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Fellow Hunter Terms & Conditions


IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE: SECTION 34 OF THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH FELLOW HUNTER ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY. PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. IN PARTICULAR, LANDOWNERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE JURISDICTIONS. LANDOWNERS SHOULD REVIEW LOCAL LAWS BEFORE LISTING LAND ON FELLOW HUNTER. Last Updated: July 29, 2017 Key Terms Fellow Hunter provides an online platform that connects landowners who have land to list and book with hunters seeking to book such land (collectively, the “Services“), which Services are accessible at www.FellowHunter.com and any other websites through which Fellow Hunter makes the Services available (collectively, the “Site“) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“). If you are using the Site, Application or Services and you reside in the USA, these Terms of Service are between you and Fellow Hunter, Inc. If you reside outside of the USA these Terms of Service are applicable to you as allowed by local law. Fellow Hunter, Inc. handles any and all payments and payouts conducted through or in connection with the Site, Application or Services (“Payment Services“). Payment Services provided by Fellow Hunter are subject to the Payments Terms of Service (“Payments Terms“). “Land” means residential and commercial property for hunting. “Fellow Hunter Content” means all Content that Fellow Hunter makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content. “Booking” means a limited license granted by the Landowner to the Hunter to enter and use the Listing for the limited duration of the confirmed booking, during which time the Landowner (only where and to the extent permitted by applicable law) retains the right to re-enter the Land, in accordance with the Hunter’s agreement with the Landowner. Please note, as used on the Site, Applications, and Services, “short term hunting lease” and “land lease” have the same meaning as “Booking;” all three terms mean a limited license to enter and use the Land for the duration of the confirmed booking as defined above. “Booking Period” during the pilot program means all bookings will be accepted by the Landowner. “Collective Content” means Member Content and Fellow Hunter Content. “Communication” means an email, message via the Application, text message or telephone. “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. “Hunter” means a Member who requests from a Landowner a Booking of a Listing via the Site, Application or Services, or a Member who stays at an Land and is not the Landowner for the associated Listing. “Landowner” means a Member who creates a Listing or agrees to have their property listed and managed by Fellow Hunter during the pilot program via the Site, Application and Services. “Listing” means a Land that is listed by a Landowner or Fellow Hunter as available for Booking via the Site, Application, and Services. “Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Fellow Hunter promotional campaign to be made available through the Site, Application or Services. “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, Land or lodging taxes, fees (such as convention center fees) that Land 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. Terms of Service By using the Site, Application or Services, 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 access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and Fellow Hunter. Please also read carefully our Privacy Policy at www.FellowHunter.com/terms/privacy_policy. In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties. THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH LANDOWNERS MAY CREATE LISTINGS FOR LANDS AND HUNTERS MAY LEARN ABOUT AND BOOK LANDS DIRECTLY WITH THE LANDOWNERS. YOU UNDERSTAND AND AGREE THAT FELLOW HUNTER IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN LANDOWNERS AND HUNTERS, NOR IS FELLOW HUNTER A REAL ESTATE BROKER, AGENT OR INSURER. FELLOW HUNTER HAS NO CONTROL OVER THE CONDUCT OF LANDOWNERS, HUNTERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY LANDS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU CHOOSE TO CREATE A LISTING ON FELLOW HUNTER, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH FELLOW HUNTER IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF FELLOW HUNTER FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF FELLOW HUNTER. FELLOW HUNTER DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF FELLOW HUNTER, INCLUDING BY INAPPROPRIATELY USING ANY FELLOW HUNTER INTELLECTUAL PROPERTY. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES (INCLUDING, WHERE APPLICABLE, PROGRAMS SUCH AS THE LANDOWNER PROTECTION INSURANCE PROGRAM, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity. Modification Fellow Hunter reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. If you do not close your Fellow Hunter Account you will be deemed to have accepted the changes. Eligibility The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older. For users in the United States, Fellow Hunter will, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. For users outside the United States, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from Fellow Hunter’s vendors. How the Site, Application and Services Work The Site, Application and Services can be used to facilitate the listing and Booking of Lands. Such Lands are included in Listings on the Site, Application and Services by Landowners. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Land or create a Listing, you must first contract Fellow Hunter to book Land. As stated above, Fellow Hunter makes available an online platform or marketplace with related technology for Hunters and Landowners to meet online and arrange for Bookings of Lands directly with each other. Fellow Hunter is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Lands, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Lands and Fellow Hunter does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Lands or transportation or travel services. Unless explicitly specified otherwise in the Fellow Hunter platform, Fellow Hunter’s responsibilities are limited to facilitating the availability of the Site, Application and Services. PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE LANDOWNERS AND HUNTERS CONNECTING AND BOOKING LANDS DIRECTLY WITH EACH OTHER. FELLOW HUNTER CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY LANDS. FELLOW HUNTER IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND LANDS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK. Land Listings As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Land to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Land and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Lands must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Hunter and Landowner preferences, ratings and/or ease of Booking. Other Users will be able to book your Land via the Site, Application and Services based upon the information provided in your Listing, your Hunter requirements, and Hunters’ search parameters and preferences. You understand and agree that once a Hunter requests a Booking of your Land, you may not request the Hunter to pay a higher price than in the Booking request. You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the Booking of, or a Hunter’s stay at, an Land in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other third party agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Land included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Fellow Hunter assumes no responsibility for a Landowner’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Fellow Hunter reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Fellow Hunter, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Fellow Hunter’s then-current Policies and Community Guidelines or Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services. If you are a Landowner, you understand and agree that Fellow Hunter does not act as an insurer or as your contracting agent. If a Hunter requests a Booking of your Land and stays at your Land, any agreement you enter into with such Hunter is between you and the Hunter and Fellow Hunter is not a party to it. When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a Booking of your Land, such as requiring Members to have a profile picture or verified phone number, in order to book your Land. Any Member wishing to book Lands included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Landownering” section of the Site, Application and Services. You acknowledge and agree that, as a Landowner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Land at your request or invitation, excluding the Hunter (and the individuals the Hunter invites to the Land, if applicable.) Fellow Hunter recommends that Landowners obtain appropriate insurance for their Lands. Please review any insurance policy that you may have for your Land 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 or relating to Hunters (and the individuals the Hunter invites to the Land, if applicable) while at your Land. Please also review such policy for any interaction with the Fellow Hunter Landowner Protection Insurance Program, to the extent provided in your jurisdiction. Fellow Hunter may offer Landowners the option of having photographers take photographs of their Lands. If you as a Landowner choose to have photographer do this, Fellow Hunter shall own all copyrights in photographs taken but these photographs will be made available to you to include in your Listing with a watermark or tag bearing the words “FellowHunter.com Verified Photo” or similar wording (“Verified Images“). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images for your Listing and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing or if you cease to be a Landowner for the Listing featured. All images, materials and content created by these photographers, including Verified Images, constitute Fellow Hunter Content, regardless of whether you include them in your Listing and you agree not to use them except in your Listing without prior authorization from Fellow Hunter. If your Fellow Hunter Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that Fellow Hunter retains its right to and may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation. No Endorsement Fellow Hunter does not endorse any Member, Listing or Land. You understand that Verified Images are intended only to indicate a photographic representation of the Land at the time the photograph was taken. Verified Images are therefore not an endorsement by Fellow Hunter of any Member, Listing or Land. Members are required by these Terms to provide accurate information. Although Fellow Hunter may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background. By registering for an Fellow Hunter Account, you agree that Fellow Hunter may - but is not obligated to - request a consumer report on you from a Consumer Reporting Agency. If we do request a consumer report, we’ll request and use it in compliance with applicable law, including the Fair Credit Reporting Act. Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Fellow Hunter about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Landowner or to accept or preapprove a Booking request from a Hunter, or to have any other interaction with any other Member. Except as provided in the Fellow Hunter Landowner Guarantee Terms and Conditions (“Fellow Hunter Landowner Guarantee“), which is an agreement between Fellow Hunter and Landowners, we are not responsible for any damage or harm resulting from your interactions with other Members. By using the Site, Application 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 Fellow Hunter with respect to such actions or omissions. Bookings and Financial Terms Key definitions “Hunter Fees” means the fee that Fellow Hunter charges a Hunter for the use of the Services, which is calculated as a percentage of the applicable Land Fees. The Hunter Fees will be displayed to the Hunter when the Hunter is asked whether to send a Booking request to a Landowner. “Landowner Fees” means the fee that Fellow Hunter charges a Landowner for the use of the Services. “Payment Method” means a payment method that you have added to your Fellow Hunter Account, such as a credit card, debit card or PayPal. “Service Fees” means collectively the Hunter Fees and the Landowner Fees. “Total Fees” means collectively the Land Fees and the Hunter Fees plus any Taxes. Bookings and Financial Terms for Landowners If you are a Landowner and a Booking is requested for your Land you will be required to accept the booking made by Fellow Hunter. Fellow Hunter Payments will collect the Total Fees from Hunters at the time of the Booking request or upon the Landowner’s confirmation and will initiate payment of the Land Fees (less applicable fees and taxes) to the Landowner at the time and as further described in the Payments Terms. Each Landowner agrees that Fellow Hunter may, in accordance with the cancellation policy selected by the Landowner and reflected in the relevant Listing, (i) permit the Hunter to cancel the Booking and (ii) refund (via Fellow Hunter Payments) to the Hunter that portion of the Land Fees specified in the applicable cancellation policy. Bookings and Financial Terms for Hunters The Landowners, not Fellow Hunter, are solely responsible for honoring any confirmed Bookings and making available any Lands reserved through the Site, Application and Services. If you, as a Hunter, choose to enter into a transaction with a Landowner for the Booking of an Land, you agree and understand that you will be required to enter into an agreement with the Landowner and you agree to accept any terms, conditions, rules and restrictions associated with such Land imposed by the Landowner. You acknowledge and agree that you, and not Fellow Hunter, will be responsible for performing the obligations of any such agreements, that Fellow Hunter is not a party to such agreements, and that, with the exception of Fellow Hunter Payments’ obligations pursuant to the Payments Terms, Fellow Hunter (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements. The Total Fees payable will be displayed to a Hunter before the Hunter sends a Booking request to Fellow Hunter As noted above, the Landowner is required to confirm all Booking request within the pilot program for the Fall of 2017. Upon receipt of your Booking request, Fellow Hunter Payments may initiate a pre-authorization and/or charge a nominal amount to your Payment Method pursuant to the Payments Terms. If a requested Booking is cancelled (i.e. not confirmed by the applicable Landowner), any amounts collected by Fellow Hunter Payments will be refunded to such Hunter, depending on the selections the Hunter makes via the Site and Application, and any pre-authorization of such Hunter’s Payment Method will be released, if applicable. You as a Hunter agree to pay the Total Fees for any Booking requested, and in most cases confirmed, in connection with your Fellow Hunter Account or Accepted Guest Checkout Booking. Fellow Hunter Payments will collect the Total Fees pursuant to the Payments Terms. Once your confirmed Booking transaction is complete you will receive a confirmation Communication summarizing your confirmed Booking. Service Fees and Other Fees In consideration for the use of Fellow Hunter’s online marketplace and platform, Fellow Hunter charges Service Fees. Fellow Hunter Payments collects these Service Fees pursuant to the Payments Terms, and, where applicable, may also collect Taxes (such as VAT in Europe) in respect of the Landowner Fees and Hunter Fees. Fellow Hunter Payments deducts the Landowner Fees from the Land Fees before remitting the balance to the Landowner as described in the Payments Terms. Hunter Fees are, as noted above, included in the Total Fees. Applicable Hunter Fees, as well as Taxes collected by Fellow Hunter, will be shown to Hunters via the Site and Application at checkout, prior to their submission of a Booking request. And, Fellow Hunter will disclose applicable Landowner Fees to Landowners via the Site and Application. More information on Services Fees can be found at the Fellow Hunter Help Center. General Booking and Financial Terms Cancellations and Refunds If, as a Hunter, you wish to cancel a confirmed Booking made via the Site, Application and Services, either prior to or after arriving at the Land, the cancellation policy of the Landowner contained in the applicable Listing will apply to such cancellation. Our ability to refund the Land Fees, Hunter Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Hunter Fee is non-refundable unless otherwise indicated in the cancellation policy selected by the Landowner. Fellow Hunter Payments will initiate any refunds due pursuant to the Payments Terms. If a Landowner cancels a confirmed Booking made via the Site, Services, and Application, (i) Fellow Hunter Payments will refund the Total Fees for such Booking to the applicable Hunter pursuant to the Payments Terms and (ii) the Hunter may receive a Communication from Fellow Hunter containing alternative Listings and other related information. If the Hunter requests a Booking from one of the alternative Listings and the Landowner associated with such alternative Listing confirms the Hunter’s requested Booking, then the Hunter agrees to pay Fellow Hunter the Total Fees relating to the confirmed Booking for the Land in the alternative Listing, in accordance with these Terms. If a Landowner cancelled a confirmed Booking and you, as a Hunter, have not received a Communication from Fellow Hunter, please contact Fellow Hunter. If, as a Landowner, you cancel a confirmed Booking, you agree that Fellow Hunter may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a Booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled Booking, or (iii) imposing a cancellation fee. You will be notified of the situations in which a cancellation fee applies before you decide to cancel. In certain circumstances, Fellow Hunter may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Booking made via the Site, Application and Services. This may be for reasons set forth in Fellow Hunter’s Extenuating Circumstances Policy or for any other reason. Fellow Hunter may also determine, in its sole discretion, to refund to the Hunter part or all of the amounts charged to the Hunter in accordance with the Hunter Refund Policy or in connection with a cancellation under Fellow Hunter’s Extenuating Circumstances Policy. You agree that Fellow Hunter and the relevant Hunter or Landowner will not have any liability for such cancellations or refunds. Disputes Members may contact Fellow Hunter at contract@fellowhunter.com for any dispute arising from a booking including request money for refunds, services or damages related to their Bookings. You agree to pay all amounts sent through the in connection with your Fellow Hunter Account, and Fellow Hunter Payments will handle all such payments pursuant to the Payments Terms. When a Member agrees to provide services to another Member to resolve a dispute, both parties acknowledge and agree that they, and not Fellow Hunter, will be responsible for performing their respective obligations of any such agreements, that Fellow Hunter is not a party to such agreements, and that, with the exception of Fellow Hunter Payments’ obligations pursuant to the Payments Terms, Fellow Hunter (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements and the services or amenities provided. Rounding Off Fellow Hunter may, in its sole discretion, round up or round down amounts that are payable from or to Hunters or Landowners to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Fellow Hunter will round up an amount of 102.00, and 101.00. Some currencies are denominated in large numbers. In those cases, Fellow Hunter may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Fellow Hunter to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000. Booking Modifications You as a Hunter or Landowner are responsible for any modifications to a Booking that you direct Fellow Hunter Customer Service to make (“Booking Modifications“), and you agree to pay any Land Fees, Hunter Fees, Landowners Fees, Services Fees, and/or Taxes associated with such Booking Modifications. Taxes Tax regulations may require us to collect appropriate tax information from our Landowners, or to withhold taxes from payouts to Landowners, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W–9 from certain US Landowners, and an appropriate IRS Form W–8 (e.g. Form W–8BEN) from non-US landowners with at least one Listing in the US. You as a Landowner are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Landowner fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you (e.g. where you are a US Landowner and you fail to provide us with a completed IRS Form W–9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both. You as a Landowner understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Fellow Hunter cannot and does not offer Tax-related advice to any Members. Where applicable, or based upon request from a Landowner, Fellow Hunter may issue a valid VAT invoice to such Landowner. You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority“) where your Land is located may require Taxes to be collected from Hunters or Landowners on the amount paid for the right to use and/or occupancy of Lands, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Land Fees set by Landowners, a set amount per day, or other variations, and are sometimes called “occupancy taxes,” “hotel taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,” “room taxes” or “tourist taxes” (hereafter, “Occupancy Taxes“). Damage to Lands and Security Deposits As a Hunter, you are responsible for leaving the Land (including any personal or other property located at an Land) in the condition it was in when you arrived. You acknowledge and agree that, as a Hunter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Land. In the event that a Landowner claims otherwise and provides evidence of damage (“Damage Claim“), including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. Landowners may choose to include security deposits in their Listings (“Security Deposits“). Each Listing will describe whether a Security Deposit is required for the applicable Land. Fellow Hunter will use commercially reasonable efforts to address Landowners’ requests and claims related to Security Deposits, but Fellow Hunter is not responsible for administering or accepting any Damage Claims by Landowners related to Security Deposits, and disclaims any and all liability in this regard. If a Landowner has a Damage Claim for a confirmed Booking, the Landowner can seek payment from the Hunter by contacting Fellow Hunter at contact@fellowhunter.com. The Landowner may escalate the Damage Claim to Fellow Hunter if the Landowner and Hunter are unable to resolve a Damage Claim through the Resolution Center, or immediately in certain circumstances. If a Landowner escalates a Damage Claim to Fellow Hunter, you as a Hunter will be notified of the Damage Claim and given an opportunity