1. Searching and Booking on North Carolina Cottages.

1.1 Searching.

You can search for Host Services by using criteria like the type of Host Service, type of listing, travel destination, travel dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous trips and saved Listings, Host requirements (e.g. minimum or maximum nights), and more. Learn more about search results in our Help Center.

1.2 Booking.

When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like North Carolina Cottages’s service fee, offline fees, taxes, and any other items identified during checkout (collectively, “Total Price”). If you choose to pay using a currency that differs from the currency set by the Host for their Listing, the price displayed to you is based on a currency conversion rate determined by us. You are also agreeing that North Carolina Cottages via North Carolina Cottages Payments may charge the Payment Method (as defined in the Payment Terms) used to book the Listing in order to collect Damage Report (as defined in Section 14) amounts. 

When you receive the booking confirmation, a contract for Host Services (a “Reservation“) is formed directly between you and the Host. By making a Reservation you are agreeing to the terms of the contract. The terms of the contract include these Terms, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these terms of the contract including these Terms and all terms of the Reservation including all rules, standards, policies, and requirements prior to booking a Listing. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services.

1.3 Accommodation Reservations.

An Accommodation Reservation is a limited license to enter, occupy, and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) permitted by applicable law. If you stay past checkout, the Host has the right to make you leave in a manner permitted with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests.

1.4 Reservations for Other Host Services.

Other Host Service Reservation entitles you to participate in, attend, or use that Host Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Host Service. Except where expressly authorized, you may not allow any person to join a Host Service unless they are included as an additional guest during the booking process.

2. Cancellations, Reservation Issues, Refunds and Booking Modifications.

2.1 Cancellations, Reservation Issues, and Refunds.

In general, if you cancel a Reservation, the amount refunded to you is determined by the Host’s cancellation policy that applies to that Reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If the Host cancels, you may be eligible for rebooking assistance or a partial or full refund. Different policies apply to certain categories of Listings. See each Additional Legal Term or Policy for details about what is covered, and what refund applies in each situation. You may appeal a decision by North Carolina Cottages by contacting our customer service.

2.2 Booking Modifications.

Guests and Hosts are responsible for any booking modifications they agree to make via the North Carolina Cottages Platform or direct North Carolina Cottages customer service to make on their behalf (“Booking Modifications“), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.

3. Your Responsibilities and Assumption of Risk.

3.1 Your Responsibilities.

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation, all areas and facilities where the Accommodation is located that the Host and Guest are legally entitled to use in connection with the Accommodation (“Common Areas”), or any Host Service. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) or Common Areas in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Request amounts, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor. You are not responsible for the acts and omissions of anyone who you have contracted with through North Carolina Cottages for the provision of Host Services, and have invited or provided access to an Accommodation for the purpose of providing such Host Services.

3.2 Your Assumption of Risk.

You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the North Carolina Cottages Platform and any Content (as defined in Section 9), including your stay at any Accommodation, participation in any other Host Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it is suitable for you. For example, Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services.

General Terms

8. Reviews.

After each Host Service, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates these Terms, applicable law, or our Content Policy or Review Policy. Reviews are not verified by North Carolina Cottages for accuracy and may be incorrect or misleading.

9. Content.

Parts of the North Carolina Cottages Platform enable you to provide, share, or communicate feedback, text, photos, audio, video, information, and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant North Carolina Cottages a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit, in any manner such that Content to provide and/or promote the North Carolina Cottages Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where North Carolina Cottages (including its affiliates) pays for the creation of Content or facilitates its creation, North Carolina Cottages (including its affiliates) may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant North Carolina Cottages (including its affiliates) the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. 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 North Carolina Cottages may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. North Carolina Cottages does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.

10. Fees.

North Carolina Cottages may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the North Carolina Cottages Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Any applicable fees are disclosed to Guests before making a Booking. Except as otherwise provided on the North Carolina Cottages Platform, service fees are non-refundable. North Carolina Cottages reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 12.2.

11. North Carolina Cottages Platform Rules.

11.1 Rules. 

You must follow these rules and must not help or induce others to break or circumvent these rules.

