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Sonder | A better way to stay.
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The terms "Sonder," "we," and "us" refer to Sonder Holdings Inc., a Delaware corporation, and its subsidiaries and affiliates. These Terms of Service (together with the <a href="https://www.sonder.com/house-rules">House Rules</a> and other Additional Terms (defined in Section 19.5), the "<strong>Agreement</strong>") and, for users outside the United Kingdom and the European Union, our <a href="https://www.sonder.com/privacy-policy">Privacy Policy</a> (defined in Section 19.6) govern your use of the Service(s) and Properties (defined in Section 1). This Agreement is a legally binding contract between you and us regarding your use of the Service(s) and Properties. Failure to use the Service(s) or Properties in accordance with this Agreement may subject you to civil and criminal penalties.</p> <br/> <p><strong>PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.</strong></p> <br/> <p><strong>BY CLICKING "I ACCEPT" (OR WORDS TO SIMILAR EFFECT), OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE(S) OR PROPERTIES, OR BY SIGNING A SEPARATE AGREEMENT WITH SONDER THAT EXPRESSLY INCORPORATES BY REFERENCE THIS AGREEMENT,</strong> YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE(S) OR PROPERTIES, YOU AGREE TO BE BOUND BY, THIS AGREEMENT. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN YOU DO NOT HAVE OUR PERMISSION OR ANY RIGHT TO USE THE SERVICE(S) OR PROPERTIES. YOUR USE OF THE SERVICE(S) OR PROPERTIES, AND OUR PROVISION OF THE SERVICE(S) TO YOU AND EXPRESS LICENSE OR PERMISSION FOR YOU TO USE THE PROPERTIES (IF APPLICABLE), CONSTITUTE AN AGREEMENT BETWEEN US AND YOU AGREE TO BE BOUND BY THIS AGREEMENT.</p> <br/> <p>PLEASE BE AWARE THAT SECTION 17 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND SONDER. AMONG OTHER THINGS, SECTION 17 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 17 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 17 CAREFULLY.</p> <br/> <p>UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN THIRTY (30) DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU WILL WAIVE YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL. <br/> IF YOU ARE A CONSUMER OUTSIDE OF THE UNITED STATES, SECTION 17 MAY NOT APPLY TO YOU, DEPENDING ON YOUR HOME COUNTRY'S LAWS.</p> <ol> <li><p>1.</p> <ol> <li><p>1.1. <strong>Service Overview.</strong> Sonder Hospitality USA Inc. acquires rights and/or interests in accommodation for the onward supply of accommodation to travelers staying in the United States and countries other than Canada and Mexico. Hospitalité Sonder Canada Inc. acquires rights and/or interests in accommodation for the onward supply of accommodation to travelers staying in Canada. Sonder Stay México, S. de R.L. de C.V. acquires rights and/or interests in accommodation for the onward supply of accommodation to travelers staying in Mexico. We provide information on physical properties managed, owned, licensed, leased, rented, and/or developed by us or any of our affiliates (each a "<strong>Property</strong>" and collectively the "<strong>Properties</strong>"). You may use the Service(s) to make legitimate reservations for certain Properties for short-term rentals (each a "<strong>STA/Hotel Reservation</strong>"), longer-term accommodations (each an "<strong>Extended Stay Reservation</strong>") or membership subscriptions (each a "<strong>Subscription Reservation</strong>" and, together with a STA/Hotel Reservation and an Extended Stay Reservation, each a "<strong>Reservation</strong>") and to obtain from us our express (i.e., written) permission for you to use such Properties for non-commercial purposes only for a certain period of time, in all cases, only in accordance with the terms and conditions of this Agreement. The "<strong>Service(s)</strong>" excludes any and all Properties and any and all rights of use or possession therein or thereof, but includes services provided by us or a third party service provider to you on or around a Booked Property (defined in Section 6.2) in connection with your permitted use of the Properties (if applicable), whether you reserve such Properties directly from us or a third party ("<strong>On-Site Services</strong>"). For the avoidance of doubt, a "<strong>Subscription Reservation</strong>" is a reservation for a stay at one of our Properties that is made in connection with a purchased subscription, which is deemed entered into and purchased immediately upon your execution of an Order Form (defined in Section 3) for such subscription (such Order Form, a "<strong>Membership Agreement</strong>"), a "<strong>STA/Hotel Reservation</strong>" is a reservation for a short length stay at one of our Properties that is made outside and separate from any purchased subscription or Membership Agreement and an "<strong>Extended Stay Reservation</strong>" is a reservation for an intermediate or long term stay at one of our Properties that is made outside and separate from any purchased subscription or Membership Agreement, but that may be made in connection with an Order Form for such reservation (such Order Form, an "<strong>Extended Stay Agreement</strong>") which is deemed entered into and purchased immediately upon either your execution of such Order Form for such reservation or your reservation of the Extended Stay Property and your payment of any portion of the Extended Stay Reservation fee.</p> </li> <li><p>1.2. <strong>Supplier of Record.</strong> Depending on the location of the Properties, the following Sonder affiliates will be the supplier of record with respect to our Services:</p> <ol> <li><p>1.2.1. Sonder Hospitality USA Inc., a Delaware corporation, with registered address at Intertrust Corporate Services Delaware Ltd., 200 Bellevue Parkway, Suite 210, Wilmington, DE 19809, Delaware file number 5736491.</p> </li> <li><p>1.2.2. Hospitalité Sonder Canada Inc., a Quebec corporation located at 200-425, av. Viger Ouest Montréal Québec H2Z1W5 Canada, numéro d'entreprise du Québec 1174937749.</p> </li> <li><p>1.2.3. Sonder Stay México, S. de R.L. de C.V., a Mexico limited liability company located at Anatole France 130, Polanco, Miguel Hidalgo, Mexico City, Mexico, PC 11550, En la Ciudad de Mexico (each of the foregoing, individually, "<strong>Supplier of Record</strong>" or collectively, "<strong>Suppliers of Record</strong>").</p> </li> </ol> </li> </ol> <p>If you are utilizing Services in connection with Properties located in the U.S. or any country other than Mexico and Canada, you are contracting with Sonder Hospitality USA Inc. If you are utilizing Services in connection with Properties located in Canada you are contracting with Hospitalité Sonder Canada Inc. If you are utilizing Services in connection with Properties located in Mexico, you are contracting with Sonder Stay México, S. de R.L. de C.V.</p> <p>Note that we reserve the right to replace any Supplier of Record at any time and without notice.</p> <p>Other Sonder entities ("<strong>Sonder Support Entities</strong>") may provide Services, including concierge, housekeeping, customer support, and other support services, in connection with your use of the Properties. Sonder Support Entities do not have any authority or obligation to provide Services or Property under this Agreement. Similarly, you do not have a contractual relationship with Sonder Support Entities. Sonder Support Entities are not authorized to act as an agent for any Supplier of Record.</p> </li> <li><p>2. <strong>Eligibility.</strong> You must be at least 18 years old to use the Service(s). By agreeing to this Agreement, you represent and warrant to us that: (a) you are (i) at least 18 years old, are an emancipated minor, or possess legal parental or guardian consent to agree to this Agreement; and (ii) fully able and competent to enter into this Agreement; (b) you have not previously been suspended or removed from the Service(s) or any of our Properties; and (c) your Registration (defined in Section 3) and your use of the Service(s) and our Properties is and will be in compliance with any and all applicable laws, rules, and regulations. If you are an organization (e.g., a company or school), the individual accepting this Agreement on your behalf represents and warrants that he or she has the authority to bind you to this Agreement and you agree to be bound by this Agreement.</p> </li> <li><p>3. <strong>Account Registration.</strong> To access certain features of the Service(s), you may be required to register for an account (collectively, "<strong>Register</strong>"; and such process of Registering, "<strong>Registration</strong>") and/or to enter into a membership agreement, sublease agreement, extended stay agreement, limited use agreement, or other type of agreement or order form signed by us and you and made under and part of this Agreement ("<strong>Order Form</strong>"). When you Register, you may be required to provide us with some information about yourself, such as your name, email address, home address, date of birth, and other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you Register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at <a href="/cdn-cgi/l/email-protection#785e5b49494c435e5b004e4d435e5b004f4b435e5b494849435e5b49494c435e5b494940435e5b414f435e5b49494e435e5b49484d435e5b004e1e435e5b494948435e5b49494d435e5b004c48435e5b004f4b435e5b494949435e5b004e1d435e5b494848435e5b494849435e5b004f4a435e5b004a1d435e5b4141435e5b004e1e435e5b004e1c43">reservations@sonder.com</a>.</p> </li> <li><p>4. <strong>Background Checks.</strong> You acknowledge and agree that for transparency, safety, fraud prevention, and anti-money laundering purposes, and to the extent permitted by applicable law, we may, but have no obligation to, before and/or while you reserve and/or occupy a Property, including without limitation, before and/or during any renewal or extension: (a) require that you provide us with a form of government identification or other information sufficient to assist us with undertaking the background checks described in Sections 4(b)-(c); (b) screen you against third party databases or other sources and request reports (e.g., credit checks) regarding you from service providers (if available); and (c) for users outside of the UK and EU, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks (if available). You hereby consent to our undertaking the foregoing background checks and to our processing of the resulting information in accordance with our Privacy Policy (if applicable), including sharing with landlords, property owners, and/or their property managers (any of the foregoing, a "<strong>Landlord</strong>") the results of background checks for users based in the United States.</p> </li> <li><p>5. <strong>Fees and Payment.</strong> Certain features of the Service(s) may require you to pay one-time and/or recurring fees. Before you pay any such fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable, unless expressly provided otherwise in writing by us.</p> <ol> <li><p>5.1. <strong>Fees.</strong> We reserve the right to determine pricing for the Service(s) and any products we offer for sale, including, without limitation, for On-Site Services, or Properties that you may reserve or subscribe to through the Service(s). We will make reasonable efforts to keep pricing information that is published on our website up to date, but may not necessarily provide all specific pricing information (<em>e.g.</em>, subscription-related pricing) online. We encourage you to check our website periodically for current pricing information. We may change any of this pricing information (including by adding applicable taxes, fees or charges) at any time. We, in our sole discretion, may make promotional offers with different features and different pricing to any of our customers. These promotional offers, unless made to you, will not apply to you or this Agreement.</p> </li> <li><p>5.2. <strong>Currency.</strong> If you request a reservation or purchase certain Services, including On-Site Services, you will be notified of the currency in which you will be charged. This currency will be determined by us based on the Applicable Payment Method (defined in Section 5.3) and other factors in our reasonable discretion, such as the location of the Property that you are trying to reserve or subscribe to. For your convenience and if the currency you will be charged in is not the same as the currency applicable in your country, we may provide you with an indication of how much the price would approximately be in your own currency. Such indication is merely indicative, not binding, and will depend on the applicable exchange rate of the day. You acknowledge that the applicable exchange rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) we update the applicable exchange rate on a regular, but not real-time, basis; and (ii) the applicable exchange rate may include an incremental cost or margin that is not included in the applicable market rate.</p> </li> <li><p>5.3. <strong>Authorization.</strong> You authorize us to charge all applicable sums (including but not limited to any applicable one-time and/or recurring security deposits, reservation fees, extended stay fees, subscription fees, and Service fees, including for On-Site Services, the Damaged Property Fee, and any fees, costs and penalties for overstaying your reservation or subscription, and including all applicable Taxes (defined in Section 5.9), which such Taxes may be charged on a different day or time than the sums to which they relate)) for the reservations, subscriptions, and/or other purchases that you make through the Service(s) in accordance with Section 8.7, to the payment method specified in your account or that you otherwise indicate when you submit such reservation or enter into a Membership Agreement, Extended Stay Agreement and/or other Order Form to or with us (the "<strong>Applicable Payment Method</strong>") on the date that any such sum is due. Additionally, if the Applicable Payment Method is a credit card, then a few days before your check-in: (a) we may seek pre-authorization of your credit card account prior to completing your reservation or entering into a Membership Agreement, Extended Stay Agreement or other Order Form with you to verify that the credit card is valid and has the necessary funds or credit available to cover your reservation, subscription, any security deposit or other purchase, or any potential Damaged Property Fee or incidentals that may apply; and (b) you authorize us to place a hold on such credit card for sums sufficient to cover any applicable Damaged Property Fee, Taxes and any other fees that you owe us under this Agreement and may be held for a few days following your check-out. To the extent that Sonder is charged any service fees in connection with your use of the Applicable Payment Method, you shall be responsible for such fees.</p> </li> <li><p>5.4. <strong>Cancellations.</strong></p> <ol> <li><p>5.4.1 <strong>Cancellations for STA/Hotel Reservations.</strong> We will charge all applicable sums due for the STA/Hotel Reservations that you make through the Service(s) at the time such reservations are requested. You may cancel a completed STA/Hotel Reservation at any time, and may be entitled to a refund, subject to the version of our cancellation policy posted on our website and effective at the time your reservation was completed. Our <a href="/help/booking_questions/cancellation_policy">cancellation policy</a> is available online. YOU ACKNOWLEDGE AND AGREE THAT IF YOU REQUEST OR COMPLETE A STA/HOTEL RESERVATION FOR ONE OF OUR PROPERTIES THROUGH A THIRD PARTY OR THIRD-PARTY WEBSITE, STRICTER CANCELLATION POLICIES MAY APPLY. PLEASE REVIEW SUCH THIRD-PARTY POLICIES BEFORE SUBMITTING YOUR STA/HOTEL RESERVATION REQUEST AND MAKE SURE YOU AGREE WITH THE APPLICABLE CANCELLATION PERIOD.</p> </li> <li><p>5.4.2 <strong>Cancellations for Extended Stay Reservations.</strong> We will charge all applicable sums due for an Extended Stay Reservation at the time the applicable Extended Stay Agreement is fully executed by you and us. You may cancel your reservation request at any time before the applicable Extended Stay Agreement is fully executed. Once an Extended Stay Agreement is fully executed, you may not cancel the applicable reservation, except as may be otherwise expressly provided in such Extended Stay Agreement or other Order Form. YOU ACKNOWLEDGE AND AGREE THAT IF YOU REQUEST OR COMPLETE AN EXTENDED STAY RESERVATION FOR ONE OF OUR PROPERTIES THROUGH A THIRD PARTY OR THIRD-PARTY WEBSITE, STRICTER CANCELLATION POLICIES MAY APPLY. PLEASE REVIEW SUCH THIRD-PARTY POLICIES BEFORE SUBMITTING YOUR EXTENDED STAY RESERVATION REQUEST AND MAKE SURE YOU AGREE WITH THE APPLICABLE CANCELLATION PERIOD.</p> </li> <li><p>5.4.3 <strong>Cancellations for Subscription Reservations.</strong> We will charge all applicable sums due for a subscription at the time the applicable Membership Agreement is fully executed by you and us. You may cancel your subscription request at any time before the applicable Membership Agreement is fully executed. Once a Membership Agreement is fully executed, you may not cancel the applicable subscription or any Subscription Reservation, except as may be otherwise expressly provided in such Membership Agreement. YOU ACKNOWLEDGE AND AGREE THAT IF YOU PURCHASE A SUBSCRIPTION OR REQUEST OR COMPLETE A SUBSCRIPTION RESERVATION FOR ONE OF OUR PROPERTIES THROUGH A THIRD PARTY OR THIRD-PARTY WEBSITE, STRICTER CANCELLATION POLICIES MAY APPLY. PLEASE REVIEW SUCH THIRD-PARTY POLICIES BEFORE PURCHASING YOUR SUBSCRIPTION OR SUBMITTING YOUR SUBSCRIPTION RESERVATION REQUEST AND MAKE SURE YOU AGREE WITH THE APPLICABLE CANCELLATION PERIOD.</p> </li> </ol> </li> <li><p>5.5. <strong>Alternative Accommodations.</strong></p> <ol> <li><p>5.5.1 <strong>Alternative Accommodations for STA/Hotel Reservations.</strong> In the event that a STA/Hotel Property (defined in Section 6.2) becomes unavailable for the whole or any part of the applicable STA/Hotel Period of Occupancy (defined in Section 6.2) for any reason, we will endeavor to arrange for suitable alternative accommodations during the Period of Occupancy. If we are unable to find suitable alternative accommodations during this period we have the right to cancel the applicable portion of the STA/Hotel Period of Occupancy and we will credit you with a full refund of pre-paid fees for that portion.</p> </li> <li><p>5.5.2 <strong>Alternative Accommodations for Extended Stay Reservations.</strong> In the event that an Extended Stay Property (defined in Section 6.2) becomes unavailable for the whole or any part of the applicable Extended Stay Period of Occupancy (defined in Section 6.2) for any reason, we will endeavor to arrange for suitable alternative accommodations during such Period of Occupancy. If we are unable to find suitable alternative accommodations during this period, we have the right to cancel the applicable portion of the Extended Stay Period of Occupancy subject to the express terms of any applicable Extended Stay Agreement or applicable law and we will credit you with a full refund of pre-paid fees. If you do not accept a suitable alternative accommodation that we offer to you, then you are entitled to cancel the applicable reservation, any pre-paid fees will be refunded to you, and neither we nor any of our third-party suppliers will be liable to you for any further amounts relating to such reservation.</p> </li> <li><p>5.5.3 <strong>Alternative Accommodations for Subscription Reservations.</strong> In the event that a Subscription Property (defined in Section 6.2) becomes unavailable for the whole or any part of the applicable Subscription Period of Occupancy (defined in Section 6.2) for any reason, we will endeavor to arrange for suitable alternative accommodations during such Period of Occupancy. If we are unable to find suitable alternative accommodations during this period, we have the right to cancel the applicable portion of the Subscription Period of Occupancy subject to the express terms of any applicable Membership Agreement or applicable law and we will credit you with a full refund of pre-paid fees. If you do not accept a suitable alternative accommodation that we offer to you, then you are entitled to cancel the applicable subscription, any pre-paid fees will be refunded to you, and neither we nor any of our third-party suppliers will be liable to you for any further amounts relating to such subscription.</p> </li> </ol> </li> <li><p>5.6. <strong>Modifications.</strong></p> <ol> <li><p>5.6.1 <strong>Modifications for STA/Hotel Reservations.</strong> You may be able to modify your STA/Hotel Reservation, subject to additional Taxes, fees, and charges, for example, by purchasing additional services and amenities (<em>e.g.</em>, paid parking and extra cleaning services) or by modifying the applicable services or dates of your existing reservation. For the avoidance of doubt, if you modify or extend the dates of your STA/Hotel Reservation, you will be charged the applicable Property's then-current market rate, which may be different (higher or lower) than the rates applicable to your existing reservation, for the modified dates. You will have an opportunity to review and accept any additional fees and/or charges prior to modifying such reservation.</p> </li> <li><p>5.6.2 <strong>Modifications for Extended Stay Reservations.</strong> You may be able to modify portions of an Extended Stay Reservation, subject to any additional Taxes, fees and charges, for example, by purchasing or cancelling additional services and amenities (<em>e.g.</em>, paid parking and extra cleaning services). You will have an opportunity to review and accept any such additional fees and/or charges prior to modifying the same. You may not however, modify the terms of any Extended Stay Agreement, including the dates or term of your reservation, except as expressly set forth in such Extended Stay Agreement or Order Form.</p> </li> <li><p>5.6.3 <strong>Modifications for Subscription Reservations.</strong> You may be able to modify portions of a Subscription Reservation, subject to any additional Taxes, fees and charges, for example, by purchasing or cancelling additional services and amenities (<em>e.g.</em>, paid parking and extra cleaning services). You will have an opportunity to review and accept any such additional fees and/or charges prior to modifying the same. You may not however, modify the terms of any Membership Agreement, including the dates or term of your subscription, except as expressly set forth in such Membership Agreement.</p> </li> </ol> </li> <li><p>5.7. <strong>Repeated Cancellations.</strong> If you repeatedly cancel or attempt to cancel confirmed reservations or purchased subscriptions, we reserve the right in our sole discretion to temporarily or permanently suspend or terminate your access to the Service(s).</p> </li> <li><p>5.8. <strong>Delinquent Accounts.</strong> We may suspend or terminate your access to the Service(s) or Properties if any amount associated with your account is due but unpaid. In addition, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.</p> </li> <li><p>5.9. <strong>Taxes.</strong> Sales and use tax, VAT, local hotel occupancy tax, tourist tax, city tax, lodging tax, and other indirect taxes ("<strong>Taxes</strong>") may be imposed on the amount charged for our Services, Properties, and other products offered in certain jurisdictions. The actual tax amount charged may vary depending on the rates in effect at the time of your Period of Occupancy (defined in Section 6.2). Certain local governmental agencies may require Sonder to collect and remit occupancy taxes based on a percentage of the prices set by Sonder, a fixed amount per day, or some other method.</p> </li> </ol> </li> <li><p>6. <strong>Service(s) and Booked Properties.</strong></p> <ol> <li><p>6.1. <strong>Limited License to the Service(s).</strong> Subject to your complete and ongoing compliance with this Agreement, we grant you, solely for your personal (except as expressly provided in this Section 6.1) and non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service(s) obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Service(s). Notwithstanding the foregoing, if permissible under the laws applicable to the Service(s) or any Booked Property, you may use the Service(s) for non-personal use only if you are an organization and only to reserve Properties, or enter into a subscription, for or on behalf of your organization's employees, your organization's students, and/or a third party ("<strong>Limited Non-Personal Use</strong>"), provided that: (i) you enter into a separate written agreement with us that provides additional terms and conditions governing this Limited Non-Personal Use ("<strong>Limited Use Agreement</strong>") and such use shall be subject to the terms and conditions of this Agreement and the Limited Use Agreement; (ii) you require each employee, student, and/or third party to agree in writing to be bound by this Agreement; and (iii) you remain responsible and liable for all acts and omissions of each such employee, student, and/or third party to the same extent as if such acts and omissions had been undertaken by you.</p> </li> <li><p>6.2. <strong>Use of Booked Properties.</strong></p> <ol> <li><p>6.2.1 <strong>Limited License to STA/HOTEL Properties.</strong> Subject to your complete and ongoing compliance with this Agreement and subject to applicable law, we grant you a limited, exclusive (except as expressly provided in this Section 6.2), non-transferable, non-sublicensable (except as expressly provided in this Section 6.2), revocable license to occupy the specific unit at the specific Property for only the specific period of time that you have reserved under a STA/Hotel Reservation for personal (except as expressly provided in this Section 6.2) and non-commercial purposes only and for the maximum number of occupants permitted by us, as confirmed in writing by us (a "<strong>Confirmation</strong>") and provided by us to you by email or other means (such specific type of reserved Property, the "<strong>STA/Hotel Property</strong>" and such specific reserved period of time, the "<strong>STA/Hotel Period of Occupancy</strong>") and the right of ingress and egress to and from the STA/Hotel Property. For the avoidance of doubt, we are not obliged to make the STA/Hotel Property available, and a binding contract with respect to the STA/Hotel Property is not in place, until such time as you receive the foregoing Confirmation (at which point your reservation is deemed "completed"), and in no event shall you have any rights to renewal, extension, or recurring use of the STA/Hotel Property. You hereby agree to direct any repair, maintenance, and other operational questions, requests, or complaints to Sonder at the contact information located at <a href="/help">https://www.sonder.com/help</a> and shall not direct any such communications to any Landlord or other non-Sonder personnel.</p> </li> <li><p>6.2.2 <strong>Limited Right to Use Extended Stay Properties.</strong> This Agreement shall not provide permission or the right to enter or use any Property that is the subject of an Extended Stay Reservation unless and until you enter into an Extended Stay Agreement or you receive a Confirmation from us identifying the applicable Property. For the avoidance of doubt, we are not obliged to make the Extended Stay Property available until such Extended Stay Agreement has been fully executed by you or you have received a Confirmation from us. The Extended Stay Agreement or Confirmation shall contain the terms of the applicable reservation, including the specific unit at the specific Property that is the subject of the reservation (the "<strong>Extended Stay Property</strong>") and the term of the reservation (the "<strong>Extended Stay Period of Occupancy</strong>"). In no event shall you have any rights to renewal, extension, or recurring use of the Extended Stay Property, except as required by law. You hereby agree to direct any repair, maintenance and other operational questions, requests, or complaints to Sonder at the contact information located at <a href="/help">https://www.sonder.com/help</a> and shall not direct any such communications to any Landlord or other non-Sonder personnel.</p> </li> <li><p>6.2.3 <strong>Limited Right to Use Subscription Properties.</strong> This Agreement shall not provide permission or the right to enter or use any Property that is the subject of a subscription unless and until you enter into a Membership Agreement identifying the applicable Property. For the avoidance of doubt, we are not obliged to make the Subscription Property available until such Membership Agreement has been fully executed by you and us. The Membership Agreement shall contain the terms of the applicable subscription, including the specific unit at the specific Property that is the subject of the subscription (the "<strong>Subscription Property</strong>", and, together with a STA/Hotel Property, and an Extended Stay Property, each a "<strong>Booked Property</strong>"), the term of the subscription (the "<strong>Subscription Period of Occupancy</strong>" and, together with a STA/Hotel Period of Occupancy, and an Extended Stay Period of Occupancy, each a "<strong>Period of Occupancy</strong>"), any rights of transfer and entry by us or any third parties. In no event shall you have any rights to renewal, extension, or recurring use of the Subscription Property, except as required by law. You hereby agree to direct any repair, maintenance and other operational questions, requests, or complaints to Sonder at the contact information located at <a href="/help">https://www.sonder.com/help</a> and shall not direct any such communications to any Landlord or other non-Sonder personnel.</p> </li> <li><p>6.2.4 Notwithstanding the foregoing: (a) you may sublicense or permit a third party to use the Booked Property for Limited Non-Personal Use only provided you meet the conditions set forth in Section 6.1(i)-(iii).</p> </li> <li><p>6.2.5 We reserve the right at all times during the Period of Occupancy to enter and to permit other individuals to enter the Property at any time in the following circumstances or for the following purposes, subject to applicable law: (i) in response to your written or verbal request, upon your consent, or as necessary to provide the Service(s) to you; (ii) to investigate, address, or prevent any actual or reasonably suspected or foreseeable past, current, or impending unlawful activity or damage to the Property (you expressly agree that we have the right to document by photograph, video, or otherwise any such damage, and/or compliance with this Agreement and compliance with the House Rules that we post on our website, which may be updated from time to time (the "House Rules"), subject to and in compliance with the Privacy Policy, during such entry); (iii) to prevent or mitigate bodily harm to you or others that we reasonably expect has occurred or may occur; (iv) upon your breach or suspected breach of any provision of this Agreement, provided that we give you prior notice (<em>e.g.</em>, by email, phone, text message, or knocking on the door); (v) for any purpose (including for repair and maintenance and to examine or show the same), provided that we give you reasonable notice (<em>e.g.</em>, by email, phone, text message, or knocking on the door); (vi) to cooperate with requests from law enforcement officials to enter the Property; (vii) where we believe reasonably necessary to protect the personal safety, rights, or property of us, you, any third party, or to prevent fraud or other unlawful activity; and/or (viii) at any time that may be necessary or advisable in our sole discretion, such as in the event of an emergency.</p> </li> </ol> </li> <li><p>6.3. <strong>Feedback License to Us.</strong> If you choose to provide suggestions or any other input regarding problems with, proposed modifications or improvements to, or any other aspect of the Service(s) or Properties ("<strong>Feedback</strong>"), then you hereby grant us an unrestricted, worldwide, perpetual, irrevocable, non-exclusive, freely transferable and sublicensable (including through multiple tiers), royalty-free, and fully-paid right and license to exploit the Feedback in any manner and for any purpose with no obligation or accounting to you, including to improve the Service(s) and Properties and create other products and services.</p> </li> </ol> </li> <li><p>7. <strong>Restrictions and Responsibilities.</strong></p> <ol> <li><p>7.1 <strong>Compliance with Law.</strong> If you are prohibited under applicable law from using any of the Service(s) or Properties (including Booked Properties), you may not use them. You understand and agree that you are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Service(s) and/or Properties. We shall comply with the requirements of the Fair Employment and Housing Act and shall not discriminate based upon any of the protected categories covered in such Act where applicable.</p> </li> <li><p>7.2. <strong>Use of Amenities.</strong> You and your occupants, guest(s), visitors, invitees and any other parties to whom you give access to or use of any Property, including the Booked Property (collectively and individually, "<strong>Your Guests</strong>") may use only the Booked Property amenities (<em>e.g.</em>, fitness room and gym equipment) expressly made available by us for the common and joint use of Sonder's members, guests and residents in the applicable Property (collectively, the "<strong>Amenities</strong>"). Access to such Amenities is not guaranteed and may be limited, revoked, or suspended from time to time. You agree to comply and ensure all of Your Guests' compliance with all applicable rules with respect to your and Your Guests' use of such Amenities. You understand and agree that use of such Amenities may be suspended if you or any of Your Guests violate any such rules. You shall be responsible for any damage to such Amenities that you or any of Your Guests cause. ANY USE OF SUCH AMENITIES IS AT YOUR AND YOUR GUESTS' OWN RISK AND YOU AND YOUR GUESTS RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ANY SONDER ENTITIES (DEFINED BELOW) IN CONNECTION WITH ANY USE OF SUCH AMENITIES. YOU AGREE THAT, AT OUR REQUEST AT ANY TIME, YOU AND/OR YOUR GUESTS WILL EXECUTE AND DELIVER A COMMERCIALLY REASONABLE FORM OF WAIVER AND RELEASE TO CONFIRM THE WAIVER AND RELEASE SET FORTH HEREIN AND THAT YOUR AND/OR YOUR GUESTS' USE OF THE AMENITIES MAY BE CONDITIONED ON YOUR AND/OR YOUR GUESTS' EXECUTION AND DELIVERY OF SUCH WAIVER AND RELEASE.</p> </li> <li><p>7.3. <strong>Use of On-Site Services.</strong> We may, but shall not be obligated to, offer On-Site Services for an additional fee from time to time, such as cleaning, babysitting, local tours, parking and special events. If so offered by us and so requested by you, we will mutually agree on the dates and times for such services and we and/or the applicable third party service provider shall have the right to enter the Booked Property to perform such services. To the extent that we offer and you request or use any such services, you hereby agree to comply and ensure all of Your Guests' compliance with all of the applicable rules with respect to your and Your Guests' use of such services. You understand and agree that your and Your Guests' use of such services may be suspended if you or any of Your Guests violate any such rules. You shall be responsible for any damage that you or any of Your Guests cause. ANY USE OF ON-SITE SERVICES IS AT YOUR AND YOUR GUESTS' OWN RISK AND YOU AND YOUR GUESTS RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ANY SONDER ENTITIES (DEFINED BELOW) IN CONNECTION WITH ANY SUCH SERVICES. YOU UNDERSTAND THAT THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. YOU AGREE THAT, AT OUR REQUEST AT ANY TIME, YOU AND/OR YOUR GUESTS WILL EXECUTE AND DELIVER A COMMERCIALLY REASONABLE FORM OF WAIVER AND RELEASE TO CONFIRM THE WAIVER AND RELEASE SET FORTH HEREIN AND THAT YOUR AND/OR YOUR GUESTS' USE OF THE ON-SITE SERVICES MAY BE CONDITIONED ON YOUR AND/OR YOUR GUESTS' EXECUTION AND DELIVERY OF SUCH WAIVER AND RELEASE.</p> <ol> <li><p>7.3.1 <strong>Additional Terms Related to On-site Storage.</strong> Certain Properties may offer you and Your Guests the use of storage lockers or other secured areas for purposes of storing belongings prior to or after the Period of Occupancy (collectively "<strong>On-Site Storage</strong>"). The following terms and conditions apply to your and Your Guests' use of On-Site Storage:</p> <ol> <li><p>7.3.1.1 We are providing On-Site Storage to you and Your Guests alone, as an accommodation, and we undertake no special duties of care with respect to such On-Site Storage.</p> </li> <li><p>7.3.1.2 You may only use On-Site Storage for storage of your personal items prior to check in (starting at 8 AM on the first day of your Period of Occupancy) and after check out (until 10 PM on the last day of your Period of Occupancy). On-Site Storage may not be used for storage during your Period of Occupancy or outside of the designated hours (8 AM - 10 PM).</p> </li> <li><p>7.3.1.3 You shall not make any alteration to the On-Site Storage facilities without our express written authorization.</p> </li> <li><p>7.3.1.4 We shall not be liable for any damages or loss you or Your Guests incur with respect to the items stored in On-Site Storage as a result of theft, disappearance, vandalism, fire, water, leaking pipes, rain, electrical malfunction, explosion, any act of God or any other situation outside of our control. Any loss or damage to, or theft of, your or Your Guests' property must be reported to us.</p> </li> <li><p>7.3.1.5 You and Your Guests are strictly prohibited from storing the following items in On-Site Storage: (i) revolvers, firearms, weapons, copies or imitations of weapons, knives or any other type of handheld weapon, ammunition, illegal drugs, explosives or flammable substances, welding equipment, perishable food substances, chemical, toxic or hazardous materials or any other inherently dangerous substance; (ii) items that are not legal to possess and/or store; and (iii) any other items stored in violation of any order or requirement imposed by any government agency or in violation of any law.</p> </li> <li><p>7.3.1.6 All items left in On-Site Storage are subject to inspection and/or examination by Sonder and/or law enforcement officials at any time and without prior notice or your or Your Guests' presence. All personnel of Sonder and building security, including, but not limited to, employees, agents, and/or contractors shall be held harmless for performing such duties or following the written or verbal orders of any governmental authority.</p> </li> <li><p>7.3.1.7 In the event that you lose your code or there is a malfunction to the entry into the On-Site Storage, we will require positive identification from you.</p> </li> <li><p>7.3.1.8 We reserve the right at any time to remove any items from On-Site Storage that have been stored in violation of these terms, subject to applicable law.</p> </li> </ol> </li> <li><p>7.3.2. <strong>Additional Terms Related to Parking.</strong> Certain Properties may offer you and Your Guests space for a personal vehicle in a parking lot during the Period of Occupancy ("Parking"). Parking may include paid parking ("<strong>Paid Parking</strong>") and valet parking services. The following terms and conditions apply to your use of Parking:</p> <ol> <li><p>7.3.2.1. You acknowledge and agree that we are not liable for any loss or damage that may occur to your or Your Guests' vehicle(s) or possessions while parked at our Parking facilities, including, without limitation, damage to, destruction, or theft of the parked vehicle or movable/built-in property in the vehicle or items mounted to or on the vehicle. You must notify us immediately of any damage to your or Your Guests' vehicle(s) or possessions.</p> </li> <li><p>7.3.2.2. You and/or Your Guests may utilize Parking starting at your check-in time (on the first day of your Period of Occupancy) and ending at your check-out time (on the last day of your Period of Occupancy).</p> </li> <li><p>7.3.2.3. After expiration of your Period of Occupancy, we may have your or Your Guests' vehicle removed from the Parking area at your expense.</p> </li> <li><p>7.3.2.4. Vehicles may only be parked within designated parking spaces. They may not be parked in the areas reserved permanently for others and marked as such. We are authorized to remove your or Your Guests' vehicle that has been improperly parked at your expense.</p> </li> <li><p>7.3.2.5. The following terms apply to Paid Parking: (i) Paid Parking must be reserved in advance for the entire Period of Occupancy; and (ii) Paid Parking is non-refundable and valid only for the Period of Occupancy. Sonder may change the terms in this paragraph at any time in its sole discretion.</p> </li> <li><p>7.3.2.6. Where you or Your Guests utilize the services of a valet or other third-party to transport your or Your Guests' vehicle to or within a Parking facility, we are not liable for any loss or damage that may occur to your or Your Guests' vehicle or its contents while the vehicle is in the possession of such third-party, including, without limitation, damage to, destruction or theft of the vehicle or movable/built-in property in the vehicle or items mounted to or on the vehicle.</p> </li> </ol> </li> </ol> </li> <li><p>7.4. <strong>Obligation to Maintain.