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Terms of Service

Terms of Service

Last Updated: August 7, 2026

These Terms of Service (“Terms”) are a binding legal agreement between you and FearINN LLC (“FearINN,” “we,” “us,” or “our”) that govern the right to use the website and other offerings from FearINN (collectively, the “FearINN Platform”). By using the FearINN Platform or clicking to sign up, you agree to all of these Terms.

The FearINN Platform enables users (“Users”) to publish, offer, search for, and book services. Users who publish and offer services are “Hosts” and Users who search for, book, or use services are “Participants.” Hosts offer accommodations for haunted stays (“Locations”) and paranormal excursions and events such as ghost hunting adventures, paranormal investigations and haunted house or location tours which are designated as adventures on the FearINN Platform (“Adventures”) and a variety of other paranormal-related services (collectively, “Host Services,” and each Host Service offering, a “Listing”). As the provider of the FearINN Platform, FearINN (or its affiliates) does not own, control, offer or manage any Listings or Host Services. FearINN is not a party to the contracts entered into between Hosts and Participants, nor is FearINN a real estate broker, travel agency, or insurer. FearINN is not acting as an agent in any capacity for any User, except as specified in the Payment Terms section below.

If you are an individual, you hereby explicitly agree that you are acting on your own behalf and not on behalf of any third party.

If you are acting on behalf of a business, company or other legal entity, you hereby explicitly agree that you have the sufficient legal capacity to act on its behalf.

Participant Terms

1. Searching and Booking on FearINN.

1.1 Searching.

You can search for Host Services by using criteria like the type of Host Service, type of listing, travel destination, travel dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous trips and saved Listings, Host requirements (e.g. minimum or maximum nights), and more.

1.2 Booking.

When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees including any service fees, taxes and any other items identified during checkout (collectively, “Total Price”). If you choose to pay using a currency that differs from the currency set by the Host for their Listing, the price displayed to you is based on a currency conversion rate determined by us. You are also agreeing that FearINN may charge the Payment Method (as defined in the Payment Terms) used to book the Listing in order to collect Damage Report (as defined in Section 14) amounts.

When you receive the booking confirmation, a contract for Host Services (a "Reservation") is formed directly between you and the Host. By making a Reservation you are agreeing to the terms of the contract. The terms of the contract include these Terms, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these terms of the contract including these Terms and all terms of the Reservation including all rules, standards, policies, and requirements prior to booking a Listing. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services.

1.3 Location Reservations.

A Location Reservation is a limited license to enter, occupy, and use the Location. The Host retains the right to re-enter the Location during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) permitted by applicable law. If you stay past checkout, the Host has the right to make you leave in a manner permitted by applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Participants.

1.4 Reservations for Adventures and Other Host Services.

A Service, Adventure, or other Host Service Reservation entitles you to participate in, attend, or use that Host Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Adventure, or Host Service. Except where expressly authorized, you may not allow any person to join a Service, Adventure, or Host Service unless they are included as an additional guest during the booking process.

2. Cancellations, Reservation Issues, Refunds and Booking Modifications.

2.1 Cancellations, Reservation Issues, and Refunds.

In general, if you cancel a Reservation, the amount refunded to you is determined by the Host's own cancellation policy in the Listing that applies to that Reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If the Host cancels, you may be eligible for rebooking assistance or a partial or full refund as we determine reasonable. We have sole discretion to determine how to handle cancellations and requests for refunds. You may appeal a decision by FearINN by contacting us at disputes@fearinn.com.

2.2 Booking Modifications.

Participants and Hosts are responsible for any booking modifications they agree to make via the FearINN Platform or direct FearINN customer service to make on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.

3. Your Responsibilities and Assumption of Risk.

3.1 Your Responsibilities.

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Location, all areas and facilities where the Location is located that the Host and Participant are legally entitled to use in connection with the Location (“Common Areas”), or any Service, Adventure, or other Host Service. For example, this means: (i) you are responsible for leaving a Location (and related personal property) or Common Areas in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Report amounts, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor. You are not responsible for the acts and omissions of anyone who you have contracted with through FearINN for the provision of Host Services, and have invited or provided access to a Location for the purpose of providing such Host Services.

3.2 Your Assumption of Risk.

You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the FearINN Platform and any Content, including your stay at any Location, participation in any Host Service, Adventure, use of any other Host Service, or any other interaction you have with other Users whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it is suitable for you. For example, Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services.

Host Terms

4. Hosting on FearINN.

4.1 Host.

As a Host, FearINN offers you the right to use the FearINN Platform in accordance with these Terms to share your Location, Adventure, or other Host Service with our community of Participants.

4.2 Contracting with Participants.

When you accept a booking request, or receive a booking confirmation through the FearINN Platform, you are entering into a contract directly with the Participant, and are responsible for delivering the Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees including service fees and any applicable taxes for each booking. FearINN will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplemental contract with Participants must: (i) be consistent with these Terms, our policies and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.

