Welcome to GoCarousel.com!

These Terms of Use (“Terms”) govern the respective rights and obligations between Avada, LLC., a Texas Limited Liability Company d/b/a “Go Carousel” and “GoCarousel.com” (“Go Carousel”), and you, and constitute a legally binding agreement (“Agreement”) between us. This Agreement governs your use of GoCarousel.com, any affiliated websites (together, the “Site”), your use of any Go Carousel mobile, tablet, and other smart device applications, (together, the “Application”), and your use of any Services (as defined below). Together, the Site, Application, and Services shall be collectively defined as the “Platform.”

Please note that your use of the Go Carousel Platform is also governed by other agreements including without limitation the Privacy Policy, which is incorporated into these Terms, as well as any other policies referred to or linked to herein. In case of any conflict among these Terms and the Privacy Policy or other terms or policies, these Terms shall govern unless expressly stated herein. By using the Platform as a visitor or a Member (as defined herein), you agree to be bound by these Terms.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. BY CONTINUING TO ACCESS OR USE THE PLATFORM, YOU IMMEDIATELY SIGNIFY YOUR ACCEPTANCE OF THESE TERMS.

If you do not agree with these Terms, you do not have the right to access the Platform or any services provided by the Platform.

• Members are only eligible to use the Platform if they are at least eighteen (18) years of age and are able to enter into legally binding contracts. By accessing the Platform, Members represent and warrant that they are eighteen years of age or older and have the capacity to enter into legally binding contracts.

• Members agree to comply with any applicable export control laws and/or export control regulations in the Member’s local jurisdiction, and each Member represents and warrants that (i) he or she is not located in a jurisdiction that is subject to an embargo, or that has been designated as a terrorist-supporting country, by the US government, or (ii) that the Member has not been included on a list of US government prohibited or restricted parties.

• We may update these Terms from time to time and such changes will become applicable to you if you continue to use the Platform at any time after such changes are posted. You will not be permitted to access or use the Platform unless you agree with the updated Terms. We will notify you of any changes made to these Terms by changing the “Last Updated” date at the top of these Terms. After review of any changes, and if you do not agree to them, you are prohibited from using the Platform.

• Members are solely responsible for determining any laws, rules, regulations, tax implications and tax requirements or regulations that apply to you as a Member and ensuring that you understand and are in compliance with those rules regarding offering your Residence for an Exchange, accepting an Exchange and/or offering your Residence for a paid stay, including whether any licenses, permits, or other registrations are required before entering into an Exchange. Go Carousel encourages all Members to seek independent legal guidance if they have questions about compliance, whether locally or nationally.

A. TERMS DEFINED

• “Deposit” means the security deposit required by the Host Member.

• “Account” means the account that must be created with Go Carousel to allow an individual to become a Member and access the Services offered by the Platform.

• “Exchange” means a real property “vacation” exchange entered into between a Host Member and a Guest Member. Exchanges may be: (i) simultaneous with another residence exchange entered into by the same Guest Member and the Host Member, pursuant to which the Guest Member also loans his or her residence to the Host Member, (ii) a deferred (non-simultaneous) symmetrical residence exchange entered into between the two Members, or (iii) independent of any other residence exchange (unilateral Exchange) whether purchased with points or currency.

• “Carousel Points” (also referred to throughout the Platform as “Points”) means points accumulated by Members and referred to herein on said Platform as Points.

• “Username” means the username, email address and/or login method chosen by the Member when creating his or her account to allow him or her to access his or her Account.

• “Password” means the password chosen by the Member when creating his or her Account to allow him or her to access his or her Account, if not otherwise accessed by a member through an alternative login method.

• “Listing” means any Residence described on the Platform published by a Member, including any User Content used to describe such Listing. Each Listing has a unique identification number on the Platform.

• “Member” means any person who registers on the Platform and by doing so, accepts these Terms and any amendments or changes thereto.

• “Host Member” means a Member who offers his or her Residence for Exchange.

• “Guest Member” means a Member who enters into an Exchange with a Host Member.

• “Residence” means any real property (including, without limitation, residence, condo, townhouse, campers, boats, mobile homes, and/or other impermanent structures), which a Member has the legal and/or contractual right to offer for Exchange via the Platform.

• “Service” or “Services” means any service rendered by Go Carousel to a Member through the Platform, allowing Members to enter into an Exchange, and any additional Services more fully described here.

• “Verification” means the Service proposed by Go Carousel of (i) verifying Members’ identities with copies of forms of identification provided, and (ii) verifying Members’ listings with the copies of the proof of ownership of the Residence provided, if requested.

• “Agreement” means the agreement between you and us incorporating these Terms, the Privacy Policy, and any other terms or conditions as amended from time to time in the manner set forth herein.

