Pridebnb

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Terms of Service

Updated: June 28, 2023

Dear Pridebnb User,

Thank you for choosing Pridebnb!

These Terms of Service ("Terms") establish a legally binding agreement between you and Pridebnb, governing your use of the Pridebnb Platform, which includes our websites, applications, and related services. In these Terms, "Pridebnb," "we," "us," or "our" refer to the specific Pridebnb entity listed in Schedule 1, with whom you are entering into this agreement.

The Pridebnb Platform provides an online venue where users ("Members") can publish, offer, search for, and book various services. Members who publish and offer services are referred to as "Hosts," while Members who search for, book, or use services are called "Guests." Hosts provide accommodations ("Accommodations"), activities, excursions, events ("Experiences"), and a range of travel and other services (collectively known as "Host Services"). Each offering of a Host Service is referred to as a "Listing." To access and utilize the features of the Pridebnb Platform, you must register an account and ensure that your account information remains accurate. It's important to note that Pridebnb, as the provider of the platform, does not own, control, offer, or manage any Listings or Host Services. Pridebnb is not a party to the agreements directly entered into between Hosts and Guests. Furthermore, Pridebnb is not a real estate broker, travel agency, or insurer. Pridebnb does not act as an agent for any Member, except as outlined in the Payments Terms of Service ("Payment Terms"). For more information about Pridebnb's role, please refer to Section 16.

In addition to these Terms, we have other supplementary terms and policies that you should be aware of, such as our Privacy Policy, which explains how we collect and use personal data, and our Payments Terms, which govern any payment services provided to Members by the Pridebnb payment entities (collectively referred to as "Pridebnb Payments").

If you are a Host, it is your responsibility to understand and comply with all applicable laws, rules, regulations, and third-party agreements that pertain to your Host Services.

Thank you once again for being a part of Pridebnb!

Sincerely, The Pridebnb Team

Table of Contents

Guest Terms

  1. Our Mission

  2. Searching and Booking on Pridebnb

  3. Cancellations, Travel Issues, Refunds, and Booking Modifications

  4. Your Responsibilities and Assumption of Risk

Host Terms

  1. Hosting on Pridebnb

  2. Managing Your Listing

  3. Cancellations, Travel Issues, and Booking Modifications

  4. Taxes

General Terms

  1. Reviews

  2. Content

  3. Fees

  4. Pridebnb Platform Rules

  5. Termination, Suspension, and other Measures

  6. Modification

  7. Resolving Complaints and Damage Claims

  8. Pridebnb's Role

  9. Member Accounts

  10. Disclaimer of Warranties

  11. Limitations on Liability

  12. Indemnification

  13. Contracting Entities

  14. United States Governing Law and Venue

  15. United States Dispute Resolution and Arbitration Agreement

  16. Rest of World Dispute Resolution, Venue and Forum, and Governing Law

  17. Miscellaneous

Guest Terms

1. Our Mission

At Pridebnb, our mission is to create a world where everyone can feel a sense of belonging. Whether you're looking for a cozy cabin, a majestic castle, or a unique cooking class, our platform allows you to explore a large variety of listings and find accommodations that suit your travel preferences. By reviewing the descriptions, photos, host profiles, and guest reviews, you can learn more about each listing. Should you have any questions, feel free to message the host directly.

2. Searching and Booking on Pridebnb

2.1 Searching

With Pridebnb, you can easily search for host services based on various criteria such as the type of service, destination, travel dates, and number of guests. Our platform also provides filters to help you refine your search results. The search results are tailored to your preferences and consider factors like price, availability, reviews, customer service history, cancellation records, popularity, previous trips, saved listings, host requirements, and more. For further information on search results, please refer to our Help Center.

2.2 Booking

When you book a listing on Pridebnb, you agree to pay all charges associated with your booking, including the listing price, applicable fees (such as Pridebnb's service fee), taxes, and any other items specified during checkout (collectively referred to as the "Total Price"). Furthermore, by using Pridebnb Payments, we may charge your chosen payment method to collect any damage claim amounts as outlined in Section 15. Once you receive the booking confirmation, a contractual agreement for host services (referred to as a "Reservation") is established directly between you and the host. In addition to these Terms, you are subject to and responsible for complying with all the terms of the reservation, including the cancellation policy and any other rules, standards, policies, or requirements specified in the listing or during checkout. It is your responsibility to carefully read and understand these rules, standards, policies, and requirements prior to making a booking. Please note that some hosts collaborate with co-hosts or operate as part of a team to provide their services.

