Terms and Conditions for Use of Perfleek.com

Welcome to our website, Perfleek.com! We hope that Perfleek.com assists you in leasing or renting your vacation rental property. Thank you for using Perfleek.com – we truly appreciate you taking the time to visit our website!

Perfleeck.com is owned by Perfleek, Inc., an Indiana corporation (“Perfleek”). Perfleek was founded with the intention of putting the vacation rental process back in the hands of vacationers and vacation rental owners, and cutting out the “red tape” and booking fees charged by other vacation rental websites.

Prior to your use of Perfleek.com, or any subdomain affiliated with Perfleek.com (“Perfleek.com”), there are a set of terms, conditions and policies which we must inform you of and which will govern your use of Perfleek.com. By your use of Perfleek.com, you acknowledge and agree that you are subject to these terms and conditions, as well as ourPrivacy Policy, which also governs your use of Perfleek.com (collectively, the "Terms andPolicies"). Please read the Terms and Policies carefully, as they contain important information about limitations of liability and resolution of disputes.

1. Perfleek.com is an Advertising, Introduction and Booking Site.

A. Purpose and Role of Perfleek.com. Perfleek.com is primarily an advertising, introduction and booking website. Perfleek does not own or manage any Vacation Property listed on Perfleek.com. Perfleek.com is an online and mobile marketplace for vacation real estate owners and property management companies (“Vacation Owner(s)”) to advertise and market vacation rental properties (the “Vacation Property(ies)”) to vacation renters (“Vacation Renter(s)” and, collectively, Vacation Owners, Vacation Renters, and all other users of Perfleek.com may be referred to herein as “User(s)”). Perfleek.com also allowsVacation Renters to communicate, book and make payments for the rental of the VacationProperties to Vacation Owners directly on Perfleek.com. Perfleek.com may also offer other services related to vacation planning, such as advertisement and reservation information for restaurants, vacation activities, car rentals, vacation insurance, tickets to events, groceries or amenities, or other items or activities related to vacation planning (collectively, the“Ancillary Activities”).

B. Perfleek not a Party to Any Rental Agreement. Any lease, contract, agreement or promise made or related to, by or between any Vacation Owner and a VacationRenter is an agreement by and between the Vacation Owner and the Vacation Renter (with each such lease, contract, agreement or promise referred to herein as a “Rental Agreement”). Perfleek shall not be, under any circumstances, a party, either express or implied, to any Rental Agreement. Perfleek is not a guarantor, and does not guaranty in anyway, the performance by any Vacation Owner or any Vacation Renter of any term or provision of any Rental Agreement. Any Vacation Owner or Vacation Renter that enters into any RentalAgreement related to any Vacation Property shall be responsible for their own due diligence in entering such Rental Agreement, and each such Vacation Owner or Vacation Renter may seek to enforce all terms of such lease or Rental Agreement with the other party(ies) to theRental Agreement. Perfleek does not guaranty or warrant in any way the accuracy or satisfaction by any Vacation Renter of any statement, photo, claim or any term or provision of any Rental Agreement made, stated or communicated by any Vacation Owner. Perfleek does not guaranty, in any way, that any Vacation Renter will be satisfied with any VacationProperty. Perfleek does not guaranty the identity, financial capability, responsibility or actions of any Vacation Renter to Vacation Owner, and Perfleek does not guaranty in any way that any Vacation Renter will not damage or misuse any Vacation Property. Perfleek has no control over any terms of any Rental Agreement for a Vacation Property. Vacation Owner andVacation Renter shall mutually agree upon the price, terms, length of stay, security deposit, guaranties, representations and all other term and conditions of any Rental Agreement, and Perfleek shall have no involvement therewith or liability therefor whatsoever.

