Terms of Service

Website Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website, platform, and related services provided by Trade Vacations, LLC ("Trade Vacations," "we," "our," or "us"). By creating an account or using https://trade-vacations.com (the "Platform"), you agree to be bound by these Terms. If you do not agree, please do not use the Platform.

Your use of the Platform is also subject to our Privacy Policy, which is incorporated into these Terms by reference.

1. Overview of the Platform

The Platform is a two-sided marketplace connecting:

• Homeowners ("Owners") to list vacation homes in need of repairs or maintenance and offer stays at those properties as compensation; and

• Tradespeople ("Service Providers") to offer repair, maintenance, or improvement services in exchange for such stays.

• Users ("Users") means any person that accesses the Platform, including both Owners and Service Providers.

The Platform facilitates trades in the Virginia Beach and Outer Banks coastal region, including Nags Head, Kill Devil Hills, Kitty Hawk, Duck, Corolla, and Sandbridge (the "Covered Area"). The Platform supports nine categories of repair: Painting, Carpentry, Plumbing, Electrical, Landscaping, Cleaning, Renovation, Maintenance, and General Handyman for properties listed on the Platform. The Platform does not provide, perform, supervise, direct, control, oversee, manage or guarantee any services or stays. All agreements between Owners and Service Providers are directly between those parties. Trade Vacations does not provide project management, construction management, or contracting services and does not value, appraise, negotiate, broker, or determine the equivalence of any trade transaction. The Platform is not a "barter exchange" as defined under IRS regulations and does not issue 1099‑B, 1099‑K, or similar tax forms.

2. Eligibility

   1. Owners

To use the Platform as an Owner, you must:

• Be the legal owner of the property in the Covered Area or have full authority to offer stays and authorize repairs;

• Be at least 18 years old;

• Maintain an active Subscription with the Platform ($29/month or $249/year) to list properties and post opportunities;

• Possess all appropriate property and liability insurance, but no less than insurance levels as would be maintained by a reasonably prudent owner of property in the Covered Area, as enumerated in Section 10.2 below; and

• Comply with all applicable laws, including without limitation, all applicable regulations, zoning rules, HOA rules, and rental restrictions.

  1. Service Providers

To use the Platform as a Service Provider, you must:

• Be at least 18 years old;

• Create a free account;

• Possess all required licenses, certifications, permits, and insurance for the services you offer; and

• Be legally authorized to perform such services in the Covered Area where Service Provider provides services to Owners.

As a Service Provider, you are solely responsible for (i) understanding and complying with all laws, rules and regulations that may apply to services provided, (ii) obtaining and maintaining any required licenses, permits, certifications, authorizations or registrations prior to providing your services; (iii) retaining, keeping up to date, and preserving the documentation needed to verify these licenses, permits, and registrations, (iv) providing evidence of such compliance to Trade Vacations or its designated agent upon request, or as required on the Platform, and notifying Trade Vacations if you are no longer in compliance, and (v) ensuring that your use of the Platform and engagement in trades will not breach any agreement you may have with any third party.

3. Account Registration

   1. General

You are required to create an account to use or access certain parts of the Platform including listing properties, posting repair needs, and engaging with Service Providers. In order to create an account, you are required to provide login information such as a username and password to access and utilize your account, which can only be modified upon request from the User. You are solely responsible for your authentication email and password and you agree to keep them confidential and not to disclose them to anyone, in any form, for any reason. As a condition of your use of the Platform, you agree to (a) provide Trade Vacations with true, accurate, current and complete information as prompted by the Platform's registration forms, when registering for or using the Platform and (b) update and maintain the truthfulness, accuracy and completeness of such information. Each account is limited to a single role (Service Provider or Owner).

2. Owners

An Owner's subscription to use the Platform (each a "Subscription") requires Owners to pay a recurring subscription fee ($29/month or $249/year) (the "Subscription Fee") to list properties and to access matching features. Subscription Fees are non‑refundable except as required by law. The Subscription is available in the form of either a monthly or an annual membership, allowing Owners unlimited access to exchanges during the validity period of the Subscription and will automatically renew at the end of each billing cycle unless you cancel before the renewal date. A Subscription covers unlimited properties.

