Terms and Conditions

Rental Agreement

IMPORTANT- IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS OUTSITE RENTAL AGREEMENT (“TERMS”), DO NOT ENTER YOUR INFORMATION TO AGREE TO A RENTAL AND DO NOT CLICK “CONFIRM BOOKING” OR "BOOK NOW" OR “CONFIRM AND PAY”. YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING “CONFIRM BOOKING”, "BOOK NOW", “CONFIRM AND PAY” AND/OR TICKING THE CHECKBOX TO AGREE TO THESE TERMS AND CONDITIONS OF OUTSITE, YOU ARE ENTERING INTO AN AGREEMENT WITH OUTSITE INC. (“OUTSITE”) AND INDICATING THAT YOU HAVE READ IN FULL, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO RENT THROUGH OUTSITE. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.

These Terms incorporate by reference the use of the Outsite website, hereinto also referred to as “Site” and Outsite services terms of use. These Terms apply with respect to the use of Outsite’s website and services and the booking and rental of accommodation at an Outsite property.

Changes: Outsite reserves the right, at its sole discretion, to modify these Terms. If we change these Terms we will update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site.

Age Restrictions: The Site and our rentals will only be rented to those persons who are 21 years of age or older. You represent and warrant that you are 21 years of age or older.

Reservations: When you make a selection for a rental booking, we will send you a confirmation of your selection if there's availability. The confirmation page will specify the location of the accommodation, the rental term, rental rates, and maximum occupancy. You agree not to exceed the maximum occupancy for the rental. You agree to abide by the Code of Conduct and Rental Rules at the end of this Agreement at all times while at the property and shall cause all members of the rental party and anyone else you permit at the rental (e.g. any guests of yours) to abide by these Code of Conduct and Rental Rules at all times while at the property. If you have an extra guest over Outsite requires you to register the extra guest with the reservations department and to pay an extra guest fee per day or night. You further agree that Outsite has the right to enter the rental without prior notice for maintenance purposes. Outsite also reserves the right to change the guests' reserved accommodation for a similar accommodation depending on availability. Reservations are non-transferable.

Minimum/Maximum Night Stay Policy: Each property has a minimum night stay policy and a maximum night stay policy as advertised on the website (https://app.outsite.co/)

Check-In/Check-Out: Check-in and check-out times are not flexible. If you'd like to extend your reservation please contact reservations@outsite.co 24 hours in advance. In the event that you do not check-out in a timely manner and cannot be reached you will be charged for an extra night.

Payment: You agree to pay the full payment as specified in the confirmation page. Please know we require full payment in order to confirm this reservation. All payments are due at the time the reservation is confirmed. By agreeing to this Agreement you give Outsite authorization to charge the balance due to your credit card. You also understand and agree that Outsite can charge any balance due for extensions and/or extra charges to your credit card on file. In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Outsite or its third-party payment processor(s). You agree to pay Outsite for any confirmed bookings made in connection with your Outsite account in accordance with these Terms. You hereby authorize the collection of such amounts by charging the payment method provided as part of requesting the booking. Payment will be processed either directly by Outsite or indirectly, via a third-party payment processor. Please review such terms and conditions and privacy policy before using such third-party services. By making payment via credit card you will be required to accept the terms and conditions of the applicable third-party payment processor.

Discounts, credits and offers Policy: Discounts and offers cannot be bundled, only one discount or offer valid per reservation. A qualifying reservation must have a total value (excluding guest fees or taxes) of at least $75 after the discount. Discounts, credits and offers cannot be added to a reservation retroactively.

Termination, Changes and Cancellations: Outsite reserves the right to terminate any service at any time. Outsite further reserves the right to terminate your participation in and use of the Site and any services, immediately and without notice, if you fail to comply with these Terms. If you violate any of these Terms, Outsite may evict you from the rental. Once we have confirmed your booking for a rental, no cancellations may be made and no refunds will be provided except as follows. If you wish to cancel/shorten/change your confirmed reservation for a rental: No refund will be given for cancellations and changes made to reservation less than 14 days prior to check-in date. Outsite will determine, in its reasonable discretion, how to handle requests for changes or cancellations within 14 days of the check-in date. If you would like to request any changes or require assistance please email us at reservations@outsite.co

Cancellation Policy: If you wish to cancel, shorten or change this reservation: No refund will be given for cancellations and changes made to a reservation less than 14 days prior to check-in date. All refunds will incur a 3% processing fee.

Pets: No pets, including dogs, cats, birds, fish or other domestic pet or animal of any kind may be kept on or about the property without Outsite’s written consent.

Noise and Disrupting Activities: You and/or your guests shall not disturb, annoy, endanger or inconvenience other guests of the building, neighbors, Outsite employees or its agents or workmen nor violate any law, nor commit or permit waste or nuisance in or about the property. Further, You and/or your guests and invitees shall not do or keep anything in or about the property that will obstruct the public spaces available to other guests. Violating Outsite’s No Noise After 10:00 P.M. policy, either by you or your guests, or any activity that interferes with the convenience of other guests, is prohibited.

No Drugs or Weapons: All guests are prohibited from ever bringing any weapons or illegal drugs into an Outsite location and/or Partner Property. Outsite will terminate your participation in and use of the Site and any services immediately.

