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Terms of Service

Last Modified: 24 September 2025

These Terms and Conditions (this "Agreement") constitute a binding contract between you and MatchBook, LLC ("MatchBook," "we," or "us"). This Agreement governs your access to and use of the Platform and incorporates by reference MatchBook’s Privacy Policy.

THIS AGREEMENT TAKES EFFECT WHEN YOU CHECK " I AGREE TO THE TERMS OF SERVICE AND PRIVACY POLICY"  WHEN CREATING AN ACCOUNT OR BY ACCESSING OR USING THE PLATFORM (the "Effective Date"). BY ACCESSING OR USING THE PLATFORM, YOU (i) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (ii) REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND, IF ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ORGANIZATION, YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; AND (iii) AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM. 

IMPORTANT LEGAL NOTICE: THIS AGREEMENT CONTAINS DISPUTE RESOLUTION PROVISIONS THAT REQUIRES: (i) BINDING ARBITRATION OF DISPUTES ON AN INDIVIDUAL BASIS; (ii) WAIVER OF THE RIGHT TO A JURY TRIAL; AND (iii) WAIVER OF THE RIGHT TO PARTICIPATE IN CLASS ACTIONS, COLLECTIVE ACTIONS, OR REPRESENTATIVE PROCEEDINGS. BY CLICKING “I ACCEPT” OR BY ACCESSING OR USING THE PLATFORM, YOU EXPRESSLY AGREE TO THESE DISPUTE RESOLUTION TERMS.

Applicability. Certain provisions of this Agreement apply only to Hosts, certain provisions apply only to Renters, and other provisions apply to both users. 

  1.                    Definitions. 

“Aggregated Statistics” means data collected from the use of the Platform or Platform Services that is aggregated and anonymized, and that does not identify any individual or specific Host, Renter, or Property. Aggregated Statistics are owned exclusively by MatchBook.

"Authorized User" means the Host and those individuals (employees, consultants, contractors, or agents) authorized by the Host to use the Platform under this Agreement and for whom the Host has purchased access. 

“Background Check” means the credit and background screening services provided through the Platform by independent third-party reporting agencies, subject to Renter consent forms, as updated from time to time. MatchBook facilitates access to these services but is not a consumer reporting agency and does not prepare, furnish, or determine the results of any Background Check. 

“Booking” means the reservation of a Property made by a Renter through the Platform, which, upon confirmation, creates a Rental Agreement directly between the Host and the Renter. 

"Documentation" means MatchBook's end user documentation relating to the Platform.

“Host” means a property owner or property manager who uses the Platform to list, advertise, offer, or rent out Properties through the Platform.

"Host Data" means all information, data, and other content, in any form or medium, that is submitted, posted, stored, or otherwise transmitted by or on behalf of a Host through the Platform, including without limitation Property listings, descriptions, addresses, photographs, videos, and other materials necessary to advertise or rent a Property. Host Data excludes (i) Personal Information, which is governed by the Privacy Policy, and (ii) Aggregated Statistics, which are owned by MatchBook as set forth in this Agreement.

"MatchBook IP" means the Platform, Platform Services, Documentation, and all intellectual property provided to a Host or any Authorized User in connection with the foregoing. For the avoidance of doubt, MatchBook IP includes Aggregated Statistics and any information, data, or other content derived from MatchBook's monitoring of a Host’s access to or use of the Platform, but does not include Host Data or Renter Data.

“Percentage” means the rate used to calculate the Service Fee, as disclosed at the time of Booking, which may vary based on factors such as Property location, Rental Agreement duration, or other applicable terms.

"Platform" means the online marketplace operated by MatchBook, including its website and related online services, through which Hosts may list Properties and Renters may search for and connect with Hosts.

“Platform Services” means the online tools provided by MatchBook to facilitate Bookings, online leasing under a Rental Agreement, Background Checks, communications, and payments. Platform Services are offered solely as a convenience, and MatchBook disclaims any responsibility for their misuse.

“Properties” means the residential real estate units, homes, apartments, or other short-term rental accommodations that a Host lists, advertises, or offers for short-term rental through the Platform.