By subscribing, you authorize us and our third‑party payment processor to charge your selected payment method for all applicable fees. All payments are processed by our third‑party payment processor. We do not store full payment card numbers. You agree to provide accurate billing information and keep your payment method up to date. We may change Subscription Fees from time to time. If we do, we will provide advance notice, and the new fees will apply at the start of your next billing cycle unless you cancel before renewal.

3. Service Providers

Subject to compliance with these Terms, Service Providers may access the Platform for free after creating an account and completing any required verification steps. Service Providers must indicate which of the following nine services they are able to provide: Painting, Carpentry, Plumbing, Electrical, Landscaping, Cleaning, Renovation, Maintenance, and General Handyman.

4. Account Security

As a User of the Platform, you are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.

4. Platform as a Venue Only

   1. General.

The Platform is a neutral venue that enables Service Providers and Owners to discover, communicate, and arrange for services directly with one another. The Platform does not provide, perform, request, accept, offer, broker, endorse, monitor or otherwise engage in any services listed by Service Providers, and is not a party to, agent for, joint venturer with, contractor or contracting counterparty to, or employer of any Service Providers or Owner. We do not:

• Perform, supervise, or guarantee any repair or maintenance work;

• Verify the quality, safety, legality, or suitability of any services or properties;

• Vet or endorse any Owner or Service Provider;

• Control or guarantee the accuracy of listings or User‑provided information;

• Supervise, direct, control, or monitor the work or conduct of any User, whether on or off the Platform;

• Negotiate, draft, review, or enforce any agreements between Users and has no duty to do so;

• Determine the fair market value of any service, stay, or exchange; or

• Participate in or guarantee any service‑for‑stay arrangement.

All risks arising from interactions between Owners and Service Providers rest exclusively with those parties. The Platform does not handle, hold, escrow, receive, transmit, or otherwise process payments between Service Providers and Owners; all service arrangements and terms are solely between the applicable Service Provider and Owner. All interactions, communications, agreements, and transactions between Owners and Service Providers (including the performance of any maintenance or related services) are solely between such parties. Trade Vacations is not a party to any such interactions or transactions and shall have no responsibility or liability arising from or related to such interactions or transactions.

1. Third Party Record-Keeping Role.

In connection with facilitating interactions on the Platform, Trade Vacations may host, store, or maintain certain records, data, or content provided by Users, including without limitation listings, profiles, communications transmitted through the Platform's messaging tools, scheduling entries, ratings or reviews, and transaction-related metadata that Users elect to input (collectively, "Facilitation Records"). Trade Vacations maintains Facilitation Records solely in its capacity as a third-party record keeper and venue operator to support Platform functionality. Trade Vacations does not create, originate, or author the substance of Facilitation Records, except for system-generated logs or data necessary to operate the Platform.

2. No Verification; No Endorsement

Trade Vacations does not verify, vet, screen, audit, monitor, warrant, or endorse any Service Provider, Owner, listing, service description, quote, availability, insurance, licensing, certification, accreditation, or other credentials or qualifications. Any references on the Platform to a Service Provider's purported credentials or qualifications are User-supplied information and are not verified by Trade Vacations. Listing on the Platform does not constitute a recommendation, certification, or qualification of any Service Provider. Trade Vacations has no duty to vet, investigate, or verify any User, listing, credential, insurance policy, or representation. Users are solely responsible for conducting their own due diligence, background checks, and credential verification prior to engaging any services. Your dealings with, or participation in promotions of any Service Provider, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider exclusively and do not involve Trade Vacations. Trade Vacations does not endorse and is not responsible or liable for any data, advertising, products, goods or services available or unavailable from, or through, any third party or Service Provider. You agree that should you use or rely on such data, advertisement, products, goods or services, available or unavailable from, or through any third party or Service Provider that Trade Vacations is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance.

