Rules & Policies

PART I. RULES & POLICIES APPLICABLE TO YOUR USE OF EXCEEDANT.COM, AND THE “PROPERTIES MARKETPLACES” INCLUDING: COMMERCIAL-PROPERTIES.EXCEEDANT.COM AND HOMES.EXCEEDANT.COM: [PART II GOVERNS EXCEEDANT.COM, AND THE “PROJECTS AND SERVICES MARKETPLACES” INCLUDING: COMMERCIALSERVICES.EXCEEDANT.COM AND HOMESERVICES.EXCEEDANT.COM]

       TABLE  OF CONTENTS

  • Terms of Service
  • Nondiscrimination Policy
  • Payments Terms of Service
  • Privacy Policy
  • Seller and Landlord Guarantee
  • Buyer and Tenant Refund
  • Copyright Policy
  • Cookie Policy
  • Experiences Buyer & Tenant Release with Waiver
  • Reward Cards and/or Credits

 

 

RULES & POLICIES

Terms of Service

Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Exceedant Platform, you agree to comply with and be bound by these Rules and Policies including the Terms of Service and other sections below.

Please note: Section 19 of these Terms of Service contains an arbitration clause and class action waiver that applies to all Exceedant Members for any of its marketplaces and platforms. If you reside in the United States, this provision applies to all disputes with Exceedant. If you reside outside of the United States, this provision applies to any action you bring against Exceedant in the United States. It affects how disputes with Exceedant 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.

Last Updated: 1/23/2018

Thank you for using Exceedant!

These Terms of Service (“Terms“) constitute a legally binding agreement (“Agreement“) between you and Exceedant (as defined below) governing your access to and use of the Exceedant website, including any subdomains thereof, and any other websites through which Exceedant makes the Exceedant Services available (collectively, “Site“), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively, “Exceedant Services“). The Site, Application and Exceedant Services together are hereinafter collectively referred to as the “Exceedant Platform”. Our Seller and Landlord Guarantee Terms, Buyer and Tenant Refund Policy,  Nondiscrimination Policy, and other Policies applicable to your use of the Exceedant Platform are incorporated by reference into this Agreement.

When these Terms mention “Exceedant,” “we,” “us,” or “our,” it refers to the Exceedant company you are contracting with.

  • If you reside in the United States as well as outside of the United States, you are contracting with Exceedant LLC, Wells Fargo Center, 100 S. Ashley Dr. Suite 600, Tampa, Florida, United States.

If you change your place of residence, the Exceedant company you contract with may be determined at a later date by your new place of business and/or residence as specified above, from the date on which your place of business and/or residence changes.

Our collection and use of personal information in connection with your access to and use of the Exceedant Platform is described in our Privacy Policy.

Any and all payment processing services through or in connection with your use of the Exceedant Platform (“Payment Services“) are provided to you by one or more Exceedant Payments entities (individually and collectively, as appropriate, “Exceedant Payments“) as set out in the Payment Terms of Service (“Payments Terms“).

Sellers and Landlords alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Property Listings and Seller and/or Landlord Services. For example, some cities have laws that restrict their ability to sell or rent. In many cities, Sellers and/or Landlords may have to register, get a permit or obtain a license before offering to sell or rent, transacting for the sale or occupany of a property or other regulatory and statutory requirements. Some cities may require a license for occupancy or property transfer taxes and so on. Sellers and Landlords are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Sale or Rental Services they offer. Certain types of Seller and Landlord Services may be prohibited altogether. Penalties may include fines or other enforcement. We may, at our sole discretion with no obligation) in the present or future, provide some information in our Help Center, blogs, posts on social media, member communications by email, etc.  to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Property Listing(s) and Seller and/or Landlord Service(s) on Exceedant, you should always seek legal guidance and other professional assistance.

Table of Contents

  1. Scope of Exceedant Services
  2. Eligibility, Using the Exceedant Platform, Member Verification
  3. Modification of these Terms
  4. Account Registration
  5. Content
  6. Service Fees
  7. Terms specific for Sellers and Landlords
  8. Terms specific for Buyers and Tenants
  9. Selling or Renting Modifications, Cancellations and Refunds, Resolution Center
  10. Ratings and Reviews
  11. Damage to Properties, Disputes between Members
  12. Rounding off, Currency conversion
  13. Taxes
  14. Prohibited Activities
  15. Term and Termination, Suspension and other Measures
  16. Disclaimers
  17. Liability
  18. Indemnification
  19. Dispute Resolution
  20. Feedback
  21. Applicable Law and Jurisdiction
  22. General Provisions
  1. Scope of Exceedant Services

1.1 The Exceedant Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Sellers and Landlords” and the services they offer are “Seller and/or Landlord Services”) to publish such Seller and/or Landlord Services on the Exceedant Platform (“Listings”) and to communicate and transact directly with Members that are seeking to Sell and/or Rent such Seller and/or Landlord Services (Members using Seller and/or Landlord Services are “Buyers and Tenants”). Seller and/or Landlord Services may include the offering of properties and/or land for use (“Properties“), single or multi-day activities in various categories (“Experiences”), access to unique events, pop-up space and locations (“Events”), and a variety of other asset, real estate, real property and related services.

1.2 As the provider of the Exceedant Platform, Exceedant does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Seller and/or Landlord Services. Sellers and Landlords alone are responsible for their Listings and Seller and/or Landlord Services. When Members make or accept a Sale or Occupancy, they are entering into a contract directly with each other. Exceedant is not and does not become a party to or other participant in any contractual relationship between Members, nor is Exceedant a real estate broker or insurer. Exceedant is not acting as an agent in any capacity for any Member, except as specified in the Payment terms.

1.3 While we may help facilitate the resolution of disputes, Exceedant has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Seller and/or Landlord Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Exceedant does not endorse any Member, Listing or Seller and/or Landlord Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Exceedant about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Property, participate in an Experience or Event or use other Seller and/or Landlord Services, accept a Selling or Renting request from a Buyer and/or Occupier, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Exceedant of any Seller and/or Landlord or Listing.

1.4 If you choose to use the Exceedant Platform as a Seller and/or Landlord or Co-Seller and/or Landlord (as defined below), your relationship with Exceedant is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Exceedant for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Exceedant.

1.5 To promote the Exceedant Platform and to increase the exposure of Listings to potential Buyers and Tenants, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Exceedant cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Exceedant Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and noninfringement.

1.6 The Exceedant Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Exceedant is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Exceedant of such Third-Party Services.

1.7 Due to the nature of the Internet, Exceedant cannot guarantee the continuous and uninterrupted availability and accessibility of the Exceedant Platform. Exceedant may restrict the availability of the Exceedant Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Exceedant Platform. Exceedant may improve, enhance and modify the Exceedant Platform and introduce new Exceedant Services from time to time.

  1. Eligibility, Using the Exceedant Platform, Member Verification

2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Exceedant Platform or register an Exceedant Account. By accessing or using the Exceedant Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

2.2 You will comply with any applicable export control, tax, and other laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Seller and/or Landlord Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

2.3 Exceedant may make the access to and use of the Exceedant Platform, or certain areas or features of the Exceedant Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or Selling or Renting and cancellation history.

2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

2.5 The access to or use of certain areas and features of the Exceedant Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Exceedant Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.

2.6 If you access or download any Exceedant Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Exceedant Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

  1. Modification of these Terms

Exceedant reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Exceedant Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Exceedant Platform will constitute acceptance of the revised Terms.

  1. Account Registration

4.1 You must register an account (“Exceedant Account“) to access and use certain features of the Exceedant Platform, such as publishing or Selling or Renting a Listing. If you are registering an Exceedant Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

4.2 You can register an Exceedant Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook, LinkedIn, or Google (“SNS Account“). You have the ability to disable the connection between your Exceedant Account and your SNS Account at any time, by accessing the “Settings” section of the Exceedant Platform.

4.3 You must provide accurate, current and complete information during the registration process and keep your Exceedant Account and public Exceedant Account profile page information up-to-date at all times.

4.4 You may not register more than one (1) Exceedant Account unless Exceedant authorizes you to do so. You may not assign or otherwise transfer your Exceedant Account to another party.

4.5 You are responsible for maintaining the confidentiality and security of your Exceedant Account credentials and may not disclose your credentials to any third party. You must immediately notify Exceedant if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Exceedant Account. You are liable for any and all activities conducted through your Exceedant Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

4.6 Exceedant may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Exceedant Account. For example, we may allow Members associated with an Enterprise (as defined in our Privacy Policy) to Sell and/or Rent for other Members, or we may allow Sellers and Landlords to add other Members as Co-Sellers and Co-Landlords (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Exceedant to ask for your credentials, and you shall not request the credentials of another Member.

  1. Content

5.1 Exceedant may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Exceedant Platform (“Member Content“); and (ii) access and view Member Content and any content that Exceedant itself makes available on or through the Exceedant Platform, including proprietary Exceedant content and any content licensed or authorized for use by or through Exceedant from a third party (“Exceedant Content” and together with Member Content, “Collective Content“).

5.2 The Exceedant Platform, Exceedant Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Exceedant Platform and Exceedant Content, including all associated intellectual property rights, are the exclusive property of Exceedant and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Exceedant Platform, Exceedant Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Exceedant used on or in connection with the Exceedant Platform and Exceedant Content are trademarks or registered trademarks of Exceedant in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Exceedant Platform, Exceedant Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Exceedant Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Exceedant or its licensors, except for the licenses and rights expressly granted in these Terms.

5.4 Subject to your compliance with these Terms, Exceedant 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 any Collective Content made available on or through the Exceedant Platform and accessible to you, solely for your personal and non-commercial use.

5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Exceedant Platform, you grant to Exceedant a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Exceedant Platform, in any media or platform. Unless you provide specific consent, Exceedant does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

5.6 Exceedant may offer Sellers and Landlords the option of having professional photographers and videographers to take photographs and videos of their Seller and/or Landlord Services, which are made available by the photographer and videographers to Sellers and Landlords to include in their Listings with or without a watermark or tag bearing the words “Exceedant.com Verified Photo and/or Video” or similar wording (“Verified Images“). You are responsible for ensuring that your Seller and/or Landlord Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Exceedant Platform if they no longer accurately represent your Listing, if you stop being a Seller and/or Landlord, stop offering the Seller and/or Landlord Service featured, or if your Exceedant Account is terminated or suspended for any reason. You acknowledge and agree that Exceedant shall have the right to use any Verified Images in advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where Exceedant is not the exclusive owner of Verified Images, by using such Verified Images on or through the Exceedant Platform, you grant to Exceedant an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Exceedant in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Exceedant Platform solely for your personal and/or commercial use.

5.7 You are solely responsible for all Member Content that you make available on or through the Exceedant Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Exceedant Platform or you have all rights, licenses, consents and releases that are necessary to grant to Exceedant the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Exceedant’s use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates Exceedant’s Content Policy or any other Exceedant policy. Exceedant may, without prior notice, remove or disable access to any Member Content that Exceedant finds to be in violation of these Terms or Exceedant’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Exceedant, its Members, third parties, or property.

5.9 Exceedant respects copyright law and expects its Members to do the same. If you believe that any content on the Exceedant Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.

  1. Service Fees

6.1 Exceedant may charge fees to Sellers and Landlords (“Seller and/or Landlord Fees“) and/or Buyers and Tenants (“Buyer and/or Occupier Fees“) (collectively, “Service Fees“) in consideration for the use of the Exceedant Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page and section of The Commercial Properties Marketplace [https://commercial-properties.exceedant.com] or The Homes Marketplace [https://homes.exceedant.com].

6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Seller and/or Landlord or Buyer and/or Occupier prior to publishing or Selling or Renting a Listing. Exceedant reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.

6.3 You are responsible for paying any Service Fees that you owe to Exceedant. The applicable Service Fees are due and payable and collected by Exceedant Payments pursuant to the Payments Terms. Except as otherwise provided on the Exceedant Platform, Service Fees are non-refundable.

  1. Terms specific for Sellers and Landlords

7.1 Terms applicable to all Listings

7.1.1 When creating a Listing through the Exceedant Platform you must (i) provide complete and accurate information about your Seller and/or Landlord Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as property rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Event or Pop-Up Experience) and (iii) provide any other pertinent information requested by Exceedant. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

7.1.2 You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (“Listing Fee”). Once a Buyer and/or Occupier requests a Selling or Renting of your Listing, you may not request that the Buyer and/or Occupier pays a higher price than in the Selling or Renting request.

7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Listing.

7.1.4 Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Seller and/or Landlord Services. Exceedant reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

7.1.5 The placement and ranking of Listings in search results on the Exceedant Platform may vary and depend on a variety of factors, such as Buyer and/or Occupier search parameters and preferences, Seller and/or Landlord requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Seller and/or Landlord Service, and/or ease of Selling or Renting.

7.1.6 When you accept or have pre-approved a Selling or Renting request by a Buyer and/or Occupier, you are entering into a legally binding agreement with the Buyer and/or Occupier and are required to provide your Seller and/or Landlord Service(s) to the Buyer and/or Occupier as described in your Listing when the Selling or Renting request is made. You also agree to pay the applicable Seller and/or Landlord Fee and any applicable Taxes, which will be collected pursuant to the Payments Terms.

7.1.7 Exceedant recommends that Sellers and Landlords obtain appropriate insurance for their Seller and/or Landlord Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Buyers and Tenants (and the individuals the Buyer and/or Occupier has Sell and/or Rented for, if applicable) while buying or leasing your Property or participating in your Experience, Event, Pop-Up, or other Seller and/or Landlord Service.

7.2 Listing Properties

7.2.1 You may only list one to two Property(s) per Listing, with the exception of a portfolio sale.

7.2.2 If you choose to require a security deposit or other similar monetary payment for your Property, you must specify this in your Listing (“Security Deposit“). Sellers and Landlords are not allowed to ask for a Security Deposit after a Selling or Renting has been confirmed or outside of the Exceedant Platform. Exceedant will use commercially reasonable efforts to address Sellers and Landlords’ requests and claims related to Security Deposits, but Exceedant is not responsible for administering or accepting any claims by Sellers and Landlords related to Security Deposits and/or similar monetary payments.

7.2.3 You represent and warrant that any Listing you post and the Selling or Renting of, or a Buyer purchase and/or Occupier’s rental at, an Property will (i) not breach any agreements you have entered into with any third parties, such as association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Seller and/or Landlord, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who purchase or rent at or are otherwise present at the Property at your request or invitation, excluding the Buyer and/or Occupier (and the individuals the Buyer and/or Occupier invites to the Property, if applicable).

7.3 Listing Sale or Rental, Experiences, Events, Pop-Ups, and other Seller and/or Landlord Services

7.3.1 To list an Experience, Event, Pop-Up, or other Seller and/or Landlord Service, you must create a Listing and submit the Experience, Event, Pop-Up, or Seller and/or Landlord Service to Exceedant. To be considered for publishing on the Exceedant Platform, Sales, Rentals, Experiences, Events, Pop-Ups or other Seller and/or Landlord Services must at all times meet Exceedant’s Quality Standards for these types of listings and services and meet Buyer and/or Occupier demand. Exceedant reserves the right to decide, in its sole discretion, if a submitted Sale or Rental Listing, Experience, Event, Pop-Up, or other Seller and/or Landlord Service will be published on the Exceedant Platform.

7.3.2 When listing an Sale or Rent Experience, Event, Pop-Up, or other Seller and/or Landlord Service you must, where applicable, fully educate and inform Buyers and Tenants about (i) any risks inherent to the Experience, Event or other Seller and/or Landlord Service, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Experience, Event or other Seller and/or Landlord Service (including dress codes, equipment, special certifications or licenses, etc.).

7.3.3 If you wish to list an Experience on behalf of a Nonprofit (“Social Impact Experience”), you must comply with the eligibility requirements for Seller and/or Landlord a Social Impact Experience. When listing a Social Impact Experience you (i) represent and warrant that you are duly authorized to act on behalf of your Nonprofit and (ii) acknowledge and agree that all payouts will be directed to an account owned by your Nonprofit. You and your Nonprofit acknowledge that listing a Social Impact Experience does not create a commercial fundraising or co-venturer, or charitable trust relationship with Exceedant and Exceedant is not a professional fundraiser or commercial participator. Nonprofits, and not Exceedant, are responsible for determining what, if any, portion of their Listing Fee is a charitable contribution and for providing Buyers and Tenants and Licenseecharitable tax receipts for any applicable charitable contributions. You and your Nonprofit are solely responsible for complying with all laws that apply to your organization and your Social Impact Experience.

7.3.4 You represent and warrant that you (i) understand and comply with all laws, rules and regulations that may apply to your Experience, Event or other Seller and/or Landlord Service(s), and (ii) will obtain any required licenses, permits, or registrations prior to providing your Experience, Event or other Seller and/or Landlord Service(s). You can find additional information about some of the legal obligations that may apply to you on our Responsible Seller and/or Landlord pages.

7.3.5 You must provide an Experience, Event or other Seller and/or Landlord Service in person and may not allow any third party to provide the Experience, Event or other Seller and/or Landlord Service on your behalf, unless authorized by you, such as your broker or agent, and by Exceedant.

7.4 Co-Sellers and Landlords

7.4.1 Exceedant may enable Sellers and Landlords to authorize other Members (“Co-Sellers and Co-Landlords”) such as brokers and agents not affiliated with Exceedant, to administer the Seller and/or Landlord’s Listing(s), and to bind the Seller and/or Landlord and take certain actions in relation to the Listing(s) as permitted by the Seller and/or Landlord, such as accepting Selling or Renting requests, messaging and welcoming Buyers and Tenants, and updating the Listing Fee and calendar availability (collectively, “Co-Seller and/or Co-Landlord Services”). Any agreement formed between Seller and/or Landlord and Co-Seller and/or Co-Landlord may not conflict with these Terms and the Payment Terms. Co-Sellers and Co-Landlords may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by Exceedant. Exceedant reserves the right, in our sole discretion, to limit the number of Co-Sellers and Co-Landlords a Seller and/or Landlord may invite for each Listing and to limit the number of Listings a Co-Seller and/or Co-Landlord may manage.

7.4.2 Sellers and Landlords and Co-Sellers and Co-Landlords may agree on a fee (“Co-Seller and/or Co-Landlord Services Fee”) in consideration for the Co-Seller and/or Co-Landlord Services provided by the Co-Seller and/or Co-Landlord. When such an agreement is made, the Seller and/or Landlord agrees to pay the Co-Seller and/or Co-Landlord Services Fee for any confirmed Selling or Renting of their Listing, which will be deducted directly from the Listing Fee after deduction of any applicable Seller and/or Landlord Fee. In addition, Sellers and Landlords may instruct a Co-Seller and/or Co-Landlord to provide certain one-time services in relation to their Listing. Sellers and Landlords can pay Co-Sellers and Co-Landlords (e.g. Brokers and agents) for one-time services and any other expenses using the Resolution Center. Exceedant Payments will process Co-Seller and/or Co-Landlord Services Fees and Resolution Center payments pursuant to the Payments Terms.

7.4.3 Sellers and Landlords and Co-Sellers and Co-Landlords agree that each activity, Selling or Renting, or other transaction reported on the Exceedant Platform, including any Co-Seller and/or Co-Landlord Services provided by the Co-Seller and/or Co-Landlord and any amounts due from a Seller and/or Landlord to the Co-Seller and/or Co-Landlord for the provision of such services, will be deemed accurate, correct and binding, unless challenged, by notifying the other person and Exceedant (by emailing: accounting@exceedant.com ), within 30 days of posting of the disputed activity, Selling or Renting or other transaction on the Exceedant Platform.

7.4.4 Sellers and Landlords should exercise due diligence and care when deciding who to add as a Co-Seller and/or Co-Landlord to their Listing(s). Sellers and Landlords remain solely responsible and liable for any and all Listings and Member Content published on the Exceedant Platform, including any Listing created by a Co-Seller and/or Co-Landlord on their behalf. Further, Sellers and Landlords remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Seller and/or Co-Landlord(s). Co-Sellers and Co-Landlords remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Seller and/or Co-Landlord, including, but not limited to, conduct that causes harm or damage to the Seller and/or Landlord. In addition, both Seller and/or Landlord and Co-Seller and/or Co-Landlord are jointly responsible and severally liable for third party claims, including Buyer and/or Occupier claims, arising from the acts and omissions of the other person as related to Seller and/or Landlord activities, communications with Buyers and Tenants, and the provision of any Co-Seller and/or Co-Landlord Services.

7.4.5 Unless agreed otherwise by Seller and/or Landlord and Co-Seller and/or Co-Landlord, Seller and/or Landlord and Co-Seller and/or Co-Landlord may terminate the Co-Seller and/or Co-Landlord agreement at any time. In addition, both Seller and/or Landlord and Co-Seller and/or Co-Landlord acknowledge that their Co-Seller and/or Co-Landlord relationship will terminate in the event that Exceedant (i) terminates the Co-Seller and/or Co-Landlord service or (ii) terminates either party’s participation in the Co-Seller and/or Co-Landlord service. When the Co-Seller and/or Co-Landlord agreement is terminated, the Seller and/or Landlord will remain responsible for all of the Co-Seller and/or Co-Landlord’s actions prior to the termination, including the responsibility to fulfill any pending or future Selling or Rentals initiated prior to the termination. When a Member is removed as a Co-Seller and/or Co-Landlord, that Member will no longer have access to any Seller and/or Landlord or Buyer and/or Occupier information related to the applicable Seller and/or Landlord’s Listing(s). In addition, Seller and/or Landlord agrees to pay Co-Seller and/or Co-Landlord for all Co-Seller and/or Co-Landlord Services completed prior to Co-Seller and/or Co-Landlord’s termination within an objective industry standard number of days of Co-Seller and/or Co-Landlord’s termination via the Resolution Center. A Co-Seller and/or Co-Landlord will not be entitled to any fees for any Co-Seller and/or Co-Landlord Services that have not been completed prior to the Co-Seller and/or Co-Landlord’s termination.

7.4.6 As a Co-Seller and/or Co-Landlord, you will not be reviewed by Buyers and Tenants, meaning that your Co-Seller and/or Co-Landlord activities will not affect your Reviews or Ratings for other Listings for which you are a Seller and/or Landlord. Instead, the Seller and/or Landlord of such Listing(s) will be reviewed by Buyers and Tenants (including potentially on the basis of the Co-Seller and/or Co-Landlord’s conduct and performance). Sellers and Landlords acknowledge that Reviews and Ratings from Buyers and Tenants for their Listing(s) may be impacted by a Co-Seller and/or Co-Landlord’s conduct and performance.

  1. Terms specific for Buyers and Tenants

8.1 Terms applicable to all Sales, Rentals, Leases and/or Licenses

8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by the Seller and/or Landlord, you can Sell and/or Rent and/or License a Listing available on the Exceedant Platform by following the respective Selling or Renting or Licensing process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Buyer and/or Occupier Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to Selling or Renting or Licensing a Listing. You agree to pay the Total Fees for any Selling or Renting or Licensing Properties requested in connection with your Exceedant Account.

8.1.2 Upon receipt of a Selling or Renting (or Licensing) property confirmation from Exceedant, a legally binding agreement is formed between you and your Seller and/or Landlord, subject to any additional terms and conditions of the Seller and/or Landlord that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Exceedant Payments will collect the Total Fees at the time of the Selling or Renting (or Licensing) request or upon the Seller and/or Landlord’s confirmation pursuant to the Payment Terms.

8.1.3 If you Sell and/or Rent a Seller and/or Landlord Service on behalf of additional Buyers and Tenants, you are required to ensure that every additional Buyer and/or Occupier meets any requirements set by the Seller and/or Landlord,  and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Seller and/or Landlord. If you are Selling or Renting for an additional Buyer and/or Occupier who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Seller and Landlord Experience, Event, Pop-Up or other Seller and/or Landlord Service if accompanied by an adult who is responsible for them.