C. Perfleek not a Party to Any Agreement for Ancillary Activities. Any lease, reservation, contract, agreement or promise made or related to, by or between anyVacation Owner, Vacation Renter and or a third-party advertiser related to any AncillaryActivities is an agreement by and between the parties entering into such arrangement (with each such lease, arrangement, contract, agreement or promise referred to herein as an “Ancillary Activity Agreement”). Perfleek shall not be, under any circumstances, a party, either express or implied, to any Ancillary Activity Agreement. Perfleek is not a guarantor, and does not guaranty in any way, the performance by any party of any term or provision of any Ancillary Activity Agreement. Any party that enters into any Ancillary Activity Agreement related to any Vacation Property shall be responsible for their own due diligence in entering such Ancillary Activity Agreement, and each such party may seek to enforce all terms of such lease or Ancillary Activity Agreement with the other party(ies) to the Ancillary ActivityAgreement. Perfleek does not guaranty or warrant in any way the accuracy or satisfaction of any statement, photo, claim or any term or provision of any Ancillary Activity Agreement made, stated or communicated by any party. Perfleek does not guaranty, in any way, that any party shall be satisfied with the terms of any Ancillary Activity Agreement. Perfleek does not guaranty the identity, financial capability, responsibility or actions of any party to anyAncillary Activity Agreement.

D. Meaning of Perfleek “Verification” of Vacation Properties. Perfleek.com may state that ownership of a Vacation Property has been “Verified”. The term “Verified”means that Perfleek.com has requested proof of ownership of the Vacation Property from theVacation Owner, pursuant to Perfleek’s policies and procedures in place at that time. Perfleek cannot guarantee, and is not responsible or liable for any forged, altered, incorrect or in accurate verification document (“False Verification”) provided by a Vacation Owner, and any Vacation Renter may seek compensation from the Vacation Owner only for a FalseVerification. Vacation Renter hereby agrees to fully release and hold harmless Perfleek from any and all claims, damages, liabilities or losses associated in any way with a False Verification provided by, or purportedly provided by, a Vacation Owner.

E. Customer Service; Voluntary Dispute Resolution. Perfleek may, in its discretion, provide customer service agents that attempt to resolve disputes between aVacation Renter and a Vacation Owner. However, Perfleek is under no obligation to do so, and Perfleek does not guarantee, warrant or promise in any way that any such customer service will be provided, or that if such customer service is provided, that such customer service will be successful in resolving any such customer dispute to the satisfaction of VacationOwner, Vacation Renter or any other party.

2. Obligations, Responsibility, Representations and Warranties of Users.

A. Compliance Obligation of all Users. Each User agrees to comply with theTerms and Policies and all other applicable laws, rules and regulations applicable to suchUser’s use of Perfleek.com and all activity and transactions related to Perfleek.com.

B. Vacation Owner Compliance with Laws, Term and Policies. Each VacationOwner, in listing their Vacation Property(ies) on Perfleek.com, shall:

(i) Ensure that all descriptions, photographs, comments, statements or other information related to the Vacation Property(ies) listed by suchVacation Owner (collectively, the “Vacation Property Listing Information”) are reasonably fair, accurate, understandable, and not misleading;

(ii) Update the Vacation Property Listing Information as is reasonably necessary to ensure that any Vacation Property Listing Information provided by such Vacation Owner does not become materially misleading or inaccurate;

(iii) If Vacation Owner responds to any inquiries from any VacationRenter, User or agent of Perfleek.com, ensure that all information provided in response to such an inquiry is reasonably fair, accurate, understandable and not misleading;

(iv) List one, and only one, rentable Vacation Property per listing subscription. The listing must reference an actual Vacation Property, and not an example of a group of similar properties. The VacationProperty represented in a listing may not be substituted for another property unless expressly approved in writing by Perfleek and, if applicable, the Vacation Renter;

(v) Maintain an accurate booking calendar;

(vi) If a Rental Agreement is entered, comply with the terms of theRental Agreement; and

(vii) Ensure that Vacation Owner has full right and authority to post all photographs, information and other content included in the listing by Vacation Owner, including owning appropriate copyright rights to any photograph so utilized.