4.3 Independence of Hosts.

Your relationship with FearINN is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of FearINN, except that FearINN acts as a payment collection agent as described in the Payment Terms. FearINN does not direct or control your Host Service, and you understand that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.

5. Managing Your Listing.

5.1 Creating and Managing Your Listing

The FearINN Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price (including any additional charges), and any rules or requirements that apply to your Participants or Listing. You are responsible for your acts or omissions as well as keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. You are responsible for obtaining appropriate insurance for your Host Services and we suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per Location, but may have multiple Listings for a single property if it has multiple places to stay.

When listing a Service or Adventure you must, where applicable, fully educate and inform Participants about (i) any risks inherent or incidental to the Host Service or Adventure, (ii) any requirements for participation, such as the minimum age, related skills, or level of fitness, (iii) the location(s) where the Host Service or Adventure may lawfully be performed, and (iv) any applicable licenses, permits, certifications, and registrations you hold to perform the Host Service or Adventure in those locations, and (v) anything else they may need to know to safely participate in the Host Service or Adventure (including dress codes, equipment, special certifications or licenses, etc.). FearINN reserves the right to decide, in its sole discretion, whether a submitted Host Service or Adventure will be published on the FearINN Platform.

If the Content you provide or approve for inclusion on your Listing includes your or a third party’s name, image, likeness, or voice, by providing Content, you authorize FearINN to use all such names, images, likenesses or voices to promote, market or provide information about the FearINN Platform, in any media or on any platform, known or unknown to date and in particular on the Internet and social networks. If any third party’s name, image, likeness, or voice is contained in Content included on your Listing pages, you represent and warrant that you have obtained or will obtain a written release from all such third parties granting FearINN the rights and permissions outlined in this paragraph before providing or approving such Content through the FearINN Platform. You shall provide FearINN, upon request, a copy of any such written release. You are responsible and liable if any of your Content violates or infringes the intellectual property, privacy rights, or publicity rights of any third party.

You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Host Service or Adventure, (ii) obtaining and maintaining any required licenses, permits, certifications, authorizations or registrations prior to providing your Host Service or Adventure; (iii) retaining, keeping up to date, and preserving the documentation needed to verify these licenses, permits, and registrations, (iv) providing evidence of such compliance to FearINN or its designated agent upon request, or as required on the FearINN Platform, and notifying FearINN if you are no longer in compliance, and (v) ensuring that your Listing, offering and/or provision of a Host Service or Adventure will not breach any agreement you may have with any third party. In addition, to the maximum extent permitted by law, you are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you provide access to any Location, all areas and facilities where the Location is located that the Host and Participant are legally entitled to use in connection with the Location (“Common Areas”). For example, this means: (i) you are responsible for leaving a Location (and related personal property) or Common Areas in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Report amounts, and (iii) you must act with integrity, treat others with respect and comply with applicable laws at all times.

5.2 Know Your Legal Obligations.

You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. You may be required to obtain permission or to obtain a license to provide the Host Services and you are responsible for obtaining such licenses when applicable. In other places, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Participants who stay at your Location. Some jurisdictions have laws that create tenancy rights for Participants and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Participants and others in compliance with applicable privacy laws and these Terms, including our Privacy Policy. If you have questions about how local laws apply you should always seek legal advice.

5.3 Search Results.

The ranking of Listings in search results on the FearINN Platform depends on a variety of factors.

5.4 Your Responsibilities.

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all additional fees and charges in your Listing description. You are also responsible for ensuring that all mandatory fees and charges applicable to your Listing are included in your price breakdown. You may not collect any fees or charges outside the FearINN Platform. Do not encourage Participants to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the FearINN Platform in violation of our Terms.

5.5 Hosting as a Team or Organization.

If you work with a co-host or host as part of a team, business, or other organization, you are responsible and liable as a Host under these Terms for the acts and omissions of each entity and individual who participates in providing your Host Services and you are responsible for informing personnel engaged by you to deliver any Host Services of your obligations under these Terms. If you accept terms or enter into contracts with third parties, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct FearINN to transfer a portion of your payout to a co-host or other Hosts, or send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.

5.6 Your Assumption of Risk.

You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the FearINN Platform, offering Host Services, or any interaction you have with other Users whether in person or online. You agree that you have had the opportunity to investigate the FearINN Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by FearINN.

5.7 Your Insurance Obligations.

You shall obtain and maintain at your expense primary insurance covering your liability and the liability of any of your employees or agents working with you or on your behalf for third-party bodily injury and property damage arising from a Participant’s stay at your Location during a Reservation.

You shall cooperate with FearINN and our third party insurance partners to verify all insurance you are required to maintain, including promptly providing proof of such insurance upon request. If any insurance you are required to maintain under this Section lapses or is cancelled, you shall notify FearINN of this immediately.

