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Terms of Service

Last Updated February 21st, 2018. A pending revision will be published on June 1st, 2018.

Thank you so much for using Native4Rent!

These are the Terms of Service, an Agreement between you, whether you’re a registered member or simply visiting, and Native4Rent, Ltd., a Colorado corporation which governs your access to and use of the Native4Rent Platform. We politely request (and respectfully require) you read this Agreement to access Native4Rent. To that end, and in attempts to make it easier for you, all Key Terms are defined at the end.

While you’re encouraged to ask us any questions you may have on this page or by email, any guidance or assistance we provide is no substitute for the informed advice of competent legal, business, tax or other professional counsel as we are not authorized to provide legal, business or tax advice and you should not consider any guidance or assistance that you receive to be legal, business or tax advice; if you have substantive questions, we encourage you to consult your private attorney, business or tax advisor, or other professional prior to using Native4Rent. 

You should also read the Privacy PolicyRefund Policy, Payment PolicyBe Nice Policy, and all other key Policies which also govern your use of Native4Rent and are incorporated by reference into this Agreement. 

Please read this Agreement carefully as it contains important information about your legal rights and obligations. By virtue of your electronic execution of this Agreement (i.e., agreeing to these Terms upon initial signup or registration, accessing the Platform, Booking any Adventure, purchasing any Product or contacting The N4R Team), you acknowledging that you have read this Agreement in its entirety and understood all these Terms, and agree that this Agreement shall apply in full force, including the liability waiver, indemnification agreement, class action waiver and Arbitration Agreement. The AA, governed by the Federal Arbitration Act, applies to how all disputes with Native4Rent, Ltd. are resolved and requires disputes to be managed on an individual basis through final and binding arbitration. The AA is an important decision, for which, you should not rely solely on the information provided within this Agreement. The AA is not intended to contain a full explanation of the consequences of arbitration, to restrict your rights, mislead you, nor shall be construed to prevent or excuse you from utilizing any informal procedure or substitute for resolution. 

If at any time you do not agree to all of these Terms of Service, then please do not access or use Native4Rent or Book any Adventure.

 Scope of Native4Rent Services

Native4Rent is an online marketplace that allows Guests, Members and Natives the ability to search, view, book and post Adventures. Native4Rent also provides an online marketplace of physical products for purchase and rent ranging from bicycles and equipment, or t-shirts and leggings to stickers and clocks via The N4R Shop, to which Native Affiliates may contribute by uploading designs and publishing new products. In the future, Native4Rent will offer Natives the opportunity to list job openings and demands for Co-Natives via N4R Jobs, and a school for aspiring Natives via N4R School, but these services are still in development. Native4Rent does not currently provide any Adventure Services but may at some point in the future through a subsidiary, the details of which will be announced at a later date in a revision to these Terms.

As the provider of The Platform, Native4Rent does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Adventures or Adventure Services. Natives alone are responsible for their Adventures and Adventure Services. When Members book an Adventure by purchase, they are entering into a contract directly with the Native providing the Adventure. Native4Rent is not and does not become a party to, witness, or participant in any capacity to any contractual relationship between Members. Native4Rent is not acting as an agent in any capacity for any Member, except as specified in the Payment Policy, and Native4Rent is not a travel or insurance agency or Adventure Guide Instructor School.

Native4Rent respects copyright law and intellectual property rights and expects its Members to do the same. Native4Rent does not claim any ownership rights in any Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your content. Subject to the foregoing, as between us and you, Native4Rent, Ltd. and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights therein even if we incorporate any Feedback into subsequent versions of the Services or otherwise use such Feedback.

While we may help facilitate the resolution of disputes, Native4Rent has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Adventures or Adventure Services, (ii) the truth or accuracy of any Adventure descriptions, Ratings, Reviews, or other Member Content, or (iii) the performance or conduct of any Member or third party. While we may alter The Platform in a way that may appear to highlight specific Content, Native4Rent does not endorse any Member, Adventure or Adventure Services. Any references to a Member being “verified”, (or similar language) simply indicates that the Member has completed a relevant verification or identification process and nothing else. Any references to a Member being “knowledgeable” or “professional” simply refers to the fact they are already an established business or has an abundance of reviews indicating a possession of exceptional knowledge and familiarity with the Adventure offered. Any such description is not an endorsement, certification or guarantee by Native4Rent about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe, suitable or any more qualified to purchase or provide an Adventure than any other Member. You should always exercise due diligence and care when deciding whether to go anywhere with a new person you meet online, participate in an Adventure or Event or use any other Adventure Services, accept a booking request from a Guest, or communicate and interact with other Members or Natives, whether online or in person. Verified Images are intended only to indicate a photographic representation of a Native at the time the photograph was taken, and are therefore not an endorsement by Native4Rent of any Native or Adventure.

If you choose to use the Native4Rent Platform as a Native or Co-Native, your relationship with Native4Rent is limited to being an independent, third-party contractor or subcontractor, and not an employee, agent, joint venturer or partner of Native4Rent for any reason, and you act exclusively on your own accord and for your own benefit, and not on behalf, or for the benefit, of Native4Rent.

To promote the Native4Rent Platform and to increase the exposure of Adventures to potential Guests, general Member information and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Adventures and other Member Content may be translated, in whole or in part, into other languages. Native4Rent cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Native4Rent Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and noninfringement.

The Native4Rent Platform may contain links to third-party websites or resources providing Third-Party Services by Third-Party Service Providers. Such Third-Party Services may be subject to different terms and conditions and privacy practices. Native4Rent is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Native4Rent of such Third-Party Services or Third-Party Service Providers.

Due to the nature of the Internet and economy, Native4Rent cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. Native4Rent may restrict the availability of the Platform or certain areas or features thereof, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Native4Rent Platform. Native4Rent may improve, enhance and modify the Platform and introduce new Services on occasion.

 

Account Registration

You may be required to register an account to access and use certain features of the Native4Rent Platform, such as publishing or booking an Adventure. If you are registering a Native4Rent Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

You can register a Native4Rent Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google. You may disable the connection between your Native4Rent Account and your Social Media Account at any time, by accessing the “Settings” section of the Native4Rent Platform.

You must provide accurate, current and complete information during the registration process and keep your Native4Rent Account and public Native4Rent Account profile page information up-to-date.

You may not register more than one (1) Native4Rent Account unless Native4Rent authorizes you to do so, which is unlikely. You may not assign or otherwise transfer your Native4Rent Account to another party.

You are responsible for maintaining the confidentiality and security of your Native4Rent Account credentials and may not disclose your credentials to any third party. You must immediately notify Native4Rent if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Native4Rent Account. You are liable for any and all activities conducted through your Native4Rent Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). You are responsible for ensuring your personal information isn’t being stolen while using our platform and that you’re not allowing yourself to become the victim of a phishing, malware or other malicious attack.