“Rental Agreement” means the agreement formed directly between a Host and a Renter upon confirmation of a Booking, which governs the terms of the Renter’s stay at a Property, including without limitation the listing details, price, duration, cancellation policy, and any rules, standards, or requirements disclosed by the Host in the listing or otherwise through the Platform.

“Renter” means an individual who uses the Platform to book, seek to book, or rent a Property.  

“Renter Data” means all information, data, and other content, in any form or medium, that is submitted, posted, stored, or otherwise transmitted by or on behalf of a Renter through the Platform, including without limitation rental applications, background check information, communications with Hosts, and any supporting documents. Renter Data excludes (i) Personal Information, which is governed by the Privacy Policy, and (ii) Aggregated Statistics, which are owned by MatchBook as set forth in this Agreement.

“Service Fee” means the fee charged by MatchBook for use of the Platform and Platform Services, calculated as a Percentage of the total monthly amount due under a Rental Agreement.

“Term” means the duration of this Agreement between you and MatchBook, beginning on the Effective Date and continuing until terminated in accordance with this Agreement. For clarity, the Term of this Agreement is distinct from, and does not govern, the term of any Rental Agreement entered into between a Host and a Renter.

"Third-Party Products" means any products, content, services, information, websites, or other materials that are owned by third parties and are incorporated into or accessible through the Platform.

“User” means any individual or entity that accesses or uses the Platform, including without limitation Hosts, Renters, and visitors who browse the Platform without creating an account or entering into a Rental Agreement.

“User Contributions” means any information, data, or content, in any form or medium, that you submit, post, transmit, or otherwise provide through the Platform. User Contributions may include, without limitation, Property listings (descriptions, photos, amenities, pricing, availability), rental applications, reviews, ratings, photos, videos, comments, and communications between Hosts and Renters. User Contributions do not include Personal Information, which is governed by the Privacy Policy, or Aggregated Statistics, which are owned by MatchBook.

  1.                    Eligibility. Use of the Platform is limited to individuals who are at least eighteen (18) years of age and have the legal capacity to enter into binding contracts. By accessing or using the Platform, you represent and warrant that you (i) are at least eighteen (18) years old, and (ii) have the full right, power, and authority to enter into and comply with this Agreement. Any access to or use of the Platform by individuals under eighteen (18) years of age is expressly prohibited.
  2.                    Description of Marketplace Platform. MatchBook provides the Platform, an online marketplace where Hosts may list Properties and Renters may search for and connect with Hosts. The Platform also offers certain Platform Services, including tools for Bookings, online leasing, communications, payments, and related features. MatchBook facilitates connections and transactions between Hosts and Renters but is not a party to any Rental Agreements, does not own or manage Properties, and disclaims responsibility for any misuse of the Platform or dealings between Users.
  3.                    Access and Use of Platform and Platform Services.
    1.                 Provision of Access. Subject to this Agreement, MatchBook grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Platform and Platform Services during the Term, solely for your permitted use as a Host or Renter. If applicable, MatchBook will provide you with the necessary passwords and access credentials to enable such access.
    2.                Documentation License.  Subject to this Agreement, MatchBook grants you a limited, non-exclusive, non-transferable, non-sublicensable license for Authorized Users to use the Documentation during the Term solely in connection with your permitted use of the Platform and Platform Services.
    3.                 Use Restrictions. You shall not, and shall not permit any Authorized Users to, use the Platform, Platform Services, or the Documentation for any purposes beyond the scope of the rights and licenses granted under this Agreement. You shall not, directly or indirectly, and shall not permit any Authorized Users to:
      1.                  copy, modify, or create derivative works of the Platform, Platform Services, or the Documentation, in whole or in part;
      2.                rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform, Platform Services, or the Documentation other than as expressly permitted by this Agreement;
      3.             reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Platform or the Platform Services, in whole or in part;
      4.              remove any proprietary notices from the Platform, the Platform Services, or the Documentation; or
      5.                use the Platform, the Platform Services, or the Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or violates any applicable law, regulation, or rule.
    4.                Aggregated Statistics. MatchBook may monitor and analyze your use of the Platform and Platform Services and may create Aggregated Statistics from data and information provided or generated through your use of the Platform. As between you and MatchBook, all right, title, and interest in Aggregated Statistics, and all related intellectual property rights remain exclusively with MatchBook. MatchBook may (i) make Aggregated Statistics publicly available in compliance with applicable law and (ii) use Aggregated Statistics for any lawful purpose, provided that such Aggregated Statistics do not identify you or disclose your Confidential Information.
    5.                 Reservation of Rights. MatchBook reserves all rights not expressly granted to you in this Agreement. Except for the limited rights and licenses expressly granted herein, no intellectual property rights in or to the Platform, the Platform Services, the Documentation, or MatchBook IP are granted to you or any third-party, whether by implication, waiver, estoppel, or otherwise.
    6.                 Suspension. Notwithstanding anything to the contrary in this Agreement, MatchBook may temporarily suspend access by you, any User, or any Authorized User to all or part of the Platform or Platform Services if:
      1.                  MatchBook reasonably determines that: (A) there is a threat or attack on the Platform, Platform Services, or MatchBook IP; (B) your or any User’s use of the Platform, Platform Services, or MatchBook IP disrupts or poses a security risk to the Platform, Platform Services, MatchBook IP, or to any other user or vendor of MatchBook; (C) you or any User use the Platform, Platform Services, or MatchBook IP for fraudulent or illegal activities; (D) subject to applicable law, you cease operations, make an assignment for the benefit of creditors, or become subject to bankruptcy, reorganization, liquidation, dissolution, or similar proceedings; or (E) MatchBook’s provision of the Platform or Platform Services to you is prohibited by law;
      2.                Any vendor of MatchBook suspends or terminates MatchBook’s access to third-party services or products necessary for providing the Platform or Platform Services;
      3.             You fail to pay any amounts due under this Agreement when due; or
      4.              As otherwise permitted under this Agreement (each, a “Service Suspension”).

