Terms and Conditions of Use

Please read these terms carefully before using XploreBNB. By using our platform, you agree to be bound by these terms.

Last updated: January 8, 2025

LEGALLY BINDING AGREEMENT

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Xclusive Properties Corporation, including its owners, officers, employees, contractors, and affiliates (“Company,” “we,” “us,” or “our”).

By accessing, registering for, purchasing from, or using the Platform in any manner, you acknowledge that you have read, understood, and agreed to these Terms. If you do not agree, you must not use the Platform.

1. Platform Role — No Guarantees

The Platform is a neutral online marketplace that facilitates connections between independent buyers and sellers of short-term rental opportunities, including Airbnb deals, management agreements, leases, and related business leads (“Listings”).

The Company:

  • Is not a broker, agent, advisor, or fiduciary
  • Does not verify, validate, audit, or confirm Listings
  • Does not guarantee accuracy, profitability, legality, or performance
  • Does not participate in transactions between users

All Listings are provided “AS IS” and “AS AVAILABLE.”

2. Use at Your Own Discretion & Assumption of Risk

You expressly acknowledge and agree that:

  • Use of the Platform is entirely at your own discretion and risk
  • Any decision to purchase, sell, manage, lease, or invest is made independently
  • You assume full responsibility for outcomes, including losses

The Company has no duty to protect you from financial loss, poor deals, regulatory violations, or misrepresentation by other users.

3. No Financial, Legal, or Investment Advice

Nothing on the Platform constitutes:

  • Financial advice
  • Investment advice
  • Legal advice
  • Tax advice
  • Real estate advice

All figures, projections, revenue data, occupancy estimates, screenshots, or performance claims are:

  • Illustrative only
  • Not guarantees
  • Not recommendations
  • Not promises of results

Past performance does not indicate future results.

3A. Limited Educational & Advisory Role — No Reliance

The Company may, from time to time, provide general educational information, market commentary, opinions, tools, frameworks, or guidance related to short-term rental businesses and marketplace activity (collectively, “General Guidance”).

You expressly acknowledge and agree that:

  • Any such General Guidance is generic in nature
  • It is provided for informational and educational purposes only
  • It is not tailored to your personal, financial, legal, or business circumstances
  • It does not constitute professional advice or recommendations
  • You remain solely responsible for all decisions and actions taken

You further agree that:

  • You have not relied on any statement, opinion, estimate, suggestion, or guidance provided by the Company in making any decision
  • The Company does not owe you any fiduciary duty
  • No guarantees, warranties, or promises of results are made, whether express or implied

Any use of such General Guidance is entirely at your own discretion and risk.

4. User Due Diligence Required

You are solely responsible for:

  • Verifying numbers and claims
  • Reviewing contracts and leases
  • Ensuring legal and regulatory compliance
  • Assessing market conditions
  • Consulting professionals if needed

Failure to perform due diligence is not the Company's responsibility.

5. All Sales Final — No Refunds — No Chargebacks

All purchases made through the Platform are FINAL AND NON-REFUNDABLE.

You expressly agree that:

  • No refunds will be issued under any circumstances
  • Chargebacks, payment disputes, or reversals are prohibited
  • Attempted chargebacks constitute a material breach of these Terms

The Company reserves the right to:

  • Contest chargebacks
  • Suspend or terminate accounts
  • Recover fees, penalties, and legal costs incurred

6. Third-Party Escrow Services (Escrow.com)

The Platform utilizes Escrow.com, a third-party licensed escrow service provider, to facilitate secure payment transactions between buyers and sellers. Escrow.com is an independent company and is not owned, operated, controlled, or affiliated with the Company.

