts of these Terms will continue to apply.

19. VENUE; GOVERNING LAW

The state and federal courts located in San Francisco County, California, U.S.A. will have exclusive jurisdiction over any suit in connection with the Applications or these Terms that is not subject to arbitration, and you and Peerspace hereby irrevocably and unconditionally permission and submit to the exclusive jurisdiction of such courts. These Terms and your use of the Applications will be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions.

20. MISCELLANEOUS

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Peerspace may freely transfer or assign these terms without restriction and at our discretion. Enforcement of these Terms is solely at Peerspace’s discretion, and failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. As used in these Terms, “including” means “including (without limitation).” The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms. If any provision of these Terms is or becomes unlawful, void, or otherwise unenforceable (including the warranty disclaimers and liability limitations set forth above), then either that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; or (if the foregoing is not permitted by Applicable Law), then just the offending language will be struck from the clause. In either case, the remaining provisions of these Terms will continue in full force and effect.

Peerspace User Agreement

Last updated: July 17th, 2016

PLEASE READ THIS USER AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES. CAPITALIZED TERMS NOT DEFINED HEREIN SHALL BE DEFINED AS PROVIDED IN OUR TERMS OF USE.

This User Agreement (this “Agreement”) is between you and Peerspace, Inc. (“Peerspace,” “we,” or “us”) and applies to your access to, use of, and participation in Peerspace’s products and services including but not limited to any content we generate for a User, as we make such products, services and content available through our web-based and mobile applications including but not limited to the Peerspace Concierge Services (the “Applications”) and/or our web-hosting platform and/or by any other means (collectively our “Services”). In order to use our Services, you must be

We reserve the right to change this Agreement at any time at our discretion, except as expressly set forth in this Agreement. If we make changes to this Agreement, we will provide notice of the changes such as by sending you an email to the address we have on record for you. Your continued use of the Services after you received notice of the changes will confirm that you accept the changes. We encourage you to review this Agreement regularly to ensure that you understand the terms and conditions that apply to your use of the Services. You are responsible for ensuring that emails from Peerspace are not blocked, treated as spam or similar. Emails rejected by your email server or which go to a folder other than your regular inbox shall be deemed to have been received by you. If you do not agree to any of the terms and conditions, including any changes, you are prohibited from using the Services.

Questions or comments about this Agreement may be directed to Peerspace at help@peerspace.com.

1. DEFINITIONS

Whenever used in this Agreement, the following capitalized terms have the following specified meanings:

Additional capitalized terms have the meaning ascribed to them in the provisions of this Agreement.

2. OTHER APPLICABLE TERMS AND POLICIES

This Agreement does not change the terms or conditions of any other written agreement you may have with us for products, services, or otherwise. Your use of the Applications is governed by the Applications Terms of Use, which is located at www.peerspace.com/terms or at www.peerspace.com and incorporated herein by reference. In the event of any conflict between the provisions of this Agreement and the provisions of the Applications Terms of Use, provisions of this Agreement will control. Please refer to the Peerspace privacy policy at www.peerspace.com/privacy or at www.peerspace.com for information about how Peerspace collects, uses, and discloses information about Users.

3. DESCRIPTION OF THE SERVICES

The Services provide a platform whereby a Host may post details of a Space, Hosts and Guests may communicate with each other regarding the Space, and a Guest may book the Space and any Peerspace Concierge Services, and buy a license (similar to but distinct from a short-term rental or lease) of the Space for an agreed upon period (the Booking), at an agreed upon price, and subject to any other agreed upon terms set out in the Space Details and Booking Request. Peerspace does not

Peerspace does not endorse any Guest(s), any Host(s) or any Space(s). Rather, Peerspace’s sole responsibility is to make available a neutral communication and payment platform, subject to the terms of this Agreement, through which Hosts can notify details of Spaces and sell licenses of such Spaces to Guests, and Guests can buy licenses of Spaces from Hosts.