to respond. If you as a Hunter agree to pay the Landowner in connection with a Damage Claim, or if Fellow Hunter determines, in its sole discretion, that you are responsible for damaging an Land or any personal or other property located at an Land, Fellow Hunter (via Fellow Hunter Payments) will collect any such costs from you and/or against the Security Deposit in accordance with the Payments Terms. Fellow Hunter also reserves the right to otherwise collect payment from you and pursue any avenues available to Fellow Hunter in this regard in situations in which you have been determined, in Fellow Hunter’s sole discretion, to have damaged any Land or any personal or other property located at an Land. Both Hunters and Landowners agree to cooperate with and assist Fellow Hunter in good faith, and to provide Fellow Hunter with such information and take such actions as may be reasonably requested by Fellow Hunter, in connection with any Damage Claims or other complaints or claims made by Members relating to Lands or any personal or other property located at an Land (including, without limitation, payment requests made under the Fellow Hunter Landowner Guarantee) or with respect to any investigation undertaken by Fellow Hunter or a representative of Fellow Hunter regarding use or abuse of the Site, Application or the Services. If you are a Hunter, upon Fellow Hunter’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 Landowner, at no cost to you, which process will be conducted by Fellow Hunter or a third party selected by Fellow Hunter or its insurer, with respect to losses for which the Landowner is requesting payment from Fellow Hunter under the Fellow Hunter Landowner Guarantee. If you are a Hunter, you understand and agree that Fellow Hunter may make a claim under your 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 Land or any personal or other property located at an Land (including without limitation amounts paid by Fellow Hunter under the Fellow Hunter Landowner Guarantee). You agree to cooperate with and assist Fellow Hunter in good faith, and to provide Fellow Hunter with such information as may be reasonably requested by Fellow Hunter, 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 Fellow Hunter may reasonably request to assist Fellow Hunter in accomplishing the foregoing. Security Deposits, if required by a Landowner, may be applied to any fees due from a Hunter overstaying at a Listing without the Landowner’s consent. Overstaying without the Landowner’s Consent Hunters agree that a confirmed Booking is merely a license granted by the Landowner to the Hunter to enter and use the Listing for the limited duration of the confirmed Booking and in accordance with the Hunter’s agreement with the Landowner. Hunters further agree to leave the Land no later than the 10:00 PM checkout. If a Hunter stays past the agreed upon checkout time without the Landowner’s consent, they no longer have a license to stay in the Listing and the Landowner is entitled to make the Hunter leave. In addition, Hunters agree that the Landowner can charge the Hunter, for each 24 hour period that the Hunter stays over the agreed period without the Landowner’s consent, an additional nightly fee of two times the average nightly Land Fee originally paid by the Hunter to cover the inconvenience suffered by the Landowner, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Landowner to make the Hunter leave (collectively, “Additional Sums“). Fellow Hunter Payments will collect Additional Sums from Hunters pursuant to the Payments Terms. 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 Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will 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, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content; access or use our Site, Application, Services or the Fellow Hunter API to use, expose, or allow to be used or exposed, any Fellow Hunter Content: (i) that is not publicly displayed by Fellow Hunter in its search results pages or listing pages before a Booking is confirmed; (ii) in any way that is inconsistent with the Fellow Hunter Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of Fellow Hunter’s users or any other third party; use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Fellow Hunter endorsement, partnership or otherwise misleads others as to your affiliation with Fellow Hunter; dilute, tarnish or otherwise harm the Fellow Hunter brand in any way, including through unauthorized use of Collective Content, registering and/or using Fellow Hunter or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Fellow Hunter domains, trademarks, taglines, promotional campaigns or Collective Content; copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms; infringe the rights of Fellow Hunter or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right; interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use our Site, Application 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, Application, Services or Collective Content 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 Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Fellow Hunter Hunter or Landowner; offer, as a Landowner, any Land that you do not yourself own or have permission to Book as a residential or other property (without limiting the foregoing, you will not list Lands as a Landowner if you are serving in the capacity of an agent for a third party); offer, as a Landowner, any Land that may not be Booked pursuant to the terms and conditions of an agreement with a third party; register for more than one Fellow Hunter Account or register for an Fellow Hunter Account on behalf of an individual other than yourself; unless Fellow Hunter explicitly permits otherwise, request or book a stay at any Land if you will not actually be staying at the Land yourself; contact another Member for any purpose other than asking a question related to a Booking, Land, Listing, or the Member’s use of the Site, Application and Services; recruit or otherwise solicit any Landowner or other Member to join third-party services or websites that are competitive to Fellow Hunter, without Fellow Hunter’s prior written approval; recruit or otherwise solicit any Member to join third-party services, applications or websites, without our 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, Application, Services or Collective Content; use the Site, Application, Services or Collective Content to find a Landowner or Hunter and then complete a Booking of an Land independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Fellow Hunter’s provision of the Services or for any other reasons; as a Landowner, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honor; violate these Terms or Fellow Hunter’s then-current Policies and Community Guidelines or Standards; engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services; 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 (directly or by omission or failure to update information) 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, Application 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, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Fellow Hunter’s name, any Fellow Hunter trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Fellow Hunter’s express written consent; access, tamper with, or use non-public areas of the Site, Application or Services, Fellow Hunter’s computer systems, or the technical delivery systems of Fellow Hunter’s providers; attempt to probe, scan, or test the vulnerability of any Fellow Hunter system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Fellow Hunter or any of Fellow Hunter’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content; 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, Services, Application or Collective Content 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, Services, Application or Collective Content; advocate, encourage, or assist any third party in doing any of the foregoing; or accept or make a payment for Land Fees outside Fellow Hunter Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Fellow Hunter harmless from any liability for such payment. Fellow Hunter has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Fellow Hunter may take a range of actions against you, including but not limited to removing or disabling access to any or all of your Member Content or deactivating or canceling your Listing(s) or Fellow Hunter Account, for a violation of this Section or these Terms. Fellow Hunter 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 Fellow Hunter 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 Fellow Hunter Landowner Guarantee, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Fellow Hunter, its users, or members of the public. You acknowledge that Fellow Hunter has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review, remove, disable access to or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Fellow Hunter reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Fellow Hunter, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services. Reporting Misconduct If you as a Landowner or Hunter feel anyone 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 Fellow Hunter by contacting us with your police station and report number; 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. Privacy You agree that Fellow Hunter’s Privacy Policy (as may be updated from time to time) governs Fellow Hunter’s collection and use of your personal information. Intellectual Property Ownership and Rights Notices The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Fellow Hunter and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Fellow Hunter used on or in connection with the Site, Application, Services, and Fellow Hunter Content are trademarks or registered trademarks of Fellow Hunter in the US and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and Fellow Hunter Content are used for identification purposes only and may be the property of their respective owners. As a Landowner, Hunter, or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content, including Fellow Hunter’s Trademark & Branding Guidelines (as may be updated from time to time). Additional Terms Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. For example, additional terms apply if you refer new users to Fellow Hunter (“Referral Program“) or participate in our Home Safety program. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms. Application License Subject to your compliance with these Terms, Fellow Hunter grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any Apple App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Fellow Hunter reserves all rights in the Application not expressly granted to you by these Terms. Fellow Hunter Content and Member Content License Subject to your compliance with these Terms and Fellow Hunter’s Trademark & Branding Guidelines, Fellow Hunter grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Fellow Hunter Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective 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 Fellow Hunter 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, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through Fellow Hunter promotional campaigns, you hereby grant to Fellow Hunter a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, 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, Application and Services. Fellow Hunter 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 acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through Fellow Hunter promotional campaigns. 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, Application, Services or through Fellow Hunter promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Fellow Hunter the rights in such Member 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 Fellow Hunter’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or Fellow Hunter promotional campaigns 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, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Fellow Hunter 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 Fellow Hunter 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. Some portions of the Fellow Hunter platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use. Feedback We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Fellow Hunter and you hereby irrevocably assign to Fellow Hunter and agree to irrevocably assign to Fellow Hunter all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Fellow Hunter’s request and expense, you will execute documents and take such further acts as Fellow Hunter may reasonably request to assist Fellow Hunter to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback. Copyright Policy Fellow Hunter respects copyright law and expects its users to do the same. It is Fellow Hunter’s policy to terminate in appropriate circumstances the Fellow Hunter Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Fellow Hunter’s Copyright Policy for further information. Term and Termination, Suspension and Other Measures Term These Terms shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Fellow Hunter terminate these Terms as described below. Termination for convenience You may terminate these Terms at any time by contacting Fellow Hunter during the pilot program. If you cancel your Fellow Hunter Account as a Landowner, we will cancel any confirmed Bookings and your Hunters will receive a full refund. If you cancel your Fellow Hunter Account as a Hunter, any confirmed Booking will be cancelled and any refund will depend upon the terms of the applicable cancellation policy. Without limiting our rights specified below, Fellow Hunter may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to your registered email address. Termination for breach, suspension and other measures Fellow Hunter may immediately, without notice terminate these Terms if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the “User Conduct” provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Fellow Hunter Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Fellow Hunter believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Fellow Hunter or third parties, for fraud prevention, risk assessment, security or investigation purposes. In addition Fellow Hunter may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed Bookings, limit your use of or access to your Fellow Hunter Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your Fellow Hunter Account, or temporarily or permanently suspend your Fellow Hunter Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Landowners or Hunters, or (ii) Fellow Hunter believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Fellow Hunter or third parties, for fraud prevention, risk assessment, security or investigation purposes. If we take any of the measures described in this Section 24.C, we may (i) communicate to your Hunters or Landowners that a pending or confirmed Booking has been cancelled, (ii) refund your Hunters in full for any and all confirmed Bookings, irrespective of preexisting cancellation policies, (iii) support your Hunters, on an exceptional basis, in finding potential alternative Lands, and (iv) you will not be entitled to any compensation for confirmed Bookings that were cancelled. In case of non-material breaches and where appropriate, you will be given notice of any measure by Fellow Hunter and an opportunity to resolve the issue to Fellow Hunter’s reasonable satisfaction. Consequences If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Fellow Hunter Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your Fellow Hunter Account has been suspended or this Agreement has been terminated by us, you may not register a new Fellow Hunter Account or attempt to access and use the Site, Application and Services through other Fellow Hunter Accounts. Survival If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect. Disclaimers IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT FELLOW HUNTER DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, HUNTERS AND LANDOWNERS. BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS, IN OUR SOLE DISCRETION, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND IF WE HAVE SUFFICIENT INFORMATION TO IDENTIFY A MEMBER. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FELLOW HUNTER EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FELLOW HUNTER MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY LANDS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FELLOW HUNTER MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, LANDS, LANDOWNERS, HUNTERS, YOUR ACCRUAL OF FELLOW HUNTER TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FELLOW HUNTER OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, 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, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY LANDOWNERS OR HUNTERS. YOU UNDERSTAND THAT FELLOW HUNTER DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY LANDS. FELLOW HUNTER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, HUNTERS AND LANDOWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY FELLOW HUNTER. FELLOW HUNTER EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY HUNTER 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, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY LANDS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF FELLOW HUNTER WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER FELLOW HUNTER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM 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, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY LAND VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FELLOW HUNTER 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 LANDOWNERS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE FELLOW HUNTER LANDOWNER GUARANTEE, IN NO EVENT WILL FELLOW HUNTER’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY LAND VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY LAND OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A HUNTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A LANDOWNER, THE AMOUNTS PAID BY FELLOW HUNTER 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 FELLOW HUNTER 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. Indemnification You agree to release, defend, indemnify, and hold Fellow Hunter 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, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Booking of an Land, or (iii) creation of a Listing; (d) the use, condition or Booking of an Land 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 Booking or use of an Land; and (e) your participation in the Referral Program or your accrual of any Fellow Hunter Travel Credits. Export Control and Restricted Countries You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Land 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 will not use the Site, Application 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. Fellow Hunter does not permit Listings associated with certain countries due to U.S. embargo restrictions. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction. Accessing and Downloading the Application from iTunes The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application“): You acknowledge and agree that (i) these Terms are concluded between you and Fellow Hunter only, and not Apple, and (ii) Fellow Hunter, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Fellow Hunter and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Fellow Hunter. You and Fellow Hunter acknowledge that, as between Fellow Hunter and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Fellow Hunter acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Fellow Hunter and Apple, Fellow Hunter, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Fellow Hunter acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application. Entire Agreement Except as they may be supplemented by a document referenced and incorporated herein or by additional Fellow Hunter policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Fellow Hunter and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any Bookings or Listings of Lands made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between Fellow Hunter and you regarding Bookings or listings of Lands, the Site, Application, Services, and Collective Content (excluding Payment Services). Assignment You may not assign or transfer these Terms, by operation of law or otherwise, without Fellow Hunter’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Fellow Hunter 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. Notices Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Fellow Hunter (i) via a Communication (in each case to the address or phone number that you provide) or (ii) by posting to the Site or via the Application. For notices made via a Communication, the date of receipt will be deemed the date on which such notice is transmitted. Controlling Law and Jurisdiction These Terms and your use of the Services will be interpreted in accordance with the laws of the State of Pennsylvania 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 Philadelphia County, Philadelphia, Pennsylvania or a United States District Court, Eastern District of Pennsylvania located in Philadelphia, Pennsylvania 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. Dispute Resolution If you reside in the United States, you and Fellow Hunter agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site, Application or Collective Content (collectively, “Disputes“) will be settled by binding arbitration, except that each party retains 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. You acknowledge and agree that you and Fellow Hunter are each waiving the right to a trial by jury or 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 proceeding. Further, unless both you and Fellow Hunter otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. Arbitration Rules and Governing Law. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_medor by calling the AAA at 1–800–778–7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Pennsylvania and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Arbitration Location and Procedure. Unless you and Fellow Hunter otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Fellow Hunter submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Fellow Hunter will seek any and all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. Changes. Notwithstanding the provisions of the “Modification” section above, if Fellow Hunter changes this “Dispute Resolution” section after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Fellow Hunter’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Fellow Hunter in accordance with the provisions of this “Dispute Resolution” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). General The failure of Fellow Hunter 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 Fellow Hunter. 