2.3 Accommodation Reservations

An accommodation reservation grants you a limited license to enter, occupy, and use the accommodation. The host retains the right to re-enter the accommodation during your stay if it is reasonably necessary, permitted by your contract with the host, and in compliance with applicable laws. If you exceed the designated checkout time, the host may enforce reasonable penalties in accordance with the law to ensure your departure. Additionally, you must adhere to the maximum number of allowed guests specified by the host.

2.4 Reservations for Experiences and Other Host Services

When you make a reservation for an experience or any other host service, you gain the right to participate, attend, or use that specific service. It is your responsibility to ensure that both you and any additional guests meet any minimum age, proficiency, fitness, or other requirements specified by the host. Furthermore, you must inform the host of any medical conditions, physical limitations, or other circumstances that may affect your ability to participate, attend, or use the service. Unless explicitly authorized, you may not invite anyone to join a host service unless they are included as an additional guest during the booking process.

3. Cancellations, Travel Issues, Refunds, and Booking Modifications

3.1 Cancellations, Travel Issues, and Refunds

Generally, if you, as a guest, cancel a reservation, the refund amount is determined by the cancellation policy applicable to that reservation. However, certain situations may warrant the application of different policies that take precedence and determine the refund amount. In cases where factors beyond your control force you to cancel a reservation, you may be eligible for a partial or full refund under our Exceptional Circumstances Policy. If a host cancels the reservation, or you encounter a travel issue as defined in our Rebooking and Refund Policy, you may qualify for rebooking assistance or a partial or full refund under that policy. Specific policies apply to certain types of listings. For example, experience reservations are governed by the Experiences Guest Refund Policy, while Luxe reservations are subject to the Luxe Rebooking and Refund Policy. For detailed information on coverage and applicable refunds, please consult the relevant additional legal terms or policies.

3.2 Booking Modifications

Both guests and hosts are responsible for any booking modifications agreed upon via the Pridebnb platform or requested through Pridebnb customer service. By making such modifications, you agree to pay any additional amounts, fees, or taxes associated with the changes.

4. Your Responsibilities and Assumption of Risk

4.1 Your Responsibilities

You are responsible for your own actions and omissions, as well as those of any individuals you invite to join or access any accommodation, experience, or other host service. This entails leaving an accommodation (and any personal belongings) in the same condition as when you arrived, paying reasonable amounts for any damages caused by you, your guests, or your pets, and conducting yourself with integrity, respect, and adherence to applicable laws at all times. If you are making a booking for a minor or bringing a minor to a host service, you must have legal authorization to act on their behalf and assume full responsibility for supervising them.

4.2 Your Assumption of Risk

You acknowledge that certain activities entail inherent risks and, to the maximum extent permitted by law, you assume all risks associated with accessing and using the Pridebnb platform and its content, including accommodations, experiences, other host services, and interactions with other members, whether online or in person. It is your responsibility to evaluate the suitability of a host service before participating. For example, host services may carry risks of illness, bodily injury, disability, or death, and by choosing to engage in such services, you willingly accept those risks.

Host Terms

5. Hosting on Pridebnb

5.1 Becoming a Host

Pridebnb extends to you the opportunity to utilize our platform as a Host, sharing your accommodations, experiences, or other Host Services with our vibrant community of Guests while earning income. Creating a Listing is a straightforward process, and you have full control over how you host. This includes setting your pricing, availability, and establishing the rules for each Listing.

5.2 Contracting with Guests

Upon accepting a booking request or receiving a booking confirmation via the Pridebnb Platform, you enter into a direct contract with the Guest. As a Host, you are responsible for providing your Host Service according to the terms and pricing outlined in your Listing. Additionally, you agree to pay any applicable fees, such as Pridebnb's service fee and associated taxes, for each booking. Pridebnb Payments will deduct the owed amounts from your payout unless an alternative arrangement is agreed upon between us. Any terms, policies, or conditions incorporated into supplementary contracts with Guests must align with these Terms, our Additional Legal Terms, Policies, and the information provided in your Listing. These terms should be prominently displayed in your Listing description.

5.3 Independence of Hosts

Your relationship with Pridebnb is one of independence. You operate as an independent individual or entity and not as an employee, agent, joint venture, or partner of Pridebnb, except for the role of Pridebnb Payments as described in the Payments Terms. Pridebnb does not exert control over your Host Service, and you have full discretion regarding whether and when to offer Host Services, as well as the pricing and terms you wish to apply.