4. SPACES

5. PROCESSING PAYMENTS

When you buy a License from a Host using Peerspace and/or any additional Services such as Peerspace Concierge Services, Peerspace will process your payment information using a third-party service provider, “Stripe” as its third party provider for payment services (e.g. card acceptance, merchant settlement and related services). By licensing Space from a Host or purchasing Services using Peerspace, you agree and acknowledge that we are bound by Stripe’s terms and conditions (available at https://stripe.com/us/terms), along with its privacy policy (available at https://stripe.com/us/privacy), and that you also agree to be bound by Stripe’s terms and conditions and privacy policy to the extent applicable. You also hereby consent and authorize Peerspace to delegate the authorizations and to share the information you provide to Peerspace with our third-party service provider(s), to the extent required to provide payment services to you. Peerspace may also be contacted directly for payments support by email at help@peerspace.com After the Host has confirmed a reservation, Stripe will process the Transaction Amount and the Guest credit card or debit card will then be charged. Peerspace will process the Payout to the Host and/or third party vendor providing any Peerspace Concierge Services within 7 business days from the end of the License term, unless the Guest has notified Peerspace of a dispute pursuant to section 7(f) with respect to the Space at help@peerspace.com within 3 calendar days of the alleged disputed incident, detailing the circumstances of such disputed incident and providing all documentation to support the dispute. Peerspace will suspend the Payout to the Host and/or third-party vendor and independently contact the parties to investigate the dispute. If warranted, Peerspace will mediate the dispute and make all reasonable efforts to resolve the matter quickly and amicably. Failing amicable resolution between the parties as a result of the aforementioned mediation by Peerspace, Peerspace will make its best reasonable determination as to the merits of the dispute and withhold part or all of the Payout or release the Payout to the Host and/or third party vendor. Peerspace will in all circumstances deduct and retain out of the License Charge the Service Fee and if applicable the Concierge Services Fee, prior to paying the Payout to the Host and/or third party vendor.

6. TAXES

As a California corporation, Peerspace has elected to take advantage of the reverse charge procedure for VAT (in France “auto liquidation”) payable on the Service Fee or any charges for Premium Services. This means that Users transacting within a European Country must provide their VAT registration number when registering to be a Host.

7. INTERACTIONS BETWEEN HOSTS AND GUESTS, AND GUESTS AND THIRD-PARTY VENDORS

8. HOST SUPPLEMENTAL INSURANCE

Peerspace, in its sole discretion, from time to time may obtain and maintain one or more policies of insurance providing limited supplemental liability insurance for the protection of Hosts (the “Host Policy”). Peerspace’s provision of the Host Policy will not eliminate the Host’s or another User’s obligation to have insurance as provided in section 4(d) of the User Agreement. The Host Policy shall be:

9. USE OF THE SERVICES

You are solely responsible for your conduct in connection with the Services. You will not do, and will not allow or authorize any third party to do, any of the following:

The User is on notice that these prohibitions are in addition to the prohibited conduct set forth in the Applications Terms of Use. Your use of the Services is at your own risk. Except as expressly otherwise set forth in this Agreement, Peerspace is not responsible or liable for the conduct of, or your interactions with, any other Users (whether online or offline) or for any associated loss, damage, injury, or harm. USE OF THE APPLICATIONS THAT IS INCONSISTENT WITH YOUR OBLIGATIONS UNDER THIS AGREEMENT SHALL RESULT IN IMMEDIATE SUSPENSION OR TERMINATION OF YOUR ACCOUNT AND MAY ALSO RESULT IN LEGAL ACTION.

10. INTELLECTUAL PROPERTY RIGHTS

11. DISCLAIMERS/MODIFICATION OR DISCONTINUANCE OF THE SERVICES

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY BY PEERSPACE IN WRITING, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PEERSPACE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO ANY PEERSPACE MARKS, THIRD PARTY TRADEMARKS, THE SERVICES, AND THE MATERIALS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Our liability as stated in section 12 below shall remain unaffected hereby.

Peerspace reserves the right to modify or discontinue (whether temporarily or permanently) any or all of the Services without prior notice, and hereby disclaims all liability for any such modification, suspension, or discontinuance. Bookings concluded before a modification, suspension or discontinuance of the Services shall not be affected hereby.

12. LIMITATION OF LIABILITY

NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY LIABILITY WHICH MAY NOT BE LIMITED BY APPLICABLE LAW. SUBJECT TO THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE PEERSPACE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (OR DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICES, EVEN IF ANY OF THE PEERSPACE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE TOTAL, AGGREGATE LIABILITY OF THE PEERSPACE PARTIES ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED YOUR REASONABLE AND FORESEEABLE DAMAGES, OR THE AMOUNT (IF ANY) YOU PAID TO ACCESS OR USE THE SERVICES. PLEASE BE AWARE THAT EXCEPT WHERE MANDATED TO THE CONTRARY BY APPLICABLE LAW, THE LIMITATIONS ON LIABILITY SET OUT IN THIS CLAUSE WILL APPLY TO YOU IN FULL. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SERVICES OR WITH ANY TERMS OR CONDITIONS OF THIS AGREEMENT, YOU SHOULD TO STOP USING THE SERVICES.