3. Assumption of Risk.

You acknowledge that trading services for stays carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Platform, posting listings, both for projects and services, or any interaction you have with other Users whether in person or online. You agree that you have had the opportunity to investigate the Platform and any laws, rules, regulations, or obligations that may be applicable to your listings and that you are not relying upon any statement of law made by Trade Vacations. Users are solely responsible for (a) conducting their own due diligence, including verifying licensure, insurance, qualifications and background of Service Providers, and (b) entering into any separate agreements governing their relationship. You agree that Trade Vacations is not responsible for the accessibility or unavailability of any User or for your interactions and dealings with them, waive the right to bring or assert any claim against Trade Vacations relating to any interactions or dealings with any User, and release Trade Vacations from any and all liability for or relating to any interactions or dealings with any other User. You acknowledge that all in‑person interactions occur solely at your own risk and that Trade Vacations does not supervise or monitor any in‑person meetings, work, or property access.

To the maximum extent permitted by applicable law, all risks arising from or relating to any interactions between Owners and Service Providers, including, without limitation, any property damage, personal injury, defective or incomplete work, delays, non-performance, misrepresentations, fraud, or other acts or omissions, are borne solely and exclusively by such parties.

5. Using the Platform

   1. Submitting Content

By submitting any content to the Platform, including any text, descriptions, reviews, photographs, images, videos, messaging and any other content that you, other Users and/or any third parties submit to the Platform (the "Content"), you, although retaining all ownership rights in the Content, hereby grant Trade Vacations a non-exclusive, royalty-free, fully paid, worldwide, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) right and license in your intellectual property rights, including but not limited to copyright, trademark rights, and as applicable, moral rights, in the Content. Such license rights include, but are not limited to, the right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and publicly display and perform all Content posted or submitted by Users to the Platform throughout the world for any purpose in any media or form now known or hereafter devised; and to use your name in connection with any such Content. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Trade Vacations, and others as described and otherwise contemplated in these Terms.

2. Listing and Content Requirements

By uploading Content, you agree to ensure that all Content uploaded is:

• Accurate and not misleading;

• Free of third‑party intellectual property violations; and

• Not defamatory, obscene, or discriminatory.

We may remove Content that violates these Terms in our sole discretion.

6. User Responsibilities and Conduct

   1. General Conduct

All Users agree to:

• Provide accurate, complete, and non‑misleading information;

• Communicate respectfully and professionally;

• Not engage in fraud, harassment, discrimination, or illegal conduct; and

• Not engage in scraping, automated data collection, spam, reverse engineering, account sharing, fraudulent listings, unlawful conduct, impersonation, or any activity intended to interfere with the operation or security of the Platform;

• Not complete or arrange barter transactions off‑platform for the purpose of avoiding Subscription Fees or circumventing Platform functionality. While the Platform allows and encourages Users to exchange personal contact information (such as email addresses or phone numbers) and to conduct final negotiations or logistical discussions off‑platform, any transaction, arrangement, or agreement that originates on the Platform must still be completed through the Platform. Users may not use off‑platform communication to bypass the Platform, its processes, or its fees.

  1. Owner Responsibilities

Owners represent, warrant, and agree that:

• The property is safe, habitable, and compliant with applicable laws;

• They will disclose all known hazards, defects, or safety issues;

• They will maintain appropriate property and liability insurance, but no less than insurance levels as would be maintained by a reasonably prudent owner of property in the Covered Area;

• They will provide accurate descriptions of the property and the work required;

• They will determine and comply with obligations to report, collect and remit any applicable taxes, including, but not limited to, occupancy, local, state and Federal income taxes;

• They will verify the completion of any agreed-upon work;

• Offering stays in exchange for services does not violate any zoning laws, HOA rules, rental restrictions, leases, mortgage covenants, or other contractual obligations; and

• They will honor agreed‑upon stays and provide access to the property as promised.

Owners acknowledge that they are independent third parties and not employees, agents, or representatives of Trade Vacations.

1. Service Provider Responsibilities

Service Providers represent, warrant, and agree that:

• They possess all required licenses, permits, and insurance in the Covered Area for the services offered;

• All work will be performed in a professional, workmanlike manner consistent with industry standards;

• They are solely responsible for providing their own tools, equipment, safety gear, and materials unless otherwise agreed with the Owner;

• They will comply with all applicable laws, codes, and safety requirements in the Covered Area;

• They will repair any damage caused by their negligence or misconduct; and

• They will not perform work beyond their competence or legal authorization in the Covered Area.