8.2 Selling or Renting Properties

8.2.1 You understand that a confirmed Selling or Renting of an Property (“Property Selling or Renting”) is a limited license granted to you by the Seller and/or Landlord to purchase, or rent, enter, occupy and use the Property for the duration of your agreement governed by any contract you have with the Seller and/or Landlord, during which time the Seller and/or Landlord (only where and to the extent permitted by applicable law) retains the right to re-enter the Property, in accordance with your agreement with the Seller and/or Landlord.

8.2.2 For rental properties, events, pop-ups, and other limited duration property experiences, you agree to leave the Property no later than the checkout time that the Seller and/or Landlord specifies in the Listing or such other time as mutually agreed upon between you and the Seller and/or Landlord. If you stay past the agreed upon rental or license termination and checkout time without the Seller and/or Landlord’s consent (“Overstay”), you no longer have a license to stay in the Property and the Seller and/or Landlord is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Seller and/or Landlord, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional daily fee of up to two (2) times the average daily Listing Fee originally paid by you to cover the inconvenience suffered by the Seller and/or Landlord, plus all applicable Buyer and/or Occupier Fees, Taxes, and any legal expenses incurred by the Seller and/or Landlord to make you leave (collectively, “Overstay Fees“). Overstay Fees for late termination move out/checkouts on the moveout/checkout date that do not impact upcoming Selling or Rentings may be limited to the additional costs incurred by the Seller and/or Landlord as a result of such Overstay. Exceedant Payments will collect Overstay Fees from you pursuant to the Payment Terms. A Security Deposit, if required by a Seller and/or Landlord, may be applied to any Overstay Fees due for a Buyer and/or Occupier’s Overstay.

8.3 Selling or Renting Experiences, Events and other Seller and/or Landlord Services

8.3.1 You should carefully review the description of any Experience, Event or other Seller and/or Landlord Service you intend to Purchase and/or Rent (or License) to ensure you (and any additional Buyers and Tenants you are Selling or Renting for) meet any minimum age, proficiency, fitness or other requirements which the Seller and/or Landlord has specified in their Listing. You are required to inform the Seller and/or Landlord of any medical or physical conditions, or other circumstances that may impact your and any additional Buyer and/or Occupier’s ability to safely participate in any Experience, Event or other Seller and/or Landlord Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event, Pop-Up, or other Seller and/or Landlord Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Purchase, Sale and Rental Experience, Event, Pop-Up, or other Seller and/or Landlord Service.

8.3.2 Before and during an Experience, Event or other Seller and/or Landlord Service you must at all times adhere to the Sellers and Landlords’ instructions.

8.3.3 You may not bring any additional individuals to an Experience, Event or other Seller and/or Landlord Service unless such an individual was added by you as an additional Buyer and/or Occupier during the Selling or Renting process on the Exceedant Platform, unless permitted by the Seller and/or Landlord in

  1. Selling or Renting Modifications, Cancellations and Refunds, Resolution Center

9.1 Sellers and Landlords and Buyers and Tenants are responsible for any modifications to a Selling or Renting that they make via the Exceedant Platform or direct Exceedant customer service to make (“Selling or Renting Modifications“), and agree to pay any additional Listing Fees, Seller and/or Landlord Fees or Buyer and/or Occupier Fees and/or Taxes associated with such Selling or Renting Modifications.

9.2 Buyers and Tenants can cancel a confirmed Selling or Renting at any time subject to the Listing’s cancellation policy, and Exceedant Payments will provide any refund to the Buyer and/or Occupier in accordance with such cancellation policy. Unless extenuating circumstances exist, any amounts due to the Seller and/or Landlord under the applicable cancellation policy will be remitted to the Seller and/or Landlord by Exceedant Payments pursuant to the Payments Terms.

9.3 If a Seller and/or Landlord cancels a confirmed Selling or Renting, the Buyer and/or Occupier will receive a full refund of the Total Fees for such Selling or Renting and Exceedant may publish an automated review on the Listing cancelled by the Seller and/or Landlord indicating that a Selling or Renting was cancelled. In addition, Exceedant may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled Selling or Renting, and/or (ii) impose a cancellation fee, unless the Seller and/or Landlord has a valid reason for cancelling the Selling or Renting pursuant to Exceedant’s Extenuating Circumstances Policy or has legitimate concerns about the Buyer and/or Occupier’s behavior, status or financial ability to pay or other ability to fulfill the terms of the Seller’s or Landlord’s contract.

9.4 For Sale and Rental Experiences, Events, Pop-Ups, and other Seller and/or Landlord Services, if inclement weather creates an unsafe or uncomfortable scenario for Buyers and Tenants and Licensees, Sellers and Landlords may modify or cancel a Seller and/or Landlord Service. If there is a substantial change in the itinerary or the Seller and/or Landlord Service needs to be cancelled, Exceedant will work with the Seller and/or Landlord to provide Buyers and Tenants an alternative date for the Seller and/or Landlord Service, an appropriate refund or a re-Selling or re-Renting.

9.5 In certain circumstances, Exceedant may decide, in its sole discretion, that it is necessary to cancel a confirmed Selling or Renting and make appropriate refund and payout decisions. This may be for reasons set forth in Exceedant’s Extenuating Circumstances Policy or (i) where Exceedant believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Exceedant, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.

9.6 If a Buyer and/or Occupier suffers an Issue pursuant to the Buyer and/or Occupier Refund Policy, Exceedant may determine, in its sole discretion, to refund the Buyer and/or Occupier part or all of the Total Fees in accordance with the Buyer and/or Occupier Refund Policy.

9.7 Members may use the Resolution Center to send or request money for refunds, additional Seller and/or Landlord Services, Co-Seller and/or Co-Landlord Services or Damage Claims related to Sales or Rentals or Licenses. You agree to pay all amounts sent through the Resolution Center in connection with your Exceedant Account, and Exceedant Payments will handle all such payments pursuant to the Payment Terms.

  1. Ratings and Reviews

10.1 Within a certain timeframe after completing a Selling or Renting, Buyers and Tenants and Sellers and Landlords can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of Exceedant. Ratings and Reviews are not verified by Exceedant for accuracy and may be incorrect or misleading.

10.2 Ratings and Reviews by Buyers and Tenants and Sellers and Landlords must be fair, truthful and factual and may not contain any offensive or defamatory language. Ratings and Reviews must comply with Exceedant’s Content Policy and Extortion Policy.

10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another Member.

  1. Damage to Properties, Disputes between Members

11.1 As a Buyer and/or Occupier and/or Licensee, you are responsible for leaving the Property (including any personal, business or other property located at the Property) in the condition it was in when you inspected and/or arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Property, excluding the Seller and/or Landlord (and the individuals the Seller and/or Landlord invites to the Property, if applicable).

11.2 If a Seller and/or Landlord claims and provides evidence that you as a Buyer and/or Occupier have damaged an Property or any personal or other property at an Property (“Damage Claim“), the Seller and/or Landlord can seek payment from you through the Resolution Center. If a Seller and/or Landlord escalates a Damage Claim to Exceedant, you will be given an opportunity to respond. If you agree to pay the Seller and/or Landlord, or Exceedant determines in its sole discretion that you are responsible for the Damage Claim, Exceedant Payments will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. Exceedant also reserves the right to otherwise collect payment from you and pursue any remedies available to Exceedant in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Sellers and Landlords under the Exceedant Seller and/or Landlord Guarantee.

11.3 Members agree to cooperate with and assist Exceedant in good faith, and to provide Exceedant with such information and take such actions as may be reasonably requested by Exceedant, in connection with any Damage Claims or other complaints or claims made by Members relating to Properties or any personal or other property located at an Property (including, without limitation, payment requests made under the Exceedant Seller and/or Landlord Guarantee), Experiences, or Co-Seller and/or Landlord agreements. A Member shall, upon Exceedant’s reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Exceedant or a third party selected by Exceedant or its insurer, with respect to losses for which a Member is requesting payment from Exceedant (including but not limited to payments under the Exceedant Seller and/or Landlord Guarantee).

11.4 If you are a Buyer and/or Occupier or a Co-Seller and/or Co-Landlord, you understand and agree that Exceedant may make a claim under your applicable insurance policy(s) related to any damage or loss that you may have caused, or been responsible for, to a Property or any person or any business or other asset located at an Property (including without limitation amounts paid by Exceedant under the Exceedant Seller and/or Landlord Guarantee). You agree to cooperate with and assist Exceedant in good faith, and to provide Exceedant with such information as may be reasonably requested by Exceedant, to make a claim under your applicable insurance policy(s), including, but not limited to, executing documents and taking such further acts as Exceedant may reasonably request to assist Exceedant in accomplishing the foregoing.

  1. Rounding off, Currency conversion

12.1 Exceedant may, in its sole discretion, round up or round down amounts that are payable from or to Buyers and Tenants or Sellers and Landlords to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest (USD) dollar, euro or other supported currency); for example, Exceedant will round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00. For currencies that are denominated in large numbers, Exceedant may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; for example, Exceedant may round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 837,500 up to 838,000 and 837,499 down to 837,000.

12.2 The Exceedant Platform facilitates Selling or Rentals between Buyers and Tenants and Sellers and Landlords who may prefer to pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the Exceedant Platform may allow Members to view the price of Listings in a number of currencies, the currencies available for Members to make and receive payments may be limited, and may not include the default currency in any given geographic location. Details regarding currency conversion, including any associated fees, are detailed in the Payment Terms.

  1. Taxes

13.1 As a Seller and/or Landlord you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other taxes or income taxes (“Taxes“).

13.2 Tax regulations may require us to collect appropriate Tax information from Sellers and Landlords, or to withhold Taxes from payouts to Sellers and Landlords, or both. If a Seller and/or Landlord fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.

13.3 You understand that any appropriate governmental agency, department and/or authority (“Tax Authority“) where your Property is located may require Taxes to be collected from Buyers and Tenants or Sellers and Landlords on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Sellers and Landlords, a set amount per day, or other variations, and are sometimes called “transfer, sales, occupancy or other taxes,” (“Taxes“).

13.4 In certain jurisdictions, Exceedant may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Buyers and Tenants or Sellers and Landlords, in accordance these Terms (“Collection and Remittance“) if such jurisdiction asserts Exceedant or Sellers and Landlords have a Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize Exceedant (via Exceedant Payments) to collect Taxes from Buyers and Tenants on the Seller and/or Landlord’s behalf at the time Listing Fees are collected, and to remit such Taxes to the Tax Authority. The amount of Taxes, if any, collected and remitted by Exceedant will be visible to and separately stated to both Buyers and Tenants and Sellers and Landlords on their respective transaction documents. Where Exceedant is facilitating Collection and Remittance, Sellers and Landlords are not permitted to collect any Taxes being collected by Exceedant relating to their Properties in that jurisdiction.

13.5 You agree that any claim or cause of action relating to Exceedant’s facilitation of Collection and Remittance of Taxes shall not extend to any supplier or vendor that may be used by Exceedant in connection with facilitation of Collection and Remittance, if any. Buyers and Tenants and Sellers and Landlords agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Taxes collected is a refund of Taxes collected by Exceedant from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

13.6 Exceedant reserves the right, with prior notice to Sellers and Landlords, to cease the Collection and Remittance in any jurisdiction for any reason at which point Sellers and Landlords and Buyers and Tenants are once again solely responsible and liable for the collection and/or remittance of any and all Taxes that may apply to Properties in that jurisdiction.

  1. Prohibited Activities

14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Exceedant Platform. In connection with your use of the Exceedant Platform, you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
  • use the Exceedant Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Exceedant endorsement, partnership or otherwise misleads others as to your affiliation with Exceedant;
  • copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Exceedant Platform in any way that is inconsistent with Exceedant’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
  • use the Exceedant Platform in connection with the distribution of unsolicited commercial messages (“spam”);
  • offer, as a Seller and/or Landlord, any Property that you do not yourself own or have permission to make available as a sale or rental or license property through the Exceedant Platform;
  • unless Exceedant explicitly permits otherwise, Sell and/or Rent any Listing if you will not actually be using the Seller and/or Landlord Services yourself;
  • contact another Member for any purpose other than asking a question related to your own Sale or Rental or License Listing, or the Member’s use of the Exceedant Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
  • use the Exceedant Platform to request, make or accept a Sale or Rental or License independent of the Exceedant Platform, to circumvent any Exceedant Service Fees or for any other reason;
  • request, accept or make any payment for Listing Fees outside of the Exceedant Platform or Exceedant Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Exceedant harmless from any liability for such payment;
  • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
  • use, display, mirror or frame the Exceedant Platform or Collective Content, or any individual element within the Exceedant Platform, Exceedant’s name, any Exceedant trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Exceedant Platform, without Exceedant’s express written consent by an authorized Exceedant representative;
  • dilute, tarnish or otherwise harm the Exceedant brand in any way, including through unauthorized use of Collective Content, registering and/or using Exceedant or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Exceedant domains, trademarks, taglines, promotional campaigns or Collective Content;
  • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Exceedant Platform for any purpose;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Exceedant or any of Exceedant’s providers or any other third party to protect the Exceedant Platform;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Exceedant Platform;
  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Exceedant Platform;
  • export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

14.2 You acknowledge that Exceedant has no obligation to monitor the access to or use of the Exceedant Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Exceedant Platform (including without limitation 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) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Exceedant in good faith, and to provide Exceedant with such information and take such actions as may be reasonably requested by Exceedant with respect to any investigation undertaken by Exceedant or a representative of Exceedant regarding the use or abuse of the Exceedant Platform.

14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Exceedant by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

  1. Term and Termination, Suspension and other Measures

15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Exceedant terminate the Agreement in accordance with this provision.

15.2 You may terminate this Agreement at any time via the “Cancel Account” feature on the Exceedant Platform or by sending us an email. If you cancel your Exceedant Account as a Seller and/or Landlord, any confirmed Sales or Rentals or Licenses will be automatically cancelled and your Buyers and Tenants will receive a full refund. If you cancel your Exceedant Account as a Buyer and/or Occupier, any confirmed Sales or Rentals or Licenses will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.

15.3 Without limiting our rights specified below, Exceedant may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.

15.4 Exceedant may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, the Payment Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Exceedant believes in good faith that such action is reasonably necessary to protect the personal safety or property of Exceedant, its Members, or third parties (for example in the case of fraudulent behavior of a Member).

15.5 In addition, Exceedant may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Exceedant Account registration, Listing process or thereafter, (iv) you and/or your Listings or Seller and/or Landlord Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Exceedant otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed Property Sales, Rentals or Licenses or failed to respond to Selling or Renting or Licensing requests without a valid reason, or (vii) Exceedant believes in good faith that such action is reasonably necessary to protect the personal safety or property of Exceedant, its Members, or third parties, or to prevent fraud or other illegal activity:

  • refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
  • cancel any pending or confirmed Sales, Rentals or Licenses;
  • limit your access to or use of the Exceedant Platform;
  • temporarily or permanently revoke any special status associated with your Exceedant Account; or
  • temporarily or in case of severe or repeated offenses permanently suspend your Exceedant Account.

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Exceedant and an opportunity to resolve the issue to Exceedant’s reasonable satisfaction.

15.6 If we take any of the measures described above (i) we may refund your Buyers and Tenants in full for any and all confirmed Sales, Rentals or Licenses that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed Sales, Rentals or Licenses that were cancelled.

15.7 When this Agreement has been terminated, you are not entitled to a restoration of your Exceedant Account or any of your Member Content. If your access to or use of the Exceedant Platform has been limited or your Exceedant Account has been suspended or this Agreement has been terminated by us, you may not register a new Exceedant Account or access and use the Exceedant Platform through an Exceedant Account of another Member.

15.8 If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

  1. Disclaimers

If you choose to use the Exceedant Platform or Collective Content, you do so voluntarily and at your sole risk. The Exceedant Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.

You agree that you have had whatever opportunity you deem necessary to investigate the Exceedant Services, laws, rules, or regulations that may be applicable to your Listings and/or Seller and/or Landlord Services you are receiving and that you are not relying upon any statement of law or fact made by Exceedant relating to a Listing.

If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

You agree that some Sales, Rentals and License Experiences, Events or other Seller and/or Landlord Services may carry inherent risk, and by participating in those Seller and/or Landlord Services, you choose to assume those risks voluntarily. For example, some Seller and/or Landlord 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 Seller and/or Landlord Services. You assume full responsibility for the choices you make before, during and after your participation in a Seller and/or Landlord Service. If you are bringing a minor as an additional Buyer and/or Occupier, you are solely responsible for the supervision of that minor throughout the duration of your Seller and/or Landlord Service and to the maximum extent permitted by law, you agree to release and hold harmless Exceedant from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Seller and/or Landlord Service or in any way related to your Seller and/or Landlord Service.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

  1. Liability

17.1 Unless you reside in the EU, 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 Exceedant Platform and Collective Content, your publishing or Selling or Renting of any Listing via the Exceedant Platform, your purchase or rental or license at any Property, participation in any Experience or Event or use of any other Seller and/or Landlord Service or any other interaction you have with other Members whether in person or online remains with you. Neither Exceedant nor any other party involved in creating, producing, or delivering the Exceedant Platform or Collective 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) from the use of or inability to use the Exceedant Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Exceedant Platform, or (iv) from your publishing or Selling or Renting of a Listing, including the provision or use of a Listing’s Seller and/or Landlord Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Exceedant 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. Except for our obligations to pay amounts to applicable Sellers and Landlords pursuant to these Terms or an approved payment request under the Exceedant Seller and/or Landlord Guarantee, in no event will Exceedant’s aggregate liability arising out of or in connection with these Terms and your use of the Exceedant Platform including, but not limited to, from your publishing or Selling or Renting or Licensing of any Listings via the Exceedant Platform, or from the use of or inability to use the Exceedant Platform or Collective Content and in connection with any Property, Experiences, Event or other Seller and/or Landlord Service, or interactions with any other Members, exceed the amounts you have paid or owe for Sales, Rentals or Licenses via the Exceedant Platform as a Buyer and/or Occupier in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Seller and/or Landlord, the amounts paid by Exceedant to you 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 Exceedant 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. If you reside outside of the U.S., this does not affect Exceedant’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

17.2 If you reside in the EU, Exceedant may be liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Exceedant may be liable for particular intentional and/or negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of Exceedant in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Exceedant is excluded.

  1. Indemnification

You agree to release, defend (at Exceedant’s option), indemnify, and hold Exceedant 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 (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Exceedant Platform or any Exceedant Services, (iii) your interaction with any Member, stay at an Property, participation in an Experience, Event or other Seller and/or Landlord 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) Exceedant’s Collection and Remittance of Taxes, or (v) your breach of any laws, regulations or third party rights.

  1. Dispute Resolution and Arbitration Agreement

19.1 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 Exceedant in the United States (to the extent not in conflict with Section 21).

19.2 Overview of Dispute Resolution Process. Exceedant 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 19.1 applies: (1) an informal negotiation directly with Exceedant’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 19). 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.

19.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Exceedant 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 Exceedant’s customer service team by emailing us. 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.

19.4 Agreement to Arbitrate. You and Exceedant 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 Exceedant Platform, the Seller and/or Landlord 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 Exceedant agree that the arbitrator will decide that issue.

19.5 Exceptions to Arbitration Agreement. You and Exceedant 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).

19.6 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.

19.7 Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Exceedant agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in Hillsborough County, Florida or Philadelphia County Pennsylvania; (c) or New York (d) in any other location to which you and Exceedant 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.

19.8 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, Exceedant 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.

19.9 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.

19.10 Jury Trial Waiver. You and Exceedant acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

19.11 No Class Actions or Representative Proceedings. You and Exceedant 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 Exceedant 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.

19.12 Severability. Except as provided in Section 19.11, 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.

19.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Exceedant changes this Section 19 (“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 Exceedant’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Exceedant 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).

19.14 Survival. Except as provided in Section 19.12 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the Exceedant Platform or terminate your Exceedant Account.

  1. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Exceedant Platform (“Feedback“). You may submit Feedback by emailing us, through the ”Help” or “Contact” or “Support” section of the Exceedant Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

  1. Applicable Law and Jurisdiction

21.1 If you reside in the United States, these Terms will be interpreted in accordance with the laws of the State of Pennsylvania and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 19 must be brought in state or federal court in Philadelphia, Pennsylvania, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Philadelphia, Pennsylvania.

21.2 If you reside in China these Terms will be interpreted in accordance with the laws of Philadelphia, Pennsylvania USA.

21.3 If you reside outside of the United States and China, these Terms will be interpreted in accordance with the laws of Philadelphia, Pennsylvania USA. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer, you agree to submit to the non-exclusive jurisdiction of the Pennsylvania courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in Philadelphia, Pennsylvania. If Exceedant wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdication of the courts in Philadelphia, Pennsylvania.

  1. General Provisions

22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Exceedant and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Exceedant and you in relation to the access to and use of the Exceedant Platform.

22.2 No joint venture, partnership, employment, or agency relationship exists between you and Exceedant as a result of this Agreement or your use of the Exceedant Platform.

22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

22.4 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.

22.5 Exceedant’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.

22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Exceedant’s prior written consent. Exceedant may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

22.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by Exceedant via email, Exceedant Platform notification, or messaging service (including SMS and WeChat). For notices made to Members, the date of receipt will be deemed the date on which Exceedant transmits the notice.

22.8 If you reside in the EU you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that Exceedant is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.

22.9 If you have any questions about these Terms please email us: support@exceedant.com.

Nondiscrimination Policy

Our Commitment to Inclusion and Respect

Exceedant is, at its core, an open community dedicated to bringing the world closer together by fostering meaningful, shared experiences among people from all parts of the world. Our community includes millions of people from virtually every country on the globe. It is an incredibly diverse community, drawing together individuals of different cultures, values, and norms.

The Exceedant community is committed to building a world where people from every background feel welcome and respected, no matter how far they have online transactioned from home. This commitment rests on two foundational principles that apply both to Exceedant’s Sellers and Landlords and Buyers and Tenants: inclusion and respect. Our shared commitment to these principles enables every member of our community to feel welcome on the Exceedant platform no matter who they are, where they come from, how they worship, or whom they love. Exceedant recognizes that some jurisdictions permit, or require, distinctions among individuals based on factors such as national origin, gender, marital status or sexual orientation, and it does not require Sellers and Landlords to violate local laws or take actions that may subject them to legal liability. Exceedant will provide additional guidance and adjust this nondiscrimination policy to reflect such permissions and requirements in the jurisdictions where they exist.

While we do not believe that one company can mandate harmony among all people, we do believe that the Exceedant community can promote empathy and understanding across all cultures. We are all committed to doing everything we can to help eliminate all forms of unlawful bias, discrimination, and intolerance from our platform. We want to promote a culture within the Exceedant community—Sellers and Landlords, Buyers and Tenants and people just considering whether to use our platform—that goes above and beyond mere compliance. To that end, all of us, Exceedant employees, Sellers and Landlords and Buyers and Tenants alike, agree to read and act in accordance with the following policy to strengthen our community and realize our mission of ensuring that everyone can belong, and feels welcome, anywhere.

  • Inclusion – We welcome Buyers and Tenants of all backgrounds with authentic hospitality and open minds. Joining Exceedant, as a Seller and/or Landlord or Buyer and/or Occupier, means becoming part of a community of inclusion. Bias, prejudice, racism, and hatred have no place on our platform or in our community. While Sellers and Landlords are required to follow all applicable laws that prohibit discrimination based on such factors as race, religion, national origin, and others listed below, we commit to do more than comply with the minimum requirements established by law.
  • Respect  We are respectful of each other in our interactions and encounters. Exceedant appreciates that local laws and cultural norms vary around the world and expects Sellers and Landlords and Buyers and Tenants to abide by local laws, and to engage with each other respectfully, even when views may not reflect their beliefs or upbringings. Exceedant’s members bring to our community an incredible diversity of background experiences, beliefs, and customs. By connecting people from different backgrounds, Exceedant fosters greater understanding and appreciation for the common characteristics shared by all human beings and undermines prejudice rooted in misconception, misinformation, or misunderstanding.