6. Managing Your Listing

6.1 Creating and Managing Your Listing

The Pridebnb Platform equips you with tools to efficiently establish and manage your Listing. It's imperative that your Listing provides complete and accurate information about your Host Service, including pricing, additional charges such as cleaning or resort fees, offline fees, and any applicable rules or requirements for Guests or Listings. You are responsible for maintaining up-to-date and accurate Listing information, including calendar availability and content such as photos. We recommend securing appropriate insurance for your Host Services and carefully reviewing policy terms and conditions, including coverage details and exclusions. Each Accommodation may have only one active Listing, but a single property with multiple accommodations may have multiple Listings.

6.2 Understanding Your Legal Obligations

You are obligated to comprehend and adhere to any laws, regulations, rules, and contractual obligations that pertain to your Listing or Host Services. For example, some leases, landlord-tenant agreements, or homeowner association rules may restrict or prohibit subletting, short-term rentals, or extended stays. Certain cities may have zoning laws that impose restrictions on short-term residential rentals. In some regions, Hosts may need to register, obtain permits, or secure licenses to offer specific Host Services, such as short-term rentals, extended stays, food preparation, alcohol service, guided tours, or transportation services. In certain cases, Host Services may be entirely prohibited. Some areas require you to register Guests staying in your Accommodation. Moreover, local laws may establish tenant rights for Guests and impose additional responsibilities on Hosts. For instance, certain regions have landlord-tenant laws, rent control regulations, and eviction statutes that may apply to extended stays. We recommend checking local regulations to determine the applicable rules for your intended Host Services. Any information provided by us concerning legal requirements is purely for informational purposes, and it is your responsibility to independently verify your obligations. You are accountable for handling and utilizing personal data from Guests and other individuals in compliance with relevant privacy laws and these Terms, including our Host Privacy Standards. If you have inquiries regarding the application of local laws, we strongly advise seeking legal guidance.

6.3 Search Ranking

The ranking of Listings in search results on the Pridebnb Platform depends on various factors, including the following key parameters:

  • Guest search criteria (e.g., number of Guests, trip dates, price range)
  • Characteristics of your Listing (e.g., price, availability on the calendar, quantity and quality of images, Reviews, type of Host Service, your Host status, Listing age, average Guest popularity)
  • Your requirements as a Host (e.g., minimum or maximum nights, booking cutoff times)
  • Guest preferences (e.g., previous trips, saved Listings, the location they are searching from)

Please note that search results may appear differently on our mobile application compared to our website. Pridebnb may offer Hosts the option to promote their Listings in search results or other parts of the Pridebnb Platform for an additional fee. For more details on the factors influencing the appearance of your Listing in search results, any current promotional programs, and how we identify promoted content, please consult our Help Center.

6.4 Your Responsibilities

You are liable for your actions and inactions, as well as those of any individuals you permit to participate in providing your Host Services. You are responsible for setting prices and establishing rules and requirements for your Listing. Any and all fees and charges must be clearly described in your Listing description, and you may not collect additional fees or charges outside the Pridebnb Platform unless expressly authorized by our Offline Fee Policy. You should refrain from encouraging Guests to create third-party accounts, submit reviews, disclose their contact information, or undertake other actions outside the Pridebnb Platform, which would contravene our Off-Platform Policy.

6.5 Hosting as a Team or Organization

If you collaborate with co-hosts or operate within a team, business, or other organization, both the entity and each participating individual assume responsibility and liability as Hosts under these Terms. If you accept terms or enter contracts, you represent and warrant that you have the authority to enter into contracts on behalf of your team, business, or organization and that each entity you represent is in good standing according to the laws of its jurisdiction. If you perform other functions, you represent and warrant that you are authorized to carry out those functions. In instances where you instruct Pridebnb to transfer a portion of your payout to a co-host or other Hosts, or to send payments to another recipient, you must have the authority to do so and are responsible for the accuracy and payment amounts as well as the information provided for payouts.

6.6 Your Assumption of Risk

You acknowledge that hosting carries inherent risks, and you agree to assume all risks associated with accessing and using the Pridebnb Platform, offering Host Services, or any interaction with other Members, whether in person or online. You affirm that you have had the opportunity to evaluate the Pridebnb Platform and any relevant laws, regulations, or obligations that may apply to your Listings or Host Services. You acknowledge that you are not relying on any legal advice or statements made by Pridebnb.