MatchBook will use commercially reasonable efforts to provide written notice of any Service Suspension and to update you regarding resumption of access. MatchBook will also use commercially reasonable efforts to restore access to the Platform and Platform Services as soon as the cause of the Service Suspension is resolved. MatchBook will not be liable for any damages, losses (including lost profits), or other consequences you, any User, or any Authorized User may incur as a result of a Service Suspension.

  1.                    General User Obligations and Responsibilities .
    1.                 Account Registration. To use the Platform, you must register for an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials (including usernames, passwords, and access codes) and must not sell, transfer, or share them with any third-party. You are liable for all activity conducted under your account, whether authorized or unauthorized, and must promptly notify MatchBook of any actual or suspected unauthorized access or use.
    2.                Authorized Users. You are responsible and liable for all activity under your account and by any Authorized User. Any act or omission by an Authorized User that would constitute breach this Agreement if committed by you will be deemed your breach, and you are responsible for all resulting damages, losses, or costs. You must ensure that all Authorized Users comply with this Agreement.
    3.                 Compliance with Applicable Law. All Users must comply with all applicable laws, rules, and regulations. This includes without limitation, laws governing taxes, payment processing, data privacy and security, permits, licensing, zoning, health and safety, fair housing and anti-discrimination. In addition, all Users, including Hosts and Renters, must comply with the Fair Housing Act, the Fair Credit Reporting Act (FCRA), and all other applicable housing and anti-discrimination laws.
    4.                Personal Information. Users must comply with all applicable privacy, data protection, and consumer reporting laws in connection with their use of the Platform, including the collection, disclosure, or processing of any Personal Information. Personal Information is further governed by MatchBook’s Privacy Policy , which is incorporated into this Agreement by reference.
    5.                 MatchBook Not a Party. MatchBook is not a party to, and shall have no liability or responsibility for, any Rental Agreement, transaction, or other arrangement between a Host and a Renter.
    6.                 Content and Acceptable Use. All content submitted to the Platform, including listings, reviews, and descriptions, must comply with this Agreement and MatchBook’s Acceptable Use Policy (“AUP”), which is incorporated by reference. MatchBook may edit, refuse, or remove any content that violates this Agreement or the AUP at its discretion.
    7.                Third-Party Products. The Platform may provide access to third-party products or services, which are subject to their own Terms of Service. You must review and accept those terms before use. MatchBook is not responsible or liable for third-party products or services, and you use them at your own risk.
    8.                Search Results. MatchBook does not guarantee any listing or content will appear in a particular order in search results. Rankings may vary based on factors determined by MatchBook, and may change without notice.
    9.                  Other Agreements. You acknowledge that you may be required to enter into separate agreements, waivers, or Terms of Service prior to leasing.
  2.                    Host Obligations.
    1.                 Accuracy of Host Information. Hosts are solely responsible for their Property listings, which must be accurate, current, and not misleading. This includes all details on amenities, location, price, and availability. MatchBook may suspend or remove listings if a Host fails to comply with this Section.
    2.                Compliance with Rental Agreements and Property Use. Hosts represent and warrant that all Rental Agreements they enter into with Renters, as well as their use of the Platform and Properties, comply with this Agreement and applicable law. Hosts are responsible for ensuring that Properties are used solely for lawful residential purposes, maintained in safe condition, and free from unlawful, hazardous, or disruptive conduct. Hosts may not permit subletting, assignment, or unauthorized occupancy of a Property without prior written consent, and must enforce house rules, cancellation policies, and all terms disclosed in their listings or Rental Agreements.
    3.                 Corrections. Hosts must promptly correct or request correction of any inaccurate listing information. MatchBook may suspend or remove listings if Hosts fail to maintain accuracy or update availability for 14 days. Hosts are responsible for making sure their listings, rental terms, and communications follow these laws.
