1. Guest Terms.

1.1 Guest Responsibilities

Now Nested only serves as an advertising platform service for Property Owners and Guests. Guests are responsible and liable for their own contracts and agreements with Property Owners and their acts and omissions related to any use of any Accommodations or other services provided by Property Owners. Guests are solely responsible for: 1) following Now Nested’s rules and this Term of Service, 2) complying with any agreements entered into between Guest(s) and Property Owners, including those related to the condition of Accommodations, and 3) Guests must comply with applicable laws at all times.

1.2 Your Assumption of Risk.

By agreeing to this Term of Service, Guests acknowledge that many activities inherent within the Services described above carry inherent risks and agree that, to the maximum extent permitted by applicable law, Guests assume the entire risk arising out of your access to and use of Now Nested, including guests stay at any Accommodation, use of any Services, or any other interaction you have with other Users, whether in person or online. Guests are responsible for investigating Property Owners and Accommodations to determine their suitability.

2. Property Owner Terms

2.1 Agreements with Guests

When you are offering or accepting to render any Services through Now Nested, Property Owners are entering into a contract directly with the Guest(s), and are responsible for delivering the Accommodations under the terms and at the price specified by each Property Owner. Now Nested takes no responsibility for the content or terms of any contract entered into between Property Owners and Guests.

2.2 Independence of Property Owners

Each Property Owner’s relationship with Now Nested is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Now Nested. Now Nested does not direct or control the Accommodations or other services offered by any Property Owner, and you understand that you have complete discretion over whether and when to provide Accommodations, and at what price and on what terms to offer them.

2.3 Legal Obligations of Property Owners

Each Property Owner is responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services, including but not limited to lease agreements, sublease agreements, zoning laws, and state or local regulations. Now Nested takes no responsibility for ensuring the legality of any Accommodations and each Property Owner is individually responsible for confirming the legal obligations of their respective jurisdiction.

3. Term and Termination.

3.1 Termination

You may terminate this agreement at any time by sending us an email or by deleting your account. Now Nested may terminate this agreement and your account for any reason by providing you 10 days’ notice via email or using any other contact information you have provided for your account. Now Nested may also terminate this agreement immediately and without notice and stop providing access to Now Nested’s platform if you breach these Terms, if you violate applicable laws, or we reasonably believe termination is necessary to protect Now Nested, its Users, or any applicable third parties.

3.2 Survival

The covenants and obligations of the Parties herein which by their terms require performance after the expiration of the terms of this Agreement shall survive the term of this Agreement and shall be binding and enforceable until fully satisfied in accordance with the term of this Agreement.

4. General Terms

4.1 User Content

Now Nested enables users to upload listings, text, photos, and other content (“Content”), as either Guests or Property Owners. By providing Content, in whatever form and through whatever means, you grant Now Nested a non-exclusive, 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 Now Nested, in any media or platform, in particular on the 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. Users of Now Nested are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Now Nested the rights described in these Terms.

4.2 Fees

Now Nested may charge fees (and applicable taxes) to Property Owners and Guests for the right to be a member of Now Nested and utilize it’s platform. Fees associated with membership are non-refundable. Now Nested reserves the right to change the service fees at any time.

4.3 Now Nested Platform Rules

As either a Guest or a Host, any user of Now Nested must follow these rules and must not help or induce others to break or circumvent the rules listed below:

• Do not lie, misrepresent something or someone, or pretend to be someone else on Now Nested’s platform.
• Do not attempt to evade enforcement of these Terms by creating a duplicate account or listings.
• Do not discriminate against or harass Guests, Property Owners, or any other individual Users through the Now Nested platform.
• Do not require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact, with any third- party website, application, or service unless authorized by Now Nested
• Do not use, copy, display, or mirror any Now Nested content, branding, or design without our consent.

4.4 Reporting Violations

If you believe that a User, Listing, or Content on Now Nested poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Now Nested. Except as required by law, we are not obligated to take action in response to any report.

4.5 Modification

Now Nested may modify these Terms at any time. When Now Nested makes material changes to these Terms, the revised Terms will be posted to the Now Nested platform. 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 Now Nested will constitute acceptance of the revised Terms.

4.6 Now Nested’s Role.

Now Nested do not and cannot control the conduct of Guests or Property Owners. All users of the platform hereby acknowledge that Now Nested has the right, but does not have any obligation, to monitor the use of Now Nested and verify information provided by our Users.

4.7 User Accounts

You must register an account to access and use many features of Now Nested’s platform. Registration is only permitted for legal entities, partnerships, and natural persons who are 18 years or older. By creating an account, users represent and warrant that the information they provide is accurate, current, and complete. Users may not transfer accounts to someone else and are responsible and liable for activities conducted through each user’s account. 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.

4.8 Disclaimer of Warranties

The Now Nested platform is provided to Users “as is,” without any warranty of any kind. Now Nested disclaims all warranties, whether express or implied, including but not limited to warranties concerning the existence, safety, quality, legality, or suitability of any Guest, Property Owner, or Accommodation. Any references to a User or Listing being “verified” (or similar language) indicate only that the User or Listing has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law.

4.9 Limitations on Liability

Neither Now Nested nor any of its employees or agents 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 Now Nested or any listings included on the platform, (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 Now Nested, or (iv) the booking or use of any Accommodation, now whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Now Nested has been informed of the possibility of such damage.

4.10 Indemnification

By agreeing to these Terms of Service, you agree that, to the maximum extent permitted by applicable law, you agree to release, defend, indemnify, and hold Now Nested 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, (ii) your improper use of the Now Nested Platform, (iii) your interaction with any User, stay at an Accommodation, or interaction with a Property Owner, 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, 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 Now Nested harmless from and against any of the aforementioned claims, liabilities, damages, losses, and expenses.

4.11 Governing Law

This Agreement and the rights and obligations of the parties under this Agreement are governed by, are to be construed, interpreted and enforced in accordance with Arkansas law without giving effect to principles of conflict of laws to the contrary.

4.12 Arbitration Agreement

All controversies or claims arising out of or relating to this Agreement or any other agreement between the parties shall be settled in the first instance by non-binding mediation between the parties using mutually agreeable professional mediation services and, failing a resolution through mediation within thirty (30) days of demand for same, thereafter by final and binding arbitration in accordance with the American Arbitration Association (“AAA”) Rules of Procedure for Arbitration. The arbitration shall be conducted in Little Rock, Arkansas by a single arbitrator selected by the parties. The arbitrator shall determine all claims related to arbitrability of this Agreement. Discovery shall be limited to production of documents to be used at the arbitration hearing. The arbitrator may award damages and/or injunctive or declaratory relief, as appropriate. The prevailing party in the arbitration shall be entitled to the award of reasonable attorney's fees and expenses related to the arbitration, regardless of whether such expenses could be taxed as costs in a court of law. Any award, order or judgment of the arbitrator is final and may be entered in any court of competent jurisdiction.

4.13 Interpretation

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 Now Nested and you pertaining to your access to or use of the Now Nested Platform and supersede any and all prior oral or written understandings or agreements between Now Nested and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Now Nested. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in 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.”

4.14 No Waiver

Now Nested’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.

4.15 Assignment

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

4.16 Force Majeure

Now Nested 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.