Native4Rent may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Native4Rent Account. For example, we may allow Members associated with an Enterprise (as defined in our Privacy Policy) to book for other Members, or we may allow Natives to add other Members as Co-Natives (as defined below) to help manage their Adventures. These features do not require that you share your credentials with any other person. No third party is authorized by Native4Rent to ask for your credentials, and you shall not request the credentials of another Member.

Eligibility & Verification

You must be at least 18 years old and able to enter into legally binding contracts to access and use the Native4Rent Platform or register a Native4Rent Account. Additionally, in order to offer or purchase some Adventures, you must be 21 years or older at the time you offer, or purchase, the Adventure. By accessing or using the Native4Rent Platform you represent and warrant that you are 18 (or 21) or older and have the legal capacity and authority to enter into a contract.

You will represent and warrant that (i) both you and your Adventure Service(s) are located or take place in the United States of America, (ii) you are not listed on any U.S. Government list of prohibited or restricted parties, and (iii) you are qualified and eligible to legally offer such an Adventure.

User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Native4Rent Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

Guest’s Terms

Subject to meeting any requirements (such as completing any verification processes) set by the Native, you can book an Adventure available on the Native4Rent Platform by following the respective booking process. All applicable fees, including the Security Deposit (if applicable) and/or any others will be presented to you prior to booking an Adventure. You agree to pay the Total Fees for any booking requested in connection with your Native4Rent Account.

Upon receipt of a booking confirmation from Native4Rent, a legally binding agreement is formed between you and your Native, subject to any additional terms and conditions of the Native that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Adventure. Native4Rent Payments will collect the Total Fees at the time of the booking request or upon the Native’s confirmation pursuant to the Payment Policy.

If you book a Native Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Native, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Native. If you are Booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Adventure, Event or other Native Service if accompanied by an adult who is responsible for them.

You should carefully review the description of any Adventure, Event or other Native Service you intend to book to ensure you (and any additional guests for whom you are Booking) meet any minimum age, proficiency, fitness or other requirements which the Native has specified in their Adventure. You are required to inform the Native of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to safely participate in any Adventure, Event or other Native Service. In addition, certain laws, like the minimum legal drinking or smoking age in the location of the Adventure, Event or other Native Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Adventure, Event or other Native Service.

Before and during an Adventure, Event or other Native Service you must at all times adhere to the Natives’ instructions.

You may not bring any additional individuals to an Adventure, Event or other Native Service unless such an individual was added by you as an additional guest during the booking process on the Native4Rent Platform.

Native’s Terms

When creating an Adventure through the Native4Rent Platform you must (i) provide complete and accurate information about your Native Service (such as Adventure description, location, and calendar availability), (ii) disclose any deficiencies, restrictions and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Adventure) and (iii) provide any other pertinent information requested by N4R (such as, but not including, typical climate and necessary clothing provisions). You are responsible for keeping your Adventure information (including calendar availability) up-to-date at all times.

You are solely responsible for setting a price (including any Taxes if applicable) for your Adventure. Once a Guest requests a booking of your Adventure, you may not request that the Guest pays a higher price than in the booking request.

Any terms of service included in your Adventure, particularly with relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Adventure, and may not restrict any rights of guests, imply-as-fact any claim, or include any illicit information.

Pictures, animations or videos used in your Adventures must accurately reflect the quality and condition of your Adventure Services. Native4Rent reserves the right to require that Adventures have a minimum number of Images of a certain format, size and resolution.

The placement and ranking of Adventures in search results on the Native4Rent Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Native requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Native Service, and/or ease of booking.

When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Adventure Service(s) to the Guest as described in your Adventure when the booking request is made. You also agree to pay the applicable Service Fee, which will be collected pursuant to the Payment Policy, and all applicable taxes. You are obligated to pay all federal and state income tax on any amount paid pursuant to your relationship with Native4Rent.

While some Adventures may demand and require a specific insurance policy, Native4Rent recommends that Natives obtain insurance coverage to the maximum possible extent, but does not yet offer the option in-house. It’s highly suggested you review any respective insurance policy carefully, and in particular, make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while staying at your campsite or lodging provision or participating in your Adventure, Event or other Native Service.

To list an Adventure, Event or other Native Service, you must create an Adventure and submit the Adventure, Event or Native Service to Native4Rent. To be considered for publishing on the Native4Rent Platform, Adventures, Events or other Adventure Services must at all times meet the quality standards for Adventures and meet Guest demand. Native4Rent reserves the right to decide, in its sole discretion, if a submitted Adventure, Event or other Native Service will be published on the Native4Rent Platform.

When posting or providing an Adventure, Event or other Native Service you must, where applicable, fully educate and inform Guests about (i) any risks inherent to the Adventure, Event or other Native Service, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Adventure, Event or other Native Service (including dress codes, equipment, special certifications or licenses, etc.).

If you wish to list an Adventure on behalf of a Non-Profit cause or Charity, you must comply with the eligibility requirements. When you post a Non-Profit or Charitable Adventure you (i) represent and warrant that you are duly authorized to act on behalf of your Non-Profit or Charity and (ii) acknowledge and agree that all payouts will be directed to an account owned by your Non-Profit or Charity. You and your Non-Profit or Charity acknowledge that a Non-Profit or Charity Adventure does not create a commercial fundraising or co-venturer, or charitable trust relationship with Native4Rent and Native4Rent is not a professional fundraiser or commercial participator. Non-Profits and Charities, and not Native4Rent, are responsible for determining what, if any, portion of their Adventure Fee is a charitable contribution and for providing Guests charitable tax receipts for any applicable charitable contributions. You and your Non-Profit or Charity are solely responsible for complying with all laws that apply to your organization and your Social Impact Adventure.

You represent and warrant that you (i) understand and comply with all laws, rules and regulations that may apply to your Adventure, Event or other Native Service(s), and (ii) will obtain any required licenses, permits, insurance policies or registrations prior to providing your Adventure, Event or other Native Service(s). You can find additional information about some of the legal obligations that may apply to you on the Platform.

You must provide an Adventure, Event or other Native Service in person and may not allow any third party to provide the Adventure, Event or other Native Service on your behalf, unless authorized by Native4Rent.