Service Providers acknowledge that they are independent third parties and not employees, agents, or representatives of Trade Vacations. Service Providers are solely responsible for determining and complying with all federal, state, and local licensing, permitting, registration, insurance, home‑improvement, consumer‑protection, mechanic's lien, and contractor‑qualification requirements applicable to their services, including those enforced by the Virginia Department of Professional and Occupational Regulation and the North Carolina Licensing Board for General Contractors.

7. Ratings and Reviews

   1. Purpose of Ratings

The Platform has a double-blind rating system that requires both parties to submit reviews after each completed trade ("Ratings"). Ratings are revealed simultaneously after both are submitted or after a 7-day timeout. Users with repeatedly low ratings may be subject to account restrictions under our two-strike policy, as outlined below. Ratings are intended solely to help Users make informed decisions and to promote accountability within the community.

2. User Responsibility for Ratings

Users represent and warrant that any Ratings they submit:

• Are truthful, accurate, and based on their actual experience;

• Do not contain defamatory, discriminatory, harassing, or otherwise unlawful content;

• Do not include confidential information, personal data of third parties, or irrelevant commentary; and

• Are not submitted in exchange for compensation, incentives, or any improper influence.

Users are solely responsible for the content of their Ratings**.**

1. Platform Rights Regarding Ratings

The Platform may, at its sole discretion:

• Display, remove, filter, or decline to publish Ratings;

• Moderate Ratings for compliance with these Terms; and

• Use Ratings to improve the Platform, including for quality control, fraud prevention, and user‑matching algorithms.

The Platform is not obligated to verify the accuracy of any Rating.

1. No Endorsement or Guarantee

Ratings are user‑generated content and do not reflect the views of the Platform.

The Platform does not:

• Endorse any user based on Ratings;

• Guarantee the accuracy, reliability, or fairness of Ratings; and/or

• Validate whether a Rating is representative of a user's typical performance or conduct.

Users rely on Ratings at their own risk.

1. Prohibited Conduct Related to Ratings

Users agree not to:

• Manipulate Ratings through fake accounts, coordinated activity, or reciprocal review schemes;

• Pressure, coerce, or threaten another user to leave a positive Rating;

• Retaliate against another user for leaving a negative Rating; and/or

• Offer or accept incentives in exchange for Ratings.

Violations of this Section 7.5 may result in account suspension or termination.

1. Two-Strike Policy

Users who repeatedly receive ratings of two stars or less may be subject to review, suspension, or removal from the Platform in Trade Vacations' sole discretion.

2. Review Challenges and Complaints

Users may request that Trade Vacations review a Rating or review ("Review Challenge") if they believe it violates these Terms, including for inaccuracy, harassment, discrimination, defamation, or other prohibited content. Users may submit Review Challenges or other complaints regarding User conduct, listings, or interactions through the Platform's reporting tools or by contacting Trade Vacations at the address provided in Section 22.

Upon receiving a Review Challenge or complaint, Trade Vacations may, in its sole discretion:

• Review the challenged content;

• Request additional information from the parties involved;

• Remove, filter, or decline to publish the content; or

• Take no action.

Trade Vacations is not obligated to investigate any Review Challenge or complaint, to mediate disputes between Users, or to provide the outcome or reasoning behind any moderation decision. All moderation decisions are final and made at Trade Vacations' sole discretion.

Submitting a Review Challenge does not guarantee removal or modification of any content, nor does it pause or prevent any account actions, including strikes, suspensions, or terminations.
8. Service‑for‑Stay Agreements

Any agreement between an Owner and a Service Provider---including scope of work, timelines, materials, stay dates, and any additional terms---is solely between those parties. The Platform and Trade Vacations are not a party to any such agreement and have no duty to mediate, resolve, or intervene in disputes. Trade Vacations is not responsible for drafting, reviewing, interpreting, or enforcing any service for stay agreement.