Illegal Practices and Unethical Behavior: If you and/or your guests are found to be partaking in illegal practices and/or unethical behavior, Outsite will terminate your participation in and use of the Site and any services immediately. By agreeing to these Terms You hereby represent and warrant that You and your guests are in good standing with the law.

Insurance: We encourage all guests to purchase traveler’s or renter’s insurance. Outsite is not responsible for any material or human loss. You acknowledged that Outsite does not maintain insurance to cover travel expenses, travel accidents, personal property damage or loss caused by fire, theft, rain, water overflow/leakage, acts of GOD, and/or any other causes. You acknowledge and agree that Outsite is not liable for these occurrences. You acknowledge and agree that your own insurance policy shall solely indemnify you for any losses sustained. Your failure to maintain your own policy shall be a complete waiver of your right to seek damages against Outsite for the above stated losses. The parties acknowledge and agree that the property are not to be considered a security building which would hold Outsite to a higher degree of care.

No Subletting or Assigning: You agree not to assign or sublet any Outsite property or any part thereof, without first obtaining written permission from Outsite.

Possession: If property cannot be delivered to you on the agreed date due to loss, total or partial destruction of the property, or failure of previous guests to vacate, either party may terminate this agreement upon written notice to the other party. It is acknowledged and agreed that either party in such an event shall have no liability to each other except that all sums paid to Outsite will be immediately refunded to you.

Waiver: Outsite’s failure to require compliance with the conditions of this agreement, or to exercise any right provided herein, shall not be deemed a waiver by Outsite of such condition or right. Outsite’s acceptance of rent with knowledge of any default under this or any agreement by you shall not be deemed a waiver of such default, nor shall it limit Outsite’s rights with respect to that or any subsequent right. It is further agreed between the parties that the payment of rent at any time shall not be a waiver to any UNLAWFUL DETAINER action unless Outsite in writing specifically acknowledges that this constitutes a waiver to the UNLAWFUL DETAINER action.

Validity/Severability: If any provision of this agreement is held to be invalid, such invalidity shall not affect the validity or enforceability of any other provision of this agreement.

Right of Inspection: You consent and agree that Outsite and its representatives have the right to enter and inspect the property for any reason, upon 24-hour advance notice to you.

Personal property of Primary Guest or Rental Party: Once Primary Guest vacates the property, Outsite shall store all personal property left in the property for 18 days. If within that time period the Primary Guest does not claim said property, Outsite may dispose of said items in any manner Outsite chooses.

Disclaimers: YOU AGREE THAT, IF YOU USE THE SITE OR RENT ANY RENTAL, YOU DO SO AT YOUR SOLE RISK. THE SITE, SERVICES, AND RENTALS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, OUTSITE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. OUTSITE MAKES NO WARRANTY THAT THE SITE, SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY RENTAL EQUIPMENT OR property, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. OUTSITE MAKES NO WARRANTY REGARDING THE QUALITY OF RENTAL propertyIES, THE SERVICES OR MATERIALS ON THE SITE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY MATERIALS OBTAINED THROUGH THE SITE OR SERVICES.

Body of Water Waiver: BY ACCEPTING THIS RESERVATION YOU UNDERSTAND THAT THE RIVERS AND BEACHES NEXT TO THE RENTAL propertyIES INVOLVE CERTAIN RISKS. THESE RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE RISK OF INJURY RESULTING FROM POSSIBLE ILLNESS AND INFECTION AND INJURIES RESULTING FROM SWIMMING, TRIPPING OR FALLING IN THE WATER INCLUDING DROWNING AND DEATH. BY ACCEPTING THIS RESERVATION YOU AGREE, UNDERSTAND AND ASSUME ALL RISKS.

Palm Tree Waiver: BY ACCEPTING THIS RESERVATION YOU UNDERSTAND THAT THERE ARE PALM TREES WITH COCONUTS ON THE SOME OF OUR RENTAL propertyIES. OUTSITE, INC IS NOT RESPONSIBLE FOR ANY DAMAGES OR INJURY, INCLUDING DEATH RESULTING FROM THE FALL OR INGESTION OF THESE PALM TREES AND/OR COCONUTS. BY ACCEPTING THIS RESERVATION YOU AGREE, UNDERSTAND AND ASSUME ALL RISKS.

Bikes, Surfboards and/or Sports Gear Waiver: BY ACCEPTING THIS RESERVATION YOU ARE AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH THE USE OF ALL SPORTS GEAR OR ANY OTHER EQUIPMENT BORROWED, INCLUDING BUT NOT LIMITED TO BIKES AND SURFBOARDS. YOU FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, property DAMAGE AND LOSS RESULTING THEREFROM. YOU ARE ALSO RESPONSIBLE FOR ANY DAMAGE TO THE SPORTS GEAR, OR ANY OTHER EQUIPMENT BORROWED. BY ACCEPTING THIS RESERVATION YOU AGREE, UNDERSTAND AND ASSUME ALL RISKS.

BBQ Waiver: BY ACCEPTING THIS RESERVATION YOU ARE AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH THE USE OF A BBQ. YOU FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, property DAMAGE AND LOSS RESULTING THEREFROM. YOU ALSO ACKNOWLEDGE THAT YOU WILL BE RESPONSIBLE FOR ANY DAMAGE TO THE BBQ, property AND property CAUSED BY YOUR USE OF THE BBQ. BY ACCEPTING THIS RESERVATION YOU AGREE, UNDERSTAND AND ASSUME ALL RISKS.