</strong> You shall keep all interior portions of the Booked Property, and all furniture and decorations within the Booked Property, in good, clean, and sanitary condition, including free from all pests (such as, without limitation, bedbugs, cockroaches, mice and rats), and in proper working order throughout the applicable Period of Occupancy. Should any component fail to operate (including any appliance, plumbing, electrical, etc.), it is your responsibility to promptly contact us at the contact information located at <a href="https://www.sonder.com/help">https://www.sonder.com/help</a> as soon as a problem is detected.</p> </li> <li><p>7.5. <strong>Prohibited Conduct.</strong> In addition to all other rules and restrictions contained in the Agreement (including in any Additional Terms such as any applicable Order Form, Confirmation, Membership Agreement, Extended Stay Agreement and/or House Rules), in connection with your use of the Service(s) and Properties, you may not and you agree that you will not (except and solely to the extent such restriction is impermissible under applicable law):</p> <ol> <li><p>7.5.1. Use the Service(s) or any Property for any illegal purpose or in violation of any local, state, national, or international law (<em>e.g.</em>, you may not use your, our, or a third-party Internet connection or device on any of our Properties to illegally download or share files through BitTorrent, other peer-to-peer protocols, or otherwise);</p> </li> <li><p>7.5.2. Impersonate any individual or organization, or falsify or otherwise misrepresent yourself (including your age or date of birth) or your affiliation with any individual or organization;</p> </li> <li><p>7.5.3. Register for more than one Sonder account or Register on behalf of an individual other than yourself, except as expressly permitted under a Limited Use Agreement between you and us;</p> </li> <li><p>7.5.4. Use the Service(s) or any Property for any commercial or other purpose that is not expressly permitted under this Agreement (for the avoidance of doubt, you may not resell or transfer to any other individual or organization any reservation or subscription you make or enter into with us, except as expressly permitted under a Limited Use Agreement between you and us), or make false, fraudulent, or speculative reservations or subscriptions;</p> </li> <li><p>7.5.5. Reproduce, distribute, publicly display, or publicly perform any aspect of the Service(s) or make modifications to any aspect of the Service or any Property;</p> </li> <li><p>7.5.6. Bring into or onto any Property any illegal, dangerous or hazardous substance or item (including items that are likely to increase the risk of fire or explosion) or any firearms and other weapons (except those rightfully possessed by law enforcement officials or licensed security guards);</p> </li> <li><p>7.5.7. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service(s);</p> </li> <li><p>7.5.8. Use, display, mirror, or frame any aspect of the Service(s) (including any layout or design of any webpage or form contained therein), our name, or any of our trademarks, logos, or other proprietary information, without our express written consent;</p> </li> <li><p>7.5.9. Copy, store, or otherwise access any information accessible through the Service(s) or any Property for purposes not expressly permitted under this Agreement;</p> </li> <li><p>7.5.10. Use manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" any web pages or other services contained in the Service(s) or to otherwise collect information or interact with the Service(s);</p> </li> <li><p>7.5.11. Systematically retrieve data or other content from the Service(s) to create or compile, directly or indirectly, in one or more downloads, a collection, compilation, database, directory, or the like, whether by manual or automated methods;</p> </li> <li><p>7.5.12. Interfere or tamper with, circumvent, damage, or test the vulnerability of any aspect of the Service(s) or Properties (including any physical item therein), whether by manual or automated methods, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing of email address information, or similar methods or technology;</p> </li> <li><p>7.5.13. Infringe, misappropriate, or violate the rights of any individual or organization, including their intellectual property rights (including rights to trade secrets and moral rights), or their privacy, publicity, confidentiality, contractual, property, or other rights;</p> </li> <li><p>7.5.14. Use the Service(s) or any Property to transmit, distribute, post, or submit any information concerning any other individual or organization without such individual's or organization's permission, including photographs, personal contact information, or credit, debit, calling card, or other account numbers;</p> </li> <li><p>7.5.15. Engage in any conduct that: (i) would give rise to civil liability; (ii) is fraudulent, false, misleading, or deceptive; (iii) is defamatory, obscene, pornographic, vulgar, or offensive; (iv) promotes or constitutes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group or otherwise threatens or embarrasses any individual or group; (v) is violent or threatening or promotes violence or actions that are threatening to any other individual or organization; (vi) promotes illegal or harmful activities or substances; or (vii) is restricted or prohibited by or under any of our Additional Terms (defined in Section 19.5);</p> </li> <li><p>7.5.16. Perform any activity or create any condition in or on any Booked Property, Amenities, or Property that could create a nuisance, annoyance, or disturbance to any other residents or neighbors of surrounding properties.</p> </li> <li><p>7.5.17. Attempt to do any of the foregoing or assist or advocate, encourage, permit, or assist any third party (including Your Guests) in doing any of the foregoing.</p> </li> </ol> </li> <li><p>7.6. <strong>Safety Features.</strong></p> <ol> <li><p>7.6.1. <strong>Safety Features for STA/Hotel Reservations.</strong> You acknowledge and agree that the Properties may contain certain safety features such as smoke detectors, smoking detectors, carbon monoxide detectors, fire alarms, or sound level monitoring units as may be required by law, you consent to our use of these safety features, and you agree not to interfere or tamper with these features (as prohibited under Section 7.5.12). You agree to immediately report any problems or need for maintenance or repairs to us. We have a right to enter the STA/Hotel Property to check and maintain these safety features as provided by law. It is expressly understood that you must not, at any time, disable or remove any installed safety feature, and to do so shall be considered a material breach of this Agreement and will be just cause for termination of this Agreement and your removal from the Property.</p> </li> <li><p>7.6.2. <strong>Safety Features for Extended Stay Reservations.</strong> You acknowledge and agree that the Properties may contain certain safety features such as smoke detectors, smoking detectors, carbon monoxide detectors, fire alarms, or sound level monitoring units as may be required by law, you consent to our use of these safety features, you agree not to interfere or tamper with these features (as prohibited under Section 7.5.12), and you shall be responsible for testing any such safety features (except any sound level monitoring units) weekly and immediately reporting any problems or need for maintenance or repairs to us. If battery operated, you are responsible for changing the (<em>e.g.</em>, smoke detector's or fire alarm's) battery as necessary, or immediately reporting to us the need for assistance in changing such battery. We have a right to enter the Extended Stay Property to check and maintain these safety features as provided by law. It is expressly understood that you must not, at any time, disable or remove any installed safety feature, and to do so shall be considered a material breach of this Agreement and will be just cause for termination of this Agreement and your removal from the Property.</p> </li> <li><p>7.6.3. <strong>Safety Features for Subscription Reservations.</strong> You acknowledge and agree that the Properties may contain certain safety features such as smoke detectors, smoking detectors, carbon monoxide detectors, fire alarms, or sound level monitoring units as may be required by law, you consent to our use of these safety features, you agree not to interfere or tamper with these features (as prohibited under Section 7.5.12), and you shall be responsible for testing any such safety features (except any sound level monitoring units) weekly and immediately reporting any problems or need for maintenance or repairs to us. If battery operated, you are responsible for changing the (<em>e.g.</em>, smoke detector's or fire alarm's) battery as necessary, or immediately reporting to us the need for assistance in changing such battery. We have a right to enter the Subscription Property to check and maintain these safety features as provided by law. It is expressly understood that you must not, at any time, disable or remove any installed safety feature, and to do so shall be considered a material breach of this Agreement and will be just cause for termination of this Agreement and your removal from the Property.</p> </li> <li><p>7.6.4. <strong>Security.</strong> You acknowledge and agree that certain security measures may be provided by us in connection with the Properties. We reserve the right to commence, expand, reduce or discontinue any such security measures at any time without notice to you.</p> </li> </ol> </li> <li><p>7.7. <strong>Damaged Property.</strong> You are responsible for leaving any Property including the Booked Property in the same condition it was in when you arrived and for following all related Additional Terms applicable to your stay at a Booked Property. You acknowledge and agree that you are responsible for your, Your Guests', and your and their pets' own acts, omissions, negligence, and willful misconduct. If we reasonably believe that you, Your Guests, or your or their pets have damaged a Booked Property or any Property or damaged or removed or stolen any physical item therein ("<strong>Damaged Property</strong>"), we will provide you with reasonable notice and evidence of such damage or suspected removal or theft and will give you two (2) business days to respond to our claim. After this time period, we will be automatically entitled to charge the Applicable Payment Method for the full amount of any lost revenue that we incur as a result of the Damaged Property and the full amount of the greater of the costs and fees actually incurred by us or that we reasonably expect to incur for fixing or replacing the Damaged Property (which may include replacing damaged items with equivalent items) ("<strong>Damaged Property Fee</strong>"). Additionally, if you, Your Guests, or your or their pets have damaged a Booked Property or any Property or damaged or removed or stolen any physical item therein we may terminate this Agreement and remove you and any and all of Your Guests from the Booked Property and any Property. We reserve at all times the right to fix the Damaged Property in the manner of our choosing and to pursue in our sole discretion any and all avenues available to us to collect from you the Damaged Property Fee. For example, we may exercise the foregoing right by fixing the Damaged Property over an extended period of time, charging the Applicable Payment Method the sum total of the Damaged Property Fee up front or in installments, or by making one or more claims under your homeowner's, renter's, and/or other insurance policy, and you agree to cooperate with and assist us in good faith, and to provide us with such information as we may reasonably request in order to successfully make such claim.</p> </li> <li><p>7.8. <strong>Your Personal Items.</strong> We are not responsible for any of your property or personal items (collectively, "<strong>Personal Items</strong>") either during the term of this Agreement or that you may leave in any of the Properties after the expiration or earlier termination of this Agreement. Prior to the expiration of the applicable Period of Occupancy, you must remove all of your Personal Items from all applicable Booked Properties and any Property. If you have not done so, and after using commercially reasonable efforts to provide you with reasonable notice, we will be entitled to remove, store, and/or dispose of any Personal Items remaining in any of our Properties in accordance with applicable law, and you waive any claims or demands regarding such Personal Items or our handling of them. You will be responsible for paying any fees reasonably incurred by us regarding such removal, storage, and/or disposal. We recommend that you consider obtaining renter's insurance or personal property insurance to protect against any damage to or loss of your Personal Items.</p> </li> <li><p>7.9. <strong>Investigation and Prosecution.</strong> We reserve at all times the right to investigate and prosecute any breach of any provision of this Agreement to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who breach any provision of this Agreement. You acknowledge that we have no obligation to monitor your access to or use of the Service(s) or Properties but have the right to do so for the purpose of operating the Service(s), to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.</p> </li> </ol> </li> <li><p>8. <strong>Ownership; Proprietary Rights.</strong> The Service(s) are owned and operated by us. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service(s) ("<strong>Materials</strong>") provided by us are protected by intellectual property and other laws. All Materials included in the Service(s) are our and/or our third-party licensors' property. Except as expressly authorized by us, you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in this Agreement.</p> </li> <li><p>9. <strong>Third-Party Terms.</strong> We may provide tools or features through the Service(s) that enable you to interact with, including export information to, third-party websites or services, including through features that allow you to link your Sonder account with an account on a third-party website or service, such as Twitter, Facebook, or a third-party payment processor, or through our implementation of third-party buttons (such as "like" or "share" buttons). By using one of these tools or features, you agree that we may transfer such exported information to the applicable third-party website or service. Third-party websites and services are not under our control, and, to the fullest extent permitted by law, we are not responsible for any third-party service's use of your exported information. You acknowledge and agree that such interactions with third-party websites or services may be governed by one or more third parties' terms, conditions, and/or policies.</p> </li> <li><p>10. <strong>User Content.</strong></p> <ol> <li><p>10.1. <strong>User Content Generally.</strong> Certain features of the Service(s) may permit users to submit content to the Service(s), including messages, reviews, ratings, and other types of works ("<strong>User Content</strong>") and to publish User Content on the Service(s). You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service(s).</p> </li> <li><p>10.2. <strong>Ratings and Reviews.</strong> Within a certain timeframe after completing a reservation, you and other users may provide us with a public review ("<strong>Review</strong>") and/or rating ("<strong>Rating</strong>") regarding your or such other user's experience with the Service(s) or at a Booked Property. Reviews and Ratings reflect the opinions of the individual or entity that leaves such Review or Rating, do not reflect our opinion, and may be incorrect or misleading. We may, but are not obliged to, verify any Reviews or Ratings for accuracy. You acknowledge and agree that if you provide a Review or Rating, such Review or Rating must be accurate, may not contain any offensive or defamatory language, may be surfaced anywhere (including publicly) on our Service(s) or a third-party service as permitted by us, and constitute "User Content."</p> </li> <li><p>10.3. <strong>Limited License Grant to Us.</strong> By providing User Content to or via the Service(s), you grant us an unrestricted, worldwide, perpetual, irrevocable, non-exclusive, freely transferable and sublicensable (including through multiple tiers), royalty-free, and fully-paid right and license to exploit the User Content, in whole or in part, in any manner (including in any language or any media formats and through any media channels now known or hereafter developed) and for any purpose with no obligation or accounting to you.</p> </li> <li><p>10.4. <strong>User Content Representations and Warranties.</strong> We disclaim any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service(s). By providing User Content via the Service(s), you affirm, represent, and warrant that:</p> <ol> <li><p>10.4.1. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize us and our sublicensees to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 10, in the manner contemplated by us, the Service(s), and this Agreement;</p> </li> <li><p>10.4.2. your User Content, and the use of your User Content as contemplated by this Agreement, does not and will not: (i) infringe, violate, or misappropriate any third party's right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other individual or organization; or (iii) cause us to violate any law, rule, or regulation; and</p> </li> <li><p>10.4.3. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.</p> </li> </ol> </li> <li><p>10.5. <strong>User Content Disclaimer.</strong> We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. We may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates this Agreement or is otherwise objectionable. You understand that when using the Service(s) you may be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, we do not permit copyright-infringing activities on the Service(s).</p> </li> <li><p>10.6. <strong>Monitoring Content.</strong> We do not control and do not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service(s) by its users. You acknowledge and agree that we reserve the right to, and may from time to time, monitor any and all information transmitted or received through the Service(s) for operational and other purposes. If at any time we choose to monitor the content, we still assume no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (if applicable).</p> </li> </ol> </li> <li><p>11. <strong>Digital Millennium Copyright Act; DMCA Notification.</strong> We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:</p> <p>Sonder DMCA Service Provider<br/> Sonder Holdings Inc.<br/> ATTN: Office of the General Counsel (Copyright Notification).<br/> 447 Sutter Street, Suite 405 #542<br/> San Francisco, CA, 94108<br/> Email: <a href="/cdn-cgi/l/email-protection#bf999cc7898c84999c8e8e8e84999c8e8e8d84999cc7888684999c8e8e8b84999c8e8f8a84999c8e8f8c84999cc7898784999c8e8e8984999c898b84999cc7888c84999cc789d984999c8e8e8f84999cc7898b84999cc7898a84999c8e8e8b84999c8b8984999cc7898c84999cc789d984999c8e8f8684">copyright@sonder.com</a></p> <p>Any notice alleging that materials hosted by or distributed through the Service(s) infringe intellectual property rights must include the following information:</p> <ol> <li><p>11.1. an electronic or physical signature of the individual authorized to act on behalf of the owner of the copyright or other right being infringed;</p> </li> <li><p>11.2. a description of the copyrighted work or other intellectual property that you claim has been infringed;</p> </li> <li><p>11.3. a description of the material that you claim is infringing and where it is located on the Service(s);</p> </li> <li><p>11.4. your address, telephone number, and email address;</p> </li> <li><p>11.5. a statement by you that you have a good faith belief that the use of the materials on the Service(s) of which you are complaining is not authorized by the copyright owner, its agent, or the law; and</p> </li> <li><p>11.6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.</p> </li> </ol> </li> <li><p>12. <strong>Modification of this Agreement.</strong> We reserve the right to change this Agreement (including any of the Additional Terms in accordance with those agreements and applicable law) on a going-forward basis at any time. Please check this Agreement periodically for changes. If a change to this Agreement materially modifies your rights or obligations, we may require that you accept the modified Agreement in order to continue to use the Service(s) or any Properties. Material modifications are effective upon your acceptance of the modified Agreement and we will provide you with reasonable notice prior to such changes taking effect. Please discontinue using the Service(s) and any Property if you do not agree to these changes. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 12, this Agreement may be amended only by a written agreement signed by authorized representatives of the parties to this Agreement.</p> </li> <li><p>13. <strong>Term, Termination and Modification of the Service.</strong></p> <ol> <li><p>13.1. <strong>Term.</strong></p> <ol> <li><p>13.1.2. <strong>Term for STA/Hotel Reservations.</strong> This Agreement as applicable to STA/Hotel Reservations and related Services and Properties is effective beginning when you accept it, or first download, install, or otherwise access or use the Service(s) or Properties for STA/Hotel Reservations, and its term ends when the Agreement is terminated as described in Section 13.2.</p> </li> <li><p>13.1.3. <strong>Term for Extended Stay Reservations.</strong> This Agreement as applicable to Extended Stay Reservations and related Services and Properties is effective beginning when you accept it, when you enter into an Extended Stay Agreement with us that incorporates this Agreement by reference, or when you first download, install, or otherwise access or use the Service(s) or Properties for Extended Stay Reservations, and its term shall end in accordance with Section 13.2. The term and termination of any reservation (and the attendant right to use any Extended Stay Property) shall be as set forth in the applicable Extended Stay Agreement or Confirmation.</p> </li> <li><p>13.1.4. <strong>Term for Subscription Reservations.</strong> This Agreement as applicable to Subscription Reservations and related Services and Properties is effective beginning when you accept it, when you enter into a Membership Agreement with us that incorporates this Agreement by reference, or when you first download, install, or otherwise access or use the Service(s) or Properties for Subscription Reservations, and its term shall end in accordance with Section 13.2. The term and termination of any subscription (and the attendant right to use any Subscription Property) shall be as set forth in the applicable Membership Agreement.</p> </li> </ol> </li> <li><p>13.2. <strong>Termination.</strong> To the maximum extent permitted by applicable law, if you violate any provision of this Agreement or if Sonder's lease of, or right to use, any Property terminates or expires for any reason, all of our licenses to you, any permission to use any Property, (including any Booked Property), the Period of Occupancy, and this Agreement (which includes any still active Order Forms) automatically terminate without notice to you and, in addition to the remedies in Section 13.3, we reserve all rights and remedies available to us at law and equity including, without limitation, the right to remove you and Your Guests from any Property. In addition, we may, in our sole discretion, subject to compliance with all applicable law, terminate this Agreement or your account on the Service(s), or suspend or terminate your access to the Service(s), at any time for any reason or no reason, with or without notice.</p> <ol> <li><p>13.2.1. <strong>Termination by You for STA/Hotel Reservations.</strong> You may terminate your account and this Agreement as applicable to STA/Hotel Reservations at any time by contacting customer service at <a href="/cdn-cgi/l/email-protection#dafcf9a2edeae1fcf9a2ede8e1fcf9ebeaefe1fcf9ebebe2e1fcf9e3ede1fcf9e3e3e1fcf9ebe8ebe1fcf9a2eeeae1fcf9ebebefe1fcf9ebebebe1fcf9a2ecbfe1fcf9ebeaeae1fcf9ebeaebe1fcf9ebebeee1fcf9a2e8bfe1fcf9a2ece9e1fcf9a2ecbce1fcf9a2ecbee1">privacy@sonder.com</a> and requesting that your account be deleted.</p> </li> <li><p>13.2.2. <strong>Termination by You for Extended Stay Reservations.</strong> You may terminate your account and this Agreement as applicable to Extended Stay Reservations only if and as expressly permitted in the applicable Extended Stay Agreement or Confirmation.</p> </li> <li><p>13.2.3. <strong>Termination by You for Subscription Reservations.</strong> You may terminate your account and this Agreement as applicable to Subscription Reservations only if and as expressly permitted in the applicable Membership Agreement.</p> </li> </ol> </li> <li><p>13.3. <strong>Effect of Termination.</strong> Upon termination of this Agreement: (a) all of our applicable licenses to you, any permission or right to use the applicable Properties hereunder, and all applicable Periods of Occupancy automatically terminate and you must immediately cease all use of the applicable Service(s) and, subject to applicable law, the applicable Properties; (b) you will no longer be authorized to access your account or the applicable Service(s) or, subject to applicable law, any applicable Properties; (c) you must pay us any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5, 6.3, 7, 8, 9, 10, 13.3, 14, 15, 16, 17, 18 and 19 will survive.</p> </li> <li><p>13.4. <strong>Modification of the Service.</strong></p> <ol> <li><p>13.4.1. <strong>Modification of the Service(s) for STA/Hotel Reservations.</strong> We reserve the right to modify or discontinue the Service(s) at any time (including by limiting or discontinuing certain features of the Service(s) such as any of our product or Property offerings), temporarily or permanently, without notice to you. We will have no liability for any such change to or discontinuation of the Service(s).</p> </li> <li><p>13.4.2. <strong>Modification of the Service(s) for Extended Stay Reservations.</strong> We reserve the right to modify or discontinue the Service(s) at any time (including by limiting or discontinuing certain features of the Service(s) such as any of our product or Property offerings, but not the Extended Stay Property during the Extended Stay Period of Occupancy except as expressly permitted in the Extended Stay Agreement or Confirmation), temporarily or permanently, without notice to you. We will have no liability for any such change to or discontinuation of the Service(s).</p> </li> <li><p>13.4.3. <strong>Modification of the Service(s) for Subscription Reservations.</strong> We reserve the right to modify or discontinue the Service(s) at any time (including by limiting or discontinuing certain features of the Service(s) such as any of our product or Property offerings, but not the Subscription Property during the Subscription Period of Occupancy except as expressly permitted in the Membership Agreement), temporarily or permanently, without notice to you. We will have no liability for any such change to or discontinuation of the Service(s).</p> </li> </ol> </li> </ol> </li> <li><p>14. <strong>Indemnity.</strong> To the fullest extent permitted by law, you are responsible for your use of the Service(s) and Properties, and you will defend and indemnify us and our officers, directors, employees, contractors, consultants, affiliates, subsidiaries, agents, and Landlords (and their property managers, service providers, and agents) (individually a "<strong>Sonder Entity</strong>" and collectively the "<strong>Sonder Entities</strong>") from and against every claim brought by a third party, and any related liability, direct or indirect damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or connected with: (a) your, Your Guests', and/or your or their pets' use of, or misuse of, the Service(s) or your, Your Guests', and/or your or their pets' use, occupation, or misuse of the Properties; (b) your or Your Guests' breach or violation of any portion of this Agreement, any representation, warranty, or agreement referenced in this Agreement, or any applicable law, rule, or regulation (including those put in place by Landlords from time to time); (c) your or Your Guests' infringement, misappropriation, or violation of any third party's right, including any intellectual property rights (including rights to trade secrets and moral rights), or any privacy, publicity, confidentiality, contractual, property, or other rights; (d) any dispute or issue between you and/or Your Guests and any third party; or (e) any injury, death, or damages sustained by any individual or entity, or to the property of the same (including any pets), where such injury, death, or damage is caused by your, Your Guests', or your or their pets' acts or omissions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.</p> </li> <li><p>15. <strong>Disclaimers; No Warranties.</strong></p> <ol> <li><p>15.1. THE SERVICE(S), PROPERTIES, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE(S) AND PROPERTIES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, PROPERTIES, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE AND PROPERTIES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.</p> </li> <li><p>15.2. WE DO NOT WARRANT THAT THE SERVICE(S), PROPERTIES, MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE(S) AND PROPERTIES, OR ANY PORTION OF ANY OF THE FOREGOING WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND WE DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.</p> </li> <li><p>15.3. WE DO NOT MAKE ANY WARRANTY REGARDING THE QUALITY OF ANY ASPECT OF THE SERVICE(S), PROPERTIES, OR MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE(S) OR PROPERTIES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE FOREGOING.</p> </li> <li><p>15.4. YOU UNDERSTAND AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OF ANY THIRD PARTY (INCLUDING PETS) OR ANY CONDITION OR CIRCUMSTANCE (<em>E.G.</em>, CONSTRUCTION) OUTSIDE A PROPERTY. FOR THE AVOIDANCE OF DOUBT, YOU UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY AND ALL CLAIMS RESULTING FROM THE MISCONDUCT OF ANY LANDLORD, PROPERTY OWNER, PROPERTY MANAGER, OTHER GUEST OR RESIDENT AND THAT SUCH CLAIMS ARE TO BE BROUGHT AGAINST SUCH LANDLORD, PROPERTY OWNER, PROPERTY MANAGER, OTHER GUEST OR RESIDENT DIRECTLY.</p> </li> <li><p>15.5. OTHER THAN AS SET OUT IN SECTION 16 BELOW, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE(S), PROPERTIES, ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE(S) OR PROPERTIES, OR ANY SONDER ENTITIES WILL CREATE ANY WARRANTY REGARDING ANY OF THE FOREGOING THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. OTHER THAN AS SET OUT IN SECTION 16 BELOW, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE(S), PROPERTIES, OR ANY OTHER USER, OR ANY GUESTS, INVITEES, OR PETS, OF THE SAME. YOU UNDERSTAND AND AGREE THAT YOU USE ANY ASPECT OF THE SERVICE(S) AND PROPERTIES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR ANY PHYSICAL BELONGINGS USED IN CONNECTION WITH YOUR USE OF THE SERVICE(S) OR PROPERTIES) OR ANY LOSS OF DATA, INCLUDING USER CONTENT, OR ANY LOSS, DAMAGE, OR THEFT OF ANY OF YOUR PROPERTY OR THE PROPERTY OF YOUR GUESTS OR OTHERS KEPT OR STORED IN OR ABOUT THE PROPERTIES OR ANY PERSONAL INJURY OR DEATH OR PET INJURY OR DEATH.</p> </li> <li><p>15.6. WE DO NOT CONTROL ANY FEES THAT MAY BE CHARGED TO YOU BY ANY THIRD PARTY RELATING TO ON-SITE SERVICES OR OUR COLLECTION OF ANY FEES THAT YOU OWE US UNDER THIS AGREEMENT, AND WE DISCLAIM ALL LIABILITY IN CONNECTION WITH THE FOREGOING.</p> </li> <li><p>15.7. WE MAY USE THE SERVICES OF A REAL ESTATE BROKER, AGENT, REFERRAL SERVICE OR SIMILAR PARTY (THE "<strong>BROKER</strong>"). YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE BROKER SOLELY REPRESENTS SONDER AND HAS NO OBLIGATION OR DUTY TO YOU, EXCEPT AS REQUIRED BY LAW AND UNLESS OTHERWISE AGREED IN WRITING BY YOU AND SONDER. IN EITHER CIRCUMSTANCE, YOU HAVE THE SOLE OBLIGATION TO PROTECT YOUR INTERESTS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE BROKER SHALL HAVE NO EXPRESS OR IMPLIED RIGHT OR AUTHORITY TO CREATE ANY OBLIGATION ON BEHALF OF SONDER OR BIND SONDER TO ANY CONTRACT, AGREEMENT OR UNDERTAKING. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BROKER WILL CREATE ANY OBLIGATION, REPRESENTATION OR WARRANTY BY SONDER.</p> </li> <li><p>15.8. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT WE ARE PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.</p> </li> <li><p>15.9. "WE", AS USED IN THIS SECTION 15 (EXCEPT FOR SECTION 15.4), REFERS TO US AS WELL AS THE APPLICABLE LANDLORD(S), PROPERTY OWNER(S), AND PROPERTY MANAGER(S).</p> </li> </ol> </li> <li><p>16. <strong>Limitation of Liability.</strong></p> <ol> <li><p>16.1. <strong>For Users Outside the UK and EU --</strong></p> <ol> <li><p>16.1.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY SONDER ENTITY BE LIABLE TO YOU OR YOUR GUESTS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REPUTATION, GOODWILL, INCOME, SALES, REVENUE, BUSINESS, ANTICIPATED SAVINGS, OR DATA, OR FOR BUSINESS INTERRUPTION, WASTED MANAGEMENT OR OFFICE TIME, PROCUREMENT FOR SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE OR INDIRECT LOSS, WHETHER OR NOT ANY SONDER ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES.</p> </li> <li><p>16.1.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (I) YOUR AND YOUR GUESTS' USE OF THE SERVICE(S), ON-SITE SERVICES, PROPERTIES, AND ANY MATERIALS, CONTENT, FURNISHINGS, AND EQUIPMENT AVAILABLE IN OR THROUGH THE SERVICE(S), ON-SITE SERVICES, OR PROPERTIES IS AT YOUR AND YOUR GUESTS' OWN RISK; AND (II) IN NO EVENT WILL ANY SONDER ENTITY BE LIABLE TO YOU OR YOUR GUESTS FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR PROPERTY DAMAGE ARISING OUT OF OR RELATING TO YOUR OR YOUR GUESTS' ACCESS TO OR USE OF, OR YOUR OR YOUR GUESTS' INABILITY TO ACCESS OR USE, THE SERVICE(S), ON-SITE SERVICES, PROPERTIES, OR ANY MATERIALS, CONTENT, FURNISHINGS, OR EQUIPMENT AVAILABLE IN OR THROUGH THE SERVICE(S), ON-SITE SERVICES, OR PROPERTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SONDER ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. ANY USE OF THE SERVICE(S), ON-SITE SERVICES, PROPERTIES, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE(S) OR PROPERTIES IS AT YOUR AND YOUR GUESTS' OWN RISK AND YOU AND YOUR GUESTS RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ANY SONDER ENTITIES IN CONNECTION WITH ANY SUCH USE.</p> </li> <li><p>16.1.3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE SONDER ENTITIES TO YOU AND YOUR GUESTS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR TO THE USE OF OR ANY INABILITY TO USE ANY SERVICE(S), ON-SITE SERVICES, PROPERTIES, OR ANY MATERIALS, CONTENT, FURNISHINGS, OR EQUIPMENT AVAILABLE IN OR THROUGH THE SERVICE(S), ON-SITE SERVICES, OR PROPERTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO US FOR ACCESS TO AND USE OF THE SERVICE(S), ON-SITE SERVICES, AND PROPERTIES IN THE SIX (6) MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM; OR (B) $100.</p> </li> <li><p>16.1.4. YOU ACKNOWLEDGE AND AGREE THAT EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS AGREEMENT WITH RESPECT TO THE BENEFITS DERIVED. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND IS A SPECIFIC INDUCEMENT FOR US TO ENTER IN THIS AGREEMENT. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.</p> </li> </ol> </li> <li><p>16.2. <strong>For Users in the UK and EU--</strong></p> <ol> <li><p>16.2.1. We are responsible to you only for foreseeable loss and damage we cause. We are responsible to you for loss and damage you suffer, which is a foreseeable result of our breach of the terms of this Agreement and/or our failure to act with reasonable care and skill where required (for example, when providing the Service(s)). We are not liable or responsible for any loss or damage that is not a foreseeable result of our breach of the terms of this Agreement and/or our failure to act with reasonable care and skill. <br/><br/> For reference: in relation to any such breach or failure, loss or damage will generally be "foreseeable" if it is either: (i) obvious that it would happen; or (ii) if, at the time this Agreement is entered into, both you and we knew it might happen.</p> </li> <li><p>16.2.2. We are not liable for business losses. The Services are only for private use by you (and Your Guests, where applicable) acting as a consumer(s) and not for any business purposes whatsoever. If you use the Service(s) for any commercial, business or other for-profit purpose(s), to the fullest extent permitted by law and without prejudice to any rights or remedies available to us, we will have no liability to you whatsoever for: (a) any loss of profit, loss of business, loss of business opportunity, loss of reputation or goodwill, loss of income, sales or revenue, loss of anticipated savings, loss or corruption of data, for any business interruption, or wasted management or office time (regardless of whether these types of loss or damage are direct, indirect or consequential); nor (b) any special, indirect or consequential loss or damage whatsoever.</p> </li> <li><p>16.2.3. We are not liable for loss or damage that is avoidable or that you cause. We will not be liable or responsible for any loss or damage that is: (a) "avoidable" meaning that that loss or damage is something that you could or should have avoided by taking reasonable actions designed to avoid or mitigate that loss or damage; and/or (b) "caused by you" meaning it happens as a result of your breach of any terms of this Agreement and/or your failure to act with reasonable care and skill where required.</p> </li> <li><p>16.2.4. What we do not exclude. Regardless of anything else said in this Agreement, including in Sections 16.2.1 to 16.2.3, nothing in it will limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) our fraud or fraudulent misrepresentation; (c) our failure to act with reasonable care and skill; nor (d) any other liability that cannot be excluded or limited by applicable law.</p> </li> <li><p>16.2.5. Sections 16.2.1 to 16.2.4 shall apply only if your country of residence is in the UK or the EU.</p> </li> </ol> </li> </ol> </li> <li><p>17. <strong>Dispute Resolution and Arbitration.</strong></p> <ol> <li><p>17.1. <strong>Application of this Section 17.</strong> This Section 17 shall only apply if your country of residence is outside of the UK and the EU. If you reside in the UK or the EU, please refer to Section 18.2 for provisions relevant to you concerning dispute resolution, governing law and jurisdiction.</p> </li> <li><p>17.2. <strong>Generally.</strong> In the interest of resolving disputes between you and Sonder in the most expedient and cost effective manner you and Sonder agree that, except as described in Section 17.3, every dispute arising in connection with this Agreement will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement or relating in any way to your access to or use of the Service(s), On-Site Services or Properties, including claims and disputes that arose between us before the effective date of this Agreement (each, a "Dispute"), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory ("Arbitration Agreement"). For purposes of this Arbitration Agreement, "Dispute" will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Agreement as well as claims that may arise after the termination of this Agreement.</p> </li> <li><p>17.3. <strong>Exceptions.</strong> Despite the provisions of Section 17.2, nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court if such claims qualify and remain in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.</p> </li> <li><p>17.4. <strong>Informal Dispute Resolution.</strong> There might be instances when a Dispute arises between you and Sonder. If that occurs, Sonder is committed to working with you to reach a reasonable resolution. You and Sonder agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Sonder therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement ("<strong>Informal Dispute Resolution Conference</strong>"). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference ("<strong>Notice</strong>"), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Sonder that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to <a href="/cdn-cgi/l/email-protection#3a1c19420c59011c19420c0f011c19420c0d011c19420c0b011c19420c59011c190c0e011c19420d09011c19420c5c011c190b0b0a011c19420c0e011c190b0a0b011c190b0b0e011c190e0c011c19420c09011c190b0b0b011c19420c5e01">legal@sonder.com</a>. Notice to you will be sent to the email address or address associated with your account. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party's Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.</p> </li> <li><p>17.5. <strong>Waiver of Jury Trial. YOU AND SONDER HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY.</strong> You and Sonder are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 17.3 above.</p> </li> <li><p>17.6. <strong>Waiver of Class and Other Non-Individualized Relief.</strong> <strong>YOU AND SONDER AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 17.11, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.</strong> Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 17.11 entitled "Batch Arbitration." Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this Section, "Waiver of Class and Other Non-Individualized Relief," are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Sonder agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in New York County, New York. All other Disputes shall be arbitrated or litigated in small claims court. This Section does not prevent you or Sonder from participating in a class-wide settlement of claims.</p> </li> <li><p>17.7. Rules and Forum. This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Sonder agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association ("<strong>AAA</strong>"), in accordance with the Consumer Arbitration Rules (the "<strong>AAA Rules</strong>") then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at <a href="https://www.adr.org/sites/default/files/Consumer%20Rules.pdf">https://www.adr.org/sites/default/files/Consumer%20Rules.pdf</a>. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the "<strong>Request</strong>"). Sonder's address for the Request is: Sonder Holdings Inc., 447 Sutter Street, Suite 405 #542, San Francisco, CA, 94108, Attention: Office of the General Counsel, with a copy to <a href="/cdn-cgi/l/email-protection#a187829091999a8782d997949a87829091929a8782d997909a8782d997c29a878297959a87829090949a8782d997c79a8782d997c49a87829091919a8782d997949a8782d996939a878295979a8782d997929a87829090909a8782d997c59a">legal@sonder.com</a>. The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Request shall also include counsel's name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.<br/><br/> Unless you and Sonder otherwise agree, or the Batch Arbitration process discussed in Section 17.11 is triggered, the arbitration will be conducted in the county where you reside. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules.</p> </li> <li><p>17.8. <strong>Arbitrator.</strong> The arbitrator will be either a competent retired judge or a competent attorney licensed to practice law in the state of New York and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 17.11 is triggered, the AAA will appoint the arbitrator for each batch.</p> </li> <li><p>17.9. <strong>Authority of Arbitrator.</strong> The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the Section entitled "Waiver of Class and Other Non-Individualized Relief," including any claim that all or part of that Section is unenforceable, illegal, void or voidable, or that that same Section has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the Section entitled "Batch Arbitration," all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the Section entitled "Batch Arbitration." The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.</p> </li> <li><p>17.10. <strong>Attorneys' Fees and Costs.</strong> To the maximum extent permitted by law, the parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), in which case the arbitrator may shift fees.</p> </li> <li><p>17.11. <strong>Batch Arbitration.</strong> To increase the efficiency of administration and resolution of arbitrations, you and Sonder agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Sonder by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of one hundred (100) Requests per batch (plus, to the extent there are less than one hundred (100) Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award ("<strong>Batch Arbitration</strong>"). All parties agree that Requests are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process ("<strong>Administrative Arbitrator</strong>"). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator's fees shall be paid by Sonder. You and Sonder agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.</p> </li> <li><p>17.12. <strong>30-Day Right to Opt Out</strong>. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: <a href="/cdn-cgi/l/email-protection#1b3d38632d7d203d38632c2b203d382a2a2d203d38632d7d203d382a2a2c203d38632c2f203d38632f2b203d38632c28203d38632d7d203d382a2a2b203d382a2b2b203d38632d2e203d382a2a2f203d3863297e203d382222203d382a2a2a203d382a2b2220">optout@sonder.com</a>, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Sonder account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.</p> </li> <li><p>17.13. <strong>Modifications to this Arbitration Provision.</strong> Notwithstanding any provision in this Agreement to the contrary, we agree that if Sonder makes any future material change to this Arbitration Agreement, it will notify you. Unless you reject the change within thirty (30) days of such change becoming effective by writing to Sonder at 447 Sutter Street, Suite 405 #542, San Francisco, CA, 94108, your continued use of the Services or Properties following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services or Properties, the provisions of this Arbitration Agreement as of the date you first accepted the Agreement (or accepted any subsequent changes to this Agreement) remain in full force and effect. Sonder will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.</p> </li> <li><p>17.14. <strong>Invalidity, Expiration.</strong> Except as provided in Section 17.6, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Sonder as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.</p> </li> </ol> </li> <li><p>18. <strong>Governing Law and Jurisdiction</strong></p> <ol> <li><p>18.1. <strong>For Users Resident Outside the UK and EU.</strong> This Agreement is governed by the laws of the State of New York without regard to conflict of law principles. You and Sonder submit to the personal and exclusive jurisdiction of the state and federal courts located in New York City, New York for resolution of any lawsuit or court proceeding permitted under this Agreement.</p> </li> <li><p>18.2. <strong>For Users Resident In the UK or EU.</strong></p> <ol> <li><p>18.2.1. <strong>Governing law.</strong> This Agreement is governed by the laws of England and Wales.</p> </li> <li><p>18.2.2. <strong>Jurisdiction.</strong> The courts of England and Wales will have non-exclusive jurisdiction for resolution of any claims or proceedings (whether contractual or otherwise) arising out of or related to this Agreement. This means that you can only bring such claims or proceedings against us: (a) in the courts of your country of residence (for example, if you reside in Spain, you can bring a claim against us before the competent Spanish court); or (b) the courts of England and Wales. If Sonder wishes to enforce any of its rights against you, we may do so only in the courts of your country of residence.</p> </li> <li><p>18.2.3. <strong>Local law protections.</strong> Nothing in the Terms shall deprive you of any mandatory protection you have under the law of the country where you are resident, nor access to the courts in that country. Even though this Agreement is governed by the laws of England and Wales, in relation to any claims or proceedings in the courts of the country in which you are resident, if those courts will not apply the laws of England and Wales, then nothing in these Terms will prejudice the application by such courts of any applicable laws in your country of residence.</p> </li> <li><p>18.2.4. <strong>European Online Dispute Resolution.</strong> In addition, if your country of residence is in the EU, please note that disputes may be submitted for online resolution to the <a href="https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN">European Commission Online Dispute Resolution</a> platform. If you are a UK resident, then you cannot use this European Online Dispute Resolution platform.</p> </li> <li><p>18.2.5. <strong>Application</strong>. Sections 18.2.1 to 18.2.4 shall apply only if your country of residence is in the UK or the EU.</p> </li> </ol> </li> </ol> </li> <li><p>19. <strong>Miscellaneous.</strong></p> <ol> <li><p>19.1. <strong>General Terms.</strong> This Agreement, together with the Privacy Policy (if applicable) and any other agreements expressly incorporated by reference into this Agreement, is the entire and exclusive understanding and agreement between you and Sonder regarding your use of the Service(s) and Properties, and supersedes any previous marketing information, representations or agreements of any kind or nature between the parties relating to the subject matter hereof and whether recorded in writing, or otherwise. You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent, which may be withheld if, for example, we reasonably determine that the potential assignee or transferee is, or is likely to be, a competitor of us, or appears unwilling to or incapable of strictly complying with this Agreement. We may assign or transfer this Agreement, in whole or in part, at any time without notice or consent. The failure to require performance of any provision of this Agreement will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of this Agreement, or any provision of this Agreement, be a waiver of any subsequent breach or default or a waiver of the provision itself. The waiver by us of any provision of the Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other provision of the Agreement, nor will any custom or practice which may develop between the parties be construed to waive or to lessen our right to insist upon your performance of all the provisions of the Agreement, or support a claim of detrimental reliance by you. The specification in the Agreement of certain acts or omissions as bases for removing you from any Property shall not be construed as limiting our rights to remove you for any other reason allowed by applicable law. Our acceptance of a partial payment of any fees or other amounts owed to us pursuant to this Agreement will not constitute a waiver of our right to the full amount due, nor will our acceptance of fees or other amounts owed to us pursuant to this Agreement paid late ever constitute a waiver of our right to terminate this Agreement and remove you from any Property for such habitual late payment. Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of any provision. Nothing in this Agreement will affect your statutory rights as a consumer. Throughout this Agreement the use of the word "including" means "including but not limited to". If any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.</p> </li> <li><p>19.2. <strong>Third Party Rights.</strong> This Agreement is between you and us. Except where otherwise provided for in this Agreement or in a Limited Use Agreement, no other person shall have any rights to enforce any of its terms, whether under the UK Contract (Rights of Third Parties Act) 1999 or otherwise.</p> </li> <li><p>19.3. <strong>Additional Terms.</strong> Your use of the Service(s) and Properties is subject to all additional terms, policies, rules, guidelines, or instructions applicable to the Service(s) or Properties or certain features of the Service(s) or Properties that we may post on, link to from, or provide you with in writing (e.g., by email, text message, or posted at or provided in the applicable Property) including through the Service or applicable Property, including any Order Forms (and all exhibits, attachments, and addenda thereto), Confirmations and House Rules available at <a href="https://www.sonder.com/house-rules">https://www.sonder.com/house-rules</a> (the "<strong>Additional Terms</strong>"). All Additional Terms are incorporated by this reference into, and made a part of, this Agreement.</p> </li> <li><p>19.4. <strong>Privacy Policy.</strong> If you are based outside the UK and EU, Your use of the Service and Properties is also subject to our <a href="/privacy-policy">Privacy Policy</a> that we post on our website, as it may be updated from time to time (our <strong>Privacy Policy</strong>). Please read our Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. By accepting this Agreement, you agree to the sharing of your personal information in compliance with the Privacy Policy and all applicable law, for the purpose of and in connection with providing the Service(s) to you.</p> </li> <li><p>19.5. <strong>Consent to Electronic Communications.</strong> By using the Service(s) and Properties, you acknowledge that the Service(s) include certain electronic communications from us such as SMS text communications and as further described in our <a href="https://www.sonder.com/privacy-policy">Privacy Policy</a> (if applicable) and you consent to receiving such electronic communications. Please read our <a href="https://www.sonder.com/privacy-policy">Privacy Policy</a> to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. Sonder provides concierge support and other services for our guests via SMS on an opt in basis. For more information click <a href="https://www.sonder.com/short-code-terms-and-conditions">here</a>.</p> </li> <li><p>19.6. <strong>Contact Information.</strong> You may contact us at 447 Sutter Street, Suite 405 #542, San Francisco, CA, 94108, Attention: Office of the General Counsel. If you have a question or complaint, you may contact us by sending correspondence to that address or by contacting us at the contact information located at <a href="https://www.sonder.com/help">https://www.sonder.com/help</a>.</p> </li> <li><p>19.7. <strong>Notice to California Residents.</strong> If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or Properties, or to receive further information regarding use of the Service or Properties.</p> </li> <li><p>19.8. <strong>No Support.</strong> We are under no obligation to provide support for the Service(s) or Properties. In instances where we may offer support, the support will be subject to published policies.</p> </li> <li><p>19.9. <strong>Force Majeure.</strong> We will not be liable to you or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control including but not limited to severe weather, power, or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war, civil unrest, or other similar events of "force majeure".</p> </li> <li><p>19.10. <strong>Attorneys' Fees and Expenses.</strong> If we are required to engage legal counsel to enforce the conditions of this Agreement, to collect any amounts due, to remove you or your belongings from a Property, you shall be responsible for all lawyers' fees and expenses incurred in connection with the foregoing.</p> </li> <li><p>19.11. <strong>International Use.</strong> The Service(s) and Properties are intended for visitors located within the United States, Canada, Mexico, United Arab Emirates, European Union and United Kingdom. We make no representation that the Service is appropriate or available for use outside of these countries or territories. Access to the Service(s) or Properties from or in countries or territories or by individuals where or for whom such access is illegal is prohibited.</p> </li> </ol> </li> <li><p>20. <strong>United States Export Control & Foreign Assets Control Regulations.</strong> You hereby confirm that you are not included on the United Nations list of sanctioned persons, the European Union's list of designated parties, or the United States Treasury Department's Office of Foreign Assets Control list of specially designated nationals and blocked persons (the "<strong>OFAC SDN List</strong>"). If you are entering into this Agreement on behalf of an entity or organization, you hereby certify that such entity or organization (i) is not owned or controlled by the government of any country that is subject to an economic embargo maintained by the United States Government; (ii) is not not headquartered in any such embargoed country or region; and (iii) is not owned or controlled by any person or legal entity listed on the OFAC SDN List.</p> </li> <li><p>21. <strong>Notice Regarding Apple.</strong> This Section 21 applies only to the extent you are using our mobile application on an Apple-branded product (our "<strong>App</strong>"). You acknowledge that this Agreement is between you and Sonder only, not with Apple Inc. ("<strong>Apple</strong>"), and Apple is not responsible for the Service(s) or the content thereof. The license granted to you in Section 6.1 of this Agreement with respect to our App is limited to your use of such App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing. Apple has no obligation to furnish any maintenance and support services with respect to the Service(s). If the Service(s) fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service(s). Apple is not responsible for addressing any claims by you or any third party relating to the Service(s) or your possession and/or use of the Service(s), including: (a) product liability claims; (b) any claim that the Service(s) fail to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and/or discharge of any third-party claim that the Service(s) and/or your possession and use of the Service(s) infringe a third party's intellectual property rights. You agree to comply with any applicable third-party terms when using the Service(s). Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a " terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.</p> </li> </ol> </div></section><footer class="Footer_footer__B2B3M"><section class="Section_section__SjiCL Section_row__1KJhw Section_row_horizontal_start__sYjiS Section_row_vertical_center__dpWW_"><div class="Grid_grid__tOThg"><div class="Footer_sonder_logo__MvA2K"><span class="Image_image__bK_5T" style="display:inline-block"></span></div><div class="Grid_grid__tOThg Grid_justify_start__UHiQL Footer_links__IvzXV Footer_mobile_links__UbkLb"><div class="Column_column__0QqjI Column_align_items_center__mA1AF Column_justify_content_start__JsJsn Column_with_bottom_gutter__MiGIU"><div class="Footer_footer_column__VfZja"><p class="Text_base__9drYN Text_capitalized__Yw7n9 Text_off-white__DsTgk 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Please try again later.","emailTaken":"Account already exists with this email.\nSign in to invite friends and earn referral credit.","phoneTaken":"Account exists with this phone number.\nNot eligible for referral credit."},"email":{"email":"Email address","confirmEmail":"Confirm Email","password":"Password","firstName":"First Name","lastName":"Last Name"},"oAuth":{"login":"Log in with {{medium}}","apple":"Apple","google":"Google","linkedIn":"LinkedIn"},"logIn":{"title":"Log in","titleFromSignUp":"Welcome back.\nLog into your Sonder account.","oAuth":{"text":"or"},"email":{"cta":"Log in"},"action":{"resetPasswordMessage":"Forgot your password?","resetPassword":"Reset password","signUpMessage":"Don't have an account?","signUp":"Sign up"}},"signUp":{"toc":{"disclaimer":"By providing your email address, you agree to our","privacyPolicy":"Privacy Policy","and":"and","termsOfService":"Terms of Service"},"selector":{"title":"Sign up for access to\nmember pricing","titleExitIntent":"Get access to our\n15% off member only pricing","titleExitIntentExperiment":"Get access to our\n10% off member only pricing","titleReferral":"{{referrerName}} gave you {{creditAmount}} off your first stay. 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You're all signed up to get the latest Sonder scoop. Look out for your first email to learn more about Sonder."}},"javascriptDisabled":{"title":"JavaScript is disabled! To view our website, you must have JavaScript enabled in your web browser.","cta":"Show me how to enable it"},"contactInfo":{"www":{"contact":{"united_states":"United States","canada":"Canada","ireland":"Ireland","italy":"Italy","mexico":"Mexico","netherlands":"Netherlands","spain":"Spain","uk":"UK","france":"France"}},"headers":{"call_us":"Call Us","text_us":"Text Us","email_us":"Email Us"},"textDisclaimer":"For US guests Text SONDER to \u003cusTextLink\u003e89738\u003c/usTextLink\u003e to contact our 24/7 concierge team. Message frequency varies. Message \u0026 data rates may apply/ Text HELP for help, Text STOP to cancel. 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Please try again later, or contact support to help update your phone number.","sendCodeError":"We were unable to send your verification code. Please try again later, or contact support for help.","verifyCodeError":"We were unable to confirm your verification code. Please try again later, or contact support for help."}},"error":{"codeLengthInvalid":"Number must be 4 digits long","codeTypeInvalid":"Verification code must only contain digits"}},"errorModal":{"title":"Whoops!","body":"Something went wrong. Please review your information and try again.","action":"Try again","imageAlt":"Whoops"},"paymentVerification":{"formHeader":"Credit card details","headerImageAlt":"payment verification illustration","action":"Continue","billingAddress":"Billing address","addNewPaymentMethod":"+ Add new card","useExistingPaymentMethod":"Choose from saved payments","cardExpiryPlaceholder":"MM/YY","cardNumber":"Card number","cardExpiration":"Expiration","cvc":"CVC","maskedCreditCard":"xxxx-xxxx-xxxx-{{last4}}","usePersonalAddress":"Billing address is same as personal address","stayDetails":{"totalCost":"Total cost: {{amount}}","confirmationCode":"{{rentalSiteNameDisplay}} confirmation code: {{confirmationCode}}"},"paymentMethod":{"title":"Add credit card details","body":"Sonder requires a security deposit at check-in to cover any incidentals, such as damage, that may occur during your stay.","action":"Continue"},"needsPayment":{"title":"Pay for your reservation","body":"Because you booked through {{OTA}}, you’ll need to complete payment to confirm your reservation. This card will also be used for your security deposit, required by Sonder."},"summary":{"title":"Payment Summary","description":"Thanks for completing your payment.","action":"Continue"},"modal":{"success":{"title":"You're set!","body":"Your payment has been processed. Check your inbox for receipt of payment.","confirm":"Thanks for confirming your credit card.","action":"Continue","imageAlt":"Sonder Bedroom"}}},"identityVerification":{"heading":"Verify your identity","headerImageAlt":"id verification illustration","description":"Much like a traditional hotel, we need to check ID to make sure you’re you. We’ll have you upload a photo of your ID and verify with a selfie.","descriptionWithoutSelfie":"Much like a traditional hotel, we need to check ID to make sure you’re you. We’ll have you upload a photo of your ID.","body":{"heading":"Before you begin…","point1":"Make sure you have a government-issued photo identity document handy (driver’s license, passport, etc.)","point2":"Make sure you have a government-issued photo identity document handy (driver’s license, passport, etc.), for you and your accompanying guests","point3":"Enable your browser camera","point4":"Make sure there is enough light to see your face","note":"Note: Once you click the button, a pop-up should appear to begin your verification process. If you are not able to see the verification window, please allow popups for this page in your browser settings."},"consentStatement":"By selecting 'Get started,' I hereby consent to the use of my biometric data in order to use the Service. If I provide my consent, l have read and understand that my biometric data will be collected, used, and otherwise processed in accordance with \u003cPrivacyPolicyLink\u003eSonder's Privacy Policy\u003c/PrivacyPolicyLink\u003e and \u003cBiometricDataLink\u003eSonder's Biometric Data Privacy Notice\u003c/BiometricDataLink\u003e.","confirmation":"Confirm you agree to our privacy policy and biometric data policy ","action":"Get started","modal":{"success":{"title":"Thanks for checking in!","body":"Want to arrive early or stay late? You can request early check-in and late checkout via the “Manage reservation” button above, or with the Sonder app."},"error":{"personaError":"Sorry! We were unable to start the ID verification process. Please contact \u003ccontactInfoLink\u003esupport\u003c/contactInfoLink\u003e for assistance."}}},"formValidation":{"required":"Required"}},"arrivalTime":{"request":{"title":"We look forward to seeing you!","subtitle":"When will you be checking in?","body":"Let us know when you will be checking in, so that we can have your room prepared perfectly for your arrival. The standard check-in time is 4 pm.","link":"Want to check in before 4 pm? Download the Sonder app.","button":"Submit","earlierTime":"or earlier"},"success":{"title":"Your check-in time has been updated!","description":"Download the Sonder app to keep your reservation details at hand."}},"departureTime":{"request":{"title":"We hope you enjoyed your stay!","subtitle":"When will you be checking out?","body":"Let us know when you will be checking out, so that we can prepare for the next guest. The standard checkout time is 11 am.","link":"Want to check out after 11 am? Download the Sonder app.","button":"Save","earlierTime":"or earlier"},"success":{"title":"Your check-out time has been updated!","description":"Download the Sonder app to keep your reservation details at hand."}},"groups":{"capturePaymentDetails":{"form":{"header":{"title":"Add payment details","description1":"Please complete the form below so that we can process the charges according to the agreed upon schedule.","description2":"Don't worry, we won't charge you until the contract has been signed."},"cardDetails":{"title":"Credit card details"},"submitButton":"Submit payment details"},"bookingDetailsWidget":{"title":"Group Booking Details"},"confirmation":{"title":"You're all set.","description1":"We received your payment details.","description2":"Your sales representative will reach out with the next steps."},"paymentLinkExpired":{"title":"Payment link expired","description":"Please reach out to your sales representative if you need to change your payment method."},"notAuthorized":{"title":"Not authorized","description":"If you need to change your payment method, please reach out to your account manager or sales representative."},"error":{"title":"Server error","description1":"An unexpected error occurred. Please try again later.","description2":"If you need immediate support, please reach out to our \u003ccontactInfoLink\u003esupport team\u003c/contactInfoLink\u003e or your sales representative."}}}},"legal":{"termsOfService":{"header":"Sonder Terms of Service","lastUpdated":"Last Updated: Aug 09, 2021","overview":{"privacyPolicy":"Privacy Policy","body":"Welcome, and thank you for your interest in Sonder (\u003cstrong\u003e“Sonder,” “we,” or “us”\u003c/strong\u003e) and our website at www.sonder.com, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the \u003cstrong\u003e“Service(s)”\u003c/strong\u003e). The terms “Sonder”, “we”, “us” refers to Sonder Holdings Inc., a Delaware corporation and its subsidiaries and affiliates. These Terms of Service (together with the Additional Terms (defined in Section 18.5), the \u003cstrong\u003e“Agreement”\u003c/strong\u003e) and, for users outside the United Kingdom and the European Union, our \u003c0\u003ePrivacy Policy\u003c/0\u003e (defined in Section 18.6)) govern your use of the Service and Properties (defined in Section 1). This Agreement is a legally binding contract between you and us regarding your use of the Service and Properties. Failure to use the Service or Properties in accordance with this Agreement may subject you to civil and criminal penalties.\u003cbr\u003e\u003cbr\u003e\u003cstrong\u003ePLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.\u003c/strong\u003e\u003cbr\u003e\u003cbr\u003e\u003cstrong\u003eBY CLICKING “I ACCEPT” (OR WORDS TO SIMILAR EFFECT) BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE OR PROPERTIES, OR BY SIGNING A SEPARATE AGREEMENT WITH SONDER THAT EXPRESSLY INCORPORATES BY REFERENCE THIS AGREEMENT,\u003c/strong\u003e YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE OR PROPERTIES, YOU AGREE TO BE BOUND BY, THIS AGREEMENT. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN YOU DO NOT HAVE OUR PERMISSION OR ANY RIGHT TO USE THE SERVICE OR PROPERTIES. YOUR USE OF THE SERVICE OR PROPERTIES, AND OUR PROVISION OF THE SERVICE TO YOU AND EXPRESS LICENSE OR PERMISSION FOR YOU TO USE THE PROPERTIES (IF APPLICABLE), CONSTITUTE AN AGREEMENT BETWEEN US AND YOU TO BE BOUND BY THIS AGREEMENT.\u003cbr\u003e\u003cbr\u003e\u003cstrong\u003eARBITRATION NOTICE FOR USERS OUTSIDE THE UNITED KINGDOM (“UK”) AND THE EUROPEAN UNION (“EU”).\u003c/strong\u003e Except for certain kinds of disputes described in Section 17, you agree that disputes arising under this Agreement will be resolved by binding, individual arbitration , and BY ACCEPTING THIS AGREEMENT, YOU AND SONDER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 17 for more details.)"},"serviceOverview":"\u003cstrong\u003eService Overview.\u003c/strong\u003e Sonder Hospitality USA Inc. acquires rights and/or interests in accommodation for the onward supply of accommodation to travelers staying in the United States and countries other than Canada and Mexico. Hospitalité Sonder Canada Inc. acquires rights and/or interests in accommodation for the onward supply of accommodation to travelers staying in Canada. Sonder Stay México, S. de R.L. de C.V. acquires rights and/or interests in apartment accommodation for the onward supply of accommodation to travelers staying in Mexico. Sonder Hotels México S. de R.L. de C.V. acquires rights and/or interests in hotel accommodation for the onward supply of accommodation to travelers staying in Mexico. We provide information on physical properties managed, owned, licensed, leased, rented, and/or developed by us or any of our affiliates (each a \u003cstrong\u003e“Property”\u003c/strong\u003e and collectively the \u003cstrong\u003e“Properties”\u003c/strong\u003e ). You may use the Service to make legitimate reservations for certain Properties for short-term rentals (each a \u003cstrong\u003e“STA/Hotel Reservation”\u003c/strong\u003e), longer-term accommodations (each an \u003cstrong\u003e“Extended Stay Reservation”\u003c/strong\u003e) or membership subscriptions (each a \u003cstrong\u003e“Subscription Reservation”\u003c/strong\u003e and, together with a STA/Hotel Reservation and an Extended Stay Reservation, each a \u003cstrong\u003e“Reservation”\u003c/strong\u003e) and to obtain from us our express (i.e., written) permission for you to use such Properties for non-commercial purposes only for a certain period of time, in all cases, only in accordance with the terms and conditions of this Agreement. The \u003cstrong\u003e“Service(s)”\u003c/strong\u003e excludes any and all Properties and any and all rights of use or possession therein or thereof, but includes services provided by us or a third party service provider to you on or around a Booked Property (defined in Section 6.2) in connection with your permitted use of the Properties (if applicable), whether you reserve such Properties directly from us or a third party (\u003cstrong\u003e“On-Site Services”\u003c/strong\u003e”). For the avoidance of doubt, a \u003cstrong\u003e“Subscription Reservation”\u003c/strong\u003e is a reservation for a stay at one of our Properties that is made in connection with a purchased subscription, which is deemed entered into and purchased immediately upon your execution of an Order Form (defined in Section 3) for such subscription (such Order Form, a \u003cstrong\u003e“Membership Agreement”\u003c/strong\u003e), a \u003cstrong\u003e“STA/Hotel Reservation”\u003c/strong\u003e is a reservation for a short length stay at one of our Properties that is made outside and separate from any purchased subscription or Membership Agreement and an \u003cstrong\u003e“Extended Stay Reservation”\u003c/strong\u003e is a reservation for an intermediate or long term stay at one of our Properties that is made outside and separate from any purchased subscription or Membership Agreement, but that may be made in connection with an Order Form for such reservation (such Order Form, an \u003cstrong\u003e“Extended Stay Agreement”\u003c/strong\u003e) which is deemed entered into and purchased immediately upon either your execution of such Order Form for such reservation or your reservation of the Extended Stay Property and your payment of any portion of the Extended Stay Reservation fee.","supplierOfRecord":{"overview":"\u003cstrong\u003eSupplier of Record.\u003c/strong\u003e Depending on the location of the Properties, the following Sonder affiliates will be the supplier of record with respect to our Services:","list":{"l1":"Sonder Hospitality USA Inc., a Delaware corporation, located at 101 15th Street, San Francisco, CA 94103, Delaware file number 5736491.","l2":"Hospitalité Sonder Canada Inc., a Quebec corporation located at 201-15 rue Marie-Anne O., Montréal, Quebec, Canada H2W 1B6, numéro d'entreprise du Québec 1174937749.","l3":"Sonder Stay México, S. de R.L. de C.V., a Mexico corporation located at Avenida Insurgentes Sur 1915 Interior 602, Colonia Guadalupe Inn, Alcaldía Álvaro Obregón, Código Postal 01020, En la Ciudad de Mexico.","l4":"Sonder Hotels México, S. de R.L. de C.V., a Mexico corporation located at Avenida Insurgentes Sur 1915 Interior 602, Colonia Guadalupe Inn, Alcaldía Álvaro Obregón, Código Postal 01020, En la Ciudad de Mexico (each of the foregoing, individually, \u003cstrong\u003e“Supplier of Record”\u003c/strong\u003e or collectively, \u003cstrong\u003e“Suppliers of Record”\u003c/strong\u003e)."},"endNote":"If you are utilizing Services in connection with Properties located in the U.S. or any country other than Mexico and Canada, you are contracting with Sonder Hospitality USA Inc. If you are utilizing Services in connection with Properties located in Canada you are contracting with Hospitalité Sonder Canada Inc. If you are utilizing Services in connection with multifamily apartment Properties located in Mexico, you are contracting with Sonder Stay México, S. de R.L. de C.V. If you are utilizing Services in connection with hotel Properties located in Mexico, you are contracting with Sonder Hotels México, S. de R.L. de C.V.\u003cbr\u003e\u003cbr\u003eNote that we reserve the right to replace any Supplier of Record at any time and without notice.\u003cbr\u003e\u003cbr\u003eOther Sonder entities (\u003cstrong\u003e“Sonder Support Entities”\u003c/strong\u003e) may provide Services, including concierge, housekeeping, customer support, and other support services in connection with your use of the Properties. Sonder Support Entities do not have any authority or obligation to provide Services or Property under the contract with you. Similarly, you do not have a contractual relationship with Sonder Support Entities. Sonder Support Entities are not authorized to act as an agent for any Supplier of Record."},"eligibility":"\u003cstrong\u003eEligibility.\u003c/strong\u003e You must be at least 18 years old to use the Service. By agreeing to this Agreement, you represent and warrant to us that: (a) you are (i) at least 18 years old, are an emancipated minor, or possess legal parental or guardian consent to agree to this Agreement; and (ii) fully able and competent to enter into this Agreement; (b) you have not previously been suspended or removed from the Service or any of our Properties; and (c) your Registration (defined in Section 3) and your use of the Service and our Properties is and will be in compliance with any and all applicable laws, rules, and regulations. If you are an organization (e.g., a company or school), the individual accepting this Agreement on your behalf represents and warrants that he or she has the authority to bind you to this Agreement and you agree to be bound by this Agreement.","backgroundChecks":"\u003cstrong\u003eBackground Checks.\u003c/strong\u003e You acknowledge and agree that for transparency, safety, fraud prevention, and anti-money laundering purposes, and to the extent permitted by applicable law, we may, but have no obligation to, before and/or while you reserve and/or occupy a Property, including without limitation, before and/or during any renewal or extension: (a) require that you provide us with a form of government identification or other information sufficient to assist us with undertaking the background checks described in Sections 4(b)-(c); (b) screen you against third party databases or other sources and request reports (e.g., credit checks) regarding you from service providers (if available); and (c) for users outside of the UK and EU, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks (if available). You hereby consent to our undertaking the foregoing background checks and to our processing of the resulting information in accordance with our Privacy Policy (if applicable), including sharing with landlords, property owners and/or their property managers (any of the foregoing, a \u003cstrong\u003e“Landlord”\u003c/strong\u003e) the results of background checks for users based in the United States.","accountRegistration":"\u003cstrong\u003eAccount Registration\u003c/strong\u003e To access certain features of the Service, you may be required to register for an account (collectively, \u003cstrong\u003e“Register”\u003c/strong\u003e; and such process of Registering, \u003cstrong\u003e“Registration”\u003c/strong\u003e) and/or to enter into a membership agreement, sublease agreement, extended stay agreement, limited use agreement or other type of agreement or order form signed by us and you and made under and part of this Agreement (\u003cstrong\u003e“Order Form”\u003c/strong\u003e). When you Register, you may be required to provide us with some information about yourself, such as your name, email address, home address, date of birth, and other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you Register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at \u003c0\u003ereservations@sonder.com\u003c/0\u003e.","accountRegistrationLink":"reservations@sonder.com","feesAndPayment":{"overview":"\u003cstrong\u003eFees and Payment.\u003c/strong\u003e Certain features of the Service may require you to pay one-time and/or recurring fees. Before you pay any such fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable, unless expressly provided otherwise in writing by us.","list":{"l1":"\u003cstrong\u003eFees.\u003c/strong\u003e We reserve the right to determine pricing for the Service and any products we offer for sale, including, without limitation, for On-Site Services, or Properties that you may reserve or subscribe to through the Service. We will make reasonable efforts to keep pricing information that is published on our website up to date, but may not necessarily provide all specific pricing information (e.g., subscription-related pricing) online. We encourage you to check our website periodically for current pricing information. We may change any of this pricing information (including by adding applicable taxes, fees or charges) at any time. We, in our sole discretion, may make promotional offers with different features and different pricing to any of our customers. These promotional offers, unless made to you, will not apply to you or this Agreement.","l2":"\u003cstrong\u003eCurrency.\u003c/strong\u003e If you request a reservation or purchase certain Services, including for On-Site Services, you will be notified of the currency in which you will be charged. This currency will be determined by us based on the Applicable Payment Method (defined in Section 5.3) and other factors in our reasonable discretion, such as the location of the Property that you are trying to reserve or subscribe to. For your convenience and if the currency you will be charged in is not the same as the currency applicable in your country, we may provide you with an indication of how much the price would approximately be in your own currency. Such indication is merely indicative, not binding, and will depend on the applicable exchange rate of the day. You acknowledge that the applicable exchange rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) we update the applicable exchange rate on a regular, but not real-time, basis; and (ii) the applicable exchange rate may include an incremental cost or margin that is not included in the applicable market rate.","l3":"\u003cstrong\u003eAuthorization.\u003c/strong\u003e You authorize us to charge all applicable sums (including but not limited to any applicable one-time and/or recurring security deposits, reservation fees, extended stay fees, subscription fees, and Service fees, including for On-Site Services, the Damaged Property Fee, and any fees, costs and penalties for overstaying your reservation or subscription, and including all applicable Taxes (defined in Section 6.9), which such Taxes may be charged on a different day or time than the sums to which they relate)) for the reservations, subscriptions, and/or other purchases that you make through the Service in accordance with Section 8.7, to the payment method specified in your account or that you otherwise indicate when you submit such reservation or enter into a Membership Agreement, Extended Stay Agreement and/or other Order Form to or with us (the \u003cstrong\u003e“Applicable Payment Method“\u003c/strong\u003e) on the date that any such sum is due. Additionally, if the Applicable Payment Method is a credit card, then a few days before your check-in: (a) we may seek pre-authorization of your credit card account prior to completing your reservation or entering into a Membership Agreement, Extended Stay Agreement or other Order Form with you to verify that the credit card is valid and has the necessary funds or credit available to cover your reservation, subscription, any security deposit or other purchase, or any potential Damaged Property Fee or incidentals that may apply; and (b) you authorize us to place a hold on such credit card for sums sufficient to cover any applicable Damaged Property Fee and any other fees that you owe us under this Agreement and may be held for a few days following your check-out. To the extent that Sonder is charged any service fees in connection with your use of the Applicable Payment Method, you shall be responsible for such fees.","l4":{"l1":"\u003cstrong\u003eCancellations for STA/Hotel Reservations.