Specific Guidance for Sellers and Landlords in the United States and European Union

As a general matter, we will familiarize ourselves with all applicable federal, state, and local laws that apply to private and public Property. Sellers and Landlords should contact Exceedant customer service if they have any questions about their obligations to comply with this Exceedant Nondiscrimination Policy. Exceedant will release further discrimination policy guidance for jurisdictions outside the United States in the near future. Guided by these principles, our U.S. and EU Seller and/or Landlord community will follow these rules when considering potential Buyers and Tenants and Seller and/or Landlording Buyers and Tenants:

Race, Color, Ethnicity, National Origin, Religion, Sexual Orientation, Gender Identity, or Marital Status

  • Exceedant Sellers and Landlords may not
    • Decline a Buyer and/or Occupier based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
    • Impose any different terms or conditions based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
    • Post any listing or make any statement that discourages or indicates a preference for or against any Buyer and/or Occupier on account of race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.

Gender

  • Exceedant Sellers and Landlords may not
    • Decline to sell or rent to a Buyer and/or Occupier based on gender unless the Seller and/or Landlord shares business and/or living spaces (for example, bathroom, kitchen, or common areas) with the Buyer and/or Occupier.
    • Impose any different terms or conditions based on gender unless the Seller and/or Landlord shares business and/or living spaces with the Buyer and/or Occupier.
    • Post any listing or make any statement that discourages or indicates a preference for or against any Buyer and/or Occupier on account of gender, unless the Seller and/or Landlord shares business and/or living spaces with the Buyer and/or Occupier.
  • Exceedant Sellers and Landlords may
    • Make a unit available to Buyers and Tenants of the Seller and/or Landlord’s gender and not the other, where the Seller and/or Landlord shares business and/or living spaces with the Buyer and/or Occupier.

Disability

  • Exceedant Sellers and Landlords may not:
    • Decline a Buyer and/or Occupier based on any actual or perceived disability.
    • Impose any different terms or conditions based on the fact that the Buyer and/or Occupier has a disability.
    • Substitute their own judgment about whether a unit meets the needs of a Buyer and/or Occupier with a disability for that of the prospective Buyer and/or Occupier.
    • Inquire about the existence or severity of a Buyer and/or Occupier’s disability, or the means used to accommodate any disability. If, however, a potential Buyer and/or Occupier raises his or her disability, a Seller and/or Landlord may, and should, discuss with the potential Buyer and/or Occupier whether the listing meets the potential Buyer and/or Occupier’s needs.
    • Prohibit or limit the use of mobility devices.
    • Charge more in sales price or rent or other fees for Buyers and Tenants with disabilities.
    • Post any listing or make any statement that discourages or indicates a preference for or against any Buyer and/or Occupier on account of the fact that the Buyer and/or Occupier has a disability.
    • Refuse to communicate with Buyers and Tenants through accessible means that are available, including relay operators (for people with hearing impairments) and e-mail (for people with vision impairments using screen readers).
    • Refuse to provide sale, rental or license access to Properties, including flexibility when Buyers and Tenants with disabilities request modest changes in your rules, such as bringing an assistance animal that is necessary because of the disability, or using an available parking space near the unit. When a Buyer and/or Occupier requests such an Property, the Seller and/or Landlord and the Buyer and/or Occupier should engage in a dialogue to explore mutually agreeable ways to ensure the property or unit meets the Buyer and/or Occupier’s special needs.
  • Exceedant Sellers and Landlords may:
    • Provide factually accurate information about the property’s or unit’s accessibility features (or lack of them), allowing for Buyers and Tenants and Licensees with disabilities to assess for themselves whether the property or unit is appropriate to their individual needs.

Personal Preferences

  • Exceedant Sellers and Landlords may
    • Except as noted above, Exceedant Sellers and Landlords may decline to rent based on factors that are not prohibited by law. For example, except where prohibited by law, Exceedant Sellers and Landlords may decline to rent Buyers and Tenants with pets, or to Buyers and Tenants who smoke.
    • Require Buyers and Tenants to respect restrictions on foods consumed in the sale, rental or license listing (e.g., a Seller and/or Landlord who maintains a Kosher or vegetarian kitchen may require Buyers and Tenants to respect those restrictions).
    • Nothing in this policy prevents a Seller and/or Landlord from turning down a Buyer and/or Occupier on the basis of a characteristic that is not protected under the civil rights laws or closely associated with a protected class. For example, an Exceedant Seller and/or Landlord may turn down a Buyer and/or Occupier who wants to smoke on a property or in a unit, or place limits on the number of Buyers and Tenants on a property or in a unit.

When Buyers and Tenants are turned down. Sellers and Landlords should keep in mind that no one likes to be turned down. While a Seller and/or Landlord may have, and articulate, lawful and legitimate reasons for turning down a potential Buyer and/or Occupier, it may cause that member of our community to feel unwelcome or excluded. Sellers and Landlords should make every effort to be welcoming to Buyers and Tenants of all backgrounds. Sellers and Landlords who demonstrate a pattern of rejecting Buyers and Tenants from a protected class (even while articulating legitimate reasons), undermine the strength of our community by making potential Buyers and Tenants feel unwelcome, and Exceedant may suspend Sellers and Landlords who have demonstrated such a pattern from the Exceedant platform.

Specific Guidance for Sellers and Landlords Outside the United States and European Union

Outside of the United States and the European Union, some countries or communities may allow or even require people to make Property distinctions based on, for example, marital status, national origin, gender or sexual orientation, in violation of our general nondiscrimination philosophy. In these cases, we do not require Sellers and Landlords to violate local laws, nor to accept Buyers and Tenants that could expose the Sellers and Landlords to a real and demonstrable risk of arrest, or physical harm to their persons or property. Sellers and Landlords who live in such areas should set out any such restriction on their ability to Seller and/or Landlord particular Buyers and Tenants in their listing, so that prospective Buyers and Tenants are aware of the issue and Exceedant can confirm the necessity for such an action. In communicating any such restrictions, we expect Sellers and Landlords to use clear, factual, non-derogatory terms. Slurs and insults have no place on our platform or in our community.

What happens when a Seller and/or Landlord does not comply with our policies in this area?

If a particular listing contains language contrary to this nondiscrimination policy, the Seller and/or Landlord will be asked to remove the language and affirm his or her understanding and intent to comply with this policy and its underlying principles. Exceedant may also, in its discretion, take steps up to and including suspending the Seller and/or Landlord from the Exceedant platform.

If the Seller and/or Landlord improperly rejects Buyers and Tenants on the basis of protected class, or uses language demonstrating that his or her actions were motivated by factors prohibited by this policy, Exceedant will take steps to enforce this policy, up to and including suspending the Seller and/or Landlord from the platform.

As the Exceedant community grows, we will continue to ensure that Exceedant’s policies and practices align with our most important goal: To ensure that Buyers and Tenants and Sellers and Landlords feel welcome and respected in all of their interactions using the Exceedant platform. The public, our community, and we ourselves, expect no less than this.

Payments Terms of Service

Please read these Payments Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By using the Payment Services, you agree to comply with and be bound by these Payments Terms of Service.

Please note: Section 23 of these Payments Terms of Service contains an arbitration clause and class action waiver that applies to all Exceedant Members. If you reside in the United States, this provision applies to all disputes with Exceedant Payments. If you reside outside of the United States, this provision applies to any action you bring against Exceedant Payments in the United States. It affects how disputes with Exceedant Payments are resolved. By accepting these Payments Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

Last Updated: 2-23-2018

These Payments Terms of Service (“Payments Terms”) constitute a legally binding agreement (“Agreement”) between you and Exceedant Payments governing the Payment Services (defined below) conducted through or in connection with the Exceedant Platform.

When these Payments Terms mention “Exceedant Payments,” “we,” “us,” or “our,” it refers to the Exceedant company or independent third party you are contracting with for Payment Services, which may be Exceedant Payments, Inc. (“Exceedant Payments US”) or independent third party. Your contracting entity will generally be determined for each payment or payout based on the jurisdiction in which your Payment Method or Payout Method was issued, as further set forth in Section 21 (“Exceedant Payments Contracting Entity”).

The Exceedant Rules & Policies or Terms of Service (“Exceedant Terms”) separately govern your use of the Exceedant Platform. All capitalized terms have the meaning set forth in the Exceedant Terms unless otherwise defined in these Payments Terms.

Our collection and use of personal information in connection with your access to and use of the Payment Services is described in Exceedant’s Privacy Policy.

Table of Contents

  1. Scope and Use of the Payment Services
  2. Key Definitions
  3. Modification of these Payments Terms
  4. Eligibility, Member Verification
  5. Account Registration
  6. Payment Methods and Payout Methods
  7. Financial Terms for Sellers and Landlords
  8. Financial Terms for Buyers and Tenants
  9. Appointment of Exceedant Payments as Limited Payment Collection Agent
  10. General Financial Terms
  11. Taxes
  12. Damage to Properties and Security Deposits
  13. Currency Conversion
  14. Prohibited Activities
  15. Intellectual Property Ownership, Rights Notices
  16. Feedback
  17. Disclaimers
  18. Liability
  19. Indemnification
  20. Termination, Suspension, and other Measures
  21. Exceedant Payments Contracting Entity
  22. Applicable Law and Jurisdiction
  23. Dispute Resolution and Arbitration Agreement
  24. General Provisions
  25. Additional Clauses for Users Contracting with Exceedant Payments
  26. Contacting Exceedant Payments
  1. Scope and Use of the Payment Services

1.1 Exceedant Payments provides payments services to Members, including payment collection services, payments and payouts, in connection with and through the Exceedant Platform (“Payment Services”).

1.2 Exceedant Payments may restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. Exceedant Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time.

1.3 The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. Exceedant Payments is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Exceedant Payments of such Third-Party Services.

1.4 You may not use the Payment Services except as authorized by United States law, the laws of the jurisdiction in which you reside, and any other applicable laws. In particular, but without limitation, the Payment Services may not be used to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that: (i) neither you nor your Seller and/or Landlord Services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws and other mandates in your local jurisdiction.

1.5 Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.

  1. Key Definitions

Adjusted Exchange Rate” means the Base Exchange Rate plus a 3% fee charged by Exceedant for certain cross-border transactions.

Base Exchange Rate” means a system-wide rate used by Exceedant Payments if the Selling or Renting Currency is different than the Listing Country Currency. It does not include any fee or mark-up by Exceedant Payments. Exceedant Payments establishes the Base Exchange Rate using data from one or more third parties such as OANDA (www.oanda.com).

Selling or Renting Currency” means the currency in which a Buyer and/or Occupier pays for his or her Selling or Renting. The Buyer and/or Occupier will be able to see (and in some cases, select) their Selling or Renting Currency when checking out. The Selling or Renting Currency for a Sale, Rental or License may be different from the relevant Listing Country Currency.

Listing Country Currency” means the default currency associated with the country in which the Listing is located. For example, the Listing Country Currency for a Listing located in New York would be U.S. dollars, and the Listing Country Currency for a Listing located in Japan would be Japanese Yen. Currently, Exceedant’s Marketplaces are offered in the United States and Canada, and the currency is converted to USD.

Payout” means a payment initiated by Exceedant Payments to a Member for services (such as Listing Fees and Co-Seller and/or Co-Landlord Services Fees) performed in connection with the Exceedant Platform.

Payment Method” means a financial instrument that you have added to your Exceedant Account, such as a credit card, debit card, or PayPal account.

Payout Method” means a financial instrument that you have added to your Exceedant Account, such as a PayPal account, direct deposit, a prepaid card, or a debit card (where available).

  1. Modification of these Payments Terms

Exceedant Payments reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the Exceedant Platform and update the “Last Updated” date at the top of these Payments Terms. We will also provide you with notice by email of the modification at least ten (10) days before the date they become effective, however, Members contracting with Exceedant Payments from other countries (when applicable) will receive notice prior to the effective date. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. We will inform you about your right of refusal and your right to terminate this Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.

  1. Eligibility, Member Verification

4.1 You must be at least 18 years old and able to enter into legally binding contracts to use the Payment Services. By using the Payment Services you represent and warrant that you are 18 or older.

4.2 If you are agreeing to these Payments 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 Payments Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

4.3 Exceedant Payments may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.

4.4 We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (i) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; (ii) requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or (iii) attempting to screen your information against third-party databases. Exceedant Payments reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.

  1. Account Registration

5.1 In order to use the Payment Services, you must have an Exceedant Account in good standing. If you or Exceedant closes your Exceedant Account for any reason, you will no longer be able to use the Payment Services.

5.2 You may authorize a third party to use your Exceedant Account in accordance with the Exceedant Terms. You acknowledge and agree that anyone you authorize to use your Exceedant Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.

  1. Payment Methods and Payout Methods

6.1 When you add a Payment Method or Payout Method to your Exceedant Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to Exceedant Payments or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times. The information required for Payout Methods will include:

  • for direct deposit, your address, name on the account, account type, routing number, and account number;
  • for PayPal, your address, email address, and payout currency; and
  • for Payoneer prepaid debit cards, your address, and Payoneer account information.

6.2 When you add or use a new Payment Method, Exceedant Payments may verify the Payment Method by authorizing a nominal amount, not to exceed one dollar ($1), or a similar sum in the Payment Method’s local currency (e.g., one euro or one British pound). For further verification, we may also (i) authorize your Payment Method for one or two additional nominal amounts, each not to exceed two dollars ($2) or a similar sum in the Payment Method’s local currency, and ask you to confirm these amounts, or (ii) require you to upload a billing statement. When you add a Payment Method during checkout, we and/or a third party service providers,  may automatically save that Payment Method to your Exceedant Account so it can be used for a future transaction.

6.3 To verify your Payout Method, Exceedant Payments may send one or more payments of nominal amounts to your Payout Method. We may, and retain the right to, initiate refunds of these amounts from your Payout Method.

6.4 Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Exceedant Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.

6.5 You authorize Exceedant Payments and/or a third party payment service provider, to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your Exceedant Account.

6.6 You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. Exceedant Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.

  1. Financial Terms for Sellers and Landlords

7.1 Generally

Generally speaking, Exceedant Payments will collect the Total Fees from a Buyer and/or Occupier at the time the Buyer and/or Occupier’s Selling or Renting request is accepted by the Seller and/or Landlord, or at any other time mutually agreed between the Buyer and/or Occupier and Exceedant Payments.

7.2. Payouts

7.2.1 In order to receive a Payout you must have a valid Payout Method linked to your Exceedant Account. Exceedant Payments will generally initiate Payouts to your selected Payout Method: (i) for Properties within an industry standard, reasonable time of the Buyer and/or Occupier’s scheduled contract completion; (ii) for Experiences and Events within an industry standard, reasonable time of the start of the Sale or Rental or License Experience or Event or Pop-Up; and (iii) for all other Seller and/or Landlord Services at the time specified via the Exceedant Platform. In certain jurisdictions or instances, Exceedant Payments may offer you a different time or trigger for payment. The time it takes to receive Payouts once released by Exceedant Payments may depend upon the Payout Method you select. Exceedant Payments may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, investigation or other reasonable purpose deemed appropriate by Exceedant.

7.2.2 Your Payout for a Selling or Renting will be the Listing Transaction Fee less applicable Seller and/or Landlord Fees and Taxes.

7.2.3 Exceedant Payments will remit your Payouts in USD, and/or if available to Exceedant, depending upon your selections via the Exceedant Platform through a third party payment service provider. If the currency of your Listing Fee at the time of Selling or Renting is different from your selected Payout currency when we initiate your Payout, we will apply the Base Exchange Rate to your Payout. Amounts may be rounded up or down as described in Section 10.5 (“Rounding Off”).

7.2.4 For compliance or operational reasons, Exceedant Payments may limit the value of each individual Payout. If you are due an amount above that limit, Exceedant may initiate a series of Payouts (potentially over multiple periods of time) in order to provide your full payout amount.

7.3 Co-Seller and/or Co-Landlord

7.3.1 If a Seller and/or Landlord and a Co-Seller and/or Co-Landlord agree on a Co-Seller and/or Co-Landlord Services Fee, Exceedant Payments may, in certain circumstances, at Exceedant’s option and choice, automatically deduct the Co-Seller and/or Co-Landlord Services Fees from the Seller and/or Landlord’s Listing Fee and pay that fee to the Co-Seller and/or Co-Landlord at the same time Exceedant Payments initiates the Seller and/or Landlord’s Payout.

7.3.2 In the event that a refund is due to a Buyer and/or Occupier, Exceedant Payments will automatically deduct the amount of the refund, on a pro-rata basis, from the next Payout due to each of the Seller and/or Landlord and the Co-Seller and/or Co-Landlord.

7.4 If you owe any amount to Exceedant (e.g., as a result of your Sales, Rentals, Licenses, Selling or Renting Modifications, cancellations or other actions as a Buyer and/or Occupier, Seller and/or Landlord or Co-Seller and/or Co-Landlord), you authorize Exceedant Payments to collect these amounts from you by withholding the amounts from your future Payouts and/or charging any Payment Method on file in your Exceedant Account. Any funds collected by Exceedant Payments will set off the amount owed by you to Exceedant and extinguish your obligation to Exceedant. In addition to the amount due, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.

  1. Financial Terms for Buyers and Tenants

8.1 You authorize Exceedant Payments to charge your Payment Method the Total Fees for any Sale or Rental or License requested in connection with your Exceedant Account. Exceedant Payments will collect the Total Fees in the manner agreed between you and Exceedant Payments via the Exceedant Platform. Exceedant Payments will generally collect the Total Fees after the Seller and/or Landlord accepts your Selling or Renting request. However, if you pay with a push Payment Method (such as Boletos or Sofort), Exceedant Payments will collect the Total Fees at the time of your Selling or Renting request. Exceedant Payments may offer alternative options for the timing and manner of payment; any additional fees for using offered payment options will be displayed via the Exceedant Platform and included in the Total Fees, and you agree to pay such fees by selecting the payment option. If Exceedant Payments is unable to collect the Total Fees as scheduled, Exceedant Payments will collect the Total Fees at a later point. Once the payment transaction for your requested Selling or Renting is successfully completed you may receive a confirmation email.

8.2 When you request to Sell and/or Rent a Listing, Exceedant Payments may also (i) obtain a pre-authorization via your Payment Method for the Total Fees or (ii) charge or authorize your Payment Method a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting to verify your Payment Method.

8.3 If a requested Selling or Renting is cancelled either because it is not accepted by the Seller and/or Landlord or you cancel the Selling or Renting request before it is accepted by the Seller and/or Landlord, any amounts collected by Exceedant Payments will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.

8.4 You authorize Exceedant Payments to perform the Payment Method verifications described in Sections 6 and 8, and to charge your Payment Method for any Sales or Rentals made in connection with your Exceedant Account. You hereby authorize Exceedant Payments to collect any amounts due by charging the Payment Method provided at checkout, either directly by Exceedant Payments or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the Exceedant Platform (ex. Later may be rewards or discount cards or similar method).

8.5 If Exceedant Payments is unable collect any amounts due via your selected Payment Method, you authorize Exceedant Payments to charge any other Payments Methods on file in your Exceedant Account (unless you have previously removed the authorization to charge such Payment Method(s)). You also authorize Exceedant Payments to charge any Payment Method on file in your Exceedant Account in the event of a Damage Claim pursuant to Section 12 (“Damage to Properties and Security Deposits”).

8.6 For Rentals or Licenses, if you Overstay at an Property, you authorize Exceedant Payments to charge any Payment Method(s) you have on file in your Exceedant Account to collect Overstay Fees payable under the Exceedant Terms. In addition, Exceedant Payments may recover any costs and expenses it incurs in collecting the Overstay Fees by charging any Payment Method(s) you have on file in your Exceedant Account.

8.7 Exceedant Payments is not responsible for any fees that a Buyer and/or Occupier’s third-party payment service provider may impose when Exceedant Payments charges the Buyer and/or Occupier’s Payment Method, and Exceedant Payments disclaims all liability in this regard.

  1. Appointment of Exceedant Payments as Limited Payment Collection Agent

9.1 Each Member collecting payment for services provided via the Exceedant Platform (such as Seller and/or Landlord Services or Co-Seller and/or Co-Landlord Services, or transactions facilitated through the Resolution Center) (“Providing Member”) hereby appoints Exceedant Payments as the Providing Member’s payment collection agent solely for the limited purpose of accepting funds from Members purchasing such services (“Purchasing Members”).

9.2 Each Providing Member agrees that payment made by a Purchasing Member through Exceedant Payments, shall be considered the same as a payment made directly to the Providing Member, and the Providing Member will provide the purchased services to the Purchasing Member in the agreed-upon manner as if the Providing Member has received the payment directly from the Purchasing Member. Each Providing Member agrees that Exceedant Payments may refund the Purchasing Member in accordance with the Exceedant Terms. Each Providing Member understands that Exceedant Payments’ obligation to pay the Providing Member is subject to and conditional upon successful receipt of the associated payments from Purchasing Members. Exceedant Payments guarantees payments to Providing Members only for such amounts that have been successfully received by Exceedant Payments from Purchasing Members in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Providing Member, Exceedant Payments assumes no liability for any acts or omissions of the Providing Member.

9.3 Each Purchasing Member acknowledges and agrees that, notwithstanding the fact that Exceedant Payments is not a party to the agreement between you and the Providing Member, Exceedant Payments acts as the Providing Member’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Providing Member. Upon your payment of the funds to Exceedant Payments, your payment obligation to the Providing Member for the agreed upon amount is extinguished, and Exceedant Payments is responsible for remitting the funds to the Providing Member in the manner described in these Payments Terms, which constitute Exceedant Payments’ agreement with the Purchasing Member. In the event that Exceedant Payments does not remit any such amounts, the Providing Member will have recourse only against Exceedant Payments and not the Purchasing Member directly.

  1. General Financial Terms

10.1 Service Fees and Other Fees

10.1.1 Exceedant Payments collects the Service Fees charged by Exceedant pursuant to the Exceedant Terms. Where applicable, Exceedant Payments may also collect Taxes (later, if expanding outside of the USA, such as VAT in Europe) in respect of the Seller and/or Landlord Fees and Buyer and/or Occupier Fees. Exceedant Payments deducts the Seller and/or Landlord Fees from the Listing Fees before remitting the Payout to the Seller and/or Landlord as described in these Payments Terms. Buyer and/or Occupier Fees are included in the Total Fees collected by Exceedant Payments.

10.1.2 More information about when Services Fees apply and how they are calculated can be found on our Service Fees Page. Exceedant Payments may charge additional fees for use of certain Payment Services and any applicable fees will be disclosed to Members via the Exceedant Platform.

10.2 Cancellations and Refunds

10.2.1 If a Buyer and/or Occupier cancels a confirmed Sale or Rental or License, Exceedant Payments will refund the amount of the Total Fees due to the Buyer and/or Occupier pursuant to the Listing’s cancellation policy and as otherwise in accordance with the Exceedant Terms (including the Buyer and/or Occupier Refund Policy or Extenuating Circumstances Policy). Exceedant Payments will also initiate a Payout of any portion of the Total Fees due to the Seller and/or Landlord under the applicable cancellation policy.

10.2.2 If a Seller and/or Landlord cancels a confirmed Selling or Renting, Exceedant Payments will provide the Buyer and/or Occupier a full refund of the Total Fees within a commercially reasonable time of the cancellation. In some instances, Exceedant may allow the Buyer and/or Occupier to apply the refund to a new Sale or Rental or License, in which case Exceedant Payments will credit the amount against the Buyer and/or Occupier’s subsequent Sale or Rental or License at the Buyer and/or Occupier’s direction.