Hot Tub Waiver: BY ACCEPTING THIS RESERVATION YOU UNDERSTAND THAT THE USE OF A HOT TUB INVOLVES CERTAIN RISKS. THESE RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE RISK OF INJURY, ILLNESS AND INFECTION INCLUDING DROWNING AND DEATH. BY ACCEPTING THIS RESERVATION YOU AGREE, UNDERSTAND AND ASSUME ALL RISKS.

Pool Waiver: BY ACCEPTING THIS RESERVATION YOU ARE AWARE OF THE RISKS AND RECOGNIZE AND UNDERSTAND THAT USING THE SWIMMING POOL IN THE PROPERTY INVOLVES CERTAIN RISKS. THESE RISKS INCLUDE BUT ARE NOT LIMITED TO, THE RISK OF INJURY RESULTING FROM POSSIBLE INJURIES RESULTING FROM TRIPPING OR FALLING IN THE WATER INCLUDING DROWNING AND DEATH. GUESTS ACCEPTING THIS RESERVATIONUNDERSTAND THIS AND HOLD OUTSITE, INC HARMLESS.

Rooftop Terrace Access Waiver: BY ACCEPTING THIS RESERVATION YOU ARE AWARE OF THE RISKS AND AGREE AND UNDERSTAND THAT YOU ENTER AND USE THE ROOFTOP FACILITY AT YOUR OWN RISK. You understand that in using the Rooftop Facility there is a possibility of accidental or other physical injury and/or death and/or loss of or damage to your personal property. YOU AGREE TO ASSUME ALL RISK OF SUCH PHYSICAL INJURY OR LOSS OF OR DAMAGE TO PROPERTY. YOU HEREBY WAIVE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, OUTSITE INC, OWNER, ITS AFFILIATES, AGENTS AND REPRESENTATIVES, AND ANY OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, MEMBERS, EMPLOYEES THEREOF, INCLUDING WITHOUT LIMITATION, THE MANAGEMENT COMPANY MANAGING THE BUILDING, FROM ANY LIABILITY, LOSS, COST, EXPENSE, CLAIM, SUIT OR DAMAGE RESULTING FROM OR RELATED TO MY USE OF THE ROOFTOP FACILITY. YOU ALSO CONFIRM THAT YOU HAVE READ THE RULES BELOW AND YOU UNDERSTAND AND AGREE THAT:

• Use: In no event shall any user release or discharge or permit the release or discharge of any item or object over the side of the Building. In no event shall any user lean against, sit on, pass-over, or otherwise travel beyond the railings enclosing the Rooftop Facility, it being understood that users shall not access any portion of the roof outside the boundaries of the Rooftop Facility. Personal radios, tape recorders, or other similar equipment may not be used without headphones. The use of drones or the discharge of any item above the building is prohibited. All litter, trash, or other garbage shall be disposed of in receptacles provided.
• Hours of Operation: The facilities may be used Monday through Sunday 7:00am to 10:00pm. Outsite may close the Rooftop Facility at any time and from time to time as needed, for purposes of repair, cleaning, emergency, or for any other reason. -Conduct: Any conduct which unreasonably interferes with the use of enjoyment of the facility or the equipment by other persons, or disrupts or interferes with the normal, safe orderly, and efficient operation of the facility is strictly prohibited.
• Alcohol/Tobacco Products: Smoking of any kind or any consumption of tobacco products or alcohol is strictly prohibited while using the Rooftop Facility. Alcoholic beverages are prohibited and shall not be brought onto the Rooftop Facility.
• Notices, Complaints, or Suggestions: Users must immediately notify building management in the event they discover any unsafe or hazardous defect or condition relating to the Rooftop Facility, or any serious breakage, fire or disorder at the Rooftop Facility.
• Violation of Rules: Failure or refusal to comply with these rules and regulations shall, at the option of Outsite, result in the immediate loss of individual privileges and termination of services.

Limitation of Liability: YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND MATERIALS, LISTINGS OR BOOKING OF ANY RENTAL propertyIES REMAINS WITH YOU. YOU AGREE THAT OUTSITE WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OUTSITE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL OUTSITE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM ANY BOOKING OF ANY RENTAL EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR RENTALS IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OUTSITE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Damages: You are responsible for leaving the rental property as you found it. If we find any damages upon check-out inspection we will notify you and charge your credit card on file. You will be responsible for any damages caused by you and your guests.

No Alterations: You may not alter the rental property in any way without prior authorization this includes but is not limited to moving furniture and hanging items/signs.

Indemnification: You agree to indemnify, defend and hold Outsite and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or materials or your violation of these Terms; (b) booking of a rental, or (c) the use, condition or rental of a rental by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a rental, including any injuries to any third parties as a result of your use (or the use by any of your guests or invitees) of any Outsite property, activity, and/or rental equipment. We encourage all renters to purchase traveler insurance or renter’s insurance.

Dispute, Resolution and Binding Arbitration Provision: Definitions. As used in this Arbitration Provision, the terms “Outsite,” “we,” “us,” and “our” refer to Outsite; the terms “you” and “your” refer to you as an individual and any legal entity you control, work for, or represent when you access or use the Products. The word “Claims” means all claims, disputes, or controversies between you and us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Site, services and/or rentals. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision. Governing Law. These Terms are governed by United States federal law and the substantive and procedural laws of the State of California, without regard to its conflicts of law provisions, as though entered into between two residents.

