Savvy Terms of Use
Effective: August 4, 2026
1. Introduction
1.1 This Terms of Use Agreement (this "Agreement") is a legal agreement between you, either individually or on behalf of your corporation, partnership, sole proprietorship, or other business entity ("you" or "your"), and finderco, LLC, its affiliates, and each of their respective successors and assigns (collectively, "finderco," "Savvy," "we," "us," or "our"), governing your use of (i) the Savvy website accessible via http://www.savvy.com and all other websites, social media accounts, and other online products and services offered by finderco, (ii) any mobile application operated by finderco, (iii) the content contained in any of the foregoing, and (iv) any offline components provided by finderco for use in connection therewith (collectively, the "Service"). Savvy was formerly known as bnbfinder. If you created an account under the bnbfinder name, this Agreement governs your continued use of the Service. If you have entered into a separate written and signed agreement with finderco, that agreement supersedes, governs, and controls with respect to any conflicting term or provision in this Agreement.
1.2 finderco offers an online venue that enables users of its Service ("Members") to publish, offer, search for, and book the temporary rental of real property (each a "Property"). Members who are innkeepers, property managers, homeowners, or other parties who publish or offer Properties through the Service are "Hosts," and Members who search for, book, or rent Properties are "Guests." Each offering of a Property through the Service is a "Listing," and each booking of a Listing is a "Reservation."
1.3 THE SERVICE PROVIDES AN ADVERTISING AND LISTING PLATFORM THROUGH WHICH GUESTS CAN FIND TEMPORARY LODGING FROM HOSTS. FINDERCO DOES NOT OWN, CONTROL, OFFER, OR MANAGE ANY LISTING OR PROPERTY, DOES NOT PROCESS PAYMENTS FOR RESERVATIONS OR COLLECT THE ACCOMMODATION CHARGE, AND IS NOT A PARTY TO THE RENTAL CONTRACT BETWEEN A GUEST AND A HOST. PAYMENT FOR A RESERVATION IS ARRANGED AND MADE DIRECTLY BETWEEN THE GUEST AND THE HOST. ANY AGREEMENT BETWEEN A GUEST AND A HOST, INCLUDING TERMS RELATING TO PAYMENT, THE QUALITY, CONDITION, SAFETY, OR LEGALITY OF A PROPERTY, THE TRUTH OR ACCURACY OF A LISTING, OR A GUEST'S ABILITY TO OCCUPY A PROPERTY, IS SOLELY THE RESPONSIBILITY OF THE GUEST AND THE HOST. FINDERCO IS NOT A REAL ESTATE BROKER, TRAVEL AGENCY, PAYMENT PROCESSOR, OR INSURER, AND IS NOT ACTING AS AN AGENT FOR ANY HOST OR GUEST.
1.4 ARBITRATION NOTICE. SECTION 5.20 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS-ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 5.20.
1.5 BY USING THE SERVICE, OR BY CLICKING TO ACCEPT THIS AGREEMENT, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT AND FINDERCO'S PRIVACY POLICY, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE.
2. Guest Terms
2.1 License Grant
Subject to this Agreement, finderco grants you a limited, non-exclusive, non-transferable license to access and use the Service for your own purposes. This license is conditioned on your continued compliance with this Agreement, finderco's Privacy Policy, and applicable law.
2.2 Eligibility
By using the Service, you represent and warrant that you (i) are at least 18 years old, (ii) are of legal age to form a binding contract, and (iii) have not been previously removed or suspended from the Service by finderco.
2.3 Reservations
By making a Reservation, you agree that the Reservation is a contract between you and the Host, and that finderco is not a party to that contract. Payment for the Reservation is made directly to the Host or the Host's designated processor, not to finderco. You are responsible for complying with the terms of the Reservation, including any payment terms, cancellation policy, and Property rules, which it is your responsibility to read before booking.
2.4 Property Reservations
A Reservation for a Property includes a limited license to enter, occupy, and use the Property for a designated period. The Host may retain the right to re-enter the Property during your stay to the extent (i) reasonably necessary, (ii) permitted by your contract with the Host, and (iii) consistent with applicable law.