• Act with integrity and treat others with respect
  • Do not lie, misrepresent something or someone, or pretend to be someone else.
  • Be polite and respectful when you communicate or interact with others.
  • Do not attempt to evade enforcement of these Terms, our Additional Legal Terms, Policies, or our Standards, such as by creating a duplicate account or listings.
  • Follow our Nondiscrimination Policy and do not discriminate against or harass others.
• Do not scrape, hack, reverse engineer, compromise or impair the North Carolina Cottages Platform
  • Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the North Carolina Cottages Platform.
  • Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the North Carolina Cottages Platform or Content.
  • Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the North Carolina Cottages Platform.
  • Do not take any action that could damage or adversely affect the performance or proper functioning of the North Carolina Cottages Platform.
• Only use the North Carolina Cottages Platform as authorized by these Terms or another agreement with us
  • You may only use another Member’s personal information as necessary to facilitate a transaction using the North Carolina Cottages Platform as authorized by these Terms.
  • Do not use the North Carolina Cottages Platform, our messaging tools, or Members’ personal information to send commercial messages without their express consent.
  • You may use Content made available through the North Carolina Cottages Platform solely as necessary to enable your use of the North Carolina Cottages Platform as a Guest or Host.
  • Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
  • Do not request, make, or accept a booking or any payment outside of the North Carolina Cottages Platform to avoid paying fees, taxes or for any other reason. See our Offline Fee Policy for exceptions.
  • Do not require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a Reservation, unless authorized by North Carolina Cottages.
  • Do not engage in any practices that are intended to manipulate our search algorithm.
  • Do not book Host Services unless you are actually using the Host Services.
  • Do not use, copy, display, mirror or frame the North Carolina Cottages Platform, any Content, any North Carolina Cottages branding, or any page layout or design without our consent.
• Honor your legal obligations
  • Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
  • If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
  • Read and follow our Terms, Additional Legal Terms, Policies, and Standards.
  • Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your Reservation that violates our rules for parties and events, as incorporated by reference herein.
  • Do not use the name, logo, branding, or trademarks of North Carolina Cottages or others without permission, and only as set forth in our Trademark Guidelines.
  • Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that is confusingly similar to any North Carolina Cottages trademarks, logos or branding. See our Trademark Guidelines for additional details.
  • Do not offer Host Services that violate the laws or agreements that apply to you.
  • Do not offer or solicit prostitution or participate in or facilitate human trafficking.

11.2 Reporting Violations. 

If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting North Carolina Cottages. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to North Carolina Cottages. If you reported an issue to local authorities, North Carolina Cottages may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.

11.3 Copyright Notifications. 

If you believe that Content on the North Carolina Cottages Platform infringes copyrights, please notify us in accordance with our Copyright Policy.

12. Termination, Suspension and other Measures.

12.1 Term. 

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

12.2 Termination. 

You may terminate this agreement at any time by sending us an email or by deleting your account. North Carolina Cottages may terminate this agreement and your account for any reason by providing you 30 days’ notice via email or using any other contact information you have provided for your account. North Carolina Cottages may also terminate this agreement immediately and without notice and stop providing access to the North Carolina Cottages Platform if you breach these Terms, you violate our Additional Legal Terms, or Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect North Carolina Cottages, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.

North Carolina Cottages reserves the right to change our services, including to add or remove features and functionalities or change the types of Listings we accept or allow on the platform, including but not limited to: improve or update our services, prevent abuse, or respond to legal requirements.

12.3 Member Violations. 

If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) North Carolina Cottages believes it is reasonably necessary to protect North Carolina Cottages, its Members, or third parties; North Carolina Cottages (or its affiliates) may, with or without prior notice:

• suspend or limit your access to or use of the North Carolina Cottages Platform and/or your account;
• suspend, remove, disable access to, or restrict visibility of Listings, Reviews, or other Content;
• cancel pending or confirmed bookings; or
• suspend or revoke any special status associated with your account.

For minor violations or where otherwise appropriate as North Carolina Cottages (or its affiliates) determines in its sole discretion, you will be given notice of any intended measure by North Carolina Cottages and an opportunity to resolve the issue. You may appeal actions taken by us 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 the amount we refund or otherwise provide to the Guest, and by any other costs we incur as a result of the cancellation.