7. Cancellations, Travel Issues, and Booking Modifications

7.1 Cancellations and Travel Issues

In general, if a Guest cancels a Reservation, the payment made to you is determined by the applicable cancellation policy for that Reservation. As a Host, you should refrain from canceling on a Guest without a valid reason, as defined by our Extenuating Circumstances Policy or applicable law. Unauthorized cancellations may result in cancellation fees and other penalties. If a Guest experiences a Travel Issue (as defined in the Rebooking and Refund Policy), an Extenuating Circumstance occurs, or a Reservation is canceled under Section 13 of these Terms, the amount you receive will be reduced by the refund or compensation provided to the Guest, along with any reasonable costs incurred by Pridebnb due to the cancellation. If a Guest receives a refund after you have already been paid, or if the refund and other costs incurred by Pridebnb exceed your payout, Pridebnb (via Pridebnb Payments) may recover the excess amount from you, including offsetting it against your future payouts. You acknowledge that Pridebnb's Rebooking and Refund Policy, Extenuating Circumstances Policy, and these Terms supersede the cancellation policy you establish, provided they allow for Reservation cancellations and refunds. In cases where we anticipate providing a refund to a Guest under one of these policies, we may postpone the release of any payout for that Reservation until a refund decision is reached.

7.2 Booking Modifications

Both Hosts and Guests bear responsibility for any Booking Modifications they agree to make through the Pridebnb Platform or request through Pridebnb customer service. Additionally, they agree to cover any additional amounts, fees, or taxes associated with the Booking Modification.

8. Taxes

8.1 Host Taxes

As a host using the Pridebnb platform, it is incumbent upon you to identify and fulfill your tax obligations in accordance with the relevant laws and regulations governing your hosting activities. These tax responsibilities encompass reporting, collecting, remitting, or factoring into your pricing any applicable taxes, which may include but are not limited to Value Added Tax (VAT), indirect taxes, occupancy taxes, tourist taxes, income taxes, or any other taxes required by local, regional, or national authorities.

8.2 Collection and Remittance by Pridebnb

Pridebnb does not collect taxes; this is the sole responsibility of the host. While Pridebnb partners with Stripe, a reputable payment processor, to facilitate smooth payments, it's essential to note that tax collection remains with the host.

Stripe, in specific cases, may provide tools for tax-related tasks like calculations, collections, and reporting for payments processed through their platform. However, this does not alter the fact that tax collection is the host's exclusive duty.

Every Pridebnb host must be well-versed in their local tax obligations. In some U.S. states, market facilitator laws mandate online platforms to collect and remit sales tax. Pridebnb, based in Oregon, doesn't operate under such laws since Oregon doesn't impose sales tax. Hosts may need to manage sales tax in compliance with their state's rules.

Regarding income tax, Pridebnb doesn't collect it on behalf of hosts. Income tax associated with rental income is the host's responsibility, and hosts should consult tax advisors or local tax authorities for guidance.

In summary, Pridebnb strives for a seamless hosting experience but doesn't engage in tax collection. Understanding local tax laws and obligations is crucial for hosts to ensure a compliant and hassle-free hosting experience.

8.3 Tax Information

Certain tax regulations may necessitate the collection and/or reporting of tax-related information about you, or the withholding of taxes from your payouts, or both. In the event that you fail to provide sufficient documentation, as determined by Pridebnb, to support the obligation to withhold taxes from your payouts, Pridebnb may withhold payouts up to the amount required by law until such time as adequate documentation is provided.

Pridebnb reserves the right, where applicable, to issue invoices or similar documentation for taxes such as Value Added Tax (VAT), Goods and Services Tax (GST), consumption taxes, or other applicable taxes related to your host services. These documents may be generated on your behalf to facilitate accurate tax reporting by you, our guests, and their respective organizations.

Please note that this article is provided for informational purposes and is not intended as legal advice. Hosts and members of the Pridebnb platform are encouraged to seek professional advice or consult with tax authorities regarding their specific tax obligations.

General Terms

9. Reviews

After each Host Service, Guests and Hosts will have the opportunity to review each other. Your Review must be accurate and should not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Please note that Reviews are not verified by Pridebnb for accuracy and may sometimes be incorrect or misleading.

10. Content

Certain parts of the Pridebnb Platform allow you to provide feedback, text, photos, audio, video, information, and other content (referred to as "Content"). By providing Content, in any form and through any means, you grant Pridebnb a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to copy, modify, create derivative works of, distribute, publish, and otherwise exploit that Content, without limitations. If your Content includes personal information, please refer to our Privacy Policy for information on how we use that personal information. In cases where Pridebnb pays for the creation of Content or facilitates its creation, Pridebnb may own that Content. In such cases, supplemental terms or disclosures will specify the ownership. You are solely responsible for all Content you provide and warrant that you either own it or have the necessary authorization to grant Pridebnb the rights described in these Terms. You are also responsible and liable if any of your Content violates or infringes upon the intellectual property or privacy rights of any third party. All Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Pridebnb may offer translation services or automated tools for Content translation, and your Content may be translated using such services or tools. However, Pridebnb does not guarantee the accuracy or quality of translations, and Members are responsible for verifying the accuracy of such translations.