2.5 Restrictions
If you stay past checkout, the Host may require you to leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of guests allowed by the Reservation or identified in the Listing.
2.6 Pricing; No Hidden Fees
Hosts set the prices for their Listings, and finderco does not add a Guest-facing service fee to a Host's price. When the Service displays, offers, or advertises a price for a Property, it will display the total price known to us at that time, inclusive of all mandatory fees and charges set by the Host that we can calculate, and it will display that total price more prominently than any other pricing information. Government charges and taxes, and any fees for optional goods or services (including any separately offered insurance product) that you choose to add, may be shown separately and, where not included in the displayed total, will be disclosed to you before you complete your booking. finderco will not misrepresent any fee or its refundability. finderco is not responsible for a Host's failure to disclose or honor its own prices, fees, or charges.
2.7 Cancellations and Refunds
If you cancel a Reservation, the amount refunded is determined by the cancellation policy that applies to that Reservation, which is set by the Host. Because finderco does not collect the accommodation charge or process payment for Reservations, any refund is issued by the Host, and finderco has no responsibility or liability for the payment of any refund. If you have a payment or refund dispute, you must resolve it directly with the Host. Any separately purchased insurance product is governed by its own terms, including its own cancellation and refund provisions.
2.8 Term; Termination; Suspension of Service
The term of this Agreement commences on your first use of the Service and continues through your subsequent use. Any unauthorized use of the Service is a material breach. finderco may, in its discretion, terminate or suspend your password, account, or use of the Service at any time, including if you breach this Agreement. If your account is terminated or suspended, you are not entitled to restoration of your account or User Content, and you may not register a new account or use the Service through another Member's account. Termination does not relieve you of amounts owed for completed transactions.
2.9 Assumption of Risk
YOU ACKNOWLEDGE THAT TRAVEL AND LODGING 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 SERVICE AND ANY PROPERTY, INCLUDING YOUR STAY AT ANY PROPERTY. IT IS YOUR RESPONSIBILITY TO INVESTIGATE A PROPERTY BEFORE BOOKING TO DETERMINE WHETHER IT IS SAFE AND SUITABLE FOR YOU AND THOSE TRAVELING WITH YOU.
2.10 Gift Certificates / Redemption Products
Physical and electronic gift certificates and gift cards ("Redemption Products") sold by finderco may be redeemed at participating properties in the United States and its territories, Canada, and Mexico (each, a "Participating Property") for designated services, in accordance with this Agreement. Redemption Products are not redeemable for cash except where required by applicable law. Redemption Products do not expire except to the minimum extent permitted by applicable law, and finderco will not impose dormancy, inactivity, or service fees except as permitted by applicable law. Before planning a stay using a Redemption Product, it is your responsibility to verify the then-current qualifying services and Participating Properties. Additional Redemption Product terms: an advance Reservation is required; Redemption Products are subject to availability; you must provide the order and Redemption Product numbers when booking and present the Redemption Product at check-in (you may be asked for photo ID); all policies of the Participating Property apply; you are responsible for taxes, gratuities, and assessments; and finderco is not responsible for lost or stolen Redemption Products except to the extent required by applicable law. finderco may modify these Redemption Product terms prospectively except where prohibited by applicable law.
2.11 Friends and Family Pages
If you use the Friends and Family Page section of the Service (the "Friends and Family Page" refers to listings created and shared privately by Hosts outside of finderco's standard review process), you acknowledge that the Friends and Family Page, the Property, and the Host have not been reviewed or approved by finderco, that the Friends and Family Page may contain errors or omissions, and that the Host has not been screened by finderco. You assume the entire risk arising out of your use of any Friends and Family Page, including your stay at the Property, and it is your responsibility to investigate the Property before booking.
3. Host Terms
3.1 License Grant
Subject to this Agreement, finderco grants you a limited, non-exclusive, non-transferable license to access and use the Service solely to list Properties. This license is conditioned on your continued compliance with this Agreement, finderco's Privacy Policy, and applicable law.
3.2 Listings
All Listings are subject to review by finderco to confirm they are appropriate for Guests and comply with this Agreement. finderco has no obligation to review Listings and assumes no liability for any review or failure to review any Listing or Property.