10.2.3 If, as a Seller and/or Landlord, you cancel a confirmed Sale, Rental or License, you agree that Exceedant Payments may collect any cancellation fees imposed pursuant to the Exceedant Terms. In these instances, Exceedant Payments will treat your cancellation as a payment authorization.

10.2.4 If a Seller and/or Landlord modifies or cancels an Experience, Event, or other Seller and/or Landlord Service, Exceedant Payments will provide Buyers and Tenants a refund in accordance with the Exceedant Terms.

10.2.5 All refunds may be subject to the Exceedant Terms, Extenuating Circumstances Policy, and Buyer and/or Occupier Refund Policy. If a Buyer and/or Occupier or Exceedant decides for any reason to cancel a confirmed Selling or Renting or Licensing pursuant to the Exceedant Terms, Buyer and/or Occupier Refund Policy, or Extenuating Circumstances Policy, you agree that Exceedant Payments will not have any liability for such cancellations or refunds aside from its obligations to remit refunds or Payouts pursuant to these Payments Terms.

10.2.6 If, as a Seller and/or Landlord, your Buyer and/or Occupier cancels a confirmed Selling or Renting or Licensing, or Exceedant decides that it is necessary to cancel a confirmed Selling or Renting or Licensicng, and Exceedant issues a refund to the Buyer and/or Occupier in accordance with the Buyer and/or Occupier Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, Exceedant Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.

10.3 Resolution Center

You agree that Exceedant Payments may collect from you any amount paid through the Resolution Center in connection with your Exceedant Account by charging the Payment Method associated with the relevant Selling or Renting or any other Payment Method on file in your Exceedant Account, or by withholding the amount from your future Payouts. Exceedant Payments will process such payments otherwise in accordance with these Payments Terms.

10.4 Recurring Payments

10.4.1 For certain Sales, Rentals or Licenses, Exceedant Payments may require a Buyer and/or Occupier to make recurring, incremental payments toward the Total Fees owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the Exceedant Platform if applicable to a Selling or Renting or Licensing.

10.4.3 If Recurring Payments apply to a confirmed Selling or Renting, then the Buyer and/or Occupier authorizes Exceedant Payments to collect the Total Fees, and the Seller and/or Landlord agrees that Exceedant Payments will initiate Payouts, in the increments and at the frequency agreed to and identified via the Exceedant Platform.

10.4.4 Buyers and Tenants may stop payment of a Recurring Payment by notifying Exceedant Payments in writing at least fourteen (14) business days before the scheduled date of the payment. Exceedant Payments may require that you give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within fourteen (14) days as requested, Exceedant Payments is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact Exceedant Payments pursuant to Section 26.

10.5 Rounding Off

10.5.1 Exceedant Payments may, in its sole discretion, round up or round down amounts that are payable from or to Members to the nearest whole functional base unit in which the currency is denominated (i.e., to the nearest dollar, euro or other supported currency); for example, Exceedant Payments may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.

10.5.2 For currencies denominated in large numbers, Exceedant Payments may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Exceedant Payments to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.

10.6 Payment Processing Errors

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount.

10.7 Selling or Renting or Licensing Modifications

If, as a Buyer and/or Occupier, you owe additional amounts to Exceedant due to a Selling or Renting or Licensing Modification, you agree that Exceedant Payments may collect such amounts by charging the Payment Method used to make your Selling or Renting or Licensing (or, if that Payment Method is not available, through any other authorized Payment Method in your Exceedant Account). If, as a Seller and/or Landlord, you owe Exceedant any amounts due to a Selling or Renting or Licensing Modification, you agree that Exceedant Payments may collect those amounts pursuant to Section 7 (“Financial Terms for Sellers and Landlords”) and as otherwise permitted under these Payments Terms.

10.8 Collections

If Exceedant Payments is unable to collect any amounts you owe under these Payments Terms, Exceedant Payments may engage in collection efforts to recover such amounts from you. Exceedant Payments will deem any owed amounts overdue when: (a) for authorized charges, ninety (90) days have elapsed after Exceedant Payments first attempts to charge the Member’s Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Seller and/or Landlord’s future Payouts, one hundred and eighty (180) days have elapsed after the adjustment is made to the Seller and/or Landlord’s account or the associated services have been provided, whichever is later. Any overdue amounts not collected within one hundred and eighty (180) days after they become overdue will be deemed to be in default. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to Exceedant and/or Exceedant Payments by you. Such communication may be made by Exceedant, Exceedant Payments, or by anyone on their behalf, including but not limited to a third-party collection agent.

10.9 Exceedant Credits

Exceedant Credits may be redeemed for applicable Sales, Rentals or Licenses via the Exceedant Platform as specified in the Exceedant Referral Program Terms & Conditions or other terms and conditions provided with the Credit. You may only redeem Exceedant Credits after the Exceedant Credits are reflected in your Exceedant Account.

  1. Taxes

11.1 In any jurisdiction where Exceedant facilitates Collection and Remittance pursuant to the Exceedant Terms, you hereby instruct and authorize Exceedant Payments to collect Sales, Occupancy Taxes and/or other applicable Taxes from Buyers and Tenants on the Seller and/or Landlord’s behalf at the time the Listing Fees are collected, and to remit such Taxes to the Tax Authority. The amount of Taxes, if any, collected and remitted by Exceedant Payments will be visible to and separately stated to both Buyers and Tenants and Sellers and Landlords on their respective transaction documents. You expressly agree to release, defend, indemnify, and hold Exceedant Payments and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Taxes, including, without limitation, the applicability of, calculation, collection or remittance of Taxes in any amount or at all as to your transactions or Properties.

11.2 You agree that any claim or cause of action relating to Exceedant Payments’ facilitation of Collection and Remittance shall not extend to any supplier or vendor that may be used by Exceedant in connection with facilitation of Collection and Remittance of Taxes, if any. Buyers and Tenants and Sellers and Landlords agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Taxes collected is a refund of Taxes collected by Exceedant from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

  1. Damage to Properties and Security Deposits

12.1 If you as a Buyer and/or Occupier (i) agree to pay the Seller and/or Landlord in connection with a Damage Claim, or (ii) Exceedant determines that you are responsible for damaging an Property or any personal, business, or other property and asset located at an Property pursuant to the Exceedant Terms, you authorize Exceedant Payments to charge the Payment Method used to make the Selling or Renting or Licensing in order to collect any Security Deposit associated with the Listing, as well as any amount of the Damage Claim exceeding any Security Deposit. If the Listing does not have a Security Deposit, Exceedant Payments may charge the Payment Method used to make the Selling or Renting or Licensing for the amount of the Damage Claim. If we are unable to collect from your Payment Method used to make the Selling or Renting or Licensing, you agree that Exceedant Payments may charge any other Payment Method on file (and not otherwise unauthorized) in your Exceedant Account at the time of the Damage Claim.

12.2 Exceedant Payments also reserves the right to otherwise collect payment from you and pursue any remedies available to Exceedant Payments in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Sellers and Landlords under the Exceedant Seller and/or Landlord Guarantee. 

12.3 Security Deposits, if required by a Seller and/or Landlord, may be applied to any Industry Standard Fees (Ex. Rental or Licensing Overstay fees, etc.) due from a Buyer and/or Occupier.

  1. Currency Conversion

13.1 Exceedant Payments will do a currency conversion in the following situations:

  • Where a Buyer and/or Occupier submits a Selling or Renting request for a Listing using a Selling or Renting Currency that is different from the Listing Country Currency, Exceedant Payments will calculate the Total Fees in the Selling or Renting Currency by applying either the Base Exchange Rate or the Adjusted Exchange Rate to the Total Fees in the Listing Country Currency at the time of the Selling or Renting request. Any fees that are based on a percentage of the applicable Listing Fees (such as Buyer and/or Occupier Fees), will be calculated based on the Listing Fees in the Selling or Renting Currency (i.e., after conversion from the Listing Country Currency). The Base Exchange Rate will be applied if Exceedant is unable to process your transaction in the default currency of your Payment Method; in all other cases, the Adjusted Exchange Rate will apply.
  • When a confirmed Selling or Renting is modified or cancelled, and a currency conversion has been applied, the Buyer and/or Occupier’s payment will be processed using the same Base Exchange Rate or Adjusted Exchange Rate applied at the time of the original Selling or Renting.

13.2 When you as a Buyer and/or Occupier submit a Selling or Renting or Licensing request for a Listing, and such request may be subject to a currency conversion, you may be able to view the exchange rate applied to do the currency conversion before you checkout, depending on the third party payment service provider.

  1. Prohibited Activities

You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or the Exceedant Terms, Policies, or Standards;
  • use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
  • register or use any Payment Method or Payout Method with your Exceedant Account that is not yours or you do not have authorization to use;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Exceedant Payments or any of Exceedant Payments’ providers or any other third party to protect the Payment Services;
  • take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.
  1. Intellectual Property Ownership, Rights Notices

15.1 The Payment Services (may be referred to as “ExceedPay”) as well as Exceedant, Exceedant.com and its affiliates or related websites and brands, are protected by copyright, trademark, servicemark, and other laws of the United States and foreign countries. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of Exceedant, Exceedant Payments, ExceedPay and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Payment Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of Exceedant or Exceedant Payments used on or in connection with the Payment Services are trademarks or registered trademarks of Exceedant or Exceedant Payments in the United States and abroad. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used on or in connection with Payment Services are used for identification purposes only and may be the property of their respective owners.

15.2 You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Payment Services, except as expressly permitted in these Payments Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Exceedant, Exceedant Payments, or its licensors, except for the licenses and rights expressly granted in these Payments Terms.

  1. Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Payment Services (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the Exceedant Platform, or pursuant to Section 26 (“Contacting Exceedant Payments or ExceedPay”). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

  1. Disclaimers

17.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. The Payment Services are provided “as is”, without warranty of any kind, either express or implied.

17.2 Notwithstanding Exceedant Payments’ appointment as the limited payment collection agent of Providing Members for the purposes of accepting payments from Purchasing Members through the Exceedant Platform, Exceedant Payments explicitly disclaims all liability for any act or omission of any Member or other third party. Exceedant Payments does not have any duties or obligations as agent for each Providing Member except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are expressly excluded.

17.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

17.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

  1. Liability

18.1 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 Payment Services remains with you. If you permit or authorize another person to use your Exceedant Account in any way, you are responsible for the actions taken by that person. Neither Exceedant Payments nor any other party involved in creating, producing, or delivering the Payment Services 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 Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Exceedant Payments 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. Except for our obligations to pay amounts to applicable Providing Members pursuant to these Payments Terms or an approved payment request under the Exceedant Seller and/or Landlord Guarantee, in no event will Exceedant Payments’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed the amounts you have paid or owe for Selling or Rentings or Licensings via the Exceedant Platform as a Buyer and/or Occupier in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Seller and/or Landlord or Co-Seller and/or Landlord, the amounts paid by Exceedant Payments to you 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 Exceedant Payments 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.

18.2 N/A

  1. Indemnification

You agree to release, defend (at Exceedant’s option), indemnify, and hold Exceedant Payments 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 (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) Exceedant Payments’ Collection and Remittance of Occupancy Taxes; or (iv) your breach of any laws, regulations, or third-party rights.

  1. Termination, Suspension, and other Measures

20.1 You may terminate this Agreement at any time via the “Cancel Account” feature on the Exceedant Platform or by sending us an email, or by following the termination procedures specified in the Exceedant Terms. Terminating this Agreement will also serve as notice to cancel your Exceedant Account pursuant to the Exceedant Terms. If you cancel your Exceedant Account as a Seller and/or Landlord, Exceedant Payments will provide a full refund to any Buyers and Tenants with confirmed Sales, Rentals or Licenses. If you cancel your Exceedant Account as a Buyer and/or Occupier, Exceedant Payments will initiate a refund for any confirmed Sales, Rentals or Licenses based on the Listing’s cancellation policy.

20.2 Without limiting our rights specified below, Exceedant Payments may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.

20.3 Exceedant Payments may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under this Agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) Exceedant and/or Exceedant Payments believes in good faith that such action is reasonably necessary to protect other Members, Exceedant, Exceedant Payments, or third parties (for example in the case of fraudulent behavior of a Member).

20.4 In addition, Exceedant and Exceedant Payments (e.g. ExceedPay) may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, or if (ii) you have breached these Payments Terms, the Exceedant Terms, applicable laws, regulations or third-party rights, (iii) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, or (iv) Exceedant Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of Exceedant, its Members, Exceedant Payments, or third parties, or to prevent fraud or other illegal activity.

20.5 In case of non-material breaches and where appropriate, you will be given notice of any measure by Exceedant Payments and an opportunity to resolve the issue to Exceedant Payments’ reasonable satisfaction.

20.6 If you are a Seller and/or Landlord and we take any of the measures described in this Section we may refund your Buyers and Tenants in full for any and all confirmed Sales, Rentals or Licenses, irrespective of preexisting cancellation policies, and you will not be entitled to any compensation for pending or confirmed Sales, Rentals or Licenses that were cancelled.

20.7 If your access to or use of the Payment Services has been limited or this Agreement has been terminated by us, you may not register a new Exceedant Account or attempt to access and use the Payment Services through other an Exceedant Account of another Member.

20.8 N/A

  1. Exceedant Payments Contracting Entity

21.1 Generally speaking, the Exceedant Payments entity with whom you are contracting for the Payment Services is determined for each payment or payout based on the jurisdiction where the Payment Method or Payout Method was issued. The jurisdictions and the corresponding Exceedant Payments contracting entity are set forth below:

Jurisdiction

Local Contracting Entity

United States

Exceedant LLC and/or Exceedant Payments (e.g. ExceedPay)

N/A

 

N/A

 
  

21.2 N/A

21.3 N/A

  1. Applicable Law and Jurisdiction

22.1 If you are contracting with Exceedant LLC and/or Exceedant Payments US, these Payments Terms will be interpreted in accordance with the laws of the State of Pennsylvania and/or Florida and/or New York (the sole choice of Exceedant) and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 23 must be brought in state or federal court in Philadelphia, Pennsylvania, unless both parties agree to some other location. You and we both consent to venue and personal jurisdiction in Philadelphia, Pennsylvania.

22.2 N/A

22.3 N/A

22.4 N/A

  1. Dispute Resolution and Arbitration Agreement

23.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) are contracting with Exceedant LLC (or later, when formed, Exceedant Payments US or ExceedPay); or (ii) bring any claim against any Exceedant LLC (or later, when formed, Exceedant Payments US or ExceedPay) entity in the United States (to the extent not in conflict with Section 22).

23.2 Overview of Dispute Resolution Process. Exceedant et. al. is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payments Terms provide for a two-part process for individuals to whom Section 23.1 applies: (1) an informal negotiation directly with Exceedant’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 23). 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.

23.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Exceedant Payments 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 Exceedant’s customer service team by emailing us. 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.

23.4 Agreement to Arbitrate. You and Exceedant et. al. mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Payment Services (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 Exceedant agree that the arbitrator will decide that issue.

23.5 Exceptions to Arbitration Agreement. You and Exceedant et. al. 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).

23.6 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.

23.7 Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Exceedant and Exceedant Payments et.al. agree that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and Exceedant, Exceedant Payments 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.

23.8 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, Exceedant, Exceedant Payments 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.

23.9 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.

23.10 Jury Trial Waiver. You and Exceedant, Exceedant Payments, et. al. acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

23.11 No Class Actions or Representative Proceedings. You and Exceedant, Exceedant Payments et. al. 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 Exceedant,Exceedant Payments et.al. 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.

23.12 Severability. Except as provided in Section 23.11, 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.

23.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Payments Terms”), if Exceedant Payments changes this Section 23 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments 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 Exceedant’s, Exceedant Payments’ et. al. email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Exceedant, Exceedant Payments et. al. in accordance with the provisions of the “Dispute Resolution” section as of the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms).

23.14 Survival. Except as provided in Section 23.12 and subject to Section 20.8, this Section 23 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your Exceedant Account.

  1. General Provisions

24.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire Agreement between Exceedant,Exceedant Payments et.al. and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Exceedant, Exceedant Payments et. al. and you regarding the Payment Services.

24.2 No joint venture, partnership, employment, or agency relationship exists between you or Exceedant, Exceedant Payments et. al. as a result of this Agreement or your use of the Payment Services.

24.3 If any provision of these Payments 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.

24.4 Exceedant’s and/or Exceedant Payments’ et. al. failure to enforce any right or provision in these Payments 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 Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.

24.5 You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without Exceedant’s, Exceedant Payments’ et. al. prior written consent. Exceedant, Exceedant Payments et. al. may without restriction assign, transfer, or delegate this Agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice. Your right to terminate this Agreement at any time remains unaffected.

24.6 This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third-party beneficiaries of this Agreement for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to this Agreement.

24.7 Unless specified otherwise, any notices or other communications permitted or required under this Agreement, will be in writing and given by Exceedant, Exceedant Payments, et. al. via email, Exceedant Platform notification, or messaging service (including SMS and WeChat). The date of receipt will be deemed the date on which Exceedant transmits the notice or as otherwise determined by laws of the jurisdiction.

24.8 N/A

  1. N/A

25.1 N/A

25.1.1 N/A

25.1.2 N/A

25.1.3 N/A

25.2 Communication. Exceedant Payments will provide the Seller and/or Landlord notice via email when we initiate each Payout. We will also provide notice to a Seller and/or Landlord’s registered email address if the Payout is returned to us because of an error. It is your responsibility as a Seller and/or Landlord to ensure that you provide us with a current, accurate, and valid email address.

25.3 N/A

25.3.1 N/A

25.3.2 We will not be liable for any loss arising from: (i) Diverted Payouts where you acted fraudulently or where, with intent or gross negligence, you failed to use the Exceedant Platform and/or Payment Services in accordance with the Exceedant Terms or these Payments Terms (including the obligation to keep your Credentials safe); (ii) or any payout transaction which we facilitated in accordance with information provided by you where the information you provided was incorrect.

25.3.3 If you as Seller and/or Landlord claim not to have received a Payout properly due to you via your chosen Payout Method, Exceedant and/or Exceedant Payments, ExceedPay et. al. will (if requested) make immediate efforts to trace the payment and will notify you of the outcome. Unless we can prove that the payment was received by you via your chosen Payout Method, we will refund the amount.

25.3.4 Any complaints about the Payment Services should be made to Exceedant Exceedant Payments and/or ExceedPay et. al. pursuant to Section 26. Complaints that are made in accordance with this section that relate to the provision of Payment Services by Exceedant et. al. may be be eligible for referral (at Exceedant’s sole discretion) to the Financial Ombudsman and will be subject to the Rules of the Financial Ombudsman Service. The Financial Ombudsman Service may offer a free complaints resolution service to individuals, micro-enterprises, small charities, and trustees of small trusts.

N/A

25.4 Section 8 N/A

  1. Contacting Exceedant Payments

You may contact Exceedant, Exceedant Payments, ExceedPay et. al. regarding the Payment Services using the information below:

Entity

Contact Information

Exceedant LLC and/or
Exceedant Payments, ExceedPay, et. al.

Wells Fargo Center
100 S. Ashley Dr. Suite 600
Tampa, Florida 33602
United States of America

+1 877.224.3180 ET USA.

N/A

 

N/A

 
  

These Payments Terms are available at www.Exceedant.com Payment Terms. Exceedant Payments will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us.

Exceedant Privacy Policy

Last Updated: February 25, 2018

Thank you for using Exceedant!

This Privacy Policy explains how we collect, use, process, and disclose your information across the Exceedant Platform.

If you see an undefined term in this Privacy Policy (such as “Listing” or “Exceedant Platform”), it has the same definition as outlined in our Terms of Service.

When this policy mentions “Exceedant,” “we,” “us,” or “our,” it refers to the Exceedant company that is responsible for your information under this Privacy Policy (the “Data Controller”).

  • If you reside in the United States and outside the United States, the Data Controller is Exceedant, LLC, and/or third party data service provider or as otherwise notified.
  • N/A

If you change your place of business and/or residence, the Data Controller may be determined by your new place of business and/or residence as specified above, from the date on which your place of business and/or residence changes.

This Privacy Policy also applies to the Payment Services provided to you by Exceedant Payments pursuant to the Payments Terms of Service (“Payments Terms”). One or more Exceedant Payments entities will be the Data Controller of your information related to the Payment Services depending on where your Payment Method or Payout Method is issued:

  • If issued in the United States or outside of the United States, the Data Controller is Exceedant LLC, a third party data service provider, or Exceedant Payments or ExceedPay or as notified.
  • N/A
  1. INFORMATION WE COLLECT

There are three general categories of information we collect.

1.1 Information You Give Us.

We collect information you share with us when you use the Exceedant Platform.

  • Account Information. When you sign up for an Exceedant Account, we may require certain information such as your name, email address, and date of birth.
  • Profile Information. To use certain features within the Exceedant Platform, we may also ask you to complete a profile, which may include your address, phone number, and gender. Certain parts of your profile (like your profile picture, first name, and description) are a part of your public profile page, and will be publicly visible to others.
  • Other Authentication-Related Information. To help create and maintain a trusted environment, we may collect identification (like a photo of your government-issued ID) or other authentication information. To learn more, providing identification on Exceedant.
  • Payment Information. We collect your financial information (like your bank account or credit card information) when you use the Payment Services to process payments.
  • Communications with Exceedant and other Members. When you communicate with Exceedant or use the Exceedant Platform to communicate with other Members, we may collect information about your communication and any information you choose to provide.
  • Contact Information. You may choose to import your contacts or enter your contacts’ information manually to access certain features of the Exceedant Platform, like inviting them to use Exceedant.
  • Other Information. You may otherwise choose to provide us information when you fill in a form, conduct a search, update or add information to your Exceedant Account, respond to surveys, post to community forums, participate in promotions, or use other features of the Exceedant Platform.

1.2 Information We Automatically Collect from Your Use of the Exceedant Platform.

When you use the Exceedant Platform, we collect information about the services you use and how you use them.

  • Usage Information. We collect information about your interactions with the Exceedant Platform, such as the pages or other content you view, your searches for Listings, Sales, Rentals, Licenses or other transactions you have made, and other actions on the Exceedant Platform.
  • Location Information. When you use certain features of the Exceedant Platform, we may collect different types of information about your general location (e.g. IP address, zip code) or more specific location information (e.g. precise location from your mobile GPS). Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu.
  • Log Data. We automatically collect log information when you use the Exceedant Platform, even if you have not created an Exceedant Account or logged in. That information includes, among other things: details about how you’ve used the Exceedant Platform (including links to third party applications), IP address, access times, hardware and software information, device information, device event information (e.g., crashes, browser type), and the page you’ve viewed or engaged with before or after using the Exceedant Platform.
  • Transaction Information. We collect information related to your transactions on the Exceedant Platform, including the date and time, amounts charged, and other related transaction details.
  • Cookies and Similar Technologies. We use cookies and other similar technologies, such as web beacons, pixels, and mobile identifiers. We may also allow our business partners to use these tracking technologies on the Exceedant Platform, or engage others to track your behavior on our behalf. While you may disable the usage of cookies through your browser settings, we do not change our practices in response to a “Do Not Track” signal in the HTTP header from your browser or mobile application. For more information on our use of these technologies, see our Cookie Policy.

1.3 Information We Collect from Third Parties.

We may collect information that others provide about you when they use the Exceedant Platform, or obtain information from other sources and combine that with information we collect through the Exceedant Platform.