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. Third party beneficiary These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Contacting Fellow Hunter If you have any questions about these Terms or any App Store Sourced Application, please contact Fellow Hunter. TERMS OF SERVICE IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE: SECTION 34 OF THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH FELLOW HUNTER ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY. PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. IN PARTICULAR, LANDOWNERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE JURISDICTIONS. LANDOWNERS SHOULD REVIEW LOCAL LAWS BEFORE LISTING LAND ON FELLOW HUNTER. Last Updated: July 29, 2017 Key Terms Fellow Hunter provides an online platform that connects landowners who have land to list and book with hunters seeking to book such land (collectively, the “Services“), which Services are accessible at www.FellowHunter.com and any other websites through which Fellow Hunter makes the Services available (collectively, the “Site“) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“). If you are using the Site, Application or Services and you reside in the USA, these Terms of Service are between you and Fellow Hunter, Inc. If you reside outside of the USA these Terms of Service are applicable to you as allowed by local law. Fellow Hunter, Inc. handles any and all payments and payouts conducted through or in connection with the Site, Application or Services (“Payment Services“). Payment Services provided by Fellow Hunter are subject to the Payments Terms of Service (“Payments Terms“). “Land” means residential and commercial property for hunting. “Fellow Hunter Content” means all Content that Fellow Hunter makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content. “Booking” means a limited license granted by the Landowner to the Hunter to enter and use the Listing for the limited duration of the confirmed booking, during which time the Landowner (only where and to the extent permitted by applicable law) retains the right to re-enter the Land, in accordance with the Hunter’s agreement with the Landowner. Please note, as used on the Site, Applications, and Services, “short term hunting lease” and “land lease” have the same meaning as “Booking;” all three terms mean a limited license to enter and use the Land for the duration of the confirmed booking as defined above. “Booking Period” during the pilot program means all bookings will be accepted by the Landowner. “Collective Content” means Member Content and Fellow Hunter Content. “Communication” means an email, message via the Application, text message or telephone. “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. “Hunter” means a Member who requests from a Landowner a Booking of a Listing via the Site, Application or Services, or a Member who stays at an Land and is not the Landowner for the associated Listing. “Landowner” means a Member who creates a Listing or agrees to have their property listed and managed by Fellow Hunter during the pilot program via the Site, Application and Services. “Listing” means a Land that is listed by a Landowner or Fellow Hunter as available for Booking via the Site, Application, and Services. “Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Fellow Hunter promotional campaign to be made available through the Site, Application or Services. “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, Land or lodging taxes, fees (such as convention center fees) that Land 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. Terms of Service By using the Site, Application or Services, 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 access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and Fellow Hunter. Please also read carefully our Privacy Policy at www.FellowHunter.com/terms/privacy_policy. In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties. THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH LANDOWNERS MAY CREATE LISTINGS FOR LANDS AND HUNTERS MAY LEARN ABOUT AND BOOK LANDS DIRECTLY WITH THE LANDOWNERS. YOU UNDERSTAND AND AGREE THAT FELLOW HUNTER IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN LANDOWNERS AND HUNTERS, NOR IS FELLOW HUNTER A REAL ESTATE BROKER, AGENT OR INSURER. FELLOW HUNTER HAS NO CONTROL OVER THE CONDUCT OF LANDOWNERS, HUNTERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY LANDS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU CHOOSE TO CREATE A LISTING ON FELLOW HUNTER, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH FELLOW HUNTER IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF FELLOW HUNTER FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF FELLOW HUNTER. FELLOW HUNTER DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF FELLOW HUNTER, INCLUDING BY INAPPROPRIATELY USING ANY FELLOW HUNTER INTELLECTUAL PROPERTY. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES (INCLUDING, WHERE APPLICABLE, PROGRAMS SUCH AS THE LANDOWNER PROTECTION INSURANCE PROGRAM, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity. Modification Fellow Hunter reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. If you do not close your Fellow Hunter Account you will be deemed to have accepted the changes. Eligibility The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older. For users in the United States, Fellow Hunter will, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. For users outside the United States, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from Fellow Hunter’s vendors. How the Site, Application and Services Work The Site, Application and Services can be used to facilitate the listing and Booking of Lands. Such Lands are included in Listings on the Site, Application and Services by Landowners. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Land or create a Listing, you must first contract Fellow Hunter to book Land. As stated above, Fellow Hunter makes available an online platform or marketplace with related technology for Hunters and Landowners to meet online and arrange for Bookings of Lands directly with each other. Fellow Hunter is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Lands, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Lands and Fellow Hunter does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Lands or transportation or travel services. Unless explicitly specified otherwise in the Fellow Hunter platform, Fellow Hunter’s responsibilities are limited to facilitating the availability of the Site, Application and Services. PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE LANDOWNERS AND HUNTERS CONNECTING AND BOOKING LANDS DIRECTLY WITH EACH OTHER. FELLOW HUNTER CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY LANDS. FELLOW HUNTER IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND LANDS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK. Land Listings As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Land to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Land and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Lands must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Hunter and Landowner preferences, ratings and/or ease of Booking. Other Users will be able to book your Land via the Site, Application and Services based upon the information provided in your Listing, your Hunter requirements, and Hunters’ search parameters and preferences. You understand and agree that once a Hunter requests a Booking of your Land, you may not request the Hunter to pay a higher price than in the Booking request. You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the Booking of, or a Hunter’s stay at, an Land in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other third party agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Land included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Fellow Hunter assumes no responsibility for a Landowner’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Fellow Hunter reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Fellow Hunter, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Fellow Hunter’s then-current Policies and Community Guidelines or Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services. If you are a Landowner, you understand and agree that Fellow Hunter does not act as an insurer or as your contracting agent. If a Hunter requests a Booking of your Land and stays at your Land, any agreement you enter into with such Hunter is between you and the Hunter and Fellow Hunter is not a party to it. When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a Booking of your Land, such as requiring Members to have a profile picture or verified phone number, in order to book your Land. Any Member wishing to book Lands included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Landownering” section of the Site, Application and Services. You acknowledge and agree that, as a Landowner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Land at your request or invitation, excluding the Hunter (and the individuals the Hunter invites to the Land, if applicable.) Fellow Hunter recommends that Landowners obtain appropriate insurance for their Lands. Please review any insurance policy that you may have for your Land 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 or relating to Hunters (and the individuals the Hunter invites to the Land, if applicable) while at your Land. Please also review such policy for any interaction with the Fellow Hunter Landowner Protection Insurance Program, to the extent provided in your jurisdiction. Fellow Hunter may offer Landowners the option of having photographers take photographs of their Lands. If you as a Landowner choose to have photographer do this, Fellow Hunter shall own all copyrights in photographs taken but these photographs will be made available to you to include in your Listing with a watermark or tag bearing the words “FellowHunter.com Verified Photo” or similar wording (“Verified Images“). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images for your Listing and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing or if you cease to be a Landowner for the Listing featured. All images, materials and content created by these photographers, including Verified Images, constitute Fellow Hunter Content, regardless of whether you include them in your Listing and you agree not to use them except in your Listing without prior authorization from Fellow Hunter. If your Fellow Hunter Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that Fellow Hunter retains its right to and may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation. No Endorsement Fellow Hunter does not endorse any Member, Listing or Land. You understand that Verified Images are intended only to indicate a photographic representation of the Land at the time the photograph was taken. Verified Images are therefore not an endorsement by Fellow Hunter of any Member, Listing or Land. Members are required by these Terms to provide accurate information. Although Fellow Hunter may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background. By registering for an Fellow Hunter Account, you agree that Fellow Hunter may - but is not obligated to - request a consumer report on you from a Consumer Reporting Agency. If we do request a consumer report, we’ll request and use it in compliance with applicable law, including the Fair Credit Reporting Act. Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Fellow Hunter about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Landowner or to accept or preapprove a Booking request from a Hunter, or to have any other interaction with any other Member. Except as provided in the Fellow Hunter Landowner Guarantee Terms and Conditions (“Fellow Hunter Landowner Guarantee“), which is an agreement between Fellow Hunter and Landowners, we are not responsible for any damage or harm resulting from your interactions with other Members. By using the Site, Application 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 Fellow Hunter with respect to such actions or omissions. Bookings and Financial Terms Key definitions “Hunter Fees” means the fee that Fellow Hunter charges a Hunter for the use of the Services, which is calculated as a percentage of the applicable Land Fees. The Hunter Fees will be displayed to the Hunter when the Hunter is asked whether to send a Booking request to a Landowner. “Landowner Fees” means the fee that Fellow Hunter charges a Landowner for the use of the Services. “Payment Method” means a payment method that you have added to your Fellow Hunter Account, such as a credit card, debit card or PayPal. “Service Fees” means collectively the Hunter Fees and the Landowner Fees. “Total Fees” means collectively the Land Fees and the Hunter Fees plus any Taxes. Bookings and Financial Terms for Landowners If you are a Landowner and a Booking is requested for your Land you will be required to accept the booking made by Fellow Hunter. Fellow Hunter Payments will collect the Total Fees from Hunters at the time of the Booking request or upon the Landowner’s confirmation and will initiate payment of the Land Fees (less applicable fees and taxes) to the Landowner at the time and as further described in the Payments Terms. Each Landowner agrees that Fellow Hunter may, in accordance with the cancellation policy selected by the Landowner and reflected in the relevant Listing, (i) permit the Hunter to cancel the Booking and (ii) refund (via Fellow Hunter Payments) to the Hunter that portion of the Land Fees specified in the applicable cancellation policy. Bookings and Financial Terms for Hunters The Landowners, not Fellow Hunter, are solely responsible for honoring any confirmed Bookings and making available any Lands reserved through the Site, Application and Services. If you, as a Hunter, choose to enter into a transaction with a Landowner for the Booking of an Land, you agree and understand that you will be required to enter into an agreement with the Landowner and you agree to accept any terms, conditions, rules and restrictions associated with such Land imposed by the Landowner. You acknowledge and agree that you, and not Fellow Hunter, will be responsible for performing the obligations of any such agreements, that Fellow Hunter is not a party to such agreements, and that, with the exception of Fellow Hunter Payments’ obligations pursuant to the Payments Terms, Fellow Hunter (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements. The Total Fees payable will be displayed to a Hunter before the Hunter sends a Booking request to Fellow Hunter As noted above, the Landowner is required to confirm all Booking request within the pilot program for the Fall of 2017. Upon receipt of your Booking request, Fellow Hunter Payments may initiate a pre-authorization and/or charge a nominal amount to your Payment Method pursuant to the Payments Terms. If a requested Booking is cancelled (i.e. not confirmed by the applicable Landowner), any amounts collected by Fellow Hunter Payments will be refunded to such Hunter, depending on the selections the Hunter makes via the Site and Application, and any pre-authorization of such Hunter’s Payment Method will be released, if applicable. You as a Hunter agree to pay the Total Fees for any Booking requested, and in most cases confirmed, in connection with your Fellow Hunter Account or Accepted Guest Checkout Booking. Fellow Hunter Payments will collect the Total Fees pursuant to the Payments Terms. Once your confirmed Booking transaction is complete you will receive a confirmation Communication summarizing your confirmed Booking. Service Fees and Other Fees In consideration for the use of Fellow Hunter’s online marketplace and platform, Fellow Hunter charges Service Fees. Fellow Hunter Payments collects these Service Fees pursuant to the Payments Terms, and, where applicable, may also collect Taxes (such as VAT in Europe) in respect of the Landowner Fees and Hunter Fees. Fellow Hunter Payments deducts the Landowner Fees from the Land Fees before remitting the balance to the Landowner as described in the Payments Terms. Hunter Fees are, as noted above, included in the Total Fees. Applicable Hunter Fees, as well as Taxes collected by Fellow Hunter, will be shown to Hunters via the Site and Application at checkout, prior to their submission of a Booking request. And, Fellow Hunter will disclose applicable Landowner Fees to Landowners via the Site and Application. More information on Services Fees can be found at the Fellow Hunter Help Center. General Booking and Financial Terms Cancellations and Refunds If, as a Hunter, you wish to cancel a confirmed Booking made via the Site, Application and Services, either prior to or after arriving at the Land, the cancellation policy of the Landowner contained in the applicable Listing will apply to such cancellation. Our ability to refund the Land Fees, Hunter Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Hunter Fee is non-refundable unless otherwise indicated in the cancellation policy selected by the Landowner. Fellow Hunter Payments will initiate any refunds due pursuant to the Payments Terms. If a Landowner cancels a confirmed Booking made via the Site, Services, and Application, (i) Fellow Hunter Payments will refund the Total Fees for such Booking to the applicable Hunter pursuant to the Payments Terms and (ii) the Hunter may receive a Communication from Fellow Hunter containing alternative Listings and other related information. If the Hunter requests a Booking from one of the alternative Listings and the Landowner associated with such alternative Listing confirms the Hunter’s requested Booking, then the Hunter agrees to pay Fellow Hunter the Total Fees relating to the confirmed Booking for the Land in the alternative Listing, in accordance with these Terms. If a Landowner cancelled a confirmed Booking and you, as a Hunter, have not received a Communication from Fellow Hunter, please contact Fellow Hunter. If, as a Landowner, you cancel a confirmed Booking, you agree that Fellow Hunter may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a Booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled Booking, or (iii) imposing a cancellation fee. You will be notified of the situations in which a cancellation fee applies before you decide to cancel. In certain circumstances, Fellow Hunter may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Booking made via the Site, Application and Services. This may be for reasons set forth in Fellow Hunter’s Extenuating Circumstances Policy or for any other reason. Fellow Hunter may also determine, in its sole discretion, to refund to the Hunter part or all of the amounts charged to the Hunter in accordance with the Hunter Refund Policy or in connection with a cancellation under Fellow Hunter’s Extenuating Circumstances Policy. You agree that Fellow Hunter and the relevant Hunter or Landowner will not have any liability for such cancellations or refunds. Disputes Members may contact Fellow Hunter at contract@fellowhunter.com for any dispute arising from a booking including request money for refunds, services or damages related to their Bookings. You agree to pay all amounts sent through the in connection with your Fellow Hunter Account, and Fellow Hunter Payments will handle all such payments pursuant to the Payments Terms. When a Member agrees to provide services to another Member to resolve a dispute, both parties acknowledge and agree that they, and not Fellow Hunter, will be responsible for performing their respective obligations of any such agreements, that Fellow Hunter is not a party to such agreements, and that, with the exception of Fellow Hunter Payments’ obligations pursuant to the Payments Terms, Fellow Hunter (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements and the services or amenities provided. Rounding Off Fellow Hunter may, in its sole discretion, round up or round down amounts that are payable from or to Hunters or Landowners to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Fellow Hunter will round up an amount of 102.00, and 101.00. Some currencies are denominated in large numbers. In those cases, Fellow Hunter may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Fellow Hunter to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000. Booking Modifications You as a Hunter or Landowner are responsible for any modifications to a Booking that you direct Fellow Hunter Customer Service to make (“Booking Modifications“), and you agree to pay any Land Fees, Hunter Fees, Landowners Fees, Services Fees, and/or Taxes associated with such Booking Modifications. Taxes Tax regulations may require us to collect appropriate tax information from our Landowners, or to withhold taxes from payouts to Landowners, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W–9 from certain US Landowners, and an appropriate IRS Form W–8 (e.g. Form W–8BEN) from non-US landowners with at least one Listing in the US. You as a Landowner are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Landowner fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you (e.g. where you are a US Landowner and you fail to provide us with a completed IRS Form W–9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both. You as a Landowner understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Fellow Hunter cannot and does not offer Tax-related advice to any Members. Where applicable, or based upon request from a Landowner, Fellow Hunter may issue a valid VAT invoice to such Landowner. You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority“) where your Land is located may require Taxes to be collected from Hunters or Landowners on the amount paid for the right to use and/or occupancy of Lands, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Land Fees set by Landowners, a set amount per day, or other variations, and are sometimes called “occupancy taxes,” “hotel taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,” “room taxes” or “tourist taxes” (hereafter, “Occupancy Taxes“). Damage to Lands and Security Deposits As a Hunter, you are responsible for leaving the Land (including any personal or other property located at an Land) in the condition it was in when you arrived. You acknowledge and agree that, as a Hunter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Land. In the event that a Landowner claims otherwise and provides evidence of damage (“Damage Claim“), including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. Landowners may choose to include security deposits in their Listings (“Security Deposits“). Each Listing will describe whether a Security Deposit is required for the applicable Land. Fellow Hunter will use commercially reasonable efforts to address Landowners’ requests and claims related to Security Deposits, but Fellow Hunter is not responsible for administering or accepting any Damage Claims by Landowners related to Security Deposits, and disclaims any and all liability in this regard. If a Landowner has a Damage Claim for a confirmed Booking, the Landowner can seek payment from the Hunter by contacting Fellow Hunter at contact@fellowhunter.com. The Landowner may escalate the Damage Claim to Fellow Hunter if the Landowner and Hunter are unable to resolve a Damage Claim through the Resolution Center, or immediately in certain circumstances. If a Landowner escalates a Damage Claim to Fellow Hunter, you as a Hunter will be notified of the Damage Claim and given an opportunity to respond. If you as a Hunter