Users are encouraged to document their agreement in writing.

9. Damages and Disputes Between Users

   1. User‑to‑User Responsibility

Owners and Service Providers are solely responsible for resolving disputes, including:

• Property damage;

• Incomplete or defective work;

• Cancellations or no‑shows;

• Misrepresentations;

• Personal injury or safety issues; or

• Any other dispute arising between an Owner and a Service Provider.

  1. Platform Not Responsible

The Platform is not liable for:

• Any damages to property;

• Any bodily injury or death;

• Any losses, costs, or expenses arising from User interactions; or

• Any failure of an Owner or Service Provider to perform.

We may, but are not obligated to, assist in dispute resolution.

10. Insurance

    1. General

The Platform does not provide insurance of any kind. Please be aware that even though we are not a party to any trades and, to the extent permitted by law, we assume no liability for legal or regulatory compliance pertaining to listing any property or offering any services on our Platform, there may be circumstances where we are nevertheless obligated or required to provide information relating to any listing in order to comply with governmental and/or regulatory bodies in relation to investigations, litigation or administrative proceedings. Trade Vacations does not verify the existence, adequacy, or validity of any insurance policy maintained by any User. Trade Vacations does not guarantee that any insurance policy will cover any claim.

2. Owner Insurance

Owners must maintain all applicable insurance for the ownership and operation of rental properties in the applicable Covered Area, including but not limited to, homeowner, landlord, or short‑term rental insurance covering:

• Property damage;

• Liability for injuries; and

• Risks associated with allowing Service Providers on the property.

  1. Service Provider Insurance

Service Providers must maintain all applicable insurance for the provision of services in the applicable Covered Area, including but not limited to:

• General liability insurance;

• Workers' compensation insurance if required by law;

• Any other insurance required for their trade.

11. Reporting Violations

If you believe that a User, listing or other Content on the Platform poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Trade Vacations. In addition, if you believe that a User, listing or other Content on the Platform has violated our community standards, you should report your concerns to Trade Vacations at support@trade-vacations.com. If you report an issue to local authorities, Trade Vacations may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.

12. Cancellation Policy

    1. User‑to‑User Cancellations

Owners and Service Providers may cancel a confirmed service‑for‑stay arrangement at least fourteen (14) days before the scheduled start date without penalty. Cancellations must be communicated directly between the parties. Trade Vacations is not a party to any cancellation and has no obligation to mediate or resolve disputes arising from cancellations. Users acknowledge and agree that they are solely responsible for monitoring weather conditions, travel advisories, evacuation orders, and other safety‑related information relevant to their stay or service engagement. Trade Vacations does not monitor weather, safety conditions, or governmental orders and makes no representations regarding the safety, accessibility, or suitability of any property or service.

2. Late Cancellations (Within 14 Days)

A cancellation made fewer than fourteen (14) days before the scheduled start date ("Late Cancellation") may result in a strike under Trade Vacations' two‑strike policy. Trade Vacations may issue a strike to the canceling User based on the circumstances, frequency, and impact of the cancellation.

3. No‑Shows and Same‑Day Cancellations

A cancellation made within 24 hours of the scheduled start date, or a failure to appear or provide access as agreed ("No‑Show"), will generally result in a second strike and may lead to account suspension or termination.

4. Reliance and Consequences Between Users

If a User cancels after the other party has reasonably relied on the agreement, including but not limited to purchasing materials, traveling to the property, blocking dates, or preparing the property, the canceling User is solely responsible for any consequences of that cancellation. Trade Vacations is not liable for any losses, costs, or damages arising from cancellations.

5. Platform Not Responsible

Trade Vacations does not guarantee the completion of any service‑for‑stay arrangement and is not responsible for:

• Last‑minute cancellations;

• No‑shows;

• Failure to perform; or

• Any losses, costs, or damages arising from a cancellation.

All risks associated with cancellations rest solely with the Users.

1. Repeated Cancellations

Users who repeatedly cancel confirmed arrangements, whether inside or outside the 14‑day window, may be subject to account limitations, suspension, or termination at Trade Vacations' discretion.