You acknowledge and agree that Native4Rent’s provision to you of the Platform and Services creates a relationship between Native4Rent and you which is limited to being an independent, third-party contractor or subcontractor, and not an employee, agent, joint venturer or partner of Native4Rent for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Native4Rent. Native4Rent does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms. Native4Rent does not impose any quality standards, oversee any operations, or instruct you as to how you will perform your Adventure or Native Services except to the extent that you as the Native dictates in the plans and specifications provided to Native4Rent regarding your Adventure and in accordance with reviews and ratings standards. Native4Rent does not dictate a schedule or any time of required provision of your Services except for those you set forth by creating your Adventure and to which you agree when you confirm a Booking, establishing an obligation to your Guest. You retain the sole right to determine when and for how long you will utilize the Platform or services, to accept or decline a Guest’s request for an Adventure Booking or to cancel a Booking in accordance with these Terms and the Be Nice Policy. With the exception of any requirements by law or permit/license requirements, Native4Rent shall have no right to: (a) display Native4Rent’s names, logos or colors on your equipment, vehicle or structure; or (b) wear a uniform or any other clothing displaying Native4Rent’s names, logos or colors. Native4Rent does not pay a salary or hourly rate but rather a fixed or contract rate determined by the fees you set forth for yourself in association with your Adventure. As you are an independent contractor, Native4Rent does not pay you as the individual personally, but rather makes payments to your trade or business name. Native4Rent does not combine our business operations in any way with your business but instead maintains such operations as separate and distinct. Native4Rent does not provide anything more than minimal training for you and does not provide tools, materials, equipment or benefits to you as a Native. As an independent contractor in Colorado, you are not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided by you, the independent contractor, or another entity. Outside of Colorado, you agree to maintain workers’ compensation insurance as required by all applicable laws in your area, and if permitted by law, may choose to insure yourself against industrial injuries by maintaining occupational accident insurance in place of workers’ compensation insurance. You acknowledge and agree that you have complete discretion to provide Native or Adventure Services or otherwise engage in other business or employment activities. For the sake of clarity, you understand that you retain the complete right to; (i) use other software application services in addition to the Native4Rent Services; and (ii) engage in other occupation or business. You acknowledge and agree that Native4Rent reserves the right to, at any time and at Native4Rent’s sole discretion, deactivate or otherwise restrict you from accessing or using the Platform in the event of violation of these Terms, your disparagement of Native4Rent or its affiliates, your act or omission that causes harm to Native4Rent’s or its affiliate’s brand, reputation or business as determined by Native4Rent in its sole discretion, your failure to produce a result that meets the specifications of these Terms, or for any other reason at the reasonable discretion of Native4Rent.

You acknowledge and agree that your geo-location information may be provided to Native4Rent via your device in order to provide Services. You acknowledge and agree that: (i) your geo-location information may be monitored and tracked by Native4Rent when you are logged into the Platform and available to receive Bookings for Adventure or Native Services or when you are providing such services; and (ii) the approximate location of your person, domicile, vehicle or agreed upon meeting place may be displayed to the Guest before and during the provision of Native or Adventure Services to such Guest. In addition, Native4Rent and its affiliates may monitor, track and share your geo-location information obtained by the Platform or your device for technical, marketing and commercial purposes, including to provide and improve products and services.

You acknowledge and agree that, for the mutual benefit of the parties, through advertising and marketing, Native4Rent and its affiliates may seek to attract new Members to Native4Rent and to increase existing Members’ use of the Platform. You acknowledge and agree such advertising or marketing does not entitle you to any additional monetary amounts beyond the amounts expressly set forth in these Terms.

Co-Natives

Any agreement formed between Native and Co-Native may not conflict with these Terms and the Payment Policy. Co-Natives may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by Native4Rent. Native4Rent reserves the right, in our sole discretion, to restrict the activity and/or involvement of any Co-Natives, limit the number of Co-Natives a Native may invite for each Adventure and to limit the number of Adventures a Co-Native may manage.

When such an agreement is made, the Native agrees to pay the Co-Adventure Services Fee for any confirmed booking of their Adventure, which will be deducted directly from the Adventure Fee after deduction of any applicable Native Fee. In addition, Natives may instruct a Co-Native to provide certain one-time services in relation to their Adventure, however, Natives may not violate independent contractor and employment laws. If a Native employs a Co-Native, both the Native and Co-Native are solely responsible for compliance with all employment laws, including those pertaining to federal employment verification and use of the E-Verify system administered by the Department of Homeland Security. Natives can pay Co-Natives for one-time services and any other expenses using the Platform. Native4Rent will process Co-Adventure Services Fees and all other payments pursuant to the Payment Policy.

Natives and Co-Natives agree that each activity, booking, or other transaction reported on the Native4Rent Platform, including any Co-Adventure Services provided by the Co-Native and any amounts due from a Native to the Co-Native for the provision of such services, will be deemed accurate, correct and binding, unless challenged, by notifying the other person and Native4Rent (by email), within 21 days of posting of the disputed activity, booking or other transaction on the Native4Rent Platform.

Natives should exercise due diligence and care when deciding who to add as a Co-Native to their Adventure(s). Natives remain solely responsible and liable for any and all Adventures and Member Content published on the Native4Rent Platform, including any Adventure created by a Co-Native on their behalf. Further, Natives remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Native(s). Co-Natives remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Native, including, but not limited to, conduct that causes harm or damage to the Native. In addition, both Native and Co-Native are jointly responsible and severally liable for third party claims, including Guest claims, arising from the acts and omissions of the other person as related to Native Services and Adventures, communications with Guests, and the provision of any Co-Adventure Services.

Unless agreed otherwise by Native and Co-Native, Native and Co-Native may terminate the Co-Native agreement at any time. In addition, both Native and Co-Native acknowledge that their Co-Native relationship will terminate in the event that Native4Rent (i) terminates the Co-Native service or (ii) terminates either party’s participation in the Co-Native service. When the Co-Native agreement is terminated, the Native will remain responsible for all of the Co-Native’s actions prior to the termination, including the responsibility to fulfill any pending or future bookings initiated prior to the termination. When a Member is removed as a Co-Native, that Member will no longer have access to any Native or Guest information related to the applicable Native’s Adventure(s). In addition, Native agrees to pay Co-Native for all Co-Adventure Services completed prior to Co-Native’s termination within 14 days of Co-Native’s termination via the Platform. A Co-Native will not be entitled to any fees for any Co-Adventure Services that have not been completed prior to the Co-Native’s termination.

As a Co-Native, you will not be reviewed by Guests, meaning that your Co-Native activities will not affect your Reviews or Ratings for other Adventures for which you are a Native. Instead, the Native of such Adventure(s) will be reviewed by Guests (including potentially on the basis of the Co-Native’s conduct and performance). Natives acknowledge that Reviews and Ratings from Guests for their Adventure(s) may be impacted by a Co-Native’s conduct and performance.

Native Affiliates

Native Affiliates will receive up to $25 towards an Adventure for both themselves and a friend if they refer a friend and that friend makes a purchase of any Adventure. Native Affiliates will also be eligible to receive up to 5% of all earnings from any Natives they sign up with Native4Rent, and up to 10% of all profits from any Adventures any Members book on Native4Rent.

Native Affiliates may also upload designs for products for sale and set the prices of their products on top of production costs, and may keep 100% of their profits. For any Native Affiliates that may wish to open a store within The N4R Shop may do so and upload, control the inventory and prices of all their products, and manage all sales with N4R fees varying in products, volume and any synergistic partnership benefits as defined in the Native4Rent Affiliate Policy.

