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Owner Terms of Service

Rent Direct Solutions, LLC — operating under its registered alternate name “Jersey Shore Direct”

Version 2.0 · Effective 2026-10-09

These Owner Terms of Service ("Terms") govern your access to and use of the Jersey Shore Direct service (the "Service"), operated by Rent Direct Solutions, LLC, a New Jersey limited liability company operating under its registered alternate name "Jersey Shore Direct" ("Company," "we," "us," or "our"). By creating an account, checking the acceptance box at signup, or using the Service, you ("Owner," "you," or "your") agree to be bound by these Terms. If you do not agree, do not use the Service.

1. What the Service Is — And Is Not

The Service is a set of software tools that helps property owners create listing pages, display availability, receive booking inquiries, prepare rental agreements, and manage their own short-term rental activities. The Service is a software toolset only, subject solely to the limited tax-collection function that the Company performs with respect to Online Payments as set forth in Section 2A.

You expressly acknowledge and agree that the Company:

  • Does NOT hold or receive rental payments, rents, fees, security deposits, or any other rental funds — online card and bank payments are processed by Stripe on YOUR OWN Stripe account, and all rental funds (including rent, fees, and security deposits) settle directly to you, and direct payments (Venmo, PayPal, Zelle, check, cash) are made and received entirely outside the Service, which merely records them at your direction; PROVIDED, HOWEVER, that, on and after the Tax Collection Effective Date, the Company does receive and hold Collected Taxes on Online Payments, exclusively for remittance to the applicable taxing authorities, as provided in Section 2A;
  • Does NOT act as a broker, agent, property manager, escrow agent, or intermediary of any kind between you and any guest with respect to any rental, booking, or payment of rental funds; the Company’s status, if any, as a marketplace facilitator or similar collecting party under New Jersey tax law, solely for the purpose of collecting and remitting Collected Taxes as provided in Section 2A, does not make the Company a party to, or an agent of any party in, any rental, booking, or transaction, and does not otherwise alter any provision of these Terms;
  • Does NOT rent, list, or offer any property on its own behalf, and does not market any property other than as a display of the Owner’s own listing content on the Company’s own channels as provided in the Content License in Section 2;
  • Is NOT a party to any rental agreement, reservation, booking, or transaction between you and any guest;
  • Does NOT guarantee any bookings, rental income, occupancy, guests, or results of any kind;
  • Does NOT verify, endorse, insure, or assume responsibility for any guest, booking, payment, or rental;
  • Does NOT provide legal, tax, accounting, insurance, or financial advice, and the Company’s calculation, collection, and remittance of Collected Taxes does not constitute advice to you concerning your own tax obligations, registration requirements, or eligibility for any exemption.

Subject only to Section 2A, all bookings, payments, communications, and rental arrangements are made directly and solely between you and your guests. The Company merely provides the software tools you use to run your own independent rental business.

No Agency, Partnership, or Joint Venture. Nothing in these Terms creates or shall be construed to create any agency, partnership, joint venture, employment, or fiduciary relationship between you and the Company, and the Company’s collection of Collected Taxes under Section 2A, and any authorization you give in connection with it, shall not be construed to create any such relationship. You have no authority to bind the Company to any obligation, and the Company has no authority to bind you.

2. Your Responsibilities

You are solely and exclusively responsible for all aspects of your rental activity, including without limitation:

  • The accuracy, legality, and content of your listings and all information you publish;
  • Setting and collecting all rents, fees, and deposits directly from guests through your own chosen payment methods;
  • All rental agreements, terms, cancellation policies, and communications with guests;
  • Compliance with all applicable laws, ordinances, licensing, registration, zoning, and short-term rental regulations;
  • Collection and remittance of any and all applicable taxes on your rentals — including any occupancy, lodging, sales, or other taxes — except Collected Taxes that the Company collects and remits on Online Payments on and after the Tax Collection Effective Date as provided in Section 2A; all other tax obligations remain yours, including, without limitation, all obligations with respect to bookings paid by Direct Payment, all obligations of owners offering three or more New Jersey units, and, as between you and the Company, all obligations with respect to any booking paid before the Tax Collection Effective Date;
  • The accuracy and timely renewal of your Unit-Count Attestation and, where applicable, your Direct-Payment Tax Attestation, each as provided in Section 2A, on which the Service’s tax handling relies;
  • Obtaining and maintaining appropriate insurance for your property and rental activity;
  • The condition, safety, habitability, and maintenance of your property;
  • The conduct, screening, and management of your guests and their invitees;
  • Resolving any disputes, damages, refunds, or claims arising from your rentals.