2. Force Majeure and Emergency Cancellation Policy

If a Force Majeure Event (defined below) prevents or materially interferes with a scheduled stay or service engagement, either the Owner or the Service Provider may cancel the arrangement without penalty. Users agree that:

• Cancellations made in good faith due to a Force Majeure Event will not result in strikes, negative ratings, or adverse account actions;

• They will act reasonably and in good faith when a Force Majeure Event occurs, including promptly notifying the other party, cooperating to reschedule when feasible, and taking reasonable steps to mitigate losses or disruptions;

• All risks associated with Force Majeure Events are borne solely by the affected Users;

• The Platform is not responsible for determining whether a Force Majeure Event exists; and

• The Platform has no obligation to mediate, enforce, or resolve disputes arising from Force Majeure cancellations.

For purposes of these Terms, a "Force Majeure Event" means any event or circumstance beyond the reasonable control of a User, including but not limited to:

• Hurricanes, tropical storms, storm surge, or severe weather warnings;

• Flooding, water intrusion, or property damage caused by natural events;

• Mandatory or voluntary evacuation orders issued by governmental authorities;

• Utility outages affecting electricity, water, gas, or internet services;

• Road closures, transportation shutdowns, or travel disruptions that make access to the property impossible or unsafe; and

• Natural disasters, acts of God, or other emergency conditions that render performance impracticable or unsafe.

13. Term; Termination

    1. Term.

The agreement between you and Trade Vacations reflected by these Terms is effective when you access the Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

2. Termination

We may suspend or terminate any account, in our sole discretion, for:

• Violations or breaches of these Terms, applicable laws, regulations or third-party rights;

• Fraudulent or unsafe conduct;

• Failure to pay Subscription Fees; or

• Legal or regulatory concerns.

Users may terminate their accounts at any time via their dashboard on the billing page, by email, or via management of their Subscription through the payment customer portal. Trade Vacations may suspend or terminate accounts based on complaints, safety concerns, or ratings, even if unverified, and has no obligation to disclose the basis for such action.

1. Effect of Termination

If you are an Owner and terminate your account, any confirmed trade(s) will continue until completed, but no new opportunities can be posted after cancellation. If you terminate your account as a Service Provider, any confirmed trade(s) will be automatically canceled, and the Owner will be notified. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your listings or other Content. If your access to or use of the Platform has been limited, or your account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Platform through an account of another User. Trade Vacations does not guarantee retention of any messages, listings, communications, or Facilitation Records after termination.

14. Disclaimers

To the fullest extent permitted by law:

• The Platform is provided "as is" and "as available."

• We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non‑infringement.

• We do not guarantee the quality, safety, legality, or outcome of any services or stays.

To the extent that any statutory rights or warranties cannot be disclaimed, they will be limited to the maximum extent permitted by law. You acknowledge and agree that you assume the entire risk arising out of your listings, property, use of the Platform, provision of services and any interactions that you have with Users and others. Trade Vacations does not provide legal, tax, accounting, construction, safety, or professional advice of any kind. Users should consult their own advisors. Users are solely responsible for determining and reporting any tax obligations arising from barter transactions, including income tax, self‑employment tax, and occupancy tax.

15. Limitation of Liability

To the maximum extent permitted by law, Trade Vacations is not liable for any:

• Indirect, incidental, special, punitive, or consequential damages;

• Loss of profits, data, or goodwill;

• Property damage, personal injury, defective or incomplete work, delays, non-performance, misrepresentations, fraud; or

• Other acts or omissions of Owners or Service Providers.

To the maximum extent permitted by applicable law, you hereby irrevocably waive, release and forever discharge Trade Vacations and its officers, directors, employees, agents, affiliates, successors, and assigns from any and all claims, demands, causes of action, damages, losses, liabilities, costs, or expenses, whether known or unknown, arising out of or relating to:

• your use of the Platform;

• your interactions or transactions with other Users;

• any content posted, transmitted, or made available through the Platform; or

• any acts or omissions of other Users.

If applicable law prohibits such waiver, the parties agree that Trade Vacations liability shall be limited to the maximum extent permitted by law. In all events, our total liability in any circumstance arising out of or in connection with the Platform shall not exceed the amount of fees you pay to us to access the Platform in the prior 12 months.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR."