\u003c/strong\u003e We will charge all applicable sums due for the STA/Hotel Reservations that you make through the Service at the time such reservations are requested. You may cancel a completed STA/Hotel Reservation at any time, and will be entitled to a refund, subject to the version of our cancellation policy posted on our website and effective at the time your reservation was completed. Our \u003c0\u003ecancellation policy\u003c/0\u003e is available online. YOU ACKNOWLEDGE AND AGREE THAT IF YOU REQUEST OR COMPLETE A STA/HOTEL RESERVATION FOR ONE OF OUR PROPERTIES THROUGH A THIRD PARTY OR THIRD-PARTY WEBSITE, STRICTER CANCELLATION POLICIES MAY APPLY. PLEASE REVIEW SUCH THIRD-PARTY POLICIES BEFORE SUBMITTING YOUR STA/HOTEL RESERVATION REQUEST AND MAKE SURE YOU AGREE WITH THE APPLICABLE CANCELLATION PERIOD.","l1Link":"cancellation policy","l2":"\u003cstrong\u003eCancellations for Extended Stay Reservations.\u003c/strong\u003e We will charge all applicable sums due for an Extended Stay Reservation at the time the applicable Extended Stay Agreement is fully executed by you and us. You may cancel your reservation request at any time before the applicable Extended Stay Agreement is fully executed. Once an Extended Stay Agreement is fully executed, you may not cancel the applicable reservation, except as may be otherwise expressly provided in such Extended Stay Agreement or other Order Form. YOU ACKNOWLEDGE AND AGREE THAT IF YOU REQUEST OR COMPLETE AN EXTENDED STAY RESERVATION FOR ONE OF OUR PROPERTIES THROUGH A THIRD PARTY OR THIRD-PARTY WEBSITE, STRICTER CANCELLATION POLICIES MAY APPLY. PLEASE REVIEW SUCH THIRD-PARTY POLICIES BEFORE SUBMITTING YOUR EXTENDED STAY RESERVATION REQUEST AND MAKE SURE YOU AGREE WITH THE APPLICABLE CANCELLATION PERIOD.","l3":"\u003cstrong\u003eCancellations for Subscription Reservations.\u003c/strong\u003e We will charge all applicable sums due for a subscription at the time the applicable Membership Agreement is fully executed by you and us. You may cancel your subscription request at any time before the applicable Membership Agreement is fully executed. Once a Membership Agreement is fully executed, you may not cancel the applicable subscription or any Subscription Reservation, except as may be otherwise expressly provided in such Membership Agreement. YOU ACKNOWLEDGE AND AGREE THAT IF YOU PURCHASE A SUBSCRIPTION OR REQUEST OR COMPLETE A SUBSCRIPTION RESERVATION FOR ONE OF OUR PROPERTIES THROUGH A THIRD PARTY OR THIRD-PARTY WEBSITE, STRICTER CANCELLATION POLICIES MAY APPLY. PLEASE REVIEW SUCH THIRD-PARTY POLICIES BEFORE PURCHASING YOUR SUBSCRIPTION OR SUBMITTING YOUR SUBSCRIPTION RESERVATION REQUEST AND MAKE SURE YOU AGREE WITH THE APPLICABLE CANCELLATION PERIOD.","header":"\u003cstrong\u003eCancellations.\u003c/strong\u003e"},"l5":{"l1":"\u003cstrong\u003eAlternative Accommodations for STA/Hotel Reservations.\u003c/strong\u003e In the event that a STA/Hotel Property (defined in Section 6.2) becomes unavailable for the whole or any part of the applicable STA/Hotel Period of Occupancy (defined in Section 6.2) for any reason, we will endeavor to arrange for suitable alternative accommodations during the Period of Occupancy. If we are unable to find suitable alternative accommodations during this period we have the right to cancel the applicable portion of the STA/Hotel Period of Occupancy and we will credit you with a full refund of pre-paid fees.","l2":"\u003cstrong\u003eAlternative Accommodations for Extended Stay Reservations.\u003c/strong\u003e In the event that an Extended Stay Property (defined in Section 6.2) becomes unavailable for the whole or any part of the applicable Extended Stay Period of Occupancy (defined in Section 6.2) for any reason, we will endeavor to arrange for suitable alternative accommodations during such Period of Occupancy. If we are unable to find suitable alternative accommodations during this period, we have the right to cancel the applicable portion of the Extended Stay Period of Occupancy subject to the express terms of any applicable Extended Stay Agreement or applicable law and we will credit you with a full refund of pre-paid fees. If you do not accept a suitable alternative accommodation that we offer to you, then you are entitled to cancel the applicable reservation, any pre-paid fees will be refunded to you, and neither we nor any of our third-party suppliers will be liable to you for any further amounts relating to such reservation.","l3":"\u003cstrong\u003eAlternative Accommodations for Subscription Reservations.\u003c/strong\u003e In the event that a Subscription Property (defined in Section 6.2) becomes unavailable for the whole or any part of the applicable Subscription Period of Occupancy (defined in Section 6.2) for any reason, we will endeavor to arrange for suitable alternative accommodations during such Period of Occupancy. If we are unable to find suitable alternative accommodations during this period, we have the right to cancel the applicable portion of the Subscription Period of Occupancy subject to the express terms of any applicable Membership Agreement or applicable law and we will credit you with a full refund of pre-paid fees. If you do not accept a suitable alternative accommodation that we offer to you, then you are entitled to cancel the applicable subscription, any pre-paid fees will be refunded to you, and neither we nor any of our third-party suppliers will be liable to you for any further amounts relating to such subscription.","header":"\u003cstrong\u003eAlternative Accommodations.\u003c/strong\u003e"},"l6":{"l1":"\u003cstrong\u003eModifications for STA/Hotel Reservations.\u003c/strong\u003e You may be able to modify your STA/Hotel Reservation, subject to additional Taxes, fees and charges, for example, by purchasing additional services and amenities (e.g., paid parking and extra cleaning services) or by modifying the applicable services or dates of your existing reservation. For the avoidance of doubt, if you modify or extend the dates of your STA/Hotel Reservation, you will be charged the applicable Property’s then-current market rate, which may be different (higher or lower) than the rates applicable to your existing reservation, for the modified dates. You will have an opportunity to review and accept any additional fees and/or charges prior to modifying such reservation.","l2":"\u003cstrong\u003eModifications for Extended Stay Reservations.\u003c/strong\u003e You may be able to modify portions of an Extended Stay Reservation, subject to any additional Taxes, fees and charges, for example, by purchasing or cancelling additional services and amenities (e.g., paid parking and extra cleaning services). You will have an opportunity to review and accept any such additional fees and/or charges prior to modifying the same. You may not however, modify the terms of any Extended Stay Agreement, including the dates or term of your reservation, except as expressly set forth in such Extended Stay Agreement or Order Form.","l3":"\u003cstrong\u003eModifications for Subscription Reservations.\u003c/strong\u003e You may be able to modify portions of a Subscription Reservation, subject to any additional Taxes , fees and charges, for example, by purchasing or cancelling additional services and amenities (e.g., paid parking and extra cleaning services). You will have an opportunity to review and accept any such additional fees and/or charges prior to modifying the same. You may not however, modify the terms of any Membership Agreement, including the dates or term of your subscription, except as expressly set forth in such Membership Agreement.","header":"\u003cstrong\u003eModifications.\u003c/strong\u003e"},"l7":"\u003cstrong\u003eRepeated Cancellations.\u003c/strong\u003e If you repeatedly cancel or attempt to cancel confirmed reservations or purchased subscriptions, we reserve the right in our sole discretion to temporarily or permanently suspend or terminate your access to the Service.","l8":"\u003cstrong\u003eDelinquent Accounts.\u003c/strong\u003e We may suspend or terminate your access to the Service or Properties if any amount associated with your account is due but unpaid. In addition, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.","l9":"\u003cstrong\u003eTaxes.\u003c/strong\u003e Sales and use tax, VAT, local hotel occupancy tax, tourist tax, city tax, lodging tax and other indirect taxes (“Taxes”) may be imposed on the amount charged for our Services, Properties, and other products offered in certain jurisdictions. The actual tax amount charged may vary depending on the rates in effect at the time of your Period of Occupancy (defined in Section 6.2). Certain local governmental agencies may require Sonder to collect and remit occupancy taxes based on a percentage of the prices set by Sonder, a fixed amount per day, or some other method."}},"serviceAndBookedProperties":{"header":"\u003cstrong\u003eService and Booked Properties.\u003c/strong\u003e","list":{"l1":"\u003cstrong\u003eLimited License to the Service.\u003c/strong\u003e Subject to your complete and ongoing compliance with this Agreement, we grant you, solely for your personal (except as expressly provided in this Section 6.1) and non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Service. Notwithstanding the foregoing, if permissible under the laws applicable to the Service or any Booked Property, you may use the Service for non-personal use only if you are an organization and only to reserve Properties, or enter into a subscription, for or on behalf of your organization’s employees, your organization’s students, and/or a third party (\u003cstrong\u003e“Limited Non-Personal Use”\u003c/strong\u003e), provided that: (i) you enter into a separate written agreement with us that provides additional terms and conditions governing this Limited Non-Personal Use (\u003cstrong\u003e“Limited Use Agreement”\u003c/strong\u003e) and such use shall be subject to the terms and conditions of this Agreement and the Limited Use Agreement; (ii) you require each employee, student, and/or third party to agree in writing to be bound by this Agreement; and (iii) you remain responsible and liable for all acts and omissions of each such employee, student, and/or third party to the same extent as if such acts and omissions had been undertaken by you.","l2":{"l1":"\u003cstrong\u003eLimited License to STA/HOTEL Properties.\u003c/strong\u003e Subject to your complete and ongoing compliance with this Agreement and subject to applicable law, we grant you a limited, exclusive (except as expressly provided in this Section 6.2), non-transferable, non-sublicensable (except as expressly provided in this Section 6.2), revocable license to occupy the specific unit at the specific Property for only the specific period of time that you have reserved under a STA/Hotel Reservation for personal (except as expressly provided in this Section 6.2) and non-commercial purposes only and for the maximum number of occupants permitted by us, as confirmed in writing by us (a \u003cstrong\u003e“Confirmation”\u003c/strong\u003e) and provided by us to you by email or other means (such specific type of reserved Property, the \u003cstrong\u003e“STA/Hotel Property”\u003c/strong\u003e and such specific reserved period of time, the \u003cstrong\u003e“STA/Hotel Period of Occupancy”\u003c/strong\u003e) and the right of ingress and egress to and from the STA/Hotel Property. For the avoidance of doubt, we are not obliged to make the STA/Hotel Property available, and a binding contract with respect to the STA/Hotel Property is not in place, until such time as you receive the foregoing Confirmation (at which point your reservation is deemed “completed”), and in no event shall you have any rights to renewal, extension, or recurring use of the STA/Hotel Property. You hereby agree to direct any repair, maintenance, and other operational questions, requests, or complaints to Sonder at the contact information located at \u003c0\u003ehttps://www.sonder.com/help\u003c/0\u003e and shall not direct any such communications to any Landlord or other non-Sonder personnel.","l1Link":"https://www.sonder.com/help","l2":"\u003cstrong\u003eLimited Right to Use Extended Stay Properties.\u003c/strong\u003e This Agreement shall not provide permission or the right to enter or use any Property that is the subject of an Extended Stay Reservation unless and until you enter into an Extended Stay Agreement or you receive a Confirmation from us identifying the applicable Property. For the avoidance of doubt, we are not obliged to make the Extended Stay Property available until such Extended Stay Agreement has been fully executed by you or you have received a Confirmation from us. The Extended Stay Agreement or Confirmation shall contain the terms of the applicable reservation, including the specific unit at the specific Property that is the subject of the reservation (the \u003cstrong\u003e“Extended Stay Property”\u003c/strong\u003e) and the term of the reservation (the \u003cstrong\u003e“Extended Stay Period of Occupancy”\u003c/strong\u003e). In no event shall you have any rights to renewal, extension, or recurring use of the Extended Stay Property, except as required by law. You hereby agree to direct any repair, maintenance and other operational questions, requests, or complaints to Sonder at the contact information located at \u003c0\u003ehttps://www.sonder.com/help\u003c/0\u003e and shall not direct any such communications to any Landlord or other non-Sonder personnel.","l2Link":"https://www.sonder.com/help","l3":"\u003cstrong\u003eLimited Right to Use Subscription Properties.\u003c/strong\u003e This Agreement shall not provide permission or the right to enter or use any Property that is the subject of a subscription unless and until you enter into a Membership Agreement identifying the applicable Property. For the avoidance of doubt, we are not obliged to make the Subscription Property available until such Membership Agreement has been fully executed by you and us. The Membership Agreement shall contain the terms of the applicable subscription, including the specific unit at the specific Property that is the subject of the subscription (the \u003cstrong\u003e“Subscription Property”\u003c/strong\u003e, and, together with a STA/Hotel Property, and an Extended Stay Property, each a \u003cstrong\u003e“Booked Property”\u003c/strong\u003e), the term of the subscription (the \u003cstrong\u003e“Subscription Period of Occupancy”\u003c/strong\u003e and, together with a STA/Hotel Period of Occupancy, and an Extended Stay Period of Occupancy, each a \u003cstrong\u003e“Period of Occupancy”\u003c/strong\u003e), any rights of transfer and entry by us or any third parties. In no event shall you have any rights to renewal, extension, or recurring use of the Subscription Property, except as required by law. You hereby agree to direct any repair, maintenance and other operational questions, requests, or complaints to Sonder at the contact information located at \u003c0\u003ehttps://www.sonder.com/help\u003c/0\u003e and shall not direct any such communications to any Landlord or other non-Sonder personnel.","l3Link":"https://www.sonder.com/help","l4":"Notwithstanding the foregoing: (a) you may sublicense or permit a third party to use the Booked Property for Limited Non-Personal Use only provided you meet the conditions set forth in Section 6.1(i)-(iii).","l5":"We reserve the right at all times during the Period of Occupancy to enter and to permit other individuals to enter the Property at any time in the following circumstances or for the following purposes, subject to applicable law: (i) in response to your written or verbal request, upon your consent, or as necessary to provide the Service to you; (ii) to investigate, address, or prevent any actual or reasonably suspected or foreseeable past, current, or impending unlawful activity or damage to the Property (you expressly agree that we have the right to document by photograph, video or otherwise any such damage, and/or compliance with this Agreement and compliance with the House Rules, subject to and in compliance with the Privacy Policy, during such entry); (iii) to prevent or mitigate bodily harm to you or others that we reasonably expect has occurred or may occur; (iv) upon your breach or suspected breach of any provision of this Agreement, provided that we give you prior notice (e.g., by email, phone, text message, or knocking on the door); (v) for any purpose (including for repair and maintenance and to examine or show the same), provided that we give you reasonable notice (e.g., by email, phone, text message, or knocking on the door); (vi) to cooperate with requests from law enforcement officials to enter the Property; (vii) where we believe reasonably necessary to protect the personal safety, rights, or property of us, you, any third party, or to prevent fraud or other unlawful activity; and/or (viii) at any time that may be necessary or advisable in our sole discretion, such as in the event of an emergency.","header":"\u003cstrong\u003eUse of Booked Properties.\u003c/strong\u003e"},"l3":"\u003cstrong\u003eFeedback License to Us.\u003c/strong\u003e If you choose to provide suggestions or any other input regarding problems with, proposed modifications or improvements to, or any other aspect of the Service or Properties (\u003cstrong\u003e“Feedback”\u003c/strong\u003e), then you hereby grant us an unrestricted, worldwide, perpetual, irrevocable, non-exclusive, freely transferable and sublicensable (including through multiple tiers), royalty-free, and fully-paid right and license to exploit the Feedback in any manner and for any purpose with no obligation or accounting to you, including to improve the Service and Properties and create other products and services."}},"restrictionsAndResponsibilities":{"header":"\u003cstrong\u003eRestrictions and Responsibilities.\u003c/strong\u003e","list":{"l1":"\u003cstrong\u003eCompliance with Law.\u003c/strong\u003e If you are prohibited under applicable law from using the Service or any of the Properties (including Booked Properties), you may not use them. You understand and agree that you are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Service and/or Properties. We shall comply with the requirements of the Fair Employment and Housing Act and shall not discriminate based upon any of the protected categories covered in such Act where applicable.","l2":"\u003cstrong\u003eUse of Amenities.\u003c/strong\u003e You and your occupants, guest(s), visitors, invitees and any other parties to whom you give access to or use of any Property, including the Booked Property (collectively and individually, \u003cstrong\u003e“Your Guests”\u003c/strong\u003e) may use only the Booked Property amenities (e.g., fitness room and gym equipment) expressly made available by us for the common and joint use of Sonder’s members, guests and residents in the applicable Property (collectively, the \u003cstrong\u003e“Amenities”\u003c/strong\u003e). Access to such Amenities is not guaranteed and may be limited, revoked, or suspended from time to time. You agree to comply and ensure all of Your Guests’ compliance with all applicable rules with respect to your and Your Guests’ use of such Amenities. You understand and agree that use of such Amenities may be suspended if you or any of Your Guests violate any such rules. You shall be responsible for any damage to such Amenities that you or any of Your Guests cause. ANY USE OF SUCH AMENITIES IS AT YOUR AND YOUR GUESTS’ OWN RISK AND YOU AND YOUR GUESTS RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ANY SONDER ENTITIES (DEFINED BELOW) IN CONNECTION WITH ANY USE OF SUCH AMENITIES. YOU AGREE THAT, AT OUR REQUEST AT ANY TIME, YOU AND/OR YOUR GUESTS WILL EXECUTE AND DELIVER A COMMERCIALLY REASONABLE FORM OF WAIVER AND RELEASE TO CONFIRM THE WAIVER AND RELEASE SET FORTH HEREIN AND THAT YOUR AND/OR YOUR GUESTS’ USE OF THE AMENITIES MAY BE CONDITIONED ON YOUR AND/OR YOUR GUESTS’ EXECUTION AND DELIVERY OF SUCH WAIVER AND RELEASE.","l3":"\u003cstrong\u003eUse of On-Site Services.\u003c/strong\u003e We may, but shall not be obligated to, offer On-Site Services for an additional fee from time to time, such as cleaning, babysitting, local tours, parking and special events. If so offered by us and so requested by you, we will mutually agree on the dates and times for such services and we and/or the applicable third party service provider shall have the right to enter the Booked Property to perform such services. To the extent that we offer and you request or use any such services, you hereby agree to comply and ensure all of Your Guests’ compliance with all of the applicable rules with respect to your and Your Guests’ use of such services. You understand and agree that your and Your Guests’ use of such services may be suspended if you or any of Your Guests violate any such rules. You shall be responsible for any damage that you or any of Your Guests cause. ANY USE OF ON-SITE SERVICES IS AT YOUR AND YOUR GUESTS’ OWN RISK AND YOU AND YOUR GUESTS RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ANY SONDER ENTITIES (DEFINED BELOW) IN CONNECTION WITH ANY SUCH SERVICES. YOU UNDERSTAND THAT THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. YOU AGREE THAT, AT OUR REQUEST AT ANY TIME, YOU AND/OR YOUR GUESTS WILL EXECUTE AND DELIVER A COMMERCIALLY REASONABLE FORM OF WAIVER AND RELEASE TO CONFIRM THE WAIVER AND RELEASE SET FORTH HEREIN AND THAT YOUR AND/OR YOUR GUESTS’ USE OF THE ON-SITE SERVICES MAY BE CONDITIONED ON YOUR AND/OR YOUR GUESTS’ EXECUTION AND DELIVERY OF SUCH WAIVER AND RELEASE.","l4":"\u003cstrong\u003eObligation to Maintain.\u003c/strong\u003e You shall keep all interior portions of the Booked Property, and all furniture and decorations within the Booked Property, in good, clean, and sanitary condition, including free from all pests (such as, without limitation, bedbugs, cockroaches, mice and rats), and in proper working order throughout the applicable Period of Occupancy. Should any component fail to operate (including any appliance, plumbing, electrical, etc.), it is your responsibility to promptly contact us at the contact information located at \u003c0\u003ehttps://www.sonder.com/help\u003c/0\u003e, as soon as a problem is detected.","l4Link":"https://www.sonder.com/help","l5":{"l1":"Use the Service or any Property for any illegal purpose or in violation of any local, state, national, or international law (e.g., you may not use your, our, or a third-party Internet connection or device on any of our Properties to illegally download or share files through BitTorrent, other peer-to-peer protocols, or otherwise);","l2":"Impersonate any individual or organization, or falsify or otherwise misrepresent yourself (including your age or date of birth) or your affiliation with any individual or organization;","l3":"Register for more than one Sonder account or Register on behalf of an individual other than yourself, except as expressly permitted under a Limited Use Agreement between you and us;","l4":"Use the Service or any Property for any commercial or other purpose that is not expressly permitted under this Agreement (for the avoidance of doubt, you may not resell or transfer to any other individual or organization any reservation or subscription you make or enter into with us, except as expressly permitted under a Limited Use Agreement between you and us), or make false, fraudulent, or speculative reservations or subscriptions;","l5":"Reproduce, distribute, publicly display, or publicly perform any aspect of the Service or make modifications to any aspect of the Service or any Property;","l6":"Bring into or onto any Property any illegal, dangerous or hazardous substance or item (including items that are likely to increase the risk of fire or explosion) or any firearms and other weapons (except those rightfully possessed by law enforcement officials or licensed security guards);","l7":"Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;","l8":"Use, display, mirror, or frame any aspect of the Service (including any layout or design of any webpage or form contained therein), our name, or any of our trademarks, logos, or other proprietary information, without our express written consent;","l9":"Copy, store, or otherwise access any information accessible through the Service or any Property for purposes not expressly permitted under this Agreement;","l10":"Use manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any web pages or other services contained in the Service or to otherwise collect information or interact with the Service;","l11":"Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, in one or more downloads, a collection, compilation, database, directory, or the like, whether by manual or automated methods;","l12":"Interfere or tamper with, circumvent, damage, or test the vulnerability of any aspect of the Service or Properties (including any physical item therein), whether by manual or automated methods, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing of email address information, or similar methods or technology;","l13":"Infringe, misappropriate, or violate the rights of any individual or organization, including their intellectual property rights (including rights to trade secrets and moral rights), or their privacy, publicity, confidentiality, contractual, property, or other rights;","l14":"Use the Service or any Property to transmit, distribute, post, or submit any information concerning any other individual or organization without such individual’s or organization’s permission, including photographs, personal contact information, or credit, debit, calling card, or other account numbers;","l15":"Engage in any conduct that: (i) would give rise to civil liability; (ii) is fraudulent, false, misleading, or deceptive; (iii) is defamatory, obscene, pornographic, vulgar, or offensive; (iv) promotes or constitutes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group or otherwise threatens or embarrasses any individual or group; (v) is violent or threatening or promotes violence or actions that are threatening to any other individual or organization; (vi) promotes illegal or harmful activities or substances; or (vii) is restricted or prohibited by or under any of our Additional Terms (defined in Section 18.5);","l16":"Perform any activity or create any condition in or on any Booked Property, Amenities, or Property that could create a nuisance, annoyance, or disturbance to any other residents or neighbors of surrounding properties.","l17":"Attempt to do any of the foregoing or assist or advocate, encourage, permit, or assist any third party in doing any of the foregoing.","overview":"\u003cstrong\u003eProhibited Conduct.\u003c/strong\u003e In addition to all other rules and restrictions contained in the Agreement (including in any Additional Terms such as any applicable Order Form, Confirmation, Membership Agreement, Extended Stay Agreement and/or House Rules), in connection with your use of the Service and Properties, you may not and you agree that you will not (except and solely to the extent such restriction is impermissible under applicable law):"},"l6":{"l1":"\u003cstrong\u003eSafety Features for STA/Hotel Reservations.\u003c/strong\u003e You acknowledge and agree that the Properties may contain certain safety features such as smoke detectors, fire alarms, or sound level monitoring units as may be required by law, you consent to our use of these safety features, and you agree not to interfere or tamper with these features (as prohibited under Section 7.5(12)). You agree to immediately report any problems or need for maintenance or repairs to us. We have a right to enter the STA/Hotel Property to check and maintain these safety features as provided by law. It is expressly understood that you must not, at any time, disable or remove any installed safety feature, and to do so shall be considered a material breach of this Agreement and will be just cause for termination of this Agreement and your removal from the Property.","l2":"\u003cstrong\u003eSafety Features for Extended Stay Reservations.\u003c/strong\u003e You acknowledge and agree that the Properties may contain certain safety features such as smoke detectors, fire alarms, or sound level monitoring units as may be required by law, you consent to our use of these safety features, you agree not to interfere or tamper with these features (as prohibited under Section 7.5(12)), and you shall be responsible for testing any such safety features (except any sound level monitoring units) weekly and immediately reporting any problems or need for maintenance or repairs to us. If battery operated, you are responsible for changing the (e.g., smoke detector’s or fire alarm’s) battery as necessary, or immediately reporting to us the need for assistance in changing such battery. We have a right to enter the Extended Stay Property to check and maintain these safety features as provided by law. It is expressly understood that you must not, at any time, disable or remove any installed safety feature, and to do so shall be considered a material breach of this Agreement and will be just cause for termination of this Agreement and your removal from the Property.","l3":"\u003cstrong\u003eSafety Features for Subscription Reservations.\u003c/strong\u003e You acknowledge and agree that the Properties may contain certain safety features such as smoke detectors, fire alarms, or sound level monitoring units as may be required by law, you consent to our use of these safety features, you agree not to interfere or tamper with these features (as prohibited under Section 7.5(12)), and you shall be responsible for testing any such safety features (except any sound level monitoring units) weekly and immediately reporting any problems or need for maintenance or repairs to us. If battery operated, you are responsible for changing the (e.g., smoke detector’s or fire alarm’s) battery as necessary, or immediately reporting to us the need for assistance in changing such battery. We have a right to enter the Subscription Property to check and maintain these safety features as provided by law. It is expressly understood that you must not, at any time, disable or remove any installed safety feature, and to do so shall be considered a material breach of this Agreement and will be just cause for termination of this Agreement and your removal from the Property.","l4":"\u003cstrong\u003eSecurity.\u003c/strong\u003e You acknowledge and agree that certain security measures may be provided by us in connection with the Properties. We reserve the right to commence, expand, reduce or discontinue any such security measures at any time without notice to you.","header":"\u003cstrong\u003eSafety Features.\u003c/strong\u003e"},"l7":"\u003cstrong\u003eDamaged Property.\u003c/strong\u003e You are responsible for leaving any Property including the Booked Property in the condition same was in when you arrived and for following all related Additional Terms applicable to your stay at a Booked Property. You acknowledge and agree that you are responsible for your, your Guests, and your and their pets’ own acts, omissions, negligence and willful misconduct. If we reasonably believe that you, Your Guests, or your or their pets have damaged a Booked Property or any Property or damaged or removed or stolen any physical item therein (\u003cstrong\u003e“Damaged Property”\u003c/strong\u003e), we will provide you with reasonable notice and evidence of such damage or suspected removal or theft and will give you two business days to respond to our claim. After this time period, we will be automatically entitled to charge the Applicable Payment Method for the full amount of any lost revenue that we incur as a result of the Damaged Property and the full amount of the greater of the costs and fees actually incurred by us or that we reasonably expect to incur for fixing or replacing the Damaged Property (which may include replacing damaged items with equivalent items) (\u003cstrong\u003e“Damaged Property Fee”\u003c/strong\u003e). Additionally, if you, Your Guests, or your or their pets have damaged a Booked Property or any Property or damaged or removed or stolen any physical item therein we may terminate this Agreement and remove you and any and all of Your Guests from the Booked Property and any Property. We reserve at all times the right to fix the Damaged Property in the manner of our choosing and to pursue in our sole discretion any and all avenues available to us to collect from you the Damaged Property Fee. For example, we may exercise the foregoing right by fixing the Damaged Property over an extended period of time, charging the Applicable Payment Method the sum total of the Damaged Property Fee up front or in installments, or by making one or more claims under your homeowner’s, renter’s, and/or other insurance policy, and you agree to cooperate with and assist us in good faith, and to provide us with such information as we may reasonably request in order to successfully make such claim.","l8":"\u003cstrong\u003eYour Personal Items.\u003c/strong\u003e We are not responsible for any of your property or personal items (collectively, \u003cstrong\u003e“Personal Items”\u003c/strong\u003e) either during the term of this Agreement or that you may leave in any of the Properties after the expiration or earlier termination of this Agreement. Prior to the expiration of the applicable Period of Occupancy, you must remove all of your Personal Items from all applicable Booked Properties and any Property. If you have not done so, and after using commercially reasonable efforts to provide you with reasonable notice, we will be entitled to remove, store, and/or dispose of any Personal Items remaining in any of our Properties in accordance with applicable law, and you waive any claims or demands regarding such Personal Items or our handling of them. You will be responsible for paying any fees reasonably incurred by us regarding such removal, storage, and/or disposal. We recommend that you consider obtaining renter’s insurance or personal property insurance to protect against any damage to or loss of your Personal Items.","l9":"\u003cstrong\u003eInvestigation and Prosecution.\u003c/strong\u003e We reserve at all times the right to investigate and prosecute any breach of any provision of this Agreement to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who breach any provision of this Agreement. You acknowledge that we have no obligation to monitor your access to or use of the Service or Properties but have the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body."}},"ownershipProprietaryRights":"\u003cstrong\u003eOwnership; Proprietary Rights.\u003c/strong\u003e The Service is owned and operated by us. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (\u003cstrong\u003e“Materials”\u003c/strong\u003e) provided by us are protected by intellectual property and other laws. All Materials included in the Service are our and/or our third-party licensors’ property. Except as expressly authorized by us, you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in this Agreement.","thirdPartyTerms":"\u003cstrong\u003eThird-Party Terms.\u003c/strong\u003e We may provide tools or features through the Service that enable you to interact with, including export information to, third-party websites or services, including through features that allow you to link your Sonder account with an account on a third-party website or service, such as Twitter, Facebook, or a third-party payment processor, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools or features, you agree that we may transfer such exported information to the applicable third-party website or service. Third-party websites and services are not under our control, and, to the fullest extent permitted by law, we are not responsible for any third-party service’s use of your exported information. You acknowledge and agree that such interactions with third-party websites or services may be governed by one or more third parties’ terms, conditions, and/or policies.","userContent":{"header":"\u003cstrong\u003eUser Content\u003c/strong\u003e","list":{"l1":"\u003cstrong\u003eUser Content Generally.\u003c/strong\u003e Certain features of the Service may permit users to submit content to the Service, including messages, reviews, ratings, and other types of works (\u003cstrong\u003e“User Content”\u003c/strong\u003e) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.","l2":"\u003cstrong\u003eRatings and Reviews.\u003c/strong\u003e Within a certain timeframe after completing a reservation, you and other users may provide us with a public review (\u003cstrong\u003e“Review”\u003c/strong\u003e) and/or rating (\u003cstrong\u003e“Rating”\u003c/strong\u003e) regarding your or such other user’s experience with the Service or at a Booked Property. Reviews and Ratings reflect the opinions of the individual or entity that leaves such Review or Rating, do not reflect our opinion, and may be incorrect or misleading. We may, but are not obliged to, verify any Reviews or Ratings for accuracy. You acknowledge and agree that if you provide a Review or Rating, such Review or Rating must be accurate, may not contain any offensive or defamatory language, may be surfaced anywhere (including publicly) on our Service or a third-party service as permitted by us, and constitute “User Content.”","l3":"\u003cstrong\u003eLimited License Grant to Us.\u003c/strong\u003e By providing User Content to or via the Service, you grant us an unrestricted, worldwide, perpetual, irrevocable, non-exclusive, freely transferable and sublicensable (including through multiple tiers), royalty-free, and fully-paid right and license to exploit the User Content, in whole or in part, in any manner (including in any language or any media formats and through any media channels now known or hereafter developed) and for any purpose with no obligation or accounting to you.","l4":{"l1":"you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize us and our sublicensees to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 10, in the manner contemplated by us, the Service, and this Agreement;","l2":"your User Content, and the use of your User Content as contemplated by this Agreement, does not and will not: (i) infringe, violate, or misappropriate any third party’s right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other individual or organization; or (iii) cause us to violate any law, rule, or regulation; and","l3":"your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.","header":"\u003cstrong\u003eUser Content Representations and Warranties.\u003c/strong\u003e We disclaim any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:"},"l5":"\u003cstrong\u003eUser Content Disclaimer.\u003c/strong\u003e We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. We may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates this Agreement or is otherwise objectionable. You understand that when using the Service you may be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, we do not permit copyright-infringing activities on the Service.","l6":"\u003cstrong\u003eMonitoring Content.\u003c/strong\u003e We do not control and do not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that we reserve the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time we choose to monitor the content, we still assume no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (if applicable)."}},"dmca":{"header":"\u003cstrong\u003eDigital Millennium Copyright Act.\u003c/strong\u003e","list":{"l1":{"l1":"an electronic or physical signature of the individual authorized to act on behalf of the owner of the copyright or other right being infringed;","l2":"a description of the copyrighted work or other intellectual property that you claim has been infringed;","l3":"a description of the material that you claim is infringing and where it is located on the Service;","l4":"your address, telephone number, and email address;","l5":"a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and","l6":"a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.","overview":"\u003cstrong\u003eDMCA Notification.\u003c/strong\u003e We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:\u003cbr\u003e\u003cbr\u003eSonder Technology Inc.\u003cbr\u003eATTN: Office of the General Counsel (Copyright Notification).\u003cbr\u003e101 15th Street, San Francisco, CA 94103.\u003cbr\u003eEmail: \u003c0\u003ecopyright@sonder.com\u003c/0\u003e\u003cbr\u003e\u003cbr\u003eAny notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:","overviewLink":"copyright@sonder.com"},"l2":"\u003cstrong\u003eRepeat Infringers.\u003c/strong\u003e We will promptly disable and/or terminate your account if we determine that you are a repeat infringer. We may also terminate any and all agreements we have with, and remove from the applicable Properties, you and any of Your Guests if we determine that you are a repeat infringer."}},"modification":"\u003cstrong\u003eModification of this Agreement.