agree to pay the Landowner in connection with a Damage Claim, or if Fellow Hunter determines, in its sole discretion, that you are responsible for damaging an Land or any personal or other property located at an Land, Fellow Hunter (via Fellow Hunter Payments) will collect any such costs from you and/or against the Security Deposit in accordance with the Payments Terms. Fellow Hunter also reserves the right to otherwise collect payment from you and pursue any avenues available to Fellow Hunter in this regard in situations in which you have been determined, in Fellow Hunter’s sole discretion, to have damaged any Land or any personal or other property located at an Land. Both Hunters and Landowners agree to cooperate with and assist Fellow Hunter in good faith, and to provide Fellow Hunter with such information and take such actions as may be reasonably requested by Fellow Hunter, in connection with any Damage Claims or other complaints or claims made by Members relating to Lands or any personal or other property located at an Land (including, without limitation, payment requests made under the Fellow Hunter Landowner Guarantee) or with respect to any investigation undertaken by Fellow Hunter or a representative of Fellow Hunter regarding use or abuse of the Site, Application or the Services. If you are a Hunter, upon Fellow Hunter’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 Landowner, at no cost to you, which process will be conducted by Fellow Hunter or a third party selected by Fellow Hunter or its insurer, with respect to losses for which the Landowner is requesting payment from Fellow Hunter under the Fellow Hunter Landowner Guarantee. If you are a Hunter, you understand and agree that Fellow Hunter may make a claim under your 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 Land or any personal or other property located at an Land (including without limitation amounts paid by Fellow Hunter under the Fellow Hunter Landowner Guarantee). You agree to cooperate with and assist Fellow Hunter in good faith, and to provide Fellow Hunter with such information as may be reasonably requested by Fellow Hunter, 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 Fellow Hunter may reasonably request to assist Fellow Hunter in accomplishing the foregoing. Security Deposits, if required by a Landowner, may be applied to any fees due from a Hunter overstaying at a Listing without the Landowner’s consent. Overstaying without the Landowner’s Consent Hunters agree that a confirmed Booking is merely a license granted by the Landowner to the Hunter to enter and use the Listing for the limited duration of the confirmed Booking and in accordance with the Hunter’s agreement with the Landowner. Hunters further agree to leave the Land no later than the 10:00 PM checkout. If a Hunter stays past the agreed upon checkout time without the Landowner’s consent, they no longer have a license to stay in the Listing and the Landowner is entitled to make the Hunter leave. In addition, Hunters agree that the Landowner can charge the Hunter, for each 24 hour period that the Hunter stays over the agreed period without the Landowner’s consent, an additional nightly fee of two times the average nightly Land Fee originally paid by the Hunter to cover the inconvenience suffered by the Landowner, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Landowner to make the Hunter leave (collectively, “Additional Sums“). Fellow Hunter Payments will collect Additional Sums from Hunters pursuant to the Payments Terms. 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 Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will 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, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content; access or use our Site, Application, Services or the Fellow Hunter API to use, expose, or allow to be used or exposed, any Fellow Hunter Content: (i) that is not publicly displayed by Fellow Hunter in its search results pages or listing pages before a Booking is confirmed; (ii) in any way that is inconsistent with the Fellow Hunter Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of Fellow Hunter’s users or any other third party; use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Fellow Hunter endorsement, partnership or otherwise misleads others as to your affiliation with Fellow Hunter; dilute, tarnish or otherwise harm the Fellow Hunter brand in any way, including through unauthorized use of Collective Content, registering and/or using Fellow Hunter or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Fellow Hunter domains, trademarks, taglines, promotional campaigns or Collective Content; copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms; infringe the rights of Fellow Hunter or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right; interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use our Site, Application 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, Application, Services or Collective Content 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 Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Fellow Hunter Hunter or Landowner; offer, as a Landowner, any Land that you do not yourself own or have permission to Book as a residential or other property (without limiting the foregoing, you will not list Lands as a Landowner if you are serving in the capacity of an agent for a third party); offer, as a Landowner, any Land that may not be Booked pursuant to the terms and conditions of an agreement with a third party; register for more than one Fellow Hunter Account or register for an Fellow Hunter Account on behalf of an individual other than yourself; unless Fellow Hunter explicitly permits otherwise, request or book a stay at any Land if you will not actually be staying at the Land yourself; contact another Member for any purpose other than asking a question related to a Booking, Land, Listing, or the Member’s use of the Site, Application and Services; recruit or otherwise solicit any Landowner or other Member to join third-party services or websites that are competitive to Fellow Hunter, without Fellow Hunter’s prior written approval; recruit or otherwise solicit any Member to join third-party services, applications or websites, without our 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, Application, Services or Collective Content; use the Site, Application, Services or Collective Content to find a Landowner or Hunter and then complete a Booking of an Land independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Fellow Hunter’s provision of the Services or for any other reasons; as a Landowner, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honor; violate these Terms or Fellow Hunter’s then-current Policies and Community Guidelines or Standards; engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services; 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 (directly or by omission or failure to update information) 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, Application 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, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Fellow Hunter’s name, any Fellow Hunter trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Fellow Hunter’s express written consent; access, tamper with, or use non-public areas of the Site, Application or Services, Fellow Hunter’s computer systems, or the technical delivery systems of Fellow Hunter’s providers; attempt to probe, scan, or test the vulnerability of any Fellow Hunter system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Fellow Hunter or any of Fellow Hunter’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content; 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, Services, Application or Collective Content 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, Services, Application or Collective Content; advocate, encourage, or assist any third party in doing any of the foregoing; or accept or make a payment for Land Fees outside Fellow Hunter Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Fellow Hunter harmless from any liability for such payment. Fellow Hunter has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Fellow Hunter may take a range of actions against you, including but not limited to removing or disabling access to any or all of your Member Content or deactivating or canceling your Listing(s) or Fellow Hunter Account, for a violation of this Section or these Terms. Fellow Hunter 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 Fellow Hunter 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 Fellow Hunter Landowner Guarantee, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Fellow Hunter, its users, or members of the public. You acknowledge that Fellow Hunter has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review, remove, disable access to or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Fellow Hunter reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Fellow Hunter, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services. Reporting Misconduct If you as a Landowner or Hunter feel anyone 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 Fellow Hunter by contacting us with your police station and report number; 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. Privacy You agree that Fellow Hunter’s Privacy Policy (as may be updated from time to time) governs Fellow Hunter’s collection and use of your personal information. Intellectual Property Ownership and Rights Notices The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Fellow Hunter and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Fellow Hunter used on or in connection with the Site, Application, Services, and Fellow Hunter Content are trademarks or registered trademarks of Fellow Hunter in the US and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and Fellow Hunter Content are used for identification purposes only and may be the property of their respective owners. As a Landowner, Hunter, or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content, including Fellow Hunter’s Trademark & Branding Guidelines (as may be updated from time to time). Additional Terms Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. For example, additional terms apply if you refer new users to Fellow Hunter (“Referral Program“) or participate in our Home Safety program. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms. Application License Subject to your compliance with these Terms, Fellow Hunter grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any Apple App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Fellow Hunter reserves all rights in the Application not expressly granted to you by these Terms. Fellow Hunter Content and Member Content License Subject to your compliance with these Terms and Fellow Hunter’s Trademark & Branding Guidelines, Fellow Hunter grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Fellow Hunter Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective 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 Fellow Hunter 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, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through Fellow Hunter promotional campaigns, you hereby grant to Fellow Hunter a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, 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, Application and Services. Fellow Hunter 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 acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through Fellow Hunter promotional campaigns. 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, Application, Services or through Fellow Hunter promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Fellow Hunter the rights in such Member 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 Fellow Hunter’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or Fellow Hunter promotional campaigns 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, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Fellow Hunter 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 Fellow Hunter 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. Some portions of the Fellow Hunter platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use. Feedback We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Fellow Hunter and you hereby irrevocably assign to Fellow Hunter and agree to irrevocably assign to Fellow Hunter all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Fellow Hunter’s request and expense, you will execute documents and take such further acts as Fellow Hunter may reasonably request to assist Fellow Hunter to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback. Copyright Policy Fellow Hunter respects copyright law and expects its users to do the same. It is Fellow Hunter’s policy to terminate in appropriate circumstances the Fellow Hunter Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Fellow Hunter’s Copyright Policy for further information. Term and Termination, Suspension and Other Measures Term These Terms shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Fellow Hunter terminate these Terms as described below. Termination for convenience You may terminate these Terms at any time by contacting Fellow Hunter during the pilot program. If you cancel your Fellow Hunter Account as a Landowner, we will cancel any confirmed Bookings and your Hunters will receive a full refund. If you cancel your Fellow Hunter Account as a Hunter, any confirmed Booking will be cancelled and any refund will depend upon the terms of the applicable cancellation policy. Without limiting our rights specified below, Fellow Hunter may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to your registered email address. Termination for breach, suspension and other measures Fellow Hunter may immediately, without notice terminate these Terms if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the “User Conduct” provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Fellow Hunter Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Fellow Hunter believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Fellow Hunter or third parties, for fraud prevention, risk assessment, security or investigation purposes. In addition Fellow Hunter may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed Bookings, limit your use of or access to your Fellow Hunter Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your Fellow Hunter Account, or temporarily or permanently suspend your Fellow Hunter Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Landowners or Hunters, or (ii) Fellow Hunter believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Fellow Hunter or third parties, for fraud prevention, risk assessment, security or investigation purposes. If we take any of the measures described in this Section 24.C, we may (i) communicate to your Hunters or Landowners that a pending or confirmed Booking has been cancelled, (ii) refund your Hunters in full for any and all confirmed Bookings, irrespective of preexisting cancellation policies, (iii) support your Hunters, on an exceptional basis, in finding potential alternative Lands, and (iv) you will not be entitled to any compensation for confirmed Bookings that were cancelled. In case of non-material breaches and where appropriate, you will be given notice of any measure by Fellow Hunter and an opportunity to resolve the issue to Fellow Hunter’s reasonable satisfaction. Consequences If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Fellow Hunter Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your Fellow Hunter Account has been suspended or this Agreement has been terminated by us, you may not register a new Fellow Hunter Account or attempt to access and use the Site, Application and Services through other Fellow Hunter Accounts. Survival If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect. Disclaimers IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT FELLOW HUNTER DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, HUNTERS AND LANDOWNERS. BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS, IN OUR SOLE DISCRETION, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND IF WE HAVE SUFFICIENT INFORMATION TO IDENTIFY A MEMBER. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FELLOW HUNTER EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FELLOW HUNTER MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY LANDS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FELLOW HUNTER MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, LANDS, LANDOWNERS, HUNTERS, YOUR ACCRUAL OF FELLOW HUNTER TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FELLOW HUNTER OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, 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, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY LANDOWNERS OR HUNTERS. YOU UNDERSTAND THAT FELLOW HUNTER DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY LANDS. FELLOW HUNTER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, HUNTERS AND LANDOWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY FELLOW HUNTER. FELLOW HUNTER EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY HUNTER 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, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY LANDS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF FELLOW HUNTER WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER FELLOW HUNTER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM 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, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY LAND VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FELLOW HUNTER 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 LANDOWNERS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE FELLOW HUNTER LANDOWNER GUARANTEE, IN NO EVENT WILL FELLOW HUNTER’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY LAND VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY LAND OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A HUNTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A LANDOWNER, THE AMOUNTS PAID BY FELLOW HUNTER 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 FELLOW HUNTER 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. Indemnification You agree to release, defend, indemnify, and hold Fellow Hunter 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, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Booking of an Land, or (iii) creation of a Listing; (d) the use, condition or Booking of an Land 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 Booking or use of an Land; and (e) your participation in the Referral Program or your accrual of any Fellow Hunter Travel Credits. Export Control and Restricted Countries You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Land 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 will not use the Site, Application 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. Fellow Hunter does not permit Listings associated with certain countries due to U.S. embargo restrictions. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction. Accessing and Downloading the Application from iTunes The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application“): You acknowledge and agree that (i) these Terms are concluded between you and Fellow Hunter only, and not Apple, and (ii) Fellow Hunter, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Fellow Hunter and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Fellow Hunter. You and Fellow Hunter acknowledge that, as between Fellow Hunter and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Fellow Hunter acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Fellow Hunter and Apple, Fellow Hunter, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Fellow Hunter acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application. Entire Agreement Except as they may be supplemented by a document referenced and incorporated herein or by additional Fellow Hunter policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Fellow Hunter and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any Bookings or Listings of Lands made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between Fellow Hunter and you regarding Bookings or listings of Lands, the Site, Application, Services, and Collective Content (excluding Payment Services). Assignment You may not assign or transfer these Terms, by operation of law or otherwise, without Fellow Hunter’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Fellow Hunter 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. Notices Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Fellow Hunter (i) via a Communication (in each case to the address or phone number that you provide) or (ii) by posting to the Site or via the Application. For notices made via a Communication, the date of receipt will be deemed the date on which such notice is transmitted. Controlling Law and Jurisdiction These Terms and your use of the Services will be interpreted in accordance with the laws of the State of Pennsylvania 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 Philadelphia County, Philadelphia, Pennsylvania or a United States District Court, Eastern District of Pennsylvania located in Philadelphia, Pennsylvania 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. Dispute Resolution If you reside in the United States, you and Fellow Hunter agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site, Application or Collective Content (collectively, “Disputes“) will be settled by binding arbitration, except that each party retains 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. You acknowledge and agree that you and Fellow Hunter are each waiving the right to a trial by jury or 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 proceeding. Further, unless both you and Fellow Hunter otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. Arbitration Rules and Governing Law. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_medor by calling the AAA at 1–800–778–7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Pennsylvania and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Arbitration Location and Procedure. Unless you and Fellow Hunter otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Fellow Hunter submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Fellow Hunter will seek any and all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. Changes. Notwithstanding the provisions of the “Modification” section above, if Fellow Hunter changes this “Dispute Resolution” section after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Fellow Hunter’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Fellow Hunter in accordance with the provisions of this “Dispute Resolution” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). General The failure of Fellow Hunter 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 Fellow Hunter. 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. Third party beneficiary These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Contacting Fellow Hunter If you have any questions about these Terms or any App Store Sourced Application, please contact Fellow Hunter.