12.4 Legal Mandates. 

North Carolina Cottages may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 12.3.

12.5 Effect of Termination. 

If you are a Host and terminate your North Carolina Cottages 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 upon the terms of the Reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the North Carolina Cottages Platform has been limited, or your North Carolina Cottages account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the North Carolina Cottages Platform through an account of another Member.

12.6 Survival. 

Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 1 through 25.

13. Modification.

North Carolina Cottages may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the North Carolina Cottages Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email, notifications through the North Carolina Cottages Platform, messaging service, or any other contact method made available by us and selected by you at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the North Carolina Cottages Platform will constitute acceptance of the revised Terms.

14. Resolving Complaints and Damage Reports.

If a Member provides valid evidence that you, your guest(s), or your pet(s) have:

(i) damaged the complaining Member’s, or the Accommodation owner’s (where the Accommodation owner is not also the Host), real or personal property, or real or personal property the complaining Member is responsible for, or has an economic interest in; or 

(ii) caused loss of booking income for bookings via the North Carolina Cottages Platform or other consequential damages which result directly from the damage caused under (i) above; or

(iii) otherwise caused the complaining Member to incur cleaning costs in excess of the Member’s cleaning fee (each of (i), (ii), and (iii) being a (“Damage Report“), 

the complaining Member can notify North Carolina Cottages and/or seek compensation through the Resolution Center. You will be notified of the Damage Report and given an opportunity to respond. If you agree to pay, or if the Damage Report is escalated to North Carolina Cottages and North Carolina Cottages determines in its sole discretion that the Damage Report is valid and you are responsible for the Damage Report, North Carolina Cottages via North Carolina Cottages Payments can collect the amount of the Damage Report from you. You agree that North Carolina Cottages may seek to recover from you under any insurance policies you maintain and that North Carolina Cottages may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information North Carolina Cottages requests, execute documents, and take further reasonable action, in connection with Damage Reports, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services.

15. North Carolina Cottages’s Role.

We offer you the right to use a platform that enables Members to publish, offer, search for, and book Host Services. While we work hard to ensure our Members have great experiences using North Carolina Cottages, we do not and cannot control the conduct of Guests and Hosts. You acknowledge that North Carolina Cottages (or its affiliates) has the right, but does not have any obligation, to monitor the use of the North Carolina Cottages Platform and verify information provided by our Members. For example, we may record, review, monitor, disable access to, remove, or edit text or in-app messages, phone recordings, or other Content to: (i) operate, secure and improve the North Carolina Cottages Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that North Carolina Cottages administers its Additional Legal Terms, Policies (such as our Major Disruptive Events Policy) and Standards (such as basic requirements for hosts), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist North Carolina Cottages (or its affiliates) in good faith, and to provide us with such information and take such actions as may be reasonably requested by us with respect to any investigation undertaken by us regarding the use or abuse of the North Carolina Cottages Platform. North Carolina Cottages is not acting as an agent for any Member except for where North Carolina Cottages Payments acts as a collection agent as provided in the Payments Terms.

16. Member Accounts.

You must register an account to access and use many features of the North Carolina Cottages Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the North Carolina Cottages Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify North Carolina Cottages if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

17. Disclaimer of Warranties.

The North Carolina Cottages Platform and all Content are provided “as is” without warranty of any kind and North Carolina Cottages (or its affiliates) disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the North Carolina Cottages Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being “verified” (or similar language) indicate only that the Member or Listing or North Carolina Cottages (or its affiliates) has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties North Carolina Cottages (or its affiliates) cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

18. Limitations on Liability.

Neither North Carolina Cottages (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the North Carolina Cottages Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the North Carolina Cottages Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the North Carolina Cottages Platform, or (iv) publishing or booking of a Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not North Carolina Cottages has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

Except for our obligation to transmit payments to Hosts under these Terms, or make payments under the North Carolina Cottages Host Damage Protection, in no event will North Carolina Cottages’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the North Carolina Cottages Platform, any Content, or any Host Service, exceed: (A) to Guests, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100).