\u003c/strong\u003e We reserve the right to change this Agreement (including any of the Additional Terms in accordance with those agreements and applicable law) on a going-forward basis at any time. Please check this Agreement periodically for changes. If a change to this Agreement materially modifies your rights or obligations, we may require that you accept the modified Agreement in order to continue to use the Service or any Properties. Material modifications are effective upon your acceptance of the modified Agreement and we will provide you with reasonable notice prior to such changes taking effect. Please discontinue using the Service and any Property if you do not agree to these changes. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 12, this Agreement may be amended only by a written agreement signed by authorized representatives of the parties to this Agreement. Disputes arising under this Agreement will be resolved in accordance with the version of this Agreement that was in effect at the time the dispute arose.","termTermination":{"header":"\u003cstrong\u003eTerm, Termination and Modification of the Service.\u003c/strong\u003e","list":{"l1":{"l1":"\u003cstrong\u003eTerm for STA/Hotel Reservations.\u003c/strong\u003e This Agreement as applicable to STA/Hotel Reservations and related Services and Properties is effective beginning when you accept it, or first download, install, or otherwise access or use the Service or Properties for STA/Hotel Reservations, and its term ends when the Agreement is terminated as described in Section 13.2.","l2":"\u003cstrong\u003eTerm for Extended Stay Reservations.\u003c/strong\u003e This Agreement as applicable to Extended Stay Reservations and related Services and Properties is effective beginning when you accept it, when you enter into an Extended Stay Agreement with us that incorporates this Terms of Service by reference, or when you first download, install, or otherwise access or use the Service or Properties for Extended Stay Reservations, and its term shall end in accordance with Section 13.2. The term and termination of any reservation (and the attendant right to use any Extended Stay Property) shall be as set forth in the applicable Extended Stay Agreement or Confirmation.","l3":"\u003cstrong\u003eTerm for Subscription Reservations.\u003c/strong\u003e This Agreement as applicable to Subscription Reservations and related Services and Properties is effective beginning when you accept it, when you enter into a Membership Agreement with us that incorporates this Terms of Service by reference, or when you first download, install, or otherwise access or use the Service or Properties for Subscription Reservations, and its term shall end in accordance with Section 13.2. The term and termination of any subscription (and the attendant right to use any Subscription Property) shall be as set forth in the applicable Membership Agreement.","header":"\u003cstrong\u003eTerm.\u003c/strong\u003e"},"l2":{"l1":"\u003cstrong\u003eTermination by You for STA/Hotel Reservations.\u003c/strong\u003e You may terminate your account and this Agreement as applicable to STA/Hotel Reservations at any time by contacting customer service at \u003c0\u003ereservations@sonder.com\u003c/0\u003e and requesting that your account be deleted.","l1Link":"reservations@sonder.com","l2":"\u003cstrong\u003eTermination by You for Extended Stay Reservations.\u003c/strong\u003e You may terminate your account and this Agreement as applicable to Extended Stay Reservations only if and as expressly permitted in the applicable Extended Stay Agreement or Confirmation.","l3":"\u003cstrong\u003eTermination by You for Subscription Reservations.\u003c/strong\u003e You may terminate your account and this Agreement as applicable to Subscription Reservations only if and as expressly permitted in the applicable Membership Agreement.","overview":"\u003cstrong\u003eTermination.\u003c/strong\u003e To the maximum extent permitted by applicable law, if you violate any provision of this Agreement or if Sonder’s lease of, or right to use, any Property terminates or expires for any reason, all of our licenses to you, any permission to use any Property, (including any Booked Property), the Period of Occupancy, and this Agreement (which includes any still active Order Forms) automatically terminate without notice to you and, in addition to the remedies in Section 13.3, we reserve all rights and remedies available to us at law and equity including, without limitation, the right to remove you and Your Guests from any Property. In addition, we may, in our sole discretion, subject to compliance with all applicable law, terminate this Agreement or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice."},"l3":"\u003cstrong\u003eEffect of Termination.\u003c/strong\u003e Upon termination of this Agreement: (a) all of our applicable licenses to you, any permission or right to use the applicable Properties hereunder, and all applicable Periods of Occupancy automatically terminate and you must immediately cease all use of the applicable Service and, subject to applicable law, the applicable Properties; (b) you will no longer be authorized to access your account or the applicable Service or, subject to applicable law, any applicable Properties; (c) you must pay us any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5, 6.3, 7, 8, 9, 10, 13.3, 14, 15, 16, 17, and 18 will survive.","l4":{"l1":"\u003cstrong\u003eModification of the Service for STA/Hotel Reservations.\u003c/strong\u003e We reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service such as any of our product or Property offerings), temporarily or permanently, without notice to you. We will have no liability for any such change to or discontinuation of the Service.","l2":"\u003cstrong\u003eModification of the Service for Extended Stay Reservations.\u003c/strong\u003e We reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service such as any of our product or Property offerings, but not the Extended Stay Property during the Extended Stay Period of Occupancy except as expressly permitted in the Extended Stay Agreement or Confirmation), temporarily or permanently, without notice to you. We will have no liability for any such change to or discontinuation of the Service.","l3":"\u003cstrong\u003eModification of the Service for Subscription Reservations.\u003c/strong\u003e We reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service such as any of our product or Property offerings, but not the Subscription Property during the Subscription Period of Occupancy except as expressly permitted in the Membership Agreement), temporarily or permanently, without notice to you. We will have no liability for any such change to or discontinuation of the Service.","header":"\u003cstrong\u003eModification of the Service.\u003c/strong\u003e"}}},"indemnity":"\u003cstrong\u003eIndemnity.\u003c/strong\u003e To the fullest extent permitted by law, you are responsible for your use of the Service and Properties, and you will defend and indemnify us and our officers, directors, employees, contractors, consultants, affiliates, subsidiaries, agents, and Landlords (and their property managers, service providers, and agents) (individually a “Sonder Entity” and collectively the “Sonder Entities”) from and against every claim brought by a third party, and any related liability, direct or indirect damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your, Your Guests’, and/or your or their pets’ use of, or misuse of, the Service or your, Your Guests’, and/or your or their pets’ use, occupation, or misuse of the Properties; (b) your or Your Guests’ breach or violation of any portion of this Agreement, any representation, warranty, or agreement referenced in this Agreement, or any applicable law, rule, or regulation (including those put in place by Landlords from time to time); (c) your or Your Guests’ infringement, misappropriation, or violation of any third party’s right, including any intellectual property rights (including rights to trade secrets and moral rights), or any privacy, publicity, confidentiality, contractual, property, or other rights; (d) any dispute or issue between you and/or Your Guests and any third party; or (e) any injury, death, or damages sustained by any individual or entity, or to the property of the same (including any pets), where such injury, death, or damage is caused by your, Your Guests’, or your or their pets’ acts or omissions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.","disclaimers":{"l1":"THE SERVICE, PROPERTIES, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE AND PROPERTIES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, PROPERTIES, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE AND PROPERTIES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.","l2":"WE DO NOT WARRANT THAT THE SERVICE, PROPERTIES, MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE AND PROPERTIES, OR ANY PORTION OF ANY OF THE FOREGOING WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND WE DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.","l3":"WE DO NOT MAKE ANY WARRANTY REGARDING THE QUALITY OF ANY ASPECT OF THE SERVICE, PROPERTIES, OR MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE OR PROPERTIES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE FOREGOING.","l4":"YOU UNDERSTAND AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OF ANY THIRD PARTY (INCLUDING PETS) OR ANY CONDITION OR CIRCUMSTANCE (E.G., CONSTRUCTION) OUTSIDE A PROPERTY. FOR THE AVOIDANCE OF DOUBT, YOU UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY AND ALL CLAIMS RESULTING FROM THE MISCONDUCT OF ANY LANDLORD, PROPERTY OWNER, PROPERTY MANAGER, OTHER GUEST OR RESIDENT AND THAT SUCH CLAIMS ARE TO BE BROUGHT AGAINST SUCH LANDLORD, PROPERTY OWNER, PROPERTY MANAGER, OTHER GUEST OR RESIDENT DIRECTLY.","l5":"OTHER THAN AS SET OUT IN SECTION 16 BELOW, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE, PROPERTIES, ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE OR PROPERTIES, OR ANY SONDER ENTITIES WILL CREATE ANY WARRANTY REGARDING ANY OF THE FOREGOING THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. OTHER THAN AS SET OUT IN SECTION 16 BELOW, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE, PROPERTIES, OR ANY OTHER USER, OR ANY GUESTS, INVITEES, OR PETS, OF THE SAME. YOU UNDERSTAND AND AGREE THAT YOU USE ANY ASPECT OF THE SERVICE AND PROPERTIES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR ANY PHYSICAL BELONGINGS USED IN CONNECTION WITH YOUR USE OF THE SERVICE OR PROPERTIES) OR ANY LOSS OF DATA, INCLUDING USER CONTENT, OR ANY LOSS, DAMAGE, OR THEFT OF ANY OF YOUR PROPERTY OR THE PROPERTY OF YOUR GUESTS OR OTHERS KEPT OR STORED IN OR ABOUT THE PROPERTIES OR ANY PERSONAL INJURY OR DEATH OR PET INJURY OR DEATH.","l6":"WE DO NOT CONTROL ANY FEES THAT MAY BE CHARGED TO YOU BY ANY THIRD PARTY RELATING TO ON-SITE SERVICES OR OUR COLLECTION OF ANY FEES THAT YOU OWE US UNDER THIS AGREEMENT, AND WE DISCLAIM ALL LIABILITY IN CONNECTION WITH THE FOREGOING.","l7":"WE MAY USE THE SERVICES OF A REAL ESTATE BROKER, AGENT, REFERRAL SERVICE OR SIMILAR PARTY (THE “BROKER”). YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE BROKER SOLELY REPRESENTS SONDER AND HAS NO OBLIGATION OR DUTY TO YOU, EXCEPT AS REQUIRED BY LAW AND UNLESS OTHERWISE AGREED IN WRITING BY YOU AND SONDER. IN EITHER CIRCUMSTANCE, YOU HAVE THE SOLE OBLIGATION TO PROTECT YOUR INTERESTS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE BROKER SHALL HAVE NO EXPRESS OR IMPLIED RIGHT OR AUTHORITY TO CREATE ANY OBLIGATION ON BEHALF OF SONDER OR BIND SONDER TO ANY CONTRACT, AGREEMENT OR UNDERTAKING. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BROKER WILL CREATE ANY OBLIGATION, REPRESENTATION OR WARRANTY BY SONDER.","l8":"THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT WE ARE PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.","l9":"“WE”, AS USED IN THIS SECTION 15, REFERS TO US AS WELL AS THE APPLICABLE LANDLORD(S), PROPERTY OWNER(S), AND PROPERTY MANAGER(S).","header":"\u003cstrong\u003eDisclaimers; No Warranties.\u003c/strong\u003e"},"limitationOfLiability":{"l1":"TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY SONDER ENTITY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REPUTATION, GOODWILL, INCOME, SALES, REVENUE, BUSINESS, ANTICIPATED SAVINGS, OR DATA, OR FOR BUSINESS INTERRUPTION, WASTED MANAGEMENT OR OFFICE TIME, OR ANY OTHER INTANGIBLE LOSS.","l2":"TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY SONDER ENTITY BE LIABLE TO YOU FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE, ON-SITE SERVICES, PROPERTIES, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE OR PROPERTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SONDER ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. ANY USE OF THE SERVICE, ON-SITE SERVICES, PROPERTIES, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE OR PROPERTIES IS AT YOUR AND YOUR GUESTS’ OWN RISK AND YOU AND YOUR GUESTS RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ANY SONDER ENTITIES IN CONNECTION WITH ANY SUCH USE.","l3":"WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. IN THE UK AND THE EU, THIS INCLUDES LIABILITY: FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS; FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OR FOR BREACH OF OUR OBLIGATION TO PERFORM THE SERVICE WITH REASONABLE CARE AND SKILL OR FAILURE TO PERFORM THE SERVICE IN ACCORDANCE WITH INFORMATION PROVIDED BY US TO YOU ABOUT US OR THE SERVICE.","l4":"EXCEPT AS PROVIDED IN SECTION 17.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE SONDER ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE, PROPERTIES, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE OR PROPERTIES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO US FOR ACCESS TO AND USE OF THE SERVICE AND PROPERTIES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM; OR (B) $100; UNLESS THE UK HOTEL PROPRIETORS ’ ACT 1956 APPLIES, IN WHICH CASE OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM PRESCRIBED UNDER THAT ACT.","l5":"EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS AGREEMENT. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.","header":"\u003cstrong\u003eLimitation of Liability\u003c/strong\u003e"},"disputeResolution":{"l1":"\u003cstrong\u003eApplication of this Section 17.\u003c/strong\u003e This Section 17 shall only apply if your country of residence is outside of the UK and the EU.","l2":"\u003cstrong\u003eGenerally.\u003c/strong\u003e In the interest of resolving disputes between you and Sonder in the most expedient and cost effective manner you and Sonder agree that, except as described in Section 17.3, every dispute arising in connection with this Agreement will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SONDER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.","l3":"\u003cstrong\u003eExceptions.\u003c/strong\u003e Despite the provisions of Section 17.2, nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.","l4":"\u003cstrong\u003eArbitrator.\u003c/strong\u003e Any arbitration between you and Sonder will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (\u003cstrong\u003e“AAA”\u003c/strong\u003e) under its Consumer Arbitration Rules (collectively, \u003cstrong\u003e“AAA Rules”\u003c/strong\u003e) as modified by this Agreement. The AAA Rules and filing forms are available online at \u003c0\u003ewww.adr.org\u003c/0\u003e, by calling the AAA at \u003c1\u003e1-800-778-7879\u003c/1\u003e, or by contacting Sonder. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.","l4Link":{"link1":"www.adr.org","link2":"1-800-778-7879"},"l5":"\u003cstrong\u003eNotice of Arbitration; Process.\u003c/strong\u003e A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by email (\u003cstrong\u003e“Notice of Arbitration”\u003c/strong\u003e). Sonder’s address for Notice is: Sonder Holdings Inc., 101 15th Street, San Francisco, CA 94103, Attention: Office of the General Counsel. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (\u003cstrong\u003e“Demand”\u003c/strong\u003e). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Sonder may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Sonder must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Sonder in settlement of the dispute prior to the award, Sonder will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.","l6":"\u003cstrong\u003eFees.\u003c/strong\u003e If you commence arbitration in accordance with this Agreement, Sonder will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in the County of San Francisco, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Sonder for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.","l7":"\u003cstrong\u003eNo Class Actions.\u003c/strong\u003e YOU AND SONDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Sonder agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.","l8":{"l1":"\u003cstrong\u003eModifications to this Arbitration Provision for STA/Hotel Reservations.\u003c/strong\u003e If Sonder makes any future change to this arbitration provision, other than a change to Sonder’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Sonder’s address for Notice of Arbitration, in which case your account with Sonder and this Agreement will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.","l2":"\u003cstrong\u003eModifications to this Arbitration Provision for Extended Stay Reservations.\u003c/strong\u003e If Sonder makes any future change to this arbitration provision, other than a change to Sonder’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Sonder’s address for Notice of Arbitration, in which case your account with Sonder will be immediately terminated (but this Agreement as applicable to Extended Stay Reservations, including any applicable Extended Stay Agreement, will not terminate except in accordance with such Extended Stay Agreement) and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.","l3":"\u003cstrong\u003eModifications to this Arbitration Provision for Subscription Reservations.\u003c/strong\u003e If Sonder makes any future change to this arbitration provision, other than a change to Sonder’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Sonder’s address for Notice of Arbitration, in which case your account with Sonder will be immediately terminated (but this Agreement as applicable to Subscription Reservations, including any applicable Membership Agreement, will not terminate except in accordance with such Membership Agreement) and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.","header":"\u003cstrong\u003eModifications to this Arbitration Provision.\u003c/strong\u003e"},"l9":"\u003cstrong\u003eEnforceability.\u003c/strong\u003e If any portion of this Section 17 is found to be unenforceable, then the entirety of this Section 17 (except this Section 17.9) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Sections 18.2 or 18.3, or in any Order Form, as applicable, will govern any action arising out of or related to this Agreement.","header":"\u003cstrong\u003eDispute Resolution and Arbitration.\u003c/strong\u003e"},"misc":{"l1":"\u003cstrong\u003eGeneral Terms.\u003c/strong\u003e This Agreement, together with the Privacy Policy (if applicable) and any other agreements expressly incorporated by reference into this Agreement, is the entire and exclusive understanding and agreement between you and Sonder regarding your use of the Service and Properties, and supersedes any previous marketing information, representations or agreements of any kind or nature between the parties relating to the subject matter hereof and whether recorded in writing, or otherwise. You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent, which may be withheld if, for example, we reasonably determine that the potential assignee or transferee is, or is likely to be, a competitor of us, or appears unwilling to or incapable of strictly complying with this Agreement. We may assign or transfer this Agreement, in whole or in part, at any time without notice or consent. The failure to require performance of any provision of this Agreement will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of this Agreement, or any provision of this Agreement, be a waiver of any subsequent breach or default or a waiver of the provision itself. The waiver by us of any provision of the Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other provision of the Agreement, nor will any custom or practice which may develop between the parties be construed to waive or to lessen our right to insist upon your performance of all the provisions of the Agreement, or support a claim of detrimental reliance by you. The specification in the Agreement of certain acts or omissions as bases for removing you from any Property shall not be construed as limiting our rights to remove you for any other reason allowed by applicable law. Our acceptance of a partial payment of any fees or other amounts owed to us pursuant to this Agreement will not constitute a waiver of our right to the full amount due, nor will our acceptance of fees or other amounts owed to us pursuant to this Agreement paid late ever constitute a waiver of our right to terminate this Agreement and remove you from any Property for such habitual late payment. Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of any provision. Nothing in this Agreement will affect your statutory rights as a consumer. Throughout this Agreement the use of the word “including” means “including but not limited to”. If any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.","l2":"\u003cstrong\u003eGoverning Law and Jurisdiction for Users Outside the UK and EU.\u003c/strong\u003e This Agreement is governed by the laws of the State of California without regard to conflict of law principles. You and Sonder submit to the personal and exclusive jurisdiction of the state and federal courts located within the County of San Francisco, California for resolution of any lawsuit or court proceeding permitted under this Agreement. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.","l3":"\u003cstrong\u003eGoverning Law and Jurisdiction for Users In the UK or EU.\u003c/strong\u003e This Agreement is governed by the laws of England and Wales. The courts of England and Wales will have non-exclusive jurisdiction for resolution of any lawsuit or court proceeding permitted under this Agreement, which means that as a consumer you may only bring any lawsuit or court proceedings against us in a court in your country of residence or the courts of England and Wales. If Sonder wishes to enforce any of its rights against you, we may do so only in the courts of your country of residence. In addition, please note that disputes may be submitted for online resolution to the \u003c0\u003eEuropean Commission Online Dispute Resolution\u003c/0\u003e platform.","l3Link":"European Commission Online Dispute Resolution","l4":"\u003cstrong\u003eThird Party Rights.\u003c/strong\u003e This Agreement is between you and us. Except where otherwise provided for in this Agreement or in a Limited Use Agreement, no other person shall have any rights to enforce any of its terms, whether under the UK Contract (Rights of Third Parties Act) 1999 or otherwise.","l5":"\u003cstrong\u003eAdditional Terms.\u003c/strong\u003e Your use of the Service and Properties is subject to all additional terms, policies, rules, guidelines, or instructions applicable to the Service or Properties or certain features of the Service or Properties that we may post on, link to from, or provide you with in writing (e.g., by email, text message, or posted at or provided in the applicable Property) including through the Service or applicable Property, including any Order Forms (and all exhibits, attachments, and addenda thereto), Confirmations and House Rules available at \u003c0\u003ehttps://www.sonder.com/house-rules\u003c/0\u003e (the \u003cstrong\u003e“Additional Terms”\u003c/strong\u003e). All Additional Terms are incorporated by this reference into, and made a part of, this Agreement.","l5Link":"https://www.sonder.com/house-rules","l6":"\u003cstrong\u003ePrivacy Policy.\u003c/strong\u003e If you are based outside the UK and EU, Your use of the Service and Properties is also subject to our Privacy Policy that we post on our website, as it may be updated from time to time (our \u003cstrong\u003e\u003c0\u003e“Privacy Policy”\u003c/0\u003e\u003c/strong\u003e). Please read our Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. By accepting this Agreement, you agree to the sharing of your personal information in compliance with the Privacy Policy and all applicable law, for the purpose of and in connection with providing the Services to you.","l6Link":"“Privacy Policy”","l7":"\u003cstrong\u003eConsent to Electronic Communications.\u003c/strong\u003e By using the Service and Properties, you acknowledge that the Service includes certain electronic communications from us such as SMS text communications and as further described in our \u003c0\u003e“Privacy Policy”\u003c/0\u003e (if applicable) and you consent to receiving such electronic communications. Please read our \u003c0\u003e“Privacy Policy”\u003c/0\u003e to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. Sonder provides concierge support and other services for our guests via SMS on an opt in basis. For more information click \u003c1\u003ehere.\u003c/1\u003e","l7Link":{"link1":"“Privacy Policy”","link2":"here"},"l8":"\u003cstrong\u003eContact Information.\u003c/strong\u003e You may contact us at 101 15th Street, San Francisco, CA 94103, Attention: Office of the General Counsel. If you have a question or complaint, you may contact us by sending correspondence to that address or by contacting us at the contact information located at \u003c0\u003ehttps://www.sonder.com/help\u003c/0\u003e. You can access a printable version of these Terms of Service by clicking \u003c1\u003ehere\u003c/1\u003e.","l8Link":{"link1":"https://www.sonder.com/help","link2":"here"},"l9":"\u003cstrong\u003eNotice to California Residents.\u003c/strong\u003e If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or Properties, or to receive further information regarding use of the Service or Properties.","l10":"\u003cstrong\u003eNo Support.\u003c/strong\u003e We are under no obligation to provide support for the Service or Properties. In instances where we may offer support, the support will be subject to published policies.","l11":"\u003cstrong\u003eForce Majeure.\u003c/strong\u003e We will not be liable to you or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control including but not limited to severe weather, power, or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war, civil unrest, or other similar events of “force majeure”.","l12":"\u003cstrong\u003eAttorneys’ Fees and Expenses.\u003c/strong\u003e If we are required to engage legal counsel to enforce the conditions of this Agreement, to collect any amounts due, to remove you or your belongings from a Property, you shall be responsible for all lawyers’ fees and expenses incurred in connection with the foregoing.","l13":"\u003cstrong\u003eInternational Use.\u003c/strong\u003e The Service and Properties are intended for visitors located within the United States, Canada, Mexico, United Arab Emirates, European Union and United Kingdom. We make no representation that the Service is appropriate or available for use outside of these countries or territories. Access to the Service or Properties from or in countries or territories or by individuals where or for whom such access is illegal is prohibited.","header":"\u003cstrong\u003eMiscellaneous.\u003c/strong\u003e"},"apple":"\u003cstrong\u003eNotice Regarding Apple.\u003c/strong\u003e This Section 19 applies only to the extent you are using our mobile application on an Apple-branded product (our \u003cstrong\u003e“App”\u003c/strong\u003e). You acknowledge that this Agreement is between you and Sonder only, not with Apple Inc. (\u003cstrong\u003e“Apple”\u003c/strong\u003e), and Apple is not responsible for the Service or the content thereof. The license granted to you in Section 6.1 of this Agreement with respect to our App is limited to your use of such App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and/or discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “ terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties."},"leasingBylaws":{"header":"Leasing Bylaws","lastUpdated":"Last updated: December 3, 2021","items":{"l1":"Any modifications to the furniture, equipment, decorative accessories, appliances or dwelling must first be given by Sonder.","l2":"The tenants are jointly and severally responsible for the payment of the rent.","l3":"The tenants agree to fill in a pre-authorised debit form, meaning that rent collection will be made automatically by debiting the tenant’s bank accounts directly. This form is signed on the first day of thelease. $50 will be charged for insufficient funds, plus $10 per day until the rent is paid in full.","l4":"Each tenant must have a guarantor for the lease. For the leasing process to be completed, the guarantor must fill out, sign and send to Flatbook Corp. the Guarantor Agreement Form.","l5":"The furniture, equipment, appliances, decorative accessories and the dwelling must be kept in good order. Any damages, losses, or stolen pieces must be paid by the tenant at replacement or repair cost.","l6":"A deposit equal to one month’s rent is due upon the first day of the lease as a damage deposit for the furniture and equipment. The deposit will be returned to the tenants no later than one week after the end of the lease.","l7":"The tenants are strongly encouraged to obtain insurance to cover their liability in the case of damage to the apartment, furniture, equipment, decorative objects, appliances and fixtures.","l8":"The tenants agree to vacate the unit at the date of termination of the lease. This by-law constitutes their notice to vacate.","l9":"Sonder has a large inventory of properties available during the summer. Provided that the tenants wish to remain in the city for the summer and if this unit cannot be rented to them then, Sonder will find comparable accommodation for the same price or less for the duration of the summer at no cost to the tenants.","l10":"Sonder is authorized to schedule one photo shoot of the unit for promotional purposes, for which the tenants will be advised in advance. Such photo shoot may require the moving of some of the tenants’belongings for the purposes of staging the apartment."}},"biometricsPolicy":{"header":"Sonder Biometric Data Privacy Notice","lastUpdated":"Last updated: October 29, 2024","whyReceive":{"header":"Why are you receiving this notice?","bodyA":"This biometric privacy notice explains how Sonder Holdings Inc. (including its subsidiaries and affiliates, \u003cstrong\u003e“Sonder”\u003c/strong\u003e) collects, uses, shares, retains, and destroys your Biometric Data when you use our services. \u003cstrong\u003e“Biometric Data”\u003c/strong\u003e includes: (i) \u003cstrong\u003e“Biometric Identifiers,”\u003c/strong\u003e which are data generated by measurements of your biological characteristics, such as your retina or iris scan, fingerprint, voiceprint, or a scan of your hand or face geometry; and (ii) \u003cstrong\u003e“Biometric Information,”\u003c/strong\u003e which is information based on a Biometric Identifier that can be used to identify you.","bodyB":"Please review this notice carefully. By agreeing to our collection of your Biometric Data, you consent to the collection, use, sharing, and retention of your Biometric Data as described in this notice"},"whatType":{"header":"What type of Biometric Data do we collect?","list":{"a":"Face geometry."}},"whyCollect":{"header":"Why do we collect it?","list":{"a":"We may require our guests to provide a government-issued ID prior to checking in to ensure their safety and the safety of others and to prevent fraud.","b":"In certain jurisdictions we are also required to collect a photo of a government-issued ID to comply with rules applicable to hospitality service providers."}},"howCollect":{"header":"How do we collect it?","list":{"a":"With your consent, we use a third-party service provider, such as Persona or Chekin, to capture a photo of your ID and your face. The service provider then compares the face geometry extracted from the photos of your ID and your face to securely verify your identity."}},"howUse":{"header":"How do we use and share it?","list":{"a":"Our third-party service providers collect your Biometric Data to verify your identity.","b":"Our third-party service providers do not use your Biometric Data for any purpose other than to verify your identity.","c":"Our service providers do not share your Biometric Data with us or with any other third party. We can view a copy of the photographs of your ID and your face to help process your check-in and comply with our legal recordkeeping requirements, but we do not receive your Biometric Data."}},"howLong":{"header":"How long do we retain your Biometric Data?","list":{"a":"Sonder can view a copy of your ID and selfie to help process your check-in and comply with our legal recordkeeping requirements, but we do not receive your Biometric Data.","b":"Our service provider, Persona, deletes your Biometric Data promptly after your ID has been verified.","c":"Our service provider, Chekin, deletes your Biometric Data two weeks after your ID has been verified."}},"whatHappens":{"header":"What happens to your Biometric Data at the end of the retention period?","list":{"a":"Our service providers permanently erase your Biometric Data at the end of the retention period described above such that it cannot be recovered or reconstructed."}},"additionalDisclosure":{"header":"Additional Privacy Disclosures and Your Rights","body":"For more information about how we collect, use, and share your personal information, as well as your rights and choices concerning our data practices, please review our Privacy Policy available at \u003c0\u003ehttps://www.sonder.com/privacy-policy\u003c/0\u003e.","bodyLink":"https://www.sonder.com/privacy-policy"}},"vdProgram":{"header":"Vulnerability Disclosure Program","purpose":{"header":"1. PURPOSE","body":"At Sonder, one of our founding principles is to “Improve Continuously” which directly translates into our information security program enabling the protection of our guests and customer data as a top priority.\u003cbr\u003e\u003cbr\u003eThe Sonder Security Team acknowledges the valuable role that honest, independent security researchers and bug reporters play in the overall security of connected systems. As a result, we encourage the responsible reporting of any vulnerability that may be present in our guest properties, mobile application, or company website and services. Sonder is committed to working with security researchers to verify and address potential vulnerabilities that are reported to us.\u003cbr\u003e\u003cbr\u003ePlease review these terms before you test and/or report a vulnerability to Sonder. We will provide a safe harbor to security researchers as long as they adhere to this policy and are acting in good faith."},"ifGuest":{"header":"If You Are a Current Customer/Guest","body":"If you feel your account may have been compromised, or if you suspect fraudulent behavior, do not hesitate to contact the Sonder support team at \u003c0\u003ehttps://www.sonder.com/help\u003c/0\u003e.","link":["https://www.sonder.com/help"]},"testingEnv":{"header":"Testing Environments","body":"All possible measures should be taken to avoid production systems and active guest units when performing vulnerability testing to ensure the safety of our guests. Any active and/or occupied guest units are strictly off-limits from vulnerability and penetration testing activities."},"reportingASecurityVulnerability":{"header":"Reporting a Security Vulnerability","body":"Please share details of the suspected vulnerability with the Sonder Security Team by sending an email to \u003c0\u003esecurity@sonder.com\u003c/0\u003e. You can use our \u003c1\u003ePGP Key\u003c/1\u003e to encrypt the email.\u003cbr\u003e\u003cbr\u003e\u003cstrong\u003ePGP Fingerprint\u003c/strong\u003e: ABA7 E6FE 70A1 58E3 97E7 ECE9 7441 6D99 D6B3 BA52\u003cbr\u003e\u003cbr\u003eSharing of vulnerability details outside of our formal reporting process is not permitted and will not result in acceptance by Sonder of your vulnerability report.","link":["security@sonder.com","PGP Key"]},"policy":{"header":"Policy","body":"We will investigate all legitimate reports and make every effort to quickly correct any vulnerability. We ask in return that you:","list":["Provide details of the vulnerability, including information needed to reproduce and validate the vulnerability and a Proof of Concept (POC)","Make a good faith effort to avoid privacy violations, destruction of data, and interruption or degradation of our services","Give the Sonder Security Team a reasonable time to correct the issue before making any information public"]},"programRules":{"header":"Program Rules","body":"Sonder encourages the responsible and ethical discovery and reporting of vulnerabilities. The following conduct is \u003cu\u003eexpressly prohibited:\u003c/u\u003e","list":["When experimenting, please only attack test accounts you control. A PoC unnecessarily involving accounts of other guests or Sonder employees may be disqualified. It’s also best practice to tell us the accounts you are using for testing even when they are under your control;","Do not run automated scans without checking with us first;","Do not test the physical security of Sonder offices, employees, equipment, partners, vendors, or contractors;","Do not test using social engineering techniques (phishing, spear-phishing, pretexting, etc.);","Do not perform DoS or DDoS attacks. You are welcome and encouraged to look for vulnerabilities that can be leveraged for DoS or DDoS attacks, we just don’t want you actually exploiting the issue outside of a tightly controlled environment;","Do not, in any way, attack our end users/guests or engage in the trade of stolen user credentials;","Do not access, or attempt to access, data, information, or physical building units that do not belong to you;","Do not conduct vulnerability or penetration testing of occupied Sonder guest units, hotel rooms or buildings;","Do not violate any applicable law or breach any agreements in order to discover vulnerabilities, or otherwise utilizing unethical means to gain access and/or information;","Automated findings without proper manual validation are not accepted;","Only the first reporter is eligible for receiving a reward (refer to the Recognition and Rewards section below)."]},"inScopeOutOfScopeTargets":{"header":"In Scope \u0026 Out of Scope Targets","body":"All parts of our applications and services available to customers/guests are in scope and are our primary interest. Please have a look below for in scope targets.\u003cbr\u003e\u003cbr\u003eSonder uses a number of third-party providers and services. Our disclosure program does not give you permission to perform security testing on their systems. Vulnerabilities in third-party systems will be assessed on a case-by-case basis, and most likely will not be eligible for a reward. The following third-party systems are excluded:","list":["Direct attacks against any part of AWS’s infrastructure","Cloudflare","Okta"]},"nonQualifyingVulnerabilities":{"header":"Non-Qualifying Vulnerabilities","body":"\u003cstrong\u003eLow severity, purely theoretical and best-practice issues do not qualify for submission.\u003c/strong\u003e Here are some examples:","list":["Descriptive error messages (\u003ci\u003ee.g.\u003c/i\u003e, Stack Traces, application or server errors)","Theoretical sub-domain takeovers with no supporting evidence","HTTP 404 codes/pages or other HTTP non-200 codes/pages","Information leakage, fingerprinting/banner disclosure on common/public services","Disclosure of known public files or directories, (\u003ci\u003ee.g.\u003c/i\u003e, robots.txt)","Clickjacking on a public page and issues only exploitable through clickjacking","CSRF on forms that are available to anonymous users (\u003ci\u003ee.g.\u003c/i\u003e, the contact form)","Logout Cross-Site Request Forgery (logout CSRF)","Presence of application or web browser 'autocomplete' or 'save password' functionality","Lack of Secure/HTTPOnly flags on non-sensitive Cookies","Cookies without proper expiration","Weak Captcha/Captcha Bypass","Forgot Password page brute force and account lockout not enforced","OPTIONS HTTP method enabled","Reflected file downloads","Missing Cache-control","Host Header Attack","Directory Listing","Missing HTTP security headers, (specifically \u003c0\u003eOWASP list of useful HTTP headers\u003c/0\u003e)","SSL Issues (BEAST, BREACH, Renegotiation attack, Forward secrecy not enabled, weak ciphers)","Not performing rate limiting on non-login endpoints","Content spoofing","HPKP/HSTS preloading","Generic examples of Host header attacks without evidence of the ability to target a remote victim","Reports exploiting the behavior of, or vulnerabilities in, outdated browsers","SPF, DKIM, or DMARC settings \u0026 Email Spoofing","Mixed Content Scripting \u0026 Self XSS","EXIF Geolocation data","Open WordPress JSON API without an exploit","Password Reset token leakage (This is known and we will implement a fix)","Password policy","Google Maps API key"],"link":["OWASP list of useful HTTP headers"]},"inScope":{"header":"In Scope","body":"\u003cstrong\u003eNote: Please run \u003c0\u003ewhois\u003c/0\u003e lookup before you submit any issues on domains found from Subdomain Scanners.