OUTDOORS BY OWNER, INC.
August, 2022
Welcome to Outdoors by Owner, Inc. These Terms and Conditions of Service (“Terms”) are the binding legal agreement that govern the relationship between you and Outdoors by Owner, Inc. (for convenience, hereinafter “OBO”) and govern your right to use our websites, applications, and other offerings from OBO (sometimes collectively the “OBO Suite”). When used in these Terms, “OBO,” “we,” “us,” or “our” refers to Outdoors by Owner, Inc. and its subsidiaries.
OBO offers an online marketplace platform that enables users (“Users”) to create, offer, search for, and book accommodations. Users who create and offer services are referred to as “Owners” and Users who search for, book, or use services are “Renters.” Please note that Owner is used in these Terms for convenience and shall include property managers, rental managers, or anyone else who has legal or contractual authorization to offer an accommodation. Please note that Renter is inclusive of those who actually book with OBO as well as their travel companions, guests, minors, or other invitees.
Owners offer accommodations (“Accommodations”) through listings (“Listings”). You must register an account to access and use many features of the OBO Suite, and must keep your account information accurate. We may offer options to non-account holding Users in our sole discretion. As the provider of the OBO marketplace suite (“OBO Suite”), OBO does not own, control, offer or manage any Listings, information, or ancillary features or services. OBO is not a party to the contracts entered into directly between Owners and Renters, nor is OBO a real estate broker, travel agency, or insurer. OBO is not acting as an agent in any capacity for any User, except as specified in the Payment Terms of Service (“Payment Terms”). The Listings and all information and ancillary services provided are sometimes collectively referred to as Owner Offerings.
We maintain other terms and policies that supplement these Terms. Our other terms are specifically incorporated by reference in these Terms.
If you are a Owner, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Owner Offerings. If you are a Renter, you are responsible for understanding and complying with all laws, rules, regulations, and contracts applicable to the Owner Offering, including Listing specific Rules and Regulations.
1. OBO Owners
1.1 Contracting with Renters. When you accept a booking request, or receive a booking confirmation through the OBO Suite, you are entering into a contract directly with the Renter, and are responsible for delivering your Owner Offering under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like OBO’s Service Fee, and applicable taxes for each booking. OBO will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Renters must: (i) be consistent with these Terms, and additional terms, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
1.2 Independence of Owners. Your relationship with OBO is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of OBO, except that OBO and\or its third party payment processors acts as a payment collection agent as described in our Payments Terms. OBO does not direct or control your Listings or Owner Offerings, and you agree that you have complete discretion whether and when to provide Owner Offerings, and at what price and on what terms to offer them.
1.3 OBO’s Listing Insights. OBO is committed to characterizing Accomodations in a whole new way that allows Owners to showcase outdoors activities and pursuits in close proximity to the Accommodation. OBO may from time to time offer aid and insights into your Listing regarding the content of the listing, the Pursuits available around your Listing, the Species available around your Listing, or other insights (“Listing Insights”). You expressly agree and acknowledge that any Listing Insights from OBO, its agents, employees, contractors, or affiliates does not in any way infringe on the independence of OBO and the Owners. Such Listing Insights, if provided, are offered as a mere convenience for which no consideration is exchanged for any insights, advice, or other information.
2 Managing Listings.
2.1 Creating and Managing Your Listing. The OBO Suite provides you with the ability to create a listing. Your Listing must include complete and accurate information about your Accomodation and the Owner Offering, your price, other charges like cleaning fees, pet fees, and any rules or requirements that apply to your Renters or Listing. You are responsible for keeping your Listing information, calendaring, photos, and content up-to-date and accurate at all times. Inaccurate information (such as inaccurate bedroom count) is a breach of these terms and warrant immediate termination of your Listing(s).
2.2 Insuring Your Listing and Notice to Insurers. It is your responsibility to maintain insurance on your property including your Accommodation and you warrant that at all times you advertise your Listing on OBO that you have and will have sufficient insurances in place to account for property, property damage, casualty, personal injury, and general liability. Moreover, at the time of registering and advertising your Listing, you represent and warrant that your insurer is aware that your property, including your Accommodation, are being offered for rent.
2.3 Know Your Legal Obligations. You are responsible for Knowing and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Owner Offerings. These obligations may include but are not limited to Landlord agreements, lease agreements, homeowner and condominium association rules, and\or prohibitions subletting, short-term rentals and/or longer-term stays. Some jurisdictions have laws that restrict the short-term rental of residential properties. Some jurisdictions require Owners to register, get a permit, or obtain a license before engaging in rentals. In some places, the services you want to offer may be prohibited altogether. Some localities laws require that you register Renters who stay at your Accommodation, and some have laws that may create rights for Renters and additional obligations for Owners.