Further, each Vacation Owner agrees that such Vacation Owner shall be responsible for and agree to abide by all federal, state or local laws, rules, ordinances, or regulations applicable to the listing of a Vacation Property, to all Vacation Property Listing Information, and the conduct of the Vacation Owner’s vacation rental business, including, but not limited to, any and all federal, state or local laws, rules, ordinances, regulations or other requirements relating to all anti-discrimination and fair housing laws, taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, and all other applicable laws.

Vacation Owners shall be solely responsible for payment to the requisite authority for all state, local and federal taxes, fees or assessments, and Perfleek shall not be responsible for collection or payment of any such items.

C. Vacation Renter Compliance with Laws, Term and Policies. Each VacationRenter, in renting a Vacation Property(ies) listed on Perfleek.com, shall:

i. Ensure that all information provided by Vacation Renter to a VacationOwner, any other User, or Perfleek, shall ensure that all information provided is reasonably fair, accurate, understandable, and not misleading;

ii. Shall abide by the terms of the Rental Agreement as provided byVacation Owner; and

iii. Shall treat any Vacation Property rented from a Vacation Owner in a reasonable and careful manner, shall not destroy, damage, degrade, waste, or otherwise devalue the Vacation Property, reasonable wear and tear excepted.

Further, each Vacation Renter agrees that such Vacation Renter shall be responsible for and agree to abide by all federal, state or local laws, rules, ordinances, or regulations applicable to the renting of a Vacation Property.

D. Voluntary Intervention by Perfleek. Without assuming any liability to undertake any such action, Perfleek may require, when Perfleek is aware that any VacationOwner or Vacation Renter violates any of these Terms and Policies, such Vacation Owner or Vacation Renter to comply with the Terms and Policies, or Perfleek may, without limitation, terminate such non-complying party’s use of Perfleek.com or take any other action determined to be reasonable by Perfleek. Perfleek may enact certain policies and procedures to attempt to detect fraudulent or illegal activity of which Perfleek becomes aware. However, Perfleek assumes no liability for any such activity or any obligation to detect any such activity.

3. User Registration and Listing Process.

A. User Registration. User may not list or rent a Vacation Property onPerfleek.com until the User has completed the registration process. To register onPerfleek.com, click on the ______ and enter all required information.

B. Listing a Vacation Property. A registered Vacation Owner may list a VacationProperty by going to _____ and entering all required information accurately and completely.

C. Reserving a Vacation Property. A Vacation Renter may initiate the rental process by entering a booking request on Perfleek.com for a Vacation Property (“Booking Request”). A Booking Request is final after it is entered and the Booking Request cannot be cancelled or withdrawn without the consent of the Vacation Owner. A Vacation Owner shall have _____ after the Booking Request is placed to review and confirm the BookingRequest. A Booking Request does not become a confirmed reservation until the VacationOwner confirms the Booking Request, a Rental Agreement is entered (if required by theVacation Owner), and the Vacation Owner has received payment from the Vacation Renter.

D. Credit Card Authorization and Payment. If a Vacation Renter chooses to pay via credit or debit card, a Vacation Renter’s credit or debit card is not charged until theVacation Renter’s reservation is confirmed by the Owner. However, when a Vacation Renter places a Booking Request, Perfleek.com or the Vacation Owner may obtain an authorization from the Vacation Renter’s credit or debit card for the full amount of the Booking Request.The authorization may remain on the Vacation Renter’s credit or debit card until the BookingRequest is finalized as a reservation or rejected by the Vacation Owner. As a Vacation Renter, you grant Perfleek permission to charge your credit or debit card for your Vacation Rental.Perfleek.com shall charge the Vacation Renter’s credit or debit card for the total reservation rate after the Booking Request is confirmed by the Vacation Owner. The credit or debit card charge is paid to Perfleek.com, and Perfleek.com shall pay the Vacation Owner, less any fees due to Perfleek.com, any taxes or other applicable costs or charges, within ______ days.