\u003c/strong\u003e","link":["whois"],"table":[["\u003cstrong\u003eTarget\u003c/strong\u003e","\u003cstrong\u003eCriticality\u003c/strong\u003e","\u003cstrong\u003eEligible for Reward\u003c/strong\u003e"],["https://www.sonder.com","Critical","Yes"],["*.sonder.com","High","Yes (Refer note above)"],["https://apps.apple.com/us/app/sonder-taking-stay-further/id1422914567","High","Yes"],["https://play.google.com/store/apps/details?id=com.sonder.mahalo\u0026hl=en_CA\u0026gl=US","High","Yes"]]},"recognitionAndReward":{"header":"Recognition and Reward","body":"Sonder is happy to thank security researchers who submit vulnerability reports and are helping us to improve our overall security posture at Sonder for our employees, customers, and guests. Sonder may offer up to $500 in SonderStays credits at the discretion of Sonder for new discoveries of a critical nature."}},"modernSlaveryActStatement":{"header":"Modern Slavery and Human Trafficking Statement 2022","description":"The steps that Sonder Holdings Inc. (“\u003cu\u003eSonder\u003c/u\u003e” or “\u003cu\u003ethe Company\u003c/u\u003e”) takes to eliminate modern slavery, in any of its forms, from our operations and our supply chains are set out below. This statement is published in accordance with the UK Modern Slavery Act 2015, and is in line with Sonder’s approach to adopt responsible business practices early-on in our journey.","overview":{"header":"Overview and structure","body":"Sonder is revolutionizing hospitality through innovative, tech-powered service and inspiring, thoughtfully designed accommodations combined into one seamlessly managed experience. Officially launched in 2014 and headquartered in San Francisco, Sonder is making a world of better stays open to all with a variety of accommodation options in cities and countries around the world. As of 30 November 2022, Sonder is expanding with operations in 40 cities spanning ten countries and three continents.\u003cbr\u003e\u003cbr\u003eOversight of the risk of modern slavery sits with Corporate Responsibility \u0026 Sustainabilty, Trust \u0026 Safety and Procurement. In addition, once formed, Sonder’s Audit Committee and Nominating, Corporate Governance, and Social Responsibility Committee will provide oversight in their risk management capacity."},"policies":{"header":"Policies","body":"Sonder has put in place policies to help eliminate the potential use of Company managed properties for slavery and human trafficking.\u003cbr\u003e\u003cbr\u003eOur employee Code of Conduct requires our employees, contractors, consultants, and all others who perform work or services to Sonder, to act both ethically and legally when dealing with fellow employees and third parties with whom we do business.\u003cbr\u003e\u003cbr\u003eOur \u003c0\u003eSupplier Code\u003c/0\u003e\u003c1\u003e[1]\u003c/1\u003e of Conduct outlines the values and standards we expect of our suppliers and their representatives. Among many key considerations, it sets forth expectations of our suppliers with respect to forced labor and child hiring practices. The Supplier Code of Conduct draws from the internationally recognised standards and norms including the Universal Declaration of Human Rights, ILO International Labor Standards, OECD Guidelines for Multinational Enterprises and ISO and SA standards.\u003cbr\u003e\u003cbr\u003eIn addition to this, Sonder is committed to providing effective grievance mechanisms while protecting the confidentiality, anonymity, and protection of Supplier and employee whistleblowers to the fullest extent provided by applicable law.","footnote":{"tag":"Supplier Code","anchor":"[1]","description":"\u003c0\u003e[1]\u003c/0\u003e \u003cstrong\u003eEmployment is freely chosen\u003c/strong\u003e. Sonder has a zero-tolerance approach to modern slavery, including all forms of human trafficking and forced or bonded labor. All workers shall be free to leave work at any time or terminate their employment without penalty if reasonable notice is given as per the worker’s contract. Suppliers and their agents and sub-agents may not hold or otherwise destroy, conceal, or confiscate identity or immigration documents, such as government-issued identification, passports, or work permits. Suppliers can only hold documentation of their employees if such holdings are required by law. At no time should workers be denied access to their personal documents. Workers shall not be required to pay Suppliers’ agents’ or sub-agents’ recruitment fees or other related fees for their employment. If any such fees are found to have been paid by workers, such fees shall be repaid to the worker. Sonder and its Suppliers should pay particular attention to the risks of exploitation that both domestic and foreign migrant workers face."}},"riskManagement":{"header":"Risk Management and Due Diligence","body":"Sonder encourages its employees and suppliers (where permitted by law) to report certain matters, including circumstances that may give rise to slavery or human trafficking concerns, to relevant local authorities or internal contacts."},"training":{"header":"Training and awareness raising ","body":"Sonder requires relevant employees to attend training relating to modern slavery and human trafficking. Our training includes escalation protocols, checklists, information to assist our trust \u0026 safety, city teams and frontline staff in identifying the key warning signs of human trafficking and guidance on how to report cases.\u003cbr\u003e\u003cbr\u003eMoreover, Sonder makes available to its employees information to assist employees with identifying potential signs of slavery and human trafficking and provides a process for timely escalating concerns within the organization."},"improvement":{"header":"Improvement and tracking progress","body":"Sonder will revisit its processes for combatting modern slavery and human trafficking on a periodic basis, no less than annually, and benchmark its progress against industry standards, best practices, and its own internal goals. As part of this assessment, Sonder will engage with its employees, suppliers, and wider stakeholder groups."},"tail":{"approvedAt":"This statement was approved by the Sonder Board on 30 November 2022.","name":"Francis Davidson","title":"Chief Executive Officer"}}}}},"initialLocale":"en-US","ns":["common","legal"],"userConfig":{"i18n":{"locales":["en-CA","en-GB","en-US","fr-CA","fr-FR","es-ES","es-MX","it-IT"],"defaultLocale":"en-US"},"default":{"i18n":{"locales":["en-CA","en-GB","en-US","fr-CA","fr-FR","es-ES","es-MX","it-IT"],"defaultLocale":"en-US"}}}},"device":{"width":"1024px"},"bootstrap":{"csrfToken":"7ZeXU42tmGwm3RhRbCZ1NKlwBLVYpceBQ9qSPN3EhSPspLJbzPzKeBRFM3sJu92qhZLHqFF_oPjX0I-HPQT7yg","context":{"ip":"127.0.0.6","country":null,"userAgent":"Mozilla/4.0 (compatible; MSIE 7.0; Windows NT 6.0; SLCC1; .NET CLR 2.0.50727; .NET CLR 3.0.04506; .NET CLR 3.5.21022; .NET CLR 1.0.3705; .NET CLR 1.1.4322)","page":{"path":"/terms-of-service","referrer":"undefined","search":null,"url":"https://www.sonder.com/terms-of-service"},"campaign":{"source":null,"medium":null,"term":null,"content":null,"name":null}},"environment":{"browser":{"known":true,"name":"Internet Explorer","version":"7","fullVersion":"7.0"},"device":{"name":"Unknown","type":"desktop"},"platform":{"name":"Windows","version":"6.0"},"build":{"sha":"git-2f1"},"release":{"version":"k8s-git-2f19847","timestamp":"2024-11-24 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25 Nov 2025 09:43:37 GMT"},"experiments":{"lco-luggage-announcement-card-storage":{"key":"on","value":"on","metadata":{"deployed":true,"evaluationMode":"local","flagType":"release","flagVersion":4,"segmentName":"All Other Users"}},"eci-announcement-card":{"key":"on","value":"on","metadata":{"deployed":true,"evaluationMode":"local","flagType":"release","flagVersion":7,"segmentName":"All Other Users"}},"lco-announcement-card":{"key":"on","value":"on","metadata":{"deployed":true,"evaluationMode":"local","flagType":"release","flagVersion":5,"segmentName":"All Other Users"}},"eci-luggage-announcement-card":{"key":"on","value":"on","metadata":{"deployed":true,"evaluationMode":"local","flagType":"release","flagVersion":5,"segmentName":"All Other Users"}},"marriott-interstitial-popup":{"key":"on","payload":{"version":"v2"},"value":"on","metadata":{"deployed":true,"evaluationMode":"local","flagType":"release","flagVersion":10,"segmentName":"All Other 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Users"}},"banners-for-legacy":{"key":"off","metadata":{"deployed":true,"evaluationMode":"remote","flagType":"release","flagVersion":4,"segmentName":"default","default":true},"value":null},"csatfeedbackv8":{"key":"on","value":"on","metadata":{"deployed":true,"evaluationMode":"local","flagType":"release","flagVersion":4,"segmentName":"All Other Users"}},"checkout-loyalty-input":{"key":"on","value":"on","metadata":{"deployed":true,"evaluationMode":"local","flagType":"release","flagVersion":7,"segmentName":"All Other Users"}},"pavuiredirect":{"key":"off","metadata":{"deployed":true,"evaluationMode":"remote","flagType":"release","flagVersion":3,"segmentName":"default","default":true},"value":null},"tripadvisor-badge":{"key":"enabled","value":"enabled","metadata":{"deployed":true,"evaluationMode":"local","experimentKey":"exp-1","flagType":"experiment","flagVersion":28,"segmentName":"All Other Users"}}},"contentHtml":"\u003c!--\nHOW TO :\n - Lists: since this is a legal document we can't relay on indentation for ordered lists, therefore this file has explicit numeric items; HTML's ordered list (ol li) item numbers were hidden via CSS (list-style-type: none).\n - We strongly recommend using IDE \"Render Whitespace\" enabled to ensure indentation and spaces are consistent.\n--\u003e\n\n\u003ch1 id=\"sonder-terms-of-service\"\u003eSonder Terms of Service\u003c/h1\u003e\n\u003cp\u003eLast Updated: June 7, 2023\u003c/p\u003e\n\u003cbr\u003e\n\u003cbr\u003e\n\n\u003cp\u003eWelcome, and thank you for your interest in Sonder (\u0026quot;\u003cstrong\u003eSonder\u003c/strong\u003e,\u0026quot; \u0026quot;\u003cstrong\u003ewe\u003c/strong\u003e,\u0026quot; or \u0026quot;\u003cstrong\u003eus\u003c/strong\u003e\u0026quot;) and our website at \u003ca href=\"http://www.sonder.com\"\u003ewww.sonder.com\u003c/a\u003e, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the \u0026quot;\u003cstrong\u003eService(s)\u003c/strong\u003e\u0026quot;). The terms \u0026quot;Sonder,\u0026quot; \u0026quot;we,\u0026quot; and \u0026quot;us\u0026quot; refer to Sonder Holdings Inc., a Delaware corporation, and its subsidiaries and affiliates. These Terms of Service (together with the \u003ca href=\"https://www.sonder.com/house-rules\"\u003eHouse Rules\u003c/a\u003e and other Additional Terms (defined in Section 19.5), the \u0026quot;\u003cstrong\u003eAgreement\u003c/strong\u003e\u0026quot;) and, for users outside the United Kingdom and the European Union, our \u003ca href=\"https://www.sonder.com/privacy-policy\"\u003ePrivacy Policy\u003c/a\u003e (defined in Section 19.6) govern your use of the Service(s) and Properties (defined in Section 1). This Agreement is a legally binding contract between you and us regarding your use of the Service(s) and Properties. Failure to use the Service(s) or Properties in accordance with this Agreement may subject you to civil and criminal penalties.\u003c/p\u003e\n\u003cbr/\u003e\n\n\u003cp\u003e\u003cstrong\u003ePLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.\u003c/strong\u003e\u003c/p\u003e\n\u003cbr/\u003e\n\n\u003cp\u003e\u003cstrong\u003eBY CLICKING \u0026quot;I ACCEPT\u0026quot; (OR WORDS TO SIMILAR EFFECT), OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE(S) OR PROPERTIES, OR BY SIGNING A SEPARATE AGREEMENT WITH SONDER THAT EXPRESSLY INCORPORATES BY REFERENCE THIS AGREEMENT,\u003c/strong\u003e YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE(S) OR PROPERTIES, YOU AGREE TO BE BOUND BY, THIS AGREEMENT. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN YOU DO NOT HAVE OUR PERMISSION OR ANY RIGHT TO USE THE SERVICE(S) OR PROPERTIES. YOUR USE OF THE SERVICE(S) OR PROPERTIES, AND OUR PROVISION OF THE SERVICE(S) TO YOU AND EXPRESS LICENSE OR PERMISSION FOR YOU TO USE THE PROPERTIES (IF APPLICABLE), CONSTITUTE AN AGREEMENT BETWEEN US AND YOU AGREE TO BE BOUND BY THIS AGREEMENT.\u003c/p\u003e\n\u003cbr/\u003e\n\n\u003cp\u003ePLEASE BE AWARE THAT SECTION 17 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND SONDER. AMONG OTHER THINGS, SECTION 17 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 17 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 17 CAREFULLY.\u003c/p\u003e\n\u003cbr/\u003e\n\n\u003cp\u003eUNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN THIRTY (30) DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU WILL WAIVE YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.\n\u003cbr/\u003e\nIF YOU ARE A CONSUMER OUTSIDE OF THE UNITED STATES, SECTION 17 MAY NOT APPLY TO YOU, DEPENDING ON YOUR HOME COUNTRY\u0026#39;S LAWS.\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e1.\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e1.1. \u003cstrong\u003eService Overview.\u003c/strong\u003e Sonder Hospitality USA Inc. acquires rights and/or interests in accommodation for the onward supply of accommodation to travelers staying in the United States and countries other than Canada and Mexico. Hospitalité Sonder Canada Inc. acquires rights and/or interests in accommodation for the onward supply of accommodation to travelers staying in Canada. Sonder Stay México, S. de R.L. de C.V. acquires rights and/or interests in accommodation for the onward supply of accommodation to travelers staying in Mexico. We provide information on physical properties managed, owned, licensed, leased, rented, and/or developed by us or any of our affiliates (each a \u0026quot;\u003cstrong\u003eProperty\u003c/strong\u003e\u0026quot; and collectively the \u0026quot;\u003cstrong\u003eProperties\u003c/strong\u003e\u0026quot;). You may use the Service(s) to make legitimate reservations for certain Properties for short-term rentals (each a \u0026quot;\u003cstrong\u003eSTA/Hotel Reservation\u003c/strong\u003e\u0026quot;), longer-term accommodations (each an \u0026quot;\u003cstrong\u003eExtended Stay Reservation\u003c/strong\u003e\u0026quot;) or membership subscriptions (each a \u0026quot;\u003cstrong\u003eSubscription Reservation\u003c/strong\u003e\u0026quot; and, together with a STA/Hotel Reservation and an Extended Stay Reservation, each a \u0026quot;\u003cstrong\u003eReservation\u003c/strong\u003e\u0026quot;) and to obtain from us our express (i.e., written) permission for you to use such Properties for non-commercial purposes only for a certain period of time, in all cases, only in accordance with the terms and conditions of this Agreement. The \u0026quot;\u003cstrong\u003eService(s)\u003c/strong\u003e\u0026quot; excludes any and all Properties and any and all rights of use or possession therein or thereof, but includes services provided by us or a third party service provider to you on or around a Booked Property (defined in Section 6.2) in connection with your permitted use of the Properties (if applicable), whether you reserve such Properties directly from us or a third party (\u0026quot;\u003cstrong\u003eOn-Site Services\u003c/strong\u003e\u0026quot;). For the avoidance of doubt, a \u0026quot;\u003cstrong\u003eSubscription Reservation\u003c/strong\u003e\u0026quot; is a reservation for a stay at one of our Properties that is made in connection with a purchased subscription, which is deemed entered into and purchased immediately upon your execution of an Order Form (defined in Section 3) for such subscription (such Order Form, a \u0026quot;\u003cstrong\u003eMembership Agreement\u003c/strong\u003e\u0026quot;), a \u0026quot;\u003cstrong\u003eSTA/Hotel Reservation\u003c/strong\u003e\u0026quot; is a reservation for a short length stay at one of our Properties that is made outside and separate from any purchased subscription or Membership Agreement and an \u0026quot;\u003cstrong\u003eExtended Stay Reservation\u003c/strong\u003e\u0026quot; is a reservation for an intermediate or long term stay at one of our Properties that is made outside and separate from any purchased subscription or Membership Agreement, but that may be made in connection with an Order Form for such reservation (such Order Form, an \u0026quot;\u003cstrong\u003eExtended Stay Agreement\u003c/strong\u003e\u0026quot;) which is deemed entered into and purchased immediately upon either your execution of such Order Form for such reservation or your reservation of the Extended Stay Property and your payment of any portion of the Extended Stay Reservation fee.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e1.2. \u003cstrong\u003eSupplier of Record.\u003c/strong\u003e Depending on the location of the Properties, the following Sonder affiliates will be the supplier of record with respect to our Services:\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e1.2.1. Sonder Hospitality USA Inc., a Delaware corporation, with registered address at Intertrust Corporate Services Delaware Ltd., 200 Bellevue Parkway, Suite 210, Wilmington, DE 19809, Delaware file number 5736491.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e1.2.2. Hospitalité Sonder Canada Inc., a Quebec corporation located at 200-425, av. Viger Ouest Montréal Québec H2Z1W5 Canada, numéro d\u0026#39;entreprise du Québec 1174937749.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e1.2.3. Sonder Stay México, S. de R.L. de C.V., a Mexico limited liability company located at Anatole France 130, Polanco, Miguel Hidalgo, Mexico City, Mexico, PC 11550, En la Ciudad de Mexico (each of the foregoing, individually, \u0026quot;\u003cstrong\u003eSupplier of Record\u003c/strong\u003e\u0026quot; or collectively, \u0026quot;\u003cstrong\u003eSuppliers of Record\u003c/strong\u003e\u0026quot;).\u003c/p\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003cp\u003eIf you are utilizing Services in connection with Properties located in the U.S. or any country other than Mexico and Canada, you are contracting with Sonder Hospitality USA Inc. If you are utilizing Services in connection with Properties located in Canada you are contracting with Hospitalité Sonder Canada Inc. If you are utilizing Services in connection with Properties located in Mexico, you are contracting with Sonder Stay México, S. de R.L. de C.V.\u003c/p\u003e\n\u003cp\u003eNote that we reserve the right to replace any Supplier of Record at any time and without notice.\u003c/p\u003e\n\u003cp\u003eOther Sonder entities (\u0026quot;\u003cstrong\u003eSonder Support Entities\u003c/strong\u003e\u0026quot;) may provide Services, including concierge, housekeeping, customer support, and other support services, in connection with your use of the Properties. Sonder Support Entities do not have any authority or obligation to provide Services or Property under this Agreement. Similarly, you do not have a contractual relationship with Sonder Support Entities. Sonder Support Entities are not authorized to act as an agent for any Supplier of Record.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e2. \u003cstrong\u003eEligibility.\u003c/strong\u003e You must be at least 18 years old to use the Service(s). By agreeing to this Agreement, you represent and warrant to us that: (a) you are (i) at least 18 years old, are an emancipated minor, or possess legal parental or guardian consent to agree to this Agreement; and (ii) fully able and competent to enter into this Agreement; (b) you have not previously been suspended or removed from the Service(s) or any of our Properties; and (c) your Registration (defined in Section 3) and your use of the Service(s) and our Properties is and will be in compliance with any and all applicable laws, rules, and regulations. If you are an organization (e.g., a company or school), the individual accepting this Agreement on your behalf represents and warrants that he or she has the authority to bind you to this Agreement and you agree to be bound by this Agreement.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e3. \u003cstrong\u003eAccount Registration.\u003c/strong\u003e To access certain features of the Service(s), you may be required to register for an account (collectively, \u0026quot;\u003cstrong\u003eRegister\u003c/strong\u003e\u0026quot;; and such process of Registering, \u0026quot;\u003cstrong\u003eRegistration\u003c/strong\u003e\u0026quot;) and/or to enter into a membership agreement, sublease agreement, extended stay agreement, limited use agreement, or other type of agreement or order form signed by us and you and made under and part of this Agreement (\u0026quot;\u003cstrong\u003eOrder Form\u003c/strong\u003e\u0026quot;). When you Register, you may be required to provide us with some information about yourself, such as your name, email address, home address, date of birth, and other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you Register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at \u003ca href=\"mailto:\u0026#114;\u0026#x65;\u0026#x73;\u0026#101;\u0026#114;\u0026#118;\u0026#97;\u0026#116;\u0026#105;\u0026#x6f;\u0026#110;\u0026#115;\u0026#x40;\u0026#x73;\u0026#111;\u0026#x6e;\u0026#100;\u0026#101;\u0026#x72;\u0026#x2e;\u0026#99;\u0026#x6f;\u0026#x6d;\"\u003e\u0026#114;\u0026#x65;\u0026#x73;\u0026#101;\u0026#114;\u0026#118;\u0026#97;\u0026#116;\u0026#105;\u0026#x6f;\u0026#110;\u0026#115;\u0026#x40;\u0026#x73;\u0026#111;\u0026#x6e;\u0026#100;\u0026#101;\u0026#x72;\u0026#x2e;\u0026#99;\u0026#x6f;\u0026#x6d;\u003c/a\u003e.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e4. \u003cstrong\u003eBackground Checks.\u003c/strong\u003e You acknowledge and agree that for transparency, safety, fraud prevention, and anti-money laundering purposes, and to the extent permitted by applicable law, we may, but have no obligation to, before and/or while you reserve and/or occupy a Property, including without limitation, before and/or during any renewal or extension: (a)\u0026nbsp;require that you provide us with a form of government identification or other information sufficient to assist us with undertaking the background checks described in Sections 4(b)-(c); (b) screen you against third party databases or other sources and request reports (e.g., credit checks) regarding you from service providers (if available); and (c) for users outside of the UK and EU, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks (if available). You hereby consent to our undertaking the foregoing background checks and to our processing of the resulting information in accordance with our Privacy Policy (if applicable), including sharing with landlords, property owners, and/or their property managers (any of the foregoing, a \u0026quot;\u003cstrong\u003eLandlord\u003c/strong\u003e\u0026quot;) the results of background checks for users based in the United States.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e5. \u003cstrong\u003eFees and Payment.\u003c/strong\u003e Certain features of the Service(s) may require you to pay one-time and/or recurring fees. Before you pay any such fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable, unless expressly provided otherwise in writing by us.\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e5.1. \u003cstrong\u003eFees.\u003c/strong\u003e We reserve the right to determine pricing for the Service(s) and any products we offer for sale, including, without limitation, for On-Site Services, or Properties that you may reserve or subscribe to through the Service(s). We will make reasonable efforts to keep pricing information that is published on our website up to date, but may not necessarily provide all specific pricing information (\u003cem\u003ee.g.\u003c/em\u003e, subscription-related pricing) online. We encourage you to check our website periodically for current pricing information. We may change any of this pricing information (including by adding applicable taxes, fees or charges) at any time. We, in our sole discretion, may make promotional offers with different features and different pricing to any of our customers. These promotional offers, unless made to you, will not apply to you or this Agreement.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e5.2. \u003cstrong\u003eCurrency.\u003c/strong\u003e If you request a reservation or purchase certain Services, including On-Site Services, you will be notified of the currency in which you will be charged. This currency will be determined by us based on the Applicable Payment Method (defined in Section 5.3) and other factors in our reasonable discretion, such as the location of the Property that you are trying to reserve or subscribe to. For your convenience and if the currency you will be charged in is not the same as the currency applicable in your country, we may provide you with an indication of how much the price would approximately be in your own currency. Such indication is merely indicative, not binding, and will depend on the applicable exchange rate of the day. You acknowledge that the applicable exchange rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) we update the applicable exchange rate on a regular, but not real-time, basis; and (ii)\u0026nbsp;the applicable exchange rate may include an incremental cost or margin that is not included in the applicable market rate.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e5.3. \u003cstrong\u003eAuthorization.\u003c/strong\u003e You authorize us to charge all applicable sums (including but not limited to any applicable one-time and/or recurring security deposits, reservation fees, extended stay fees, subscription fees, and Service fees, including for On-Site Services, the Damaged Property Fee, and any fees, costs and penalties for overstaying your reservation or subscription, and including all applicable Taxes (defined in Section 5.9), which such Taxes may be charged on a different day or time than the sums to which they relate)) for the reservations, subscriptions, and/or other purchases that you make through the Service(s) in accordance with Section 8.7, to the payment method specified in your account or that you otherwise indicate when you submit such reservation or enter into a Membership Agreement, Extended Stay Agreement and/or other Order Form to or with us (the \u0026quot;\u003cstrong\u003eApplicable Payment Method\u003c/strong\u003e\u0026quot;) on the date that any such sum is due. Additionally, if the Applicable Payment Method is a credit card, then a few days before your check-in: (a) we may seek pre-authorization of your credit card account prior to completing your reservation or entering into a Membership Agreement, Extended Stay Agreement or other Order Form with you to verify that the credit card is valid and has the necessary funds or credit available to cover your reservation, subscription, any security deposit or other purchase, or any potential Damaged Property Fee or incidentals that may apply; and (b) you authorize us to place a hold on such credit card for sums sufficient to cover any applicable Damaged Property Fee, Taxes and any other fees that you owe us under this Agreement and may be held for a few days following your check-out. To the extent that Sonder is charged any service fees in connection with your use of the Applicable Payment Method, you shall be responsible for such fees.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e5.4. \u003cstrong\u003eCancellations.\u003c/strong\u003e\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e5.4.1 \u003cstrong\u003eCancellations for STA/Hotel Reservations.\u003c/strong\u003e We will charge all applicable sums due for the STA/Hotel Reservations that you make through the Service(s) at the time such reservations are requested. You may cancel a completed STA/Hotel Reservation at any time, and may be entitled to a refund, subject to the version of our cancellation policy posted on our website and effective at the time your reservation was completed. Our \u003ca href=\"/help/booking_questions/cancellation_policy\"\u003ecancellation policy\u003c/a\u003e is available online. YOU ACKNOWLEDGE AND AGREE THAT IF YOU REQUEST OR COMPLETE A STA/HOTEL RESERVATION FOR ONE OF OUR PROPERTIES THROUGH A THIRD PARTY OR THIRD-PARTY WEBSITE, STRICTER CANCELLATION POLICIES MAY APPLY. PLEASE REVIEW SUCH THIRD-PARTY POLICIES BEFORE SUBMITTING YOUR STA/HOTEL RESERVATION REQUEST AND MAKE SURE YOU AGREE WITH THE APPLICABLE CANCELLATION PERIOD.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e5.4.2 \u003cstrong\u003eCancellations for Extended Stay Reservations.\u003c/strong\u003e We will charge all applicable sums due for an Extended Stay Reservation at the time the applicable Extended Stay Agreement is fully executed by you and us. You may cancel your reservation request at any time before the applicable Extended Stay Agreement is fully executed. Once an Extended Stay Agreement is fully executed, you may not cancel the applicable reservation, except as may be otherwise expressly provided in such Extended Stay Agreement or other Order Form. YOU ACKNOWLEDGE AND AGREE THAT IF YOU REQUEST OR COMPLETE AN EXTENDED STAY RESERVATION FOR ONE OF OUR PROPERTIES THROUGH A THIRD PARTY OR THIRD-PARTY WEBSITE, STRICTER CANCELLATION POLICIES MAY APPLY. PLEASE REVIEW SUCH THIRD-PARTY POLICIES BEFORE SUBMITTING YOUR EXTENDED STAY RESERVATION REQUEST AND MAKE SURE YOU AGREE WITH THE APPLICABLE CANCELLATION PERIOD.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e5.4.3 \u003cstrong\u003eCancellations for Subscription Reservations.\u003c/strong\u003e We will charge all applicable sums due for a subscription at the time the applicable Membership Agreement is fully executed by you and us. You may cancel your subscription request at any time before the applicable Membership Agreement is fully executed. Once a Membership Agreement is fully executed, you may not cancel the applicable subscription or any Subscription Reservation, except as may be otherwise expressly provided in such Membership Agreement. YOU ACKNOWLEDGE AND AGREE THAT IF YOU PURCHASE A SUBSCRIPTION OR REQUEST OR COMPLETE A SUBSCRIPTION RESERVATION FOR ONE OF OUR PROPERTIES THROUGH A THIRD PARTY OR THIRD-PARTY WEBSITE, STRICTER CANCELLATION POLICIES MAY APPLY. PLEASE REVIEW SUCH THIRD-PARTY POLICIES BEFORE PURCHASING YOUR SUBSCRIPTION OR SUBMITTING YOUR SUBSCRIPTION RESERVATION REQUEST AND MAKE SURE YOU AGREE WITH THE APPLICABLE CANCELLATION PERIOD.\u003c/p\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e5.5. \u003cstrong\u003eAlternative Accommodations.\u003c/strong\u003e\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e5.5.1 \u003cstrong\u003eAlternative Accommodations for STA/Hotel Reservations.\u003c/strong\u003e In the event that a STA/Hotel Property (defined in Section 6.2) becomes unavailable for the whole or any part of the applicable STA/Hotel Period of Occupancy (defined in Section 6.2) for any reason, we will endeavor to arrange for suitable alternative accommodations during the Period of Occupancy. If we are unable to find suitable alternative accommodations during this period we have the right to cancel the applicable portion of the STA/Hotel Period of Occupancy and we will credit you with a full refund of pre-paid fees for that portion.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e5.5.2 \u003cstrong\u003eAlternative Accommodations for Extended Stay Reservations.\u003c/strong\u003e In the event that an Extended Stay Property (defined in Section 6.2) becomes unavailable for the whole or any part of the applicable Extended Stay Period of Occupancy (defined in Section 6.2) for any reason, we will endeavor to arrange for suitable alternative accommodations during such Period of Occupancy. If we are unable to find suitable alternative accommodations during this period, we have the right to cancel the applicable portion of the Extended Stay Period of Occupancy subject to the express terms of any applicable Extended Stay Agreement or applicable law and we will credit you with a full refund of pre-paid fees. If you do not accept a suitable alternative accommodation that we offer to you, then you are entitled to cancel the applicable reservation, any pre-paid fees will be refunded to you, and neither we nor any of our third-party suppliers will be liable to you for any further amounts relating to such reservation.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e5.5.3 \u003cstrong\u003eAlternative Accommodations for Subscription Reservations.\u003c/strong\u003e In the event that a Subscription Property (defined in Section 6.2) becomes unavailable for the whole or any part of the applicable Subscription Period of Occupancy (defined in Section 6.2) for any reason, we will endeavor to arrange for suitable alternative accommodations during such Period of Occupancy. If we are unable to find suitable alternative accommodations during this period, we have the right to cancel the applicable portion of the Subscription Period of Occupancy subject to the express terms of any applicable Membership Agreement or applicable law and we will credit you with a full refund of pre-paid fees. If you do not accept a suitable alternative accommodation that we offer to you, then you are entitled to cancel the applicable subscription, any pre-paid fees will be refunded to you, and neither we nor any of our third-party suppliers will be liable to you for any further amounts relating to such subscription.\u003c/p\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e5.6. \u003cstrong\u003eModifications.\u003c/strong\u003e\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e5.6.1 \u003cstrong\u003eModifications for STA/Hotel Reservations.\u003c/strong\u003e You may be able to modify your STA/Hotel Reservation, subject to additional Taxes, fees, and charges, for example, by purchasing additional services and amenities (\u003cem\u003ee.g.\u003c/em\u003e, paid parking and extra cleaning services) or by modifying the applicable services or dates of your existing reservation. For the avoidance of doubt, if you modify or extend the dates of your STA/Hotel Reservation, you will be charged the applicable Property\u0026#39;s then-current market rate, which may be different (higher or lower) than the rates applicable to your existing reservation, for the modified dates. You will have an opportunity to review and accept any additional fees and/or charges prior to modifying such reservation.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e5.6.2 \u003cstrong\u003eModifications for Extended Stay Reservations.\u003c/strong\u003e You may be able to modify portions of an Extended Stay Reservation, subject to any additional Taxes, fees and charges, for example, by purchasing or cancelling additional services and amenities (\u003cem\u003ee.g.\u003c/em\u003e, paid parking and extra cleaning services). You will have an opportunity to review and accept any such additional fees and/or charges prior to modifying the same. You may not however, modify the terms of any Extended Stay Agreement, including the dates or term of your reservation, except as expressly set forth in such Extended Stay Agreement or Order Form.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e5.6.3 \u003cstrong\u003eModifications for Subscription Reservations.\u003c/strong\u003e You may be able to modify portions of a Subscription Reservation, subject to any additional Taxes, fees and charges, for example, by purchasing or cancelling additional services and amenities (\u003cem\u003ee.g.\u003c/em\u003e, paid parking and extra cleaning services). You will have an opportunity to review and accept any such additional fees and/or charges prior to modifying the same. You may not however, modify the terms of any Membership Agreement, including the dates or term of your subscription, except as expressly set forth in such Membership Agreement.\u003c/p\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e5.7. \u003cstrong\u003eRepeated Cancellations.\u003c/strong\u003e If you repeatedly cancel or attempt to cancel confirmed reservations or purchased subscriptions, we reserve the right in our sole discretion to temporarily or permanently suspend or terminate your access to the Service(s).\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e5.8. \u003cstrong\u003eDelinquent Accounts.\u003c/strong\u003e We may suspend or terminate your access to the Service(s) or Properties if any amount associated with your account is due but unpaid. In addition, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e5.9. \u003cstrong\u003eTaxes.\u003c/strong\u003e Sales and use tax, VAT, local hotel occupancy tax, tourist tax, city tax, lodging tax, and other indirect taxes (\u0026quot;\u003cstrong\u003eTaxes\u003c/strong\u003e\u0026quot;) may be imposed on the amount charged for our Services, Properties, and other products offered in certain jurisdictions. The actual tax amount charged may vary depending on the rates in effect at the time of your Period of Occupancy (defined in Section 6.2). Certain local governmental agencies may require Sonder to collect and remit occupancy taxes based on a percentage of the prices set by Sonder, a fixed amount per day, or some other method.\u003c/p\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e6. \u003cstrong\u003eService(s) and Booked Properties.\u003c/strong\u003e\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e6.1. \u003cstrong\u003eLimited License to the Service(s).\u003c/strong\u003e Subject to your complete and ongoing compliance with this Agreement, we grant you, solely for your personal (except as expressly provided in this Section 6.1) and non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service(s) obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Service(s). Notwithstanding the foregoing, if permissible under the laws applicable to the Service(s) or any Booked Property, you may use the Service(s) for non-personal use only if you are an organization and only to reserve Properties, or enter into a subscription, for or on behalf of your organization\u0026#39;s employees, your organization\u0026#39;s students, and/or a third party (\u0026quot;\u003cstrong\u003eLimited Non-Personal Use\u003c/strong\u003e\u0026quot;), provided that: (i) you enter into a separate written agreement with us that provides additional terms and conditions governing this Limited Non-Personal Use (\u0026quot;\u003cstrong\u003eLimited Use Agreement\u003c/strong\u003e\u0026quot;) and such use shall be subject to the terms and conditions of this Agreement and the Limited Use Agreement; (ii) you require each employee, student, and/or third party to agree in writing to be bound by this Agreement; and (iii) you remain responsible and liable for all acts and omissions of each such employee, student, and/or third party to the same extent as if such acts and omissions had been undertaken by you.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e6.2. \u003cstrong\u003eUse of Booked Properties.\u003c/strong\u003e\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e6.2.1 \u003cstrong\u003eLimited License to STA/HOTEL Properties.\u003c/strong\u003e Subject to your complete and ongoing compliance with this Agreement and subject to applicable law, we grant you a limited, exclusive (except as expressly provided in this Section 6.2), non-transferable, non-sublicensable (except as expressly provided in this Section 6.2), revocable license to occupy the specific unit at the specific Property for only the specific period of time that you have reserved under a STA/Hotel Reservation for personal (except as expressly provided in this Section 6.2) and non-commercial purposes only and for the maximum number of occupants permitted by us, as confirmed in writing by us (a \u0026quot;\u003cstrong\u003eConfirmation\u003c/strong\u003e\u0026quot;) and provided by us to you by email or other means (such specific type of reserved Property, the \u0026quot;\u003cstrong\u003eSTA/Hotel Property\u003c/strong\u003e\u0026quot; and such specific reserved period of time, the \u0026quot;\u003cstrong\u003eSTA/Hotel Period of Occupancy\u003c/strong\u003e\u0026quot;) and the right of ingress and egress to and from the STA/Hotel Property. For the avoidance of doubt, we are not obliged to make the STA/Hotel Property available, and a binding contract with respect to the STA/Hotel Property is not in place, until such time as you receive the foregoing Confirmation (at which point your reservation is deemed \u0026quot;completed\u0026quot;), and in no event shall you have any rights to renewal, extension, or recurring use of the STA/Hotel Property. You hereby agree to direct any repair, maintenance, and other operational questions, requests, or complaints to Sonder at the contact information located at \u003ca href=\"/help\"\u003ehttps://www.sonder.com/help\u003c/a\u003e and shall not direct any such communications to any Landlord or other non-Sonder personnel.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e6.2.2 \u003cstrong\u003eLimited Right to Use Extended Stay Properties.\u003c/strong\u003e This Agreement shall not provide permission or the right to enter or use any Property that is the subject of an Extended Stay Reservation unless and until you enter into an Extended Stay Agreement or you receive a Confirmation from us identifying the applicable Property. For the avoidance of doubt, we are not obliged to make the Extended Stay Property available until such Extended Stay Agreement has been fully executed by you or you have received a Confirmation from us. The Extended Stay Agreement or Confirmation shall contain the terms of the applicable reservation, including the specific unit at the specific Property that is the subject of the reservation (the \u0026quot;\u003cstrong\u003eExtended Stay Property\u003c/strong\u003e\u0026quot;) and the term of the reservation (the \u0026quot;\u003cstrong\u003eExtended Stay Period of Occupancy\u003c/strong\u003e\u0026quot;). In no event shall you have any rights to renewal, extension, or recurring use of the Extended Stay Property, except as required by law. You hereby agree to direct any repair, maintenance and other operational questions, requests, or complaints to Sonder at the contact information located at \u003ca href=\"/help\"\u003ehttps://www.sonder.com/help\u003c/a\u003e and shall not direct any such communications to any Landlord or other non-Sonder personnel.