Informal Efforts to Resolve Dispute: If a dispute arises between you and Outsite, you shall first attempt to resolve it by contacting our Customer Service Center at (208) 305-1199. Outsite will attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt. Agreement to Arbitrate; Right to Opt Out: If informal efforts to resolve Claims fail, you agree that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) you may assert Claims in a small claims court in the United States if your Claims meet the court’s jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award to you on an individual basis the same damages and forms of relief as a court could (including injunctive and declaratory relief as well as statutory damages). ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT PERMITTED. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY OUTSITE IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THESE TERMS BY MAILING AN OPT-OUT REQUEST TO OUR CUSTOMER SERVICE CENTER. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH OUTSITE, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF SITE, APP AND/OR SERVICES TO YOU BY US. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.

Arbitration Fees: The allocation and payment of all filing, administration and arbitrator fees will be governed by the rules of the JAMS (“JAMS”) commercial arbitration rules. The arbitration will be conducted by the JAMS under its commercial arbitration rules if you are a resident of the United States; if your use of the Site, services and/or rentals has been principally for personal or household use, the JAMS’ procedures for consumer-related disputes including the minimum fairness standards will also apply. If you are a resident of a country other than the United States or the European Union, the arbitration will be conducted by the JAMS in San Diego, California, under its rules for international arbitration, and you and we agree to submit to the personal jurisdiction of the U.S. federal court in San Diego, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. If you are a resident of a country within the European Union, the arbitration will be conducted by the JAMS in Paris, France, under its rules for international arbitration, and you and we agree to submit to the personal jurisdiction of the courts in Paris, France in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control. The arbitration will be conducted in the English language by a single arbitrator who is a licensed trial attorney or licensed trial advocate with at least fifteen years’ experience in consumer and technology transactions and who is also a member of the JAMS roster of arbitrators. If you and Outsite cannot agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then JAMS will pick a neutral arbitrator who meets the qualifications. The JAMS rules are available at http://www.jamsadr.com, or by calling the toll free number: 1-800-352-5267 from inside the United States or +44 207 583 9808 from outside the United States.

Initiating Arbitration: To begin an arbitration proceeding, you must follow the procedures specified by the applicable JAMS rules as described on their website at http://www.jamsadr.com.

Time Restriction: YOU MUST FILE A COMPLAINT WITH JAMS OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.

Arbitration Process: Because appearing in person for arbitration can be unduly burdensome in the circumstances, arbitration under this Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the JAMS that is the most convenient for you. The arbitration can only decide Claim(s) between you and us, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable JAMS rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. In conducting the arbitration proceeding, the arbitrator will apply the law of the State of California (without regard to its conflicts of law provisions) including U.S. federal law for matters covered by federal law (e.g. the Federal Arbitration Act). The confidentiality provisions of these Terms will be enforceable under the provisions of the California Uniform Trade Secrets Act, California Civil Code Section 3426, as amended. At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the JAMS rules or the Federal Arbitration Act.

Recovery and Attorneys’ Fees: The prevailing party in any arbitration shall be entitled to an award of reasonable attorney’s fees, but in no event shall such award exceed five thousand U.S. dollars ($5,000).

Confidentiality: You and Outsite shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to your or our attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.

Continuing Obligation to Arbitrate; Severability: This Arbitration Provision shall survive termination of your access to or use of any Site, services, rentals and related agreements. If any portion of this Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Arbitration Provision.

RENTAL RULES - ALL GUESTS MUST ABIDE BY THESE RULES:

1. CHECK-IN/CHECK-OUT: Check-in/check-out times are not flexible. If you have any questions or special requests please contact reservations@outsite.co. Failure to check-out in a timely manner may result in an extra charge.

2. BE MINDFUL: Please leave shoes at the entrance.Please maintain the property orderly and clean and be conscientious of other guests. Common areas are professionally cleaned once a week, but there is no daily housekeeping service.

3. NO SMOKING: Smoking is not allowed on the property, yes this includes balconies. Please smoke outside far away from the property. This includes vaping and all other kinds of smoking.

4. NO EXTRA GUESTS: People other than those in your confirmed reservation may not visit or stay overnight in the property without prior authorization. You must not exceed the occupancy limit associated with the rental property or a fee will be assessed per extra guest per day/night.

5. NO NOISE AFTER 10:00 PM: You must not create noise at a level that disturbs other guests or neighbors. Violation of this rule may result in immediate eviction.

6. BE ORGANIZED: Please maintain the property orderly and clean and be conscientious of other guests. Common areas are professionally cleaned once a week, but there is no daily housekeeping service.

6. SECURITY: Please turn off all lights and appliances and close/lock all doors and windows on your way out and at night.

7. NO PETS: Pets are not allowed on the property without prior authorization.

8. PARKING: Any illegally parked cars are subject to towing; applicable fines/towing fees are the sole responsibility of the vehicle owner.

9. GARBAGE: All full garbage must be placed in the proper garbage or recycling bins.

10. NO CANDLES: Please do not use candles or any other burning material including sage or incense, the use of burning materials in the property is prohibited.