4. Limitations to License of Users to Use Perfleek.com. Perfleek.com grantsUsers who have agreed to these Terms and Policies a limited, revocable non-exclusive license to access Perfleek.com and the content and services provided on the Perfleek.com solely for the purpose of advertising a Vacation Property, searching for a Vacation Property, renting and/or booking a Vacation Property, and advertising, purchasing or researching any other products or services offered on Perfleek.com (“Limited Revocable License”). Any other use of Perfleek.com by any User is expressly prohibited.

The Limited Revocable License to use Perfleek.com pursuant to these Terms and Policies does not include, and every User shall be strictly forbidden from, any of the following activities:

i. Collecting, copying, aggregating, reproducing or displaying any items, tools or services provided by Perfleek.com, either in whole or in part;

ii. Using data mining, robots, spiders or similar data gathering and extraction tools on Perfleek.com without our permission;

iii. Using Perfleek.com to advertise any property, service, destination, product, or other item that is not validly listed on Perfleek.com by aVacation Owner;

iv. Reverse engineer any portion of Perfleek.com, or modify, change or translate any portion of Perfleek.com into any language or computer language, or to create derivative works from any content or any part of Perfleek.com;

v. Using Perfleek.com in any way or manner which is fraudulent, misleading, illegal or in bad faith;

vi. Posting, uploading or transmitting any obscene, explicit, profane, pornographic, abusive, violent, insensitive, indecent, threatening or defamatory material;

vii. Infringing upon the rights of Perfleek.com, any other User or any thirdparty;

viii. Using Perfleek.com in any manner that, in the sole discretion of Perfleek, has any adverse, negative, or unwanted effect uponPerfleek.com, its’ Users, or the performance of Perfleek.com; or

ix. Utilizing the personal information of any other User other than for the express purpose of complying with or fulfilling the terms of a RentalAgreement or any other transaction expressly agreed to by the parties.

5. Terms of Payment. Perfleek may allow a Vacation Renter to pay a Vacation Owner pursuant to the checkout and payment service provided on Perfleek.com. Perfleek will generally provide payment to the Vacation Owner within forty-eight (48) hours of receiving payment from Vacation Renter. However, Perfleek shall not accept payment on behalf of any Vacation Renter that is not approved by Perfleek’s payment insurance provider (“Payment Insurer”). In the event that Perfleek’s Payment Insurer rejects or fails to approve coverage on any Vacation Renter, then such Vacation Renter must deal directly with Vacation Owner to pay for the Vacation Property.

Assuming a Vacation Owner allows such payment, a Vacation Renter shall always have the right to pay the Vacation Owner directly for a Vacation Property. Perfleek provides its payment service as a benefit to Vacation Renter and Vacation Owner only. As previously stated in these Terms and Policies, Perfleek is in no way a party to, or guarantor of, the rental transaction between Vacation Owner and Vacation Renter.

If there is ever a chargeback or other dispute in payment between a Vacation Renter and Vacation Owner, Vacation Renter and Vacation Owner each expressly agree that Perfleek shall have no liability therefor whatsoever. Vacation Renter hereby expressly releases Perfleek for any liability associated with any chargeback or dispute with a Vacation Owner. Vacation Owner hereby agrees to fully indemnify and hold harmless Perfleek from any charge, expense, liability or claim related to any chargeback or dispute with a Vacation Renter, including court costs and attorney fees (collectively, the “Indemnified Expenses”), and agrees to reimburse Perfleek for all Indemnified Expenses immediately upon demand for payment from Perfleek.

Perfleek reserves the right to include the cost of coverage for its Payment Insurer in the credit card fee charged by Perfleek.