PRIVACY POLICY

Last Updated: August 1, 2017 FELLOW HUNTER PRIVACY POLICY Fellow Hunter (hereinafter referred to as “Fellow Hunter”, “we”, “us” or “our”) operates a platform and community marketplace that helps people form offline experiences and relationships directly with one another, where they can create, list, discover and book unique Lands around the world, whether through our website or our mobile applications (“Platform”). Fellow Hunter refers to Fellow Hunter, Inc. if you reside or use Platform in the USA. Fellow Hunter Payments, Inc. (“Fellow Hunter Payments”) is a subsidiary of Fellow Hunter, Inc. that processes payments for Hunters and Landowners that use a Payment Method or Payout Method issued in the USA. This Privacy Policy is intended to inform you about how we treat Personal Information that we process about you. If you do not agree to any part of this Privacy Policy, then we cannot provide the Platform or Services to you, and you should stop accessing the Platform, request the removal of all of your listings, and deactivate your Fellow Hunter Account. You can find out more about how to deactivate your Fellow Hunter Account or delete your listing at www.FellowHunter.com/help. DEFINITIONS Where the definition of a term does not appear in this Privacy Policy (such as “Listing”, “Land”, “Content,” “Services” etc.), it shall be given its definition as outlined in our Terms of Service. “Affiliates” means companies related by common ownership or control. They can be financial and non-financial companies. “Aggregated Information” means information about all of our users or specific groups or categories of users that we combine together so that it no longer identifies or references an individual user. “Data Controller” means Fellow Hunter, the company responsible for the use and processing of Personal Information. “Third Parties” means companies or persons not related by common ownership or control (i.e. non-affiliates) or other unrelated individuals. Third Parties can be financial and non-financial companies, or persons other than you and Fellow Hunter. “Personal Information” means information (which may include sensitive information) relating to a living individual who is or can be identified either from that information or from that information in conjunction with other information that is in, or is likely to come into, the possession of the Data Controller. WHAT TYPES OF INFORMATION DOES FELLOW HUNTER GATHER ABOUT ITS USERS? Information that you give us We receive, store and process information, including Personal Information, that you make available to us when accessing or using our Platform and Services. Examples include when you: fill in any form on the Platform, such as when you register or update the details of your user account, or when you supply ID and other verification information; access or use the Platform, such as to search for or post Lands, make or accept bookings, pay for Lands, book or pay for any associated services that may be available (such as but not limited to cleaning), post comments or reviews, or communicate with other users; link your account on a Third-Party site (e.g. Facebook) to your Fellow Hunter Account, in which case we will obtain the Personal Information that you have provided to the Third-Party site, to the extent allowed by your settings with the Third-Party site and authorized by you; communicate with Fellow Hunter; and share information with another Member. Information we get from your use of our Platform We also receive, store and process information, possibly including Personal Information, when you access or use our Platform and Services, including but not limited to: Mobile Data When you use certain features of the Platform, in particular our mobile applications we may receive, store and process different types of information about your location, including general information (e.g. IP address, zip code) and more specific information (e.g. GPS-based functionality on mobile devices used to access the Platform or specific features of the platform). If you access the Platform through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details. Contact Information You may use your contact information, such as your email address, phone number or WeChat account ID to create or customize your account or to enable certain account features, for example, for login verification. If you provide us with your email address, phone number or WeChat account ID, you agree to receive emails to that email address, text messages to that phone number or messages to that WeChat account, as the case may be. We may use your contact information to send you information about our Platform and Services, to market to you, and to help prevent spam, fraud, or abuse. Log Data We may also receive, store and process Log Data, which is information that is automatically recorded by our servers whenever you access or use the Platform, regardless of whether you are registered with Fellow Hunter or logged in to your Fellow Hunter Account, such as your IP Address, the date and time you access or use the Platform, the hardware and software you are using, referring and exit pages and URLs, the number of clicks, device event information, pages viewed and the order of those pages, and the amount of time spent on particular pages. Cookies and other Tracking Technologies Fellow Hunter uses cookies and other similar technologies, such as mobile application and other device identifiers, on the Platform. We may also allow our business partners to use their cookies and other tracking technologies on the Platform. As a result, when you access or use the Platform, you will provide or make available certain information to us and to our business partners. While you may disable the usage of cookies through your browser settings, we do not change our practices in response to a “Do Not Track” signal in the HTTP header from your browser or mobile application. We track your activities if you click on advertisements for Fellow Hunter services on Third-Party platforms such as search engines and social networks, and may use analytics to track what you do in response to those advertisements. We may, either directly or through Third Parties we engage to provide services to us, also continue to track your behavior on our own Platform for purposes of our own customer support, analytics, research, product development, fraud prevention, risk assessment, regulatory compliance, investigation, as well as to enable you to use and access the Platform and pay for your activities on the Platform. We may also, either directly or through Third-Parties we engage to provide services to us, track your behavior on our own Platform to market and advertise our services to you on the Platform and Third-Party websites. Third Parties that use cookies and other tracking technologies to deliver targeted advertisements on our Platform and/or Third-Party websites may offer you a way to prevent such targeted advertisements by opting-out at the websites of industry groups such as the Network Advertising Initiative and/or the Digital Advertising Alliance. You may also be able to control advertising cookies provided by publishers, for example Google’s Ad Preference Manager. Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising on or about the Platform – it just will not be tailored to your interests. In addition, if you disable cookies, you may lose some of the features and functionality of using our Platform, Application and Services, as cookies are necessary to track and enhance your use and access. Third Parties may not collect information about users’ online activities on the Platform except as described in this policy and our Cookie Policy. Third-Party social plugins Our Platform may use social plugins which are provided and operated by Third-Parties, such as Facebook’s Like Button. As a result of this, you may send to the Third-Party the information that you are viewing on a certain part of our Platform. If you are not logged into your account with the Third-Party, then the Third Party may not know your identity. If you are logged into your account with the Third Party, then the Third Party may be able to link information about your visit to our Platform to your account with them. Similarly, your interactions with the social plugin may be recorded by the Third Party. Please refer to the Third Party’s privacy policy to find out more about its data practices, such as what data is collected about you and how the Third Party uses such data. HOW FELLOW HUNTER USES AND PROCESSES THE INFORMATION THAT YOU PROVIDE OR MAKE AVAILABLE We use, store and process information about you for the following general purposes: to enable you to access and use the Platform; to enable you to communicate with other Members, including but not limited to by sending them messages or other information during the Booking process; to operate, protect, improve and optimize the Platform, Fellow Hunter’s business, and our users’ experience, such as to perform analytics, conduct research, personalize or otherwise customize your experience, and to provide customer service; to help create and maintain a trusted and safer environment on the Platform and Services, such as detection and prevention of actual and potential fraud and other harmful activity, conducting investigations and risk assessments, enforcing our Terms and policies, verifying the address of your listings, verifying any identifications provided by you (including by comparing the photo on that identification to another photo you provide to us), and conducting checks against databases and information sources (such as but not limited to public government databases) for fraud detection and prevention, risk assessment and harm prevention purposes. In this regard, we may do any or all of the foregoing with or without further notifying you; to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you; to send you marketing, advertising, and promotional messages and other information that may be of interest to you, including information about Fellow Hunter, our services, or general promotions for partner campaigns and services. to administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Fellow Hunter or our Third Party business partners; and to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with Third Parties. How Fellow Hunter Uses and Processes User Communications We may, either directly or through Third-Parties we engage to provide services to us, review, scan, or analyze your communications with other users exchanged via the Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research and customer support purposes. For example, as part of our fraud prevention efforts, the Platform may scan and analyze messages and attachments to mask contact information and references to other websites. This helps to prevent fraudulent actors from asking Hunters to send them money outside of the Platform, such as by bank transfer or other money transfer methods. We may also scan, review or analyze messages for research and product development purposes to help make search, booking and user communications more efficient and effective, as well as to debug, improve and expand product offerings. We will not review, scan, or analyze your communications for sending Third-Party marketing messages to you. We will also not sell these reviews or analyses of communications to Third Parties. We will also use automated methods to carry out these reviews or analyses where reasonably possible. However, from time to time we may have to manually review some communications. By using the Platform, you consent that Fellow Hunter, in its sole discretion, may, either directly or through Third-Parties we engage to provide services to us, review, scan, analyze, and store your communications, whether done manually or through automated means. WHEN FELLOW HUNTER DISCLOSES OR SHARES YOUR PERSONAL INFORMATION, AND TO WHOM IMPORTANT: When you use the Platform, your data may be sent to the United States and possibly other countries in accordance with this Privacy Policy. We may transfer, store, use and process your information, including any Personal Information, to countries outside of the European Economic Area (“EEA”) including the United States and possibly other countries. By using the Platform, you consent to transferring your data to these countries. Please note that laws vary from jurisdiction to jurisdiction, and so laws and regulations relating to privacy and data disclosure, applicable to the places where your information is transferred to or stored, used or processed in, may be different from the laws and regulations applicable to the place where you are resident. Fellow Hunter, Inc. complies with the US-Swiss Safe Harbor Framework and principles, as described in its certification (https://safeharbor.export.gov/companyinfo.aspx?loc=swiss&id=32707) If you are located in Switzerland, please also see our Safe Harbor Notice (https://www.Fellow Hunter.ch/terms/safe_harbor_notice). Your Personal Information may be transferred, stored, used, processed and disclosed as follows: Parts of your public profile page that contain some Personal Information may be displayed in other parts of the Platform to other users for marketing purposes or if you post content in a community forum or other features on the Platform that are visible to the general public. Your public Listing page will always include some minimum information such as the city and neighborhood where the Land is located, your listing description, your calendar availability, your public profile photo, your responsiveness in replying to Hunters’ queries, and any additional information you share with other Members. Your public Listing page may also include aggregated demand information (such as number of page views over a period of time). Parts of your public Listing page may be displayed in other parts of the Platform to other Members and/or Third Party platforms for marketing purposes. The Platform may also display the Land’s approximate geographic location on a map, such that a user can see the general area of the Land. The Platform allows your public profile and public Listing pages to be included in search engines, in which case your public profile and public Listing pages will be indexed by search engines and may be published as search results. This option is enabled by default, and you may opt out of this feature by changing your settings on the Platform. If you change your settings or the information on your public profile or public Listing pages, Third-Party search engines may not update their databases quickly or at all. We do not control the practices of Third-Party search engines, and they may use caches containing outdated information, including any information indexed by the search engine before you change your settings or the information on your public profile or public Listing pages. When you submit a request to book the Land, your full name, and the full name of any confirmed Hunters staying with you, and other Personal Information you agree to pass through to the Landowner(s) will become visible to the Landowner(s) of any Listing you Book or request to Book. We may also disclose parts of your public profile; your public Wish List; other Member reviews of you; and any additional information you share with other Members. In addition, all Hunters agree to be contacted by the Landowner(s) by phone. We will not share your phone number unless there is a confirmed booking; if there is a confirmed booking, your phone number will become visible to the Landowners(s)/Hunter, who may call you directly. When your request to book the Land is accepted by the Landowner(s) or when a Hunter books your Land, we will disclose some of your Personal Information to the Landowner(s) and any confirmed Hunter(s). However, your billing and payout information will never be shared with another user. When a Hunter visits your Land or when you visit at a Landowner’s Land, we may ask you to review the Hunter, Landowner, or the Land. If you choose to provide a review, your review may be public on the Platform. Likewise, another Member’s review of you as a Hunter or Landowner may be public on the Platform. You may link your account on a Third-Party social networking site to your Fellow Hunter Account. We refer to a person’s contacts on these Third-Party sites as “Friends”. When you create this linkage: some of the information you provide to us from the linking of your accounts may be published on your Fellow Hunter Account profile; your activities on the Platform may be displayed to your Friends on the Platform and/or that Third-Party site; a link to your public profile on that Third-Party