Check your local ordinances, laws, rules, and statutes before listing. You are responsible for handling and using personal data of Renters and others in compliance with applicable privacy laws and these Terms, including our incorporated additional agreements.
Please consult an attorney with any questions you may have.
2.4 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to facilitate or participate in providing your Accommodation and Owner Offerings. You are responsible for setting the Listing price and establishing rules, conditions, and requirements for your Listing.
You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the OBO Suite. Do not contact Renters outside of the OBO Suite.
2.5 Owner’s Authority. If you work with another person or corporation as part of a team, business, or other organization, the entity (and their associated persons) who participates in providing Owner Offerings is responsible and liable as a Owner under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts on behalf of the Owner, and that each entity you use is properly licensed and in good standing. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct OBO to transfer a portion of your Payout to another individual or entity or other Owners, or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
2.6 Your Assumption of Risk. You acknowledge that the activities you engage in as an Owner carry inherent risks and agree that you assume the entire risk arising out of your access to and use of the OBO Suite, Owner Offerings, or any interaction you have with other Users whether in person or online. You agree that you have had the opportunity to investigate the OBO Suite and any laws, rules, regulations, or obligations that may be applicable to your Listings or Owner Offerings and that you are not relying upon any statement of law made by OBO.
3 Taxes
3.1 Owner Taxes. As a Owner, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable sales, VAT, or other indirect taxes, occupancy taxes, tourist, income, or other taxes (“Taxes“). Please see our Fees and Taxes Policy.
4. Searching and Booking on OBO.
4.1 Searching. You can search for Owner Offerings by using criteria typical of other platforms like the type of Owner Offering, travel destination, travel dates, and number of Renters. In addition, the OBO Suite allows you to search by Species, Pursuit, or Experience. You may also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. OBO is committed to consistently refining our search results based on these criteria.
4.2 Booking. When you book a Listing, you are agreeing to pay all charges for your Booking including the Listing price, applicable fees like OBO’s Service Fees, Cleaning Fees, and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that OBO, internally and\or via its third party processors, may charge the Payment Method used to book the Listing in order to collect Damage Claim amounts. When you receive the booking confirmation, a contract for Owner Offerings (a “Booking”) is formed directly between you and the Owner. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Booking, including without limitation, the Cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Booking. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to Booking a Listing.
4.3 Booking as a License. An Accommodation Booking is a limited license to enter, occupy, and use the Accommodation. The Owner retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Owner, and (iii) consistent with applicable law. If you stay past checkout, the Owner has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Renters.
5. Cancellations, Travel Issues, Refunds and Booking Modifications.
5.1 Cancellations, Travel Issues, and Refunds. In general, if a renter Cancels a Booking, the amount refunded to you is determined by our Cancellation Policy. If the Owner cancels, or you experience certain extenuating circumstances, you may be eligible for rebooking assistance or a partial or full refund, pursuant to our Rentsafe Guarantee.
5.2 Booking Modifications. Renters and Owners are responsible for any booking modifications they agree to make via the OBO Suite or direct OBO customer service to make on their behalf (“Booking Modifications“), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification. In the event of a Booking Modification OBO may, but shall have no obligation to, adjust any Service Fee, where the applicable Service Fee would be increased or decreased based on the duration of stay due to the Modification.
6. Your Responsibilities and Assumption of Risk.
6.1 Renter Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accomodation or Owner Offering. For example, this means: (i) you are responsible for leaving an Accommodation in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts necessary to cover damage that you, your Renter(s), or your pet(s) cause to an Accommodation, and (iii) you must comply with applicable laws at all times. If you are booking for an additional Renter who is a minor, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
6.2 Renters’ Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the OBO Suite and any Content including your stay at any Accommodation or Owner Offering, or any other interaction you have with other Users whether in person or online. This means it is your responsibility to investigate an Accomodation and Owner Offering to determine whether it is suitable for you.
7. Reviews.
After each Owner Offering, Renters and Owners may have an opportunity to review each other. Your Review shall not contain any discriminatory, offensive, defamatory, or other language. OBO may, but has no obligation to, remove any inaccurate, defamatory, derogatory or other review for any reason and in its sole discretion. Please see OBO’s Nondiscrimination Policy for more guidance.
8. Content.
Parts of the OBO Suite may allow you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By submitting Content, in whatever form and through whatever means, you grant OBO a non-exclusive, royalty-free, irrevocable, perpetual, and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise, that Content, without limitation. This includes the right to sub-license any Content.
9. Fees.
OBO may charge fees (and applicable Taxes) to Owners and Renters for the right to use the OBO Suite. More information about when service fees can be found in our Fees and Taxes Policy. Except as otherwise provided on the OBO Suite, service fees are non-refundable. OBO reserves the right to change the service fees at any time, and will provide Users notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate your use of the OBO Suite.