Membership

1. Acceptance of Terms.

• IMPORTANT- IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS OUTSITE MEMBERSHIP SUBSCRIPTION AGREEMENT (“TERMS” or “TOU”), DO NOT ENTER YOUR INFORMATION TO AGREE TO BECOME A MEMBER AND DO NOT CLICK “BECOME A MEMBER” OR "CONFIRM". YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING “BECOME MEMBER”, "CONFIRM", AND/OR TICKING THE CHECKBOX TO AGREE TO THESE TERMS AND CONDITIONS OF OUTSITE, YOU ARE ENTERING INTO AN AGREEMENT WITH OUTSITE INC. (“OUTSITE”) AND INDICATING THAT YOU HAVE READ IN FULL, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO BECOME A MEMBER.
• This Membership Subscription Agreement is between Outsite, Inc. (“Outsite”) and the individual accepting this Agreement herein referred to as (“Member”).
• The services Outsite provides to Member are subject to the following Terms of Use ("Terms” or “TOU") and conditions set forth in this Agreement.
• Outsite reserves the right, at its sole discretion, to modify these Terms. If we change these Terms we will publish it on the website. By continuing to access or use the Site you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site.
• The Membership Subscription is only available to those individuals who are 21 years of age or older. By accepting this agreement you represent and warrant that you are 21 years of age or older.
• Outsite Inc reserves the right to screen the Member by asking for the Member’s full name, date of birth, profile links and photo identification in order to determine the Member’s eligibility for the Membership Subscription. Please read our Privacy Policy.
• This Membership Subscription Agreement is valid from the date agreed to herein as the Membership Subscription start date.

2. Use of Services.

Payment Options

• Annual - $199/Year Subscription: Members who choose this option understand and agree that they will pay $199 fee per year for the Membership Subscription. The Member will be charged $199 on their Membership start date and the Subscription will auto-renew one year from the Membership start date unless the renewal is canceled by the Member prior to the renewal date.
• Lifetime - $499/One-Time Subscription: Members who choose this option understand and agree that they will pay a one-time $499 fee for their Membership Subscription. The Member will be charged $499 on their Membership start date. Members who choose this option understand and agree that they will be subscribed to the Outsite Membership indefinitely, unless a violation of terms of use results in termination of their Membership Subscription or if Outsite Inc ceased business operations.

Terms of service

• The Member can book overnight stays, herein also referred to as “reservations” at any Outsite location (Outsite Locations: https://www.outsite.co/locations) by booking a reservation on the outsite.co website.
• When making a reservation the Member understands and agrees that:
  • Each location has a minimum night stay policy and it varies depending on the location.
  • The Member can only book a maximum of 90 consecutive nights at a time in the same location in a 120-night period. A request for extension may be granted or declined by Outsite. There is a fee for extra guests. All extra guests need to be registered prior to check-in and a fee will be charged per guest per night. An extra guest is defined as someone staying in the same room as the Member.
  • The Member weekly rate is 15% discount off the nightly rate, the monthly rate is 30% discount off the nightly rate and the extended rate is 35% discount off the nightly rate.
  • Weekly, monthly and extended rate discounts are based on the length of stay of a confirmed reservation. In order for a reservation to qualify for a length of stay discount the stay must be consecutive, must be booked for the total number of nights indicated above or more and must be in the same location. Changes to a confirmed reservation may affect these discounts
  • Availability and pricing may vary depending on location, season, holidays and weekends.
  • The purchase of a Membership subscription does not guarantee availability at Outsite locations.
  • In order to confirm a reservation full payment is required. Outsite reserves the right to charge the credit card on file and/or withhold services if payments are not received on time.
  • Outsite's reservation cancellation and change of reservation policies apply.
  • Each location has its own Policies and Terms and Conditions that the Member will need to agree to prior to making a reservation.
• The Member acknowledges that he/she cannot access the Outsite locations at any time without a confirmed reservation.
• The Membership Subscription is non-transferable and can only be used by/for the Member who purchased the Membership Subscription.
• The Member acknowledges any unused discounts, perks and offers will not accrue and can only be redeemed by/for the Member.

Cancelation and termination

• The Member can cancel the Membership Subscription at any time by contacting Outsite through the website or by emailing reservations@outsite.co.
• The Member agrees and understands that their Membership Subscription cannot be terminated or canceled as long as they have active reservations in Members only locations. An active reservation is a reservation that is pending, current or upcoming.
• The Member agrees and understands that when the Membership Subscription is canceled and/or terminated any active reservations in NonMember locations will lose their Member discounts and will revert back to the higher NonMember rate.
• The Member understands and agrees that all Membership Subscription payments are final and non-refundable.
• The Member agrees to abide by all of Outsite’s Guidelines, House Rules, Policies, and Terms and Conditions and agrees and understands that the violation of any Guideline, House Rule, Policy, and/or Term or Condition will result in an immediate termination of their Membership Subscription.

