TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT”) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS. DEFINED TERMS ARE SET FORTH IN A GLOSSARY AT THE END OF THIS AGREEMENT.

This Agreement is an electronic contract that sets out the legally binding terms of your use of the Advntur, Inc. (“Advntur”) website (“Site”) and your use of the Services. This Agreement may be modified by Advntur, Inc. (“Advntur”) from time to time and any modifications are effective when posted by Advntur on the Site. This Agreement includes Advntur’s Privacy Policy set forth on the Site, Advntur’s subscription policies and any notices regarding the Site. By accessing the Site or using the Services, you accept this Agreement and agree to all of the terms, conditions and notices contained or referenced herein. By accessing the Site or using the Services, you consent to have this Agreement provided to you in electronic form.

Last Update: May 14, 2015

Advntur, Inc. connects Natives who have accommodations to rent to, and sports equipment to share with, Explorers seeking to rent such accommodations and participate in a sports activity (the “Services”). These Services are accessible at https://advntur.com (the “Site”). You agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your use of the Services and all content and constitute a binding legal agreement between you and Advntur. If you do not agree to these Terms, you may not obtain information from or otherwise continue using the Site or Services. Failure to use the Site and Services in accordance with these Terms may subject you to civil and criminal penalties.

MEMBERS ARE REQUIRED TO EXECUTE THE WAIVER PROVIDED PRIOR TO USING THE SERVICES. MEMBERS MUST BE AT LEAST 18 YEARS OF AGE TO USE THE SERVICES OF THE SITE.

NATIVES ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LAWS AND MAY HAVE TO OBTAIN A PERMIT OR LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING EXPLORERS. EXPLORERS ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LAWS AND MAY HAVE TO OBTAIN A PERMIT OR LICENSE BEFORE ENGAGING IN AN ACTIVITY.

Advntur IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN NATIVES AND EXPLORERS, NOR IS Advntur A REAL ESTATE BROKER, AGENT OR INSURER. Advntur HAS NO CONTROL OVER THE CONDUCT OF NATIVES, EXPLORERS AND OTHER USERS OF THE SITE AND SERVICES OR ANY ACCOMMODATIONS OR EQUIPMENT, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Eligibility

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


 

The Services

The Services allow Explorers and Natives to meet online and arrange for bookings of Accommodations and the organization of sporting activities directly with each other. Advntur is not an owner or operator of properties or Accommodations or Equipment. Advntur only provides the Services including accepting payments from Explorers on behalf of the Native.

Advntur DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS OR EQUIPMENT. Advntur IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS ARE MADE AT THE NATIVE’S AND EXPLORER’S OWN RISK.

Account Registration

In order to access certain features of the Site, and to book an Accommodation or create a Listing, you must register to create an account (“Advntur Account”) and become a Member.

Advntur will create your Advntur Account and profile page for your use of the Site based upon the personal information you provide to us. You may not have more than one active Advntur Account. You will provide accurate information during the registration process and update such information to keep it accurate. Advntur reserves the right to suspend or terminate your Advntur Account and your access to the Site and Services at its sole discretion. You are responsible for safeguarding your password. You are responsible for any activities or actions under your Advntur Account, whether or not you have authorized such activities or actions. You will immediately notify Advntur of any unauthorized use of your Advntur Account.

Listings

As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Accommodation and/or Equipment. Listings will be made publicly available on the Site. Other Members will be able to book your Accommodation and Equipment on the Site based upon the information provided in your Listing. Once an Explorer requests a booking of your Listing, you may not request the Explorer to pay a higher price than in the booking request.