6. Cancellations, Reservation Issues, and Booking Modifications.

6.1 Cancellations and Reservation Issues.

In general, if a Participant cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation. As a host, you should not cancel on a Participant without a valid reason or applicable law. If you cancel on a Participant without such a valid reason as we determine in our discretion, we may impose a cancellation charge or take other measures. If: (i) a Participant experiences a Reservation Issue (meaning the Host cancels prior to providing the Host Services, Locations are not habitable or Host Services are materially different than shown on the Listing) (ii) a Force Majeure event (as described below in these Terms) arises, or (iii) a Reservation is canceled under Section 12 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Participant, and by any other reasonable costs we incur as a result of the cancellation. If a Participant receives a refund after you have already been paid, or the amount of the refund and other costs incurred by FearINN exceeds your payout, FearINN may recover that amount from you, including by deducting the refund against your future payouts. You agree that FearINN’s rebooking and refund policies and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Participants. If we reasonably expect to provide a refund to a Participant under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made.

6.2 Booking Modifications.

Hosts and Participants are responsible for any Booking Modifications they agree to make via the FearINN Platform or direct FearINN customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.

7. Taxes.

7.1 Host Taxes.

As a Host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes ("Taxes").

7.2 Collection and Remittance by FearINN.

In jurisdictions where FearINN facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize FearINN to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by FearINN are identified to Users on their transaction records, as applicable. FearINN may seek additional amounts from Users (including by deducting such amounts from future payouts) when the Taxes collected and/or remitted are insufficient to fully discharge that Users’ tax obligations, and you agree that your sole remedy for Taxes collected by FearINN is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Users, to cease the collection and remittance of Taxes in any jurisdiction for any reason.

7.3 Tax Information.

In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that FearINN may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting.

General Terms

8. Reviews.

After each Host Service, Participants and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates these Terms, applicable law, or our other policies. Reviews are not verified by FearINN for accuracy and may be incorrect or misleading.

9. Content.

Parts of the FearINN Platform enable you to provide, share, or communicate feedback, text, photos, audio, video, information, and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant FearINN a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit such Content in any manner to provide and/or promote the FearINN Platform, in any media or platform, known or unknown to date and in particular on the Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant FearINN (including its affiliates) the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must not be discriminatory, obscene, harassing, deceptive, violent or include any illegal or illicit content.

10. Fees.

FearINN may charge commission fees (and applicable Taxes) to Hosts and Participants for the right to use the FearINN Platform. More information about when service fees apply and how they are calculated can be found in Section 17 (Payment Terms). Any applicable fees are disclosed to Participants before making a Booking. Except as otherwise provided on the FearINN Platform, service fees are non-refundable. FearINN reserves the right to change the service fees at any time, and will provide Users notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate these Terms at any time pursuant to Section 12.2. FearINN may provide promotional fees and discounts from time to time.

11. FearINN Platform Rules.

11.1 Rules.

You must follow these rules and must not encourage or help others to break or circumvent these rules.

  • Act with integrity and treat others with respect

    • Do not lie, misrepresent something or someone, or pretend to be someone else.

    • Be polite and respectful when you communicate or interact with others.

    • Do not attempt to evade enforcement of these Terms, any of our policies such as by creating a duplicate account or listings.

    • Follow our policies and do not discriminate against or harass others.

  • Do not scrape, hack, reverse engineer, compromise or impair the FearINN Platform

    • Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the FearINN Platform.

    • Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the FearINN Platform or Content.

    • Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the FearINN Platform.

    • Do not take any action that could damage or adversely affect the performance or proper functioning of the FearINN Platform.

  • Only use the FearINN Platform as authorized by these Terms or another agreement with us.

    • You may only use another User’s personal information as necessary to facilitate a transaction using the FearINN Platform as authorized by these Terms.

    • Do not use the FearINN Platform, our messaging tools, or Users’ personal information to send commercial messages without their express consent.

    • You may use Content made available through the FearINN Platform solely as necessary to enable your use of the FearINN Platform as a Participant or Host.

    • Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.

    • Do not request, make, or accept a booking or any payment outside of the FearINN Platform to avoid paying fees, taxes or for any other reason.

    • Do not require or encourage Participants to open an account, leave a review, complete a survey, or otherwise interact, with a third-party website, application or service before, during or after a Reservation, unless authorized by FearINN.

    • Do not engage in any practices that are intended to manipulate our search algorithm.

    • Do not book Host Services unless you, or an authorized Participant, are actually using the Host Services.

    • Do not use, copy, display, mirror or frame the FearINN Platform, any Content, any FearINN branding, or any page layout or design without our consent.

  • Honor your legal obligations

    • Understand and follow the laws that apply to you, including privacy, data protection, and export laws.

    • If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.

    • Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your Reservation.

    • Do not use the name, logo, branding, or trademarks of FearINN or others without permission.

    • Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that is confusingly similar to any FearINN trademarks, logos or branding.

    • Do not offer Host Services that violate the laws or agreements that apply to you.

    • Do not offer or solicit prostitution or participate in or facilitate human trafficking.