Feedback

Native4Rent is constantly striving to provide a better service and sincerely appreciates your input! You may submit your comments, ideas or suggestions by emailing us, via the Contact page of the Native4Rent Site, or by other means of communication you prefer. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you and acknowledge and agree that we have no obligation (whether of confidentiality, compensation or otherwise) with respect to such Feedback and we will be free to use and exploit the same in any manner without restriction of any kind.  You agree that all Feedback will be the sole and exclusive property of Native4Rent and hereby irrevocably transfer and assign to Native4Rent and agree to irrevocably transfer and assign to Native4Rent all of your right, title, and interest in and to all Feedback, including all intellectual property rights therein.  At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect and maintain our intellectual property rights and other legal protections for the Feedback.  Further, you acknowledge and agree that Native4Rent may currently or in the future develop information and materials internally, or receive information and materials from other parties, that are similar to your Feedback or Adventure.  Nothing in these Terms will be construed as a representation or agreement that we will not develop or have developed, distribute, market or promote applications, services, products or concepts that are similar to and/or compete with the applications, services, products or concepts contemplated by or embodied in any Feedback or your Adventure.

Confidentiality

Each party acknowledges and agrees that in the performance of these Terms it may have access to or may be exposed to, directly or indirectly, Confidential Information of the other party. Confidential Information includes Company Data, User Information, and the transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information of each party that such party designates as being proprietary or confidential or of which the other party should reasonably know that it should be treated as confidential.

Each party acknowledges and agrees that: (a) all Confidential Information shall remain the exclusive property of the disclosing party; (b) it shall not use Confidential Information of the other party for any other purpose except in furtherance of these Terms; (c) it shall not disclose Confidential Information of the other party to any third party, except to its employees, officers, contractors, agents and services providers as necessary to perform under these Terms, provided the service providers are bound in writing to obligations of confidentiality and non-use no less protective than the terms hereof; and (d) it shall return or destroy all Confidential Information of the disclosing party, upon completion of services, termination of these Terms or at the request of the other party (subject to all applicable laws, and with respect to Native4Rent, its internal record-keeping requirements).

Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) is or becomes part of the public domain through no act or omission on the part of the receiving party; (b) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or (c) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party reasonable opportunity to contest or limit such required disclosure.

Ratings and Reviews

Within a certain timeframe after completing a booking, Guests and Natives can leave a public review and submit a star rating about each other. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of Native4Rent. Ratings and Reviews are not verified by Native4Rent for accuracy and may be incorrect or misleading.

Ratings and Reviews by Guests and Natives must be fair, truthful and factual and may not contain any offensive or defamatory language. Ratings and Reviews must comply with Native4Rent’s Copyright Policy and Be Nice Policy.

Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another Member.

Intellectual Property Rights

Native4Rent and Content on the Platform is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Native4Rent and its licensors exclusively own all right, title, and interest in and to the Platform and Content, including intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Native4Rent used herein are trademarks or registered trademarks of Native4Rent. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

One or more patents owned by Native4Rent and/or its officers, investors, directors, affiliates or partners may apply to the Platform and to the features and services accessible via the Platform. Portions of the Platform operate under license of one or more patents. Additional patents pending.

Native4Rent and N4R are trademarks of Native4Rent, Ltd.. Additional Trademarks pending. 

Bookings & Adventures

Modifications, Cancellations & Refunds

Natives and Guests are responsible for any modifications to a Booking that they make via the Platform or direct The N4R Team to make, and agree to pay any additional Adventure Fees, Native Fees and/or Taxes associated with such Booking Modifications.

Guests can cancel a confirmed booking at any time subject to the Adventure’s cancellation policy, and Native4Rent will provide any refund to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any amounts due to the Native under the applicable cancellation policy will be remitted to the Native by Native4Rent Payments pursuant to the Payment Policy.

If a Native cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking and Native4Rent may publish an automated review on the Adventure cancelled by the Native indicating that a booking was cancelled. In addition, Native4Rent may (i) keep the calendar for the Adventure unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Native has a valid reason for cancelling the booking pursuant to Native4Rent’s Extenuating Circumstances Policy or has legitimate concerns about the Guest’s behavior.

For Adventures, Events and other Adventure Services, if inclement weather creates an unsafe or uncomfortable scenario for Guests, Natives may modify or cancel a Native Service. If there is a substantial change in the itinerary or the Native Service needs to be cancelled, Native4Rent will work with the Native to provide Guests an alternative date for the Native Service, an appropriate refund or a rebooking.

In certain circumstances, Native4Rent may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in Native4Rent’s Extenuating Circumstances Policy or (i) where Native4Rent believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Native4Rent, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.

If a Guest suffers a Travel Issue pursuant to the Refund Policy, Native4Rent may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy.

Members may use the Platform to send or request money for refunds, additional Adventure Services, Co-Adventure Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Platform in connection with your Native4Rent Account, and Native4Rent Payments will handle all such payments pursuant to the Payment Policy.

Service Fees

Native4Rent may charge fees to Natives in correspondence to their use of the Native4Rent Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page or Account page after you log in, or by emailing us. Any applicable Service Fees (including any applicable Taxes) will be displayed to a Native prior to publishing an Adventure. Native4Rent reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective. You are required to uphold your responsibilities and obligations as set forth in these Terms regarding any Service Fees that you owe to Native4Rent and not attempt to bypass any applicable fees. The applicable Service Fees are due and payable and collected by Native4Rent Payments pursuant to the Payment Policy. Notwithstanding exceptions specified, Service Fees are non-refundable.

Taxes

As a Native, you are solely responsible for determining your obligations to report, collect, remit or include in your Adventure Fees, other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes.

Tax regulations may require us to collect appropriate Tax information from Natives, or to withhold Taxes from payouts to Natives, or both. If a Native fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.

You understand that any appropriate governmental agency, department and/or authority where your campsite or lodging provision is located may require Taxes to be collected from Guests or Natives on Adventure Fees, 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 Adventure Fees set by Natives, a set amount per day, or other variations, and are sometimes called “service taxes,” “transient occupancy taxes,” “hotel taxes,” “lodging taxes,” “city taxes,” “room taxes” or “tourist taxes”.

In certain jurisdictions, Native4Rent may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Natives, in accordance these Terms if such jurisdiction asserts Native4Rent or Natives have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize Native4Rent to collect Occupancy Taxes from Guests on the Native’s behalf at the time Adventure Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected and remitted by Native4Rent will be visible to and separately stated to both Guests and Natives on their respective transaction documents. Where Native4Rent is facilitating Collection and Remittance, Natives are not permitted to collect any Occupancy Taxes being collected by Native4Rent relating to their campsites or lodging provisions in that jurisdiction.