Rewards Credits Program:

• Outsite Rewards is a program aimed at rewarding loyal Members with credits toward future stays at Outsite locations worldwide.
• Outsite Members earn 1% rewards on all stays. This will apply to bookings made after August 29th 2024, midnight, UTC.
• Your Rewards dashboard can be found at outsite.co under your account. Log in and click on the "Rewards" tab. There, you'll see your current Outsite Credit and important dates to keep in mind for making sure you're making the most of how much Credit you could earn. You'll also see how much Credit you've spent already, giving you a clear picture of how much Rewards have helped you save.
• Redeeming your Credit Rewards is quite simple. When making a booking at Outsite, you'll be given the option to redeem Credit prior to finalizing your purchase. Simply allocate your Credit toward the stay you're booking and the Credit will be applied.
• Please know that Outsite Credits will only apply to 50% of the total amount of your reservation and they are valid to be redeemed towards individual reservations only. For example if your reservation total comes to $200, you will only be able to use $100 Outsite Credits towards your reservation.
• A Membership Subscription must be maintained to retain accumulated Credits. If a Member cancels his/ her Membership Subscription or if the Membership Subscription is terminated by Outsite Inc any unused Credits left in the Member’s account will be forfeited.

2. Liability Waiver, Exclusion of Incidental, Consequential and Certain Other Damages, Limitation of Damages, and Indemnity.

• Member is responsible for ensuring that the Outsite locations are left in the condition they were in upon arrival. Member shall be liable for any damages caused by any acts and/or omissions (including without limitation failure to timely vacate the Outsite Location) and also for the acts and omissions of any individuals that Member invites or otherwise allows into the Outsite locations. Member assumes the risk of any harm arising from use of the Outsite locations or the risk to or from others whom they invite to the Outsite locations. Outsite is not responsible for any accidents, injuries or illness that occurs while on the Outsite locations or the facilities of the accommodation.
• Member also understands that the risks of borrowing any sports gear available at any of the Outsite locations (to include, but not limited to: bicycles, snorkeling masks, surfboards, yoga mats) are numerous and include, but are not limited to, the following: DEATH, PARALYSIS, HEAD INJURIES, BROKEN BONES, CUTS, SCRAPES, DAMAGE TO BIKES, GEAR, AND CLOTHING, AND CAUSING DAMAGE TO AND/OR INJURING OTHERS. Member is aware of the risks, dangers and hazards associated with using any sport gear locations (to include, but not limited to: bicycles, snorkeling masks, surfboards, yoga mats) at the Outsite locations and freely accepts and fully assumes all such risks, dangers and hazards and the possibility of personal injury, death, property damage, and loss of resulting therefrom. If sports gear is damaged or lost, Member will be responsible for fixing the damages or paying for a replacement. Member agrees to hold Outsite harmless, and hereby releases Outsite, and any person or entity affiliated with Outsite, from any liability or injury of whatever kind resulting from Member’s use of any sports gear.
• Member recognizes and understand that the rivers, waters and beaches next to or part of Outsite locations involve certain risks. Those risks include, but are not limited to, the risk of injury resulting from possible illness and infection and injuries resulting from swimming, tripping or falling in the water including drowning and death. Member understands this and agrees to hold Outsite harmless, and hereby releases Outsite, and any person or entity affiliated with Outsite, from any liability or injury of whatever kind resulting from Member’s use of or proximity to any rivers, beaches, or waters either adjacent to or part of any Outsite location.
• Member recognizes and understands using the swimming pools and hot tubs at the Outsite locations involves certain risks. Those risks include, but are not limited to, the risk of injury resulting from from swimming, tripping or falling in the water including drowning and death. Member understands this and agrees to hold Outsite harmless, and hereby releases Outsite, and any person or entity affiliated with Outsite, from any liability or injury of whatever kind resulting from Member’s use of any pools or hot tubs.
• Limitation of Liability. No Consequential or Indirect Damages. Member agrees that IN NO EVENT SHALL OUTSITE, OR ANY OF ITS REPRESENTATIVES, SUBSIDIARIES (WHETHER OR NOT WHOLLY-OWNED), AFFILIATES, DIVISIONS, AND THEIR PAST, PRESENT AND FUTURE OFFICERS, AGENTS, SHAREHOLDERS, MEMBERS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS, JOINTLY OR INDIVIDUALLY, BE LIABLE UNDER THIS AGREEMENT (OR ARISING OUT OF OR IN ANY WAY RELATED TO THE PARTICIPATION IN OR INABILITY TO PARTICIPATE IN OR USE OF THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS CONTRACT) TO MEMBER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR PROFIT, LOSS OF PRIVACY, PERSONAL INJURY, BREACH OF DUTY, NEGLIGENCE, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT OUTSITE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• Maximum Liability. IN NO EVENT SHALL OUTSITE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID [OR PAYABLE] TO OUTSITE PURSUANT TO THIS AGREEMENT IN THE ONE (1) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR ONE THOUSAND DOLLARS ($1,000), WHICHEVER IS LESS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
• Indemnification. Member Indemnification. Member (as “Indemnifying Party”) shall indemnify, hold harmless, and defend Outsite and its officers, directors, employees, agents, affiliates, successors and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, diminutions in value, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, that are incurred by Indemnified Party and/or awarded against Indemnified Party in any final action or proceeding of any kind (collectively, “Losses”), arising out of any third-party claim (including any claim by any of Member’s past or present employees) alleging:
  • (a) breach or non-fulfillment of any representation, warranty or covenant under this Agreement by Indemnifying Party;
  • (b) any negligent or more culpable act or omission on Indemnifying Party (including any reckless or willful misconduct) in connection with this Agreement;
  • (c) any bodily injury, death of any person or damage to real or tangible personal property caused by the negligent or more culpable acts or omissions of Indemnifying Party (including any reckless or willful misconduct); or
  • (d) any failure of Indemnifying Party to comply with any applicable federal, state or local laws, regulations or codes in the performance of its obligations under this Agreement or relating in any way to this Agreement.