6. Intellectual Property Rights of Perfleek.com. Perfleek.com, as well as all content and information on Perfleek.com, are protected by copyright as a collective work and/or compilation, under applicable U.S. copyright laws and conventions and databaserights. Perfleek is a registered trademark of Perfleek, Inc., U.S. Serial Number___________________.

7. Privacy Policy. As part of listing a Vacation Property, renting a Vacation Property, or utilizing the other services provided on Perfleek.com, Users may be required to provide certain information to Perfleek.com, including contact information, email address, forms of identification, proof of identity, home address, or other information (“User Information”).Perfleek.com shall have the right to retain all User Information in Perfleek.com’s database and utilize all such User Information in accordance with Perfleek.com’s Privacy Policy.Perfleek.com’s Privacy Policy is located at ______, and all Users should review, and their UserInformation shall be governed by, such Privacy Policy.

8. Identity Verification. Perfleek encourages all Vacation Renters and Vacation Owners to communicate directly to ensure the identity, integrity, business practices, financial ability and reputation of the other party. Perfleek cannot, and does not assume any liability for, the identity of any party entering a transaction on Perfleek, as user verification on Internet websites is not possible to ensure with absolute accuracy and verification.

9. Username Password Protection. Each User shall take reasonable measures to protect the safety and security of the User’s username and password. The User shall have sole responsibility for protecting the username and password, and the User shall be solely liable and responsible to Perfleek.com and any other User for the misuse, unauthorized use, or illegal use of the User’s username and password.

If User becomes aware that their username and/or password have been stolen, misused, changed without permission, altered or compromised in any way, then User shall immediately contact Perfleek.com to fully disclose the issues that have occurred. Perfleek.com may then cancel the User’s account, change the User’s username and password, or take any other corrective action as deemed reasonable or necessary in the sole discretion of Perfleek.

10. User Suggestions and Feedback. A User may submit to Perfleek unsolicited suggestions, feedback, ideas or recommended improvements to improve the performance, business, functionality or usability of Perfleek.co (“User Feedback”). Any and all such UserFeedback shall become the sole and exclusive property of Perfleek, and Perfleek shall have sole and absolute authority to use, modify, sell or exchange any such User Feedback without any compensation to the User.

11. Software Available on the Site. Perfleek.com is owned and operated by Perfleek in Jasper, Indiana, United States. Software available on Perfleek.com (the “Software”) is subject to United States export controls. No Software available on Perfleek.com may be downloaded or otherwise exported or re-exported (i) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods (“Forbidden Countries”), or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders (“Forbidden Lists”). By using Perfleek.com, you represent and warrant that you are not in, controlled by, or a citizen or resident of any Forbidden Country or listed on any Forbidden List.

All Software is the copyrighted work of Perfleek. Your use of such Software is governed by these Terms and Policies. COPYING OR REPRODUCING ANY SOFTWARE IS EXPRESSLY PROHIBITED WITHOUT THE EXPRESS WRITTEN CONSENT OF PERFLEEK.

12. Links to Websites or Advertisements of Others. Perfleek.com may provide or contain links to or advertisements for other Internet sites or businesses owned or operated by third parties. Any such links to other Internet Sites do not constitute an endorsement, guaranty, warranty or approval by Perfleek or Perfleek.com of any third party or third party Internet Site.

13. Limitation of Liability. IN NO EVENT WILL PERFLEEK, PERFLEEK.COM, OR ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY,THE “PERFLEEK PARTIES”) BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT,CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF,BASED ON, OR RESULTING FROM (A) PERFLEEK.COM, (B) THESE TERMS AND POLICIES, (C) ANY BREACH OF THESE TERMS AND POLICIES BY YOU OR A THIRD PARTY, (D) USE OF PERFLEEK.COM OR ANY SERVICES PROVIDED BY PERFLEEK (E)ANY USER-CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN PERFLEEK.COMAND ANY THIRD PARTY SITE (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING, WITHOUT LIMITATION, ANY PAYMENT TRANSACTION(EVEN IF WE OR ANY THIRD-PARTY PROVIDER RECEIVES A FEE IN CONNECTION THERE WITH) BETWEEN USERS. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) STRICT LIABILITY, (iv) TORT, (v)NEGLIGENCE, OR (vi) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.IF A USER IS NOT SATISFIED WITH PERFLEEK.COM, DOES NOT AGREE WITH ANY PART OF THESE TERMS AND POLICIES, OR HAS ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST PERFLEEK OR PERFLEEK.COM, THEN SUCH USER’S SOLE AND EXCLUSIVE REMEDY AGAINST THE PERFLEEK PARTIES IS TO DISCONTINUE USINGPERFLEEK.COM.