3.3 Restrictions
You may maintain only one Listing per Property unless there are multiple places to stay on a single Property. Your Listing must include complete and accurate information about your Property, including (i) all pricing information, such as nightly rates, cleaning fees, resort fees, and other applicable charges, and (ii) any rules or requirements that apply to Guests, the Listing, or the Property. You are responsible for keeping your Listing, including availability and pricing, accurate and up to date at all times, and for ensuring that the prices and fees you set enable finderco to present accurate pricing under Section 2.6.
3.4 finderco's Rights with Respect to Your Listings
finderco may accept or reject any Listing for any reason or no reason at any time. Your Listing is a paid advertisement and not an endorsement by finderco. finderco may remove Listings that contain false or misleading information or that finderco deems inappropriate for the Service.
3.5 Rate Availability
You may set your own prices for your Listings. You agree to honor the price and terms displayed to a Guest at the time a Reservation is confirmed.
3.6 Contracting with Guests
When you accept a booking request or receive a booking confirmation through the Service, you enter into a Reservation directly with the Guest, and you are responsible for delivering your Property under the terms and at the price specified in the Listing at the time the Reservation is formed, and for arranging payment and any refunds directly with the Guest. Any supplemental terms you impose on Guests must (i) be consistent with this Agreement, applicable law, and your Listing, and (ii) be prominently disclosed in your Listing. You shall obtain and maintain appropriate insurance for your Properties, including commercial general liability insurance with coverage limits reasonably sufficient to cover the risks associated with your Listings, and shall provide evidence of such insurance upon finderco's request.
3.7 Cancellations and Travel Issues
You must post your cancellation, refund, and related policies clearly and conspicuously, comply with them, and not deny any Guest the benefit of the applicable policy without the Guest's consent. Because finderco does not process payments for Reservations, you are responsible for issuing any refunds due under your applicable policy directly to the Guest.
3.8 Listing as a Team or Organization
If you work with a co-owner or as part of a team, business, or organization, that entity and each participating individual is responsible and liable as a Host. If you accept terms or enter into contracts, you represent that you are authorized to bind your team, business, or organization, and that each such entity is in good standing and in compliance with applicable law.
3.9 Compliance with Laws
You are responsible for understanding and complying with all laws, rules, regulations, registration and permit requirements, and third-party agreements that apply to your Listing and your Property, including short-term-rental registration, licensing, zoning, tax, and guest-registration requirements, and any homeowner-association or lease restrictions. Some jurisdictions, including New York City, require a Host to register a short-term rental and require booking platforms to verify that registration before a booking may proceed. You agree to provide any registration numbers, permits, or other information finderco requires to comply with these laws, and you acknowledge that finderco may decline to publish a Listing or decline to allow a booking to proceed where required by applicable law. If you have questions about how local laws apply, you should seek legal advice.
3.10 Term; Termination; Suspension of Service
The term of this Agreement commences on your first use of the Service and continues until terminated as set forth herein. finderco may terminate or suspend your password, account, or use of the Service if you breach this Agreement or the Privacy Policy, and may terminate any account at any time in its discretion. Termination does not relieve you of accrued obligations, including accrued and unpaid subscription fees and Booking Commissions for Reservations confirmed before termination.
3.11 Subscription Fees and Booking Commission
(a) Subscription fees. finderco may charge a periodic subscription fee for access to certain plans, as selected by you during onboarding or account management. Subscription fees, billing frequency, and plan features are described at the point of sale and in your account. Subscription fees are billed in advance and, except as required by applicable law or expressly stated, are non-refundable once a billing period begins.
(b) Booking Commission. finderco charges a booking commission of five percent (5%) of the total booking value (the "Booking Commission") on Reservations facilitated through the Service, calculated on the total amount charged by the Host to the Guest for the Reservation, excluding taxes and any separately purchased insurance product. The Booking Commission applies across subscription plans, including any free plan. The Booking Commission accrues when a Reservation is confirmed and is invoiced to, and payable by, the Host. Because finderco does not collect the accommodation charge, the Host remits the Booking Commission to finderco on the terms and schedule stated in the Host's account. If a Reservation is cancelled or refunded, the Booking Commission is adjusted or reversed on a corresponding basis, and finderco may credit or set off the adjustment against current or future amounts owed.