Content License. By submitting any listing text, photographs, video, descriptions, or other content to the Service (“Owner Content”), you grant the Company a non-exclusive, royalty-free, worldwide license, sublicensable solely as provided below, to host, store, reproduce, format, adapt for display, publicly display, and distribute Owner Content (a) to operate and provide the Service to you and, where applicable, to the guests you make it available to, and (b) to promote the Service and your listing in the Company’s own marketing, on any channel, including the Company’s website, the Company’s email communications, the Company’s own social-media accounts, and the Company’s own paid advertising (for example, a paid social-media or search advertisement featuring a listing photograph) (collectively, “Company Marketing”). The Company may sublicense the foregoing rights solely to its service providers and to the advertising and social-media platforms through which Company Marketing is published, and solely to the extent necessary to host, transmit, and display Company Marketing on the Company’s behalf. The Company shall not license, provide, syndicate, or otherwise make Owner Content available to any other listing, booking, or travel platform, aggregator, or website for that party’s own use or distribution. As between you and the Company, you retain all right, title, and interest in and to Owner Content, and nothing in these Terms transfers ownership of Owner Content to the Company. This license does not extend to any statement, endorsement, or testimonial attributed to you, and the Company shall not use your personal name or likeness in Company Marketing other than as it appears in your published listing. Upon the effective date of the cancellation, expiration, or termination of your Subscription (the “Departure Date”), the license in clause (b) ends as to any new use, and the Company shall thereafter not create or publish new Company Marketing using Owner Content or renew or extend any paid advertising campaign that uses Owner Content; provided, however, that the Company shall have no obligation to recall, withdraw, or delete from archives or from the ordinary circulation of any material published, delivered, or produced before the Departure Date (including social-media posts, emails already sent, and advertisements already placed or delivered), and the license in clause (a) continues for the limited period necessary to wind down your account and to retain records as these Terms and applicable law require. You represent and warrant that you own or have obtained all rights, licenses, consents, and releases necessary to grant the foregoing license, including as to any photographer, author, or identifiable individual depicted in Owner Content; that Owner Content is accurate and not misleading; and that Owner Content does not infringe, misappropriate, or violate any third party’s intellectual property, privacy, publicity, or other rights.

2A. Online Payments, Collected Taxes, and Owner Tax Attestations

(a) Definitions. For purposes of these Terms: “Online Payment” means a payment of rent, fees, or a security deposit by card or bank transfer made through the Service and processed by Stripe on your own Stripe account; “Direct Payment” means a payment made by Venmo, PayPal, Zelle, check, cash, or any other method outside the Service; “Collected Taxes” means the New Jersey sales tax, the New Jersey State Occupancy Fee, and any municipal, county, or tourism occupancy or similar tax imposed on the rental, in each case at the rate applicable to the municipality in which your property is located, that the Company calculates, adds to an Online Payment, and collects under this Section 2A; and “Tax Collection Effective Date” means the date on which the Company first collects Collected Taxes through the Service, as announced by the Company under paragraph (l) below.

(b) Collection and Remittance. On and after the Tax Collection Effective Date, the Service will calculate the Collected Taxes applicable to each Online Payment, include them in the guest’s single charge, and display them to the guest before payment. The Collected Taxes shall be calculated only on amounts that are subject to tax and shall not be calculated on any refundable security deposit, except to the extent that the deposit is retained by you as rent or as other consideration for occupancy. The Company shall remit Collected Taxes to the State of New Jersey and to each municipal or other taxing authority entitled to them, in each case as and when required by applicable law.