14. Disclaimers; No Warranties; Perfleek.com provided “As-Is”. PERFLEEK.COM,INCLUDING ALL CONTENT AND SOFTWARE PROVIDED THEREON, IS PROVIDED "ASIS" AND “WITH ALL FAULTS”. TO THE FULLEST EXTENT ALLOWED BY LAW PERFLEEK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR:

A. THE CONTENT AND SOFTWARE PROVIDED ON OR BY PERFLEEK.COM;

B. FOR ANY PRODUCTS, SERVICES OR LINKS TO THIRD PARTY WEBSITES; AND

C. FOR ANY BREACH OF SECURITY, THEFT, HACKING, OR MISUSE ASSOCIATED WITH THE TRANSMISSION OF INFORMATION, DATA,COMMUNICATIONS OR OTHER ITEMS THROUGH PERFLEEK.COM OR ANY SITE ON OR CONNECTED TO PERFLEEK.COM.

PERFLEEK AND PERFLEEK.COM BOTH EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. PERFLEEK DOES NOT WARRANT THAT THE SERVICES OR INFORMATION PROVIDED ON OR BYPERFLEEK.COM WILL NOT BE INTERRUPTED OR WILL BE ERROR FREE. PERFLEEK DOES NOT GUARANTY THAT PERFLEEK.COM WILL BE FREE OF VIRUSES, AND PERFLEEK SHALL NOT BE LIABLE FOR ANY VIRUSES OR DEFECTS THAT ARE UPLOADED TO PERFLEEK.COM BY THIRD PARTIES.

15. User Authority. A User may only use Perleek.com:

a. If you are an individual User representing yourself, if you are over the age of 18 and have the legal capacity and authority to enter into a contractual agreement;

b. If you are representing, either directly, indirectly, or as an agent, a business, corporation, LLC, trust, or any other type of entity, if you have the necessary authority and approval of such entity. By your use of Perfleek.com, you represent and warrant that you have such authority to bind the entity into a legal contractual obligation.

16. Verification of Listing Upon Request by Perfleek. Each Vacation Owner agrees to provide the following information to Perfleek promptly upon request:

a. Proof of ownership of the Vacation Property, or proof of an agency relationship granting Vacation Owner the right to list the Vacation Property;

b. Proof of ownership of any photographs or content posted onPerfleek.com;

c. Proof that any photographs or other information or content posted in a listing or on Perfleek.com is accurate and not misleading in anyway; and

d. Any other information requested by Perfleek, in the sole reasonable discretion of Perfleek.

17. Payments to Perfleek.com by Vacation Owner. Payment for listings must be made to Perfleek in U.S. Dollars, paid either by major credit or debit card, PayPal, or a check drawn on a U.S. bank.

18. No Refund Policy. Refunds are not available to any Vacation Owner unless Perfleek agrees to such refund in writing.

19. Placing of Listings on Other Advertising Sites by Perfleek. Perfleek may, in its sole discretion, provide listing information or links from Perfleek.com to other websites, in other advertisements, through social media, or other advertising channels. User expressly grants Perfleek the right to utilize the listing information in any such way.