11.2 Reporting Violations.

If you believe that a User, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting FearINN. In addition, if you believe that a User, Listing or Content has violated our Terms or policies, you should report your concerns to FearINN. If you reported an issue to local authorities, FearINN may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.

12. Termination, Suspension and other Measures.

12.1 Term.

These Terms between you and FearINN are effective when you first access the FearINN Platform (for example to create an account) and remain in effect until either you or we terminate these Terms in accordance with the terms set forth herein.

12.2 Termination.

You may terminate these Terms at any time by sending us an email or by deleting your account and removing all of your Host Services from the FearINN Platform. FearINN may terminate these Terms and your account for any reason by providing you 30 days’ notice via email or using any other contact information you have provided for your account. FearINN may also terminate these Terms immediately and without notice and stop providing access to the FearINN Platform if you breach these Terms, violate our policies, violate applicable laws, or we reasonably believe termination is necessary to protect FearINN, its Users, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.

FearINN reserves the right to change our services, including to add or remove features and functionalities or change the types of Listings we accept or allow on the platform, including, but not limited to, improving or updating our services, preventing abuse, or responding to legal requirements.

12.3 User Violations.

If (i) you breach these Terms or any of our policies (ii) you violate applicable laws, regulations, or third-party rights, or (iii) FearINN believes it is reasonably necessary to protect FearINN, its Users, or third parties; FearINN (or its affiliates) may, with or without prior notice:

  • suspend or limit your access to or use of the FearINN Platform and/or your account;

  • suspend, remove, disable access to, or restrict visibility of Listings, Reviews, or other Content;

  • cancel pending or confirmed bookings; or

  • suspend or revoke any special status associated with your account.

For minor violations or where otherwise appropriate as FearINN (or its affiliates) determines in its sole discretion, you will be given notice of any intended measure by FearINN and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a Reservation is canceled under this Section, the amount paid to the Host will be reduced by the amount we refund or otherwise provide to the Participant, and by any other costs we incur as a result of the cancellation.

12.4 Legal Mandates.

FearINN may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 12.3.

12.5 Effect of Termination.

If you are a Host and terminate your FearINN account, any confirmed booking(s) will be automatically canceled and your Participants will receive a full refund. If you terminate your account as a Participant, any confirmed booking(s) will be automatically canceled and any refund will depend upon the terms of the Reservation’s cancellation policy. When these Terms have been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the FearINN Platform has been limited, or your FearINN account has been suspended, or these Terms have been terminated by us, you may not register a new account or access or use the FearINN Platform through an account of another User.

12.6 Survival.

Parts of these Terms that by their nature survive termination, will survive termination of this agreement.

13. Modification.

FearINN may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the FearINN Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email, notifications through the FearINN Platform, messaging service, or any other contact method made available by us and selected by you at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate these Terms immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the FearINN Platform will constitute acceptance of the revised Terms.

14. Resolving Complaints and Damage Reports.

If a Host provides valid evidence that you or your guest(s) have directly caused:

(i) physical loss or physical damage to the complaining Host’s, or the Location owner’s (where the Location owner is not also the Host), real or personal property, or real or personal property the complaining Host is responsible for, or has an economic interest in; or

(ii) loss of booking income for bookings via the FearINN Platform or other consequential damages which result directly from the damage caused under (i) above; or

(iii) the complaining Host to incur cleaning costs in excess of the Host’s cleaning fee (each of (i), (ii), and (iii), a “Damage Report”),

the complaining Host can notify FearINN and/or seek compensation through a request to us. You will be notified of the Damage Report and given an opportunity to respond. If you agree to pay, or if the Damage Report is escalated to FearINN and FearINN determines in its sole discretion that the Damage Report is valid and you are responsible for the Damage Report, FearINN can collect the amount of the Damage Report from you. You agree that FearINN may seek to recover from you under any insurance policies you maintain and that FearINN may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You shall cooperate in good faith, provide any information FearINN requests, execute documents, and take further reasonable action, in connection with Damage Reports, User complaints, claims under insurance policies, or other claims related to your provision or use of Host Services.

15. FearINN’s Role.

We offer you the right to use the FearINN Platform that enables Users to publish, offer, search for, and book Host Services. While we work to ensure our Users have great experiences using FearINN, we do not and cannot control the conduct of Participants and Hosts. You acknowledge that FearINN (or its affiliates) has the right, but does not have any obligation, to monitor the use of the FearINN Platform and verify information provided by our Users. For example, we may record, review, monitor, disable access to, remove, or edit text or in-app messages, phone recordings, or other Content to: (i) operate, secure and improve the FearINN Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Users acknowledge and agree that FearINN administers the FearINN Platform and these Terms at its sole discretion. Users agree to cooperate with and assist FearINN (or its affiliates) in good faith, and to provide us with such information and take such actions as may be reasonably requested by us with respect to any investigation undertaken by us regarding the use or abuse of the FearINN Platform. FearINN is not acting as an agent for any User except for where FearINN acts as a collection agent as provided in the Payment Terms.