You agree that any claim or cause of action relating to Native4Rent’s facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by Native4Rent in connection with facilitation of Collection and Remittance, if any. Guests and Natives agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Native4Rent from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

Native4Rent reserves the right, with prior notice to Natives, to cease the Collection and Remittance in any jurisdiction for any reason at which point Natives and Guests are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to any campsites or lodging provisions in that jurisdiction.

Prohibited Activities

You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Native4Rent Platform. In connection with your use of the Native4Rent Platform, you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms or Policies;
  • use the Native4Rent Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Native4Rent endorsement, partnership or otherwise misleads others as to your affiliation with Native4Rent;
  • copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Native4Rent Platform in any way that is inconsistent with Native4Rent’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
  • use the Native4Rent Platform in connection with the distribution of unsolicited commercial messages (“spam”);
  • offer, as a Native, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the Native4Rent Platform;
  • unless Native4Rent explicitly permits otherwise, book any Adventure if you will not actually be using the Adventure Services yourself;
  • contact another Member for any purpose other than asking a question related to your own Booking, Adventure, or the Member’s use of the Native4Rent Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
  • use the Native4Rent Platform to request, make or accept a booking independent of the Native4Rent Platform, to circumvent any Service Fees or for any other reason;
  • request, accept or make any payment for Adventure Fees outside of the Native4Rent Platform or Native4Rent. 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 Native4Rent harmless from any liability for such payment;
  • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
  • use, display, mirror or frame the Native4Rent Platform or Collective Content, or any individual element within the Native4Rent Platform, Native4Rent’s name, any Native4Rent trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Native4Rent Platform, without Native4Rent’s express written consent;
  • dilute, tarnish or otherwise harm the Native4Rent brand in any way, including through unauthorized use of Collective Content, registering and/or using Native4Rent 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 Native4Rent domains, trademarks, taglines, promotional campaigns or Collective Content;
  • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Native4Rent Platform for any purpose;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Native4Rent or any of Native4Rent’s providers or any other third party to protect the Native4Rent Platform;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Native4Rent Platform;
  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Native4Rent Platform;
  • export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws;
  • impersonate any individual or entity, including, but not limited to, any N4R Team Member, administrator, Native or Service Provider or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
  • upload, post, email, transmit or otherwise make available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically or otherwise objectionable, or content that which you personally have no right to pursuant to any law or without any ownership or the properly obtained consent from the true owner;
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

You acknowledge that Native4Rent has no obligation to monitor the access to or use of the Native4Rent Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Native4Rent Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Native4Rent in good faith, and to provide Native4Rent with such information and take such actions as may be reasonably requested by Native4Rent with respect to any investigation undertaken by Native4Rent or a representative of Native4Rent regarding the use or abuse of the Native4Rent Platform.

If you feel that any Member you interact with, whether online or in person, 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 Native4Rent by contacting us with your police station and report number (if available); 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.

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 Native4Rent Platform and Collective Content, your publishing or booking of any Adventure via the Native4Rent Platform, your stay at any campsite or lodging Accommodation, participation in any Adventure or Event or use of any other Native4Rent Service, or any other interaction you have with other Members whether in person or online remains with you. Neither Native4Rent nor any other party involved in creating, producing, or delivering the Collective 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) from the use of or inability to use the Native4Rent Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Platform, or (iv) from your publishing or booking of an Adventure, including the provision or use of a Native’s Adventure Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Native4Rent 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 Natives pursuant to these Terms or an approved payment request under the Native4Rent Guarantee, in no event will Native4Rent’s aggregate liability arising out of or in connection with these Terms and your use of the Platform including, but not limited to, from your publishing or booking of any Adventures via the Native4Rent Platform, or from the use of or inability to use the Native4Rent Platform or Collective Content and in connection with any Adventure, Adventures, Event or other Native Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Native4Rent Platform as a Guest in the six (6) month period prior to the event giving rise to the liability, or if you are a Native, the amounts paid by Native4Rent to you in the six (6) 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 Native4Rent and you. If you reside in a jurisdiction which does not allow the exclusion or limitation of liability for consequential or incidental damages, then you are not permitted to use Native4Rent or participate in any Adventures or Events. If you reside outside of the U.S., this does not affect Native4Rent’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Although most travel is completed without incident, travel to certain destinations may involve greater risk than others. You are urged to investigate and review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking. Information on conditions and the level of risk associated with travel to particular destinations may be found at: www.state.govwww.tsa.govwww.dot.gov, www.faa.govwww.cdc.govwww.treas.gov/ofac and www.customs.gov.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. The limitations of liability provided in this Agreement inure to the benefit of Native4Rent.

Indemnification

You agree to release, defend (at Native4Rent’s option), indemnify, and hold Native4Rent 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 breach of these Terms or our Policies or Standards, (ii) your improper use of the Native4Rent Platform or any Native4Rent Services, (iii) your interaction with any Member, participation in an Adventure, Event or other Native Services, 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) Native4Rent’s Collection and Remittance of Any Forms of Taxes, or (v) your breach of any laws, regulations or third party rights.

Damage & Disputes

As a Guest, you are responsible for leaving any equipment (including any personal or other property owned or employed by the Native) in the condition it was in when you arrived. 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 Adventure, excluding the Native (and the individuals the Native invites to the Adventure, if applicable).

If a Native claims and provides evidence that you as a Guest have damaged equipment or any personal or other property during an Adventure, the Native can seek payment from you through direct messaging the Guest. If a Native escalates a claim to The N4R Team, you will be given an opportunity to respond. If you agree to pay the Native, or The N4R Team determines in its sole discretion that you are responsible for the damage, Native4Rent will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the cost of damages pursuant to the Payment Policy. Native4Rent also reserves the right to otherwise collect payment from you and pursue any remedies available to Native4Rent in this regard in situations in which you are responsible for property damage, including, but not limited to, in relation to any payment requests made by Natives under the Native4Rent Native Guarantee.

Members agree to cooperate with and assist Native4Rent in good faith, and to provide Native4Rent with such information and take such actions as may be reasonably requested by Native4Rent, in connection with any Damage Claims or other complaints or claims made by Members relating to Adventures or any personal or other property located at a campsite or lodging provision (including, without limitation, payment requests made under the Native4Rent Native Guarantee), Adventures, or Co-Native agreements. A Member shall, upon Native4Rent’s reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Native4Rent or a third party selected by Native4Rent or its insurer, with respect to losses for which a Member is requesting payment from Native4Rent (including but not limited to payments under the Native4Rent Native Guarantee).

If you are a Guest or a Co-Native, you understand and agree that Native4Rent 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, to a campsite or lodging provision or any personal or other property located at a campsite or lodging provision (including without limitation amounts paid by Native4Rent under the Native4Rent Native Guarantee). You agree to cooperate with and assist Native4Rent in good faith, and to provide Native4Rent with such information as may be reasonably requested by Native4Rent, 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 Native4Rent may reasonably request to assist Native4Rent in accomplishing the foregoing.

