Terms and Conditions ACCEPTANCE OF TERMS DayAway Vacation Rentals LLC, (“We”, “Us”, or “Our”, “DayAway Vacation Rentals”) focuses on managing vacation rental properties of owners, renting these accommodations to guests, along with providing management services to owners and guests (“Services”); these services are accessible at www.dayawayvr.com. The real property accommodations themselves, any other websites and other access points through which DayAway Vacation Rentals makes the services available (“Site”). By using the Services, you agree to comply with and be legally bound by the terms and conditions of these Terms and Conditions (“Terms”). These Terms govern your access to and use of the Services (defined below) and constitute a binding legal agreement between you and DayAway Vacation Rentals. Any access to or use of the Services by anyone under 21 is expressly prohibited. FEES DayAway Vacation Rentals provides Services to homeowners and guests, in exchange for a fee. Taxes may also be charged in addition to the fees, which We will remit to the local taxing authority. Balances will be remitted by DayAway Vacation Rentals to Homeowners via the payment methods described in the property management agreement. For certain specific services, DayAway Vacation Rentals will collect service fees from Guests and remit balances due to the local service providers for such services directly. CONDUCT You agree not to engage in any activity that may disrupt or interfere with our Services, including the use of systems and/or software to extract data from our website. You will not violate any local, state, national, or other laws or regulations, or any order of a court, including, without limitation, zoning restrictions and tax regulations. You will not infringe the rights of any person or entity. You will not offer, as a homeowner, any accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party. You will not, when acting as a guest or otherwise, recruit any homeowner or other user to join third party services or websites that are competitive to DayAway Vacation Rentals. You will not use the Services to find a homeowner or guest and then complete a booking of an accommodation transaction independent of the Services in order to circumvent the obligation to pay any fees related to DayAway Vacation Rentals’ provision of the Services. You will not use DayAway Vacation Rentals’s name, Services, trademark, logo or other proprietary information. DayAway Vacation Rentals will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. DayAway Vacation Rentals reserves the right, at any time and without prior notice, to remove or disable access to any content that DayAway Vacation Rentals, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services. FINANCIAL TERMS When a guest chooses to book an accommodation, you agree to accept any terms, conditions, rules and restrictions associated with such accommodation imposed by the homeowner and DayAway Vacation Rentals which are disclosed at the time of booking. RIGHTS You acknowledge and agree that the Services, including all associated intellectual property rights are the exclusive property of DayAway Vacation Rentals. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. DAYAWAY VACATION RENTALS CONTENT DayAway Vacation Rentals grants you a limited, non-exclusive, non-transferable license, to access and view any Content solely for your personal and non-commercial purposes. You do not have the right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by DayAway Vacation Rentals or its licensors, except for the licenses and rights expressly granted in these Terms. USER CONTENT DayAway Vacation Rentals may permit users to post, upload, publish, submit or transmit content. DayAway Vacation Rentals has a irrevocable license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access and view such user content on, through, or by means of the Services. DayAway Vacation Rentals does not claim any ownership rights in any such user content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such user content. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to DayAway Vacation Rentals the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or DayAway Vacation Rentals’s use of the User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. PRIVACY AND CONSENT Your use of our services is also governed by our Privacy Policy, which is incorporated by reference into these Terms and Conditions. By using our services, you consent to the collection, use, and sharing of your information as described in the Privacy Policy. See DayAway Vacation Rentals’s Privacy Policy at https://www.dayawayvr.com/privacy-policy for information and notices concerning DayAway Vacation Rentals’ collection and use of your personal information. CONTACT INFORMATION When you submit contact information through our website, you consent to us collecting and using this information to communicate with you regarding our services. You may also choose to receive SMS messages, and by providing your phone number, you consent to receive such messages. MODIFICATIONS DayAway Vacation Rentals reserves the right, at its sole discretion, to modify these Terms and Conditions, including fees, at any time and without prior notice. If we modify these Terms, we will post the modification on our website at https://www.dayawayvr.com/terms-and-conditions or provide you with notice of the modification. Continued use of our services after any changes constitutes your acceptance of the revised terms. LIABILITY DayAway Vacation Rentals is the short-term/vacation rental property manager of the real estate, not an owner of the real and/or personal property. DayAway Vacation Rentals enters into agreements with guests, homeowners, third party service providers to provide property management services, but DayAway Vacation Rentals has no direct control over the conduct of such parties. In no event shall DayAway Vacation Rentals be liable for any indirect, incidental, special, or consequential damages. You agree that any legal remedy or liability that you seek to obtain for actions or omissions of users or third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from DayAway Vacation Rentals with respect to actions or omissions of such third parties. DISCLAIMER OF WARRANTY Our services are provided “as is” without any warranty, and we disclaim all warranties, express or implied. INDEMNIFICATION You agree to release, defend, indemnify, and hold DayAway Vacation Rentals and its affiliates and subsidiaries, and their officers, directors, employees and agents (specifically including homeowners), harmless from and against any claims, liabilities, damages, losses, and expenses. ENTIRE AGREEMENT These Terms constitute the entire understanding and agreement between DayAway Vacation Rentals and you regarding any and all services. ASSIGNMENT You may not assign or transfer these Terms, by operation of law. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. DayAway Vacation Rentals 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. GOVERNING LAW These Terms and Conditions are governed by and construed in accordance with the laws of the State of Minnesota and the United States of America. CONTACT If you have any questions about these Terms, please contact DayAway Vacation Rentals at marvin@dayawayvr.com