    4.                Background Checks. Hosts acknowledge and agree that any Background Check results provided through the Platform are obtained and disclosed solely with the Renter’s prior written consent. Hosts must use such information only for the purpose of evaluating the Renter’s application, in compliance with the Fair Credit Reporting Act (FCRA), applicable state and local laws. Hosts may not retain, disclose, or use Background Check information for any other purpose.
    5.                 Host Fair Credit Reporting Act Compliance Addendum. All Hosts shall comply with the Host Fair Credit Reporting Act (FCRA) Compliance Addendum, incorporated herein by reference.
    6.                 No Legal Advice. We do not give legal advice and are not responsible for whether Users comply with these laws. Each User is responsible for understanding and following the rules. We may, at our discretion, remove content or suspend accounts that appear to violate these laws or this Agreement. While we are not required to monitor activity on the platform, we may take steps we think are necessary to protect our community and comply with the law.
    7.                Insurance. Hosts are solely responsible for maintaining sufficient insurance to cover their Properties, operations, and Renters, and must provide proof of coverage to MatchBook upon request.
  3.                    Renter Obligations. 
    1.                 Accuracy of Renter Information. Renters represent and warrant that all information they provide, including account details, applications, background checks, payment details, and Booking information, is complete, accurate, and kept current at all times.
    2.                Payments. Renters are responsible for timely payment of all amounts due under a Booking or Rental Agreement, including rent, the Service Fee, taxes, deposits, and any other disclosed charges.
    3.                 Compliance with Rental Agreements and Property Use. By completing a Booking, Renters enter into a Rental Agreement directly with the Host. Renters must comply with all terms of the Rental Agreement, including payment obligations, house rules, cancellation policies, and requirements disclosed in the listing or otherwise agreed upon. Renters must use Properties solely for lawful residential purposes, maintain them in good condition during the stay, and avoid causing damage, nuisance, or disturbances. Renters must not engage in unlawful, hazardous, or disruptive conduct in or around a Property that negatively affects Hosts, neighbors, or the community. Renters may not sublet, assign, or allow unauthorized guests to occupy a Property without the Host’s prior consent.
    4.                Background Checks. Renters acknowledge and agree that MatchBook may facilitate Background Checks as part of the application and Booking process. Renters are solely responsible for authorizing such Background Checks and may consent to reuse an existing report within the Platform. MatchBook will not disclose the results of any Background Check to a Host unless the Renter has provided prior written consent identifying the Host authorized to receive such information.
    5.                 Insurance. Renters acknowledge that MatchBook does not provide insurance coverage. Renters are responsible for obtaining any personal, travel, or renters’ insurance appropriate to their stay.
  4.                    Service Levels. Subject to the terms and conditions of this Agreement, MatchBook shall use commercially reasonable efforts to make the Platform available in accordance with the service levels.
  5.                    Cancellation of Booking. A Booking may be canceled at the request of either the Host or the Renter. MatchBook may process such cancellations through the Platform; however, cancellation of a Booking on the Platform does not terminate, amend, or otherwise relieve either party of their obligations under the applicable Rental Agreement. If cancellation occurs prior to the Renter’s move-in date and MatchBook still holds funds, MatchBook may return such funds to the Renter in its discretion. MatchBook may also, in extraordinary circumstances such as fraud, scams, or material misrepresentation of a Property, process refunds in accordance with Section 11(c)(iii). Security deposits are not held, managed, or returned by MatchBook, and any refund of a security deposit is the sole responsibility of the Host in accordance with applicable law and the Rental Agreement.
  6.               Service Fees. MatchBook charges the Renter a Service Fee, calculated as a Percentage of the total monthly amount due under the Rental Agreement, excluding the deposit. The Percentage may vary based on factors such as Property location, Rental Agreement duration, or other applicable terms. Prior to Booking, the Service Fee is assessed at a monthly rate, included in the total rental payment, and disclosed and itemized at the time of Booking.
  7.               Rent Payments and Payment Terms.
    1.                 Rent Payments.
      1.                  Rental Payments. When making a Booking, Renters agree to pay all amounts disclosed at checkout, including rent, the Service Fee, taxes, deposits, and any other applicable charges.