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e6.2.3 \u003cstrong\u003eLimited Right to Use Subscription Properties.\u003c/strong\u003e This Agreement shall not provide permission or the right to enter or use any Property that is the subject of a subscription unless and until you enter into a Membership Agreement identifying the applicable Property. For the avoidance of doubt, we are not obliged to make the Subscription Property available until such Membership Agreement has been fully executed by you and us. The Membership Agreement shall contain the terms of the applicable subscription, including the specific unit at the specific Property that is the subject of the subscription (the \u0026quot;\u003cstrong\u003eSubscription Property\u003c/strong\u003e\u0026quot;, and, together with a STA/Hotel Property, and an Extended Stay Property, each a \u0026quot;\u003cstrong\u003eBooked Property\u003c/strong\u003e\u0026quot;), the term of the subscription (the \u0026quot;\u003cstrong\u003eSubscription Period of Occupancy\u003c/strong\u003e\u0026quot; and, together with a STA/Hotel Period of Occupancy, and an Extended Stay Period of Occupancy, each a \u0026quot;\u003cstrong\u003ePeriod of Occupancy\u003c/strong\u003e\u0026quot;), any rights of transfer and entry by us or any third parties. In no event shall you have any rights to renewal, extension, or recurring use of the Subscription Property, except as required by law. You hereby agree to direct any repair, maintenance and other operational questions, requests, or complaints to Sonder at the contact information located at \u003ca href=\"/help\"\u003ehttps://www.sonder.com/help\u003c/a\u003e and shall not direct any such communications to any Landlord or other non-Sonder personnel.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e6.2.4 Notwithstanding the foregoing: (a) you may sublicense or permit a third party to use the Booked Property for Limited Non-Personal Use only provided you meet the conditions set forth in Section 6.1(i)-(iii).\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e6.2.5 We reserve the right at all times during the Period of Occupancy to enter and to permit other individuals to enter the Property at any time in the following circumstances or for the following purposes, subject to applicable law: (i) in response to your written or verbal request, upon your consent, or as necessary to provide the Service(s) to you; (ii) to investigate, address, or prevent any actual or reasonably suspected or foreseeable past, current, or impending unlawful activity or damage to the Property (you expressly agree that we have the right to document by photograph, video, or otherwise any such damage, and/or compliance with this Agreement and compliance with the House Rules that we post on our website, which may be updated from time to time (the \u0026quot;House Rules\u0026quot;), subject to and in compliance with the Privacy Policy, during such entry); (iii)\u0026nbsp;to prevent or mitigate bodily harm to you or others that we reasonably expect has occurred or may occur; (iv)\u0026nbsp;upon your breach or suspected breach of any provision of this Agreement, provided that we give you prior notice (\u003cem\u003ee.g.\u003c/em\u003e, by email, phone, text message, or knocking on the door); (v) for any purpose (including for repair and maintenance and to examine or show the same), provided that we give you reasonable notice (\u003cem\u003ee.g.\u003c/em\u003e, by email, phone, text message, or knocking on the door); (vi) to cooperate with requests from law enforcement officials to enter the Property; (vii) where we believe reasonably necessary to protect the personal safety, rights, or property of us, you, any third party, or to prevent fraud or other unlawful activity; and/or (viii) at any time that may be necessary or advisable in our sole discretion, such as in the event of an emergency.\u003c/p\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e6.3. \u003cstrong\u003eFeedback License to Us.\u003c/strong\u003e If you choose to provide suggestions or any other input regarding problems with, proposed modifications or improvements to, or any other aspect of the Service(s) or Properties (\u0026quot;\u003cstrong\u003eFeedback\u003c/strong\u003e\u0026quot;), then you hereby grant us an unrestricted, worldwide, perpetual, irrevocable, non-exclusive, freely transferable and sublicensable (including through multiple tiers), royalty-free, and fully-paid right and license to exploit the Feedback in any manner and for any purpose with no obligation or accounting to you, including to improve the Service(s) and Properties and create other products and services.\u003c/p\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7. \u003cstrong\u003eRestrictions and Responsibilities.\u003c/strong\u003e\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e7.1 \u003cstrong\u003eCompliance with Law.\u003c/strong\u003e If you are prohibited under applicable law from using any of the Service(s) or Properties (including Booked Properties), you may not use them. You understand and agree that you are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Service(s) and/or Properties. We shall comply with the requirements of the Fair Employment and Housing Act and shall not discriminate based upon any of the protected categories covered in such Act where applicable.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.2. \u003cstrong\u003eUse of Amenities.\u003c/strong\u003e You and your occupants, guest(s), visitors, invitees and any other parties to whom you give access to or use of any Property, including the Booked Property (collectively and individually, \u0026quot;\u003cstrong\u003eYour Guests\u003c/strong\u003e\u0026quot;) may use only the Booked Property amenities (\u003cem\u003ee.g.\u003c/em\u003e, fitness room and gym equipment) expressly made available by us for the common and joint use of Sonder\u0026#39;s members, guests and residents in the applicable Property (collectively, the \u0026quot;\u003cstrong\u003eAmenities\u003c/strong\u003e\u0026quot;). Access to such Amenities is not guaranteed and may be limited, revoked, or suspended from time to time. You agree to comply and ensure all of Your Guests\u0026#39; compliance with all applicable rules with respect to your and Your Guests\u0026#39; use of such Amenities. You understand and agree that use of such Amenities may be suspended if you or any of Your Guests violate any such rules. You shall be responsible for any damage to such Amenities that you or any of Your Guests cause. ANY USE OF SUCH AMENITIES IS AT YOUR AND YOUR GUESTS\u0026#39; OWN RISK AND YOU AND YOUR GUESTS RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ANY SONDER ENTITIES (DEFINED BELOW) IN CONNECTION WITH ANY USE OF SUCH AMENITIES. YOU AGREE THAT, AT OUR REQUEST AT ANY TIME, YOU AND/OR YOUR GUESTS WILL EXECUTE AND DELIVER A COMMERCIALLY REASONABLE FORM OF WAIVER AND RELEASE TO CONFIRM THE WAIVER AND RELEASE SET FORTH HEREIN AND THAT YOUR AND/OR YOUR GUESTS\u0026#39; USE OF THE AMENITIES MAY BE CONDITIONED ON YOUR AND/OR YOUR GUESTS\u0026#39; EXECUTION AND DELIVERY OF SUCH WAIVER AND RELEASE.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.3. \u003cstrong\u003eUse of On-Site Services.\u003c/strong\u003e We may, but shall not be obligated to, offer On-Site Services for an additional fee from time to time, such as cleaning, babysitting, local tours, parking and special events. If so offered by us and so requested by you, we will mutually agree on the dates and times for such services and we and/or the applicable third party service provider shall have the right to enter the Booked Property to perform such services. To the extent that we offer and you request or use any such services, you hereby agree to comply and ensure all of Your Guests\u0026#39; compliance with all of the applicable rules with respect to your and Your Guests\u0026#39; use of such services. You understand and agree that your and Your Guests\u0026#39; use of such services may be suspended if you or any of Your Guests violate any such rules. You shall be responsible for any damage that you or any of Your Guests cause. ANY USE OF ON-SITE SERVICES IS AT YOUR AND YOUR GUESTS\u0026#39; OWN RISK AND YOU AND YOUR GUESTS RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ANY SONDER ENTITIES (DEFINED BELOW) IN CONNECTION WITH ANY SUCH SERVICES. YOU UNDERSTAND THAT THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. YOU AGREE THAT, AT OUR REQUEST AT ANY TIME, YOU AND/OR YOUR GUESTS WILL EXECUTE AND DELIVER A COMMERCIALLY REASONABLE FORM OF WAIVER AND RELEASE TO CONFIRM THE WAIVER AND RELEASE SET FORTH HEREIN AND THAT YOUR AND/OR YOUR GUESTS\u0026#39; USE OF THE ON-SITE SERVICES MAY BE CONDITIONED ON YOUR AND/OR YOUR GUESTS\u0026#39; EXECUTION AND DELIVERY OF SUCH WAIVER AND RELEASE.\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e7.3.1 \u003cstrong\u003eAdditional Terms Related to On-site Storage.\u003c/strong\u003e Certain Properties may offer you and Your Guests the use of storage lockers or other secured areas for purposes of storing belongings prior to or after the Period of Occupancy (collectively \u0026quot;\u003cstrong\u003eOn-Site Storage\u003c/strong\u003e\u0026quot;). The following terms and conditions apply to your and Your Guests\u0026#39; use of On-Site Storage:\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e7.3.1.1 We are providing On-Site Storage to you and Your Guests alone, as an accommodation, and we undertake no special duties of care with respect to such On-Site Storage.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.3.1.2 You may only use On-Site Storage for storage of your personal items prior to check in (starting at 8 AM on the first day of your Period of Occupancy) and after check out (until 10 PM on the last day of your Period of Occupancy). On-Site Storage may not be used for storage during your Period of Occupancy or outside of the designated hours (8 AM - 10 PM).\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.3.1.3 You shall not make any alteration to the On-Site Storage facilities without our express written authorization.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.3.1.4 We shall not be liable for any damages or loss you or Your Guests incur with respect to the items stored in On-Site Storage as a result of theft, disappearance, vandalism, fire, water, leaking pipes, rain, electrical malfunction, explosion, any act of God or any other situation outside of our control. Any loss or damage to, or theft of, your or Your Guests\u0026#39; property must be reported to us.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.3.1.5 You and Your Guests are strictly prohibited from storing the following items in On-Site Storage: (i)\u0026nbsp;revolvers, firearms, weapons, copies or imitations of weapons, knives or any other type of handheld weapon, ammunition, illegal drugs, explosives or flammable substances, welding equipment, perishable food substances, chemical, toxic or hazardous materials or any other inherently dangerous substance; (ii) items that are not legal to possess and/or store; and (iii) any other items stored in violation of any order or requirement imposed by any government agency or in violation of any law.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.3.1.6 All items left in On-Site Storage are subject to inspection and/or examination by Sonder and/or law enforcement officials at any time and without prior notice or your or Your Guests\u0026#39; presence. All personnel of Sonder and building security, including, but not limited to, employees, agents, and/or contractors shall be held harmless for performing such duties or following the written or verbal orders of any governmental authority.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.3.1.7 In the event that you lose your code or there is a malfunction to the entry into the On-Site Storage, we will require positive identification from you.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.3.1.8 We reserve the right at any time to remove any items from On-Site Storage that have been stored in violation of these terms, subject to applicable law.\u003c/p\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.3.2. \u003cstrong\u003eAdditional Terms Related to Parking.\u003c/strong\u003e Certain Properties may offer you and Your Guests space for a personal vehicle in a parking lot during the Period of Occupancy (\u0026quot;Parking\u0026quot;). Parking may include paid parking (\u0026quot;\u003cstrong\u003ePaid Parking\u003c/strong\u003e\u0026quot;) and valet parking services. The following terms and conditions apply to your use of Parking:\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e7.3.2.1. You acknowledge and agree that we are not liable for any loss or damage that may occur to your or Your Guests\u0026#39; vehicle(s) or possessions while parked at our Parking facilities, including, without limitation, damage to, destruction, or theft of the parked vehicle or movable/built-in property in the vehicle or items mounted to or on the vehicle. You must notify us immediately of any damage to your or Your Guests\u0026#39; vehicle(s) or possessions.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.3.2.2. You and/or Your Guests may utilize Parking starting at your check-in time (on the first day of your Period of Occupancy) and ending at your check-out time (on the last day of your Period of Occupancy).\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.3.2.3. After expiration of your Period of Occupancy, we may have your or Your Guests\u0026#39; vehicle removed from the Parking area at your expense.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.3.2.4. Vehicles may only be parked within designated parking spaces. They may not be parked in the areas reserved permanently for others and marked as such. We are authorized to remove your or Your Guests\u0026#39; vehicle that has been improperly parked at your expense.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.3.2.5. The following terms apply to Paid Parking: (i) Paid Parking must be reserved in advance for the entire Period of Occupancy; and (ii) Paid Parking is non-refundable and valid only for the Period of Occupancy. Sonder may change the terms in this paragraph at any time in its sole discretion.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.3.2.6. Where you or Your Guests utilize the services of a valet or other third-party to transport your or Your Guests\u0026#39; vehicle to or within a Parking facility, we are not liable for any loss or damage that may occur to your or Your Guests\u0026#39; vehicle or its contents while the vehicle is in the possession of such third-party, including, without limitation, damage to, destruction or theft of the vehicle or movable/built-in property in the vehicle or items mounted to or on the vehicle.\u003c/p\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.4. \u003cstrong\u003eObligation to Maintain.\u003c/strong\u003e You shall keep all interior portions of the Booked Property, and all furniture and decorations within the Booked Property, in good, clean, and sanitary condition, including free from all pests (such as, without limitation, bedbugs, cockroaches, mice and rats), and in proper working order throughout the applicable Period of Occupancy. Should any component fail to operate (including any appliance, plumbing, electrical, etc.), it is your responsibility to promptly contact us at the contact information located at \u003ca href=\"https://www.sonder.com/help\"\u003ehttps://www.sonder.com/help\u003c/a\u003e as soon as a problem is detected.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.5. \u003cstrong\u003eProhibited Conduct.\u003c/strong\u003e In addition to all other rules and restrictions contained in the Agreement (including in any Additional Terms such as any applicable Order Form, Confirmation, Membership Agreement, Extended Stay Agreement and/or House Rules), in connection with your use of the Service(s) and Properties, you may not and you agree that you will not (except and solely to the extent such restriction is impermissible under applicable law):\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e7.5.1. Use the Service(s) or any Property for any illegal purpose or in violation of any local, state, national, or international law (\u003cem\u003ee.g.\u003c/em\u003e, you may not use your, our, or a third-party Internet connection or device on any of our Properties to illegally download or share files through BitTorrent, other peer-to-peer protocols, or otherwise);\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.5.2. Impersonate any individual or organization, or falsify or otherwise misrepresent yourself (including your age or date of birth) or your affiliation with any individual or organization;\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.5.3. Register for more than one Sonder account or Register on behalf of an individual other than yourself, except as expressly permitted under a Limited Use Agreement between you and us;\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.5.4. Use the Service(s) or any Property for any commercial or other purpose that is not expressly permitted under this Agreement (for the avoidance of doubt, you may not resell or transfer to any other individual or organization any reservation or subscription you make or enter into with us, except as expressly permitted under a Limited Use Agreement between you and us), or make false, fraudulent, or speculative reservations or subscriptions;\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.5.5. Reproduce, distribute, publicly display, or publicly perform any aspect of the Service(s) or make modifications to any aspect of the Service or any Property;\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.5.6. Bring into or onto any Property any illegal, dangerous or hazardous substance or item (including items that are likely to increase the risk of fire or explosion) or any firearms and other weapons (except those rightfully possessed by law enforcement officials or licensed security guards);\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.5.7. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service(s);\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.5.8. Use, display, mirror, or frame any aspect of the Service(s) (including any layout or design of any webpage or form contained therein), our name, or any of our trademarks, logos, or other proprietary information, without our express written consent;\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.5.9. Copy, store, or otherwise access any information accessible through the Service(s) or any Property for purposes not expressly permitted under this Agreement;\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.5.10. Use manual or automated software, devices, scripts, robots, or other means or processes to access, \u0026quot;scrape,\u0026quot; \u0026quot;crawl,\u0026quot; or \u0026quot;spider\u0026quot; any web pages or other services contained in the Service(s) or to otherwise collect information or interact with the Service(s);\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.5.11. Systematically retrieve data or other content from the Service(s) to create or compile, directly or indirectly, in one or more downloads, a collection, compilation, database, directory, or the like, whether by manual or automated methods;\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.5.12. Interfere or tamper with, circumvent, damage, or test the vulnerability of any aspect of the Service(s) or Properties (including any physical item therein), whether by manual or automated methods, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing of email address information, or similar methods or technology;\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.5.13. Infringe, misappropriate, or violate the rights of any individual or organization, including their intellectual property rights (including rights to trade secrets and moral rights), or their privacy, publicity, confidentiality, contractual, property, or other rights;\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.5.14. Use the Service(s) or any Property to transmit, distribute, post, or submit any information concerning any other individual or organization without such individual\u0026#39;s or organization\u0026#39;s permission, including photographs, personal contact information, or credit, debit, calling card, or other account numbers;\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.5.15. Engage in any conduct that: (i) would give rise to civil liability; (ii) is fraudulent, false, misleading, or deceptive; (iii) is defamatory, obscene, pornographic, vulgar, or offensive; (iv) promotes or constitutes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group or otherwise threatens or embarrasses any individual or group; (v) is violent or threatening or promotes violence or actions that are threatening to any other individual or organization; (vi) promotes illegal or harmful activities or substances; or (vii) is restricted or prohibited by or under any of our Additional Terms (defined in Section 19.5);\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.5.16. Perform any activity or create any condition in or on any Booked Property, Amenities, or Property that could create a nuisance, annoyance, or disturbance to any other residents or neighbors of surrounding properties.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.5.17. Attempt to do any of the foregoing or assist or advocate, encourage, permit, or assist any third party (including Your Guests) in doing any of the foregoing.\u003c/p\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.6. \u003cstrong\u003eSafety Features.\u003c/strong\u003e\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e7.6.1. \u003cstrong\u003eSafety Features for STA/Hotel Reservations.\u003c/strong\u003e You acknowledge and agree that the Properties may contain certain safety features such as smoke detectors, smoking detectors, carbon monoxide detectors, fire alarms, or sound level monitoring units as may be required by law, you consent to our use of these safety features, and you agree not to interfere or tamper with these features (as prohibited under Section 7.5.12). You agree to immediately report any problems or need for maintenance or repairs to us. We have a right to enter the STA/Hotel Property to check and maintain these safety features as provided by law. It is expressly understood that you must not, at any time, disable or remove any installed safety feature, and to do so shall be considered a material breach of this Agreement and will be just cause for termination of this Agreement and your removal from the Property.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.6.2. \u003cstrong\u003eSafety Features for Extended Stay Reservations.\u003c/strong\u003e You acknowledge and agree that the Properties may contain certain safety features such as smoke detectors, smoking detectors, carbon monoxide detectors, fire alarms, or sound level monitoring units as may be required by law, you consent to our use of these safety features, you agree not to interfere or tamper with these features (as prohibited under Section 7.5.12), and you shall be responsible for testing any such safety features (except any sound level monitoring units) weekly and immediately reporting any problems or need for maintenance or repairs to us. If battery operated, you are responsible for changing the (\u003cem\u003ee.g.\u003c/em\u003e, smoke detector\u0026#39;s or fire alarm\u0026#39;s) battery as necessary, or immediately reporting to us the need for assistance in changing such battery. We have a right to enter the Extended Stay Property to check and maintain these safety features as provided by law. It is expressly understood that you must not, at any time, disable or remove any installed safety feature, and to do so shall be considered a material breach of this Agreement and will be just cause for termination of this Agreement and your removal from the Property.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.6.3. \u003cstrong\u003eSafety Features for Subscription Reservations.\u003c/strong\u003e You acknowledge and agree that the Properties may contain certain safety features such as smoke detectors, smoking detectors, carbon monoxide detectors, fire alarms, or sound level monitoring units as may be required by law, you consent to our use of these safety features, you agree not to interfere or tamper with these features (as prohibited under Section 7.5.12), and you shall be responsible for testing any such safety features (except any sound level monitoring units) weekly and immediately reporting any problems or need for maintenance or repairs to us. If battery operated, you are responsible for changing the (\u003cem\u003ee.g.\u003c/em\u003e, smoke detector\u0026#39;s or fire alarm\u0026#39;s) battery as necessary, or immediately reporting to us the need for assistance in changing such battery. We have a right to enter the Subscription Property to check and maintain these safety features as provided by law. It is expressly understood that you must not, at any time, disable or remove any installed safety feature, and to do so shall be considered a material breach of this Agreement and will be just cause for termination of this Agreement and your removal from the Property.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.6.4. \u003cstrong\u003eSecurity.\u003c/strong\u003e You acknowledge and agree that certain security measures may be provided by us in connection with the Properties. We reserve the right to commence, expand, reduce or discontinue any such security measures at any time without notice to you.\u003c/p\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.7. \u003cstrong\u003eDamaged Property.\u003c/strong\u003e You are responsible for leaving any Property including the Booked Property in the same condition it was in when you arrived and for following all related Additional Terms applicable to your stay at a Booked Property. You acknowledge and agree that you are responsible for your, Your Guests\u0026#39;, and your and their pets\u0026#39; own acts, omissions, negligence, and willful misconduct. If we reasonably believe that you, Your Guests, or your or their pets have damaged a Booked Property or any Property or damaged or removed or stolen any physical item therein (\u0026quot;\u003cstrong\u003eDamaged Property\u003c/strong\u003e\u0026quot;), we will provide you with reasonable notice and evidence of such damage or suspected removal or theft and will give you two (2) business days to respond to our claim. After this time period, we will be automatically entitled to charge the Applicable Payment Method for the full amount of any lost revenue that we incur as a result of the Damaged Property and the full amount of the greater of the costs and fees actually incurred by us or that we reasonably expect to incur for fixing or replacing the Damaged Property (which may include replacing damaged items with equivalent items) (\u0026quot;\u003cstrong\u003eDamaged Property Fee\u003c/strong\u003e\u0026quot;). Additionally, if you, Your Guests, or your or their pets have damaged a Booked Property or any Property or damaged or removed or stolen any physical item therein we may terminate this Agreement and remove you and any and all of Your Guests from the Booked Property and any Property. We reserve at all times the right to fix the Damaged Property in the manner of our choosing and to pursue in our sole discretion any and all avenues available to us to collect from you the Damaged Property Fee. For example, we may exercise the foregoing right by fixing the Damaged Property over an extended period of time, charging the Applicable Payment Method the sum total of the Damaged Property Fee up front or in installments, or by making one or more claims under your homeowner\u0026#39;s, renter\u0026#39;s, and/or other insurance policy, and you agree to cooperate with and assist us in good faith, and to provide us with such information as we may reasonably request in order to successfully make such claim.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.8. \u003cstrong\u003eYour Personal Items.\u003c/strong\u003e We are not responsible for any of your property or personal items (collectively, \u0026quot;\u003cstrong\u003ePersonal Items\u003c/strong\u003e\u0026quot;) either during the term of this Agreement or that you may leave in any of the Properties after the expiration or earlier termination of this Agreement. Prior to the expiration of the applicable Period of Occupancy, you must remove all of your Personal Items from all applicable Booked Properties and any Property. If you have not done so, and after using commercially reasonable efforts to provide you with reasonable notice, we will be entitled to remove, store, and/or dispose of any Personal Items remaining in any of our Properties in accordance with applicable law, and you waive any claims or demands regarding such Personal Items or our handling of them. You will be responsible for paying any fees reasonably incurred by us regarding such removal, storage, and/or disposal. We recommend that you consider obtaining renter\u0026#39;s insurance or personal property insurance to protect against any damage to or loss of your Personal Items.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e7.9. \u003cstrong\u003eInvestigation and Prosecution.\u003c/strong\u003e We reserve at all times the right to investigate and prosecute any breach of any provision of this Agreement to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who breach any provision of this Agreement. You acknowledge that we have no obligation to monitor your access to or use of the Service(s) or Properties but have the right to do so for the purpose of operating the Service(s), to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.\u003c/p\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e8. \u003cstrong\u003eOwnership; Proprietary Rights.\u003c/strong\u003e The Service(s) are owned and operated by us. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service(s) (\u0026quot;\u003cstrong\u003eMaterials\u003c/strong\u003e\u0026quot;) provided by us are protected by intellectual property and other laws. All Materials included in the Service(s) are our and/or our third-party licensors\u0026#39; property. Except as expressly authorized by us, you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in this Agreement.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e9. \u003cstrong\u003eThird-Party Terms.\u003c/strong\u003e We may provide tools or features through the Service(s) that enable you to interact with, including export information to, third-party websites or services, including through features that allow you to link your Sonder account with an account on a third-party website or service, such as Twitter, Facebook, or a third-party payment processor, or through our implementation of third-party buttons (such as \u0026quot;like\u0026quot; or \u0026quot;share\u0026quot; buttons). By using one of these tools or features, you agree that we may transfer such exported information to the applicable third-party website or service. Third-party websites and services are not under our control, and, to the fullest extent permitted by law, we are not responsible for any third-party service\u0026#39;s use of your exported information. You acknowledge and agree that such interactions with third-party websites or services may be governed by one or more third parties\u0026#39; terms, conditions, and/or policies.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e10. \u003cstrong\u003eUser Content.\u003c/strong\u003e\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e10.1. \u003cstrong\u003eUser Content Generally.\u003c/strong\u003e Certain features of the Service(s) may permit users to submit content to the Service(s), including messages, reviews, ratings, and other types of works (\u0026quot;\u003cstrong\u003eUser Content\u003c/strong\u003e\u0026quot;) and to publish User Content on the Service(s). You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service(s).\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e10.2. \u003cstrong\u003eRatings and Reviews.\u003c/strong\u003e Within a certain timeframe after completing a reservation, you and other users may provide us with a public review (\u0026quot;\u003cstrong\u003eReview\u003c/strong\u003e\u0026quot;) and/or rating (\u0026quot;\u003cstrong\u003eRating\u003c/strong\u003e\u0026quot;) regarding your or such other user\u0026#39;s experience with the Service(s) or at a Booked Property. Reviews and Ratings reflect the opinions of the individual or entity that leaves such Review or Rating, do not reflect our opinion, and may be incorrect or misleading. We may, but are not obliged to, verify any Reviews or Ratings for accuracy. You acknowledge and agree that if you provide a Review or Rating, such Review or Rating must be accurate, may not contain any offensive or defamatory language, may be surfaced anywhere (including publicly) on our Service(s) or a third-party service as permitted by us, and constitute \u0026quot;User Content.\u0026quot;\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e10.3. \u003cstrong\u003eLimited License Grant to Us.\u003c/strong\u003e By providing User Content to or via the Service(s), you grant us an unrestricted, worldwide, perpetual, irrevocable, non-exclusive, freely transferable and sublicensable (including through multiple tiers), royalty-free, and fully-paid right and license to exploit the User Content, in whole or in part, in any manner (including in any language or any media formats and through any media channels now known or hereafter developed) and for any purpose with no obligation or accounting to you.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e10.4. \u003cstrong\u003eUser Content Representations and Warranties.\u003c/strong\u003e We disclaim any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service(s). By providing User Content via the Service(s), you affirm, represent, and warrant that:\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e10.4.1. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize us and our sublicensees to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 10, in the manner contemplated by us, the Service(s), and this Agreement;\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e10.4.2. your User Content, and the use of your User Content as contemplated by this Agreement, does not and will not: (i) infringe, violate, or misappropriate any third party\u0026#39;s right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii)\u0026nbsp;slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other individual or organization; or (iii) cause us to violate any law, rule, or regulation; and\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e10.4.3. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.\u003c/p\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e10.5. \u003cstrong\u003eUser Content Disclaimer.\u003c/strong\u003e We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. We may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates this Agreement or is otherwise objectionable. You understand that when using the Service(s) you may be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, we do not permit copyright-infringing activities on the Service(s).\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e10.6. \u003cstrong\u003eMonitoring Content.\u003c/strong\u003e We do not control and do not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service(s) by its users. You acknowledge and agree that we reserve the right to, and may from time to time, monitor any and all information transmitted or received through the Service(s) for operational and other purposes. If at any time we choose to monitor the content, we still assume no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (if applicable).\u003c/p\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e11. \u003cstrong\u003eDigital Millennium Copyright Act; DMCA Notification.\u003c/strong\u003e We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:\u003c/p\u003e\n\u003cp\u003eSonder DMCA Service Provider\u003cbr/\u003e\nSonder Holdings Inc.\u003cbr/\u003e\nATTN: Office of the General Counsel (Copyright Notification).\u003cbr/\u003e\n447 Sutter Street, Suite 405 #542\u003cbr/\u003e\nSan Francisco, CA, 94108\u003cbr/\u003e\nEmail: \u003ca href=\"mailto:\u0026#x63;\u0026#111;\u0026#112;\u0026#x79;\u0026#114;\u0026#105;\u0026#103;\u0026#x68;\u0026#116;\u0026#64;\u0026#x73;\u0026#x6f;\u0026#110;\u0026#x64;\u0026#x65;\u0026#114;\u0026#46;\u0026#x63;\u0026#x6f;\u0026#109;\"\u003e\u0026#x63;\u0026#111;\u0026#112;\u0026#x79;\u0026#114;\u0026#105;\u0026#103;\u0026#x68;\u0026#116;\u0026#64;\u0026#x73;\u0026#x6f;\u0026#110;\u0026#x64;\u0026#x65;\u0026#114;\u0026#46;\u0026#x63;\u0026#x6f;\u0026#109;\u003c/a\u003e\u003c/p\u003e\n\u003cp\u003eAny notice alleging that materials hosted by or distributed through the Service(s) infringe intellectual property rights must include the following information:\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e11.1. an electronic or physical signature of the individual authorized to act on behalf of the owner of the copyright or other right being infringed;\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e11.2. a description of the copyrighted work or other intellectual property that you claim has been infringed;\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e11.3. a description of the material that you claim is infringing and where it is located on the Service(s);\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e11.4. your address, telephone number, and email address;\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e11.5. a statement by you that you have a good faith belief that the use of the materials on the Service(s) of which you are complaining is not authorized by the copyright owner, its agent, or the law; and\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e11.6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner\u0026#39;s behalf.\u003c/p\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e12. \u003cstrong\u003eModification of this Agreement.\u003c/strong\u003e We reserve the right to change this Agreement (including any of the Additional Terms in accordance with those agreements and applicable law) on a going-forward basis at any time. Please check this Agreement periodically for changes. If a change to this Agreement materially modifies your rights or obligations, we may require that you accept the modified Agreement in order to continue to use the Service(s) or any Properties. Material modifications are effective upon your acceptance of the modified Agreement and we will provide you with reasonable notice prior to such changes taking effect. Please discontinue using the Service(s) and any Property if you do not agree to these changes. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 12, this Agreement may be amended only by a written agreement signed by authorized representatives of the parties to this Agreement.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e13. \u003cstrong\u003eTerm, Termination and Modification of the Service.\u003c/strong\u003e\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e13.1. \u003cstrong\u003eTerm.\u003c/strong\u003e\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e13.1.2. \u003cstrong\u003eTerm for STA/Hotel Reservations.\u003c/strong\u003e This Agreement as applicable to STA/Hotel Reservations and related Services and Properties is effective beginning when you accept it, or first download, install, or otherwise access or use the Service(s) or Properties for STA/Hotel Reservations, and its term ends when the Agreement is terminated as described in Section 13.2.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e13.1.3. \u003cstrong\u003eTerm for Extended Stay Reservations.\u003c/strong\u003e This Agreement as applicable to Extended Stay Reservations and related Services and Properties is effective beginning when you accept it, when you enter into an Extended Stay Agreement with us that incorporates this Agreement by reference, or when you first download, install, or otherwise access or use the Service(s) or Properties for Extended Stay Reservations, and its term shall end in accordance with Section 13.2. The term and termination of any reservation (and the attendant right to use any Extended Stay Property) shall be as set forth in the applicable Extended Stay Agreement or Confirmation.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e13.1.4. \u003cstrong\u003eTerm for Subscription Reservations.\u003c/strong\u003e This Agreement as applicable to Subscription Reservations and related Services and Properties is effective beginning when you accept it, when you enter into a Membership Agreement with us that incorporates this Agreement by reference, or when you first download, install, or otherwise access or use the Service(s) or Properties for Subscription Reservations, and its term shall end in accordance with Section 13.2. The term and termination of any subscription (and the attendant right to use any Subscription Property) shall be as set forth in the applicable Membership Agreement.