10. Reporting Violations. If you believe that a User, Listing or Content poses a risk of harm to a person or property, you should immediately contact local authorities and subsequently contact OBO. In addition, if you believe that a User, Listing, or Content has violated these Terms, you should report your concerns to OBO. Except as required by law, you agree that we are not obligated to take action in response to any action, report, or complaint.
11. Termination, Suspension and other Measures.
11.1 Term. The agreement between you and OBO evidenced by these Terms is effective when you access the OBO Suite and remains in effect until either you or OBO terminate the agreement in accordance with these Terms.
11.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. OBO may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. OBO may also terminate this agreement immediately and without notice and stop providing access to the OBO Suite if you breach these Terms, you violate applicable laws, or we reasonably believe termination is necessary to protect OBO, its Users, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
11.3 Removal of Listings. OBO reserves the right to remove any Listing after thirty (30) days notice for any reason.
11.4 Additional Measures for Violations. If termination would be warranted pursuant to Section 11.2, OBO may in its sole discretion:
For minor violations or where otherwise appropriate as OBO determines in its sole discretion, you will be given notice of any intended measure by OBO and an opportunity to resolve the issue. If a Booking is canceled under this Section, the amount paid to the Owner will be reduced by the amount we refund or otherwise provide to the Renter, and by any other costs we incur as a result of the cancellation.
11.5 Legal Mandates. OBO may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described herein.
11.6 Effect of Termination. If you are a Owner and terminate your OBO account, any confirmed booking(s) will be automatically canceled and the Renters will receive a full refund. If you terminate your account as a Renter, any confirmed booking(s) will be automatically canceled and any refund will depend upon the terms of the Booking’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. You may not register a new account if your account is suspended or has been terminated by OBO.
11.7 Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement.
12. Modification.
OBO may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the OBO Suite. We will also provide Users with notice of any material changes at least 30 days before the date they become effective by posting the same on our website. If you disagree with the modified Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the modified Terms become effective, your continued access to or use of the OBO Suite will constitute acceptance of the revised Terms.
13. Resolving Complaints, Damage Claims and Rentsafe Guaranty Claims.
13.1 Damage Claims. If an Owner provides valid evidence that you, your Renter(s), or your pet(s)damaged the complaining Owner’s real or personal property, or real or personal property the complaining User is responsible for, including consequential damages, (“Damage Claim“), the complaining User can notify OBO. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if OBO determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, OBO may collect the amount of the Damage Claim from you. You agree that OBO may seek to recover from you under any insurance policies you maintain and that OBO may also pursue against you any remedies it may have available under applicable law, including through collections agency, and/or pursuit of legal or equitable claims against you. You agree to cooperate in good faith, provide any information OBO requests, execute documents, and take further reasonable action, in connection with Damage Claims, User complaints, claims under insurance policies, or other claims related to your provision or use of Owner Offerings.
13.2 Rentsafe Guarantee Claims
If a Renter provides valid evidence that a modification to the Booking is warranted pursuant to the OBO Rentsafe guarantee (“Rentsafe Claim“), the complaining User can notify OBO. The Owner will be given notice and given an opportunity to respond. If OBO determines in its sole discretion that the Rentsafe Claim is valid, OBO shall have the option to modify the Booking and find a Substitute Accommodation or refund the Renter. Owners agree to cooperate in good faith, provide any information OBO requests, execute documents, and take further reasonable action, in connection with a Rentsafe Claim. If a Booking is modified under this Section, the Owner shall only be entitled to compensation for nights the Accommodation was occupied and such modification shall be deemed an Owner Cancellation.
14. OBO’s Role.
We offer you the right to use the OBO Suite that enables Users to publish, offer, search for, and book Owner Offerings. We do not and cannot control the conduct of Users. You acknowledge that OBO has the right, but does not have any obligation, to monitor the use of the OBO Suite and verify information provided by our Users.
15. User Accounts.
You must register an account to access and use many features of the OBO Suite. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the OBO Suite under applicable law. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify OBO if you suspect that your account is compromised.
As permitted under applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
16. Disclaimer of Warranties.
We provide the OBO Suite and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. We do not warrant the existence, conduct, performance, safety, quality, legality or suitability of any Renter, Owner, Owner Offering, Listing or third party; (ii) we do not warrant the performance the OBO Suite; and (iii) we do not warrant that verifications or background checks conducted on Users (if any) will identify or prevent future misconduct. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
17. Limitations on Liability.
Neither OBO (including its employees, contractors, affiliates, and vendors) nor any other party involved in creating, producing, or delivering the OBO Suite or any content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the OBO Suite or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the OBO Suite, or (iv) publishing or booking of a Listing, including the provision or use of Owner Offerings, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not OBO has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
Except for our obligation to transmit payments to Owners under these Terms and the Payment Terms, in no event will OBO’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Users, or your use of or inability to use the OBO Suite, any Content, or any Owner Offering, exceed: (A) to Renters, the amount you paid as a Renter during the 12-month period prior to the event giving rise to the liability, (B) to Owners, the amount paid to you as a Owner in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100).