(c) Payment Mechanics; Funds Held by the Company. Each Online Payment is a single charge processed by Stripe on your own Stripe account. Stripe then automatically transfers the Collected Taxes portion of that charge, and only that portion, to the Company’s platform account; the remainder of the charge, including rent, fees, and any security deposit, settles to you and is never received or held by the Company. The Company receives and holds Collected Taxes solely for remittance to the applicable taxing authorities, shall not use Collected Taxes for any other purpose, and acknowledges that Collected Taxes are not revenue of the Company and are not Subscription fees. Nothing in this paragraph makes the Company a holder of rental funds, an escrow agent, or a payment intermediary for any rental.

(d) Refunds, Cancellations, and Disputes. If an Online Payment is refunded, reduced, cancelled, or reversed in whole or in part, including by reason of a chargeback or payment dispute, the corresponding Collected Taxes shall be returned to the guest or reversed in the same proportion, the Company shall surrender the corresponding Collected Taxes to enable that return or reversal, and you shall not be required to fund any return or reversal of Collected Taxes from your own funds, except to the extent the reversal results from your own fraud or breach of these Terms.

(e) Effect on Your Obligations. As to each Online Payment on which Collected Taxes are calculated and collected, and to the extent required by applicable law, the Company, and not you, is responsible for the collection and remittance of those Collected Taxes, and you shall not separately collect or remit the same Collected Taxes. Nothing in this Section 2A relieves you of (i) any tax obligation with respect to any booking paid by Direct Payment, (ii) any other tax, license, or registration obligation relating to your rental activity, or (iii) responsibility for any tax, penalty, or interest resulting from information you provide that is inaccurate, incomplete, or out of date. You authorize the Company, solely for the purposes of this Section 2A, to configure each Online Payment to include Collected Taxes and to receive them as provided in paragraph (c), and you agree to cooperate with the Company’s reasonable requests for information needed to calculate, collect, report, and remit Collected Taxes.

(f) Unit-Count Attestation. At account creation and annually thereafter, you shall attest, through the Service, to the total number of rental units in New Jersey that you own or control, whether directly or indirectly (including through a limited liability company or other entity, or through a spouse or family member), and including winter, long-term, and other rental units, all of which count toward that total (the “Unit-Count Attestation”). You shall update the Unit-Count Attestation promptly, and in any event within thirty (30) days, after any change that would alter it. You are solely responsible for the accuracy of the Unit-Count Attestation, and the Company shall be entitled to rely on it without independent verification.

(g) Owners of Three or More Units. If your Unit-Count Attestation reflects three (3) or more New Jersey rental units, Online Payment is the default and, until you deliver a Direct-Payment Tax Attestation under paragraph (h), the only payment method available for your bookings, so that taxable bookings are processed through the Company’s tax collection. The Company may, in its discretion, treat any owner whose Unit-Count Attestation is missing, expired, or reasonably believed to be inaccurate as an owner of three or more units for purposes of this paragraph.

(h) Direct-Payment Tax Attestation. As a condition to enabling Direct Payment for any booking where you own or control three (3) or more New Jersey rental units, and annually thereafter, you shall represent and warrant, through the Service, that: (i) you are registered with the New Jersey Division of Taxation as required to collect tax on your rentals; (ii) you collect and remit all applicable New Jersey sales tax, State Occupancy Fee, and municipal or other occupancy taxes on every booking paid by Direct Payment; (iii) you will maintain that registration and comply with those obligations for as long as you accept Direct Payments through the Service; and (iv) you will notify the Company within five (5) business days if your registration lapses, is suspended, or is revoked (the “Direct-Payment Tax Attestation”). Upon lapse, expiration, or non-renewal of the Direct-Payment Tax Attestation, or upon the Company’s reasonable belief that it is inaccurate, the Direct Payment option shall be disabled automatically until a current attestation is delivered. The Company does not collect or store your tax-registration number; the Company’s record of your attestation (including its date, version, and the account that gave it) is the record of your representation. Upon the Company’s written request made in response to a governmental inquiry or audit, or where the Company reasonably suspects that the attestation is inaccurate, you shall furnish, within ten (10) business days, reasonable evidence of registration (such as a certificate of authority), which the Company may review and record as having been reviewed without retaining the registration number. The Company’s receipt of an attestation is not verification of it, and the Company makes no representation as to its accuracy. A false or inaccurate attestation is a material breach of these Terms, entitles the Company to suspend your Direct Payment option or your account, and is subject to your indemnification obligations under Section 4.