  • Third Party Services. If you link, connect, or login to your Exceedant Account with a third party service, (e.g. Facebook, LinkedIn, etc.) the third party service may send us information such as your registration and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.
  • Your References. If someone has written a reference for you, it will be published on your Exceedant public profile page.
  • Background Information. For Members in the United States, to the extent permitted by applicable laws, Exceedant may obtain reports from public records of criminal convictions or sex offender registrations. For Members outside of the United States, to the extent permitted by applicable laws, Exceedant may obtain the local version of background or registered sex offender checks. We may use your information, including your full name and date of birth, to obtain such reports.
  • Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information, from third party service providers and/or partners, and combine it with information we have about you. For example, we may receive background check results or fraud warnings from service providers like identity verification services for our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the Exceedant Platform through partnerships, or about your experiences and interactions from our partner ad networks.
  1. HOW WE USE INFORMATION WE COLLECT

We use, store, and process information about you to provide, understand, improve, and develop the Exceedant Platform, and to create and maintain a trusted and safer environment.

2.1 Provide, Improve, and Develop the Exceedant Platform.

  • Enable you to access and use the Exceedant Platform.
  • Enable you to communicate with other Members.
  • Operate, protect, improve and optimize the Exceedant Platform and experience, such as by performing analytics and conducting research.
  • Personalize or otherwise customize your experience by, among other things, ranking search results or showing ads based on your search, Selling or Renting history, and preferences.
  • Enable you to access and use the Payment Services.
  • Provide customer service.
  • Send you service or support messages, such as updates, security alerts, and account notifications.
  • If you provide us with your contacts’ information, we may use and store this information: (i) to facilitate your referral invitations, (ii) send your requests for references, (iii) for fraud detection and prevention, and (iv) for any purpose you authorize at the time of collection.

2.2 Create and Maintain a Trusted and Safer Environment.

  • Detect and prevent fraud, spam, abuse, security incidents, and other harmful activity.
  • Conduct investigations and risk assessments.
  • Verify or authenticate information or identifications provided by you (such as to verify your Property address or compare your identification photo to another photo you provide).
  • Conduct checks against databases and other information sources.
  • Comply with our legal obligations.
  • Resolve any disputes with any of our users and enforce our agreements with third parties.
  • Enforce our Terms of Service, Payment Terms, and other policies.

2.3 Provide, Personalize, Measure, and Improve our Advertising and Marketing.

  • Send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your communication preferences (including information about Exceedant or partner campaigns and services).
  • Personalize, measure, and improve advertising.
  • Administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Exceedant or its third party business partners.
  1. SHARING & DISCLOSURE

3.1 With Your Consent.

We may share your information at your direction or as described at the time of sharing, such as when you authorize a third party application or website to access your Exceedant Account.

3.2 Sharing between Sellers and Landlords, Buyers and Tenants and Co-Sellers and Co-Landlords.

To help facilitate Sales, Rentals and Licenses, we may share your information with other Members as follows:

  • When you as a Buyer and/or Occupier submit a Selling or Renting or Licensing request, certain information about you is shared with the Seller and/or Landlord (and Co-Seller and/or Co-Landlord, if applicable), including your full name, the full name of any additional Buyers and Tenants, your cancellation history, and other information you agree to share. When your Sale or Rental or License is confirmed, we will disclose additional information to assist with coordinating the transaction, like your full name, phone number, email, and listed address.
  • When you as a Seller and/or Landlord (or Co-Seller and/or Co-Landlord, if applicable) have a confirmed Sale, Rental or License transaction, certain information is shared with the Buyer and/or Occupier to coordinate the Selling or Renting or Licensing, such as your full name, phone number, and Property address.
  • When you as a Seller and/or Landlord invite another Member to become a Co-Seller and/or Co-Landlord, you authorize the Co-Seller and/or Co-Landlord to access your information and Member Content, including but not limited to certain information like your full name, phone number, subject Property address, listed business and/or residence address and email address.

We do not share your billing and payout information with other Members.

3.3 Profiles, Listings, and other Public Information.

The Exceedant Platform lets you publish information that is visible to the general public. For example:

  • Parts of your public profile page, such as your first name, your description, and city, are publicly visible to others.
  • Public Listing pages are publicly visible and include information such as the Property or Experience’s approximate location (neighborhood and city), Listing description, calendar availability (optional link or if applicable), the Seller and/or Landlord public profile photo, aggregated demand information (like page views over a period of time), and any additional information the Seller and/or Landlord chooses to share.
  • After completing a Selling or Renting or Licensing, Buyers and Tenants and Sellers and Landlords may write reviews and rate each other. Reviews are a part of your public profile page.
  • If you submit content in a public forum or social media post, or use a similar feature on the Exceedant Platform, that content is publicly visible.

Information you share publicly on the Exceedant Platform may be indexed through third party search engines. In some cases, you may opt-out of this feature in your Account settings. If you may change your settings or your public-facing content, these search engines may not update their databases. We do not control the practices of third party search engines, and they may use caches containing your outdated information.

3.4 Service Providers.

We use a variety of third party service providers to help us provide services related to the Exceedant Platform. Service providers may be located inside or outside of the United States. For example, service providers may help us: (i) verify or authenticate your identification, (ii) check information against public databases, (iii) assist us with background checks, fraud prevention, and risk assessment, or (iv) provide customer service, advertising, or payments services. These providers have limited access to your information to perform these tasks on our behalf, and are contractually obligated to use it consistent with this Privacy Policy.

3.5 Additional Services by Sellers and Landlords.

Sellers and Landlords may use third party services available through the Exceedant Platform to assist with managing their Property or providing additional services, such as managers, brokers, agents, lenders, title escrow, insurance, cleaning services or lock providers. Sellers and Landlords may use features on the Exceedant Platform to share information about the Buyer and/or Occupier (like closing, settlement, rent commencement, move-in, closure, termination and/or other dates, Buyer and/or Occupier name, Buyer and/or Occupier phone number, and Buyer and/or Occupier anonymized email address) with that third party service provider for the purposes of coordinating the transaction, managing the Property, or delivering other services.

3.6 Exceedant Payments.

Exceedant, Exceedant Payments, ExceedPay et. al. or third party service provider may share your personal information to: (i) provide the Payment Services, (ii) facilitate your use of the Exceedant Platform, and (iii) jointly market products or services to you with other financial third parties with whom Exceedant Payments has a formal agreement. You can unsubscribe or opt-out from receiving such marketing communications in your Account settings.

3.7 Safety and Compliance with Law.

Exceedant may disclose your information to courts, law enforcement or governmental authorities, or authorized third parties, if and to the extent we are required to do so by law or if such disclosure is reasonably necessary: (i) to comply with legal process and to respond to claims asserted against Exceedant, (ii) to respond to verified requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iii) to enforce and administer our Terms of Use or other agreements with Members, (iv) for fraud investigation and prevention, risk assessment, customer support, product development and debugging purposes, or (v) to protect the rights, property or personal safety of Exceedant, its employees, its Members, or members of the public.

We will attempt to notify Members about these requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon Exceedant’s property, its Members and the Platform (collectively, “Risk Scenarios”). In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that Member about the request after the fact if we determine in good faith that we are no longer legally prohibited from doing so and that no Risk Scenarios apply.

3.8 Corporate Affiliates.

To help us provide the Exceedant Platform, we may share your information within our third pary service providers and/or any corporate family of companies (both financial and non-financial entities) that are related by common ownership or control. These related entities are covered under this Privacy Policy, and when services have additional terms specific to them, we tell you through the Exceedant Platform.

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3.9 Widgets.

We may display parts of the Exceedant Platform (e.g., your Listing page) on sites operated by Exceedant’s business partners, using technologies such as widgets or APIs. If your Listings are displayed on a partner’s site, information from your public profile page may also be displayed.

3.10 Tax Authorities.

In jurisdictions where we facilitate the Collection and Remittance of Taxes as described in the “Taxes” section of the Terms of Service, Sellers and Landlords and Buyers and Tenants expressly grant us permission, without further notice, to disclose Sellers and Landlords’ and Buyers and Tenants’ data and other information relating to them or to their transactions, Sales, Rentals or Licenses, Properties and Taxes to the relevant tax authority, including, but not limited to, the Seller and/or Landlord or Buyer and/or Occupier’s name, listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes received (or due) by Sellers and Landlords from Buyers and Tenants, and contact information.

3.11 Seller and/or Landlord Information Provided to Business Customers.

If a Selling or Renting is designated as being for business purposes and made by a Buyer and/or Occupier affiliated with a company or other organization enrolled in our Business Program (either or both an “Enterprise”), we may disclose information related to the Selling or Renting to the Enterprise, such as the name of the Seller and/or Landlord, the Property address, pricing, Listing details, and other related information. At the request of the Enterprise, we may also share this information with third parties engaged by it to provide online transaction management, financial reporting, personnel management, crisis management, or other services.

3.12 Buyer and/or Occupier Information Provided to Business Program Customers.

If you have linked your Exceedant Account with an Enterprise, and you are included on a Sale, Rental and/or License Listing designated as being for business purposes, we may disclose information related to the Selling or Renting or Licensing to your Enterprise. Typically, this includes your name, dates of the Sale, Rental and/or License, number of any Buyers and Tenants, pricing, Listing details, the Property address, and other related information. At the request of your Enterprise, we may also disclose this information to service providers engaged by it, such as companies that provide commercial real estate services or other management, financial reporting, personnel management, crisis management, or other services. In the event of a dispute, emergency, or similar situation involving a Sale, Rental or License identified as being for business purposes, Exceedant may also share relevant information it believes is necessary to safely and quickly address the situation.

3.13 Business Transfers.

If Exceedant undertakes or is involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer or share some or all of our assets, including your information. In this event, we will notify you before your personal information is transferred and becomes subject to a different privacy policy.

3.14 Aggregated Data.

We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and non-personally identifiable information for industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.

  1. OTHER IMPORTANT INFORMATION

4.1 Analyzing your Communications.

We may review, scan, or analyze your communications on the Exceedant Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. For example, as part of our fraud prevention efforts, we may scan and analyze messages to mask contact information and references to other websites. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We may use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.

4.2 Linking Third Party Accounts.

You may link your Exceedant Account with your account at a third party social networking service. Your contacts on these third party services may be referred to as “Members, Contacts, Colleagues, Friends or other reference” used in social communities. When you create this link:

  • some of the information you provide to us from the linking of your accounts may be published on your Exceedant Account profile;
  • your activities on the Exceedant Platform may be displayed to your fellow Members, Contacts, Colleagues, Friends or other reference on the Exceedant Platform and/or that third party site;
  • a link to your public profile on that third party social networking service may be included in your Exceedant public profile;
  • other Exceedant users may be able to see any common Contacts that you may have with them, or that you are a Contact of their Contact if applicable;
  • other Exceedant users may be able to see any schools, hometowns or other groups you have in common with them as listed on your linked social networking service;
  • the information you provide to us from the linking of your accounts may be stored, processed and transmitted for fraud prevention and risk assessment purposes; and
  • the publication and display of information that you provide to Exceedant through this linkage is subject to your settings and authorizations on the Exceedant Platform and the third party site.

4.3 Google Maps/Earth.

Parts of the Exceedant Platform use Google Maps/Earth services, including the Google Maps API(s). Use of Google Maps/Earth is subject to Google Maps/Earth Additional Terms of Use and the Google Privacy Policy.

  1. THIRD PARTY PARTNERS & INTEGRATIONS

The Exceedant Platform may contain links to third party websites or services, such as third party integrations, co-branded services, or third party-branded services (“Third Party Partners”). Exceedant doesn’t own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, Exceedant, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.

  1. YOUR CHOICES

6.1 Access and Update.

You may review, update, or delete the information in your Exceedant Account by logging into your Exceedant Account and reviewing your Account settings and profile.

6.2 Account Cancellation.

For information on how to cancel your Exceedant Account, visit our Help Center or email us. Note that information that you have shared with others (like Reviews or forum postings) may continue to be publicly visible on the Exceedant Platform in association with your first name, even after your Exceedant Account is cancelled.

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  1. OPERATING GLOBALLY

As described in this Privacy Policy, we may sometimes share your information within our third party service providers and/or family of companies or affiliates or brands. When you use the Exceedant Platform, you authorize us to transfer, store, and process your information in the United States and possibly other countries. Laws in these countries may differ from the laws applicable to the place where you live. For example, information collected within the EEA may be transferred, stored, and processed outside of the EEA for the purposes described in this Privacy Policy. By using the Exceedant Platform, you consent to transferring your data to these countries.

7.1 As our platform grows, Exceedant may be subject to the authority of the Privacy Shield Network, the Federal Trade Commission and/or other entities. If you have any questions or concerns relating to our Privacy Policy, contact us at Exceedant, LLC, Legal Department, Wells Fargo Center, 100 S. Ashley Dr. Suite 600, Tampa, FL 33602 USA or via email. N/A

As explained in this Privacy Policy, we sometimes share information with third parties to perform services on our behalf. Exceedant remains responsible for information that is shared under the Privacy Policy with these third parties, except where we can establish that Exceedant was not responsible for the violation.

7.2 California & Vermont Residents.

Exceedant, Exceedant Payments, ExceedPay et. al. or third party data service provider will not share information it collects about you with their affiliates or third parties (both financial and non-financial), except as required or permitted by your state’s law.

  1. SECURITY

We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. However, the Internet is not a 100% secure environment so we can’t guarantee the security of the transmission or storage of your information.

  1. CHANGES TO THIS PRIVACY POLICY

Exceedant reserves the right to modify this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the Exceedant Platform and update the “Last Updated” date at the top of this Privacy Policy. We will also provide you with notice of the modification by email at least ten (10) days before the date they become effective. If you disagree with the revised Privacy Policy, you may cancel your Account. If you do not cancel your Account before the date the revised Privacy Policy becomes effective, your continued access or use of the Exceedant Platform will constitute acceptance of the revised Privacy Policy.

  1. CONTACT

If you have any questions or complaints about this Privacy Policy or Exceedant’s information handling practices, you may contact us at:

  • For businesses and/or residents of the United States and outside the United States: Exceedant, LLC., Attn: Privacy and Legal Department, Wells Fargo Center, 100 S. Ashley Drive, Suite 600, Tampa, Florida 33602 USA.

You may also email us.

Seller and/or Landlord Guarantee Terms and Conditions

Please note: These Seller and/or Landlord Guarantee Terms contain an arbitration clause and class action waiver that applies to all Exceedant Members. If you reside in the United States, this provision applies to all disputes with Exceedant. If you reside outside of the United States, this provision applies to any action you bring against Exceedant in the United States. It affects how disputes with Exceedant are resolved. By accepting these Seller and/or Landlord Guarantee Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

Please read these Seller and/or Landlord Guarantee Terms carefully as they contain important information about your legal rights, remedies and obligations. By posting a Listing or otherwise using the Exceedant Platform as a Seller and/or Landlord, you agree to comply with and be bound by these Seller and/or Landlord Guarantee Terms.

Last Updated: February 25, 2018

Sellers and Landlords may benefit from the Exceedant Seller and/or Landlord Guarantee program (the “Exceedant Seller and/or Landlord Guarantee”), which is subject to these terms and conditions (the “Seller and/or Landlord Guarantee Terms”). The Seller and/or Landlord Guarantee Terms apply in addition to Exceedant’s Terms of Service (“Exceedant Terms”) and the Payments Terms of Service(“Payments Terms“).

All capitalized terms shall have the meaning set forth in the Exceedant Terms or Payments Terms, unless otherwise defined in these Seller and/or Landlord Guarantee Terms. If you agree to these Seller and/or Landlord Guarantee 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 Seller and/or Landlord Guarantee Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Except as permitted by law, these Seller and/or Landlord Guarantee Terms do not affect your statutory rights. If you would like a written copy of the Seller and/or Landlord Guarantee Terms, please email us.

  1. The Exceedant Seller and/or Landlord Guarantee

Exceedant agrees to pay you, as a Seller and/or Landlord, to repair or replace your Property (as defined below) damaged or destroyed as a result of a Covered Loss (as defined below), subject to the limitations, exclusions and conditions in the Seller and/or Landlord Guarantee Terms. The amount Exceedant will pay pursuant to this Seller and/or Landlord Guarantee will at no time whatsoever exceed the monetary amount of Exceedant fees for any transaction for which a party seeks compensation under this Guarantee, whether Sale, Rental and/or License.

In addition, you, no matter what your role in a transaction, must comply with all of the requirements and conditions in these Seller and/or Landlord Guarantee Terms in order to be eligible to receive any payments for Covered Losses. Your failure to fully comply will prevent your recovery for any Covered Losses. Please carefully review the definitions of “Covered Property,” “Covered Losses,” “Covered Property” and “Excluded Property” below so that you may identify and protect property not covered by the Exceedant Seller and/or Landlord Guarantee.

You acknowledge and agree to use your best efforts to communicate with the Responsible Buyer and/or Occupier and/or Licensee (as defined below) as soon as possible after you discover any physical loss or damage to your Covered Property. You must notify Exceedant as well as the Responsible Buyer and/or Occupier and/or Licensee about your complaint and attempt to resolve the loss or damage with the Responsible Buyer and/or Occupier and/or Licensee within the earlier of (i) fourteen (14) days of the transaction date, or (ii) before your next Buyer and/or Occupier and/or Licensee takes possession, title and/or control. You may fulfill this obligation by submitting a claim via the Exceedant Resolution Center.

You acknowledge and agree that any amount of Covered Losses payable to you under the Exceedant Seller and/or Landlord Guarantee will be reduced by the amounts you have already collected for the same Covered Losses from a source other than the Exceedant Seller and/or Landlord Guarantee, including without limitation: (i) amounts received under an insurance policy, guarantee or indemnity; (ii) a security deposit; or (iii) payment directly by the Responsible Buyer and/or Occupier and/or Licensee or an Invitee (defined below), or other party or an insurer or guarantor of such party.

  1. Key Defined Terms

The following capitalized terms shall have the following meanings:

Actual Cash Value” means the amount it would cost to repair or replace damaged or destroyed Covered Property as a result of a Covered Loss, measured on the date of occurrence of such Covered Loss, with material of like kind and quality, with proper deduction for obsolescence and physical depreciation.

Exceedant Seller and/or Landlord Guarantee Payment Request Form” means Exceedant’s standard form as amended from time to time, accessible through the Resolution Center by email and by contacting customer service directly, that a Seller and/or Landlord uses to request payment from Exceedant pursuant to these Exceedant Seller and/or Landlord Guarantee Terms.

Sale or Rental or License Income Loss” is the loss of Sale, Rental or License income from the Sale and/or Rented and/or Licensed portion of a Covered Property (according to bona fide Exceedant confirmed marketplace Sales, Rentals and/or Licenses, contracts or agreements in force prior to the established time of loss) by you, as a Seller and/or Landlord, resulting from a Covered Loss. Selling or Renting or Licensing Income Loss does not include non-continuing charges and expenses or any loss of Selling or Renting income during any period in which the Covered Property would not have been saleable, tenantable, or licenseable for any reason other than a Covered Loss. The Sale, Rental and/or License Income Loss will be measured starting from the time of occurrence of the Covered Loss and ending when the Covered Property can be made ready for sale or tenancy or license under the same or equivalent physical and operating conditions that existed prior to the damage.

Covered Property” means a Property located in the Territory that can be used as a business location or residence and that is (i) owned or legally controlled by you as a Seller and/or Landlord during the period of the Responsible Buyer’s online transaction or site inspection and/or Occupier’s rental or licensing at such Property and (ii) listed by you on the Exceedant Platform and Sell and/or Rented by such Responsible Buyer and/or Occupier in compliance with the Exceedant Terms. A vehicle (including, but not limited to, automobiles, scooters, vespas, and motorcycles) or a watercraft (including, but not limited to, boats, yachts, jet skis and similar craft) Sell and/or Rented through the Services constitutes a “Covered Property” only to the extent it is stationary and used solely for lodging purposes.

Covered Losses” means and is limited to direct physical loss or physical damage to a Seller and/or Landlord’s Covered Property caused by the Responsible Buyer and/or Occupier or an Invitee of the Responsible Buyer and/or Occupier during an Exceedant online transaction, Buyer site inspection or Occupier rental or license. Covered Losses do not include any losses or damage described under Excluded Losses below.

Covered Property” means and is limited to the following property located at a Covered Property, or within 1,000 feet thereof, to the extent of your interest in such property, unless such property constitutes Excluded Property (as defined below):

  • A. Real property, including new buildings and additions under construction located at the site of such Covered Property, in which you have an insurable interest.
  • B. Business and/or Personal property that is:
    1. owned by you, including your interest as a tenant in improvements and betterments.
    2. not owned by you, but is in your custody and for which you are under obligation to keep the business and/or personal property insured for physical loss or damage.
    3. not owned by you, but is in your custody and for which you have legal liability for physical loss or damage to the property.

Excluded Losses” has the meaning set forth in Section III below.

Excluded Property” means any of the following:

  1. Currency, money, precious metal in bullion form, notes or securities.
  2. Land, water or any other substance in or on land; except this exclusion does not apply to (i) land improvements consisting of landscape gardening, roadways and pavements, but not including any fill or land beneath such property, or (ii) water that is contained within any enclosed tank, piping system or any other processing equipment.
  3. Animals, including, but not limited to, livestock and pets.
  4. Standing timber; growing crops.
  5. Watercraft (including, but not limited to, boats, yachts, jet skis, and similar craft), aircraft, spacecraft, and satellites. This watercraft exclusion does not apply with respect to any watercraft which is a Covered Property. However, this exclusion does apply to vessels that, at the time of the loss, are in transit, or are moving greater than 10 feet from their usual fixed location and moving faster than one mile per hour.
  6. Vehicles (including, but not limited to, automobiles, scooters, vespas, and motorcycles). This exclusion does not apply with respect to any vehicle that is a Covered Property. However, this exclusion does apply to vehicles that, at the time of the loss, are in transit, or are moving greater than 10 feet from their usual fixed location and moving faster than one mile per hour.
  7. Underground mines or mine shafts or any property within such mine or shaft.
  8. Dams, dikes and levees.
  9. Property in transit, except as otherwise provided by these Exceedant Seller and/or Landlord Guarantee Terms.
  10. Transmission and distribution lines beyond 1,000 feet of the Covered Property.
  11. Any damage to any property that is not in, at, or on a Covered Property.
  12. Real property owned by a party other than you and that you do not control.

Fine Arts” means paintings; etchings; printed photos; pictures; tapestries; rare or art glass; art glass windows, valuable rugs; statuary; sculptures; antique furniture; antique jewelry; bric-a-brac; porcelains; and similar property of rarity, historical value, or artistic merit. “Fine Arts” does not include automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, watercraft, aircraft, money, or securities.

Invitee” means a person invited to be present at a Covered Property by a Responsible Buyer and/or Occupier.

Limit” means the US dollars amount of Exceedant fees for that single transaction by a Buyer, Occupier and/or Licensee on Exceedant’s marketplace platform for which a claim is made, or its equivalent in the currency where the Covered Property is located at the exchange rate applicable on the date of payment by Exceedant under these Exceedant Seller and/or Landlord Guarantee Terms.

Ordinary Wear and Tear” means the deterioration in condition of property that occurs under normal use and conditions.

Responsible Buyer and/or Occupier” means the Buyer and/or Occupier who Purchase, Rent and/or License your Covered Property for the period during which you incurred the Covered Losses.

Territory” means the countries where the Exceedant allows Property and the Seller and/or Landlord Guarantee is available. Any Territory where the Seller and/or Landlord Guarantee is not available will be disclosed on the Seller and/or Landlord Guarantee landing page.

III. Limitations and Exclusions

The Exceedant Seller and/or Landlord Guarantee pays Covered Losses only and does not pay for any of the following (“Excluded Losses”):

  1. any losses caused by a Buyer and/or Occupier and/or Licensee and/or Invitee after the expiration of the Selling or Renting period shown in the applicable Listing.
  2. losses or damages for Covered Property, which arise out of any one Selling or Renting or Licensing of a Covered Property by a Responsible Buyer and/or Occupier, in excess of the Limit e.g. the Exceedant fees charged for that single transaction on its marketplace.
  3. in the case of Fine Arts, losses or damages if the Fine Arts cannot be replaced with other of like kind and quality and any loss or damage from any repairing, restoration or retouching process.
  4. any losses, damages, cost or expense of whatsoever nature, directly or indirectly, caused by, relating to or resulting from any of the following:
    1. Excluded Property;
    2. acts of nature, including, but not limited to, earthquakes and weather related events such as hurricanes and tornadoes;
    3. excessive use of electricity, gas, fuel, water or other utilities provided for the Covered Property;
    4. indirect or remote causes;
    5. interruption of business, loss of market and/or loss of use, except that the Exceedant Seller and/or Landlord Guarantee does cover Selling or Renting Income Loss;
    6. loss, damage, or deterioration arising from any delay;
    7. mysterious disappearance, loss, or shortage disclosed on taking inventory, or any unexplained loss of inventory;
    8. enforcement of any law or ordinance (i) regulating the construction, repair, replacement, use or removal of any property, including removal of debris, or (ii) requiring the demolition of any property, including the cost of removing its debris;
    9. animals, including injuries to animals, veterinary care, boarding, medications, and all other services associated with animals; or
    10. identity theft or identity fraud.
  5. any losses, damages, cost or expense of whatsoever nature, directly or indirectly, caused by or resulting from any of the following, regardless of any other cause or event contributing thereto:
    1. any Seller and/or Landlord and/or Licensor act or act of war, terrorism, insurrection or rebellion;
    2. actual or threatened malicious use of poisonous biological or chemical materials;
    3. nuclear reaction or radiation or radioactive contamination;
    4. seizure or destruction under quarantine or custom regulation, or confiscation by order of any governmental or public authority;
    5. contraband, or illegal transportation or trade;
    6. any dishonest act, including but not limited to theft, committed by you or any persons or entities retained by you to do anything in connection with Covered Property, unless such persons or entities are a Responsible Buyer and/or Occupier and/or Licensee and/or Invitee and such act is done without your knowledge; or
    7. lack of electricity, fuel, water, gas, steam, refrigerant, sewerage, telephone or internet services due to external factors.
  6. the following conditions:
    1. faulty workmanship, material, construction or design from any cause;
    2. deterioration, depletion, rust, corrosion or erosion, inherent vice or latent defect;
    3. Ordinary Wear and Tear;
    4. settling, cracking, shrinking, bulging, or expansion of foundations, floors, pavements, walls, ceilings or roofs;
    5. changes of temperature or relative humidity; or
    6. damage caused by insects, animals or vermin (including pets);

provided, that any physical damage resulting from any of the conditions listed above will be covered by the Exceedant Seller and/or Landlord Guarantee if not otherwise excluded under the Exceedant Seller and/or Landlord Guarantee.

  1. any losses, damages, claims, costs, expenses or other sums directly or indirectly arising out of or relating to mold, mildew, fungus, spores or other microorganism of any type, nature, or description, including but not limited to any substance whose presence poses an actual or potential threat to human health. This exclusion applies even if there is (i) any physical loss or damage to Covered Property; (ii) any peril or cause covered hereunder, whether or not contributing concurrently or in any sequence; (iii) any loss of use, occupancy, or functionality; or (iv) any action required, including but not limited to, repair, replacement, removal, cleanup, abatement, disposal, relocation, or steps taken to address medical or legal concerns.
  2. any fees that may be charged to a Buyer and/or Occupier by a Seller and/or Landlord for additional individuals invited to, or otherwise provided access to, the Covered Property who are not included in the Buyer and/or Occupier’s Selling or Renting or Licensing of such Covered Property.
  3. Costs arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate, any and all Electronic Data will not be paid. “Electronic Data” means information, facts or programs, stored as or on, created or used on, or transmitted to or from any Electronic Media. “Electronic Media” means computer software, including systems and applications software, hard or floppy disks, CDROMS, tapes, drives, cells, data processing devices or any other media which are used with, electronically controlled equipment.
  1. Conditions to the Exceedant Seller and/or Landlord Guarantee

In order to be eligible to obtain payment under these Seller and/or Landlord Guarantee Terms, you must fully comply with each of the following conditions. Your failure to fully comply will prevent your recovery of any Covered Losses. In all cases, the onus will be upon you to demonstrate that you have complied with the following conditions.

You must have incurred Covered Losses.

You must have used reasonable efforts in connection with the stay of the Responsible Buyer and/or Occupier and/or Licensee at such Covered Property to comply with reasonable and industry standard safety guidelines.

You must inspect the applicable Covered Property to determine whether there are any physical losses or damages to any Covered Property and notify Exceedant of such losses or damages within the earlier of (i) fourteen (14) days following the date of termination of the Responsible Buyer and/or Occupier’s Sale, Rental or License of the applicable Covered Property or (ii) the date by which the next subsequent Selling or Renting or Licesning of the same Covered Property begins. You can notify Exceedant either by opening a claim in the Resolution Center or by contacting customer support directly.

For all Covered Property which is damaged or destroyed due to a violation of law or criminal act or misdemeanor and for which you are filing an Exceedant Seller and/or Landlord Guarantee Payment Request Form, you must file a police report listing such Covered Property and provide Exceedant with a copy of such report, certified by you as true and correct.

You must provide Exceedant with proof of ownership of, or legal responsibility for, the Covered Property in the form of receipts, photographs, videos, documents or other customary forms of proof (including, but not limited to, appraisal or valuation forms or notices addressed to you) certified by you as true and correct and reasonably acceptable to Exceedant.

Within thirty (30) days after you have incurred a Covered Loss, you must (i) complete and file an Exceedant Seller and/or Landlord Guarantee Payment Request Form (request the same by emailing us) and (ii) deliver a signed and sworn proof of loss to us, unless we provide a written extension of such deadline. The proof of loss must state your knowledge and belief as to the following:

  • The time, cause and origin of the Covered Loss, and evidence and proof of such loss in the form of receipts, photographs, videos, documents and other verifiable forms of proof.
  • The ownership, leasehold or other interest of you and all other parties in the Covered Property for which Covered Loss is claimed.
  • The Actual Cash Value and replacement value of each item of the Covered Property, as well as the amount of such loss or damage to each item of such Covered Property.
  • All liens, encumbrances, mortgages, guarantees and all other contracts of insurance, whether valid or not, covering the Covered Property that is the subject of the Covered Loss.
  • Any changes in the title, use, occupation, location, possession, or exposures of the Covered Property since the date of the Listing.
  • The identity of and other information known about the Responsible Buyer and/or Occupier and/or Licensee, any Invitee, and any other party present at or using the Covered Property where the Covered Property is located for which the Covered Loss is claimed on the date of the Covered Loss, and the purpose for which such Covered Property was being used by such parties on such date and whether or not it then stood on leased ground.
  • The date when you contacted the Responsible Buyer and/or Occupier to request payment for the loss you are claiming, and the date on which the Responsible Buyer and/or Occupier declined or failed to pay for the loss.

As part of the signed and sworn proof of loss described above, you must provide Exceedant with all information it reasonably requests in order to determine the Actual Cash Value with respect to Covered Property, including: the original purchase price of such Covered Property, the date such Covered Property was acquired, the condition of such Covered Property and the estimated cost of repair or replacement of such Covered Property.

You must (i) protect and preserve damaged Covered Property from further loss or damage and (ii) promptly separate the damaged and undamaged Covered Property, put it in the best possible order, and furnish a complete inventory of the lost, destroyed, damaged and undamaged property showing in detail the quantities, costs, Actual Cash Value, and amount of loss claimed.

You must, as often as may be reasonably requested by Exceedant or its designees (i) exhibit all that remains of any damaged Covered Property and sign the written records of examination; (ii) produce for examination all Sell and/or Rents of accounts, business records, bills, invoices, and vouchers (either originals or certified copies if originals are lost) and (iii) permit extracts and machine copies to be made of the above.

You must permit Exceedant or its designee(s) to make inspections of Covered Property at all reasonable times. However, the right to make inspections, the making of inspections, and any analysis, advice, or inspection report will not constitute an undertaking by Exceedant or Exceedant’s insurer to determine or warrant that damaged Covered Property is safe or healthful. We will have no liability to you or any other person because of any inspection or failure to inspect.

You must cooperate with Exceedant, including signing any documents, and timely responding to any reasonable requests for additional information or documentation that Exceedant or its designees may require or request to process the applicable Exceedant Seller and/or Landlord Guarantee Payment Request Form.

With respect to Covered Property subject to a loan, mortgage or other security interest, you must notify your lender/mortgagee in writing of any loss exceeding $10,000 and provide Exceedant with a copy of such notice. If the lender/mortgagee notifies you that the lender/mortgagee seeks insurance and/or reimbursement proceeds for the loss, you must notify Exceedant in writing of the lender/mortgagee’s request and transmit a written copy of said request to Exceedant, and provide all other information to enable Exceedant to communicate directly with the lender. If such loss is determined to be a Covered Loss, we will pay the loss benefit(s) to the lender up to the value of the mortgage (subject to the exclusions, limitations and conditions herein), and we will not pay you unless and until your monetary obligation to the lender/mortgagee has been satisfied. This condition shall apply to the extent of applicable law in your jurisdiction.

You will have full rights to the possession and control of damaged Covered Property if proper testing is done to show which property is physically damaged. You, using reasonable judgment, will decide if the physically damaged Covered Property can be reprocessed or sold. If you determine that the Covered Property is unfit for reprocessing or sale, the property will not be sold or disposed of except by you or with your consent. Proceeds from the sale or other disposition of such Covered Property will go to (i) Exceedant’s insurer at the time of the Covered Loss settlement, or (ii) you if such sale or disposition proceeds are received prior to Covered Loss settlement and such proceeds will reduce the amount of the Covered Loss payable to you.

  1. Disposition of Seller and/or Landlord Payment Requests

Exceedant Seller and/or Landlord Guarantee Payment Request Form

Exceedant will complete its processing of any Exceedant Seller and/or Landlord Guarantee Payment Request Form that you file within a reasonable period following the date you have (a) completed and filed an Exceedant Seller and/or Landlord Guarantee Payment Request Form, and (b) provided Exceedant with all information and materials that you are required to provide to comply with the conditions set forth in “Conditions to the Exceedant Seller and/or Landlord Guarantee” above. In any event, we will use commercially reasonable efforts to complete processing of your Exceedant Seller and/or Landlord Guarantee Payment Request Form within three (3) months after our receipt of such documents and information. If you receive an Approved Payment Request (as defined below), then as a condition to payment to you under the Exceedant Seller and/or Landlord Guarantee, you will be required to execute and deliver to Exceedant the “Exceedant Seller and/or Landlord Guarantee Approved Payment Request Agreement”, which includes your agreement:

  1. to assign to Exceedant or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an Approved Payment Request (defined below) from the Responsible Buyer and/or Occupier and/or Licensee or from an Invitee or from any other party that is financially responsible for the Approved Payment Request;
  2. to reasonably cooperate with us, including, at our request, appearing as a witness in any court, arbitration or like proceeding, if we seek to recover the amount paid to you with respect to an Approved Payment Request from the Responsible Buyer and/or Occupier or from an Invitee or from any other party;
  3. to release and hold harmless Exceedant and its insurer and all officers, directors, employees, contractors and agents of Exceedant from any further liability or obligations with respect to the facts and circumstances of the matters and incident set forth in the Exceedant Seller and/or Landlord Guarantee Payment Request Form;
  4. if requested, to treat as “confidential information” the amount of any payment made under the Exceedant Seller and/or Landlord Guarantee; and
  5. to refund to us any amounts in excess of the Covered Loss in the Approved Payment Request as a result of a systems or payment processing error.

The duration of the processing period of any Exceedant Seller and/or Landlord Guarantee Payment Request Form that you file will depend on factors that include, but are not limited to: (i) the amount of payment that you are requesting for the Covered Loss; (ii) the location of the Covered Property; (iii) the nature of the Covered Property and the nature of the Covered Losses; (iv) the completeness and type of documentation and information that you provide Exceedant regarding the Covered Losses; and (v) the number of Exceedant Seller and/or Landlord Guarantee Payment Request Forms that are currently being processed for other Sellers and Landlords.

Approved Payment Request

If you have filed an Exceedant Seller and/or Landlord Guarantee Payment Request Form and such a payment request is approved in whole or in part for a Covered Loss (any such approved payment request, an “Approved Payment Request”), you will be paid the amount of the Covered Loss as calculated by Exceedant or its designees. The process for such calculation of Covered Losses is described under “Determination of the Amount of the Covered Loss” below. You will be notified by Exceedant and, as a condition of payment hereunder, you will be required to deliver to Exceedant an executed Approved Payment Request Agreement. Exceedant may use third party service providers to assist in the processing of the Exceedant Seller and/or Landlord Guarantee Payment Request Forms and Exceedant or its designees may use third party service providers to assist in the investigation and adjustment of payment requests relating thereto.

For an Approved Payment Request that involves Covered Losses for Covered Property that is owned by a party other than you, we reserve the right, in our sole discretion, to pay all or a portion of the amount covered in such Approved Payment Request either to you or directly to the owner of such Covered Property. If an Exceedant Seller and/or Landlord Guarantee payment for all or a portion of such amount is made directly to the owner of such Covered Property, then you agree that such payment will be treated for purpose of the Approved Payment Request as being paid to you directly, and that you will be solely responsible for collecting from the owner of such Covered Property any portion of such payment to which you believe you are legally entitled. For clarity, your indemnification obligations set forth below under the paragraph entitled “Indemnification” will apply to claims arising from any payments made pursuant to the Exceedant Seller and/or Landlord Guarantee, including without limitation any payments made directly to the owner of any Covered Property.

Determination of the Amount of the Covered Loss

The amount of Covered Losses will be computed as of the date of loss, at the location of the loss, and for not more than your interest, subject to the following:

  1. On exposed films, records, manuscripts, drawings, and Electronic Media, the value blank plus the cost of copying information from back-up or from originals of a previous generation. Costs of research, engineering, or restoring or recreating lost information or Electronic Data will not be paid.
  2. On Fine Arts articles, the lesser of (i) the reasonable and necessary cost to repair or restore such property to the physical condition that existed on the date of loss; (ii) the cost to replace the article; and (iii) the current appraised value. If the Fine Arts article is part of a pair or set, you will not be paid (1) for the cost of replacing any undamaged or remaining items that form part of such pair or set, (2) more than the proportion that the loss or damaged item bears to the insured value of such pair or set, or (3) the cost of replacing or repairing any undamaged parts of the Fine Arts articles which form part of a pair, set or suite or part of a common design or function when the loss or damage is restricted to a clearly identifiable area or to a specific part.
  3. For all Covered Property (other than that described in paragraphs 1 and 2 above), the loss amount will be the lesser of (i) the Actual Cash Value (assuming such property is not repaired, replaced, or rebuilt on the same or another site within two years from the date of loss); (ii) the cost to repair such damaged Covered Property; (iii) the cost to rebuild or replace such Covered Property on the same site with new materials of like size, kind, and quality; (iv) the cost to rebuild, repair, or replace on the same or another site, but not to exceed the size and operating capacity that existed on the date of the Covered Loss; or (v) the cost to replace unrepairable electrical or mechanical equipment, including computer equipment and Electronic Media, with equipment that is the most functionally equivalent to that damaged or destroyed, even if such equipment has technological advantages and/or represents an improvement in function and/or forms part of a program of system enhancement.
  4. Any amount of any Covered Losses payable under the Exceedant Seller and/or Landlord Guarantee will be reduced by the amount already paid to you or for your benefit by a Responsible Buyer and/or Occupier and/or Licensee, Invitee, or other source (such as an insurer or other responsible party) for the same Covered Loss.
  5. Covered Losses will be paid in the currency of the United States of America unless, in Exceedant’s sole discretion, Exceedant elects to pay losses in a different currency. If currency conversions are required, we use a system-wide rate, known as the base exchange rate, for currency conversion using data from one or more third parties, such as OANDA (www.oanda.com).

The Exceedant Seller and/or Landlord Guarantee is not an insurance policy. To the extent you desire protection beyond the Exceedant Seller and/or Landlord Guarantee, Exceedant strongly encourages you to purchase insurance that will cover you and your property for losses caused by Buyers and Tenants or Buyers and Tenants’ invitees in the event your loss is not within the terms of the Exceedant Seller and/or Landlord Guarantee.

  1. Acknowledgments and Agreements by the Seller and/or Landlord

You acknowledge and agree that:

  • The Exceedant Seller and/or Landlord Guarantee is a guarantee of obligations of a Responsible Buyer and/or Occupier to you and is dependent upon you pursuing any rights and remedies you may have to recover amounts paid by Exceedant to you with respect to an Approved Payment Request from the Responsible Buyer and/or Occupier or from an Invitee or from any other party that is financially responsible for the Approved Payment Request.
  • Exceedant provides Sellers and Landlords with the Exceedant Seller and/or Landlord Guarantee benefits described herein solely for the purpose of promoting use of the Exceedant Platform by building customer loyalty and strengthening customer confidence as to use of the Exceedant Platform.
  • These Seller and/or Landlord Guarantee Terms are not intended to constitute an offer to insure, do not constitute insurance or an insurance contract, and do not take the place of insurance obtained or obtainable by you. Furthermore, these Seller and/or Landlord Guarantee Terms are not an insurance service agreement as defined in a standard ISO renter’s or homeowner’s insurance policy.
  • The benefits provided under these Seller and/or Landlord Guarantee Terms are solely as set forth in the paragraph entitled “Exceedant Seller and/or Landlord Guarantee” above and such benefits are not assignable or transferable by you, including without limitation any transfer or assignment by operation of law or in connection with your divorce or death.
  • Exceedant and/or its insurer reserve the right to independently investigate (or to have independently investigated) at our sole discretion and expense, the facts and circumstances of a payment request set forth in any Exceedant Seller and/or Landlord Guarantee Payment Request Form that you file with Exceedant, notwithstanding your delivery of all information and materials that you are required to provide Exceedant in order to comply with the conditions set forth in the paragraph entitled “Conditions to the Exceedant Seller and/or Landlord Guarantee.”

You acknowledge and agree that if you make a claim under this Seller and/or Landlord Guarantee, you give Exceedant consent to review all communications between you and the allegedly Responsible Buyer and/or Occupier via the Exceedant Platform.

Exceedant reserves the right, at any time, to offset or deduct from the amounts payable or paid by Exceedant to you under these Seller and/or Landlord Guarantee Terms, any amounts that it may have in its possession, or to subsequently collect, from any other person or entity who is obligated to compensate you for losses or damages.

Because these Seller and/or Landlord Guarantee Terms constitute a guarantee agreement, the theory of exoneration applies. Thus, if the Covered Property in question or the risk associated with that Covered Property changes materially, Exceedant will be entitled to exoneration with respect to any potential guaranty obligation under these Seller and/or Landlord Guarantee Terms.

VII. Modification or Termination of Exceedant Seller and/or Landlord Guarantee Terms

To the extent permissible by applicable law in your jurisdiction, Exceedant reserves the right to modify or terminate these Seller and/or Landlord Guarantee Terms, at any time, in its sole discretion.

If Exceedant terminates these Seller and/or Landlord Guarantee Terms, Exceedant will provide you with notice by email at least thirty (30) days before such termination and Exceedant will continue to process all Exceedant Seller and/or Landlord Guarantee Payment Request Forms that you filed prior to the effective date of termination, but your right to file any new Exceedant Seller and/or Landlord Guarantee Payment Request Forms will immediately terminate.

If Exceedant modifies these Seller and/or Landlord Guarantee Terms, we will post the modification on the Exceedant Platform and/or by email to members of the appropriate platform(s). Exceedant will continue to process all Exceedant Seller and/or Landlord Guarantee Payment Request Forms that you filed prior to the effective date of the modification.

In addition to and without limiting Exceedant’s rights set forth above in the immediately preceding paragraph, Exceedant reserves the right to modify or terminate these Seller and/or Landlord Guarantee Terms generally or in any jurisdiction, at any time, in its sole discretion, if: (i) these Seller and/or Landlord Guarantee Terms are construed to be an offer to insure or constitute insurance or an insurance contract or insurance service agreement by any governmental or regulatory authority in any jurisdiction; (ii) Exceedant is required to obtain a license or permit of any kind to continue to provide these Seller and/or Landlord Guarantee Terms in any jurisdiction; or (iii) Exceedant determines or a court or arbitrator holds that the provisions of these Seller and/or Landlord Guarantee Terms violate applicable law. If Exceedant modifies or terminates these Seller and/or Landlord Guarantee Terms in accordance with the foregoing, Exceedant will process all Exceedant Seller and/or Landlord Guarantee Payment Request Forms that you file prior to or as of the effective date of such modification or termination unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority.

VIII. Subrogation

Exceedant and/or Exceedant’s insurer have the right to subrogate against any person or entity whatsoever who allegedly is responsible for causing the losses or damages in question, even if that person or entity is you. Further, you hereby agree that, with respect to any payments made under the Exceedant Seller and/or Landlord Guarantee by, or on behalf of, Exceedant, you will assist in and cooperate fully with Exceedant regarding any and all efforts at subrogation.

  1. Disclaimers and Limitations of Liability

If you choose to use the Exceedant Platform as a Seller and/or Landlord, you do so at your sole risk. The Exceedant Seller and/or Landlord Guarantee is provided “as is”, without warranty of any kind, either express or implied.

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 Exceedant Platform, and your listing of any Properties via the Exceedant Platform remains with you. Neither Exceedant nor any other party involved in creating, producing, or delivering the Exceedant Platform 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 for any damages for (1) personal or bodily injury or emotional distress arising out of or in connection with these Seller and/or Landlord Guarantee terms, (2) from the use of or inability to use the Exceedant Platform, (3) from any communications, interactions or meetings with other users of the Exceedant Platform or other persons with whom you communicate or interact as a result of your use of the Exceedant Platform, or (4) from your listing of any Property via the Exceedant Platform. Exceedant will not be liable for any such damages described above, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Exceedant 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.

Except for Exceedant’s obligation to pay amounts to you pursuant to an Approved Payment Request under these Seller and/or Landlord Guarantee Terms, in no event will Exceedant’s aggregate liability arising out of or in connection with (a) these Seller and/or Landlord Guarantee Terms; (b) your use of or inability to use the Exceedant Platform including, but not limited to, posting a Listing, (c) any Property and (d) your interactions with any other Members, exceed the amounts paid by Exceedant to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars ($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 Exceedant and you. Some jurisdictions do not allow the exclusion for certain limitations of liability, so the above limitations may not apply to you. If you reside outside of the U.S., this does not affect Exceedant’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

N/A

  1. Dispute Resolution and Arbitration Agreement
  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 Exceedant in the United States (to the extent not in conflict with Section 21 of the Exceedant Terms).
  2. Overview of Dispute Resolution Process. Exceedant is committed to participating in a consumer-friendly dispute resolution process. To that end, these Seller and/or Landlord Guarantee Terms provide for a two-part process for individuals to Section X.1 applies: (1) an informal negotiation directly with Exceedant’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 X). 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 may be 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.
  3. Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Exceedant 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 Exceedant’s customer service team by emailing us. 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.
  4. Agreement to ArbitrateYou and Exceedant mutually agree that any dispute, claim or controversy arising out of or relating to these Seller and/or Landlord Guarantee Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Exceedant Platform, the Seller and/or Landlord 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 Exceedant agree that the arbitrator will decide that issue.
  5. Exceptions to Arbitration Agreement. You and Exceedant 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).
  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 http://www.adr.org/ or by calling the AAA at 1–800–778–7879.
  7. Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Exceedant agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and Exceedant 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.
  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, but you agree limited to the amount of fees charged by Exceedant for the particular matter and/or issue arising out of your use of an Exceedant platform. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Exceedant 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.
  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.
  10. Jury Trial WaiverYou and Exceedant acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
  11. No Class Actions or Representative ProceedingsYou and Exceedant 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 Exceedant 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.
  12. Severability. Except as provided in Section X.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.
  13. Changes. Notwithstanding the provisions of Section VII (“Modification or Termination of Exceedant Seller and/or Landlord Guarantee Terms”), if Exceedant changes this Section X (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Seller and/or Landlord Guarantee Terms (or accepted any subsequent changes to these Seller and/or Landlord Guarantee 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 Exceedant’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Exceedant in accordance with the provisions of the “Dispute Resolution” section as of the date you last accepted these Seller and/or Landlord Guarantee Terms (or accepted any subsequent changes to these Seller and/or Landlord Guarantee Terms).
  14. Survival. Except as provided in Section X.12 and subject to Section 15.8 of the Exceedant Terms, this Section X will survive any termination of these Seller and/or Landlord Guarantee Terms and will continue to apply even if you stop using the Exceedant Platform or terminate your Exceedant Account.
  1. General Provisions

Indemnification

You agree to release, defend, indemnify, and hold Exceedant and its affiliates and subsidiaries, and their officers, directors, employees and agents, as well as heirs and assignees, 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 the Exceedant Seller and/or Landlord Guarantee and these Seller and/or Landlord Guarantee Terms.

If you rent (rather than own) the Property that you list as a Covered Property, the immediately preceding paragraph applies specifically to any dispute between you and the owner of the Property. You are fully responsible for securing the lessor’s permission to list the Property with Exceedant and complying with the scope of any permission granted.

Entire Agreement

These Seller and/or Landlord Guarantee Terms constitute the entire and exclusive understanding and agreement between Exceedant and you regarding the Exceedant Seller and/or Landlord Guarantee and these Seller and/or Landlord Guarantee Terms, and supersede and replace any and all prior oral or written understandings or agreements between Exceedant and you regarding the Exceedant Seller and/or Landlord Guarantee.

Assignment

You may not assign or transfer these Seller and/or Landlord Guarantee Terms, by operation of law or otherwise, without Exceedant’s prior written consent. Any attempt by you to assign or transfer these Seller and/or Landlord Guarantee Terms, without such consent, will be null and of no effect. Exceedant may assign or transfer these Seller and/or Landlord Guarantee Terms, at its sole discretion, without restriction. Your right to terminate the Agreement with Exceedant remains unaffected. Subject to the foregoing, these Seller and/or Landlord Guarantee Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by Exceedant via email, Exceedant Platform notification, or messaging service (including SMS and WeChat). For notices made to Members, the date of receipt will be deemed the date on which Exceedant transmits the notice.

Controlling Law and Jurisdiction

These Seller and/or Landlord Guarantee Terms will be interpreted in accordance with Section 21 of the Exceedant Terms.

Waiver and Severability

The failure of Exceedant to enforce any right or provision of these Seller and/or Landlord Guarantee Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Exceedant. Except as expressly set forth in these Seller and/or Landlord Guarantee Terms, the exercise by either party of any of its remedies under these Seller and/or Landlord Guarantee Terms will be without prejudice to its other remedies under these Seller and/or Landlord Guarantee Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Seller and/or Landlord Guarantee Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Seller and/or Landlord Guarantee Terms will remain in full force and effect.

XII. Contacting Exceedant

If you have any questions about these Exceedant Seller and/or Landlord Guarantee Terms, please email us.

Exceedant Buyer and/or Occupier Refund Policy

Last Updated: February 24, 2018

These terms and conditions govern Exceedant’s policy for Buyer and/or Occupier refunds (“Buyer and/or Occupier Refund Policy”) and the obligations of the Seller and/or Landlord associated with the Buyer and/or Occupier Refund Policy. The Buyer and/or Occupier Refund Policy applies in addition Exceedant’s Terms of Service (“Exceedant Terms”). The Buyer and/or Occupier Refund Policy is available to Buyers and Tenants who Sell and/or Rent and/or License and pay for a Property through the Exceedant Platform and suffer a Transaction Issue (as defined below). The Buyer and/or Occupier’s rights under this Buyer and/or Occupier Refund Policy will supersede the Seller and/or Landlord’s cancellation policy.

All capitalized terms shall have the meaning set forth in the Exceedant Terms or Payments Terms unless otherwise defined in this Buyer and/or Occupier Refund Policy.

By using the Exceedant Platform as a Seller and/or Landlord or Buyer and/or Occupier, you are indicating that you have read and that you understand and agree to be bound by this Buyer and/or Occupier Refund Policy.

  1. Online transaction Issue

A “Online transaction Issue” means any one of the following:

(a) the Seller and/or Landlord of the Property (i) cancels a Sale, Rental or License shortly before the scheduled start of the Sale, Rental or License, or (ii) fails to provide the Buyer and/or Occupier with the reasonable ability to access the Property (e.g. does not provide the keys and/or a security code) and/or fails to cooperate in a commercially reasonable manner as per industry standards.

(b) the Listing’s description or depiction of the Property is materially inaccurate with respect to:

  • the size of the Property and/or rental space square footage according to industry standards,
  • whether the Sale, Rental or Licensing for the Property is for an entire property, space or other asset, or shared, and whether another party, including the Seller and/or Landlord, is staying at the Property during the Selling or Renting or Licensing,

The following is present and the Listing does not state “AS IS” or other disclaimer language:

  • special amenities and/or basic features represented in the Listing are not provided or do not function, such as bathrooms, kitchens (sink/stove/refrigerator or major other appliances), and electrical, heating or air condition systems, loading docks(commercial) and other features or
  • the physical location of the Property (proximity) and/or stated Listing address is inaccurate, or
  • other material features and/or amenities of the Property and/or space for lease or license are not accurate or are misleading according to industry standards and common practices,

(c) at the start of the Buyer and/or Occupier’s Selling or Renting or Licensing, the Property: (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Buyer and/or Occupier’s purchase or rental or license at the Property in Exceedant’s judgment, (iii) is not adequately clean, safe, and secure for the Buyer and/or Occupier’s intended use, or (iv) has termite infestation, vermin or contains pets not disclosed in the Listing, or other material problems.

  1. The Buyer and/or Occupier Refund Policy

If you are a Buyer and/or Occupier and suffer an Online transaction Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Exceedant Platform (“Total Fees”) depending on the nature of the Online transaction Issue suffered, or (ii) use our reasonable efforts to find and Sell and/or Rent and/or License you another Property for in your Selling or Renting or Licensing activities which is reasonably comparable to the Property described in your original Selling or Renting or Licensing in terms of size, features and quality. All determinations of Exceedant with respect to the Buyer and/or Occupier Refund Policy, including without limitation the size of any refund (not to exceed the amount paid by any Buyer or Occupier) and the comparability of alternate Properties, shall be in Exceedant’s discretion, and final and binding on the Buyers, Tenants, Sellers and Landlords.

  1. Conditions to Claim an Online Transaction Issue

To submit a valid claim for an Online transaction Issue and receive the benefits with respect to your Selling or Renting, you are required to meet each of the following conditions:

(a) you must be the Buyer and/or Occupier that Purchased and/or Rented and/or Licensed the Property;

(b) you must bring the Online transaction Issue to our attention via email and provide us with information (including photographs or other evidence) about the Property and the circumstances of the Online transaction Issue within 24 hours after the later of (i) the start of your Selling or Renting or (ii) you discover the existence of the Online transaction Issue , and must respond to any requests by us for additional information or cooperation on the Online transaction Issue;

(c) you must not have directly or indirectly caused the Online transaction Issue (through your action, omission or negligence); and

(d) unless Exceedant advises you that the Online Transaction Issue cannot be remediated, you must have used reasonable efforts to try to remedy the circumstances of the Online transaction Issue with the Seller and/or Landlord prior to making a claim for an Online transaction Issue.

  1. Minimum Quality Standards, Seller and/or Landlord Responsibilities and Reimbursement to Buyer and/or Occupier

4.1 If you are a Seller and/or Landlord, you are responsible for ensuring that the Properties you list on the Exceedant Platform meet minimum quality standards regarding access, adequacy of the Listing description, safety, cleanliness, and do not present a Buyer and/or Occupier with Online Transaction Issues. During a Buyer and/or Occupier’s purchase, rental or licensing of a Property, Sellers and Landlords should be available, or make a third-party available, in order to try, in good faith, to resolve any Buyer and/or Occupier issues.

4.2 If you are a Seller and/or Landlord, and if (i) Exceedant determines that a Buyer and/or Occupier has suffered an Online transaction Issue related to a Property listed by you and (ii) Exceedant either reimburses that Buyer and/or Occupier (up to their Total Fees) or provides an alternative Property to the Buyer and/or Occupier, you agree to reimburse Exceedant up to the amount paid by Exceedant within 30 days of Exceedant’s request. If the Buyer and/or Occupier is redirect or relocated to an alternative Property, you also agree to reimburse Exceedant for reasonable additional costs incurred to redirect or relocate the Buyer and/or Occupier. You authorize Exceedant, Exceedant Payments, and/or ExceedPay et. al. to collect any amounts owed to Exceedant by reducing your Payout or as otherwise permitted pursuant to the Payments Terms.

4.3 As a Seller and/or Landlord, you understand that the rights of Buyers and Tenants under this Buyer and/or Occupier Refund Policy will supersede your selected cancellation policy. If you dispute the Online Transaction Issue, you may notify us in writing and provide us with information (including photographs or other evidence) disputing the claims regarding the Online transaction Issue, provided you must have used reasonable and good faith efforts to try to remedy the Online transaction Issue with the Buyer and/or Occupier prior to disputing the Online transaction Issue claim.

  1. General Provisions

5.1 No Assignment/No Insurance. This Buyer and/or Occupier Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Buyer and/or Occupier, and the Buyer and/or Occupier has not paid any premium in respect of the Buyer and/or Occupier Refund Policy. The benefits provided under this Buyer and/or Occupier Refund Policy are not assignable or transferable by you.

5.2 Modification or Termination. Exceedant reserves the right to modify or terminate this Buyer and/or Occupier Refund Policy, at any time, in its sole discretion. If Exceedant modifies this Buyer and/or Occupier Refund Policy, we will post the modification on the Exceedant Platform or provide you with notice of the modification and Exceedant will continue to process all claims for Online Transaction Issues made prior to the effective date of the modification.

5.3 Entire Agreement. This Buyer and/or Occupier Refund Policy constitutes the entire and exclusive understanding and agreement between Exceedant and you regarding the Buyer and/or Occupier Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Exceedant and you regarding the Buyer and/or Occupier Refund Policy.

  1. Contacting Exceedant.If you have any questions about the Buyer and/or Occupier Refund Policy, please email us.

Copyright Policy

Notification of Copyright Infringement

Exceedant, Inc. (“Exceedant”) respects the intellectual property rights of others and expects its users to do the same.

It is Exceedant’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Exceedant will respond expeditiously to claims of copyright infringement using the Exceedant website and/or mobile application (the “Site and Application”) that are reported to Exceedant’s Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site and Application by completing the following DMCA Notice of Alleged Infringement and delivering it to Exceedant’s Designated Copyright Agent. Upon receipt of the Notice as described below, Exceedant will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application.

DMCA Notice of Alleged Infringement (“Notice”)

  1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you will provide a comprehensive list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.
  3. Provide your full contact name, (company if applicable), mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Exceedant’s Designated Copyright Agent:

Copyright Agent and Legal
c/o Exceedant
Wells Fargo Center
100 S. Ashley Dr. Suite 600
Tampa, FL 33602

Exceedant Cookie Policy

Exceedant uses cookies and similar technologies to help provide, protect, and improve the Exceedant Platform. This policy explains how and why we use these technologies and the choices you have.

A cookie is a small data file that is transferred to your device (e.g. your phone or your computer). For example, a cookie could allow us to recognize your browser, while another could store your preferences. There are two types of cookies may be used on the Exceedant Platform: (1) “session cookies” and (2) “persistent cookies.” Session cookies normally expire when you close your browser, while persistent cookies remain on your device after you close your browser, and can be used again the next time you access the Exceedant Platform.

We also use other technologies with similar functionality to cookies, such as web beacons, pixels, mobile identifiers, and tracking URLs, to obtain Log Data (as described in the Privacy Policy). For example, our email messages may contain web beacons and tracking URLs to determine whether you have opened a certain message or accessed a certain link.

Why Exceedant Uses These Technologies

We use these technologies for a number of purposes, such as:

  • To enable you to use and access the Exceedant Platform and the Payment Services.
  • To enable, facilitate and streamline the functioning of and your access to the Exceedant Platform.
  • To better understand how you navigate through and interact with the Exceedant Platform and to improve the Exceedant Platform.
  • To serve you tailored advertising (on the Exceedant Platform and on third party websites).
  • To show you content (e.g., advertisements) that is more relevant to you.
  • To monitor and analyze the performance, operation, and effectiveness of the Exceedant Platform and Exceedant advertisements.
  • To enforce rules, policies and legal agreements that govern use of the Exceedant Platform.
  • For fraud detection and prevention, and investigations.
  • For purposes of our own customer support, analytics, research, product development, and regulatory compliance.

Third Parties

We may also allow certain business partners to place these technologies on the Exceedant Platform. These partners use these technologies to (1) help us analyze how you use the Exceedant Platform, such as by noting the third party services from which you arrived, (2) market and advertise Exceedant services to you on the Exceedant Platform and third party websites, (3) help us detect or prevent fraud or conduct risk assessments, or (4) collect information about your activities on the Exceedant Platform, other sites, and/or the ads you have clicked on. For example, to help us better understand how people use the Exceedant Platform, we work with a number of analytics partners, including Google Analytics. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser by clicking here.

Third parties may also use such tracking technologies to serve ads that they believe are most likely to be of interest to you and measure the effectiveness of their ads both on the Exceedant Platform and on other websites and online services. Targeting and advertising cookies we use may include Google, and other advertising networks and services we use from time to time. For more information about targeting and advertising cookies and how you can opt out, you can visit the Network Advertising Initiative’s opt-out page, the Digital Advertising Alliance’s opt-out page, or http://youronlinechoices.eu. To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page. To the extent advertising technology is integrated into the Exceedant Platform and you opt-out of tailored advertising, you may still receive advertising content. In that case, the advertising content will just not be tailored to your interests. Also, we do not control any of these opt-out links and are not responsible for the availability or accuracy of these mechanisms.

Third Party Social Plugins

The Exceedant Platform may use social plugins provided and operated by third parties, such as Facebook and LinkedIn. As a result of this, you may send to the third party the information that you are viewing on a certain part of the Exceedant Platform. If you are not logged into your account with the third party, then the third party may not know your identity. If you are logged in to your account with the third party, then the third party may be able to link information or actions about your interactions with the Exceedant Platform to your account with them. Please refer to the third party’s privacy policies to learn more about its data practices.

Your Choices

Most browsers automatically accept cookies, but you can modify your browser setting to decline cookies by visiting the Help portion of your browser’s toolbar.

Flash cookies operate differently than browser cookies, and cookie management tools available in a web browser will not remove flash cookies. To learn more about how to manage flash cookies, you can visit the Adobe website and make changes at the Global Privacy Settings Panel.

Your mobile device may allow you to control cookies through its settings function. Refer to your device manufacturer’s instructions for more information.

If you choose to decline cookies, some parts of the Exceedant Platform may not work as intended or may not work at all.

Exceedant Experiences: Buyer and/or Occupier Release and Waiver

Last Updated: February 25, 2018

In order to participate in an Sale, Rental and/or Licensing Experience, your Seller and/or Landlord(s) require(s) you to accept this Buyer and/or Occupier Release and Waiver, which is effective between you and your Seller and/or Landlord(s) as of the date when you first Sell and/or Rent or participate in an Experience, whichever happens first. All terms not defined here have the meaning given them in the Exceedant Terms of Service and/or the Exceedant Experiences Terms of Service.

You represent that you are 18 years of age or older. If you are bringing a minor as a Buyer and/or Occupier, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of your Experience, and have read this Buyer and/or Occupier Release and Waiver and agree to it on the minor’s behalf. If you are involved in a Sale, Rental or Licensing Experience on behalf of other Buyers and Tenants, you will ensure, and you represent and warrant, that each Buyer and/or Occupier on whose behalf you Sell and/or Rent and/or License has read and agreed to this Buyer and/or Occupier Release and Waiver, which shall apply to each of them as if the reference to “you” was a reference to him/her.

Assumption of Risks

You understand and acknowledge that the Sale, Rental or Licensing Property Experience(s) you sign up to do may be hazardous and may carry the risk of injury or illness, including sickness, physical injury, property damage, disability, permanent paralysis, and death.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF PARTICIPATING IN EACH EXPERIENCE, INCLUDING EACH EXPERIENCE IN YOUR IMMERSIVE EXPERIENCE, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE SELLER AND/OR LANDLORD OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE EXPERIENCE, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN THE EXPERIENCE.

Release and Waiver

You acknowledge and agree that:

  • You have reasonably assessed the risks involved in the Experience(s) and have made an informed and voluntary choice to participate.
  • You alone, and not your Seller and/or Landlord(s), are responsible for determining your fitness for participating in the Experience(s) and your ability to fully understand any directions or warnings presented.
  • You will not participate in any Experience(s) when you have a physical, medical, or mental limitation or disability, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in that Experience(s).
  • You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the Experience(s). If you notice any hazard during an Experience, you will stop participating in the Experience immediately.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE YOUR SELLER AND/OR LANDLORD(S) FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR EXPERIENCE(S), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.

If you reside in California, you expressly waive the protection of Section 1542 of the California Civil Code (“Section 1542”), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR. You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered.

You intend this Buyer and/or Occupier Release and Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Waiver and Release is held to be invalid, the balance notwithstanding shall continue in full force and effect.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLERS AND LANDLORDS PROVIDE THE EXPERIENCE(S)  “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER AND/OR LANDLORD(S) EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.

Indemnification

You agree that if, despite this Buyer and/or Occupier Release and Waiver, you or anyone on your behalf make a claim against the Seller and/or Landlord(s) relating to an Experience, you will indemnify and hold the Seller and/or Landlord(s) and Exceedant et. al. harmless from any liability, demand, loss, damage, or costs which the Seller and/or Landlord(s) may incur as the result of such claim.

You affirm that you HAVE READ THIS BUYER AND/OR OCCUPIER RELEASE AND WAIVER AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THESE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT.

Rewards Cards and Credits

Exceedant Rewards Card and Credits – Terms and Conditions

Redemption.

Exceedant Rewards Cards and/or Credits (“Rewards Cards” “credits”) may only be redeemed toward the purchase of eligible goods and services provided by Exceedant, LLC. and its affiliates on www.Exceedant.com. Your use of the services available via www.Exceedant.com shall be subject to Exceedant’s terms of service, Rules and Policies.

Rewards Card purchases or “Credits” are deducted from the redeemer’s balance. Any unused Card balance will be placed in the redeemer’s Exceedant.com account in the form of another Rewards Card. If a purchase exceeds the redeemer’s Card balance, the remaining amount must be paid with another payment method in the purchaser’s account.

To view your Account balance, visit your dashboard after signing in to Exceedant.com and its affiliated Marketplaces or Platforms. No fees apply to Rewards Cards. Rewards Cards do not expire unless we notify you.

Limitations.

Rewards Cards and/or Credits cannot be used to purchase services after one year (12 months) issuance date, unless you receive other written notice. Rewards Cards and/or Credits cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Unused Rewards Card balances in an Exceedant.com account may not be transferred to another Exceedant.com account on another Marketplace or Platform. Rewards Cards can only be granted to individuals in the United States at this time, but this may change to include other countries later.

Risk of Loss.

The risk of loss and title for Rewards Cards and/or Credits pass to you upon our electronic transmission to the designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any Rewards Card and/or Credits are lost, stolen, destroyed or used without your permission.

Fraud.

Exceedant reserves the right to any remedy, including refusal to issue or honor an Exceedant Rewards Card and/or Credits in the event of suspected fraud. We will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Rewards Card and/or Credits are redeemed and/or used to make purchases on Exceedant.com and/or its affiliated websites.

Limitation of Liability.

WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO REWARDS CARDS AND/OR CREDITS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A REWARDS CARD AND/OR CREDITS ARE NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH REWARDS CARD AND/OR CREDITS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Disputes.

Any dispute or claim relating in any way to Rewards Cards and/or Credits will be resolved in accordance with the Dispute Resolution section of the Exceedant Terms of Service, Rules and Policies.

General Terms.

The Exceedant Rewards Card and/or Credits are issued by Exceedant, Exceedant Payments, or ExceedPay. When you purchase, receive or redeem a Rewards Card and/or Credits, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Rewards Card and/or Credit terms and conditions. We reserve the right to change these terms and conditions from time to time in our discretion. All terms and conditions are applicable to the extent permitted by law.

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PART II. RULES & POLICIES APPLICABLE TO YOUR USE OF EXCEEDANT.COM, AND THE “PROJECTS AND SERVICES MARKETPLACES” INCLUDING: COMMERCIALSERVICES.EXCEEDANT.COM AND HOMESERVICES.EXCEEDANT.COM.  

Exceedant’s Rules & Policies

Terms of Service
Last update: February 2018

Welcome to Exceedant. Exceedant is a marketplace platform for services performed by its users. “Exceedant” refers to Exceedant LLC, Exceedant.com, CommercialServices.exceedant.com, HomeServices.exceedant.com and affiliated websites where users may hire service providers and service providers may bid for real estate, property-related Project services and find jobs. These websites are also referred to Exceedant’s Commercial and Residential Project Services Marketplaces, or “Project Services” websites. The following Rules & Policies, Terms of Use and Privacy Policy governs these websites as listed above.

The following terms and conditions (these “Terms of Service”), govern your access to and use of the Exceedant website, including any content, functionality and services offered on or through www.Exceedant.com, CommercialServices.exceedant.com, HomeServices.exceedant.com and affiliated websites (the “Sites”), by Exceedant.

Please read the Terms of Service carefully before you start to use the Sites. By using the Sites, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found below, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site.

This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the Exceedant services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request via email.

Key Terms

Project services are services offered on Exceedant platforms.

Sellers or Service Providers or Freelancers are users who offer and perform services through Exceedant’s platforms.

Buyers or Service Contractors are users who purchase services on Exceedant’s platforms.

Project Listing Page is where the seller can describe their Project and the Project’s terms, and the buyer can submit an offer, bid or proposal on the Project and create an order if a seller accepts the offer, bid or proposal.

Project Extras are additional services offered on top of the Seller’s Project for an additional price defined by the Seller.

Project Multiples are additional quantities of unique orders from the seller’s Project.

Project Packages allow sellers to offer services in different formats and prices. Packages can include upgrades, which lets sellers price their service for a basic price or flat rate.

Custom Offers or Proposals are exclusive bids, proposals or offers that a seller can create in response to specific requirements of a buyer.

Custom Orders are requests made by a buyer to receive a Custom Offer, Bid or Proposal from a seller.

Orders are the formal agreements between a buyer and seller after Proposals(s), Bid(s) or Offer(s) are accepted and order(s) made from the seller’s Project Page.

My Account Page is where buyers and sellers communicate with each other in connection with an ordered Project.

Disputes are disagreements experienced during an order between a buyer and seller on Exceedant.

Revenue is the money sellers earn from completed orders for Project services.

Sales Balance is cleared revenue from completed orders for sellers to withdraw or use to purchase Project services.

Shopping Balance is shopping credit collected from cancelled orders or Exceedant promotions to be used for purchasing Project services.

Overview (Main terms, in a nutshell)

  • Only registered users may buy and sell on Exceedant. Registration is free.
  • Project services  on Exceedant may be offered at a base starting price. Some Project services are offered at a base price of more than a specific amount as determined by the seller.
  • Buyers pay Exceedant in advance to create an order.
  • Orders are purchased when a Seller submits a proposal, bid or offer on a Project page or through a Custom Offer, and the Buyer accepts a proposal, bid or offer.
  • For fees and payments please read the purchasing section.
  • Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect sellers’ reputation and status.
  • Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Project Extras, or selling their Project in multiples.
  • Users may not offer or accept payments using any method other than placing an order through Exceedant.
  • Buyers are granted all rights for the delivered work, unless otherwise specified by the seller on their Project page. Note: some Project services charge additional payments (through Project Extras) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
  • Exceedant retains the right to use all published delivered works for Exceedant marketing and promotion purposes.
  • We care about your privacy. You can read our Privacy Policy below. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.

Sellers

Basics

  • Sellers create Project Services or Workspaces or Profiles on Exceedant to allow buyers to purchase their services.
  • Sellers may also offer Custom Offers to buyers in addition to their Project services.
  • Each order you sell and successfully complete, accredits your account with a net revenue of 85% of the purchase amount.
  • Exceedant accredits sellers once an order is completed. See our “Orders” section below for a definition of a completed order.
  • If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s Shopping Balance.
  • Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. Top Rated Sellers and Pro Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.
  • Sellers may not promote their Project services or any Exceedant content via the AdWords platform.
  • Sellers may withdraw their revenues using one of Exceedant’s withdrawal options.
  • The seller’s rating is calculated based on the order reviews posted by buyers. High ratings allow sellers to obtain advanced seller levels (see Levels below).
  • For security concerns, Exceedant may temporarily disable a seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by buyers, or associating multiple Exceedant accounts to a single withdrawal provider.

Project Services

  • Sellers are allowed to post a select amount of active Project services based on their Level status.
    • 7 Project services for sellers without a Level status.
    • 15 Project services for Level 1 sellers.
    • 20 Project services for Level 2 sellers.
    • 30 Project services for Top Rated sellers.
  • Project services created on Exceedant are User Generated Content.
  • Project services may be removed by Exceedant for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
    • Illegal or Fraudulent services
    • Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy here.
    • Adult oriented services, Pornographic, Inappropriate/Obscene
    • Intentional copies of Project services
    • Spam, Nonsense, or Violent Project services
    • Project services misleading to buyers
    • Reselling of regulated goods
    • Services that extend beyond 30 days of service duration
  • Project services that are removed for violations mentioned above, may result in the suspension of the seller’s account.
  • Project services that are removed for violations are not eligible to be restored or edited.
  • Project services may be removed from our Search feature due to poor performance and/or user misconduct.
  • Project services may include pre-approved website URLs contained within the Project description and requirements box. Project services containing websites promoting content, which violates Exceedant’s Terms of Service, will be removed.
  • Project services are required to have an appropriate Project image related to the service offered. An option to upload two additional Project images are available to all sellers.
  • Project services may contain an approved Project Video or Audio uploaded through the Project management tools which are currently available on Exceedant’s platform.
  • Statements on the Project Page that undermine or circumvent these Terms of Service are prohibited.
  • Eligible Project services and sellers may price their Project services at a base price beyond $2500.
  • Eligible Project services in select Categories may set up Project Packages to offer their services in structured formats with multiple price points for the selected Project.

Project Extras

  • Project Extras are additional services offered on top of the Seller’s Project for an additional price defined by the Seller.
  • Project Extras may be removed for violations of our Terms of Service. For specific terms, please see the Project Services section above for a list of services that violate our Terms of Service. Project services are subject to be removed due to violations found in Project Extras.
  • The amount of Project Extras, which can be offered, and the price for each Project Extra, is based on your seller Level. More information surrounding your accounts eligibility for Project Extras can be found here.
  • Services offered through Project Extras must be related to the base service and part of the deliverables on the order.
  • Project Extras may cover different categories of services that are components to a higher quality delivered service.
  • Sellers have the option to extend the duration of an order for each Project Extra that is added to the order. This is to cover the time needed to complete the extra service.

Seller Achievement Levels

Exceedant is all about helping sellers leverage their skills. We seek to empower top performing sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Exceedant may reward them with new statuses, special opportunities, benefits, and tools that come with it.

  • Exceedant sellers can gain account Levels based on their activity, performance and reputation. The advancement criteria can be found here.
  • Advancement in Levels are updated periodically by an automated system.
  • The current Levels a seller can achieve are, Level 1, 2, and Top Rated.
  • Sellers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their seller status and the benefits that come with it. For example, late deliveries, warnings to the seller’s account and cancellations can cause a seller to move to a different Level.
  • Advanced levels provide their owners with additional benefits, including offering Project services for higher prices through Project Extras, or selling their Project in multiples.

Top Rated Sellers

  • Top Rated Sellers are chosen manually by Exceedant editors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated Sellers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.
  • Top Rated eligibility is constantly evaluated by Exceedant to ensure that the quality standards and expectations of the Top Rated selection is kept. Exceedant retains the right to change a Top Rated Seller status in light of such evaluation. In addition, Top Rated Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Top Rated status and the benefits that come with it.

Pro Sellers

  • Pro Sellers are pre-verified professionals who undergo a vetting process by Exceedant editors. Applying for Exceedant Pro is open to everyone: professional real estate-related service providers or freelancers who are new to Exceedant, as well as existing Exceedant sellers.
  • Pro Sellers eligibility is constantly evaluated by Exceedant to ensure that the quality standards and expectations of the Pro Seller selection is kept. Exceedant retains the right to change a Pro Seller status in light of such evaluation. In addition, Pro Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Pro status and the benefits that come with it.

Seller Features

Exceedant sellers have access to several exclusive features that help customize the way their services can be offered.

Custom Offer

  • Sellers can also send Custom Offers, Bids or Proposals addressing specific requirements of a buyer.
  • Custom Offers are defined by the seller with the exact description of the service, the price and the time expected to deliver the service.
  • Custom Offers, Bids or Proposals are sent via the Exceedant Platform.
  • Services provided through Custom Offers, Bids or Proposals may not violate Exceedant’s Terms of Service.
  • Project Milestones:
    • Custom Offers, Bids or Proposals above $500 may include up to three project milestones. Each milestone is paid and delivered separately in accordance with each Custom Offer’s description and timelines.
    • A milestone is marked as Complete after it is delivered by the seller and then accepted by the buyer. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after marked as Delivered, however, in such case the order will be stopped and all further milestones will be cancelled.
    • Once a milestone is delivered, Buyers may choose to either continue with the order and pay for the next milestone, or to stop the order. Please note that if you choose to stop the order, the current delivered milestone will not be cancelled.

Exceedant Anywhere

  • Exceedant Anywhere is a feature that allows sellers to send Custom Offers outside of Exceedant.
  • Services offered through Exceedant Anywhere must comply with our Terms of Service.
  • Users accessing and purchasing from Exceedant Anywhere offer that are not already members of Exceedant, will be required to register with Exceedant to create an order.
  • Sellers are required to deliver proof of completion of services in the order page. Please see our Orders section for further details.
  • Communication for handling orders should be performed on Exceedant, through the order page. Users who engage and communicate off of the Exceedant Platform will not be protected by our Terms of Service.

Shipping Physical Deliverables

Some of the services on Exceedant are delivered physically. For these types of Project services, sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).

  • Project services that include shipping costs must have physical deliverables sent to Buyers.
  • Shipping costs added to a Project only pertains to the cost sellers require to ship physical items to Buyers.
  • Important: Buyers who purchase Project services that require physical delivery, will be asked to provide a shipping address.
  • Sellers are responsible for all shipping arrangements once the buyer provides the shipping address.
  • Exceedant does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
  • A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the order page when delivering your work.

Withdrawing Revenues

  • To withdraw your revenue, you must have an account with at least one of Exceedant’s My Account > Finances and/or third party withdrawal methods (e.g. PayPal, etc.)
  • Your Exceedant profile can be associated with only one account from each Exceedant withdrawal methods. A withdrawal provider account can be associated with only one Exceedant profile and account.
  • Revenues are generally only made available for withdrawal from the My Account > Finances page following a safety clearance period of 14 days after the order is marked as complete. Top Rated Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete by a buyer.
  • To withdraw your available revenue, you must click on the designated My Account > Finances and/or withdrawal section and/or third party provider to initiate the withdrawal process. If you have questions, you can email us for support.
  • Withdrawals can only be made in the amount available to you.
  • Withdrawal fees vary depending on the withdrawal method.
  • Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.

Withdrawal Methods

METHOD

FEE

SERVICE AVAILABILITY

Withdraw to your PayPal Account

2% of the sum withdrawal amount up to $1*

For a list of PayPal services by country click here

Exceedant/ExceedPay (coming soon)

$1* within 2 days, or $3 within 2 hours.
For more information, see Pricing and Fees.

Worldwide

Local Bank Transfer (LBT)

$3 per transfer*.
For more information, see Pricing and Fees.

Worldwide

Direct Deposit (ACH)

$1 per transfer.
For more information, see Pricing and Fees.

US only

* Additional fees may apply based on your location and currency.

Buyers

Basics

  • You may not offer direct payments to sellers using payment systems outside of the Exceedant Order system and platform.
  • Exceedant retains the right to use all publicly published delivered works for Exceedant marketing and promotional purposes.
  • Buyers may request a specific service from the Post a Project feature found from the dashboard and My Account section. Services requested on Exceedant must be an allowed service on Exceedant. Please read further for guidelines on approved services.

Purchasing Services

  • Buyers pay Exceedant when they accept an Offer, Bid or Proposal from a Seller to create an order.
  • In addition buyers can request a Custom Request for Proposal which addresses specific buyer requirements, and receive a Custom Offer, Bid or Proposal from sellers through the site or through Exceedant Anywhere.
  • Project services may be purchased using one of the following payment methods: Credit Card, PayPal or Exceedant Credit, ExceedPay (coming soon).
  • Processing fees are added at the time of purchase where a buyer can review and accept the total amount requested to pay. These fees cover payment processing and administrative fees.
    As of February 2018, the current fees assessed to Exceedant are fifteen percent (15%) of the total amount of cost of the services. When purchasing from your seller’s balance or Credit amount (i.e. out of your earned revenues) or buyer’s shopping balance or Credit amount (resulting from any credits or refunds) you will not be charged a processing fee. Funds returned to your balance from cancelled orders will not include processing fees paid.
  • If you have funds in your account balance, either from your Shopping or available Credit (or My Account > Finances) balance, it will be automatically applied to your next purchase.
  • You may not offer sellers to pay, or make payment using any method other than through the Exceedant site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support via email.
  • To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we may not collect credit information on the Project Services Marketplaces; but allow our payment vendors to collect information for the purpose of collecting payments from buyers on the Site or transferring payments to sellers on the Site. We may not exposed to the payment information provided to our payment vendors on these marketplaces, and this information is subject to the privacy policy applicable to the payment vendor. Please see our Privacy Policy for more information.

Business Tools

  • Our Business Tools may help you and your team to better manage your purchases and Project services on Exceedant. Through various Business Tools, buyers can create and manage business teams in which all members may use a shared payment method. Once a buyer creates a business team, they become the sole owner and administrator of the team.
  • When inviting a buyer to a business team, the administrator may authorize such buyer to use the team’s shared payment method. Business teams may be subject to a monthly budget limitation, as defined by the administrator. Administrators may invite and remove buyers at any time. It should be noted, however, that removing a buyer from a business team does not delete or affect their Exceedant account in any way, but only removes them from the administrator’s business team.
  • Buyers may be asked to confirm their invitation to a business team before joining. Buyers should note that all business team members may have access to information about purchases made within the team through the shared payment method.
  • Invoices for purchases made by buyers using the team’s payment method will be issued solely according to the billing information defined by the administrator.

Taxes

Buyers may be charged with indirect taxes (such as VAT or GST) depending on their business location, residency, location and any applicable law, in addition to the Project price shown on the Project page.

Project Service Orders

Basics

  • Once payment is confirmed, your Project Service order will be created and may be given a unique Exceedant order number (#).
  • Sellers must deliver completed files and/or proof of work using the appropriate link on the My Account section and/or other method directed by the Buyer and/or according to the service that was purchased and advertised on their Project.
  • Using the Deliver Project Services may not be abused by sellers to circumvent Order guidelines described in this Terms of Service. Using the “Deliver Project Services Work” when an order was not fulfilled may result in a cancellation of that order after review, affect the seller’s rating and result in a warning to seller.
  • An order is marked as complete after the order is marked as Delivered and then rated by a buyer. An order will be automatically marked as complete if not rated and no request for modification was submitted within 5 days after marked as Delivered.
  • We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Exceedant’s Customer Support for assistance via email.

Handling Orders

  • When a buyer accepts a seller’s Proposal, Bid or Offer, and orders Project Services, the seller is notified by email as well as notifications on the site while logged into the account.
  • Sellers are required to meet the delivery time they specified when creating their Project services. Failing to do so will allow the buyer to cancel the order when an order is marked as late and may harm the seller’s status.
  • Sellers must send completed files and/or proof of work using the Deliver Completed Work section of My Account section or the Dashboard to mark the order as Delivered.
  • Users are responsible for scanning all transferred files for viruses and malware. Exceedant will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
  • A Seller may cancel an order without the buyer’s consent at any given moment (Force Cancellation). However, this will have a negative effect on the seller’s status.
  • Buyers may use the “Request Revisions” feature located on the Order page while an order is marked as Delivered if the delivered materials do not match the seller’s description on their Project page or they do not match the requirements sent to the seller at the beginning of the order process.

Reviews

  • Feedback reviews provided by buyers while completing an order are an essential part of Exceedant’s rating system. Reviews demonstrate the buyer’s overall experience with the sellers and their service. Buyers are encouraged to communicate to the seller any concerns experienced during their active Project Services order in regards to the service provided by the seller.
  • Leaving a buyer’s feedback is a basic prerogative of a buyer. Feedback reviews will not be removed unless there are clear violations to our Terms of Service.
  • To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Exceedant platform from users within our Community. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the Exceedant platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
  • Feedback comments given by buyers are publicly displayed on a seller’s Project page. Buyers have the option not to include a comment, but still rate the service. Cancellation of an order does not remove feedback unless mutually agreed.
  • Work Samples are the delivered images and videos sent to a buyer in a delivery message. Work Samples may be added to a seller’s Live Portfolio on their Sample Projects and/or Workspace page if the buyer chooses to publish the Work Sample while providing a public feedback review.
  • Withholding the delivery of services, files, or information required to complete the Project’s service with the intent to gain favorable reviews or additional services is prohibited.
  • Responding and posting a review: Once work is delivered, the buyer has five (5) days to respond and post a review (or 14 days for Project services with shipping). If no response is provided within the response period, the order will be considered completed.
  • Users are allowed to leave reviews on orders up to 30 days after an order is marked as complete. No new reviews may be added to an order after 30 days.
  • Sellers may not solicit the removal of feedback reviews from their buyers through mutual cancellations.

Disputes and Cancellations

We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Exceedant’s Customer Support department for assistance via email.

Basics

  • Order cancellations can be performed on Exceedant, when eligible, by Customer Support or through the Resolution Center per order.
  • Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily disabled to investigate possible security violations. Note: once you have filed a dispute with Exceedant and/or your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
  • In the event that a buyer or seller encounters an issue related to the service provided in an order, you are encouraged to use the Site’s dispute resolution tools to attempt to resolve the matter.
  • Exceedant reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
  • All transfer and assignment of intellectual property to the buyer shall be subject to full payment for the Project and the delivery may not be used if payment is cancelled for any reason.
  • If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s shopping balance.
  • Revisions to deliveries can be performed by sellers based on the seller’s Project and customer care. Sellers may determine the amount of revisions offered to buyers, including no revisions.
  • Requests for revisions can be performed through the My Account, Dashboard and/or Order page while the order is marked as Delivered.
  • Requesting to gain more services from sellers beyond the agreed requirements by using the Request Revisions provision is not allowed.

Project Service Order Cancellations

  • Exceedant encourages Buyers and Sellers to resolve service disputes mutually using the Resolution Center.
  • Eligibility for requests to Exceedant to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the Exceedant delivery system. See below for Order specific eligibility.
  • Completed orders (or, where applicable, completed milestones) may be cancelled, upon review of our Customer Support team, up to 14 days after the order (or Milestone) is marked as complete.
  • Orders are not eligible to be cancelled based on the quality of service/materials delivered by the seller if the service was rendered as described in the Project page. Buyers may rate their experience with the seller on the order page, including the overall level of service quality received.
  • Buyers must use Exceedant Resolution Center to address their concerns and desired resolution related to the service provided by their seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the buyers failed to inform their seller of issues related to the seller’s service and will allow sellers to provide a resolution first. This does not include non-permitted usage of Exceedant.
  • Any non-permitted usage of Exceedant encountered during an Project Service Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations to Exceedant’s Terms of Service.
  • Exceedant Customer Support will cancel Project Service orders based on, but not limited to, the following reasons:
    • Active orders (after the buyer submits their requirements and before the seller delivers on Exceedant)
      • The seller is late and unresponsive for more than 24 hours while the order is marked as Late.
      • Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
      • Users supplied or included copyright/trademark infringing materials as part of the Buyer requirements or the seller’s delivery.
      • The user is no longer an active Exceedant user due to Terms of Service violations or closure of their account.
    • Delivered Orders (after the seller selects Deliver Now and before the order is marked as complete)
      • The seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to buyers.
        • Note: Multiple reported offenses will result in permanent suspension of your account.
      • The seller delivers no files and/or proof of work related to the agreed upon order requirements.
        • Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
      • The seller requests additional payments, on or off the Exceedant platform, by withholding the final delivery of services directly related to the agreed requirements.
      • The seller is withholding the final delivery of services for improved ratings.
      • Buyers who abuse the Request Revisions provision to gain more services from sellers beyond the agreed requirements.
      • Buyers who threaten to leave a damaging review to gain more services from the seller not related to the agreed requirements.
    • Completed Orders (after the order is marked as complete and before the 14 day limitation)
      • Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
      • Buyers who did not purchase commercial use rights (where applicable) and are reported to have used the materials commercially.
        • Note: Terms of Commercial use may be found on the seller’s Profile or Workspace page and cannot be retroactively included once the order is completed for over 14 days.
      • Exceedant Customer Support will review cases of Project Service Order delivery manipulation that prevents buyers and sellers from fully utilizing our Resolution Center that enabled the order to be marked as complete.

Refunds

  • Exceedant does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are refunded to the buyer’s balance as credit and are available for future purchases on Exceedant. Funds returned to your balance from cancelled orders will not include processing fees paid.
  • Deposit refunds, when available from the payment provider, can be performed by our Customer Support team. To prevent fraud and abuse, we limit the total amount of times users can request an Exceedant and/or  payment provider refund from their account which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee. If any processing fees were added at the time of purchase to create a new order, the processing fees from that payment will not be refunded along with your deposit.

User Conduct And Protection

Exceedant enables people everywhere to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Exceedant reflect the diversity of an expanding Project economy. Members of the Exceedant community communicate and engage through orders, social media, and on Exceedant’s Community Forums.

Exceedant maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Exceedant. This section relates to the expected conduct users should adhere to while interacting with each other on Exceedant.

To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team via email.

Basics

  • To protect our users’ privacy, user identities may be kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Exceedant in order to circumvent or abuse the Exceedant messaging system or Exceedant platform is not permitted.
  • Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
  • Exceedant does not provide any guarantee of the level of service offered to buyers. You may use the dispute resolution tools provided to you in the order page.
  • Exceedant does not provide protection for users who interact outside of the Exceedant platform.
  • All information and file exchanges must be performed exclusively on Exceedant’s platform.
  • Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account.
  • The Exceedant marketplace is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.

Project Service Orders

  • Users with the intention to defame competing sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
  • Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
  • Exceedant reviews cases of payment provider chargebacks and disputes on behalf of sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the seller’s favor. If the chargeback case allows, Exceedant will return parts or full revenue back to sellers.

Project services

  • Users may report Project services to Customer Support that may be in violation of Exceedant’s Terms of Service based on the reported Project’s replicated similarity to pre-existing services (copycat Project services).
  • Exceedant will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing seller statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography – Exceedant does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language – Communication on Exceedant should be friendly, constructive, and professional. Exceedant condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.

Phishing and Spam – Exceedant takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them for commercial purposes without their consent.

Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the order page. Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the buyer. Any users who engage and communicate off of Exceedant will not be protected by our Terms of Service.

Intellectual Property Claims – Exceedant will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.

Fraud / Unlawful Use – You may not use Exceedant for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Exceedant community will be disabled. Mass account creation may result in disabling of all related accounts. Note: Any violations to Exceedant’s Terms of Service is cause for permanent suspension of all accounts.

Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Exceedant. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – You may not buy or sell Exceedant accounts.

General Terms

  • Exceedant reserves the right to put any account on hold or permanently disable accounts due to breach of these terms of service or due to any illegal or inappropriate use of the Site or services.
  • Violation of Exceedant’s Terms of Service may get your account disabled permanently.
  • Users with disabled accounts will not be able to sell or buy on Exceedant.
  • Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
  • Users have the option to enable account Security features to protect their account from any unauthorized usage.
  • Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
  • Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to Exceedant’s approval.
  • Disputes should be handled using Exceedant’s dispute resolution tools (Resolution Center) or by contacting Exceedant Customer Support.
  • Exceedant may make changes to its Rules & Policies, Terms of Service and Privacy Statement from time to time. When these changes are made, Exceedant will make a new copy of the terms of service available on this page.
  • You understand and agree that if you use Exceedant after the date on which the Rules & Policies, Terms of Service and/or Privacy Statement have changed, Exceedant will treat your use as acceptance of the updated aforementioned.

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Exceedant by our users (Buyers and Sellers) is User Generated Content. Exceedant does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Exceedant is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Project services, their delivery, and any communications between buyers and sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Project services® service offers.

By offering a service, the seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service is offered on Exceedant. Sellers advertising their Project online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Project and may lead to the suspension of seller’s account.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement – please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Ownership

Ownership and limitations: Unless clearly stated otherwise on the seller’s Project page/description, when the work is delivered, and subject to payment, the buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the seller, and the seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the seller expressly agrees to assign to buyer the copyright in the delivered work. All transfer and assignment of intellectual property to buyer shall be subject to full payment for the Project and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as real estate marketing and advertising work, architectural and design work, real estate data and/or real estate strategy report generation etc.), the delivered work shall be the exclusive property of buyer, and seller assigns all rights, title and interest in the delivered work. Some Project services (including for custom created work) charge additional payments (through Project Extras) for a Commercial Use License. This means that if you purchase the Project for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Project Extra and will have broader rights that cover your business use.

For Video, Audio, Voice Over Project services and/or similar services, when the work is delivered, and subject to payment, the buyer is purchasing basic rights, (which means the buyer is paying a one time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the subject services to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Project Extra. If you intend to use these services in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Project Extra. For further information on the type of buy-outs, please read below.

Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the buyer.

Furthermore, users (both buyers and sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Exceedant, including Project texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Exceedant for no consideration for marketing and/or other purposes.

Video, Audio and/or Voice Over Commercial Buy-Out

When purchasing this type of Project services, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television and internet commercial spots).
By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Seller grants you with a license to use the Voice Over for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.
By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you with a license for full broadcasting, which includes internet, radio, and TV “paid channels” including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.

This Buy-Out is subject to Exceedant’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Exceedant will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Commercial Use License

By purchasing a “Commercial Use License” with your order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Exceedant’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Exceedant will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER EXCEEDANT NOR ANY PERSON ASSOCIATED WITH EXCEEDANT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Automatic Translation

THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

The Site may be translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.

The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.

Limitation on Liability

IN NO EVENT WILL EXCEEDANT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

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