      2.                Taxes. Host is solely responsible for reporting and remitting all applicable income, occupancy, lodging, sales, use, or similar taxes. If MatchBook is required to collect or remit taxes on Host’s behalf, it may withhold such amounts from payouts.
    2.                Payment Terms.
      1.                  Payment Method. Renter payment credit cards….
      2.                Payment Processor.
        1.              MatchBook, through Stripe (see Stripe Services Agreement) or another authorized processor, will process payments and transfer the net balance to the Host in accordance of Stripe’s terms and conditions. By completing a Booking, both Host and Renter authorize MatchBook and its processor to verify transaction details for fraud prevention. MatchBook is not a party to, and has no liability for, any payment transactions or disputes between Hosts and Renters.
        2.               All payments between Hosts and Renters, including rent and Service Fees, must be made through the Platform using authorized methods. Neither party may request, offer, or accept cash by mail, instant-cash wire transfers, or any other unauthorized method. Any violation is a material breach and may result in immediate suspension or removal of listings, accounts, or access without notice or refund. MatchBook is not responsible for, and bears no liability for, payments made outside the Platform; the parties engaging in such transactions assume all risk.
    3.                 Payment Terms.
      1.                  Payment Terms. Subject to clearance by the payment processor, MatchBook will transfer net rental proceeds to Host’s designated account within a commercially reasonable period, typically five (5) to seven (7) business days after receipt. MatchBook may delay or withhold payouts to comply with law, investigate fraud, or address chargebacks or disputes. Refunds, partial refunds, or cancellations are governed by the applicable Rental Agreement and the laws of the state where the Property is located.
      2.                Chargebacks and Reversals. Host is solely responsible for chargebacks, reversals, refunds, or other disputed amounts initiated by a Renter or financial institution. MatchBook may deduct such amounts and related fees from future payouts or debit Host’s account.
      3.             Security Deposits Refund. MatchBook may, in its discretion, process refunds of amounts paid through the Platform in extraordinary circumstances, such as fraud, scams, or material misrepresentation of a Property. MatchBook is not responsible for determining refund eligibility or resolving disputes between Hosts and Renters, except where MatchBook elects to act under this subsection. At the conclusion of a Booking, Hosts are solely responsible for determining the amount of any security deposit to be returned and for returning it directly to the Renter in compliance with applicable laws and the Rental Agreement. MatchBook does not hold, manage, or facilitate the return of security deposits. MatchBook may offset any amounts owed by the Host under this Agreement, including Service Fees, chargebacks, or refunds.
    4.                Accounting Errors.
      1.                  Accounting Errors. You must promptly notify MatchBook if: (i) your account has been accessed without authorization; (ii) an unauthorized transaction has occurred; (iii) a transaction was processed incorrectly; or (iv) an account statement contains an inaccuracy (each, an “Error”). Transactions conducted by someone you authorized are not considered Errors unless resulting from fraud, phishing, or a similar exploit.
      2.                Notice Period. Notice of any Error must be provided within sixty (60) days after receipt of the account statement reflecting the Error. MatchBook will investigate within ten (10) business days and correct any Error promptly, or, if additional time is required, may take up to forty-five (45) days (ninety (90) days for new accounts). In such cases, MatchBook will issue a provisional credit within ten (10) business days (twenty (20) business days for new accounts). MatchBook will notify you of the results within three (3) business days after completing its investigation and will provide documentation upon request.
  8.               Confidential Information and Privacy.
    1.                 Confidential Information. From time to time during the Term, MatchBook and Host may disclose or make available to the other party information about its business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information[, whether orally or in written, electronic, or other form or media/in written or electronic form or media,] [that is/[and] whether or not] marked, designated, or otherwise identified as "confidential" at the time of disclosure (collectively, "Confidential Information"). Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving party; (c) rightfully obtained by the receiving party on a non-confidential basis from a third party; or (d) independently developed by the receiving party. The receiving party shall not disclose the disclosing party's Confidential Information to any person or entity, except to the receiving party's employees[, agents, or subcontractors] who have a need to know the Confidential Information for the receiving party to exercise its rights or perform its obligations hereunder [and who are required to protect the Confidential Information in a manner no less stringent than required under this Agreement]. Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required (i) to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure pursuant to the order shall first have given written notice to the other party and made a reasonable effort to obtain a protective order; or (ii) to establish a party's rights under this Agreement, including to make required court filings. Each party's obligations of non-disclosure with regard to Confidential Information are effective as of the date such Confidential Information is first disclosed to the receiving party and will expire five years thereafter; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law.
    2.                Privacy Policy. MatchBook complies with its Privacy Policy, in providing the Platform. The Privacy Policy is subject to change as described therein. By accessing, using, and providing information to or through the Platform, you acknowledge that you have reviewed and accepted our Privacy Policy, and you consent to all actions taken by us with respect to your information in compliance with the then-current version of our Privacy Policy.
  9.               Intellectual Property Ownership; Licenses; Feedback.
    1.                 MatchBook IP. As between you and MatchBook, MatchBook owns all rights, title, and interest, including all intellectual property rights, in and to the Platform and MatchBook IP.
    2.                User Contributions and License. As between you and MatchBook, you retain all rights, title, and interest in and to your User Contributions. You grant MatchBook a non-exclusive, royalty-free, worldwide license to use, reproduce, distribute, display, and otherwise process your User Contributions solely as necessary to provide the Platform and Platform Services. You further grant MatchBook a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use your User Contributions in aggregated and anonymized form to create and use Aggregated Statistics in accordance with this Agreement.
    3.                 Feedback. If you or your employees, contractors, or agents provide MatchBook with suggestions, recommendations, enhancements, improvements, or other feedback relating to the Platform or Platform Services (“Feedback”), MatchBook is free to use such Feedback without restriction. You hereby assign to MatchBook all right, title, and interest in and to the Feedback, including any associated intellectual property rights, without any obligation of attribution or compensation. 
    4.                Use of Trademarks, Names, or Logos. Users may not use MatchBook’s trademarks, names, logos, product or service names, designs, or slogans without MatchBook’s prior written consent. Limited descriptive references to a User’s own activity on the Platform (such as “Check out my listing on MatchBook” or sharing listing URLs on social media) are permitted, provided they do not suggest sponsorship, affiliation, or endorsement by MatchBook. All other uses are strictly prohibited.
  10.               Limited Warranty and Warranty Disclaimer. 
    1.                 Limited Warranty. MatchBook warrants that it will provide access to the Platform and Platform Services using a commercially reasonable level of care and skill. This limited warranty applies only to MatchBook’s provision of the Platform itself. THE FOREGOING WARRANTY DOES NOT APPLY, AND MATCHBOOK EXPRESSLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS OR SERVICES ACCESSED THROUGH OR IN CONNECTION WITH THE PLATFORM.
    2.                User Warranties.
      1.                  Hosts represent and warrant that they are the legal owners of the Properties they list on the Platform, or have full legal authority and rights to offer such Properties for rent. Hosts further represent and warrant that they have secured all rights, titles, and interests in and to their Property listings, Host Data, and User Contributions, and that such materials, and their use of the Platform, comply with this Agreement and the Acceptable Use Policy.
      2.                Renters represent and warrant that all information they provide, including account details, applications, background checks, payment information, and Booking information, is complete, accurate, and kept current at all times, and that their use of the Platform complies with this Agreement and the Acceptable Use Policy.
    3.                 Disclaimer. THE PLATFORM AND PLATFORM SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MATCHBOOK DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE. MATCHBOOK MAKES NO WARRANTY THAT THE PLATFORM OR PLATFORM SERVICES WILL MEET ANY USER’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE WITH ANY THIRD-PARTY SYSTEMS, BE SECURE OR ERROR-FREE, OR THAT ANY DEFECTS CAN OR WILL BE CORRECTED.