13. INDEMNIFICATION

You will defend, indemnify, and hold harmless the Peerspace Parties from and against any and all third-party claims, damages of any kind, and liabilities, (including resulting costs and expenses such as reasonable attorneys’ fees) arising out of any of the following:

14. DISPUTE RESOLUTION

PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY BECAUSE IT REQUIRES YOU AND PEERSPACE TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH BOTH PARTIES CAN SEEK RELIEF. You and Peerspace agree to arbitrate any dispute, claim, or controversy arising from or related to this Agreement or the Services, except that neither you nor Peerspace is required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU AND PEERSPACE FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Peerspace agree as follows:

You can choose to reject this agreement to arbitrate (“opt out”) by sending Peerspace a written opt-out notice (the “Opt-Out Notice”) to optout@peerspace.com within 30 days after the date you accept this Agreement for the first time. The Opt-Out Notice must state that you do not agree to this agreement to arbitrate and must include your name, address, phone number, and email address. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of this agreement to arbitrate. If you opt-out of this agreement to arbitrate, all other parts of this Agreement will continue to apply.

15. VENUE; GOVERNING LAW

The state and federal courts located in San Francisco County, California, U.S.A. will have exclusive jurisdiction over any suit in connection with the Services or this Agreement that is not subject to arbitration, and you and Peerspace hereby irrevocably and unconditionally permission and submit to the exclusive jurisdiction of such courts. This Agreement and your use of the Services will be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions.

16. TERMINATION

Any use of the Services that is inconsistent with your obligations under this Agreement, especially those in section 9, may result I Peerspace suspending or terminating your license to use the Services without notice and to block or prevent your future access to and use of the Services. Bookings concluded before such suspension or termination shall not be affected hereby. Peerspace reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Services during suspension or after termination, and to take recourse against you to recover Peerspace’s reasonable legal fees and court costs for such actions. Even while your right to use and access to the Services is suspended and after it is terminated, this Agreement will remain enforceable against you.

17. MISCELLANEOUS

You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Peerspace may freely transfer or assign all or part of this Agreement without restriction and at our discretion. Enforcement of this Agreement is solely at Peerspace’s discretion, and failure to enforce any part of this Agreement in some instances does not constitute a waiver of our right to enforce the same or other part of this Agreement in other instances. As used in this Agreement, “including” means “including (without limitation).” The section headings of this Agreement are for reference purposes only and will not affect the meaning or interpretation of this Agreement. If any provision of this Agreement is or becomes unlawful, void, or otherwise unenforceable (including the warranty disclaimers and liability limitations set forth above), then the remaining provisions of this Agreement will continue in full force and effect. This Agreement is enforceable only by and between you and Peerspace; except as otherwise expressly set forth herein, there will be no third party beneficiaries to this Agreement.

Peerspace Promotional Terms And Conditions

Last updated: July 17th, 2016

PLEASE READ THESE PROMOTIONAL TERMS AND CONDITIONS CAREFULLY. BY TAKING PART IN ANY PROMOTIONAL ACTIVITY OUTLINED BELOW, YOU AGREE TO BE BOUND BY THESE PROMOTIONAL TERMS AND CONDITIONS AS WELL AS OUR TERMS OF USE AND USER AGREEMENT. CAPITALIZED TERMS NOT DEFINED HEREIN SHALL BE DEFINED AS PROVIDED IN THE TERMS OF USE AND/OR USER AGREEMENT.

HOSTS REFERRAL PROGRAM:

Refer a new space and earn such amount as may be determined by Peerspace from time to time. This promotion is open to businesses or individuals 18 years of age and older who comply with the requirements to be a User as set out in the User Terms. No referral bonus will be payable unless ALL of the promotional terms below have been fulfilled.

Offer valid only until the promotion is removed from the Peerspace website.

THE REFERRER REPRESENTS AND WARRANTS THAT THE INDIVIDUAL WHOSE DETAILS ARE BEING REFERRED TO HAS CONSENTED FOR THEIR DETAILS TO BE DISCLOSED TO PEERSPACE, AND CONSENTS TO BEING CONTACTED BY PEERSPACE. The terms of the promotion are as follows:

Qualifying Areas for New Hosts See the Peerspace expansion page for hosts available at https://try.peerspace.com/global

FIRST BOOKING DISCOUNT PROMOTION:

Book your first space and get up to 20% off (up to the per country limits determined by Peerspace from time to time)

This promotion is open to businesses or individuals 18 years of age and older who comply with the requirements to be a User in compliance with the Peerspace User Terms (and who comply with all of these promotional terms and conditions. No First Booking Discount will be applied unless ALL of the promotional terms below have been fulfilled.

Offer valid until the promotion is removed from the Peerspace website.

The terms of the promotion are as follows:

GUEST REFERRAL PROMOTION:

Refer a new user and get 20% off (up to the per country limits determined by Peerspace from time to time) of a future booking

This promotion is open to businesses or individuals 18 years of age and older who comply with the requirements to be a User in compliance with the Peerspace User Terms, and who comply with these promotional terms and conditions. No Guest Referral Promotion credit will be applied unless ALL of the promotional terms below have been fulfilled.

Offer valid only until the promotion is removed from the Peerspace website.

The terms of the promotion are as follows: