Terms of Service

Stufinder Terms of Service

(Same Terms of Service as https://stufinder.com/policies/terms)

Last updated: November 13, 2022

Welcome to Stufinder. We’ve developed an online marketplace to help creatives find recording studios and book studio time. We’ve tried to make these Terms of Service easy to read and understand. Please take time to read it carefully as it governs your use of Stufinder to book and list recording studios and services as well as interacting with other Stufinder Platform Members. By accessing or using the Stufinder Platform, you agree to comply with and be bound by these Terms of Service. Thank you for using Stufinder.

Please note: Section 15 of these Terms of Service contains an arbitration clause and class action waiver that applies to all Stufinder Members. If you reside in the United States, this provision applies to all disputes with Stufinder. If you reside outside of the United States, this provision applies to any action you bring against Stufinder in the United States. It affects how disputes with Stufinder are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

These Terms of Service (“Terms”) are a binding legal agreement between you and Stufinder, LLC (“Stufinder”, “we”, or “us”) that govern your use of the websites, applications, and other offerings from Stufinder (collectively, the “Stufinder Platform”).

The Stufinder Platform offers an online venue that enables users (“Members” or “You”) to publish, offer, search for, request, and book services. Members who publish and offer services are “Studeurs”  (or “Hosts”) and Members who search for, request, book, or use services are “Guests” (or “Creatives”). Studeurs may use the Stufinder Platform to offer specific locations, rooms, sites, studios, recording studios, or creative spaces (“Studios”), activities, and events (“Experiences”), audio production, and a variety of other audio and non-audio services (collectively, “Studeur Services,” and each Studeur Service offering, a “Studio”).

You must register an account to access and use many features of the Stufinder Platform, and must keep your account information accurate. As the provider of the Stufinder Platform, Stufinder does not own, control, offer or manage any Studios or Studeur Services. Stufinder is not a party to the contracts concluded directly between Studeurs and Guests, nor is Stufinder a real estate broker or insurer. We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data. We are continuously improving the Sufinder Platform for all Members and reserve the right to make changes in our discretion. Changes we make to the Stufinder Platform, including discontinuing certain features, affect all Members and we try to minimize disruption to Members. However, these changes may affect Members differently. We are not responsible if any specific changes we make to the Stufinder Platform adversely affect how you use them.

If you are a Studeur, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Studeur Services.

Guest Terms

1. Our Mission

2. Searching and Booking on Stufinder

3. Cancellations, Travel Issues, Refunds, and Booking Modifications

4. Your Responsibilities and Assumption of Risk

Studeur Terms

5. Hosting on Stufinder

6. Managing Your Studio

7. Cancellations, Travel Issues, and Booking Modifications

8. Taxes

General Terms

9. Content

10. Fees & Payments

11. Stufinder Platform Rules

12. Termination, Suspension, and other Measures

13. Modification

14. Resolving Complaints and Damage Claims

15. Dispute Resolution and Arbitration Agreement

16. Stufinder’s Role

17. Member Accounts

18. Disclaimer of Warranties

19. Limitations on Liability

20. Indemnification

21. Miscellaneous

Guest Terms

1. Our Mission

Our mission is to make it easier, faster, and safer for Creatives (artists, producers, songwriters, vocalists, podcasters, engineers, managers, or record labels) to rent recording studios and book studio time with studio owners or operators, which we call Studeurs.

2. Searching and Booking on Stufinder

2.1 Searching

You can search for Studios or Studeur Services by using criteria like the type of studio, studeur service, location, engineer, and price. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, location, availability, reviews, customer service and cancellation history, popularity, previous bookings and saved Studios, and more.

2.2 Booking

When you book a Studio, you are agreeing to pay all applicable charges for your booking including the Studio price, other fees, and any other items identified during the checkout process (collectively, “Total Price”). When you request a booking, a contract for Studeur Services (sometimes called a “session” in these Terms) is formed directly between you and the Studeur. The cancellation policy and any other rules, standards, policies, or requirements identified in the Studio or during checkout form part of your contract with the Studeur.

2.3 Experiences and Other Studeur Services

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

3. Cancellations, Travel Issues, Refunds, and Booking Modifications

3.1 Cancellations, Travel Issues, and Refunds

In general, if as a Studeur you cancel a session, the amount refunded to you is determined by the cancellation policy that applies to that session.

3.2 Booking Modifications

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

4. Your Responsibilities and Assumption of Risk

4.1 Your Responsibilities

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Studio, Experience or other Studeur Service. For example, this means: (i) you are responsible for leaving a Studio (and related personal property) in the condition it was in when you arrived, and (ii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Studeur Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.

4.2 Your Assumption of Risk

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

Studeur Terms

5. Hosting on Stufinder

5.1 Studeur

As a Studeur, Stufinder offers you the opportunity to share your Studio, Experience, or other Studeur Service with our vibrant community of Guests – and earn money doing it. It’s easy to create a Studio and you are in control of how you host, set your price, availability, and rules for each Studio.

5.2 Contracting with Guests

When you accept a booking request, or receive a booking confirmation through the Stufinder Platform, you are entering into a contract directly with the Guest, and are responsible for delivering your Studeur Service under the terms and at the price specified in your Studio. Stufinder will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Guests must: (i) be consistent with these Terms, our Policies, and the information provided in your Studio, and (ii) be prominently disclosed in your Studio description.

5.3 Independence of Studeurs

Your relationship with Stufinder is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Stufinder. Stufinder does not direct or control your Studeur Service, and you agree that you have complete discretion whether and when to provide Studeur Services, and at what price and on what terms to offer them.

6. Managing Your Studio

6.1 Creating and Managing Your Studio

The Stufinder Platform provides tools that make it easy for you to set up and manage a Studio. Your Studio must include complete and accurate information about your Studeur Service, your price, other charges like security deposits, offline fees, and any rules or requirements that apply to your Guests or Studio. You are responsible for keeping your Studio information and content (like photos & amenities) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Studeur Services and suggest you carefully review our Privacy Policy and Terms, including coverage details and exclusions. You may only maintain one Studio per property, but may have multiple Studios for a single property if it has multiple rooms inside to book.

6.2 Know Your Legal Obligations

You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Studio or Studeur Services. For example, some jurisdictions require Studeurs to register, get a permit, or obtain a license before providing certain Studeur Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Studeur Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Studio. Check your local rules to learn what rules apply to the Studeur Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms. If you have questions about how local laws apply you should always seek legal advice.

6.3 Your Responsibilities

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Studeur Services. You are responsible for setting your price and establishing rules and requirements for your Studio. You must describe any and all fees and charges in your Studio description.

6.4 Hosting as a Team or Organization

If you work with a co-studeur or host as part of a team, business, or other organization, the entity and each individual who participates in providing Studeur Services is responsible and liable as a Studeur under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Stufinder to transfer a portion of your payout to a co-studeur or other Studeur, or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.

6.5 Your Assumption of Risk

You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Stufinder Platform, offering Studeur Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Stufinder Platform and any laws, rules, regulations, or obligations that may be applicable to your Studios or Studeur Services and that you are not relying upon any statement of law made by Stufinder.

7. Cancellations, Travel Issues, and Booking Modifications

7.1 Cancellations and Travel Issues

In general, if a Guest cancels a booking, the amount paid to you is determined by the cancellation policy that applies to that booking.

7.2 Booking Modifications

Studeurs and Guests are responsible for any Booking Modifications they agree to make via the Stufinder Platform or direct Stufinder customer service to make on their behalf, and agree to pay any additional amounts, fees, or taxes associated with a Booking Modification.

8. Taxes

8.1 Studeur Taxes

As a Studeur, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, income, or other taxes (“Taxes”).

8.2 Collection and Remittance by Stufinder

In jurisdictions where Stufinder facilitates the collection and/or remittance of Taxes on behalf of Studeurs, you instruct and authorize Stufinder to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority when necessary. Any Taxes that are collected and/or remitted by Stufinder are identified to Members on their transaction records, as applicable. Stufinder may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by Stufinder is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.

8.3 Tax Information

In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Stufinder may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Studeur Services to facilitate accurate tax reporting by you, our Guests, and/or their organizations.

General Terms

9. Content

Parts of the Stufinder Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Stufinder a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where Stufinder pays for the creation of Content or facilitates its creation, Stufinder may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Stufinder the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content cannot be discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Stufinder may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Stufinder does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.

10. Fees & Payments

10.1 Service fees

Stufinder may charge fees (and applicable Taxes) to Studeurs and Guests for use of the Stufinder Platform on a monthly and/or transaction basis. Except as otherwise provided on the Stufinder Platform, service fees are non-refundable. Stufinder reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 12.2.

10.2 Payments

If you are a Studeur, you may set the booking fee for your Studio as permitted by the Stufinder Platform; provided, that you must list your Studio for a nominal value (i.e., you can not list your Studio for free). Stufinder will remit payments due to you no later than thirty (30) days after the session has been completed.

Payment processing services for Studeurs and Guests are provided by Stripe and are subject to the Stripe Connected Account Agreement which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Stufinder enabling payment processing services through Stripe, you agree to provide Stufinder accurate and complete information about you and your business, and you authorize Stufinder to share it and transaction information related to your use of the payment processing services provided by Stripe.

Stufinder reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under these Terms, or any amounts due as a result of a breach of these Terms by you, pending Stufinder’s reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which may include required tax information for certain Studeurs whose annual payments will exceed $500, or as otherwise required by applicable law. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any bank fees related to returned or canceled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Stufinder Platform. If you dispute any payment made hereunder, you must notify Stufinder in writing within thirty (30) days of any such payment; failure to so notify Stufinder shall result in your waiver of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by Stufinder. No other measurements or statistics of any kind shall be accepted by Stufinder or have any effect under these Terms.

11. Stufinder Platform Rules

11.1 Rules

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

  • Act with integrity and treat others with respect
    • Do not lie, misrepresent something or someone, or pretend to be someone else.
    • Be polite and respectful when you communicate or interact with others.
    • Do not discriminate against or harass others.
  • Do not scrape, hack, reverse engineer, compromise or impair the Stufinder Platform
    • Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Stufinder Platform.
    • Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Stufinder Platform or Content.
    • Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Stufinder Platform.
    • Do not take any action that could damage or adversely affect the performance or proper functioning of the Stufinder Platform.
  • Only use the Stufinder Platform as authorized by these Terms or another agreement with us
    • You may only use another Member’s personal information as necessary to facilitate a transaction using the Stufinder Platform as authorized by these Terms.
    • Do not use the Stufinder Platform, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent.
    • You may use Content made available through the Stufinder Platform solely as necessary to enable your use of the Stufinder Platform as a Guest or Studeur.
    • Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
    • Do not engage in any practices that are intended to manipulate our search algorithm.
    • Do not book Studeur Services unless you are actually using the Studeur Services.
    • Do not use, copy, display, mirror or frame the Stufinder Platform, any Content, any Stufinder branding, or any page layout or design without our consent.
  • Honor your legal obligations
    • Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
    • If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
    • Read and follow our Terms and Privacy Policy.
    • Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your session that violates our rules for parties and events, as incorporated by reference herein.
    • Do not use the name, logo, branding, or trademarks of Stufinder or others without permission.
    • Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Stufinder branding.
    • Do not offer Studeur Services that violate the laws or agreements that apply to you.
    • Do not offer or solicit prostitution or participate in or facilitate human trafficking.

Our community guidelines are an addition to these rules.

11.2 Reporting Violations

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

11.3 Copyright Notifications

If you believe that Content on the Stufinder Platform infringes copyrights, please notify us.

12. Termination, Suspension, and other Measures

12.1 Term

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

12.2 Termination

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

12.3 Member Violations

If (i) you breach these Terms, our policies or standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Stufinder believes it is reasonably necessary to protect Stufinder, its Members, or third parties; Stufinder may, with or without prior notice:

  • suspend or limit your access to or use of the Stufinder Platform and/or your account;
  • suspend or remove Studios, Reviews, or other Content;
  • cancel pending or confirmed bookings; or
  • suspend or revoke any special status associated with your account.

For minor violations or where otherwise appropriate as Stufinder determines in its sole discretion, you will be given notice of any intended measure by Stufinder and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a session is canceled under this Section, the amount paid to the Studeur will be reduced by the amount we refund or otherwise provide to the Guest, and by any other costs we incur as a result of the cancellation.

12.4 Legal Mandates

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

12.5 Effect of Termination

If you are a Studeur and terminate your Stufinder account, any confirmed booking(s) will be automatically canceled and your Guests will receive a full refund as necessary. If you terminate your account as a Guest, any confirmed booking(s) will be automatically canceled and any refund will depend upon the terms of the sessions’ cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Stufinder Platform has been limited, or your Stufinder account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Stufinder Platform through an account of another Member.

12.6 Survival

Parts of these Terms that by their nature survive termination will survive termination of this agreement, including Sections 2 through 21.

13. Modification

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

14. Resolving Complaints and Damage Claims

Stufinder is not responsible for any damage claims.

15. Dispute Resolution and Arbitration Agreement

15.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against Stufinder in the United States (to the extent not in conflict with Section 21.10 and 21.11).

15.2 Overview of Dispute Resolution Process

Stufinder is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 15.1 applies: (1) an informal negotiation directly with Stufinder’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 15). Specifically, the process provides: Claims can be filed with AAA online (www.adr.org); Arbitrators must be neutral and no party may unilaterally select an arbitrator; Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party; Parties retain the right to seek relief in small claims court for certain claims, at their option; The initial filing fee for the consumer is capped at $200; The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents; The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.

15.3 Pre-Arbitration Dispute Resolution and Notification

Prior to initiating an arbitration, you and Stufinder each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Stufinder’s customer service team by emailing us at support@stufinder.com If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.

15.4 Agreement to Arbitrate

You and Stufinder mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Stufinder Platform, the Studeur Services, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Stufinder agree that the arbitrator will decide that issue.

15.5 Exceptions to Arbitration Agreement

You and Stufinder each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

15.6 Arbitration Rules and Governing Law

This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.

15.7 Modification to AAA Rules – Arbitration Hearing/Location

In order to make the arbitration most convenient to you, Stufinder agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in Hennepin County; (c) in any other location to which you and Stufinder both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.

15.8 Modification of AAA Rules – Attorney’s Fees and Costs

You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Stufinder agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.

15.9 Arbitrator’s Decision

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

15.10 Jury Trial Waiver

You and Stufinder acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

15.11 No Class Actions or Representative Proceedings

You and Stufinder acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Stufinder both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.

15.12 Severability

Except as provided in Section 15.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

15.13 Changes

Notwithstanding the provisions of Section 13 (“Modification”), if Stufinder changes this Section 15 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Stufinder notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Stufinder in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).

15.14 Survival

Except as provided in Section 15.12, this Section 15 will survive any termination of this Agreement and will continue to apply even if you stop using the Stufinder Platform or terminate your Stufinder Account.

16. Stufinder’s Role

We offer a platform that enables Members to publish, offer, search for, request, and book Studios and Studeur Services. While we work hard to ensure our Members have great experiences using Stufinder, we do not and cannot control the conduct of Guests and Studeurs. You acknowledge that Stufinder has the right, but does not have any obligation, to monitor the use of the Stufinder Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Stufinder Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Studios that don’t meet quality and eligibility criteria. Members acknowledge and agree that Stufinder administers its policies and standards, including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Stufinder in good faith, and to provide Stufinder with such information and take such actions as may be reasonably requested by Stufinder with respect to any investigation undertaken by Stufinder regarding the use or abuse of the Stufinder Platform. Stufinder is not acting as an agent for any Member.

17. Member Accounts

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

18. Disclaimer of Warranties

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

19. Limitations on Liability

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

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

20. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Stufinder’s option), indemnify, and hold Stufinder (including other affiliates and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature), (ii) your improper use of the Stufinder Platform, (iii) your interaction with any Member, stay at a Studio, participation in an Experience or other Studeur Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

21. Miscellaneous

21.1 Interpreting these Terms

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

21.2 No Waiver

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

21.3 Assignment

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

21.4 Notice

Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Stufinder via email, the Stufinder Platform notification, messaging service (including SMS), or any other contact method we enable and you provide.

21.5 Third-Party Services

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

21.6 Apple Terms

If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.

21.7 Stufinder Platform Content

Content made available through the Stufinder Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Stufinder and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit any Content accessed through the Stufinder Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Stufinder grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Stufinder Platform and accessible to you, solely for your personal and non-commercial use.

21.8 Force Majeure

Stufinder shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

21.9 Emails and SMS

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

21.10 Choice of Law

You hereby agree that this agreement shall be construed in accordance with the laws of the State of Minnesota.

21.11 Consent to Jurisdiction and Venue and Selection of Forum

In regard to any action to enforce or interpret this agreement, or otherwise arising out of or relating to this agreement, each party (i) consents and submits to the exercise of personal jurisdiction over such party by either the Hennepin County District Court, State of Minnesota, or United States District Court for the District of Minnesota (referred to as the “Court”); (ii) consents to the exclusive venue in either Court; (iii) waives any and all objections to jurisdiction and venue in either Court; and (iv) waives any objection that either Court is an inconvenient forum. Each party further agrees that jurisdiction and venue concerning any legal or equitable action to enforce or interpret this agreement, or otherwise arising out of this agreement, shall rest exclusively in either the Hennepin County District Court, State of Minnesota, or the United States District Court for the District of Minnesota, so that any such action shall be brought and defended in either Court.

21.12 Section Heading

The section headings are included for convenience and are not intended to limit or affect the interpretation of this agreement.

21.13 Contact Us

If you have any questions about these Terms please email us @ support@stufinder.com.

Updated on November 27, 2022

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