 

Arbitration Agreement

Overview of Dispute Resolution Process. Native4Rent is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals: (1) an informal negotiation directly with Native4Rent’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section). Specifically, the process provides:

  • Claims can be filed with AAA online (www.adr.org);
  • Arbitrators must be neutral and no party may unilaterally select an arbitrator;
  • Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
  • Parties retain the right to seek relief in small claims court for certain claims, at their option;
  • The initial filing fee for the consumer is capped at $200;
  • The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
  • The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.

Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Native4Rent each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Native4Rent’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.

Agreement to Arbitrate. You and Native4Rent mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Native4Rent Platform, the Adventure Services, or the Collective Content will be settled by binding arbitration. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Native4Rent agree that the arbitrator will decide that issue.

Exceptions to Arbitration Agreement. You and Native4Rent each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

Arbitration Rules and Governing Law. This Arbitration Agreement 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 AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.

Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Native4Rent agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in Mesa County; (c) in any other location to which you and Native4Rent both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.

Modification of AAA Rules – Attorney’s Fees and Costs. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Native4Rent agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.

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 declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Jury Trial Waiver. You and Native4Rent acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

No Class Actions or Representative Proceedings. You and Native4Rent acknowledge and agree that 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 proceeding as to all Disputes. Further, unless you and Native4Rent both otherwise 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 this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.

Severability. In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

Changes. If Native4Rent changes this 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 thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Native4Rent’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 Native4Rent in accordance with the provisions of the “Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).

Survival. This Section will survive any termination of these Terms and will continue to apply even if you stop using the Native4Rent Platform or terminate your Native4Rent Account.

Disclaimers

If you choose to use the Native4Rent Platform or Collective Content, you do so voluntarily and at your sole risk. The Native4Rent Platform and Collective Content is provided “as is” and “as available”, without warranty or guarantee of any kind, either express or implied.

You agree that you have had whatever opportunity you deem necessary to investigate the Native4Rent Services, laws, rules, or regulations that may be applicable to your Adventures and/or Adventure Services you are receiving and that you are not relying upon any statement of law or fact made by Native4Rent relating to an Adventure.

If we choose to conduct identity verification or background checks on any Member, 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 Member or guarantee that a Member will not engage in misconduct in the future.

You agree that some Adventures, Events or other Adventure Services may carry inherent risk, and by participating in those Adventure Services, you choose to assume those risks voluntarily. For example, some Adventure Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Adventure Services. You assume full responsibility for the choices you make before, during and after your participation in a Native Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Adventure or Native Service and to the maximum extent permitted by law, you agree to release and hold harmless Native4Rent, Ltd. from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Native Service or in any way related to your Adventure or interactions with any other Members of Native4Rent.

Native4Rent does not guarantee the availability or uptime of the Platform. You acknowledge and agree that the Platform may be unavailable at any time and for any reason. Further, the Platform may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, and Native4Rent and its affiliates are not responsible for any delays, delivery failures, or other damages, liabilities or losses resulting from such problems.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law. 

General Provisions

Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Native4Rent and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Native4Rent and you in relation to the access to and use of the Native4Rent Platform.

No joint venture, partnership, employment, or agency relationship exists between you and Native4Rent as a result of this Agreement or your use of the Native4Rent Platform.

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Any rights not expressly granted herein are reserved.

Native4Rent’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Native4Rent’s prior written consent. Native4Rent may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by Native4Rent via email, Native4Rent Platform notification, or messaging service (including SMS).

Native4Rent may alter or restrict the access to and use of the Native4Rent Platform, or certain areas or features of the Native4Rent Platform, subject to certain conditions or requirements, such as failing to complete a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.

The access to or use of certain areas and features of the Native4Rent Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Native4Rent Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.

Applicable Law and Jurisdiction

While Native4Rent and The N4R Team attempt to provide the best in satisfaction and will do our best to help with any questions and inquiries, for both Natives and guests the user alone is responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Adventure(s) and Product(s). For example, some cities have laws that restrict their ability to guide a hunt, fish, or operate commercial services on public lands. In many cities, Natives may have to register, get a permit or obtain a license before preparing food, transporting others or serving cannabis or alcohol for sale. Some jurisdictions may require a license to guide tours, climb a 14er or sail. Natives are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Services they offer. Certain types of Services may be prohibited altogether with penalties including fines and incarceration. We provide some information to help you identify some of the obligations that apply to you and can sometimes refer you to the appropriate link for your local statutes and laws, but if you have questions about how local laws apply to your Adventure(s) and Product(s) on Native4Rent, please protect yourself and seek legal guidance.

You may opt to have the option to receive cannabis or alcohol products in some Adventures. You agree that you will comply with all applicable laws and not cause Native4Rent, your Native, or any retailer to contravene any applicable laws. You agree that you are of legal smoking or drinking age for purchasing, possessing, and consuming cannabis or alcohol. If you elect to receive any alcohol products in any Adventure you understand and agree that neither Native4Rent nor your Native can accept your order of cannabis or alcohol products, and the order will only be provided contingent upon the retailer accepting your order. You agree that, upon presentation of your cannabis or alcohol products, you will provide a government-issued identification proving your age to the Native providing the cannabis or alcohol products and that you will not be intoxicated when receiving such cannabis or alcohol products. You agree that if any applicable legal requirements for the opportunity to receive cannabis or alcohol are not met, Native4Rent and your Native reserve the right to cancel the cannabis- or alcohol-related portion of your order. You also acknowledge and agree that Native4Rent and your Native do not hold a cannabis or alcohol sales license and are not a party between you and the retailer supplying the cannabis or alcohol product.

If you reside in the United States, these Terms will be interpreted in accordance with the laws of the State of Colorado and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement must be brought in state or federal court in Grand Junction, Colorado, unless we both agree to some other location, and you consent to venue and personal jurisdiction in Grand Junction, Colorado.

If you reside outside of the United States you are not permitted to use any Native4Rent Services at this time and cannot interact with or bring any judicial proceedings against Native4Rent. However, please apply to be a Native and we will give you a call or email you as soon as we’re able to offer services in your country!

Modification of these Terms

Native4Rent reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on The Native4Rent Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Airbnb Platform will constitute acceptance of the revised Terms.

Term, Termination, Suspension & other Measures

This Agreement 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 Native4Rent terminate the Agreement in accordance with this provision.

You may terminate this Agreement at any time via the “Cancel Account” feature on the Native4Rent Platform or by sending us an email. If you cancel your Native4Rent Account as a Native, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your Native4Rent Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Adventure’s cancellation policy.

Without limiting our rights specified below, Native4Rent may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.

Native4Rent may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, the Payment Policy, or any other Policies, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Native4Rent believes in good faith that such action is reasonably necessary to protect the personal safety or property of Native4Rent, its Members, or third parties (for example in the case of fraudulent behavior of a Member).