These limitations of liability and damages are fundamental elements of the agreement between you and North Carolina Cottages. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

19. Indemnification.

To the maximum extent permitted by applicable law, you agree to release, defend (at North Carolina Cottages’s option), indemnify, and hold North Carolina Cottages (including North Carolina Cottages Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms,  Policies or Standards, (ii) your improper use of the North Carolina Cottages Platform, (iii) your interaction with any Member, stay at an Accommodation, participation in other Host Services, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. You agree to indemnify and hold North Carolina Cottages (including North Carolina Cottages Payments, other affiliates, and their personnel) harmless from and against any of the aforementioned claims, liabilities, damages, losses, and expenses, regardless of North Carolina Cottages’s responsibility for negligence and howsoever the same may be caused.

20. Contracting Entities.

Based on your country of residence or establishment and what you are doing on the North Carolina Cottages Platform, Schedule 1 below sets out the North Carolina Cottages entity with whom you are contracting. If we identify through the North Carolina Cottages Platform, an North Carolina Cottages entity other than the one set out on Schedule 1 as being responsible for a product, feature or transaction, the North Carolina Cottages entity so identified is your contracting entity with respect to that product, feature or transaction. If you change your country of residence or establishment, the North Carolina Cottages company you contract with (as set out on Schedule 1) and the applicable version of the Terms of Service will be determined by your new country of residence or establishment, from the date on which your country of residence or establishment changes.

21. United States Governing Law and Venue.

If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 22 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.

22. United States Dispute Resolution and Arbitration Agreement.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND AIRBNB AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions.

22.1 Application. 

This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against North Carolina Cottages in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 22 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

22.2 Overview of Dispute Resolution Process. 

North Carolina Cottages is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 22 applies: (1) an informal negotiation directly with North Carolina Cottages’s customer service team (described in paragraph 22.3, below), and if necessary (2) a binding arbitration in accordance with the terms of this Arbitration Agreement. You and North Carolina Cottages each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.

22.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. 

At least 30 days prior to initiating an arbitration, you and North Carolina Cottages each agree to send the other party an individualized notice of the dispute in writing (“Pre-Dispute Notice“) and attempt in good faith to negotiate an informal resolution of the individual claim. You must send your Pre-Dispute Notice to North Carolina Cottages by mailing it to North Carolina Cottages’s agent for service: CSC Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833. North Carolina Cottages will send its Pre-Dispute Notice to the email address associated with your North Carolina Cottages account. A Pre-Dispute Notice must include: the date, your name, mailing address, your North Carolina Cottages username, the email address you used to set up your North Carolina Cottages account, your signature, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written demand for arbitration with the arbitration provider designated pursuant to Section 22.6, below. A claimant’s Pre-Dispute Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and evidence that it was sent as required by this Section must be attached to any arbitration demand.

22.4 Agreement to Arbitrate; Delegation. 

You and North Carolina Cottages mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the North Carolina Cottages Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding arbitration on an individual basis (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, you and North Carolina Cottages agree that an arbitrator will decide that issue. For the avoidance of doubt, you and North Carolina Cottages agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of this Section 22, including any dispute over compliance with the Pre-Dispute Notice requirement and a party’s responsibility to pay arbitration fees, shall be resolved exclusively by an arbitrator.

22.5 Exceptions to Arbitration Agreement. 

You and North Carolina Cottages each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; (iv) any claim or cause of action for vexatious litigation; or (v) any individual claim of sexual assault or sexual harassment arising from your use of the North Carolina Cottages Platform or Host Services. You and North Carolina Cottages agree that any request for the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