(c) Application and changes. The Booking Commission applies only to Reservations confirmed on or after the date you accept the Terms that introduce it, and is not applied retroactively to Reservations confirmed before your acceptance. finderco may change subscription fees or the Booking Commission rate only prospectively and upon at least thirty (30) days' prior notice; the change will not affect Reservations confirmed, or subscription periods already paid, before the change takes effect, and your continued use after the effective date (or your acceptance where required by Section 5.17) constitutes agreement to the change.
3.12 Subscription Auto-Renewal and Cancellation
Paid subscriptions renew automatically. When you purchase a paid subscription, finderco will disclose the recurring charge, the billing frequency, and the cancellation method clearly and conspicuously before you subscribe, and you will provide affirmative consent to the recurring charge. Your subscription will automatically renew at the then-current price at the end of each billing period, and finderco will charge your payment method on file, until you cancel. You may cancel at any time, online and through the same medium you used to subscribe, through your account settings. Cancellation takes effect at the end of the current billing period; you retain access through that period, and, except as required by applicable law, subscription fees already charged are non-refundable. Where required by applicable law, finderco will send renewal reminders and acknowledgments of your subscription and cancellation.
3.13 Taxes
finderco does not collect the accommodation charge and does not act as a marketplace facilitator, and, except where finderco is required by applicable law to collect and remit a tax on its own fees or on a Reservation, each Host is solely responsible for determining, collecting, reporting, and remitting all applicable taxes (including sales, use, occupancy, tourist, lodging, VAT, income, and similar taxes) arising from its Listings and Reservations. finderco is responsible for any taxes on its own subscription fees or Booking Commission only to the extent required by applicable law. You are responsible for any tax obligations that may arise in jurisdictions where the characterization of finderco's services is unsettled. You agree to provide finderco with any tax information it reasonably requests, and finderco may issue any information returns required of it by law.
3.14 Assumption of Risk
YOU ACKNOWLEDGE THAT RENTING YOUR PROPERTY CARRIES INHERENT RISKS AND AGREE THAT YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE, ALLOWING THIRD PARTIES TO ACCESS YOUR PROPERTY, OR ANY INTERACTION WITH OTHER PARTIES USING THE SERVICE. YOU AGREE THAT YOU HAVE HAD THE OPPORTUNITY TO INVESTIGATE ANY LAWS OR OBLIGATIONS APPLICABLE TO YOUR LISTINGS AND THAT YOU ARE NOT RELYING ON ANY STATEMENT OF LAW BY FINDERCO.
3.15 Gift Cards / Redemption Products (Hosts)
If your Listing is located in the United States, Canada, or Mexico, you may elect to participate as a Participating Property in finderco's Redemption Product program. When a Guest presents a Redemption Product, you must submit the required information to finderco for payment and may elect payment by check or ACH. finderco will pay the redeemed amount within 15 business days after receipt of complete and accurate required information, subject to finderco's right to withhold or delay payment as reasonably necessary to address suspected fraud or disputes, and may retain a portion as compensation for its marketing and administrative services, with notice of any amount retained. All policies of the Participating Property apply, and each Participating Property is responsible for collecting applicable taxes from the Guest. finderco will administer Redemption Products consistent with the CARD Act and applicable state law, including limits on expiration and fees.