• “We”, “us”, and “our,” means Go Carousel.

• “I”, “you”, “your”, “yourself” means any Member or visitor who uses the Platform in any manner, either through accessing the Websites, Application or Services.

B. GENERAL USE OF THE PLATFORM

  The Platform may contain areas in which you or other Members may post or submit information, including text, photographs, images, or other information (“User Content”). Please review these terms carefully. We reserve the right to remove or refuse any User Content that does not comply with the rules set forth herein.

When using the Platform, you hereby agree that you shall:

• Only post User Content to the Platform if you have all permissions and rights needed to make that content available, including from any individuals who appear or are mentioned in your User Content.

• Not provide false or misleading information to any Guest, Member or Go Carousel.

• Not post on the Platform, or transmit to other Guests, Members, Go Carousel or our employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material or communication, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).

• Not use the Platform to violate any applicable law.

• Not post or send any content or engage in any conduct that subjects any Guest, Member, or Go Carousel to any threat of civil or criminal penalties.

• Not upload or transmit any files that contain viruses, corrupted files, Trojan horses, malicious code, or any other similar software or programs that may harm the operation of another's computer and/or gain otherwise unauthorized access to the computer.

• Not advertise to or solicit other Members or Guests to buy or sell any products or services. Any attempt to collect or use email addresses from Members and email individual Members or groups of Members other than for the purpose of arranging an Exchange between Members is in violation of these Terms of Use.

• Not accept payment from a third party in exchange for performing any commercial activity on the Platform in violation of these Terms without Go Carousel’s express permission.

• Not impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.

You further agree that:

• You assume any and all liability for your use of any information or Services appearing on or through the Platform.

• You have the authority to enter into this Agreement, to post your Listing and to offer it for Exchange.

• You are solely responsible for your communications and relationship with other Members.

• Go Carousel has the right but not the obligation to monitor use or access to the Platform in order to ensure the security of Members generally and/or the Platform, or to ensure compliance with these Terms and/or compliance with any applicable laws, rules, regulations, or order from any legal authority. Members agree to cooperate with and assist Go Carousel in good faith, and provide any related information and take any other actions reasonably requested by Go Carousel regarding any investigation by Go Carousel or any legal authority regarding the misuse of the Platform.

• If you believe in good faith that a Member is violating these Terms or has otherwise acted inappropriately or illegally, you should immediately report such Member to Go Carousel and, as may be the case, to the relevant legal authorities. Any report made to Go Carousel and/or legal authorities however shall not obligate Go Carousel to respond in any particular way, except as may be required by law.

Any web address or URL links must be approved by Go Carousel. Email addresses and other contact information must reside only in the authorized locations within the Listing. All other references to specific web addresses, websites, email addresses or phone numbers may be removed without notice. Note that any translations provided by Go Carousel cannot be guaranteed as accurate and Members are responsible for reviewing any translations provided regarding their Listings.

C. ELIGIBILITY TO USE THE PLATFORM

Creating an Account

In order to register with the Platform, you must first create an Account by providing the personal information requested (including without limitation first and last name, date of birth, telephone number, email address, mailing address and physical address of your potential Listing). Registration may occur through a third-party social networking service, provided the additional information referenced herein above is provided to Go Carousel. All members shall be required to provide a copy of a Government Issued ID (i.e. Driver’s License) to verify identity. Members must keep their Account information up-to-date at all times. Go Carousel shall under no circumstances be held responsible for information communicated by Members that may be erroneous or fraudulent. Upon registration, you must: (i) be eighteen (18) years of age at the time you register your account; (ii) have the legal or contractual right to offer the Residence via the Platform and continue to have that right during your use of the Platform; and (iii) have the authority to enter into an Exchange. In addition, a Member Account is for that Member’s sole and personal use. You may not authorize others to use your Account and, except as otherwise expressly provided for herein, you may not assign or otherwise transfer your account to any other person or entity.

Go Carousel reserves the right to refuse (without justification and without recourse or compensation) the registration of any Member Account for any reason, at any time, in its sole and absolute discretion.

Go Carousel shall not liable for any identity theft of any Member resulting from the use of this Platform or from Services provided by us. If a Member has reason to believe that a third party is fraudulently using the Member’s identity or is otherwise using the Member’s account in an unauthorized manner, the Member must immediately inform Go Carousel. In the event of loss or theft of a Member’s Username, Password and/or personal information, the Member must immediately change his or her Username and/or Password and the Member shall be solely responsible for any losses relating to such loss or theft.

You agree to only create and/or use one Account. Any exception to this rule must be granted with Go Carousel’s prior written approval. Any Accounts created in violation of the foregoing shall be subject to immediate suspension and/or termination of their Account(s).