You are responsible for all Listings you post. Accordingly, you represent and warrant that any of your Listings (i) will not breach agreements you have entered into with third parties, (ii) will (a) are in compliance with all applicable laws, Tax requirements, and applicable rules and regulations and (b) do not conflict with the rights of third parties, (iii) include Equipment that is of sound structural integrity and is ready to be used as the manufacturer of the Equipment intended, and (iv) include Accommodations that are of sound structural integrity and can safely host Natives. Please note that Advntur assumes no responsibility for a Native’s compliance with any agreements with, or duties to, third parties, applicable laws, rules and regulations. Advntur reserves the right, at any time and without prior notice, to remove or disable access to any Listing or Account for any reason, including Listings or Accounts that Advntur, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

Advntur does not act as a Native’s insurer or contracting agent. Advntur is not a party to any agreement between Explorer and Native regarding the Accommodation. Notwithstanding the foregoing, Advntur serves as the limited authorized payment collection agent of the Native for the purpose of accepting, on behalf of the Native, payments from Explorers of such amounts stipulated by the Native.

When you create a Listing, you may also choose to include certain requirements that must be met by the Members who are eligible to request a booking of your Accommodation, including, but not limited to, requiring Members to have a profile picture, in order to book your Accommodation.

Advntur makes certain tools available for Natives to help make informed decisions about Accommodations. Natives are responsible for their own actions omissions and are also responsible for the actions of any individuals who reside at or are otherwise present at the Accommodation at Native’s request or invitation, excluding the Explorer (and the individuals the Explorer invites to the Accommodation, if applicable.)

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

No Endorsement

Advntur does not endorse any Member, Accommodation or sports activity. Advntur may undertake additional steps designed to help verify the identities or backgrounds of users, but does do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.

Any references in the Site or Services to a Member being verified or similar label only indicate that the Member has completed a verification process and does not represent anything else. Any such description is not an endorsement or guarantee by Advntur about any Member, including of the Member’s identity and whether the Member is trustworthy or safe. We recommend that you always exercise due diligence and care when deciding whether to stay with a Native or to accept a booking request from an Explorer or to have any other interaction with any other Member.

Except as provided in the Advntur Native Guarantee (“Advntur Native Guarantee”, at https://advntur.com/Support/NativeGuarantee), which is an agreement between Advntur and Natives, we are not responsible for any damage or harm resulting from your interactions with other Members.

By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Advntur with respect to such actions or omissions. This limitation shall not apply to any claim by a Native against Advntur regarding the remittance of payments received from an Explorer by Advntur on behalf of a Native, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

Bookings Terms

Bookings Terms for Natives

When a booking is requested via the Site and Services, we will share with you the first name and last name initial of the Explorer who has requested the booking and a link to the Explorer’s Advntur Account profile page so that you can view such information before confirming or rejecting the booking request. When you confirm a booking requested by an Explorer, Advntur will send both parties an email and message via the Site confirming such booking.

Advntur will collect the Total Fees at the time of booking confirmation (i.e. when the Native confirms the booking request) and will initiate payment of the Accommodation and/or Equipment Fees (less Advntur’s Service Fees) to the Native within 24 hours of when the Explorer arrives at the applicable Accommodation (except to the extent that a refund is due to the Explorer). The time it takes for the Native to receive payouts may depend upon the method for receiving payouts chosen by the Native. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Native, including by deducting their charges from the payout amount.

Appointment of Advntur as Limited Payment Collection Agent

Each Native hereby appoints Advntur as the Native’s limited payment collection agent solely for the purpose of accepting the Accommodation and/or Equipment Fees from Explorers.

Each Native agrees that payment made by an Explorer through Advntur shall be considered the same as a payment made directly to the Native, and the Native will make the Accommodation and/or Equipment available to the Explorer in the agreed-upon manner as if the Native has received the Accommodation Fees. Each Native understands that as Advntur accepts payments from Explorers as the Native’s limited payment collection agent, Advntur’s obligation to pay the Native is subject to and conditional upon Advntur successfully receiving the payments from Explorers. Advntur does not guarantee payments to Natives for amounts that have not been successfully received from Explorers. In accepting appointment as the limited authorized agent of the Native, Advntur assumes no liability for any acts or omissions of the Native.