4. General Terms
4.1 Restrictions on License Grant
Your use of the Service is limited to the license granted in this Agreement. You acknowledge that the Service comprises valuable trade secrets and confidential information of finderco and its licensors. Except as authorized in this Agreement or in writing, you shall not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or grant a security interest in the Service or any information or materials made available to you in connection with the Service (the "Information"), or use the Service as part of a service bureau or managed-services arrangement; (ii) copy, republish, upload, transmit, or distribute the Service or the Information; (iii) modify, translate, adapt, decompile, disassemble (except where applicable law prohibits this restriction), or create derivative works from the Service or the Information; (iv) create links to, or frame or mirror, the Service; (v) access the Service to build a competitive product or copy its features; (vi) access the Service if you sell or provide any service that competes with finderco; (vii) attempt to gain unauthorized access to, probe, or test the vulnerability of any finderco system or account; (viii) interfere with or disrupt the Service or impose an unreasonable load on it; (ix) falsify headers or impersonate any person or entity; (x) post falsified Listings, switch Guests between properties without consent, or misrepresent a Host or Property; or (xi) use the Service if you are located in, or are a national of, any country or region subject to comprehensive U.S. sanctions or embargoes, or if you appear on any U.S. export or sanctions list. If actual damages from a violation of this Section cannot reasonably be calculated, you agree to pay finderco liquidated damages of $100 per violation or the maximum permitted by applicable law, whichever is greater; otherwise you agree to pay finderco's actual damages.
4.2 Member Violations
If (i) you breach this Agreement or the Privacy Policy, (ii) you violate applicable law or third-party rights, or (iii) finderco reasonably believes it is necessary to protect finderco, its Members, third parties, or the Service, finderco may, with or without prior notice, suspend or limit your access or account; suspend or remove Listings, reviews, or User Content; or suspend or revoke any special status. For minor violations, or where otherwise appropriate, finderco will give notice and an opportunity to cure.
4.3 Account Obligations and Access
You shall (i) notify finderco immediately of any unauthorized use of your account or any breach of security; (ii) use reasonable efforts to stop any unauthorized copying or distribution of User Content; (iii) notify finderco when you no longer require access; and (iv) keep your profile and Listing information current. You are responsible for your login credentials and for all activity that occurs under them, and you agree to keep them confidential. finderco may block access from certain IP addresses to protect the Service.
4.4 Intellectual Property Ownership
All right, title, and interest in the Service, including all technology, trade secrets, copyrights, patents, trademarks, and trade dress, and any derivative works, belong solely to finderco or its licensors, and you acquire no ownership rights. All content and materials that are part of the Service (the "Works") are protected by intellectual-property laws, and you may not exploit any of the Works except as expressly permitted. You acknowledge that unauthorized use or copying may cause finderco irreparable injury for which it may seek injunctive relief.
4.5 Trademarks
"finderco," "Savvy," "bnbfinder," and associated names, logos, and marks are trademarks of finderco and may not be used without finderco's prior written permission. The look and feel of the Service constitutes finderco's trade dress and may not be copied or imitated.
4.6 User Content
You retain ownership of content you submit to the Service ("User Content"), and you grant finderco a worldwide, non-exclusive, royalty-free, sublicensable license to host, use, reproduce, display, and distribute your User Content in connection with operating and promoting the Service. You represent that you have the rights necessary to grant this license and that your User Content does not violate any law or third-party right.
4.7 Representations and Warranties
Each party represents that it has the legal power and authority to enter into this Agreement. You represent that you have not provided false information to access the Service, and, if you are entering into this Agreement on behalf of an entity, that you have authority to bind that entity. You agree to comply with all applicable laws in connection with your use of the Service, including those relating to taxes, payment cards, data and privacy, permits and licensing, safety, and anti-discrimination and fair housing.
4.8 Legal Mandates
finderco may take any action it determines reasonably necessary to comply with applicable law or the order or request of a court, law-enforcement, or governmental authority.
4.9 Indemnification
You shall defend, indemnify, and hold harmless finderco, its affiliates, and their respective owners, directors, officers, employees, and agents from any losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (i) your use of or inability to use the Service; (ii) your interactions with other users; (iii) the publishing of a Listing, booking of a Property, or formation of a Reservation, including any payment, refund, or tax dispute between a Guest and a Host; (iv) your breach of this Agreement or of any law or third-party right; (v) any bodily injury, death, or property damage resulting from your acts or omissions; and (vi) any claim that your User Content infringes a third party's rights.