3. Termination.

• Outsite reserves the right to terminate any service at any time. Outsite further reserves the right to terminate Member’s participation in and use of any services, immediately and without notice, for any failure of Member to comply with the TOU, any provision of this Agreement, or any Outsite rules, policies or procedures.

4. Severability and Force Majeure.

• In the event that any provision or portion of this Agreement or TOU is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this Agreement or TOU shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
• Force Majeure. Outsite shall not be liable or responsible to Member, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond Outsite’s control, including, without limitation, the following force majeure events (”Force Majeure Events”): (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. Outsite shall give notice to Member, stating the period of time the occurrence is expected to continue. Outsite shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. Outsite shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that Outsite’s failure or delay remains uncured for a period of 30 days following written notice given by it under this Section, either party may thereafter terminate this Agreement upon 10 days’ written notice.

5. Insurance.

• Outsite strongly suggests that Member carry a Renter's Insurance and/or Traveler's insurance policy while using the Outsite locations. BY ACCEPTING THIS CONTRACT ALL MEMBERS ARE AWARE OF THE DANGERS INVOLVED IN TRAVELING TO/FROM OUTSITE LOCATIONS AND ACCEPT ALL RISKS. Furthermore, all members understand and accept that Outsite does not provide insurance, and that no refunds will be given due to human or natural disaster.

6. Arbitration and Other General Provisions.

• Mandatory Arbitration. Any dispute between the Parties regarding the construction, application or performance of any services under this Agreement, and any claim arising out of or relating to this Agreement or its breach, including, without limitation, claims for breach of contract, negligence, breach of duty, misrepresentation, fraud and disputes regarding any matter related to this Agreement shall be submitted to binding arbitration instead of by lawsuit in any court. The Parties shall agree on and appoint one arbitrator to hear and determine the dispute. Each party shall bear its own costs, expenses, attorney’s fees and an equal share of the arbitrators’ and administrative fees. The venue for the arbitration and any post-award proceeding to confirm, correct or vacate the award shall be San Diego County, California, and nowhere else. THE PARTIES CONFIRM THAT THEY HAVE READ AND UNDERSTAND THIS PARAGRAPH 17, AND VOLUNTARILY AGREE TO BINDING ARBITRATION. IN DOING SO, COMPANY AND OUTSITE VOLUNTARILY GIVE UP IMPORTANT CONSTITUTIONAL RIGHTS TO TRIAL BY JUDGE OR JURY, AS WELL AS RIGHTS TO APPEAL. COMPANY MAY AND SHOULD CONSULT WITH AN INDEPENDENT LAWYER OF COMPANY’S CHOICE TO REVIEW THESE ARBITRATION PROVISIONS, AND THIS ENTIRE AGREEMENT, PRIOR TO SIGNING THIS AGREEMENT.
• Attorney’s Fees. The prevailing party in any action or proceeding arising out of or to enforce any provision of this Agreement shall be awarded reasonable attorney’s fees and costs incurred in that action or proceeding, or in the enforcement of any judgment or award rendered.
• Authority. If you are signing on behalf of a corporation, LLC, partnership or trust, you represent and warrant that such entity is duly formed and currently qualified to do business in the jurisdiction where the entity is located and that you have the full right and authority to execute and deliver this Agreement and to legally bind Company.
• Modification by Subsequent Agreement. This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them.
• Governing Law. All questions with respect to the construction of this agreement, and the rights and liabilities of the Parties to this agreement, shall be governed by the laws of the State of California, except for any question as to the validity of the Arbitration clause in Paragraph 17, which shall be governed by the Federal Arbitration Act.
• Nonassignability. Neither this Agreement, nor any interest in this agreement or any Outsite Membership, shall be assignable by the Member without the prior written consent of Outsite.
• Construction. This Agreement shall be construed as though it was drafted by both Parties, and any rules regarding the holding of any ambiguity against the drafter shall not apply to the interpretation or enforcement of this Agreement.
• Entire Agreement. This Agreement, and the Terms of Use and Privacy Policy set forth online at outsite.co, contain the entire agreement of the parties to it, and supersede any prior written or oral agreements between them concerning the subject matter contained in this agreement. There are no representations, agreements, arrangements, or understandings, oral or written, between and among the parties to this agreement, relating to the subject matter contained in this agreement, which are not fully expressed in it or in Outsite’s Terms of Use or Privacy Policy.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF USE AND CONDITIONS CONTAINED IN THIS CONTRACT AND FURTHER AGREE TO BE BOUND TO THE CONTRACT REGARDING MY PARTICIPATION IN AND USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING "BECOME A MEMBER" AND/OR TICKING THE CHECKBOX TO AGREE TO THE TERMS AND CONDITIONS OF OUTSITE, YOU ARE ENTERING INTO AN AGREEMENT WITH OUTSITE INC. ("OUTSITE") AND INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO RENT THROUGH OUTSITE. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.