(i) Accuracy of Information; Rates and Jurisdictions. You shall provide accurate, complete, and current property, municipality, and unit-count information. The Company calculates Collected Taxes using the rates and jurisdictional rules published by the applicable taxing authorities, and shall update the Service within a commercially reasonable time after a published change. Except for the Company’s gross negligence or willful misconduct, the Company shall not be liable to you for any variation between the rate applied and the rate ultimately determined to be due that results from inaccurate information supplied by you or from a change not yet reflected in the Service despite the Company’s commercially reasonable efforts.

(j) No Tax Advice; Reporting. The Company does not provide tax advice. The Company may report Collected Taxes, and may disclose your account, property, and attestation information, to the New Jersey Division of Taxation and to municipal taxing authorities as required by law or lawful request.

(k) Statement of Fees to Guests. The Collected Taxes shown to a guest are separate from, and in addition to, the rent and fees you set. You shall not represent to any guest that the rent you set is inclusive of Collected Taxes unless the Service so displays it.

(l) Effective Date; Interim Treatment. The provisions of paragraphs (b) through (e) and (g) take effect on the Tax Collection Effective Date. The Company shall announce the Tax Collection Effective Date through the Service and by email to the address on your account, and shall do so in advance of that date where reasonably practicable and in any event on or before it. Until the Tax Collection Effective Date, the Company does not collect any occupancy or other tax on any payment, and, as between you and the Company, you remain responsible for all taxes on your rentals, including on any Online Payment. Your continued use of the Service after the Tax Collection Effective Date constitutes your agreement to this Section 2A as then in effect.

3. No Responsibility for Transactions or Disputes

Because the Company is not a party to any booking or rental and does not receive or hold any rental funds, the Company has no responsibility or liability for, and, except for claims arising from the Company’s own gross negligence, willful misconduct, or fraud, or from the Company’s express obligations under Section 2A, you release the Company from, any claim arising out of or relating to:

  • Any booking, reservation, cancellation, no-show, or rental arrangement;
  • Any payment, non-payment, deposit, refund, chargeback, or fraud between you and a guest;
  • Any act, omission, conduct, damage, injury, or dispute involving any guest or third party;
  • Any loss of income, property damage, or personal injury connected to your rental activity.

Any dispute between you and a guest is solely between you and that guest. You will not involve the Company in, and the Company has no obligation to mediate or resolve, any such dispute.

4. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its owners, members, managers, officers, employees, agents, contractors, and affiliates (collectively, the "Company Parties") from and against any and all third-party claims, demands, damages, liabilities, losses, judgments, penalties, costs, and expenses (including reasonable attorneys’ fees), and any tax, penalty, or interest assessed against any Company Party by a taxing authority to the extent attributable to information you provided, arising out of or relating to, except to the extent caused by the Company Parties’ own gross negligence or willful misconduct:

  • Your use of the Service;
  • Your listings, properties, rentals, bookings, and rental agreements;
  • Any transaction, communication, or dispute between you and any guest or third party;
  • Your violation of these Terms or of any applicable law;
  • Any personal injury, death, or property damage occurring at or relating to your property;
  • Any tax, licensing, or regulatory obligation relating to your rental activity, other than Collected Taxes actually received by the Company, the remittance of which is the Company’s responsibility under Section 2A;
  • Any Owner Content or other content you publish through the Service, including any claim that Owner Content infringes or violates any third party’s intellectual property, privacy, or publicity rights;
  • Any inaccuracy in any attestation, certification, or information you provide under Section 2A or Section 8.

This indemnification obligation survives termination of these Terms and your use of the Service.

5. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. The Company does not warrant that the Service will be uninterrupted, error-free, secure, or that any defects will be corrected, or that the calculation of Collected Taxes will be free of error, except as provided in Section 2A. You use the Service at your own risk. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY WARRANTY OR RIGHT THAT APPLICABLE LAW DOES NOT PERMIT TO BE DISCLAIMED OR WAIVED, OR TO LIMIT THE COMPANY’S EXPRESS OBLIGATIONS UNDER SECTION 2A.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT FOR DAMAGES ARISING FROM THE COMPANY PARTIES’ OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, AND EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT FOR DAMAGES ARISING FROM THE COMPANY PARTIES’ OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE COMPANY PARTIES’ TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL SUBSCRIPTION FEES YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

THE LIMITATIONS IN THIS SECTION 6 DO NOT APPLY TO, AND SHALL NOT BE CONSTRUED TO LIMIT, THE COMPANY’S OBLIGATION TO REMIT COLLECTED TAXES TO THE APPLICABLE TAXING AUTHORITIES OR TO RETURN OR SURRENDER COLLECTED TAXES AS PROVIDED IN SECTION 2A, BECAUSE COLLECTED TAXES ARE NOT THE COMPANY’S FUNDS. THE PARTIES ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THEM. NOTHING IN THIS SECTION EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

7. Subscription and Fees

7.1 Subscription. Access to the Service requires a paid annual subscription (the “Subscription”). Current pricing and any promotional, founding-member, or free-trial terms are those presented to you at signup and in your account, and are incorporated into these Terms by reference. When a free trial ends, you choose whether to subscribe; a free trial does not convert to a paid Subscription without your affirmative election and the provision of a payment method.

7.2 AUTOMATIC RENEWAL. YOUR SUBSCRIPTION RENEWS AUTOMATICALLY FOR SUCCESSIVE ONE-YEAR TERMS UNLESS YOU CANCEL BEFORE THE RENEWAL DATE. Unless and until you cancel in accordance with Section 7.6, your Subscription will automatically renew at the end of the then-current term for a further term of one (1) year (each, a “Renewal Term”), and you authorize the Company, acting through its payment processor, Stripe, to charge the payment method you have on file the then-applicable annual subscription fee on or about the first day of each Renewal Term. This authorization remains in effect until you cancel.

7.3 Pricing; Founding-Member Pricing; Price Changes. Founding-member pricing, where offered, is locked at your founding-member rate for as long as your Subscription remains continuously active, and the Company will not increase the renewal price of a founding-member Subscription during that period. A Subscription remains “continuously active” unless (i) you cancel it, (ii) the Company terminates it in accordance with Section 9, or (iii) it lapses because a renewal charge fails and is not cured within thirty (30) days after the Company’s notice of the failed charge, upon any of which the founding-member rate is forfeited and shall not be reinstated upon any later resubscription. For all other Subscriptions, the Company may change the renewal price, and will send notice of the new price to the email address on your account not fewer than thirty (30) days before the renewal charge is billed, so that you have the opportunity to cancel before the new price takes effect. If you do not cancel before the renewal date, the new price will apply to the Renewal Term.

7.4 Renewal Notice. The Company will send you a written or electronic notice of the automatic renewal provision, which will identify the renewal date, the renewal fee, and the methods available to cancel, not fewer than thirty (30) and not more than sixty (60) days before the renewal date. The Company may combine this notice with any notice of a change in price under Section 7.3.

7.5 Billing; Failed Payments. If a renewal charge fails, the Company may retry the charge and may pause your listings under Section 7.8 until payment is received.

7.6 Cancellation. You may cancel your Subscription at any time, without penalty, through the “Manage subscription” button on your account dashboard, which opens the hosted billing portal operated by Stripe, where you may also update your payment method and view invoices, or by written notice to the Company at the mailing address in Section 9 of the Privacy Policy. Cancellation takes effect at the end of the then-current paid term, and you retain access to the Service through the end of that term. The Company will acknowledge any cancellation request submitted other than through the billing portal within five (5) business days and will process it within ten (10) business days after receipt, so that no further renewal charge is made. Except as required by applicable law or as provided in Section 9, fees already paid are non-refundable, and no refund or proration is due for the unexpired portion of a paid term.