AGREEMENT TO ESCROW.COM TERMS

By initiating any escrow transaction through the Platform, you expressly acknowledge and agree that:

  • You have read, understood, and agreed to Escrow.com's Terms of Use
  • You have read, understood, and agreed to Escrow.com's General Escrow Instructions
  • You have read, understood, and agreed to Escrow.com's Privacy Policy
  • You are bound by all applicable Escrow.com policies and procedures
Escrow.com Terms General Escrow Instructions Escrow.com Privacy Policy

You expressly acknowledge and agree that:

  • The Company is NOT a party to any escrow transaction between you and other users
  • The Company does NOT hold, manage, or have access to escrowed funds
  • The Company does NOT verify authenticity, ownership, title, or legal right to any property or merchandise
  • The Company does NOT guarantee representations made by buyers, sellers, or brokers
  • All escrow transactions are governed exclusively by Escrow.com's terms and policies
  • Escrow.com's limitation of liability applies to all escrow transactions

Limitation of Liability for Escrow Transactions:

  • The Company shall NOT be liable for any loss, damage, cost, or expense arising from escrow transactions
  • The Company shall NOT be liable for Escrow.com's actions, omissions, delays, or errors
  • The Company shall NOT be liable for disputes between buyers and sellers regarding escrowed funds or property
  • The Company shall NOT be liable for any fraud, misrepresentation, or breach by any party to an escrow transaction
  • The Company shall NOT be liable for funds held, released, or disbursed by Escrow.com

Dispute Resolution for Escrow Transactions:

Any disputes arising from or relating to escrow transactions must be resolved directly with Escrow.com pursuant to their dispute resolution procedures. The Company has no obligation to participate in, mediate, or resolve any escrow-related disputes. You agree to indemnify and hold the Company harmless from any claims arising from escrow transactions.

Hierarchy of Terms:

In the event of any conflict between these Terms and Escrow.com's terms regarding escrow transactions: (1) Escrow.com's General Escrow Instructions control first; (2) Escrow.com's Terms of Use control second; (3) these Terms control third only with respect to Platform usage unrelated to escrow transactions.

7. Limitation of Liability

To the maximum extent permitted by law in the United States and Canada:

The Company shall not be liable for:

  • Financial losses
  • Lost profits
  • Failed deals
  • Business interruption
  • Data loss
  • Fraud or misrepresentation by users
  • Regulatory violations
  • Platform downtime or errors

Total liability, if any, shall not exceed the amount paid to the Company in the preceding 30 days.

8. Indemnification

You agree to indemnify, defend, and hold harmless the Company from any claims, damages, losses, legal fees, or liabilities arising from:

  • Your use of the Platform
  • Your transactions
  • Your Listings
  • Your violations of law
  • Your misrepresentation or false leads

9. Seller Conduct & Immediate Ban Policy

The following actions will result in immediate termination without notice, forfeiture of access, and potential legal action:

  • Selling false, misleading, or fabricated leads
  • Posting inaccurate or deceptive financial data
  • Promoting or redirecting users to external platforms, marketplaces, websites, Discords, Telegrams, or services
  • Attempting to bypass Platform fees or systems
  • Engaging in fraud, manipulation, or unethical conduct

Banned users forfeit all fees paid and have no right to refunds or reinstatement.

10. No Agency, Partnership, or Joint Venture

Nothing in these Terms creates:

  • A partnership
  • Joint venture
  • Agency
  • Fiduciary relationship
  • Employment relationship

Users act independently and at their own risk.

11. Data Collection & Privacy

By using the Platform, you consent to data collection, storage, and processing.

We may collect:

  • Personal identifiers
  • Payment data
  • Usage analytics
  • Communications
  • Device and IP information

Data may be stored in the U.S. or Canada and used for:

  • Platform operation
  • Fraud prevention
  • Legal compliance
  • Marketing and analytics

We implement reasonable safeguards but cannot guarantee absolute security.

12. Termination Rights

The Company reserves the right to:

  • Suspend or terminate any account
  • Remove Listings
  • Deny access permanently

At any time, for any reason, with or without notice.

13. Arbitration & Class Action Waiver

Binding Arbitration

Any dispute shall be resolved through binding arbitration, not court litigation.

Class Action Waiver

You waive the right to:

  • Participate in class actions
  • Join collective lawsuits
  • Act as a representative plaintiff

Arbitration shall be conducted individually.

14. Governing Law & Jurisdiction

  • U.S. users: Governed by the laws of the State of Delaware
  • Canadian users: Governed by the laws of the Province of Ontario

Conflict-of-law rules do not apply.

15. Severability & Survival

If any provision is unenforceable, the remaining Terms remain valid.

Liability limitations and arbitration clauses survive termination.

16. Contact

If you have any questions about these Terms, please contact us.

support@xplorebnb.com

Xclusive Properties Corporation - Owner and operator of XploreBNB

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