16. User Accounts.

You must register an account to access and use many features of the FearINN Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the FearINN Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify FearINN if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

17. Payment Terms.

Payment Services

These payment services are provided for Participants and Hosts and may include, when available, the following (collectively, “Payment Services”):

  • Collecting payments from Participants (“Inbound Payment”) by charging a credit card, debit card, or other payment method supported by FearINN’s third-party payment processor (“Payment Method”).

  • Effecting payments to Hosts (“Payout”) through a bank account or other payout method supported by Stripe Connect (“Payout Method”).

FearINN may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. FearINN may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. FearINN will provide notice to Users of material changes to the Payment Services when required by these Payment Terms or applicable law.

(i) Identification and Verification.

You authorize FearINN, directly or through third parties, to make any inquiries we consider necessary to verify your identity and the information you provide, including, if applicable, the identity of your representative(s) and beneficial owner(s). This may include (i) screening you and, if applicable, your representative(s) and beneficial owner(s) against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you and, if applicable, your representative(s) and beneficial owner(s) to provide a form of government identification (e.g., driver’s license or passport) to check your name, place and date of birth, your address, nationality and/or other information which we deem necessary under applicable laws; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). FearINN reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.

(ii) Additional Terms.

Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payment Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.

Your access to or use of Payment Services may be denied or prevented by FearINN in accordance with our internal policies, applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body.

Participants

(i) Adding a Payment Method.

When you add a Payment Method to your FearINN account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to FearINN or its third-party payment processor(s). You authorize FearINN and its payment service providers to process your Payment Method information as necessary to provide the Payment Services. Payment card details are handled by the applicable third-party payment processor in accordance with its terms and privacy policy.

(ii) Payment Method Verification.

When you add or use a Payment Method, FearINN may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your FearINN account so it can be used for a future transaction. You may not remove the Payment Method associated with a reservation during the period commencing from the date of your booking and ending fourteen (14) days following your check-out date, nor during any additional period of time needed to resolve any outstanding Damage Report associated with such booking. Additional Payment Methods, when offered, may be subject to additional verification or authorization requirements disclosed through the FearINN Platform or by the applicable payment processor.

(iii) Payment Authorization.

You allow FearINN to charge your Payment Method (including charging more than one Payment Method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your FearINN account, including Damage Report amounts in accordance with the Terms.

(iv) Automatic Update of Payment Method.

If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and attempt to automatically update your Payment Method on file.

(v) Timing of Payment.

FearINN generally charges the Total Price after the Host accepts your booking request, unless a different payment timing is disclosed through the FearINN Platform at checkout. FearINN may offer alternative options for the timing and manner of payment, and any applicable additional fees will be disclosed before payment. If FearINN is unable to collect the Total Price as scheduled, we may attempt collection again in accordance with these Payment Terms. Once payment for your requested booking is successfully completed, you will receive a confirmation email.

(vi) Booking Request Status.

If a requested booking is declined because it is not accepted by the Host, you cancel the booking request before it is accepted by the Host, or FearINN cancels the booking, any amounts collected that are refundable under these Terms and the applicable cancellation policy will be refunded to you, and any applicable pre-authorization of your Payment Method will be released.

(vii) Payment Restrictions.

FearINN reserves the right to decline or limit payments that we believe (i) may violate FearINN’s risk management policies or procedures, (ii) may violate these Payment Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, FearINN, or others to risks unacceptable to FearINN.

(viii) Payment Service Providers.

Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and FearINN is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.

(ix) Your Payment Method, Your Responsibility.

FearINN is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.

Hosts

(i) Payment Collection.

FearINN generally collects the Total Price of a booking at the time the Participant’s booking request is accepted by the Host, unless noted otherwise.

(ii) Valid Payout Method.

In order to receive a Payout you must have a valid Payout Method linked to your FearINN account. When you add a Payout Method to your FearINN account, you may be asked to provide additional information such as name, government identification, tax ID, billing address, role of account holder and financial instrument information either to FearINN or its third-party payment processor(s). Depending on the Payout Method selected and information provided, additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. Providing requested information is required for a Payout Method to be valid. The information FearINN requires for a valid Payout Method may change, and FearINN may request additional information at any time; failing to provide requested information may result in FearINN temporarily placing a hold, suspending, or canceling any Payout or removing the Payout Method from your account, until the information is provided and, if necessary, validated.

(iii) Payout Method Information.

You authorize FearINN and its payment service providers to process Payout Method information in accordance with FearINN’s Privacy Policy and applicable payment processor terms. FearINN may also share such information with governmental authorities as required by applicable law.

(iv) Timing of Payout.

Subject to and conditional upon successful receipt of payment from the Participant, any applicable holding period, and the applicable transaction process, FearINN will initiate Payouts at the time specified through the FearINN Platform for the relevant Host Service.

The time it takes to receive a Payout after it is initiated may depend on Stripe Connect, the Host’s financial institution, the selected Payout Method, and other factors outside FearINN’s control. Available payout information will be displayed through the FearINN Platform when applicable.