In addition, Native4Rent may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payment Policy, our Policies, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Native4Rent Account registration, Adventure process or thereafter, (iv) you and/or your Adventure(s) or Adventure Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Native4Rent otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Native4Rent believes in good faith that such action is reasonably necessary to protect the personal safety or property of Native4Rent, its Members, or third parties, or to prevent fraud or other illegal activity:

  • refuse to publish, delete or delay any Adventures, Ratings, Reviews, or other Member Content;
  • cancel any pending or confirmed bookings;
  • limit your access to or use of the Native4Rent Platform;
  • temporarily or permanently revoke any special status associated with your Native4Rent Account; or
  • temporarily or in case of severe or repeated offenses permanently suspend your Native4Rent Account.

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Native4Rent and an opportunity to resolve the issue to Native4Rent’s reasonable satisfaction.

If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

When this Agreement has been terminated, you are not entitled to a restoration of your Native4Rent Account or any of your Member Content. If your access to or use of the Native4Rent Platform has been limited or your Native4Rent Account has been suspended or this Agreement has been terminated by us, you may not register a new Native4Rent Account or access and use the Native4Rent Platform through a Native4Rent Account of another Member.

If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

Key Terms

Native4Rent,” “The N4R Team,” “we,” “our” or “us” refers to Native4Rent, Ltd., a Colorado LLC located at 639 1/2 Starlight Drive, Grand Junction, CO 81504.

The “Site” refers to the Native4Rent domain (accessible at https://www.native4rent.com), all related subdomains, and any other websites and online portals through which Native4Rent makes the Native4Rent Services available.

The “Application” is a collective term used to describe the future mobile, tablet and other smart device applications, and application program interfaces.

The N4R Shop” or “Shop” is an online marketplace of physical products available for purchase.

Native Jobs” is a future section of the Site and Application where Natives in need of some extra help may list job openings within their business or list their need for a Co-Native to assist with the Adventures they provide.

Native School” is a future section of the Site and Application where Natives and Third-Party Service Providers may host online classes available for purchase and download, announce upcoming events for classes and instructional gatherings, provide certain delicate information for only other Natives to be eligible to see, or advertise for their Adventure Guide School or other related training program certifying potential future Natives.

The N4R Network” is the collective term used to describe the Site, Application, Shop, Jobs, School, all future subdivisions or classifications of structure among the online presence of Native4Rent, any additional third-party websites and publications or offline media and any other outlets of marketing pertaining to Native4Rent.

The N4R Platform” or “Platform” is the collective term used to describe all Content provided by Native4Rent, Ltd. and its users on the Site, future Application, all other sites included in the Native4Rent Network and all other Content pertaining to Native4Rent. The Platform is the medium upon which any and all Services transpire and the all-encompassing general identity of everything that is related to Native4Rent, it is a marketplace which allows Users to access the Native4Rent Services to find and publish Adventure Services and to communicate and transact directly with other Users seeking and providing such Adventure Services.

Native4Rent Services” or “Services” refers to any and all Services provided by Native4Rent, Ltd., the Platform for example. The Native4Rent Services allows parties to connect via the Native4Rent Site, future Application and/or other hosted events: (i) Guests can find an Adventure and connect with Natives providing Adventure Services; and (ii) Natives may post on the Site and future Application and connect with independent Third-Party Service Providers who wish to provide services to Natives; and (iii) network, communicate, market or in any other methods as permitted by these Terms, aid in the facilitation of Adventure. Collectively, Services refers to a variety of other travel and non-travel related services, services rendered by Native4Rent, Ltd. and other Third-Party Service Providers as described in Agreement and services not relating to any Adventures provided by Natives. 

Adventure Services” or “Native Services” refers to the services Natives provide when they Post and Offer Adventures and the services Natives provide Guests while on such Adventures. Adventure Services may include the offering of single or multi-day Adventures or access to unique events and locations. Collectively, Adventure Services is the primary product Native4Rent is known to provide, thanks to the many awesome Natives everywhere. 

User” refers to any and all visitors to The N4R Platform (Guests, Members, Natives, Third-Party Service Providers and you, no matter your reason for using Native4Rent).

Guest” is a term used to describe any End User who books an Adventure through Native4Rent, or another person or third party who participates in an Adventure and is not the Native offering such Adventure, or any additional guest(s) who also signed up for or participates in the Adventure.

Member” is a registered User of Native4Rent and has a Native4Rent Account, either as a Guest and/or Native and has their private information on file with Native4Rent for use in Booking or Offering Adventures or purchasing items in The N4R Shop, and has verified their email, phone and/or Social Media Accounts.

Verified Member” is used to indicate the Member successfully passed the identity confirmation process and nothing more.

Native” (and sometimes possibly described as a “Vendor” due to any inconsistencies on the Platform) is an eligible Member who posts an Adventure available for booking on Native4Rent, an Affiliate that uploads designs and publishes new products in The N4R Shop, or a qualifying Third-Party Service Provider.

New Native” is someone that posts any Educational, Entertaining, or Exciting Adventure and is just beginning offering their Adventure as a Native with Native4Rent. A New Native has yet to receive more than ten (10) reviews or to complete twenty-five (25) successful Adventures. The New category of Native is restricted with respect to the kinds of Adventures they can offer due to licensing or local jurisdictions and typically do not offer Technical Adventures or the Exciting Adventures which apply.

Notable Native” is a Native that has successfully completed twenty-five (25) Adventures or has more than ten (10) reviews and posts Technical, Educational, Entertaining or Exciting Adventures. A Notable Native has familiarity with Native4Rent and can provide assistance in many regards in addition to the Adventures they post and has a familiarity with their local jurisdictions and the limitations to the Adventures they can offer. A Notable Native has a reputation in their community for being an upstanding citizen and more importantly, a good, respectable and dependable person: a notoriety for niceness. A Notable Native provides a sure-bet of a satisfying and exhilarating Adventure.

Knowledgeable Native” is a Native with an expertise or excessive knowledge in the (typically) Educational, Entertaining or Exciting Adventures they offer. Typically, a Knowledgeable Native is a professor, instructor, guide or teacher and posts Adventures which range from teaching you rock climbing or taking better photographs to the geological, anthropological or archaeological backstories of the region.

Professional Native” is a Native with the proper licensure or an existing business offering the Adventure(s) they post and can vary widely in expertise and experience relating to their Adventure. Backcountry/Outdoor Survival instruction and Avalanche Survival classes are frequently offered

Non-Profit Native” is a Native that provides any Adventure at no cost to the Guest. There are no Adventure Fees, no Service Fees and no monetary exchange with any Adventure posted by any Non-Profit Native.

Charitable Native” refers to any Native that posts a Charitable Adventure on Native4Rent on behalf of and with the consent of a nonprofit Charity (whose eligibility requirements may be found below).