22.6 Arbitration Forum Rules and Governing Law. 

This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement, and not state law. The arbitration will be administered by ADR Services, Inc. (“ADR”) (www.adrservices.com) in accordance with Rules 1, 6–7, 8–9, and 11–12, 45, 54, and 56 of the Federal Rules of Civil Procedure (“Selected Federal Rules“) (https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure) and ADR’s Arbitration Rules then in effect (the “ADR Rules”), except as the Selected Federal Rules or ADR Rules are modified by or conflict with this Arbitration Agreement. The ADR Rules are available at www.adrservices.com. If an arbitration demand is submitted to ADR Services in accordance with this agreement and the ADR Rules, and ADR Services cannot or will not administer the arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Selected Federal Rules and the AAA’s Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. If the AAA cannot and will not administer the arbitration, you and North Carolina Cottages shall confer and select an alternative arbitral forum, and if we are unable to agree, either you or North Carolina Cottages may ask a court to appoint an arbitrator pursuant to 9 U.S.C. § 5. In that event, the arbitration will be conducted in accordance with the rules of the appointed arbitral forum, unless those rules are inconsistent with the provisions of this Arbitration Agreement.

22.7 Modification of Arbitration Rules – Arbitration Hearing/Location. 

In order to make the arbitration most cost-effective, efficient, and convenient, any required arbitration hearing in an arbitration wherein the amount in controversy does not exceed $1,000,000 shall be conducted remotely via video conference except as otherwise agreed by the parties or instructed by the arbitrator. Any required arbitration hearing in an arbitration wherein the amount in controversy exceeds $1,000,000 shall be conducted in San Francisco County except as otherwise agreed by the parties or instructed by the arbitrator. If the amount in controversy is $10,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator, provided that the arbitrator has discretion to decide to hold a hearing in response to the reasonable and proportionate request from a party.

22.8 Modification of Arbitration Rules – Arbitration Fees and Costs. 

Your arbitration fees and your share of arbitrator compensation shall be governed by the ADR Rules and the ADR Services fee schedule (available at www.adrservices.com). If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. You may request a fee waiver by providing the arbitration provider with a declaration under oath stating your monthly income and the number of persons in your household. If a fee waiver is granted by the arbitration provider and you provide North Carolina Cottages with documents necessary to prove that your gross monthly income is less than 300% of the federal poverty guidelines, North Carolina Cottages will pay your share of any arbitrator fees.

22.9 Modification of Arbitration Rules – Claims Brought for an Improper Purpose or In Violation of This Arbitration Agreement. 

Either party may make a request that the arbitrator impose sanctions upon proving that the other party or its attorney(s) has asserted a claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous. As allowed by applicable law, the arbitrator shall impose sanctions equal to the requesting party’s reasonable attorneys’ fees and costs upon finding that a claim or defense is groundless in fact or law, brought in bad faith or for the purpose of harassment, asserted in violation of Fed. R. Civ. P. 11(b) (treating the arbitrator as “the court”), or is otherwise frivolous. Either party may seek dismissal of any arbitration filed in violation of any provision of this Arbitration Agreement. Either party may assert in arbitration a counterclaim for the other party’s initiation of proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement. Upon finding that a party has initiated proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement, the arbitrator shall award the other party its actual damages, including but not limited to reasonable attorneys’ fees and costs.

22.10 Arbitrator’s Decision. 

The arbitrator will issue a written decision which shall include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the ADR Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

22.11 Jury Trial Waiver. 

You and North Carolina Cottages acknowledge and agree that both parties are each waiving the right to a trial by jury as to all arbitrable Disputes.

22.12 No Class Actions or Representative Proceedings. 

You and North Carolina Cottages acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing or as provided in this agreement, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

22.13 Mass Action Waiver. 

You and North Carolina Cottages acknowledge and agree that the relative benefits and efficiencies of arbitration may be lost when 100 or more arbitration claims are filed within 180 days which (1) involve the same or similarly situated parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, alleged violations or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties (“Mass Action”). Accordingly, you and North Carolina Cottages agree to waive the right to have any Dispute administered, arbitrated, or resolved as part of a Mass Action (though Sections 21 and 22.12 of these Terms will continue to apply to the Dispute). In case of a dispute, the appointed arbitrator for the first matter instituted within a set of claims identified by either party shall decide whether those claims are part of a Mass Action. If no arbitrator has yet been appointed, an arbitrator shall be appointed solely to determine whether claims identified by either party are part of a Mass Action. Nothing in this provision prevents you or North Carolina Cottages from participating in a mass settlement of claims.