These limitations of liability and damages are fundamental elements of the agreement between you and OBO. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
18. Indemnification.
To the maximum extent permitted by applicable law, you agree to release, defend (at OBO’s option), indemnify, and hold OBO (including OBO employees, contractors, other affiliates, and other affiliate’s personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees and costs of court, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature); (ii) your improper use of the OBO Suite, (iii) your interaction with any User, stay at an Accommodation, or Owner Offerings, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
19. Governing Law and Venue.
These Terms will be interpreted in accordance with the laws of the State of Georgia. Judicial proceedings that are excluded from the arbitration agreement these Terms must be brought in either State Court in Glynn County, Georgia or Federal Court in the Southern District of Georgia, Brunswick Division.
20. Dispute Resolution and Arbitration Agreement.
20.1 Mandatory Pre-Arbitration Dispute Resolution and Notification. Not less than 30 days prior to initiating an arbitration, you and OBO each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate a resolution. You must send your notice of dispute to OBO by mailing it to our Registered Agent for service. OBO will send its notice of dispute to the email address associated with your OBO account. A notice of dispute must include: the party’s name and contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, either party may commence arbitration by filing a written Demand for Arbitration and providing a copy to the other party as specified in the AAA Rules.
21.2 Agreement to Arbitrate. You and OBO mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the OBO Suite, Owner Offerings, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and OBO agree that the arbitrator will decide that issue.
21.3 Exceptions to Arbitration Agreement. You and OBO each agree that the following claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances, or (iii) any individual claim of sexual assault or sexual harassment arising from your use of the OBO Suite or Owner Offerings.
21.4 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect.
21.5 Arbitrator’s Decision. 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 with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
21.6 Jury Trial Waiver. You and OBO acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
21.7 No Class Actions or Representative Proceedings. You and OBO acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or remedy, and only that claim, cause of action or remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction.
21.8 Severability. Except as provided in hereinabove, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
21.9 Survival. Except as expressly provided herein this Section will survive the termination of these Terms.
22. Miscellaneous.
22.1 Other Terms and Policies Incorporated by Reference. Our and other supplemental policies and terms linked to in these Terms apply to your use of the OBO Suite, are incorporated by reference, and form part of your agreement with OBO. Such Terms and Policies include but are not limited to: Payment Terms and Conditions of Service; Fees and Taxes Policy; Nondiscrimination Policy; OBO’s Rentsafe Guarantee; Cancellation and Refund Policy; Copyright Policy and, Privacy Policy.
22.2 Interpreting these Terms. Merger. Except as they may be supplemented by additional terms or policies, these Terms constitute the entire agreement between OBO and you pertaining to your access to or use of the OBO Suite. These Terms do not and are not intended to confer any rights or remedies upon anyone other than Users and OBO. If any portion of these Terms is held to be invalid or unenforceable, such Portion will be struck and will not affect the validity and enforceability of the remaining provisions.
22.3 No Waiver. Remedies Cumulative. OBO’s failure to enforce any Terms, rights or remedies contained or referenced herein will not constitute a waiver of Terms, rights, or remedies. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
22.4 Transfer and Assignment. OBO may assign, transfer or delegate the agreement contained within these Terms and any rights and obligations hereunder, without limitation and at its sole discretion, with 30 days’ prior notice.
22.5 Notice. Unless otherwise provided, all notices or other communications to Users permitted or required under this agreement, will be provided electronically and given by OBO via email, OBO Suite notification, SMS, or any other contact method reasonably anticipated to deliver such notice to you.
22.6 Third-Party Providers. The OBO Suite may contain links to third-party providers (“Third-Party Providers”) or otherwise utilize Third-Party Providers that are not subject to these Terms. OBO is not responsible or liable for any aspect of such Third-Party Provider.
22.7 OBO Suite Content. Content made available through the OBO Suite may be protected by copyright, trademark, and/or other laws of the United States. You acknowledge that all intellectual property rights for that Content are the exclusive property of OBO and/or its licensors and agree that you will not remove or alter any of OBO’s intellectual property. You may not use, copy, adapt, distribute, sell or derive any Content accessed through the OBO Suite except to the extent you are the owner of that Content or as expressly permitted in these Terms.
22.8 Force Majeure. OBO shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or other limitations of transportation facilities, fuel, energy, labor or materials.
22.9 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your OBO account. OBO may from time to time also contact you via SMS, when you have consented to receive communications via SMS.
22.10 Contact Us. If you have any questions about these Terms please email us here.