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


 

 

Bookings Terms for Explorers

The Natives are solely responsible for honoring any confirmed bookings and making available any Accommodations and/or Equipment reserved through the Site and Services. If an Explorer chooses to enter into a transaction with a Native for the booking of an Accommodation and/or Equipment, Explorer agrees and understands that he or she will be required to enter into an agreement with the Native and agree to accept the terms, conditions, rules and restrictions associated with the Listing imposed by Native. Natives will be responsible for performing the obligations of any such agreements, that Advntur is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Advntur disclaims all liability arising from or related to any such agreements. Notwithstanding the fact that Advntur is not a party to the agreement between you and the Native, Advntur acts as the Native’s payment collection agent for the limited purpose of accepting payments from an Explorer on behalf of the Native. Upon payment of the Total Fees to Advntur, the payment obligation to the Native for the Accommodation and/or Equipment Fees is extinguished, and Advntur is responsible for remitting the Accommodation and/or Equipment Fees (less Advntur’s Service Fees), in the manner described in this Agreement. In the event that Advntur does not remit any such amounts as described in this Agreement, such Native will have recourse only against Advntur.

The Total Fees payable will be displayed to an Explorer before the Explorer sends a booking request to a Native.

You as an Explorer agree to pay Advntur for the Total Fees for any booking requested in connection with your Advntur Account if such requested bookings are confirmed by the applicable Native. In order to establish a booking pending the applicable Native’s confirmation of your requested booking, you understand and agree that Advntur, on behalf of the Native, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g., one euro or one British pound), to verify your credit card. Once Advntur receives confirmation of your booking from the applicable Native, Advntur will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Advntur cannot control any fees that may be charged to an Explorer by his or her bank related to Advntur’s collection of the Total Fees, and Advntur disclaims all liability in this regard.

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

Service Fees

In consideration for the use of Advntur’s online marketplace and platform, Advntur charges its Service Fees. Where applicable, Taxes may also be charged in respect of the Native Fees and Explorer Fees. Advntur deducts the Service Fees from the Accommodation and/or Equipment Fees before remitting the balance to the Native as described in these Terms. Explorer Fees are, as noted above, included in the Total Fees.

Balances will be remitted by Advntur to Natives via Stripe or other payment methods described on the Site in U.S. dollars. Amounts may be rounded up or down as described in the “Rounding Off” section below.

Please note that Advntur may impose or deduct foreign currency processing costs on or from any remittances by Advntur in currencies other than U.S. dollars. More information on any such costs or deductions will be available on the Site. Except as otherwise provided herein, Service Fees are non-refundable.

Cancellations and Refunds

If an Explorer cancels a requested booking before confirmation by a Native, Advntur will cancel any pre-authorization to the Explorer’s credit card and/or refund any nominal amounts charged to the credit card in connection with the requested booking within a commercially reasonable time. If an Explorer wishes to cancel a confirmed booking made via the Site and Services, the 72-hour Cancellation Policy will apply. If an Explorer cancels a reservation 72 hours or more prior to the designated arrival time, the Accommodation and/or Equipment Fees will be refunded to such Explorer, but the Advntur Service Fees will not be refunded. If an Explorer cancels a reservation within 72 hours of the designated arrival time, only 50% of the charges will be refunded. The Advntur Service Fee is non-refundable regardless of when the Explorer cancels the reservation after it has been approved and confirmed by the Native.

If a Native cancels a confirmed booking made through the Site and Services: (i) Advntur will refund the Total Fees for such booking to the applicable Explorer within a commercially reasonable time of the cancellation. If a Native cancelled a confirmed booking, and the Explorer has not received an email or other communication from Advntur, please contact Advntur at https://advntur.com/Support/Feedback or call the telephone number provided in the confirmation email.

If a Native cancels a confirmed booking, Advntur may apply penalties or consequences to the Native or the Listing, including (i) publishing an automated review on the Listing indicating that a reservation was cancelled, (ii) keeping the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from future payouts). You may or may not be notified of the situations in which a cancellation fee applies before you decide to cancel.

In certain circumstances, Advntur may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made through the Site and Services. Advntur may also determine, in its sole discretion, to refund to the Explorer part or all of the amounts charged to the Explorer. You agree that Advntur and the relevant Explorer or Native will not have any liability for such cancellations or refunds.