4.10 Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND FINDERCO AND THE FINDERCO PARTIES DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, AND NON-INTERFERENCE. FINDERCO DOES NOT WARRANT THAT THE SERVICE WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, OR ERROR-FREE, OR THAT IT WILL MEET YOUR REQUIREMENTS. HOSTS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF FINDERCO, AND FINDERCO IS NOT LIABLE FOR THE ACTS, ERRORS, OR OMISSIONS OF ANY HOST OR GUEST, FOR ANY PAYMENT OR REFUND BETWEEN THEM, OR FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING THEREFROM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME EXCLUSIONS MAY NOT APPLY TO YOU.
4.11 Interruption of Service
You agree that the systems used to access the Service may be unpredictable and may interfere with the Service from time to time, and that finderco is not liable for any such interference. finderco may perform scheduled or unscheduled maintenance that degrades or interrupts the Service, and provides no assurance of advance notice; any interruption shall not give rise to a refund or credit except as required by applicable law.
4.12 Force Majeure
finderco shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, emergencies, riots, transportation disruptions, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics or epidemics, strikes, or shortages of transportation, fuel, energy, labor, or materials.
4.13 Relationship of Parties / Waiver
No joint venture, partnership, employment, or agency relationship exists between any Guest or Host and finderco as a result of this Agreement or use of the Service. finderco's failure to enforce any provision is not a waiver unless made in writing.
4.14 Links
The Service may link to third-party sites or resources. finderco is not responsible for the availability or content of those sites and is not liable for any loss arising from your use of or reliance on them.
4.15 finderco's Affiliates
Listings on the Service may originate through one or more of finderco's affiliates or channel partners. finderco does not control affiliate content and is not responsible for the availability, accuracy, or legal compliance of any affiliate Listing or Property, and the inclusion of an affiliate Listing does not imply endorsement.
4.16 Notice
finderco may give notice by a general posting on the Service, by email to the address in your account, or by mail to the address in your account, and such notice is deemed given 48 hours after mailing or 12 hours after emailing. You may give notice to finderco by nationally recognized overnight delivery or first-class mail to finderco, LLC, 3801 N. Capital of Texas Hwy., Suite 240-308, Austin, Texas 78746, Attn: Contracts Compliance Officer, or as otherwise directed below.
4.17 Changes to this Agreement
finderco may modify this Agreement from time to time. For any change, finderco will provide notice through the Service or by email at least thirty (30) days before the change takes effect, and the change will apply only on a prospective basis. For any change that materially increases your obligations or imposes or increases a fee or payment obligation (including introducing or increasing subscription fees or the Booking Commission), finderco will obtain your affirmative consent (for example, through a click-to-agree acceptance) before the change applies to you, and, for Hosts, before any new or increased fee applies to your Reservations or subscription. If you do not agree to a change that requires your affirmative consent, you may decline and terminate your account as described in Section 4.18, and, for a prepaid subscription, finderco will refund the unused, prorated portion. finderco will maintain and make available the current Agreement with its effective date, and will retain prior versions.
4.18 Right to Decline Changes; Transition
If finderco introduces a new or increased fee and you do not accept it, you may decline within the notice period and terminate your account without penalty. Any prepaid, unused subscription amount will be refunded on a prorated basis, and no new fee will apply to Reservations confirmed before your acceptance. finderco may, in its discretion, apply a transition or grandfathering period to existing Members or Listings, which, if offered, will be described in the applicable notice with a defined end date.
4.19 Assignment; Change in Control
You may not assign this Agreement without finderco's prior written consent. finderco may assign this Agreement without your consent to a parent or subsidiary, an acquirer of assets, or a successor by merger. Any purported assignment in violation of this Section is void.
4.20 Dispute Resolution; Arbitration; Class Waiver
Please read this Section carefully. It requires arbitration of most disputes on an individual basis and limits how you can seek relief.
(a) Informal resolution. Before commencing arbitration, you and finderco agree to try to resolve any dispute informally for 30 days after written notice of the dispute.
(b) Agreement to arbitrate. If the dispute is not resolved, you and finderco agree to resolve any dispute arising out of or relating to this Agreement or the Service by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except as modified here. The arbitration will be held in Travis County, Texas, or, at your election, in your home county or by videoconference. The Federal Arbitration Act governs the interpretation and enforcement of this Section. This Section does not require arbitration of a dispute between a Guest and a Host; it governs disputes between you and finderco.