11. Fees

Pridebnb may charge fees (including applicable taxes) to Hosts and Guests for using the Pridebnb Platform. For more information on when service fees apply and how they are calculated, please visit our Service Fees page. Except as otherwise provided on the Pridebnb Platform, service fees are non-refundable. Pridebnb reserves the right to change the service fees at any time and will provide Members with notice of any fee changes before they take effect. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change, you have the option to terminate this agreement at any time, as outlined in Section 13.2.

12. Pridebnb Platform Rules

12.1 Rules

You must adhere to the following rules and must not assist or encourage others to violate or circumvent these rules:

  • Act with integrity and treat others with respect.
  • Do not lie, misrepresent something or someone, or impersonate others.
  • Communicate or interact with others in a polite and respectful manner.
  • Follow our Nondiscrimination Policy and refrain from discriminating against or harassing others.
  • Do not engage in activities such as scraping, hacking, reverse engineering, compromising, or impairing the Pridebnb Platform.
  • Do not use bots, crawlers, scrapers, or other automated means to access or collect data or interact with the Pridebnb Platform.
  • Do not hack, evade, remove, impair, or attempt to bypass any security or technological measures used to protect the Pridebnb Platform or Content.
  • Do not decipher, decompile, disassemble, or reverse engineer any software or hardware used to provide the Pridebnb Platform.
  • Do not take any action that could damage or disrupt the performance or proper functioning of the Pridebnb Platform.
  • Only use the Pridebnb Platform as authorized by these Terms or any other agreement with us.

13. Termination, Suspension, and Other Measures

13.1 Term

The agreement between you and Pridebnb, as indicated by these Terms, becomes effective when you access the Pridebnb Platform (e.g., to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

13.2 Termination

You have the option to terminate this agreement at any time by sending us an email or deleting your account. Pridebnb may terminate this agreement and your account for any reason by providing you with a 30-day notice via email or any other contact information you have provided. Additionally, Pridebnb may immediately and without notice terminate this agreement and restrict access to the Pridebnb Platform if you violate these Terms, our Additional Legal Terms or Policies, or if you violate applicable laws, or if termination is necessary to protect Pridebnb, its Members, or third parties. If your account remains inactive for more than two years, we may terminate it without prior notice.

13.3 Member Violations

If you breach these Terms, our Additional Legal Terms, Policies, or Standards, violate applicable laws, regulations, or third-party rights, or if Pridebnb reasonably believes it is necessary to protect Pridebnb, its Members, or third parties, Pridebnb may, with or without prior notice:

Suspend or limit your access to the Pridebnb Platform and/or your account. Suspend or remove Listings, Reviews, or other Content. Cancel pending or confirmed bookings. Suspend or revoke any special status associated with your account. For minor violations or when deemed appropriate at Pridebnb's discretion, you will receive notice of any intended measure, giving you an opportunity to resolve the issue. You can appeal actions taken under this section by contacting customer service. If a Reservation is canceled under this section, the amount paid to the Host will be reduced by any refunds provided to the Guest, as well as any other costs incurred due to the cancellation.

13.4 Legal Mandates

Pridebnb may take any necessary action to comply with applicable law or the order or request of a court, law enforcement, administrative agency, or governmental body, including the measures described in Section 13.3.

13.5 Effect of Termination

If you are a Host and terminate your Pridebnb account, any confirmed booking(s) will be automatically canceled, and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically canceled, and any refund will depend on the terms of the Reservation's cancellation policy. Once this agreement has been terminated, you are not entitled to restore your account or any of your Content. If your access to the Pridebnb Platform has been limited, your Pridebnb account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Pridebnb Platform through another Member's account.

13.6 Survival

Certain parts of these Terms that, by their nature, survive termination will remain in effect even after the termination of this agreement. These include Sections 2 through 26.

14. Modification

Pridebnb reserves the right to make changes to these Terms at any time. When significant changes are made, we will post the revised Terms on the Pridebnb Platform and update the "Last Updated" date. You will also receive an email notification at least 30 days before the revised Terms take effect. If you do not agree with the revised Terms, you have the option to terminate this agreement immediately. However, if you continue to access or use the Pridebnb Platform after the revised Terms become effective, it will be considered as your acceptance of the changes.