Rental Agreements. Any warranties, representations, or obligations relating to a Rental Agreement are solely between the applicable Host and Renter. MatchBook makes no warranties and assumes no responsibility with respect to any Property, Rental Agreement, or dealings between Hosts and Renters. 

  1.               Indemnification. Each User (including Hosts, Renters, and their Authorized Users) shall indemnify, defend, and hold harmless MatchBook, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees (“Losses”), arising out of or relating to any third-party claim, suit, action, or proceeding (“Third-Party Claim”) that results from:
    1.                  the User’s use of the Platform or Platform Services in violation of this Agreement or applicable law;
    2.                the User’s breach of this Agreement, including any Rental Agreement, or violation of applicable law;
    3.             the User’s data, content, Host Data, Renter Data, or User Contributions (including listings, photos, reviews, applications, or other materials) infringing, misappropriating, or otherwise violating the intellectual property, privacy, or other rights of any third party; or
    4.              the negligence, willful misconduct, or unauthorized use of the Platform or Platform Services by the User or its Authorized Users.

No User may settle any Third-Party Claim against MatchBook without MatchBook’s prior written consent. MatchBook reserves the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defense with counsel of its choice.

The obligations in this Section do not apply to the extent a Third-Party Claim arises solely from MatchBook’s gross negligence or willful misconduct.