Gift Cards

Outsite.co Gift Cards are issued by Outsite Inc, a Delaware Corporation, and include Outsite.co Gift Cards that are automatically added to your Outsite.co Gift Card Credit Balance when you purchase a gift card here refer to as (“Gift Card”). Your Outsite.co Balance displays the total remaining balance of all Gift Cards that have been applied to your Outsite.co account but not yet applied to a purchase. We may refer to your Outsite.co Balance as your “Outsite Gift Card Balance”, “Gift Card balance”, or “GC Balance”. To view your Outsite.co Balance, visit Your Account on Outsite.co. Purchases are deducted from your Outsite.co Balance. Any unused Outsite.co Balance will remain associated with your Outsite.co account. If a purchase exceeds your Outsite.co Balance, the remaining amount must be paid with another payment method.

Gift Cards may only be redeemed toward the purchase of eligible goods and services provided by Outsite Inc on www.Outsite.co.

Limitations.

Your Outsite.co Balance can only be used towards Membership purchases and Booking purchases. Your Outsite.co Balance cannot be used towards purchases at the Outsite Shop and cannot be used towards purchases at the Outsite Cowork Cafe. Your Outsite.co Balance cannot be used to purchase other Gift Cards. Gift Cards cannot be: reloaded, resold, used for payment outside of www.Outsite.co; used for unauthorized advertising, marketing, sweepstakes, promotional or commercial purposes, redeemed for more than face value; transferred for value; redeemed for cash; returned for a cash refund (except to the extent required by law); or used in a manner otherwise prohibited by our Outsite.co Gift Card Restrictions and Prohibited Activities policy found below. No portion of your Outsite.co Balance may be transferred to another Outsite.co account.

Risk of Loss.

The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, whichever is applicable. Gift Cards must be obtained from Outsite Inc, and you are responsible for safeguarding your Outsite.co Balance or Gift Card from unauthorized use. We are not responsible if any Gift Card is lost, stolen, or destroyed, or if your Outsite.co Balance or any Gift Card is used without your permission. There are a variety of Gift Card scams that request payment by Gift Card. Outsite Inc is not responsible for, and assumes no liability to you for, any unlawful conduct or fraud by any third party associated with any Gift Card.

**Use of Outsite.co Balance or any Gift Card in Violation of these Terms and Conditions.**By using a Gift Card you agree to comply with these terms and conditions, and not to use a Gift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to Outsite.co, its affiliates, or its customers. We reserve the right, without notice to you, to void Gift Cards (including as a component of your Outsite.co Balance) without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that a Gift Card is obtained, used, or applied to an Outsite.co account (or your Outsite.co Balance is applied to a purchase) fraudulently, unlawfully, or otherwise in violation of these terms and conditions.

Limitation of Liability.

TO THE FULL EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR YOUR Outsite.co BALANCE , INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY LAW, IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.

Disputes.

Any dispute or claim relating in any way to Gift Cards or your Outsite.co Balance will be resolved by the dispute resolution terms in the Outsite.co Terms and Conditions of Use.

General Terms.

The Outsite.co Terms and Conditions of Use apply. We reserve the right to require additional verification of your identity, Gift Card or account ownership, or provision of an additional payment instrument, before you are able to apply a Gift Card to your account or your Outsite.co Balance to a purchase. When you purchase, receive, or apply a Gift Card to your account, or your Outsite.co Balance to a purchase, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise between you and Outsite Inc, and its affiliates related to your use of a Gift Card or your Outsite.co Balance. We reserve the right to change these terms and conditions without notice, from time to time at our sole discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.

Outsite.co Balance Expiration.

Your Gift Card and/or Outsite.co Balance will expire 5 years from the purchase date.

About Outsite.co Gift Card Restrictions and Prohibited Activities

There are certain restrictions in connection with the use of Outsite.co Gift Cards. If you engage in these activities, Outsite.co may prevent you from claiming or redeeming gift cards, or may take further action on your account without a refund. You may not:

• Sell or exchange a gift card for cash or for any other prepaid payment instrument.
• Give or receive a gift card as payment for goods or services off of Outsite. A non-Outsite entity or individual asking for Outsite.co or third-party gift cards as a payment method for goods or services may be a scam.
• Purchase a gift card from an unauthorized third party as we cannot guarantee that they are legitimate.
• You may not use our Outsite.co Gift Cards to fulfill sales or fund purchases that you are making with the intent of reselling or exporting.
• You'll need to provide a credit card, debit card, or other valid payment method to pay for an order that includes any ineligible items.
• Transfer a gift card to another account once the claim code has been redeemed.
• Redeem a gift card to an account if you are not the intended recipient. An example of when you are the intended recipient is if you received the gift card as a gift. You are not the intended recipient if you fraudulently deceived the purchaser into giving or selling you a gift card (even if they willingly do so at the time of transfer).
• Use a gift card for any illegal or unauthorized purpose. The list of prohibited activities above is not intended to be a complete or exhaustive list of all prohibited activities. Engaging in any activity that, in our sole discretion, disrupts, or is harmful to our customers, reputation, goodwill, business, or operations is prohibited. Engaging in any prohibited activities, or using an Outsite.co Gift Card in violation our Gift Card Terms and Conditions may result in our taking action(s) against you, including, but not limited to, preventing you from claiming or redeeming gift cards, revoking gift card balances, or closing your account consistent with our Gift Card Terms and Conditions.

Add-ons

The add-ons terms are being prepared. Please contact reservations@outsite.co with any questions about add-ons.