16. Indemnification

Users agree to indemnify, defend, and hold harmless Trade Vacations from any claims, damages, losses, liabilities, and expenses including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

• Their use of the Platform;

• Their services, property conditions, or conduct;

• Violations or breaches of these Terms or any other Trade Vacations rules or policies;

• Interactions with other Users on the Platform;

• Any claims arising from violations of zoning laws, rental restrictions, licensing laws, contractor regulations, or tax obligations;

• Their breach of any laws, regulations or third party rights; or

• Injuries or damages occurring at the property, during service work or otherwise, whether caused by an Owner, Service Provider or third-party.

17. Modifications

We may, in our sole discretion, update these Terms at any time effective upon posting the modified Terms on and in connection with the Platform, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Platform to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Platform and to provide Trade Vacations notice to remove you from any distribution lists or other communication lists that are available to you through your use of the Platform. Continued use of the Platform after such posting, or other notification, if any, constitutes acceptance of and agreement to be bound by the updated Terms.

18. Use of the Platform

Subject to full compliance with these Terms, Trade Vacations grants authorized Users a nonexclusive, nontransferable, non-sublicensable, terminable license to access and use the Platform for your use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Platform or any of its content for any purpose except for your use and as described in these Terms, without the express written consent of Trade Vacations. Trade Vacations may modify, update, suspend or discontinue the Platform, in whole or in part, in our sole discretion for any or no reason, at any time and with or without notice. Trade Vacations shall not be liable to any User or other third party for any such modification, update, suspension or discontinuance.

19. Trademarks and Copyrights

Trade Vacations and other Platform graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks of Trade Vacations in the U.S. and/or other countries. These trademarks may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.

You should assume all content and material made available on the Platform is protected by copyright law. Aside from User-submitted Content, all other materials and other information on the Platform, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Trade Vacations and/or its licensors and are protected by all United States and international copyright law.

20. Governing Law; Dispute Resolution

These Terms are governed by the laws of the Commonwealth of Virginia, without giving effect to any choice or conflict of law provision or rule (either of the Commonwealth of Virginia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the Commonwealth of Virginia. Disputes shall be resolved through binding arbitration on an individual basis. To fullest extent permitted by applicable law, you and Trade Vacations agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable Commercial Arbitration Rules of the American Arbitration Association, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.

Any arbitration shall be administered by the American Arbitration Association ("AAA") under its applicable rules then in effect. Arbitration shall occur in Virginia unless otherwise required by law. Each party shall bear its own fees and costs unless otherwise awarded.

21. Miscellaneous

    1. Assignment.

You may not assign or transfer your rights or obligations under these Terms. If you assign, or try to assign, any such rights or obligations, such assignment or attempted assignment will be void and unenforceable

2. Survival

Any provision of these Terms, which expressly, or by its nature, imposes obligations beyond the expiration, or termination of these Terms, shall survive such expiration or termination.

3. Entire Agreement

These Terms constitute the entire agreement between you and us with respect to the Platform. They supersede all prior or contemporaneous communications (whether electronic, oral, or written) between you and us about the Platform.

4. Third-party rights

Save as expressly stated in these Terms, we do not intend any part of these Terms to be enforceable by any person who is not a party to these Terms. No third-party's consent shall be required for the waiver, variation or termination of any part of these Terms. These Terms do not give rise to any rights under any applicable laws or regulations in relation to rights of third parties to enforce any part of these Terms.

5. Severability

If any provision (or part provision) of these Terms is found by a court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision (or part provision) shall, if required, be deemed not to form part of these Terms with you. In such a case, the validity and enforceability of the other provisions shall not be affected.

6. Failure to invoke

Our failure or delay to enforce any provision of these Terms does not waive our right to enforce the same or any other provision(s) of these Terms in the future.

22. Contact

For questions about these Terms, or general assistance, contact us via our contact form available at https://trade-vacations.com/contact, by emailing us at hello@trade-vacations.com, or by phone at (757) 555-0123.