social networking site may be included in your Fellow Hunter public profile; other Fellow Hunter users may be able to see any common Friends that you may have with them, or that you are a Friend of their Friend if applicable; other Fellow Hunter users may be able to see any schools, hometowns or other groups you have in common with them as listed on your linked social networking site(s); the information you provide to us from the linking of your accounts may be stored, processed and transmitted for fraud prevention and risk assessment purposes; and the publication and display of information that you provide to Fellow Hunter through this linkage is subject to your settings and authorizations on the Platform and the Third-Party site. We may distribute parts of the Platform (including your Listing) for display on sites operated by Fellow Hunter’s business partners and affiliates, using technologies such as HTML widgets. If and when your Listings are displayed on a partner’s site, information from your public profile page may also be displayed. Fellow Hunter may provide your Personal Information to its Affiliates, including Fellow Hunter Payments, and their employees, to use and process your Personal Information in the same way and to the same extent that we are permitted to under this Privacy Policy. These related entities comply with the same obligations that we have to protect your Personal Information under this Privacy Policy. Fellow Hunter Payments may share your Personal Information for (i) their everyday business purposes; (ii) to jointly market products or services to you with other financial Third Parties with whom Fellow Hunter Payments has a formal agreement; and (iii) with respect to information about your transactions and experiences only, for their Affiliates’ everyday purposes. You can unsubscribe or opt-out from receiving marketing communications in your settings (in the “Account” section) when you login to your Fellow Hunter account. We may also engage Third Parties, who may be located outside of the EEA, to provide services to us, including but not limited to technology services and services to help verify your identification, to help match the photo on your ID to other photos of yourself you send to us, to conduct checks against databases such as but not limited to public government databases (where legally allowed), to otherwise assist us with fraud prevention and risk assessment, to assist us with customer service, to serve targeted ads, and to facilitate the payments or reimbursements you request (such as Concur and American Express). We may provide Personal Information about you to these Third Parties, or give them access to this Personal Information, for the limited purpose of allowing them to provide these services. For example, if we hire Third Parties, where permitted by applicable law, to conduct checks against databases such as but not limited to public government databases, we may provide your Personal Information, such as your full name and date of birth, to the Third Parties for the limited purpose of allowing them to conduct such checks, including background or registered sex offender checks, on our behalf. We will ensure that such Third Parties have contractual obligations to protect this Personal Information and to not use it for unrelated purposes. For any jurisdiction in which we facilitate the Collection and Remittance of Taxes or Opt-in for Landowner Remittance of Taxes as described in the “Taxes” section of the Terms of Service, Landowners and Hunters expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions, bookings, Lands and Occupancy Taxes, including, but not limited to, personally identifiable information such as Landowner or Hunter’s name, listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes received by Landowners from Hunters, or allegedly due, contact information and similar information, to the relevant Tax Authority. You acknowledge, consent and agree that Fellow Hunter may access, preserve and disclose your account information and Collective Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary (a) to respond to claims asserted against Fellow Hunter; (b) to comply with legal process (for example, subpoenas and warrants), including legal process associated with national security and law enforcement; (c) to enforce and administer our agreements with users, such as the Terms of Service, the Payments Terms of Service, this Privacy Policy, and the Landowner Guarantee Terms and Conditions; (d) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or (e) to protect the rights, property or personal safety of Fellow Hunter, its users or members of the public. We will use commercially reasonable efforts to notify users about law enforcement requests for their data unless: providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law; or we believe that providing notice would (a) be futile, (b) be ineffective, or (c) would create a risk of injury or bodily harm to an individual or group, or (d) create or increase a risk of fraud upon Fellow Hunter’s property, its Members, the Platform, Application, or Services (collectively, “Risk Scenarios”). In instances where Fellow Hunter complies with legal requests for user data without notice to the user for the reasons described above, Fellow Hunter will use commercially reasonable efforts to notify that user about the request after the fact if we determine in good faith that we are no longer legally prohibited from doing so and that no Risk Scenarios apply. We may also publish, disclose and use Aggregated Information and non-personal information for industry and market analysis, demographic profiling, marketing and advertising, and other business purposes. STATE PRIVACY LAWS For California & Vermont residents: Fellow Hunter Payments will not share information it collects about you with Affiliates or Third Parties, except as required or permitted by your state’s law. BUSINESS TRANSFERS BY FELLOW HUNTER If Fellow Hunter undertakes or is involved in any merger, acquisition, reorganization, sale of assets or bankruptcy or insolvency event, then we may sell, transfer or share some or all of our assets, including your Personal Information. In this event, we will notify you before your Personal Information is transferred and becomes subject to a different privacy policy. HOW TO ACCESS, CHANGE OR DELETE YOUR INFORMATION, OR CANCEL YOUR FELLOW HUNTER ACCOUNT You may review, update, correct or delete the Personal Information in your Fellow Hunter Account or Listing. If you would like to correct your information or cancel your Fellow Hunter Account or Listing entirely, you can do so by logging in to your Fellow Hunter Account or sending an email to contact@fellowhunter.com. Please also note that any reviews, forum postings and similar materials posted by you may continue to be publicly available on the Platform in association with your first name, even after your Fellow Hunter Account is cancelled. SECURING YOUR PERSONAL INFORMATION We are continuously implementing and updating administrative, technical, and physical security measures to help protect your Personal Information against unauthorized access, destruction or alteration. However, no method of transmission over the Internet, and no method of storing electronic information, can be 100% secure. So, we cannot guarantee the security of your transmissions to us and of your Personal Information that we store. YOUR PRIVACY WHEN YOU ACCESS THIRD-PARTY WEBSITES AND RESOURCES The Platform will contain links to other websites not owned or controlled by Fellow Hunter. Fellow Hunter does not have any control over Third-Party websites. These other websites may place their own cookies, web beacons or other files on your device, or collect and solicit Personal Information from you. They will have their own rules about the collection, use and disclosure of Personal Information. We encourage you to read the terms of use and privacy policies of the other websites that you visit. Some portions of the Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use (located at www.google.com/intl/en_us/help/terms_maps.html) and Google’s privacy policy (located atwww.google.com/privacy.html), as may be amended by Google from time to time. SPECIAL FEATURES AND PROGRAMS Referral service and requesting references The Platform may provide a referral service that allows you to invite your friends and contacts to use the Platform. The Platform may also allow you to ask your friends and contacts to write a reference for you, to be published on your Fellow Hunter profile. We may integrate the Platform with third party sites such as Facebook, so that you can send invitation messages or requests for references via the third party site itself. These messages will be sent by the third party site, and Fellow Hunter does not collect or retain the contact information that is used to send them. You may also send invitation/request emails via the Platform itself, in which case we will ask you for the contact information to which to send your invitation/request. You can type in the email addresses or other contact information manually, or you can choose to import the contacts in your address book(s). In both cases, we may use and store this information for the sole purposes of allowing you to send your friends and contacts an invitation or request for a reference, and for fraud detection and prevention. With respect to referrals, we will also store the email addresses of your invitees to track if your friend joins Fellow Hunter in response to your referral. If you request us to import your contacts, we will collect, but not store, the username and password for the email account you wish to import your contacts from. We will use this information only for the purpose of importing your contacts. Meetups The Platform may allow registered account holders to organize, search for or participate in offline events (“Meetups”) in selected cities. If you organize a Meetup or indicate that you will attend one, this information, together with some of your public information (such as your profile picture and public profile page) and any messages that you post about that Meetup, will be visible to users who browse the event. However, Fellow Hunter will never disclose where you are staying to another meetup user. CHANGES TO THIS PRIVACY POLICY We may change how we collect and then use Personal Information at any time and without prior notice, at our sole discretion. We may change this Privacy Policy at any time. If we make material changes to the Privacy Policy, we will notify you either by posting the changed Privacy Policy on the Platform or by sending an email to you. We will also update the “Last Updated” date at the top of this Privacy Policy. If we let you know of changes through an email communication, then the date on which we send the email will be deemed to be the date of your receipt of that email. It’s important that you review the changed Privacy Policy. If you do not wish to agree to the changed Privacy Policy, then we will not be able to continue providing the Platform and Services to you, and your only option will be to stop accessing the Platform and Services and deactivate your Fellow Hunter Account. You can find out more about how to deactivate your Fellow Hunter Account at www.FellowHunter.com/help. GOT FEEDBACK? Your opinion matters to us! If you’d like to provide feedback to us about this Privacy Policy, please email us at terms@Fellow Hunter.com. For all other questions or concerns, please email us at www.FellowHunter.com/contact. COOKIE POLICY Fellow Hunter uses “cookies” in conjunction with the Platform to obtain information. A cookie is a small data file that is transferred to your device (e.g. your phone or your computer) for record-keeping purposes. For example, a cookie could allow the Platform to recognize your browser, while another could store your preferences and other information. Your browser may allow you to set how it handles cookies, such as declining all cookies or prompting you to decide whether to accept each cookie. But please note that some parts of the Platform may not work as intended or may not work at all without cookies. Fellow Hunter cookies and Third Party cookies Fellow Hunter may place our cookies on your device via the Platform. Accordingly, our Privacy Policy will apply to our treatment of the information we obtain via our cookies. We may also allow our business partners to place cookies on your device. For example, we use Google Analytics for web analytics, and so Google may also set cookies on your device. As further explained below, Third Parties may also place cookies on your device for advertising purposes. There are two types of cookies used on the Platform, namely “persistent cookies” and “session cookies”. Session cookies will normally expire when you close your browser, while persistent cookies will remain on your device after you close your browser, and can be used again the next time you access the Platform. Other technologies The Platform may also use other technologies with similar functionality to cookies, such as web beacons and tracking URLs to obtain Log Data about users. We may also use web beacons and tracking URLs in our messages to you to determine whether you have opened a certain message or accessed a certain link. Uses for Fellow Hunter cookies Fellow Hunter uses cookies and similar tracking technologies for a number of purposes, such as the following: to enable, facilitate and streamline the functioning of the Platform across different webpages, devices and browser sessions. to simplify your access to and use of the Platform and make it more seamless. to monitor and analyze the performance, operation and effectiveness of the Platform, so that we can improve and optimize it. to show you content (which may include advertisements) that is more relevant to you. for fraud detection and prevention. Uses for Third-Party cookies Our partners’ cookies are intended to obtain information to help them provide services to Fellow Hunter. For example, Third Parties we engage to provide services to us may track your behavior on our Platform to market and advertise Fellow Hunter listings or services to you on the Platform and Third-party websites, or to help us detect or prevent fraud or conduct risk assessments. Third Parties websites that use cookies and other tracking technologies to deliver targeted advertisements on our Platform and/or Third-Party websites may offer you a way to prevent such targeted advertisements by opting-out at the websites of industry groups such as the Network Advertising Initiative and/or the Digital Advertising Alliance. You may also be able to control advertising cookies provided by publishers, for example Google’s Ad Preference Manager. Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising on or about the Platform – it just will not be tailored to your interests. In addition, Facebook places a cookie via the Platform that allows Facebook to obtain aggregated, non-Personal Information to optimize their services. For example, if a user clicks on an advertisement for the Fellow Hunter mobile app on Facebook and subsequently installs the app, this cookie will inform Facebook that a user (who is not personally identified) has installed the app after clicking on the advertisement. This cookie may also inform Facebook that a user is using the app, without identifying the specific actions taken by the user in the app. Disabling Cookies Most browsers automatically accept cookies, but you can modify your browser setting to decline cookies by visiting the Help portion of your browser’s toolbar. If you choose to decline cookies, please note that you may not be able to sign in, customize, or use some of the interactive features of the Platform. Flash cookies operate differently than browser cookies, and cookie management tools available in a web browser will not remove flash cookies. To learn more about how to manage flash cookies, you can visit the the Adobe website and make changes at the Global Privacy Settings Panel. Changes to this Cookie Policy We can change this Cookie Policy at any time. If we make material changes to the Cookie Policy, we will let you know either by posting the changed Cookie Policy on the Platform or by sending you an email. It’s important that you review the changed Cookie Policy. If you do not wish to agree to the changed Cookie Policy, then we cannot continue to provide the Platform to you, and your only option is to stop accessing the Platform and Services and deactivate your Fellow Hunter Account. You can find out more about how to deactivate your Fellow Hunter Account at www.FellowHunter.com/help.