Native Affiliate” is someone that does not work on The N4R Team but either advertises Native4Rent by posting in social media groups and on classifieds sites, shares the “$10+10%” offer with their friends, or uploads designs for products or sells products in The N4R Shop, as described in the Affiliate Policy. Specifically regarding The N4R Shop, Affiliates may either submit designs and receive 100% of the profits of any sales of their products, or may register as an N4R Shop Vendor and have their own section (or a store, similar to other e-commerce sites) within The N4R Shop, a section of the Site and Applications where they may customize their profile, store appearance, and control over all products and sales.

Co-Native” refers to any third-party assisting the Native providing the Adventure. This term may be used to refer to a hotel, lodge, resort, equipment rental organization, professional photographers and videographers or any other sub-contractor assisting in the activities on the Adventure.

Third-Party Service Provider” is a user or entity separate from Native4Rent, Ltd. that provides services to Natives, Guests or Members. Examples of Third-Party Services Providers include videographers Natives may hire outside of Native4Rent to film their Adventure, Insurance Agencies with whom we may someday partner, Adventure Guide or Instructor Training Schools, outside marketing agencies or other related or unrelated businesses or entities.

Lifelong Native” refers to any Native that has enjoyed living in the special place they get to call home for either the majority of their life, or more than two decades.

Senior Native” is one of the wisest Natives you will ever meet, especially because they tell their server at a restaurant they’d like the senior discount.

Veteran Native” refers to a Native that has served in a branch of the Military.

Native4Rent Account” refers to the account registered by Members, Natives, Affiliates and Third Parties providing access and use of certain features on the Native4Rent Platform, such as publishing or booking an Adventure.

Social Media Account” refers to an Account with Facebook, Google, Twitter, Instagram or another social media platform which is used to register and/or confirm the identity of the User.

Adventure” is an exceptionally awesome activity ranging from a local visit, creative, outdoor sport, tour, lesson, meal or fitness/wellness gathering to any other local service offered by a Native.

Educational Adventure is a special type of Adventure that Natives (most typically, Knowledgeable Natives) offer through Native4Rent that is for an educational cause, such as a history tour offered by the local museum curator, a photography or rock climbing lesson, gold panning, an archaeological dig, mountaineering or backcountry/outdoor survival classes, etc. Most Educational Adventures provide a fun and safe activity for all ages, while some demand a certain prerequired skill or fitness.

Entertaining Adventure” is one of the most common types of Adventures usually referring to a mild activity that is safe and fun for all ages that Natives (most typically, New Natives and Notable Natives) provide. These Adventures include gardening, jeeping, road trips, camping, frolfing, birdwatching, horseback rides, wine tours and much more.

Exciting Adventure” is usually thought of as the most-fun-possible kind of Adventure that Natives (most typically, Notable Natives or Professional Natives) provide, usually through a license or business as these types of activities often involve high-risk situations. Such kinds of Adventures include summiting 14ers, finding antlers, fly fishing, mountain biking, skiing, paintballing, snowmobiling, rock climbing and more.

Charitable Adventure” means a special type of Adventure that Natives (Charitable Natives) offer through Native4Rent on behalf of Charities and charitable causes. All proceeds from the booking of a Charitable Adventure go directly to the Charity or charitable cause, and any funds relating to the Adventure collected for expected costs remaining after the completion of the Adventure will also be returned and donated to the Charity or a related Charity. Native4Rent, Ltd. makes no guarantees of any contributions as tax-deductible.

Non-Profit Adventure” refers to a special type of Adventure that Natives (Non-Profit Natives) offer through Native4Rent at no cost and with no monetary transactions taking place, in other words, a Free Adventure.

Event” is a term used to describe the access to unique events, locations, and classes, or a special gathering or meeting hosted by Native4Rent or a Native.

Simple Adventure,” Basic Adventure” or in most cases simply, “Adventure refers to the typical type of activity that Natives offer on the Native4Rent platform. A Simple Adventure can be any Adventure that occurs in one day or less, and can be an Adventure offered by the activity, trail, class, run, hike, trip, hour, half-day, day, or any other means by which a Native chooses to offer their idea in the most simple possible means.

Deluxe Adventure, Comprehensive Adventure and “All-Inclusive Adventure” describes a Deluxe Adventure offered by Natives through Native4Rent that takes place over multiple days or involves additional services in addition to a basic Adventure such as lodging, meals, equipment, transportation or the inclusion of additional parties or Natives. Deluxe Adventures may include a package of various Basic Adventures that require the Natives to be certified in multiple areas of expertise and licensure, such as a rock climbing on a rafting trip or a geological lesson on the summit of a 14er.

Technical Adventure” is any activity that requires previous experience, a certain skill-set or knowledgebase, a minimum fitness level, age restriction, or any Adventure with a technical difficulty that could possibly lead to harm or injury.

Dangerous Adventure” is an Adventure which poses a very real risk of danger and may very easily lead to injury or death if not careful. Any Dangerous Adventure should be booked by skilled and experienced Guests only, and you should always exercise extreme caution when booking or providing a Dangerous Adventure.

Book” or “Booking” refers to the Guest or Member’s selection and purchase of an Adventure Service provided by a Native. Upon the commitment and (if applicable,) approval, funds are withdrawn from the Guest or Member by Native4Rent, Ltd., acting as an intermediary, and in accordance with these Terms, sent to the Native, whereupon the Native commits to providing the Adventure for the Member or Guest. The Native, and not Native4Rent, Ltd., is responsible for honoring the Booking.

Publish,” “Publishing,” “Post,” “Posting,” “Offer” or “Offering” refers to an Adventure that is created, submitted or otherwise made available by a Native on Native4Rent for Guests and Members. A Native “offering” or “posting” an Adventure is a declaration and certification Native will be able to provide the Adventure and fulfill all commitments and obligations set forth to ensure a safe and satisfying experience.

Charity” is a term used to identify an organization that meets the Charitable eligibility criteria by having the designation of a 501(c)(3) status.

Designated Charity” refers to the charitable organization selected by the Native that will receive a portion of the proceeds from the booking of the Adventure.

Content” is a term applied to any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information (collectively, “Content“) or other materials that are posted, generated, provided or otherwise made available through The N4R Platform.

Member Content” is a term used to describe any and all Content uploaded, posted, published or in any other way made available on The N4R Platform.

Feedback” explicitly refers to submissions of suggestions for improvement to The N4R Platform.

Native4Rent Content” is a term applied to the content provided and made accessible by Native4Rent, Ltd. and other related third-party users.

Collective Content” is an all-encompassing term collectively describing all Content, both Member Content and Native4Rent Content and all other Content provided in or on The N4R Platform.

Verified Photo” Any photographs provided by professional photographers sent by Native4Rent to take photographs of Adventure Services which are made available by the photographer to Natives to include in their Adventures with or without a watermark or tag bearing the words “Native4Rent Verified Photo” or similar wording.

If you have any questions, please email us.

From all of us at Native4Rent, thank you for making life so incredible!