Recurring Payments

In some instances, Explorers may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before beginning his or her stay at the applicable Accommodation (collectively, “Recurring Payments”). More information on Recurring Payments will be made available through the Site. If Recurring Payments apply to a confirmed booking, then the Explorer authorizes Advntur, on behalf of the Native, to collect the Total Fees and Advntur will initiate payouts to the Native, in the increments and at the frequency associated with the applicable Recurring Payments, as identified on the Site.

Rounding Off

Advntur may, in its sole discretion, round up or round down amounts that are payable from or to Explorers or Natives to the nearest whole functional base unit (e.g., rounding to nearest dollar).

Payment Processing Errors

Advntur will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.

Taxes

Tax regulations may require Advntur to collect appropriate tax information from our Natives, or to withhold taxes from payouts to Natives, or both. Natives are solely responsible for keeping their tax forms accurate. Advntur reserves the right in its sole discretion to freeze all payouts to you until resolution of any filings, to withhold such amounts as required by law, or to do both.

Natives are solely responsible for determining applicable Tax reporting requirements and for remitting to the relevant authority any required Taxes. Advntur does not offer Tax advice to any Members.

Governmental agencies, departments or authorities (the “Tax Authority”) where Natives Listings are located may require Taxes to be collected by Natives from Explorers. The laws in jurisdictions may vary, but these taxes are generally required to be collected and remitted as a percentage of the rent or Accommodation and/or Equipment Fees set by Natives, and are sometimes called occupancy taxes, hotel taxes, tourist taxes or similar terms ("Occupancy Taxes").

In certain jurisdictions, Advntur may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from Explorers on behalf of Natives. In any jurisdiction in which we decide to facilitate collection and remittance of Occupancy Taxes, whether you are an Explorer or Native you hereby instruct and authorize Advntur to collect Occupancy Taxes from Explorers on behalf of and in lieu of Natives at the time Accommodation Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. When Advntur facilitates collection or remittance of Occupancy Taxes in a jurisdiction for the first time, Advntur will provide notice to existing Natives with Listings for Accommodations in such jurisdictions. The amount of Occupancy Taxes collected and remitted through facilitation by Advntur, if any, will be visible to and separately stated to both Explorers and Natives on their respective transaction documents. Explorers and Natives agree that in any jurisdiction where Advntur facilitates collection and remittance of Occupancy Taxes on behalf of and lieu of Natives, such Natives are not permitted to also collect and/or remit such taxes on any portion of the Accommodation Fees. Natives and Explorers acknowledge and agree that in some jurisdictions, Advntur may not be able to facilitate collection and remittance of Occupancy Taxes. In any jurisdiction in which we have not provided notice of, or are not facilitating collection and remittance of Occupancy Taxes to the Tax Authority in your jurisdiction, Natives and Explorers remain solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations. For any jurisdiction in which we facilitate collection and remittance of Occupancy Taxes, Natives and Explorers expressly grant us permission to transfer data and other information relating to Occupancy Taxes, if any, collected and remitted relating to your transactions.

Whether you are an Explorer of Native, you agree that any claim or cause of action relating to collection and remittance of Taxes may not extend to any supplier or vendor that may be used by Advntur in connection with collection and remittance of Occupancy Taxes, if any. Explorers and Natives agree that we may seek additional amounts from you in the event that the Taxes collected or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Advntur from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

Damage to Accommodations and Equipment

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

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

Advntur reserves the right, in its sole discretion, to make a claim under a Native’s homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for or to an Accommodation or any personal or other property located at an Accommodation (including without limitation amounts paid by Advntur under the Advntur Native Guarantee). You agree to cooperate with and assist Advntur in good faith, and to provide Advntur with such information as may be reasonably requested by Advntur, in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Advntur may reasonably request to assist Advntur in accomplishing the foregoing.