PAYMENTS TERMS OF SERVICE

IF YOU ARE SUBJECT TO UNITED STATES LAW, PLEASE NOTE: SECTION 28 OF THESE TERMS OF SERVICE CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH FELLOW HUNTER PAYMENTS ARE RESOLVED. BY ACCEPTING THESE PAYMENTS TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY. PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. Last Updated: July 28, 2017 Terms of Service These terms and conditions (“Payments Terms”) govern the payment services, including payment collection services, payments and payouts, conducted through or in connection with the Fellow Hunter Site, Application or Services (“Payment Services”) that Fellow Hunter Payments, LLC. (referred to as “Fellow Hunter Payments”, “we”, “us” or “our”) provide to you in connection with your use of the Fellow Hunter Site, Application and/or Services, and constitute a binding legal agreement between you and Fellow Hunter Payments. The specific Fellow Hunter Payments entity with whom you are contracting for the purposes of the Payment Services will generally be determined for each payment or payout based on the jurisdiction in which your Payment Method or Payout Method was issued, as further set forth in Section 26, “Fellow Hunter Payments Contracting Entity”, below. The Fellow Hunter Terms of Service (“Fellow Hunter Terms”) separately govern your use of the Site, Application and Services. All capitalized terms have the meaning set forth in the Fellow Hunter Terms unless otherwise defined in these Payments Terms. YOU ACKNOWLEDGE AND AGREE THAT, BY USING THE PAYMENT SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE PAYMENTS TERMS. IF YOU DO NOT AGREE TO THESE PAYMENTS TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE PAYMENT SERVICES. Failure to use the Payment Services in accordance with these Payments Terms may subject you to civil and criminal penalties. If you accept or agree to these Payments Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Payments Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity. Please also read carefully Fellow Hunter’s Privacy Policy at www.FellowHunter.com/terms/privacy_policy. Modification Fellow Hunter Payments reserves the right, at its sole discretion, to modify or terminate the Payment Services or to modify these Payments Terms at any time and without prior notice. If we modify these Payments Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Payments Terms. Changes to the Payments Terms will be effective at the time of posting. Your continued use of the Payment Services will constitute acceptance of the revised Payments Terms. Additionally, if the modified Payments Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Payments Terms are not acceptable to you, your only recourse is to cease using the Payment Services. If you do not close your Fellow Hunter Account you will be deemed to have accepted the changes. Eligibility The Payment Services are intended solely for persons who are 18 or older. Any use of the Payment Services by anyone under 18 is expressly prohibited. By using the Payment Services you represent and warrant that you are 18 or older. Account Registration In order to use the Payment Services, you must be a registered for a Fellow Hunter Account and become a Member in accordance with the “Account Registration” section of the Fellow Hunter Terms. By having Fellow Hunter register you for the pilot program for the Fall of 2017, you acknowledge and agree that anyone you authorize to use your Fellow Hunter Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person. Identity Verification You authorize Fellow Hunter Payments, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification (e.g. driver’s license or passport), your date of birth, your address, and other information requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or attempting to screen your information against third party databases. You further authorize Fellow Hunter Payments (or its affiliate) to request a consumer report on you from a consumer reporting agency. This consumer report will be requested and utilized in compliance with applicable law, including the Fair Credit Reporting Act (U.S.). Fellow Hunter Payments reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information. Financial Terms for Bookings Key Definitions “Payment Method” means a payment method that you have added to your Fellow Hunter Account, such as a credit card, debit card or PayPal. “Payout Method” means a payout method that you have added to your Fellow Hunter Account, such as PayPal, direct deposit or electronic funds transfer, a prepaid card, a debit card, or check (where available). Financial Terms for Landowners regarding Bookings Fellow Hunter Payments will collect the Total Fees from each Hunter either at the time of the Booking request or upon the Landowner’s confirmation of the Booking (depending upon the Hunter’s Payment Method). Fellow Hunter Payments will initiate payment of the Land Fees (less Fellow Hunter’s Landowner Fees and any Taxes in respect of the Landowner Fees) to the Landowner in most cases within 30 days of the scheduled check-in time for the Hunter at the applicable Land (or within 30 days of 3:00pm local time - or 3:00pm UTC if local time is unknown - if the check-in time is flexible or not specified), unless the Landowner and Fellow Hunter Payments agree to a different time or trigger for payment. The time it takes for the Landowner to receive payouts once released by Fellow Hunter Payments may depend upon the Payout Method chosen by the Landowner. Some Payout Methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Landowner, including by deducting their charges from the payout amount. If you owe or agree to pay any amount via Fellow Hunter Payments to Fellow Hunter (whether as a result of your Bookings or actions as a Hunter or otherwise), then Fellow Hunter Payments may (but is not obliged to) withhold the amount owing to Fellow Hunter from any payout amounts due to you as a Landowner, and use the withheld amount to setoff the amount owed by you to Fellow Hunter. If Fellow Hunter Payments does so, then your obligation to pay Fellow Hunter will be extinguished to the extent of the amount withheld by Fellow Hunter Payments, and Fellow Hunter will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Fellow Hunter and/or Fellow Hunter Payments by you. Such communication may be made by Fellow Hunter, Fellow Hunter Payments or by anyone on their behalf, including but not limited to a third party collection agent. Appointment of Fellow Hunter Payments as Limited Payment Collection Agent for Landowner Each Landowner hereby appoints Fellow Hunter Payments as the Landowner’s limited payment collection agent solely for the purpose of accepting the Land Fees from Hunters. Each Landowner agrees that payment made by a Hunter through Fellow Hunter Payments, shall be considered the same as a payment made directly to the Landowner, and the Landowner will make the Land available to the Hunter in the agreed-upon manner as if the Landowner has received the Land Fees. Each Landowner agrees that Fellow Hunter Payments may, in accordance with the cancellation policy selected by the Landowner and reflected in the relevant Listing, refund to the Hunter that portion of the Land Fees specified in the applicable cancellation policy. Each Landowner understands that Fellow Hunter Payments accepts payments from Hunters as the Landowner’s limited payment collection agent and that Fellow Hunter Payments’ obligation to pay the Landowner is subject to and conditional upon successful receipt of the associated payments from Hunters. Fellow Hunter Payments does not guarantee payments to Landowners for amounts that have not been successfully received by Fellow Hunter Payments from Hunters. In accepting appointment as the limited collection agent of the Landowner, Fellow Hunter Payments assumes no liability for any acts or omissions of the Landowner. Financial Terms for Hunters regarding Bookings You acknowledge and agree that, notwithstanding the fact that Fellow Hunter Payments is not a party to the agreement between you and the Landowner, Fellow Hunter Payments acts as the Landowner’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Landowner. Upon your payment of the Total Fees to Fellow Hunter Payments, your payment obligation to the Landowner for the Land Fees is extinguished, and Fellow Hunter Payments is responsible for remitting the Land Fees (less the Landowner Fees and any Taxes in respect of the Landowner Fees, such as VAT in Europe), in the manner described in these Payments Terms. In the event that Fellow Hunter Payments does not remit any such amounts as described in these Payments Terms, such Landowner will have recourse only against such Fellow Hunter Payments entity. You as a Hunter agree that Fellow Hunter Payments may charge your Payment Method the Total Fees for any Booking requested in connection with your Fellow Hunter Account. In order to establish a Booking pending the applicable Landowner’s confirmation of your requested Booking, you understand and agree that Fellow Hunter Payments, on behalf of the Landowner, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your Payment Method for the Total Fees or (ii) charge your Payment Method 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 Payment Method. As a general rule, Fellow Hunter Payments will collect the Total Fees due once Fellow Hunter receives confirmation of your Booking from the applicable Landowner. However, if you pay with a push Payment Method (such as Alipay or Sofort), Fellow Hunter Payments will collect Total Fees at the time of your Booking request. In instances in which Fellow Hunter Payments is unable to collect Total Fees in the ordinary course, Fellow Hunter Payments may elect to collect Total Fees at a later point in time. Once the payment transaction for your requested Booking is successfully completed you will receive a confirmation email summarizing your confirmed Booking. If a requested Booking is cancelled (i.e. not confirmed by the applicable Landowner), any amounts collected by Fellow Hunter Payments will be refunded to such Hunter, depending on the selections the Hunter makes via the Site and Application, and any pre-authorization of such Hunter’s Payment Method will be released, if applicable. The timing to receive such refund or for a pre-authorization to be released will be determined based on the Payment Method used and any applicable payment system (e.g., Visa, MasterCard, etc.) rules. In connection with your requested Booking, you will be asked to provide customary billing information such as name, billing address and Payment Method information either to Fellow Hunter Payments or its third-party payment processor(s). You agree to pay Fellow Hunter Payments for any confirmed Bookings made in connection with your Fellow Hunter Account in accordance with these Payments Terms by one of the methods supported by the Site or Application (e.g. by PayPal, credit card or debit card). You hereby authorize the collection of such amounts by charging the Payment Method provided as part of requesting the Booking, either directly by Fellow Hunter Payments or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application. You also authorize Fellow Hunter Payments to charge any Payment Method on file in your Fellow Hunter Account in the event of damage caused at an Land as contemplated under Section 8, “Damage to Lands and Security Deposits”, below. If Fellow Hunter Payments is unable to collect any amounts you owe for a confirmed Booking or a Damage Claim, Fellow Hunter Payments may engage in collection efforts to recover such amounts from you. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to Fellow Hunter and/or Fellow Hunter Payments by you. Such communication may be made by Fellow Hunter, Fellow Hunter Payments or by anyone on their behalf, including but not limited to a third party collection agent. Please note that Fellow Hunter Payments cannot control any fees that may be charged to a Hunter by his or her third-party payment service provider related to Fellow Hunter Payments’ collection of the Total Fees, and Fellow Hunter Payments disclaims all liability in this regard. Whatever Payment Method you use may be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review such terms and conditions before using your Payment Method. Service Fees and Other Fees Fellow Hunter Payments collects the Service Fees charged by Fellow Hunter pursuant to the Fellow Hunter Terms. Where applicable, Fellow Hunter may also charge Taxes (such as VAT in Europe) in respect of the Landowner Fees and Hunter Fees. Fellow Hunter Payments deducts the Landowner Fees from the Land Fees before remitting the balance to the Landowner as described in these Payments Terms. Hunter Fees are, as noted above, included in the Total Fees. Balances will be remitted by Fellow Hunter Payments to Landowners via the Payout Method selected by the Landowner in the Landowner’s currency of choice, depending upon the selections the Landowner makes via the Site, Application and Services. Amounts may be rounded up or down as described the “Rounding Off” portion of this Section 6. Please note that Fellow Hunter Payments may impose or deduct currency conversion costs on or from any payments or payouts by Fellow Hunter in currencies other than U.S. dollars. More information on any such costs or deductions is available via the Site and Application, and in Section 10, “Currency Conversion”, below. More information on Services Fees can be found at www.FellowHunter.com/help. Except as otherwise provided herein, Service Fees are non-refundable. General Booking and Financial Terms Cancellations and Refunds If, as a Hunter, you cancel your requested Booking before the requested Booking is confirmed by a Landowner, Fellow Hunter Payments will cancel any pre-authorization to your Payment Method and/or refund any nominal amounts charged to your Payment Method in connection with the requested Booking within a commercially reasonable time. If, as a Hunter, you wish to cancel a confirmed Booking made via the Site, Application and Services, either prior to or after arriving at the Land, Fellow Hunter Payments will refund the Land Fees, Hunter Fees and any other amounts charged to you only as permitted under the Fellow Hunter Terms, including the terms of the applicable cancellation policy. If a Landowner cancels a confirmed Booking made via the Site, Application or Services, Fellow Hunter Payments will refund the Total Fees for such Booking to the applicable Hunter within a commercially reasonable time of the cancellation. If the Hunter requests to book an alternative Listing and the Landowner associated with such alternative Listing confirms the Hunter’s requested Booking, then Fellow Hunter Payments will collect the Total Fees relating to the confirmed Booking for the Land in the alternative Listing, in accordance with these Payments Terms. If, as a Landowner, you cancel a confirmed Booking, you agree that Fellow Hunter Payments may collect any cancellation fees imposed pursuant to the Fellow Hunter Terms. Fellow Hunter Payments will treat your cancellation as a payment authorization, and Fellow Hunter Payments may withhold any cancellation fees from your future payouts or charged to any Payment Method on file in your Fellow Hunter Account. If Fellow Hunter decides for any reason that it is necessary or desirable to cancel a confirmed Booking made via the Site, Application and Services pursuant to the Fellow Hunter Terms, Hunter Refund Policy or Extenuating Circumstances Policy, you agree that Fellow Hunter Payments and the relevant Hunter or Landowner will not have any liability for such cancellations or refunds. If, as a Landowner, your Hunter cancels a confirmed Booking or Fellow Hunter decides that it is necessary to cancel a confirmed Booking, and Fellow Hunter issues a refund to the Hunter in accordance with the Hunter Refund Policy, Extenuating Circumstances Policy or other applicable cancellation policies, you agree that in the event you have already been paid, Fellow Hunter Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Land Fees due to you. Recurring Payments For certain Bookings, Hunters 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 Land (collectively, “Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of the payment) will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to a confirmed Booking, then the Hunter authorizes Fellow Hunter Payments, on behalf of the Landowner, to collect the Total Fees and the Landowner agrees that Fellow Hunter Payments will initiate payouts to the Landowner, in the increments and at the frequency associated with the applicable Recurring Payments, each as identified on the Site, Application and Services. You may stop payment of a Recurring Payment by notifying Fellow Hunter Payments orally or in writing at least three (3) business days before the scheduled date of the payment. Fellow Hunter Payments may require that you give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within fourteen (14) days as requested, Fellow Hunter Payments is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact Fellow Hunter Payments pursuant to Section 34. Rounding Off Fellow Hunter Payments may, in its sole discretion, round up or round down amounts that are payable from or to Hunters or Landowners to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Fellow Hunter Payments will round up an amount of $101.50 to $102.00, and $101.49 to $101.00. Some currencies are denominated in large numbers. In those cases, Fellow Hunter Payments may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Fellow Hunter Payments to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000. Payment Processing Errors We 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 Payout Method or Payment Method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount. Booking Modifications If, as a Hunter, you owe additional amounts to Fellow Hunter due to a Booking Modification, you agree that Fellow Hunter Payments may collect such amounts by charging the Payment Method used to make your Booking. If, as a Landowner, you owe Fellow Hunter any amounts due to a Booking Modification, you agree that Fellow Hunter Payments may collect those amounts pursuant to the “Financial Terms for Landowners regarding Bookings” portion of this Section 6 and as otherwise permitted under these Payments Terms. Fellow Hunter Travel Credits Fellow Hunter Travel Credits may be redeemed for applicable Bookings via the Site, Application and Services as specified in the Fellow Hunter Referral Program Terms & Conditions. You may only redeem Fellow Hunter Travel Credits after the Fellow Hunter Travel Credits are reflected in your Fellow Hunter Account. Taxes As a user/member of Fellow Hunter you are responsible for your tax obligations as they are applicable for your jurisdiction. Damage to Lands and Security Deposits If (i) you as a Hunter agree to pay the Landowner in connection with a Damage Claim, or (ii) Fellow Hunter determines that you are responsible for damaging an Land or any personal or other property located at an Land pursuant to the Fellow Hunter Terms, Fellow Hunter Payments may charge the Payment Method used to make the Booking in order to collect any Security Deposit associated with the Listing, as well as any amount of the Damage Claim exceeding any Security Deposit. If the Listing does not have a Security Deposit, Fellow Hunter Payments may charge the Payment Method used to make the Booking for the amount of the Damage Claim. If we are unable to collect from your Payment Method used to make the Booking, you agree that Fellow Hunter Payments may charge any other Payment Method on file in your Fellow Hunter Account at the time of the Damage Claim. Fellow Hunter Payments also reserves the right to otherwise collect