22.14 Modification of Arbitration Rules – Mass Action Batching Requirements. 

If for any reason, notwithstanding Section 22.13, an arbitration proceeds as part of a Mass Action, the parties shall group the arbitration demands into batches of no more than 200. The batches shall be determined by listing the claimants’ alphabetically (by last name or business name, as applicable)—for example, the first 200 claimants listed will be the first batch, the next 200 claimants listed will be the second batch, and so forth. The parties shall randomly assign each batch a sequential number and arbitrate the batches one at a time, in sequential order. While one batch is being arbitrated, the arbitration provider shall hold the remainder in abeyance unless otherwise agreed by the parties or instructed by the arbitration provider. Each batch shall be resolved within 240 days of the pre-hearing conference for that batch. Notwithstanding the forgoing, if any claimant’s demand has not been the subject of a pre-hearing conference within 2 years of the latest-filed demand in the Mass Action, such claimant may elect to pursue the claims asserted in the claimant’s demand in court subject to Sections 21 and 22.12 of these Terms.

22.15 Modifications of Arbitration Rules – Offers of Judgment. 

At least 10 days before the date set for the arbitration hearing, you or North Carolina Cottages may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall issue an award accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other than with respect to costs (including all fees paid to the arbitration provider). If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitration provider) from the time of the offer.

22.16 Severability. 

Except as provided in Section 22.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

22.17 Amendment to Agreement to Arbitrate. 

If North Carolina Cottages amends this Section 22 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject the change by sending us written notice no later than 30 days of the date the change is effective. Your notice must include your name, mailing address, the date of the notice, your North Carolina Cottages username, the email address you used to set up your North Carolina Cottages account, your signature, and an unequivocal statement that you want to opt out of the amended Section 22. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and North Carolina Cottages (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and North Carolina Cottages.

22.18 Survival. 

Except as provided in Section 22.12 and subject to Section 12.6, this Section 22 will survive any termination of these Terms and will continue to apply even if you stop using the North Carolina Cottages Platform or terminate your North Carolina Cottages account.

– – – – – –

23. Miscellaneous.

23.1 Interpreting these Terms. 

Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between North Carolina Cottages and you pertaining to your access to or use of the North Carolina Cottages Platform and supersede any and all prior oral or written understandings or agreements between North Carolina Cottages and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and North Carolina Cottages. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 22.11 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”

23.2 No Waiver. 

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

23.3 Assignment. 

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

23.4 Notice. 

Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by North Carolina Cottages via email, North Carolina Cottages Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable and you provide. If a notification relates to a booking or Listing in Japan, you agree and acknowledge that such notifications via electronic means in lieu of a written statement, satisfies North Carolina Cottages’s obligations under Article 59 (1) of the Japanese Housing Accommodation Business Act.

23.5 Third-Party Services. 

The North Carolina Cottages Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. North Carolina Cottages is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

23.6 Google Terms. 

Some translations on the North Carolina Cottages Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the North Carolina Cottages Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

23.7 Platform Content. 

Content made available through the North Carolina Cottages Platform, including without limitation trademarks, trade dress, inventions, algorithms, computer programs (in source code and object code), customer and marketing information and other content (“Platform Content”), whether registered or unregistered, which may be protected by copyright, trademark, patent, trade secrets, know how, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Platform Content are the exclusive property of North Carolina Cottages and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Platform Content accessed through the North Carolina Cottages Platform except to the extent you are the legal owner of that Platform Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, North Carolina Cottages grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the North Carolina Cottages Platform mobile application on your personal device(s); and (ii) access and view the Platform Content made available on or through the North Carolina Cottages Platform and accessible to you, solely for your personal and non-commercial use.

23.8 Force Majeure. 

North Carolina Cottages shall not be liable for any delay or failure to perform resulting from abnormal or unforeseeable circumstances outside its reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, 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.

23.9 Emails and SMS. 

You will receive administrative communications from us using the email address or other contact information you provide for your North Carolina Cottages account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an North Carolina Cottages account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.

23.10 Contact Us. 

If you have any questions about these Terms please email us.