Submitting a Claim under the Advntur Native Guarantee

Natives whose Accommodation and/or Equipment has been damaged as a result of use by an Explorer are entitled to submit a claim to Advntur under the Advntur Native Guarantee. Be aware there is a deductible for Accommodation and unique deductibles particular to Equipment, so only those claimants whose damages exceed the value of the deductible should submit a claim. All claims must be submitted within 24 hours of Explorer check-out. Natives are strongly encouraged to exercise due diligence and inspect their Accommodation and/or Equipment immediately upon Explorer check-out. Read more about how to submit a claim at https://advntur.com/Support/NativeGuarantee.

Bodily Harm

Engaging in any activity through Advntur presents risk of bodily harm to Natives and Explorers. You understand and are aware of these risks and participate in the Activity freely and deem yourself physically capable of engaging in the Activity without any conditions that would prevent you from engaging in the Activity safely or would increase your or others’ risk of bodily harm. You and anyone acting on your behalf hold harmless and release Advntur of any and all bodily harm that may befall you during the course of engaging in the Activity. Please refer to the Waiver for more information.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Services. In connection with your use of the Services, you may not violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” the Site or Services; use the Services for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access any information contained on the Site for purposes not expressly permitted by these Terms; infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; interfere with or damage Advntur’s business, including, without limitation, through the use of viruses, harmful code, or similar technology; use Advntur’s Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; use our Site in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence; "stalk" or harass any other user of our Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Advntur Explorer or Native; offer, as a Native, any Accommodation that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Accommodations as a Native if you are serving in the capacity of a rental agent or listing agent for a third party); offer, as a Native, any Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement; register for more than one Advntur Account or register for an Advntur Account on behalf of an individual other than yourself; unless Advntur explicitly permits otherwise, request or book a stay at any Accommodation if you will not actually be staying at the Accommodation yourself; contact a Native for any purpose other than asking a question related to a booking, such Native’s Accommodations or Listings; contact an Explorer for any purpose other than asking a question related to a booking or such Explorer’s use of the Site and Services; recruit or otherwise solicit any Native or other Member to join third-party services or websites that are competitive to Advntur, without Advntur’s prior written approval; impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; use automated scripts to collect information from or otherwise interact with the Site or Services; use the Site or Services to find a Native or Explorer and then complete a booking of an Accommodation independent of the Services, in order to circumvent the obligation to pay any Service Fees related to Advntur’s provision of the Services or for any other reasons; as a Native, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor; post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; use, display, mirror or frame the Site or Services, or any individual element within the Site or Services, Advntur’s name, any Advntur trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Services, without Advntur’s express written consent; access, tamper with, or use non-public areas of the Site or Services, Advntur’s computer systems, or the technical delivery systems of Advntur’s providers; attempt to probe, scan, or test the vulnerability of any Advntur system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Advntur or any of Advntur’s providers or any other third party (including another user) to protect the Site or Services; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Services to send altered, deceptive or false source-identifying information; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services; or advocate, encourage, or assist any third party in doing any of the foregoing.

Advntur has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

Advntur may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Advntur or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and the Advntur Native Guarantee (see https://advntur.com/Support/Terms), (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Advntur , its users, or members of the public. Advntur has no obligation to monitor your use of the Site or Services, but has the right to do so for the purpose of operating and improving the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law. Advntur reserves the right, at any time and without prior notice, to remove or disable access to any content, in its sole discretion.

Privacy

See Advntur’s Privacy Policy at https://advntur.com/Support/Privacy for information and notices concerning Advntur’s collection and use of your personal information.

Ownership

The Site and Services are protected by copyright, trademark, and other laws of the United States and foreign countries. The Site and Services, including all associated intellectual property rights, are the exclusive property of Advntur and its licensors. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices related to the Site or Services.

Content License

Subject to your compliance with these Terms, Advntur grants you a limited, non-exclusive, non-transferable license to view content solely for personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You may not use in any way the Site, Services, or content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Advntur or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

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

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

Links

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

Proprietary Rights Notices

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

Advntur Account Cancellation

Advntur may, solely in its discretion and without liability to you limit, suspend, deactivate or cancel your Advntur Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Advntur Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site or Services, your Advntur Account, your content, or receive assistance from Advntur Customer Service, (b) any pending or accepted future bookings as either Native or Explorer will be immediately terminated, (c) we may communicate to your Explorers or Natives that a potential or confirmed booking has been cancelled, (d) we may refund your Explorers in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Explorers to inform them about potential alternate Accommodations with other Natives that may be available on the Site and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Advntur Account. You may cancel your Advntur Account at any time via the “Cancel Account” feature of the Services. Please note that if your Advntur Account is cancelled, we do not have an obligation to delete or return to you any content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.