7.7 Taxes. Subscription fees are exclusive of any sales or use tax that the Company is required by law to collect on them, which, where applicable, will be added to the charge. Collected Taxes under Section 2A are separate from, and are not, Subscription fees.

7.8 Lapse; Flat Fee. If your Subscription lapses, your listings are paused (not published) until you renew; your account data and records are retained. Subscription fees are a flat charge for access to the software tools only; they are not connected to, do not scale with, and do not represent any share of, your rental income, bookings, or guest payments.

7a. Rental Agreement Forms

The Service includes standard New Jersey rental-agreement and lease forms that you may adopt for your own use, and tools to present, complete, and electronically sign them. When you adopt a form (or upload your own), the resulting agreement is YOUR agreement with your guest: you are its party, you choose and approve its terms, and the Company is not a party to it and has no responsibility under it. The forms are licensed to you for use with your own rentals through the Service as part of your flat subscription — there is no separate or per-use charge for them. The forms were prepared as general-purpose templates reviewed for general New Jersey legal compliance as of their stated version date; providing them to you does not create an attorney-client relationship between you and the preparing attorney or the Company, does not constitute legal advice to you, and does not substitute for independent legal advice regarding your specific property, guests, or circumstances. Applicable law, including New Jersey landlord-tenant and short-term rental law, changes over time, and the Company does not warrant that any form remains current or suitable for your particular situation at the time you use it. You are solely responsible for confirming each form’s suitability and currency before use, including any changes you make to it or any portions you leave blank. Where you present a rental agreement that you have uploaded or substituted for a Company form, the Service’s cover sheet is presented together with it as part of one signed record, and, as between the cover sheet and your agreement, any cancellation terms contained in your agreement control over the cover sheet’s cancellation policy field.

8. Account and Acceptable Use

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree not to misuse the Service, publish false or unlawful content, infringe others’ rights, or use the Service for any purpose other than operating your own lawful short-term rental activity. You represent and warrant that all information you provide in connection with the Service, including property, municipality, unit-count, and tax-registration information, is and will remain accurate, complete, and current, and you shall promptly update it upon any change.

Tax-Status Certifications. You certify, at account creation and annually thereafter, through the Service, that (a) you do not provide, and will not provide to any guest in connection with a rental listed through the Service, hotel-type services, including daily or other regular maid or housekeeping service, linen service, room service, concierge or front-desk service, or similar services typically associated with a hotel, motel, or similar transient lodging; and (b) any rental you designate as a winter or long-term rental has, and will have, a term of not less than ninety (90) consecutive days. You shall notify the Company promptly if either certification ceases to be accurate. A breach of this paragraph is a material breach of these Terms.

9. Suspension and Termination

The Company may suspend or terminate your access to the Service at any time, with or without cause, including for violation of these Terms, upon notice to the email address on your account or, where the Company reasonably determines that immediate action is necessary to prevent fraud, unlawful activity, or harm to the Service or to others, without prior notice. If the Company terminates your Subscription without cause, the Company will refund the pro rata portion of prepaid Subscription fees attributable to the period after the effective date of termination. You may cancel your Subscription at any time as provided in Section 7.6. Sections 2A (as to accrued obligations and the Company’s obligations with respect to Collected Taxes), 3, 4, 5, 6, 11, and 12, and any other provision that by its nature is intended to survive, survive termination, and termination does not affect any liability for Collected Taxes accrued before termination.

10. Changes to These Terms

The Company may modify these Terms from time to time. Material changes will be communicated through the Service or by email and, except for changes required by law and the effectiveness of Section 2A on the Tax Collection Effective Date as provided in paragraph (l) of that Section, will take effect no earlier than thirty (30) days after notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms; if you do not agree to a change, you may cancel your Subscription as provided in Section 7.6 before it takes effect. No change will apply retroactively to any dispute that arose before its effective date. The version and effective date of the Terms you accepted at signup, and of each later version you accept, will be recorded.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-laws principles.