(v) Payout.

Your Payout for a booking will be the Total Price less applicable fees like FearINN service fees and applicable taxes. In the event of cancellation of a confirmed booking, FearINN will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy.

(vi) Payout Restrictions.

FearINN may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity, or to obtain or verify requested information. Furthermore, FearINN may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined below).

(vii) Limits on Payouts.

For compliance or operational reasons, FearINN may limit the amount of a Payout. If you are due an amount above that limit, FearINN may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.

(viii) Payment Service Providers.

Payout Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and FearINN is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use from such third-party payment service providers. Please review them before using your Payout Method.

(ix) Each Host hereby appoints FearINN as the Host’s payment collection agent solely for the limited purpose of accepting and processing funds from Participants purchasing Host Services on the Host’s behalf.

Each Host agrees that payment made by a Participant through FearINN, shall be considered the same as a payment made directly to the Host, and the Host will provide the Host Service booked by the Participant in the agreed-upon manner as if the Host has received the payment directly from the Participant. Each Host agrees that FearINN may refund the Participant in accordance with the Terms. Each Host understands that FearINN’s obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Participant. FearINN guarantees payments to Host(s) only for such amounts that have been successfully received by FearINN from Participants in accordance with these Payment Terms. In accepting appointment as the limited payment collection agent of the Host, FearINN assumes no liability for any acts or omissions of the Host.

(x) Each Participant acknowledges and agrees that, notwithstanding the fact that FearINN is not a party to the agreement between you and the Host(s), FearINN acts as each Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host(s). Upon a Participant’s payment of the funds to FearINN, the Participant’s payment obligation to the Host(s) for the agreed upon amount is extinguished, and FearINN is responsible for remitting the funds successfully received by FearINN to the Host(s) in the manner described in these Payment Terms. In the event that FearINN does not complete the provision of the Payment Services and remit any such amounts, the Host(s) will have recourse only against FearINN and not the Participant directly for the failure on the provision of the Payment Services.

18. Disclaimer of Warranties.

THE FEARINN PLATFORM AND ALL CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND FEARINN (OR ITS AFFILIATES) DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. FOR EXAMPLE: (I) WE DO NOT ENDORSE OR WARRANT THE EXISTENCE, CONDUCT, PERFORMANCE, SAFETY, QUALITY, LEGALITY OR SUITABILITY OF ANY PARTICIPANT, HOST, HOST SERVICE, LISTING OR THIRD PARTY; (II) WE DO NOT WARRANT THE PERFORMANCE OR NON-INTERRUPTION OF THE FEARINN PLATFORM; AND (III) WE DO NOT WARRANT THAT WE WILL CONDUCT ANY VERIFICATION, IDENTITY OR BACKGROUND CHECKS OR THAT ANY CHECKS WILL IDENTIFY PAST MISCONDUCT OR PREVENT FUTURE MISCONDUCT. ANY REFERENCES TO A USER OR LISTING BEING "VERIFIED" (OR SIMILAR LANGUAGE) INDICATE ONLY THAT THE USER OR LISTING OR FEARINN (OR ITS AFFILIATES) HAS COMPLETED A RELEVANT VERIFICATION OR IDENTIFICATION PROCESS AND NOTHING ELSE. THE DISCLAIMERS IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU HAVE STATUTORY RIGHTS OR WARRANTIES FEARINN (OR ITS AFFILIATES) CANNOT DISCLAIM, THE DURATION OF ANY SUCH STATUTORILY REQUIRED RIGHTS OR WARRANTIES, WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

19. Limitations on Liability.

NEITHER FEARINN (INCLUDING ITS AFFILIATES AND PERSONNEL) NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE FEARINN PLATFORM OR ANY CONTENT 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 (I) THESE TERMS, (II) THE USE OF OR INABILITY TO USE THE FEARINN PLATFORM OR ANY CONTENT, (III) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS YOU MAY HAVE WITH SOMEONE YOU INTERACT OR MEET WITH THROUGH, OR AS A RESULT OF, YOUR USE OF THE FEARINN PLATFORM, OR (IV) PUBLISHING OR BOOKING OF A LISTING, INCLUDING THE PROVISION OR USE OF HOST SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FEARINN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET OUT IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATION TO TRANSMIT PAYMENTS TO HOSTS UNDER THESE TERMS, IN NO EVENT WILL FEARINN’S AGGREGATE LIABILITY FOR ANY CLAIM OR DISPUTE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR INTERACTION WITH ANY USERS, OR YOUR USE OF OR INABILITY TO USE THE FEARINN PLATFORM, ANY CONTENT, OR ANY HOST SERVICE, EXCEED: (A) TO PARTICIPANTS, THE AMOUNT YOU PAID AS A PARTICIPANT DURING THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, (B) TO HOSTS, THE AMOUNT PAID TO YOU AS A HOST IN THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (C) TO ANYONE ELSE, ONE HUNDRED U.S. DOLLARS (US$100).