15. Resolving Complaints and Damage Claims

If a Member provides valid evidence of damage caused by you, your guests, or your pets to their property, they can submit a Damage Claim through the Resolution Center. You will be notified of the claim and given an opportunity to respond. If you agree to pay or if Pridebnb determines that you are responsible for the Damage Claim, Pridebnb may collect the amount from you. Pridebnb may also seek recovery from any insurance policies you maintain or pursue other remedies available under the law. You are required to cooperate and provide necessary information in relation to Damage Claims or other claims related to your use of Host Services.

16. Pridebnb's Role

Pridebnb provides a platform for Members to publish, search for, and book Host Services. While we strive to ensure a positive experience, we do not control the conduct of Guests and Hosts. We have the right to monitor the use of the Pridebnb Platform and verify information provided by Members for various purposes. We may review, disable access to, remove, or edit Content to maintain the platform's integrity, ensure compliance with the Terms, and address any harmful or objectionable content. Decisions regarding our Additional Legal Terms, Policies, and Standards are made at our discretion. You are expected to cooperate with Pridebnb and provide requested information in investigations related to your use of the platform.

17. Member Accounts

To access and use the Pridebnb Platform, you must register an account. Registration is open to legal entities, partnerships, and individuals who are 18 years or older. You represent and warrant that you are eligible to use the platform under applicable laws. It is your responsibility to provide accurate and up-to-date information during registration. You may only have one account, and you must maintain the confidentiality and security of your account credentials. If you suspect any unauthorized access to your account, you must notify Pridebnb immediately. In certain cases, we may request additional information or conduct verification checks.

18. Disclaimer of Warranties

The Pridebnb Platform and all Content are provided "as is" without any warranties, express or implied. We do not endorse or warrant the conduct, performance, safety, or suitability of Members, Listings, or third parties. We do not guarantee the performance or uninterrupted access to the platform, nor do we warrant that verification checks will identify past or prevent future misconduct. References to "verified" Members or Listings indicate completion of relevant processes and nothing more. These disclaimers apply to the maximum extent permitted by law.

19. Limitations on Liability

Pridebnb and any other party involved in providing the platform or Content will not be liable for any incidental, consequential, or special damages, including lost profits, data loss, or personal injury arising from these Terms or the use of the Pridebnb Platform. Our aggregate liability for any claim or dispute will not exceed the amount paid by Guests in the preceding 12 months or the amount paid to Hosts during the same period. These limitations of liability and damages are fundamental to the agreement between you and Pridebnb, and they may not apply if prohibited by applicable law.

20. Indemnification

You agree to release, defend, indemnify, and hold Pridebnb and its

affiliates harmless from any claims, liabilities, damages, losses, and expenses arising from your breach of these Terms, improper use of the platform, interactions with Members, stays at accommodations, participation in experiences or other Host Services, failure to report or remit Taxes accurately, or breach of laws or third-party rights.

21. Contracting Entities

The Pridebnb entity you contract with depends on your country of residence or establishment and the activities performed on the platform. If a different Pridebnb entity is identified for a product, feature, or transaction, that entity will be your contracting entity for that specific case. If you change your country of residence or establishment, the applicable Pridebnb entity and Terms of Service will be determined by your new location.

22. United States Governing Law and Venue

If you reside or have your place of establishment in the United States, these Terms will be interpreted according to the laws of the State of Oregonn and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (excluding small claims actions) must be brought in state or federal court in Medford, Oregon, unless both parties agree otherwise. You and Pridebnb consent to the jurisdiction and venue in Medford, Oregon.

23. United States Dispute Resolution and Arbitration Agreement

23.1 Application

This Arbitration Agreement is applicable only if you reside or have your establishment in the United States. If you reside or have your establishment outside the United States but still attempt to bring a legal claim against Pridebnb in the United States, this Arbitration Agreement will be used to determine whether this Section 23 applies to you and to address other threshold determinations, such as residency, arbitrability, venue, and applicable law.

23.2 Overview of Dispute Resolution Process

Pridebnb is committed to providing a consumer-friendly dispute resolution process. These Terms outline a two-part process for individuals covered by Section 23: (1) an informal negotiation with Pridebnb's customer service team (described in paragraph 23.3 below), and if necessary (2) a binding arbitration administered by the American Arbitration Association ("AAA"). Both you and Pridebnb have the option to pursue resolution of the dispute in small claims court instead of arbitration.