(c) Delegation. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court decides disputes about the scope or enforceability of the class-action waiver in subsection (e).
(d) 30-day opt-out. You may opt out of this arbitration agreement within 30 days after you first accept this Agreement (or this Section, if later added) by sending written notice of your decision to opt out to arbitration-optout@savvy.com or to the notice address in Section 4.16, stating your name and account. If you opt out, Section 4.21 (governing law and forum) applies to your disputes. Opting out does not affect any other provision of this Agreement.
(e) Class-action waiver. You and finderco agree that each may bring claims only in an individual capacity, and not as a plaintiff or class member in any class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding. If this class-action waiver is found unenforceable as to a particular claim, that claim shall proceed in court under Section 4.21, but the remainder of this Section 4.20 remains in effect.
(f) Mass arbitration. If 25 or more similar demands for arbitration are asserted against finderco by or with the assistance of the same or coordinated counsel, the demands will be administered in staged batches, and the parties will cooperate with the AAA and a process arbitrator to manage them efficiently and to control fees; limitations periods are tolled for demands awaiting a batch.
(g) Small claims; injunctive relief. Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive relief in court to protect intellectual property or confidential information or to stop unauthorized use of the Service.
(h) Fees. The allocation of arbitration filing, administrative, and arbitrator fees is governed by the AAA Consumer Arbitration Rules; finderco will pay any fees the rules require it to pay and will not seek its attorneys' fees from you except where a claim is found frivolous.
(i) Time limit. Any claim must be commenced within one (1) year after it accrues, to the extent permitted by applicable law.
4.21 Governing Law; Forum
This Agreement is governed by Texas law and applicable U.S. federal law, without regard to conflict-of-laws principles. For any dispute not subject to arbitration (including if you opt out under Section 4.20(d) or the class waiver is found unenforceable), the state and federal courts located in Travis County, Texas have exclusive jurisdiction, and you and finderco consent to that jurisdiction and venue, except that either party may seek injunctive relief as provided in Section 4.20(g). Nothing in this Section limits any non-waivable right you may have to bring a claim in your home jurisdiction under applicable law.
4.22 Jury Trial Waiver
To the fullest extent permitted by applicable law, you and finderco waive any right to a trial by jury in any action arising out of or relating to this Agreement or the Service.
4.23 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FINDERCO SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, OPPORTUNITY, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FINDERCO IS NOT LIABLE FOR ANY PAYMENT, REFUND, OR TAX AS BETWEEN A GUEST AND A HOST, WHICH ARE HANDLED DIRECTLY BETWEEN THEM. EXCEPT FOR LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, FINDERCO'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL FEES FINDERCO RECEIVED FROM YOU IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
4.24 Notification of Infringement (DMCA)
finderco complies with the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe your work has been infringed on the Service, send a notice with the information required by the DMCA to finderco's designated Copyright Agent at the address in Section 4.16 or at support@savvy.com. finderco will remove or disable access to allegedly infringing content and notify the alleged infringer, who may submit a counter-notice. There can be penalties for false claims.
4.25 Privacy
finderco's collection and use of personal information is described in the Privacy Policy at https://www.savvy.com/privacy, which is incorporated by reference. By using the Service, you acknowledge the Privacy Policy.
4.26 Severability; Survival
If any provision of this Agreement is held invalid or unenforceable, it will be construed to reflect the parties' intent as nearly as possible, and the remaining provisions will remain in full force and effect. Provisions that by their nature should survive termination, including Sections 2.9, 3.11, 3.13, 3.14, 4.1, 4.4, 4.6, 4.9, 4.10, and 4.20 through 4.26, survive.
4.27 Entire Agreement
This Agreement, together with the Privacy Policy and any plan-specific terms presented to you, is the entire agreement between you and finderco regarding the Service and supersedes prior agreements on that subject. If you and finderco have a separate written, signed agreement, it controls over any conflict with this Agreement.
4.28 Questions
Questions about this Agreement may be sent to info@finderco.com.