THESE LIMITATIONS OF LIABILITY AND DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND FEARINN. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

20. Indemnification.

To the maximum extent permitted by applicable law, you shall release, defend (at FearINN’s option), indemnify, and hold FearINN 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: (i) your breach of these Terms or any of our policies (ii) your improper use of the FearINN Platform, (iii) your interaction with any User, stay at a Location, participation in a Host Service or Adventure, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third-party rights such as intellectual property or privacy rights. You shall indemnify and hold FearINN harmless from and against any of the aforementioned claims, liabilities, damages, losses, and expenses, regardless of FearINN’s responsibility for negligence and howsoever the same may be caused.

21. United States Governing Law and Venue.

If you reside or have your place of establishment in the United States, the laws of the State of California and the United States of America will apply to the interpretation of these Terms and any disputes arising out of or relating to these Terms or your use of the FearINN Platform, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 22 must be brought in state or federal court in Santa Clara County, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Santa Clara County, California.

22. United States Dispute Resolution and Arbitration Agreement.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND FEARINN AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions.

22.1 Application.

This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against FearINN in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 22 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

22.2 Overview of Dispute Resolution Process.

FearINN is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 22 applies: (1) an informal negotiation directly with FearINN (described in paragraph 22.3, below), and if necessary (2) a binding arbitration in accordance with the terms of this Arbitration Agreement. You and FearINN each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration. To the extent provided by applicable law, and except to the extent that any party to the arbitration seeks to enforce any final award in a court of competent jurisdiction, the arbitration proceedings and any information exchanged during the proceeding shall remain confidential.

22.3 Mandatory Pre-Arbitration Dispute Resolution and Notification.

At least 30 days prior to a party initiating an arbitration, you and FearINN each agree to send the other party an individualized notice of the dispute in writing (“Pre-Dispute Notice") and attempt in good faith to negotiate an informal resolution of the individual claim. If you are bringing the dispute, you must send your Pre-Dispute Notice to FearINN LLC, Attn: Dispute Resolution, 305 Vineyard Town Ctr, #123, Morgan Hill, CA 95037-5674, or by email to disputes@fearinn.com. If FearINN is bringing the dispute, FearINN will send its Pre-Dispute Notice to the email address associated with your FearINN account. A Pre-Dispute Notice must include: the date, your name, mailing address, your FearINN username, the email address you used to set up your FearINN account, your signature, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written demand for arbitration with the arbitration provider designated pursuant to Section 22.6, below. A claimant’s Pre-Dispute Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and evidence that it was sent as required by this Section must be attached to any arbitration demand. In addition, you must make any demand for arbitration under the Arbitration Agreement before the expiration of the statute of limitations provided under the laws of the State of California. Otherwise, to the extent permitted by applicable law, you forever waive the right to pursue any claim or cause of action, of any kind or character, based on such events or facts, and such claims or causes of action are permanently barred.

22.4 Agreement to Arbitrate; Delegation.

You and FearINN mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the FearINN Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding arbitration on an individual basis (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, you and FearINN agree that an arbitrator will decide that issue. For the avoidance of doubt, you and FearINN agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of this Section 22, including any dispute over compliance with the Pre-Dispute Notice requirement and a party’s responsibility to pay arbitration fees, shall be resolved exclusively by an arbitrator.

22.5 Exceptions to Arbitration Agreement.

You and FearINN each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; (iv) any claim or cause of action for vexatious litigation; or (v) any individual claim of sexual assault or sexual harassment arising from your use of the FearINN Platform or Host Services. You and FearINN agree that any request for the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

22.6 Arbitration Forum Rules and Governing Law.

This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement, and not state law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with Rules 1, 6–7, 8–9, and 11–12, 45, 54, and 56 of the Federal Rules of Civil Procedure (“Selected Federal Rules") and the AAA’s Consumer Arbitration Rules then in effect (the “AAA Rules”), except as modified here. Immediately after submitting an arbitration demand to the appropriate arbitration provider as identified above, you must send a copy of the demand to FearINN LLC, Attn: Dispute Resolution, 305 Vineyard Town Ctr, #123, Morgan Hill, CA 95037-5674. FearINN does not agree to and will not accept service of an arbitration demand at any other physical address or by email or other digital submission, unless FearINN agrees otherwise in writing. If the AAA cannot and will not administer the arbitration, you and FearINN shall confer and select an alternative arbitral forum, and if we are unable to agree, either you or FearINN may ask a court to appoint an arbitrator pursuant to 9 U.S.C. § 5. In that event, the arbitration will be conducted in accordance with the rules of the appointed arbitral forum, unless those rules are inconsistent with the provisions of this Arbitration Agreement.