BINDING ARBITRATION; WAIVER OF JURY TRIAL AND CLASS ACTIONS. YOU AND THE COMPANY AGREE THAT, INSTEAD OF SUING IN COURT, ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE (OTHER THAN a small-claims-eligible dispute, or an action by either party seeking emergency or preliminary injunctive relief to prevent imminent, irreparable harm to that party’s intellectual property or to the security or integrity of the Service, pending resolution of the dispute in arbitration) SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS APPLICABLE RULES, AND NOT BY A JUDGE OR JURY IN COURT. YOU AND THE COMPANY EACH GIVE UP THE RIGHT TO SUE THE OTHER IN COURT AND THE RIGHT TO A JURY TRIAL. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. This provision is governed by the Federal Arbitration Act. It applies to disputes between you and the Company only; disputes between you and your guests are governed by your rental agreements with them.

Arbitration Procedures. Before commencing arbitration, a party shall give the other written notice of the dispute describing the claim and the relief sought, and the parties shall attempt in good faith to resolve it informally for thirty (30) days after the notice is received; the running of any limitations period is tolled during that period. Any arbitration hearing shall be held in Somerset County, New Jersey, or, at either party’s election, by videoconference. The arbitrator shall apply New Jersey substantive law and the terms of these Terms, may award on an individual basis any relief that a court could award, and may not award relief on a class, collective, or representative basis. The arbitrator, and not a court, shall decide any dispute about the scope or enforceability of this arbitration provision, except that a court shall decide any dispute about the validity or enforceability of the class, collective, and representative-action waiver. If that waiver is held unenforceable as to any claim, that claim shall proceed in court and not in arbitration, and the remainder of this arbitration provision shall continue to apply to all other claims. This arbitration provision survives termination of these Terms.

For any matter not subject to arbitration, the state and federal courts located in Somerset County, New Jersey shall have exclusive jurisdiction, and you consent to the jurisdiction of such courts.

Attorneys’ Fees. In any action or proceeding to enforce these Terms, whether in arbitration or in court as permitted above, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party.

12. Entire Agreement

These Terms, together with the Privacy Policy and any Marketing Communications Policy consent you provide, constitute the entire agreement between you and the Company regarding the Service and supersede all prior understandings. If any provision is held unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. No waiver of any provision of these Terms shall be effective unless in writing signed by the Company, and the Company’s failure to enforce any provision shall not be deemed a waiver of that provision or any other. You may not assign or transfer these Terms or your account without the Company’s prior written consent; the Company may assign these Terms without restriction in connection with a merger, acquisition, or sale of all or substantially all of its assets. Any notice to the Company shall be sent to the address or email in Section 9 of the Privacy Policy; any notice to you may be sent to the email address on your account.

Electronic Communications and Signatures. You consent to receive notices, disclosures, and communications under these Terms (including the renewal notices under Section 7.4, notices of price changes, and notice of the Tax Collection Effective Date) electronically, by email to the address on your account and through the Service, and agree that your electronic acceptance of these Terms and of any attestation or certification under Sections 2A and 8 is a signature with the same effect as a handwritten signature under the New Jersey Uniform Electronic Transactions Act, N.J.S.A. 12A:12-1 et seq., and the federal Electronic Signatures in Global and National Commerce Act. You are responsible for keeping the email address on your account current.

Force Majeure; Interpretation. The Company shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including outages of third-party infrastructure, payment-processor interruptions, acts of government, labor disputes, and natural disasters, other than its obligation to remit Collected Taxes. Section headings are for convenience only; “including” means “including without limitation”; and these Terms shall not be construed against either party as drafter.

Acknowledgement

By checking the acceptance box at signup and using the Service, you acknowledge that you have read, understood, and agree to be bound by these Owner Terms of Service, and that you understand: (a) the Company provides software tools and, with respect to Online Payments, the limited tax-collection function described in Section 2A, and is not a party to, and bears no responsibility for, your rentals, bookings, payments of rental funds, or guests; (b) your Subscription renews automatically each year unless you cancel as provided in Section 7.6; and (c) disputes with the Company will be resolved by binding individual arbitration, and you give up the right to sue in court and to a jury trial and to participate in a class action, as provided in Section 11.