23.3 Mandatory Pre-Arbitration Dispute Resolution and Notification

Before initiating arbitration, you and Pridebnb agree to notify the other party in writing of the dispute at least 30 days in advance and make a good faith effort to resolve the issue informally. You must send your notice of dispute to Pridebnb's agent for service at this address. Pridebnb will send its notice of dispute to the email address associated with your Pridebnb account. The notice of dispute should include the party's name, contact information, a brief description of the dispute, and the requested relief. If the dispute remains unresolved after the 30-day period, either party may proceed with arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).

23.4 Agreement to Arbitrate

You and Pridebnb mutually agree that any dispute, claim, or controversy arising from or related to these Terms, their applicability, breach, termination, validity, enforcement, interpretation, or any use of the Pridebnb Platform, Host Services, or any Content (collectively, "Disputes") will be resolved through binding individual arbitration as outlined in this Arbitration Agreement. The arbitrator will determine whether this Arbitration Agreement can be enforced or applies to the Dispute.

23.5 Exceptions to Arbitration Agreement

You and Pridebnb agree that the following types of claims are exempt from the Arbitration Agreement and may be pursued in court: (i) claims alleging infringement, misappropriation, or violation of intellectual property rights; (ii) claims seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger, cyber-attack); (iii) requests for public injunctive relief; and (iv) individual claims of sexual assault or sexual harassment arising from your use of the Pridebnb Platform or Host Services. Public injunctive relief will be addressed after the arbitration of all other claims and will be stayed pending the arbitration outcome, in accordance with the Federal Arbitration Act.

23.6 Arbitration Rules and Governing Law

This Arbitration Agreement falls under the jurisdiction of the Federal Arbitration Act, which governs its interpretation and enforcement. The arbitration will be conducted by the arbitrator according to the Consumer Arbitration Rules or other applicable AAA arbitration rules, as determined by the AAA. The AAA Rules can be found at www.adr.org. To initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party as specified in the AAA rules.

23.6 Arbitration Rules and Governing Law

This agreement for arbitration involves a transaction in interstate commerce, and its interpretation and enforcement are governed by the Federal Arbitration Act. The arbitration will be conducted by the arbitrator in accordance with the applicable Consumer Arbitration Rules and/or other arbitration rules determined by the AAA (the "AAA Rules"), as modified here. You can find the AAA Rules at www.adr.org. To initiate arbitration, you must file a completed written demand (available at www.adr.org) with the AAA and provide it to the other party as specified in the AAA rules.

23.7 Modification to AAA Rules - Arbitration Hearing/Location

For your convenience, Pridebnb agrees that any required arbitration hearing may take place, at your choice: (a) in the U.S. county where you reside, (b) in San Francisco County, or (c) via phone or video conference. If the disputed amount is $5,000 or less, the parties agree to proceed solely based on the submission of documents to the arbitrator.

23.8 Modification of AAA Rules

Attorney's Fees and Costs: Your arbitration fees and your share of the arbitrator's compensation will be governed by the AAA Rules. Either party may request the arbitrator to award attorneys' fees and costs if they can prove that the other party has made a groundless claim, brought a claim in bad faith or for harassment purposes, or made a frivolous claim, as permitted by applicable law and the AAA Rules.

23.9 Arbitrator's Decision

The arbitrator's decision will include the essential findings and conclusions on which the award is based. The arbitration award may be entered as a judgment in any court with jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief can only be awarded on an individual basis and to the extent necessary to provide relief for the individual claim.

23.10 Jury Trial Waiver

You and Pridebnb acknowledge and agree that both parties are waiving the right to a trial by jury for all disputes subject to arbitration.

23.11 No Class Actions or Representative Proceedings

You and Pridebnb acknowledge and agree that, to the fullest extent permitted by law, both parties are waiving the right to participate as plaintiffs or class members in any class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless agreed in writing, the arbitrator cannot consolidate claims from multiple parties or preside over any form of class or representative proceeding. If a final judicial determination determines that the waiver in this paragraph is unenforceable for any claim, cause of action, or requested remedy, then that specific claim, cause of action, or requested remedy will be severed from the arbitration agreement and brought in a court of competent jurisdiction. In such a case, the remaining claims, causes of action, or requested remedies not subject to arbitration will be stayed until all arbitrable claims, causes of action, and requested remedies are resolved by the arbitrator.

23.12 Severability

Except as provided in Section 23.11, if any part of this Arbitration Agreement is deemed illegal or unenforceable, that specific provision will be severed, and the remainder of the Arbitration Agreement will remain in full force and effect.