22.7 Modification of Arbitration Rules - Arbitration Hearing/Location.

In order to make the arbitration most cost-effective, efficient, and convenient, any required arbitration hearing in an arbitration wherein the amount in controversy does not exceed $1,000,000 shall be conducted remotely via video conference except as otherwise agreed by the parties or instructed by the arbitrator. Any required arbitration hearing in an arbitration wherein the amount in controversy exceeds $1,000,000 shall be conducted in Santa Clara County except as otherwise agreed by the parties or instructed by the arbitrator. If the amount in controversy is $50,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator, provided that the arbitrator has discretion to decide to hold a hearing in response to the reasonable and proportionate request from a party.

22.8 Modification of Arbitration Rules - Arbitration Fees and Costs.

Your arbitration fees and your share of arbitrator compensation shall be governed by the rules and service fee schedule of the arbitration provider administering the arbitration. If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. You may request a fee waiver by providing the arbitration provider with a declaration under oath stating your monthly income and the number of persons in your household. If a fee waiver is granted by the arbitration provider and you provide FearINN with documents necessary to prove that your gross monthly income is less than 300% of the federal poverty guidelines, FearINN will pay your share of any arbitrator fees.

22.9 Modification of Arbitration Rules - Claims Brought for an Improper Purpose or In Violation of This Arbitration Agreement.

Either party may make a request that the arbitrator impose sanctions upon proving that the other party or its attorney(s) has asserted a claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous. As allowed by applicable law, the arbitrator shall impose sanctions equal to the requesting party’s reasonable attorneys’ fees and costs upon finding that a claim or defense is groundless in fact or law, brought in bad faith or for the purpose of harassment, asserted in violation of Fed. R. Civ. P. 11(b) (treating the arbitrator as “the court”), or is otherwise frivolous. Either party may seek dismissal of any arbitration filed in violation of any provision of this Arbitration Agreement. Either party may assert in arbitration a counterclaim for the other party’s initiation of proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement. Upon finding that a party has initiated proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement, the arbitrator shall award the other party its actual damages, including but not limited to reasonable attorneys’ fees and costs.

22.10 Arbitrator’s Decision.

The arbitrator will issue a written decision which shall include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

22.11 Jury Trial Waiver.

You and FearINN acknowledge and agree that both parties are each waiving the right to a trial by jury as to all arbitrable Disputes.

22.12 No Class Actions or Representative Proceedings.

You and FearINN acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing or as provided in this agreement, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this Arbitration Agreement and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

22.13 Modifications of Arbitration Rules - Offers of Judgment.

At least 10 days before the date set for the arbitration hearing, you or FearINN may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall issue an award accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other than with respect to costs (including all fees paid to the arbitration provider). If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitration provider) from the time of the offer.

22.14 Severability.

Except as provided in Section 22.12, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

22.15 Amendment to Agreement to Arbitrate.

If FearINN amends this Section 22 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject the change by sending us written notice no later than 30 days of the date the change is effective. Your notice must include your name, mailing address, the date of the notice, your FearINN username, the email address you used to set up your FearINN account, your signature, and an unequivocal statement that you want to opt out of the amended Section 22. You must either mail your notice to FearINN LLC, Attn: Arbitration Opt-Out, 305 Vineyard Town Ctr, #123, Morgan Hill, CA 95037-5674, or email the opt-out notice to disputes@fearinn.com. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and FearINN (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and FearINN.

23. Miscellaneous.

23.1 Interpreting these Terms.

Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between FearINN and you pertaining to your access to or use of the FearINN Platform and supersede any and all prior oral or written understandings or agreements between FearINN and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and FearINN. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 22 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”

23.2 No Waiver.

FearINN’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. 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 permitted under law.

23.3 Assignment.

You may not assign, transfer or delegate these Terms or your rights and obligations hereunder without FearINN’s prior written consent. FearINN may without restriction assign, transfer or delegate these Terms and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.

23.4 Notice.

Unless specified otherwise, any notices or other communications to Users permitted or required under this agreement will be provided electronically by FearINN via email, FearINN Platform notification, SMS, or another contact method that we enable and you provide.

23.5 Third-Party Services.

The FearINN Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. FearINN is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

23.8 Platform Content.

Content made available through the FearINN Platform, including without limitation trademarks, trade dress, inventions, algorithms, computer programs (in source code and object code), customer and marketing information and other content (“Platform Content”), whether registered or unregistered, which may be protected by copyright, trademark, patent, trade secrets, know how, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Platform Content are the exclusive property of FearINN and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Platform Content accessed through the FearINN Platform except to the extent you are the legal owner of that Platform Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, FearINN grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) access and use the FearINN Platform through supported devices; and (ii) access and view the Platform Content made available on or through the FearINN Platform and accessible to you, solely for your personal and non-commercial use.

23.9 Force Majeure.

FearINN shall not be liable for any delay or failure to perform resulting from abnormal or unforeseeable circumstances outside its reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

23.11 Emails and SMS.

You will receive administrative communications from us using the email address or other contact information you provide for your FearINN account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a FearINN account.

23.12 Contact Us.

If you have any questions about these Terms, please contact us at info@fearinn.com or by mail at FearINN LLC, 305 Vineyard Town Ctr, #123, Morgan Hill, CA 95037-5674.