20. Termination of Listings; Other Remedies. Perfleek may, in its sole discretion, delete or terminate, in whole or in part, any listing of any Vacation Owner that includes any material deemed inappropriate, inaccurate, misleading, illegal, fraudulent, offensive, in violation of these Terms and Policies, or in any other manner unacceptable to Perfleek orPerfleek.com. Perfleek reserves the right to terminate, revoke, limit or condition any User’s right to use Perfleek.com, without refund, for any breach of these Terms and Policies, any applicable law, rule or regulation, any Rental Agreement, or if the User is in any way misusing Perfleek.com or engaging in conduct that is deemed by Perfleek to be in any way unacceptable. Such unacceptable conduct may include, but is not limited to:

a. Double booking of Vacation Properties,

b. Improperly cancelling of reservations;

c. Providing false or misleading information regarding a VacationProperty;

d. Inaccurate or insecure payment or collection practices;

e. Inappropriate or discriminatory conduct toward any other User or any employee or agent of Perfleek;

f. Violating any generally accepted industry standards in the vacation rental industry;

g. Allowing any Vacation Property to include unsafe, unsanitary or unacceptable conditions; or

h. Any other similar activity.

21. Indemnification of Perfleek by User. Each User agrees to indemnify and hold harmless Perfleek, Perfleek.com, as well as Perfleek’s affiliates, officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including, but not limited to, reasonable legal costs and expenses, expert fees and court costs, brought by anyUser or third party as a result of:

a. Such User’s breach of these Terms and Policies;

b. Such User’s breach of any law statute, rule or regulation;

c. Such User’s breach of any Rental Agreement;

d. Such User’s violation against or breach of the rights of any otherUser or Third Party; or

e. Resulting from any such User’s use of Perfleek.com.

22. Verification of Safety by Vacation Renters. Perfleek encourages all VacationRenters to fully investigate the safety and conditions of any area in which the Vacation Renter is considering traveling to ensure the safety of the area, neighborhood and surroundings.

23. Right to Modify. Perfleek or Perfleek.com may modify, remove or discontinue any feature of Perfleek.com at any time, with or without notice. Perfleek and Perfleek.com may alter, amend, change or modify these Terms and Policies at any time and the amended Terms and Policies shall be effective immediately upon posting to Perfleek.com. Perfleek.com’s posting of the amended Terms and Policies shall serve as notice to all Users of the change in the Terms and Policies.

24. Venue. Indiana law shall apply to the Terms and Policies. Any dispute between aUser and Perfleek shall be venued in a State Court in Dubois County, Indiana, USA, and each User expressly agrees to such venue and jurisdiction.

25. Independent Contractor. The relationship between any User and Perfleek is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms and Policies or User’s use of Perfleek.com.

26. Notices. Any notices to Perfleek or Perfleek.com shall be sent to:

Perfleek, Inc.

Attn: Legal Department

332 3rd Avenue

Jasper, IN 47546

All notices sent by Perfleek to any User shall be sent to the User’s most recent registered email address. Notice shall be deemed accepted upon receipt or 24 hours after an email is sent. In the sole discretion of Perfleek, Perfleek may provide notice by certified mail, postage prepaid and return receipt requested, to any physical address provided to Perfleek during the registration process or later updated in a User’s account.

27. Assignment. Perfleek may assign these Terms and Policies in our sole discretion. User must obtain Perfleek’s prior written consent to assign these Terms andPolicies, which may be granted or withheld by Perfleek in its sole discretion.

28. General. These Terms and Policies constitute the entire agreement between Perfleek and User with respect to the matters set forth herein, and supersede any prior agreement between Perfleek and User with respect to User’s use of Perfleek.com. Headings in these Terms and Policies are for reference only and do not limit the scope or extent of such section. In the event of any conflict between these Terms and Policies and any other communication between User and Perfleek.com, these Terms and Policies shall prevail unless provided otherwise by written agreement of Perfleek and User. If any portion of these Terms and Policies is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Policies shall remain in full force and effect. Further, any provision of these Terms and Policies held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

***************