payment from you and pursue any avenues available to Fellow Hunter Payments if Fellow Hunter determines that you have damaged any Land or any personal or other property located at any Land. If we are unable to charge a Payment Method on file in your Fellow Hunter Account or otherwise collect payment from you, you agree to remit payment for any damage to the Land to the applicable Landowner or to Fellow Hunter Payments (if applicable). Security Deposits, if required by a Landowner or Fellow Hunter, may be applied to any fees due from a Hunter overstaying at a Listing without the Landowner’s consent. Overstaying without the Landowner’s Consent If you as a Hunter stay past the agreed upon checkout time without the Landowner’s consent, you agree that Fellow Hunter Payments, in its role as limited payment collection agent for the Landowner, may charge any Payment Method(s) you have on file in your Fellow Hunter Account to collect, for each 24 hour period that the Hunter stays over the agreed period without the Landowner’s consent, an additional nightly fee of two times the average Land Fee originally paid by the Hunter to cover the inconvenience suffered by the Landowner, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Landowner to make the Hunter leave (collectively, “Additional Sums”). In addition, Fellow Hunter Payments may recover any costs and expenses it incurs in collecting the Additional Sums by charging any Payment Method(s) you have on file in your Fellow Hunter Account. Currency Conversion Key Definitions “Booking Currency” means the currency in which a Hunter has to pay for his or her Booking. At the time the Hunter submits a Booking request, the Fellow Hunter platform will select the Booking Currency, based on the Hunter’s country of origin as determined by (i) Fellow Hunter’s platform logic; (ii) the Payment Method associated with the Booking; or (iii) both. Fellow Hunter supports only a certain number of currencies as Booking Currencies. The Booking Currency for a Booking may be different from the relevant Listing Currency. “Listing Currency” means the default currency associated with the country in which the Listing is located. For example, the Listing Currency for a home located in New York would be U.S. dollars, and the Listing Currency for a home located in Japan would be Japanese Yen. “Base Exchange Rate” means a system-wide rate used by Fellow Hunter for currency conversion that is in effect at the time the currency conversion is processed, and does not include any fee or mark-up by Fellow Hunter. Fellow Hunter establishes the Base Exchange Rate using data from one or more third parties such as OANDA (www.oanda.com). “Adjusted Exchange Rate” means a rate for currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by Fellow Hunter for its holding costs and foreign currency risks. Each currency conversion is processed at a currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of U.S. dollars to Euros would be 1.25, and the currency conversion rate from Euros to U.S. dollars would be 0.8. Currency conversion rates will vary from time to time. Fellow Hunter Payments will process a currency conversion in the following situations: Where the Booking Currency is different from the Listing Currency when a Hunter submits a booking request for a Listing, Fellow Hunter will calculate the Total Fees in the Booking Currency by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the Booking request to the Total Fees in the Listing Currency. The Hunter Fee, which is a percentage of the applicable Land Fees, will be calculated based on the Land Fees in the Booking Currency (i.e. after conversion from the Listing Currency). The Adjusted Exchange Rate will be applied if the Booking Currency is different from the Listing Currency. When a confirmed Booking is modified or cancelled, and there had been a currency conversion when the Booking was submitted, the currency conversion for any additional payments required of the Hunter or any refund to the Hunter will be processed at the same rate as applied to the earlier payment by the Hunter. When you as a Hunter submit a Booking request for a Listing, you will be able to view the actual exchange rate used to calculate the Total Fees in the Booking Currency. Where the Adjusted Exchange Rate is applied, the exchange rate will be displayed inclusive of the mark-up. The exchange rate (and any mark-up included in the rate) will also be stated in the billing receipt for your Booking. Payment Method Information You authorize Fellow Hunter Payments to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g. account number, routing number, expiration date), we may acquire that information from our financial services partner or your bank and update. 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 Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not: violate any local, state, provincial, national, or other law or regulation, or any order of a court; use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms; use the Payment 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; register any Payment Method with your Fellow Hunter account that is not yours or you do not have authorization to use; 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 (directly or by omission or failure to update information) 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; attempt to probe, scan, or test the vulnerability of any Fellow Hunter system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Fellow Hunter Payments or any of Fellow Hunter Payments’ providers or any other third party (including another user) to protect the Payment 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 Payment 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 Payment Services; or advocate, encourage, or assist any third party in doing any of the foregoing. Fellow Hunter Payments has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Payments Terms, Fellow Hunter Payments may take a range of actions against you, including but not limited to limiting access to your Fellow Hunter Account and any associated Payment Services, for a violation of this Section 12 or these Payments Terms. Privacy You agree that Fellow Hunter’s Privacy Policy (as may be updated from time to time) governs Fellow Hunter Payments’ collection, processing and use of your personal information. Intellectual Property Ownership and Rights Notice The Payment Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of Fellow Hunter, Fellow Hunter Payments and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Payment Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of Fellow Hunter or Fellow Hunter Payments used on or in connection with the Payment Services are trademarks or registered trademarks of Fellow Hunter or Fellow Hunter Payments in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with Payment Services are used for identification purposes only and may be the property of their respective owners. As a Landowner, Hunter or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Payment Services, including Fellow Hunter’s Trademark & Branding Guidelines (as may be updated from time to time). Additional Products and Terms Certain Payment Services or new or different products and services offered by Fellow Hunter Payments from time to time may have different terms and conditions posted or require you to agree with and accept additional terms and conditions. If additional terms are required for any Payment Service or other product or service, Fellow Hunter Payments will provide you those additional terms and conditions at the time the Payment Service or other product or service is offered or made available to you. If there is a conflict between these Payments Terms and terms and conditions posted for a specific Payment Service or other product or service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service or other product or service. Feedback We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Payment Services (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the Fellow Hunter Site and Application, or “Contact Fellow Hunter Payments”, below. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Fellow Hunter and/or Fellow Hunter Payments and you hereby irrevocably assign to Fellow Hunter and Fellow Hunter Payments and agree to irrevocably assign to Fellow Hunter and Fellow Hunter Payments all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Fellow Hunter or Fellow Hunter Payments’ request and expense, you will execute documents and take such further acts as Fellow Hunter or Fellow Hunter Payments may reasonably request to assist Fellow Hunter or Fellow Hunter Payments to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback. Account Limitation We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit access to your Fellow Hunter Account and any associated Payment Services. Disclaimers IF YOU CHOOSE TO USE THE PAYMENT SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT FELLOW HUNTER PAYMENTS PROVIDES THE PAYMENT SERVICES TO YOU SUBJECT TO YOUR STATUTORY RIGHTS BUT OTHERWISE “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY STATED IN THESE PAYMENTS TERMS. WITHOUT LIMITING THE FOREGOING, FELLOW HUNTER PAYMENTS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FELLOW HUNTER PAYMENTS MAKES NO WARRANTY THAT THE PAYMENT SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FELLOW HUNTER PAYMENTS MAKES NO WARRANTY REGARDING THE QUALITY OF THE PAYMENT SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FELLOW HUNTER PAYMENTS OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NOTWITHSTANDING FELLOW HUNTER PAYMENTS’ APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE LANDOWNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM HUNTERS ON BEHALF OF THE LANDOWNERS, FELLOW HUNTER PAYMENTS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY HUNTER OR OTHER THIRD PARTY. FELLOW HUNTER PAYMENTS DOES NOT HAVE ANY DUTIES OR OBLIGATIONS AS AGENT FOR EACH LANDOWNER EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THESE PAYMENTS TERMS AND ANY ADDITIONAL DUTIES OR OBLIGATIONS AS MAY BE IMPLIED BY LAW ARE HEREBY EXPRESSLY EXCLUDED. Limitation of Liability YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF THE PAYMENT SERVICES REMAINS WITH YOU. IF YOU PERMIT OR AUTHORIZE ANOTHER PERSON TO USE YOUR FELLOW HUNTER ACCOUNT IN ANY WAY, YOU ARE RESPONSIBLE FOR THE ACTIONS TAKEN BY THAT PERSON. NEITHER FELLOW HUNTER PAYMENTS NOR ANY OTHER PARTY INVOLVED IN PROVIDING PAYMENT 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 PAYMENTS TERMS, FROM THE USE OF OR INABILITY TO USE THE PAYMENT SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PAYMENT SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FELLOW HUNTER PAYMENTS 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 LANDOWNERS PURSUANT TO THESE PAYMENTS TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE FELLOW HUNTER LANDOWNER GUARANTEE, IN NO EVENT WILL FELLOW HUNTER’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE PAYMENTS TERMS AND YOUR USE OF THE PAYMENT SERVICES INCLUDING, BUT NOT LIMITED TO, FROM THE USE OF OR INABILITY TO USE PAYMENT SERVICES, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE FELLOW HUNTER PLATFORM AS A HUNTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A LANDOWNER, THE AMOUNTS PAID BY FELLOW HUNTER PAYMENTS 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 FELLOW HUNTER PAYMENTS 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. Indemnification You agree to release, defend, indemnify, and hold Fellow Hunter Payments 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 (i) your access to or use of the Payment Services, or your violation of these Payments Terms; or (ii) your accrual or use of any Fellow Hunter Travel Credits. Export Control and Restricted Countries You may not use the Payment Services except as authorized by United States law, the laws of the jurisdiction in which you reside, and any other applicable laws. In particular, but without limitation, the Payment Services may not be used to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Payment Services, you represent and warrant that: (i) neither you nor your listed Land 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. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction. Entire Agreement Except as they may be supplemented by a document referenced and incorporated herein or by additional Fellow Hunter policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Payments Terms constitute the entire and exclusive understanding and agreement between Fellow Hunter Payments and you regarding the Payment Services, and these Payments Terms supersede and replace any and all prior oral or written understandings or agreements between Fellow Hunter Payments and you regarding the Payment Services. Termination Termination for Convenience You may terminate these Payments Terms at any time by following the termination procedures specified in the Fellow Hunter Terms. Terminating these Payments Terms will also serve as notice to cancel your Fellow Hunter Account pursuant to the Fellow Hunter Terms. If you cancel your Fellow Hunter Account as a Landowner, Fellow Hunter Payments will provide your Hunters a full refund. If you cancel your Fellow Hunter Account as a Hunter, Fellow Hunter Payments will initiate a refund for any confirmed booking based upon the terms of the applicable cancellation policy. Without limiting our rights specified below, Fellow Hunter Payments may terminate these Payments Terms for convenience at any time by giving you 30 days' notice via email to your registered email address. Termination for Breach, Suspension and Other Measures Fellow Hunter Payments may immediately, without notice terminate these Payments Terms, limit your use of or access to the Payment Services, or temporarily or permanently suspend your Fellow Hunter Account if (i) you have breached these Payments Terms, including but not limited to any breach of your warranties outlined in these Terms or breach a provision under Section 13, "User Conduct", (ii) you have provided inaccurate, fraudulent, outdated or incomplete information, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Fellow Hunter Payments believes in good faith that such action is reasonably necessary to protect other Members, Fellow Hunter, Fellow Hunter Payments or third parties, for prevention of unlawful activity or fraud, risk assessment, security or investigation purposes. In case of non-material breaches and where appropriate, you will be given notice of any measure by Fellow Hunter Payments and an opportunity to resolve the issue to Fellow Hunter Payments' reasonable satisfaction. If you are a Landowner and we terminate these Payments Terms, limit your use of or access to the Payment Services, or temporarily or permanently suspend your Fellow Hunter Account, (i) we will refund your Hunters in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for confirmed bookings that were cancelled. Consequences If your access to or use of the Payment Services has been limited or your Fellow Hunter Services has been suspended or these Payments Terms has been terminated by us, you may not register a new Fellow Hunter Account or attempt to access and use the Payment Services through other Fellow Hunter Accounts. Survival If you or we terminate these Payments Terms, the clauses of these Payments Terms that reasonably should survive termination of these Payments Terms will remain in effect. Assignment You may not assign or transfer these Payments Terms, by operation of law or otherwise, without Fellow Hunter Payments’ prior written consent. Any attempt by you to assign or transfer these Payments Terms, without such consent, will be null and of no effect. Fellow Hunter Payments may assign or transfer these Payments Terms, at its sole discretion, without restriction. Subject to the foregoing, these Payments Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Notices Any notices or other communications permitted or required hereunder, including those regarding modifications to these Payments Terms, will be in writing and given by Fellow Hunter Payments (i) via email (in each case to the address that you provide) or (ii) by posting to the Fellow Hunter Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Fellow Hunter Payments Contracting Entity Generally speaking, the Fellow Hunter Payments entity with whom you are contracting for the purposes of the Payment Services will be Fellow Hunter Payments, LLC. until we expand globally. Controlling Law and Jurisdiction These Payments Terms and your use of the Payment Services will be interpreted in accordance with the laws of the State of Pennsylvania 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 Philadelphia County, Philadelphia, Pennsylvania or a United States District Court, Eastern District of Pennsylvania located in Philadelphia, Pennsylvania 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 Section 28, “Dispute Resolution”, below. Dispute Resolution You and Fellow Hunter Payments agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains 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. You acknowledge and agree that you and Fellow Hunter Payments are each waiving the right to a trial by jury or 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 proceeding. Further, unless both you and Fellow Hunter Payments otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Payments Terms. Arbitration Rules and Governing Law. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org or by calling the AAA at +1 800 778 7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Arbitration Location and Procedure. Unless you and Fellow Hunter Payments otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Fellow Hunter Payments submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of Section 19, “Limitation of Liability”, above, as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Fellow Hunter will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. Changes. Notwithstanding the provisions of Section 2, “Modification”, above, if Fellow Hunter Payments changes this “Dispute Resolution” section after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Fellow Hunter Payments’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Fellow Hunter Payments in accordance with the provisions of this “Dispute Resolution” section as of the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms). General The failure of Fellow Hunter Payments to enforce any right or provision of these Payments 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 Fellow Hunter Payments. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Payments Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Payments Terms will remain in full force and effect. Third Party Beneficiary These Payments Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Payments Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Payments Terms. Communication Fellow Hunter Payments will provide the Landowner notice via email when we initiate each payout transaction. We will also provide notice if the payout is returned to us because of an error. Fellow Hunter Payments will use the email address related to your Fellow Hunter Account. It is your responsibility as a Landowner to ensure that you provide us with a current, accurate and valid email address. CONTACTING FELLOW HUNTER PAYMENTS You may contact Fellow Hunter Payments using the information below: Fellow Hunter Payments, LLC. These Payments Terms are available for you to view at any time at www.FellowHunter.com/terms/payments_terms. Fellow Hunter Payments will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please contact Fellow Hunter Payments via email to terms@Fellow Hunter.com or the contact information above.

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