Disclaimers

IF YOU CHOOSE TO USE THE SITE OR SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT Advntur DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, EXPLORERS AND NATIVES, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Advntur EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Advntur MAKES NO WARRANTY THAT THE SITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Advntur MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, YOUR ACCRUAL OF Advntur TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Advntur OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY NATIVES OR EXPLORERS. YOU UNDERSTAND THAT Advntur DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. Advntur MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, EXPLORERS AND NATIVES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY Advntur. NOTWITHSTANDING Advntur’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE NATIVES FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM EXPLORERS ON BEHALF OF THE NATIVES, Advntur EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY NATIVE OR EXPLORER OR OTHER THIRD PARTY.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND SERVICES, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS AND/OR EQUIPMENT VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF Advntur WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER Advntur NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Advntur HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE NATIVES PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE Advntur NATIVE GUARANTEE, IN NO EVENT WILL Advntur’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES OR IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A EXPLORER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A NATIVE, THE AMOUNTS PAID BY Advntur TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Advntur AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Copyright Policy

You may not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trademarked or proprietary information or materials, including any content posted by other users, without the prior consent of the owner of such proprietary rights. You acknowledge that information or materials available through the Service may have copyright protection whether or not it is identified as being copyrighted.

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Advntur’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: matt.doran@advntur.com or Advntur, Inc., 813 Vanderbilt Pl, San Diego, California 92103.

Indemnification

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

Export Control and Restricted Countries

You represent and warrant that (i) neither you nor your listed Accommodation is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also may not use the Site and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Advntur does not permit Listings associated with certain countries due to U.S. embargo restrictions.

Reporting Misconduct

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

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Advntur and you regarding the content of these Terms and supersede and replace any and all prior oral or written understandings or agreements between Advntur and you regarding these Terms.

Assignment

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

Controlling Law and Jurisdiction

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

Arbitration

Arbitration Agreement. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Site or Services shall be binding arbitration administered by the American Arbitration Association.

Notice of Rights. By using the Site or Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Spritzr (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Court Proceedings. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Advntur may be commenced only in the federal or state courts located in San Diego County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

General

The failure of Advntur to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Advntur. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting Advntur

If you have any questions about these Terms, please contact Advntur at feedback@advntur.com.

Glossary of Defined Terms

“Accommodation” means the amounts that are due and payable by an Explorer in exchange for that Explorer’s stay in a Native’s Accommodation and/or use of Native’s Equipment. The Native alone, and not Advntur, determines these amounts. 

“Booking Request Period” means the time period starting from the time when a booking is requested by an Explorer (as determined by Advntur in its sole discretion), within which a Native may decide whether to confirm or reject that booking request, as stated on the Site or Services. Different Booking Request Periods may apply in different places.

“Explorer” means a Member who requests from a Native a booking of an Accommodation and/or Services via the Site or Services, or a Member who stays at an Accommodation and is not the Native for such Accommodation.

“Listing” means an Accommodation and/or Equipment and/or Guidance that is listed by a Native as available for rental via the Site and Services.

“Member” means a person who completes Advntur’s account registration process, including but not limited to Natives and Explorers, as described under “Account Registration” below.

“Native” means a Member who creates a Listing.

“Service Fees” means the fee that Advntur charges a Native for the use of its online platform, which is calculated at 15% of the applicable Accommodation Fees. The Service Fees will be displayed to the Native and Explorer when the Native is asked whether to confirm or reject a booking request from a prospective Explorer.

“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention center fees) that accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

“Total Fees” means collectively the Accommodation Fees and the Service Fees.