\u003c/p\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e13.2. \u003cstrong\u003eTermination.\u003c/strong\u003e To the maximum extent permitted by applicable law, if you violate any provision of this Agreement or if Sonder\u0026#39;s lease of, or right to use, any Property terminates or expires for any reason, all of our licenses to you, any permission to use any Property, (including any Booked Property), the Period of Occupancy, and this Agreement (which includes any still active Order Forms) automatically terminate without notice to you and, in addition to the remedies in Section 13.3, we reserve all rights and remedies available to us at law and equity including, without limitation, the right to remove you and Your Guests from any Property. In addition, we may, in our sole discretion, subject to compliance with all applicable law, terminate this Agreement or your account on the Service(s), or suspend or terminate your access to the Service(s), at any time for any reason or no reason, with or without notice.\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e13.2.1. \u003cstrong\u003eTermination by You for STA/Hotel Reservations.\u003c/strong\u003e You may terminate your account and this Agreement as applicable to STA/Hotel Reservations at any time by contacting customer service at \u003ca href=\"mailto:\u0026#x70;\u0026#x72;\u0026#105;\u0026#118;\u0026#97;\u0026#99;\u0026#121;\u0026#x40;\u0026#115;\u0026#111;\u0026#x6e;\u0026#100;\u0026#101;\u0026#114;\u0026#x2e;\u0026#x63;\u0026#x6f;\u0026#x6d;\"\u003e\u0026#x70;\u0026#x72;\u0026#105;\u0026#118;\u0026#97;\u0026#99;\u0026#121;\u0026#x40;\u0026#115;\u0026#111;\u0026#x6e;\u0026#100;\u0026#101;\u0026#114;\u0026#x2e;\u0026#x63;\u0026#x6f;\u0026#x6d;\u003c/a\u003e and requesting that your account be deleted.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e13.2.2. \u003cstrong\u003eTermination by You for Extended Stay Reservations.\u003c/strong\u003e You may terminate your account and this Agreement as applicable to Extended Stay Reservations only if and as expressly permitted in the applicable Extended Stay Agreement or Confirmation.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e13.2.3. \u003cstrong\u003eTermination by You for Subscription Reservations.\u003c/strong\u003e You may terminate your account and this Agreement as applicable to Subscription Reservations only if and as expressly permitted in the applicable Membership Agreement.\u003c/p\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e13.3. \u003cstrong\u003eEffect of Termination.\u003c/strong\u003e Upon termination of this Agreement: (a) all of our applicable licenses to you, any permission or right to use the applicable Properties hereunder, and all applicable Periods of Occupancy automatically terminate and you must immediately cease all use of the applicable Service(s) and, subject to applicable law, the applicable Properties; (b) you will no longer be authorized to access your account or the applicable Service(s) or, subject to applicable law, any applicable Properties; (c) you must pay us any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5, 6.3, 7, 8, 9, 10, 13.3, 14, 15, 16, 17, 18 and 19 will survive.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e13.4. \u003cstrong\u003eModification of the Service.\u003c/strong\u003e\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e13.4.1. \u003cstrong\u003eModification of the Service(s) for STA/Hotel Reservations.\u003c/strong\u003e We reserve the right to modify or discontinue the Service(s) at any time (including by limiting or discontinuing certain features of the Service(s) such as any of our product or Property offerings), temporarily or permanently, without notice to you. We will have no liability for any such change to or discontinuation of the Service(s).\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e13.4.2. \u003cstrong\u003eModification of the Service(s) for Extended Stay Reservations.\u003c/strong\u003e We reserve the right to modify or discontinue the Service(s) at any time (including by limiting or discontinuing certain features of the Service(s) such as any of our product or Property offerings, but not the Extended Stay Property during the Extended Stay Period of Occupancy except as expressly permitted in the Extended Stay Agreement or Confirmation), temporarily or permanently, without notice to you. We will have no liability for any such change to or discontinuation of the Service(s).\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e13.4.3. \u003cstrong\u003eModification of the Service(s) for Subscription Reservations.\u003c/strong\u003e We reserve the right to modify or discontinue the Service(s) at any time (including by limiting or discontinuing certain features of the Service(s) such as any of our product or Property offerings, but not the Subscription Property during the Subscription Period of Occupancy except as expressly permitted in the Membership Agreement), temporarily or permanently, without notice to you. We will have no liability for any such change to or discontinuation of the Service(s).\u003c/p\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e14. \u003cstrong\u003eIndemnity.\u003c/strong\u003e To the fullest extent permitted by law, you are responsible for your use of the Service(s) and Properties, and you will defend and indemnify us and our officers, directors, employees, contractors, consultants, affiliates, subsidiaries, agents, and Landlords (and their property managers, service providers, and agents) (individually a \u0026quot;\u003cstrong\u003eSonder Entity\u003c/strong\u003e\u0026quot; and collectively the \u0026quot;\u003cstrong\u003eSonder Entities\u003c/strong\u003e\u0026quot;) from and against every claim brought by a third party, and any related liability, direct or indirect damage, loss, and expense, including reasonable attorneys\u0026#39; fees and costs, arising out of or connected with: (a) your, Your Guests\u0026#39;, and/or your or their pets\u0026#39; use of, or misuse of, the Service(s) or your, Your Guests\u0026#39;, and/or your or their pets\u0026#39; use, occupation, or misuse of the Properties; (b) your or Your Guests\u0026#39; breach or violation of any portion of this Agreement, any representation, warranty, or agreement referenced in this Agreement, or any applicable law, rule, or regulation (including those put in place by Landlords from time to time); (c) your or Your Guests\u0026#39; infringement, misappropriation, or violation of any third party\u0026#39;s right, including any intellectual property rights (including rights to trade secrets and moral rights), or any privacy, publicity, confidentiality, contractual, property, or other rights; (d) any dispute or issue between you and/or Your Guests and any third party; or (e) any injury, death, or damages sustained by any individual or entity, or to the property of the same (including any pets), where such injury, death, or damage is caused by your, Your Guests\u0026#39;, or your or their pets\u0026#39; acts or omissions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e15. \u003cstrong\u003eDisclaimers; No Warranties.\u003c/strong\u003e\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e15.1. THE SERVICE(S), PROPERTIES, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE(S) AND PROPERTIES ARE PROVIDED \u0026quot;AS IS\u0026quot; AND ON AN \u0026quot;AS AVAILABLE\u0026quot; BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, PROPERTIES, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE AND PROPERTIES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e15.2. WE DO NOT WARRANT THAT THE SERVICE(S), PROPERTIES, MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE(S) AND PROPERTIES, OR ANY PORTION OF ANY OF THE FOREGOING WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND WE DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e15.3. WE DO NOT MAKE ANY WARRANTY REGARDING THE QUALITY OF ANY ASPECT OF THE SERVICE(S), PROPERTIES, OR MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE(S) OR PROPERTIES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE FOREGOING.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e15.4. YOU UNDERSTAND AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OF ANY THIRD PARTY (INCLUDING PETS) OR ANY CONDITION OR CIRCUMSTANCE (\u003cem\u003eE.G.\u003c/em\u003e, CONSTRUCTION) OUTSIDE A PROPERTY. FOR THE AVOIDANCE OF DOUBT, YOU UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY AND ALL CLAIMS RESULTING FROM THE MISCONDUCT OF ANY LANDLORD, PROPERTY OWNER, PROPERTY MANAGER, OTHER GUEST OR RESIDENT AND THAT SUCH CLAIMS ARE TO BE BROUGHT AGAINST SUCH LANDLORD, PROPERTY OWNER, PROPERTY MANAGER, OTHER GUEST OR RESIDENT DIRECTLY.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e15.5. OTHER THAN AS SET OUT IN SECTION 16 BELOW, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE(S), PROPERTIES, ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE(S) OR PROPERTIES, OR ANY SONDER ENTITIES WILL CREATE ANY WARRANTY REGARDING ANY OF THE FOREGOING THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. OTHER THAN AS SET OUT IN SECTION 16 BELOW, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE(S), PROPERTIES, OR ANY OTHER USER, OR ANY GUESTS, INVITEES, OR PETS, OF THE SAME. YOU UNDERSTAND AND AGREE THAT YOU USE ANY ASPECT OF THE SERVICE(S) AND PROPERTIES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR ANY PHYSICAL BELONGINGS USED IN CONNECTION WITH YOUR USE OF THE SERVICE(S) OR PROPERTIES) OR ANY LOSS OF DATA, INCLUDING USER CONTENT, OR ANY LOSS, DAMAGE, OR THEFT OF ANY OF YOUR PROPERTY OR THE PROPERTY OF YOUR GUESTS OR OTHERS KEPT OR STORED IN OR ABOUT THE PROPERTIES OR ANY PERSONAL INJURY OR DEATH OR PET INJURY OR DEATH.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e15.6. WE DO NOT CONTROL ANY FEES THAT MAY BE CHARGED TO YOU BY ANY THIRD PARTY RELATING TO ON-SITE SERVICES OR OUR COLLECTION OF ANY FEES THAT YOU OWE US UNDER THIS AGREEMENT, AND WE DISCLAIM ALL LIABILITY IN CONNECTION WITH THE FOREGOING.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e15.7. WE MAY USE THE SERVICES OF A REAL ESTATE BROKER, AGENT, REFERRAL SERVICE OR SIMILAR PARTY (THE \u0026quot;\u003cstrong\u003eBROKER\u003c/strong\u003e\u0026quot;). YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE BROKER SOLELY REPRESENTS SONDER AND HAS NO OBLIGATION OR DUTY TO YOU, EXCEPT AS REQUIRED BY LAW AND UNLESS OTHERWISE AGREED IN WRITING BY YOU AND SONDER. IN EITHER CIRCUMSTANCE, YOU HAVE THE SOLE OBLIGATION TO PROTECT YOUR INTERESTS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE BROKER SHALL HAVE NO EXPRESS OR IMPLIED RIGHT OR AUTHORITY TO CREATE ANY OBLIGATION ON BEHALF OF SONDER OR BIND SONDER TO ANY CONTRACT, AGREEMENT OR UNDERTAKING. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BROKER WILL CREATE ANY OBLIGATION, REPRESENTATION OR WARRANTY BY SONDER.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e15.8. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT WE ARE PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e15.9. \u0026quot;WE\u0026quot;, AS USED IN THIS SECTION 15 (EXCEPT FOR SECTION 15.4), REFERS TO US AS WELL AS THE APPLICABLE LANDLORD(S), PROPERTY OWNER(S), AND PROPERTY MANAGER(S).\u003c/p\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e16. \u003cstrong\u003eLimitation of Liability.\u003c/strong\u003e\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e16.1. \u003cstrong\u003eFor Users Outside the UK and EU --\u003c/strong\u003e\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e16.1.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY SONDER ENTITY BE LIABLE TO YOU OR YOUR GUESTS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REPUTATION, GOODWILL, INCOME, SALES, REVENUE, BUSINESS, ANTICIPATED SAVINGS, OR DATA, OR FOR BUSINESS INTERRUPTION, WASTED MANAGEMENT OR OFFICE TIME, PROCUREMENT FOR SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE OR INDIRECT LOSS, WHETHER OR NOT ANY SONDER ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e16.1.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (I) YOUR AND YOUR GUESTS\u0026#39; USE OF THE SERVICE(S), ON-SITE SERVICES, PROPERTIES, AND ANY MATERIALS, CONTENT, FURNISHINGS, AND EQUIPMENT AVAILABLE IN OR THROUGH THE SERVICE(S), ON-SITE SERVICES, OR PROPERTIES IS AT YOUR AND YOUR GUESTS\u0026#39; OWN RISK; AND (II) IN NO EVENT WILL ANY SONDER ENTITY BE LIABLE TO YOU OR YOUR GUESTS FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR PROPERTY DAMAGE ARISING OUT OF OR RELATING TO YOUR OR YOUR GUESTS\u0026#39; ACCESS TO OR USE OF, OR YOUR OR YOUR GUESTS\u0026#39; INABILITY TO ACCESS OR USE, THE SERVICE(S), ON-SITE SERVICES, PROPERTIES, OR ANY MATERIALS, CONTENT, FURNISHINGS, OR EQUIPMENT AVAILABLE IN OR THROUGH THE SERVICE(S), ON-SITE SERVICES, OR PROPERTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SONDER ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. ANY USE OF THE SERVICE(S), ON-SITE SERVICES, PROPERTIES, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE(S) OR PROPERTIES IS AT YOUR AND YOUR GUESTS\u0026#39; OWN RISK AND YOU AND YOUR GUESTS RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ANY SONDER ENTITIES IN CONNECTION WITH ANY SUCH USE.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e16.1.3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE SONDER ENTITIES TO YOU AND YOUR GUESTS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR TO THE USE OF OR ANY INABILITY TO USE ANY SERVICE(S), ON-SITE SERVICES, PROPERTIES, OR ANY MATERIALS, CONTENT, FURNISHINGS, OR EQUIPMENT AVAILABLE IN OR THROUGH THE SERVICE(S), ON-SITE SERVICES, OR PROPERTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO US FOR ACCESS TO AND USE OF THE SERVICE(S), ON-SITE SERVICES, AND PROPERTIES IN THE SIX (6) MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM; OR (B) $100.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e16.1.4. YOU ACKNOWLEDGE AND AGREE THAT EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS AGREEMENT WITH RESPECT TO THE BENEFITS DERIVED. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND IS A SPECIFIC INDUCEMENT FOR US TO ENTER IN THIS AGREEMENT. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.\u003c/p\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e16.2. \u003cstrong\u003eFor Users in the UK and EU--\u003c/strong\u003e\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e16.2.1. We are responsible to you only for foreseeable loss and damage we cause. We are responsible to you for loss and damage you suffer, which is a foreseeable result of our breach of the terms of this Agreement and/or our failure to act with reasonable care and skill where required (for example, when providing the Service(s)). We are not liable or responsible for any loss or damage that is not a foreseeable result of our breach of the terms of this Agreement and/or our failure to act with reasonable care and skill. \u003cbr/\u003e\u003cbr/\u003e For reference: in relation to any such breach or failure, loss or damage will generally be \u0026quot;foreseeable\u0026quot; if it is either: (i) obvious that it would happen; or (ii) if, at the time this Agreement is entered into, both you and we knew it might happen.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e16.2.2. We are not liable for business losses. The Services are only for private use by you (and Your Guests, where applicable) acting as a consumer(s) and not for any business purposes whatsoever. If you use the Service(s) for any commercial, business or other for-profit purpose(s), to the fullest extent permitted by law and without prejudice to any rights or remedies available to us, we will have no liability to you whatsoever for: (a)\u0026nbsp;any loss of profit, loss of business, loss of business opportunity, loss of reputation or goodwill, loss of income, sales or revenue, loss of anticipated savings, loss or corruption of data, for any business interruption, or wasted management or office time (regardless of whether these types of loss or damage are direct, indirect or consequential); nor (b) any special, indirect or consequential loss or damage whatsoever.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e16.2.3. We are not liable for loss or damage that is avoidable or that you cause. We will not be liable or responsible for any loss or damage that is: (a) \u0026quot;avoidable\u0026quot; meaning that that loss or damage is something that you could or should have avoided by taking reasonable actions designed to avoid or mitigate that loss or damage; and/or (b) \u0026quot;caused by you\u0026quot; meaning it happens as a result of your breach of any terms of this Agreement and/or your failure to act with reasonable care and skill where required.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e16.2.4. What we do not exclude. Regardless of anything else said in this Agreement, including in Sections 16.2.1 to 16.2.3, nothing in it will limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) our fraud or fraudulent misrepresentation; (c) our failure to act with reasonable care and skill; nor (d) any other liability that cannot be excluded or limited by applicable law.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e16.2.5. Sections 16.2.1 to 16.2.4 shall apply only if your country of residence is in the UK or the EU.\u003c/p\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e17. \u003cstrong\u003eDispute Resolution and Arbitration.\u003c/strong\u003e\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e17.1. \u003cstrong\u003eApplication of this Section 17.\u003c/strong\u003e This Section 17 shall only apply if your country of residence is outside of the UK and the EU. If you reside in the UK or the EU, please refer to Section 18.2 for provisions relevant to you concerning dispute resolution, governing law and jurisdiction.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e17.2. \u003cstrong\u003eGenerally.\u003c/strong\u003e In the interest of resolving disputes between you and Sonder in the most expedient and cost effective manner you and Sonder agree that, except as described in Section 17.3, every dispute arising in connection with this Agreement will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement or relating in any way to your access to or use of the Service(s), On-Site Services or Properties, including claims and disputes that arose between us before the effective date of this Agreement (each, a \u0026quot;Dispute\u0026quot;), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (\u0026quot;Arbitration Agreement\u0026quot;). For purposes of this Arbitration Agreement, \u0026quot;Dispute\u0026quot; will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Agreement as well as claims that may arise after the termination of this Agreement.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e17.3. \u003cstrong\u003eExceptions.\u003c/strong\u003e Despite the provisions of Section 17.2, nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court if such claims qualify and remain in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e17.4. \u003cstrong\u003eInformal Dispute Resolution.\u003c/strong\u003e There might be instances when a Dispute arises between you and Sonder. If that occurs, Sonder is committed to working with you to reach a reasonable resolution. You and Sonder agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Sonder therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (\u0026quot;\u003cstrong\u003eInformal Dispute Resolution Conference\u003c/strong\u003e\u0026quot;). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (\u0026quot;\u003cstrong\u003eNotice\u003c/strong\u003e\u0026quot;), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Sonder that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to \u003ca href=\"mailto:\u0026#x6c;\u0026#x65;\u0026#x67;\u0026#x61;\u0026#x6c;\u0026#64;\u0026#x73;\u0026#x6f;\u0026#110;\u0026#x64;\u0026#101;\u0026#114;\u0026#46;\u0026#x63;\u0026#111;\u0026#x6d;\"\u003e\u0026#x6c;\u0026#x65;\u0026#x67;\u0026#x61;\u0026#x6c;\u0026#64;\u0026#x73;\u0026#x6f;\u0026#110;\u0026#x64;\u0026#101;\u0026#114;\u0026#46;\u0026#x63;\u0026#111;\u0026#x6d;\u003c/a\u003e. Notice to you will be sent to the email address or address associated with your account. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party\u0026#39;s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e17.5. \u003cstrong\u003eWaiver of Jury Trial. YOU AND SONDER HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY.\u003c/strong\u003e You and Sonder are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 17.3 above.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e17.6. \u003cstrong\u003eWaiver of Class and Other Non-Individualized Relief.\u003c/strong\u003e \u003cstrong\u003eYOU AND SONDER AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 17.11, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.\u003c/strong\u003e Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party\u0026#39;s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 17.11 entitled \u0026quot;Batch Arbitration.\u0026quot; Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this Section, \u0026quot;Waiver of Class and Other Non-Individualized Relief,\u0026quot; are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Sonder agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in New York County, New York. All other Disputes shall be arbitrated or litigated in small claims court. This Section does not prevent you or Sonder from participating in a class-wide settlement of claims.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e17.7. Rules and Forum. This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Sonder agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (\u0026quot;\u003cstrong\u003eAAA\u003c/strong\u003e\u0026quot;), in accordance with the Consumer Arbitration Rules (the \u0026quot;\u003cstrong\u003eAAA Rules\u003c/strong\u003e\u0026quot;) then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at \u003ca href=\"https://www.adr.org/sites/default/files/Consumer%20Rules.pdf\"\u003ehttps://www.adr.org/sites/default/files/Consumer%20Rules.pdf\u003c/a\u003e. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the \u0026quot;\u003cstrong\u003eRequest\u003c/strong\u003e\u0026quot;). Sonder\u0026#39;s address for the Request is: Sonder Holdings Inc., 447 Sutter Street, Suite 405 #542, San Francisco, CA, 94108, Attention: Office of the General Counsel, with a copy to \u003ca href=\"mailto:\u0026#108;\u0026#x65;\u0026#103;\u0026#x61;\u0026#x6c;\u0026#64;\u0026#115;\u0026#x6f;\u0026#x6e;\u0026#100;\u0026#x65;\u0026#x72;\u0026#46;\u0026#x63;\u0026#111;\u0026#x6d;\"\u003e\u0026#108;\u0026#x65;\u0026#103;\u0026#x61;\u0026#x6c;\u0026#64;\u0026#115;\u0026#x6f;\u0026#x6e;\u0026#100;\u0026#x65;\u0026#x72;\u0026#46;\u0026#x63;\u0026#111;\u0026#x6d;\u003c/a\u003e. The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3)\u0026nbsp;a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Request shall also include counsel\u0026#39;s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel\u0026#39;s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.\u003cbr/\u003e\u003cbr/\u003e Unless you and Sonder otherwise agree, or the Batch Arbitration process discussed in Section 17.11 is triggered, the arbitration will be conducted in the county where you reside. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e17.8. \u003cstrong\u003eArbitrator.\u003c/strong\u003e The arbitrator will be either a competent retired judge or a competent attorney licensed to practice law in the state of New York and will be selected by the parties from the AAA\u0026#39;s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 17.11 is triggered, the AAA will appoint the arbitrator for each batch.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e17.9. \u003cstrong\u003eAuthority of Arbitrator.\u003c/strong\u003e The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the Section entitled \u0026quot;Waiver of Class and Other Non-Individualized Relief,\u0026quot; including any claim that all or part of that Section is unenforceable, illegal, void or voidable, or that that same Section has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the Section entitled \u0026quot;Batch Arbitration,\u0026quot; all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the Section entitled \u0026quot;Batch Arbitration.\u0026quot; The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e17.10. \u003cstrong\u003eAttorneys\u0026#39; Fees and Costs.\u003c/strong\u003e To the maximum extent permitted by law, the parties shall bear their own attorneys\u0026#39; fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), in which case the arbitrator may shift fees.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e17.11. \u003cstrong\u003eBatch Arbitration.\u003c/strong\u003e To increase the efficiency of administration and resolution of arbitrations, you and Sonder agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Sonder by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of one hundred (100) Requests per batch (plus, to the extent there are less than one hundred (100) Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2)\u0026nbsp;appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (\u0026quot;\u003cstrong\u003eBatch Arbitration\u003c/strong\u003e\u0026quot;). All parties agree that Requests are of a \u0026quot;substantially similar nature\u0026quot; if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (\u0026quot;\u003cstrong\u003eAdministrative Arbitrator\u003c/strong\u003e\u0026quot;). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator\u0026#39;s fees shall be paid by Sonder. You and Sonder agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e17.12. \u003cstrong\u003e30-Day Right to Opt Out\u003c/strong\u003e. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: \u003ca href=\"mailto:\u0026#x6f;\u0026#x70;\u0026#116;\u0026#x6f;\u0026#117;\u0026#x74;\u0026#x40;\u0026#x73;\u0026#x6f;\u0026#110;\u0026#100;\u0026#x65;\u0026#114;\u0026#x2e;\u0026#99;\u0026#111;\u0026#109;\"\u003e\u0026#x6f;\u0026#x70;\u0026#116;\u0026#x6f;\u0026#117;\u0026#x74;\u0026#x40;\u0026#x73;\u0026#x6f;\u0026#110;\u0026#100;\u0026#x65;\u0026#114;\u0026#x2e;\u0026#99;\u0026#111;\u0026#109;\u003c/a\u003e, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Sonder account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e17.13. \u003cstrong\u003eModifications to this Arbitration Provision.\u003c/strong\u003e Notwithstanding any provision in this Agreement to the contrary, we agree that if Sonder makes any future material change to this Arbitration Agreement, it will notify you. Unless you reject the change within thirty (30) days of such change becoming effective by writing to Sonder at 447 Sutter Street, Suite 405 #542, San Francisco, CA, 94108, your continued use of the Services or Properties following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services or Properties, the provisions of this Arbitration Agreement as of the date you first accepted the Agreement (or accepted any subsequent changes to this Agreement) remain in full force and effect. Sonder will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e17.14. \u003cstrong\u003eInvalidity, Expiration.\u003c/strong\u003e Except as provided in Section 17.6, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Sonder as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.\u003c/p\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e18. \u003cstrong\u003eGoverning Law and Jurisdiction\u003c/strong\u003e\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e18.1. \u003cstrong\u003eFor Users Resident Outside the UK and EU.\u003c/strong\u003e This Agreement is governed by the laws of the State of New York without regard to conflict of law principles. You and Sonder submit to the personal and exclusive jurisdiction of the state and federal courts located in New York City, New York for resolution of any lawsuit or court proceeding permitted under this Agreement.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e18.2. \u003cstrong\u003eFor Users Resident In the UK or EU.\u003c/strong\u003e\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e18.2.1. \u003cstrong\u003eGoverning law.\u003c/strong\u003e This Agreement is governed by the laws of England and Wales.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e18.2.2. \u003cstrong\u003eJurisdiction.\u003c/strong\u003e The courts of England and Wales will have non-exclusive jurisdiction for resolution of any claims or proceedings (whether contractual or otherwise) arising out of or related to this Agreement. This means that you can only bring such claims or proceedings against us: (a) in the courts of your country of residence (for example, if you reside in Spain, you can bring a claim against us before the competent Spanish court); or (b) the courts of England and Wales. If Sonder wishes to enforce any of its rights against you, we may do so only in the courts of your country of residence.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e18.2.3. \u003cstrong\u003eLocal law protections.\u003c/strong\u003e Nothing in the Terms shall deprive you of any mandatory protection you have under the law of the country where you are resident, nor access to the courts in that country. Even though this Agreement is governed by the laws of England and Wales, in relation to any claims or proceedings in the courts of the country in which you are resident, if those courts will not apply the laws of England and Wales, then nothing in these Terms will prejudice the application by such courts of any applicable laws in your country of residence.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e18.2.4. \u003cstrong\u003eEuropean Online Dispute Resolution.\u003c/strong\u003e In addition, if your country of residence is in the EU, please note that disputes may be submitted for online resolution to the \u003ca href=\"https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show\u0026lng=EN\"\u003eEuropean Commission Online Dispute Resolution\u003c/a\u003e platform. If you are a UK resident, then you cannot use this European Online Dispute Resolution platform.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e18.2.5. \u003cstrong\u003eApplication\u003c/strong\u003e. Sections 18.2.1 to 18.2.4 shall apply only if your country of residence is in the UK or the EU.\u003c/p\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e19. \u003cstrong\u003eMiscellaneous.\u003c/strong\u003e\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cp\u003e19.1. \u003cstrong\u003eGeneral Terms.\u003c/strong\u003e This Agreement, together with the Privacy Policy (if applicable) and any other agreements expressly incorporated by reference into this Agreement, is the entire and exclusive understanding and agreement between you and Sonder regarding your use of the Service(s) and Properties, and supersedes any previous marketing information, representations or agreements of any kind or nature between the parties relating to the subject matter hereof and whether recorded in writing, or otherwise. You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent, which may be withheld if, for example, we reasonably determine that the potential assignee or transferee is, or is likely to be, a competitor of us, or appears unwilling to or incapable of strictly complying with this Agreement. We may assign or transfer this Agreement, in whole or in part, at any time without notice or consent. The failure to require performance of any provision of this Agreement will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of this Agreement, or any provision of this Agreement, be a waiver of any subsequent breach or default or a waiver of the provision itself. The waiver by us of any provision of the Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other provision of the Agreement, nor will any custom or practice which may develop between the parties be construed to waive or to lessen our right to insist upon your performance of all the provisions of the Agreement, or support a claim of detrimental reliance by you. The specification in the Agreement of certain acts or omissions as bases for removing you from any Property shall not be construed as limiting our rights to remove you for any other reason allowed by applicable law. Our acceptance of a partial payment of any fees or other amounts owed to us pursuant to this Agreement will not constitute a waiver of our right to the full amount due, nor will our acceptance of fees or other amounts owed to us pursuant to this Agreement paid late ever constitute a waiver of our right to terminate this Agreement and remove you from any Property for such habitual late payment. Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of any provision. Nothing in this Agreement will affect your statutory rights as a consumer. Throughout this Agreement the use of the word \u0026quot;including\u0026quot; means \u0026quot;including but not limited to\u0026quot;. If any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e19.2. \u003cstrong\u003eThird Party Rights.\u003c/strong\u003e This Agreement is between you and us. Except where otherwise provided for in this Agreement or in a Limited Use Agreement, no other person shall have any rights to enforce any of its terms, whether under the UK Contract (Rights of Third Parties Act) 1999 or otherwise.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e19.3. \u003cstrong\u003eAdditional Terms.\u003c/strong\u003e Your use of the Service(s) and Properties is subject to all additional terms, policies, rules, guidelines, or instructions applicable to the Service(s) or Properties or certain features of the Service(s) or Properties that we may post on, link to from, or provide you with in writing (e.g., by email, text message, or posted at or provided in the applicable Property) including through the Service or applicable Property, including any Order Forms (and all exhibits, attachments, and addenda thereto), Confirmations and House Rules available at \u003ca href=\"https://www.sonder.com/house-rules\"\u003ehttps://www.sonder.com/house-rules\u003c/a\u003e (the \u0026quot;\u003cstrong\u003eAdditional Terms\u003c/strong\u003e\u0026quot;). All Additional Terms are incorporated by this reference into, and made a part of, this Agreement.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e19.4. \u003cstrong\u003ePrivacy Policy.\u003c/strong\u003e If you are based outside the UK and EU, Your use of the Service and Properties is also subject to our \u003ca href=\"/privacy-policy\"\u003ePrivacy Policy\u003c/a\u003e that we post on our website, as it may be updated from time to time (our \u003cstrong\u003ePrivacy Policy\u003c/strong\u003e). Please read our Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. By accepting this Agreement, you agree to the sharing of your personal information in compliance with the Privacy Policy and all applicable law, for the purpose of and in connection with providing the Service(s) to you.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e19.5. \u003cstrong\u003eConsent to Electronic Communications.\u003c/strong\u003e By using the Service(s) and Properties, you acknowledge that the Service(s) include certain electronic communications from us such as SMS text communications and as further described in our \u003ca href=\"https://www.sonder.com/privacy-policy\"\u003ePrivacy Policy\u003c/a\u003e (if applicable) and you consent to receiving such electronic communications. Please read our \u003ca href=\"https://www.sonder.com/privacy-policy\"\u003ePrivacy Policy\u003c/a\u003e to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. Sonder provides concierge support and other services for our guests via SMS on an opt in basis. For more information click \u003ca href=\"https://www.sonder.com/short-code-terms-and-conditions\"\u003ehere\u003c/a\u003e.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e19.6. \u003cstrong\u003eContact Information.\u003c/strong\u003e You may contact us at 447 Sutter Street, Suite 405 #542, San Francisco, CA, 94108, Attention: Office of the General Counsel. If you have a question or complaint, you may contact us by sending correspondence to that address or by contacting us at the contact information located at \u003ca href=\"https://www.sonder.com/help\"\u003ehttps://www.sonder.com/help\u003c/a\u003e.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e19.7. \u003cstrong\u003eNotice to California Residents.\u003c/strong\u003e If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or Properties, or to receive further information regarding use of the Service or Properties.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e19.8. \u003cstrong\u003eNo Support.\u003c/strong\u003e We are under no obligation to provide support for the Service(s) or Properties. In instances where we may offer support, the support will be subject to published policies.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e19.9. \u003cstrong\u003eForce Majeure.\u003c/strong\u003e We will not be liable to you or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control including but not limited to severe weather, power, or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war, civil unrest, or other similar events of \u0026quot;force majeure\u0026quot;.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e19.10. \u003cstrong\u003eAttorneys\u0026#39; Fees and Expenses.\u003c/strong\u003e If we are required to engage legal counsel to enforce the conditions of this Agreement, to collect any amounts due, to remove you or your belongings from a Property, you shall be responsible for all lawyers\u0026#39; fees and expenses incurred in connection with the foregoing.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e19.11. \u003cstrong\u003eInternational Use.\u003c/strong\u003e The Service(s) and Properties are intended for visitors located within the United States, Canada, Mexico, United Arab Emirates, European Union and United Kingdom. We make no representation that the Service is appropriate or available for use outside of these countries or territories. Access to the Service(s) or Properties from or in countries or territories or by individuals where or for whom such access is illegal is prohibited.\u003c/p\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e20. \u003cstrong\u003eUnited States Export Control \u0026amp; Foreign Assets Control Regulations.\u003c/strong\u003e You hereby confirm that you are not included on the United Nations list of sanctioned persons, the European Union\u0026#39;s list of designated parties, or the United States Treasury Department\u0026#39;s Office of Foreign Assets Control list of specially designated nationals and blocked persons (the \u0026quot;\u003cstrong\u003eOFAC SDN List\u003c/strong\u003e\u0026quot;). If you are entering into this Agreement on behalf of an entity or organization, you hereby certify that such entity or organization (i) is not owned or controlled by the government of any country that is subject to an economic embargo maintained by the United States Government; (ii) is not not headquartered in any such embargoed country or region; and (iii) is not owned or controlled by any person or legal entity listed on the OFAC SDN List.\u003c/p\u003e\n\u003c/li\u003e\n\u003cli\u003e\u003cp\u003e21. \u003cstrong\u003eNotice Regarding Apple.\u003c/strong\u003e This Section 21 applies only to the extent you are using our mobile application on an Apple-branded product (our \u0026quot;\u003cstrong\u003eApp\u003c/strong\u003e\u0026quot;). You acknowledge that this Agreement is between you and Sonder only, not with Apple Inc. (\u0026quot;\u003cstrong\u003eApple\u003c/strong\u003e\u0026quot;), and Apple is not responsible for the Service(s) or the content thereof. The license granted to you in Section 6.1 of this Agreement with respect to our App is limited to your use of such App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing. Apple has no obligation to furnish any maintenance and support services with respect to the Service(s). If the Service(s) fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service(s). Apple is not responsible for addressing any claims by you or any third party relating to the Service(s) or your possession and/or use of the Service(s), including: (a) product liability claims; (b) any claim that the Service(s) fail to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and/or discharge of any third-party claim that the Service(s) and/or your possession and use of the Service(s) infringe a third party\u0026#39;s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service(s). Apple and Apple\u0026#39;s subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a \u0026quot; terrorist supporting\u0026quot; country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.\u003c/p\u003e\n\u003c/li\u003e\n\u003c/ol\u003e\n","_sentryTraceData":"d72cf1ab8e9746f8ac6dfc1b540d7fd9-853677bf32ca9975-0","_sentryBaggage":"sentry-environment=production,sentry-release=829d4e9,sentry-public_key=1b71bcb3ae4a4989be904fd24d0564af,sentry-trace_id=d72cf1ab8e9746f8ac6dfc1b540d7fd9,sentry-transaction=%2Fterms-of-service,sentry-sampled=false"},"__N_SSP":true},"page":"/terms-of-service","query":{},"buildId":"829d4e9","assetPrefix":"https://assets.sonder.com/n/p","isFallback":false,"gssp":true,"customServer":true,"locale":"en-US","locales":["en-US","en-CA","en-GB","fr-CA","fr-FR","es-ES","es-MX","it-IT"],"defaultLocale":"en-US","scriptLoader":[]}</script></body></html>