23.13 Changes to Agreement to Arbitrate

If Pridebnb makes changes to this Section 23 after the date you last accepted these Terms (or any subsequent changes to these Terms), you can reject the change by sending us written notice (including by email) within 30 days of the effective date of the change. However, rejecting a new change does not revoke or alter your prior consent to any earlier agreements to arbitrate any dispute between you and Pridebnb (or any subsequent changes), which will remain in effect and enforceable for any dispute between you and Pridebnb.

23.14 Survival

Except as provided in Section 23.12 and subject to Section 13.6, this Section 23 will survive the termination of these Terms and continue to apply even if you stop using the Pridebnb Platform or close your Pridebnb account.

24. Rest of World Dispute Resolution, Venue and Forum, and Governing Law

If you reside or have your place of establishment outside of the United States, China, and Brazil, this Section applies to you, and these Terms will be interpreted in accordance with Irish law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. If you are acting as an individual consumer, and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Irish law. As an individual consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Pridebnb's place of business in Ireland. If Pridebnb wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.

25. Miscellaneous

25.1 Other Terms Incorporated by Reference

Our Host Damage Protection, Japan Host Insurance Terms, Rebooking and Refund Policy, Experiences Guest Refund Policy, Content Policy, Nondiscrimination Policy, Extenuating Circumstances Policy, Additional Legal Terms, Policies, Standards, and other supplemental policies and terms linked to in these Terms apply to your use of the Pridebnb Platform, are incorporated by reference, and form part of your agreement with Pridebnb.

25.2 Interpreting these Terms

These Terms, including the items incorporated by reference, constitute the entire agreement between Pridebnb and you regarding your access to or use of the Pridebnb Platform and supersede any prior oral or written understandings or agreements between Pridebnb and you, except as supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures. These Terms do not confer any rights or remedies upon anyone other than you and Pridebnb. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck, but it will not affect the validity and enforceability of the remaining provisions. The term "will" in these Terms connotes an obligation with the same meaning as "shall."

25.3 No Waiver

Pridebnb'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. The exercise of any remedy by either party under these Terms will be without prejudice to its other remedies under these Terms or as permitted by law.

25.4 Assignment

You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Pridebnb's prior written consent. Pridebnb may, at its sole discretion and with 30 days' notice, assign, transfer, or delegate this agreement and any rights and obligations hereunder without restriction.

25.5 Notice

Unless specified otherwise, any notices or communications permitted or required under this agreement will be provided electronically by Pridebnb via email, Pridebnb Platform notification, messaging service (including SMS and WeChat), or any other contact method you provide. If a notification relates to a booking or listing in Japan, you agree that electronic notifications satisfy Pridebnb's obligations under the Japanese Housing Accommodation Business Act.

25.6 Third-Party Services

The Pridebnb Platform may contain links to Third-Party Services that are subject to different terms and privacy practices. Pridebnb does not endorse such Third-Party Services and is not responsible or liable for any aspect of them.

25.7 Mapbox Terms

Pridebnb search and discovery map is powered by Mapbox. Your use of Mapbox mapping services is subject to the Mapbox Terms of Service.

25.8 Google Terms

Some translations on the Pridebnb Platform might be powered by Google. Google disclaims all warranties related to the translations, and your use of Google Maps/Earth mapping services is subject to the Google Maps/Google Earth Additional Terms of Service.

25.9 Pridebnb Platform Content

Content made available through the Pridebnb Platform may be protected by intellectual property laws. You acknowledge that all intellectual property rights for that content belong to Pridebnb and/or its licensors. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices. Except as expressly permitted in these Terms or as the legal owner of the content, you may not use, copy, adapt, modify, prepare derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or exploit any content accessed through the Pridebnb Platform for personal and non-commercial use.

25.10 Pridebnb.org

Pridebnb.org is a nonprofit corporation operating as a public charity and is not owned or controlled by Pridebnb. Pridebnb.org administers charitable programs that benefit Host and Guest communities and the public.

25.11 Force Majeure

Pridebnb shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, or disease, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

25.12 Emails and SMS

You will receive administrative communications from us via the email address or other contact information you provide for your Pridebnb account. Additional email subscription programs will not affect the frequency of these administrative emails, but you may receive additional emails specific to the subscribed programs. You may also receive promotional emails from us, and third-party data rates may apply. You can control whether you receive promotional emails through your account settings. Please note that disabling certain communication settings or not having an Pridebnb account may prevent you from taking advantage of certain promotions. If you consent to receive SMS (text messages) from us in the U.S., you will be subject to our SMS Terms.

25.13 Contact Us

If you have any questions about these Terms, or need further clarification, please don't hesitate to contact our support team. We are here to assist you.