  1.               Limitations of Liability. IN NO EVENT WILL MATCHBOOK BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, ANY RENTAL AGREEMENT, OR THE PLATFORM, UNDER ANY LEGAL OR EQUITABLE THEORY (INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE), FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) LOST PROFITS, LOST REVENUE, DIMINUTION IN VALUE, OR BUSINESS INTERRUPTION; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) LOSS, INTERRUPTION, DELAY, RECOVERY OF DATA, OR ANY BREACH OF DATA OR SYSTEM SECURITY; or (v) COST OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR MATCHBOOK WAS ADVISED OF THEIR POSSIBILITY. IN NO EVENT WILL MATCHBOOK'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED $100.00.
  2.               Term and Termination. 
    1.                 Term. This Agreement begins on the Effective Date and continues until terminated in accordance with this Section. Certain services may automatically renew for additional successive terms if disclosed at the time of subscription, unless earlier terminated under this Agreement or either party gives written notice of non-renewal at least 7 days before the end of the then-current term.
    2.                Termination. In addition to any other express termination rights:
      1.                  Termination for Convenience. MatchBook may terminate this Agreement for any reason upon 7 days’ prior written notice. Users may terminate this Agreement for any reason upon  7 days’ prior written notice, unless otherwise specified at the time of subscription. Termination of this Agreement does not affect the validity or enforceability of any active Bookings or Rental Agreements, and all associated obligations of the parties under such Bookings or Rental Agreements, including payment obligations and any responsibilities related to deposits, shall survive termination and remain binding on the parties.
      2.                Termination for Breach. Either party may terminate this Agreement with written notice if the other party materially breaches this Agreement and such breach: (A) cannot be cured, or (B) remains uncured 14 days after written notice of the breach.
      3.             Termination for Insolvency. Either party may terminate this Agreement immediately upon written notice if the other party: (A) becomes insolvent or generally unable to pay debts as they come due; (B) files or has filed against it a bankruptcy petition or becomes subject to similar insolvency proceedings; (C) makes a general assignment for the benefit of creditors; or (D) has a receiver, trustee, or similar agent appointed to take charge of its business or assets.
    3.                 Effect of Termination. Upon termination of this Agreement:
      1.                  all rights granted to Users under this Agreement immediately terminate and Users must cease using the Platform and Platform Services;
      2.                MatchBook will cease displaying any listings or User Contributions associated with the terminated account;
      3.             termination does not affect any obligations that accrued prior to termination, including payment obligations; and
      4.              termination of this Agreement does not terminate, amend, or otherwise affect any Rental Agreement entered into directly between a Host and a Renter, which remains governed solely by its own terms.
    4.                Survival. This Section 14(d), Sections 1, 5, 9, 10, 11, 12, 15, 17, 18, 19, and 20 and any right, obligation, or required performance of the parties in this Agreement which, by its express terms or nature and context is intended to survive termination [or expiration] of this Agreement, will survive any such termination [or expiration].
  3.               Modifications. You acknowledge and agree that we have the right, in our sole discretion, to modify this Agreement from time to time, and that modified terms become effective on posting. You will be notified of modifications through direct email communication from us. You are responsible for reviewing and becoming familiar with any such modifications. Your continued use of the Platform after the effective date of the modifications will be deemed acceptance of the modified terms. MatchBook will provide at least 60 days' advance notice of changes to any service level that MatchBook reasonably anticipates may result in a material reduction in quality or services. 
  4.               Export Regulation. The Platform utilize software and technology that may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Platform or the software or technology included in the Platform to, or make the Platform or the software or technology included in the Platform accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, regulation, or rule. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Platform or the software or technology included in the Platform available outside the US.
  5.               Governing Law and Jurisdiction. This agreement is governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Utah. Except as otherwise set forth herein, any legal suit, action, or proceeding arising out of or related to this Agreement or the rights granted hereunder will be instituted in the federal courts of the United States or the courts of the State of Utah in each case located in the city of Ogden and Weber County, and each party irrevocably submits to the jurisdiction of such courts in any such suit, action, or proceeding. 
  6.               Dispute and Arbitration.
    1.                 Initial Resolution. In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, Users (Hosts or Renters) agree to first attempt in good faith to resolve the matter directly with MatchBook through written notice and discussion. If the dispute is not resolved within thirty (30) days after MatchBook’s receipt of such notice, the dispute may proceed under subsection (b).
    2.                Arbitration. Any dispute not resolved under subsection (a) shall be finally resolved by binding arbitration administered by JAMS in Ogden, Utah, pursuant to the JAMS Streamlined Arbitration Rules & Procedures, as modified herein. The arbitration shall be conducted before a single arbitrator selected in accordance with those Rules. The arbitrator shall issue a written award within thirty (30) days following the close of the hearing.
    3.                 Costs. Users agree that they are responsible for their own costs and expenses in connection with arbitration, except that MatchBook shall bear the administrative fees and arbitrator compensation required under applicable law.
    4.                Remedies. The arbitrator shall have authority to award all remedies available at law or in equity, subject to the limitations of liability set forth in this Agreement. Nothing in this Section limits MatchBook’s right to seek injunctive or equitable relief in court to protect its intellectual property, confidential information, or other proprietary rights.
    5.                 Class Action Waiver. All claims must be brought in the parties’ individual capacities, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one User’s claims.
    6.                 Forum Selection. To the extent any dispute is found not to be subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Ogden, Utah, and waive any objection to venue or forum.
  7.               Class Action Waiver. To the fullest extent permitted by law, all disputes shall be resolved on an individual basis. Neither party shall bring or participate in any class, collective, consolidated, private attorney general, or representative action or proceeding against the other, whether in arbitration or in court. Any claims must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
  8.               Miscellaneous. This Agreement constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. Any notices to us must be sent to our corporate headquarters address available below must be delivered by certified or registered mail, return receipt requested and postage prepaid, or by recognized overnight courier service, and are deemed given upon receipt by us. Notwithstanding the foregoing, you hereby consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Platform. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction. Any failure to act by us with respect to a breach of this Agreement by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. This Agreement is personal to you and may not be assigned or transferred for any reason whatsoever without our prior written consent and any action or conduct in violation of the foregoing will be void and without effect. We expressly reserve the right to assign this Agreement and to delegate any of its obligations hereunder.

Contact Us. If you have any questions or requests regarding this Agreement, please contact us at:

MatchBook, LLC
Attn: MatchBook Customer Support

4043 Riverdale Rd. #1071

Ogden, UT 84405

E-mail address: support@MatchBookRentals.com