Note that Members’ use of the Services provided on the Platform shall not be construed as any employee, agent, joint venture, contractor or partner of Go Carousel for any reason, and that all Members are acting exclusively on their own behalf and benefit and not those of Go Carousel. Go Carousel does not in any manner control or direct any Member and each Member acknowledges and agrees that they have complete discretion on whether to post a Listing and/or enter into an Exchange.

Listings

Listings must be maintained in an accurate state by Host Members, including but not limited to the following information:

• All User Content included in the Listing;

• Description, location, and availability dates;

• Nightly rates for an Exchange;

• Deficiencies, restrictions (including any rules applicable to Guest Members);

• Contact information for the Host Member (including phone number and email address); and

• Any other information requested by Go Carousel.

A Residence can only appear on the Account of a single Member, even if several people hold the title to such Residence.

Any particular terms or conditions listed in a Member’s Listing cannot conflict with these Terms.

Go Carousel reserves the right to request that certain minimum information be included in any Listing and that Listing information be presented in a particular format.

The placement of Listings in Go Carousel search results and/or this Platform may vary and depend on a variety of factors relating to the Listing details and the Guest Member’s particular search. Go Carousel makes no guarantees regarding the particular placement of a Member’s Listing in search results.

All Members represent and warrant that the posting of a Member’s Listing and any acceptance of an Exchange for a Host Member’s Residence will not breach any agreements such Member has entered into with any condominium association, homeowners’ association, cooperative agreements, or other such agreements, and complies with all laws, including zoning laws, tax requirements, short term rental requirements or license or permit requirements, or any other laws, rules or regulations applicable to the Residence or Listing. All Host Members are responsible for their own acts or omissions and/or those of any persons present at the Residence, besides the Guest Member and his or her invitees, as applicable.

Closing an Account

Accounts Closed by Go Carousel

Should a Member act in violation of these Terms or any other rules or regulations issued by Go Carousel, or exhibit any conduct contrary to our rules of good conduct, values or ethics, or break any law, rule, regulation, or any other legal order issued by or of a governing jurisdiction, Go Carousel reserves the right, without justification and without compensation, to:

• Limit Members' access to the Platform;

• Remove Members’ Listing;

• Remove any User Content hosted on the Platform;

• Close an Account; and/or

• Forfeit any accumulated Points.

The below listed behaviors are strictly prohibited and may result in Account closure, which includes, but is not limited to the following:

• Providing false or misleading information upon Account registration;

• Providing false or misleading User Content;

• Creating multiple Accounts for the same Residence;

• Creating incorrect or false Listing information for your Residence;

• Creating fake Accounts;

• Infringing the rights (including intellectual property rights) of third parties;

• Posting on the Platform or otherwise distributing to other Members, or Go Carousel, any defamatory, violent, abusive, harassing, obscene, threatening, sexist, pornographic, racist, homophobic, discriminatory, otherwise illegal, or, more generally, controversial material or content;

• Acting in a discriminatory manner toward any other Member or other third party;

• Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;

• Sending unsolicited commercial e-mails or other communications (spamming);

• Diverting Members away from the Platform and/or following Members on social networks for commercial purposes;

• Uploading or transmitting any files that contain viruses, corrupted files, Trojan horses, malicious code, spyware, or any other software or programs that may harm the Platform or other Members’ or third parties’ computers, property, or other rights;

• Posting or distributing, in any form whatsoever, information or content that has the effect of diminishing, disorganizing or preventing provision of the Services or interfering with the proper functioning of the Platform;

• Interfering with another Member’s Account;

• Using robots, spiders, scrapers or other means used to access the Platform and collect the Platform’ content for any purpose whatsoever;

• Collecting or otherwise obtaining or using any information about others, including e-mail addresses, without consent;

• Circumventing measures intended to prevent or restrict access to the Platform;

• Including hyperlinks in a listing;

• Offering any property, including a Residence for rent, other than as provided for herein;

• Soliciting property, including Residences, for rent;

• Exchanging a Residence outside the Platform when that Residence is listed on the Platform;

• Collecting or providing information on Members’ vacation periods for a purpose other than specifically provided for herein;

• Misappropriating any Residence offered for Exchange by Members;

• Fraudulently acquiring Points by organizing fake Exchanges, etc.; or

• Advertising to other Members or otherwise soliciting other Members to buy or sell any other products or services unrelated to the Exchange.

This list is not exhaustive and Go Carousel reserves the right to remove, without warning or other notification, any User Content that is not compatible with the rules in force on the Platform that would undermine the security of the platform or other Members and/or is not in compliance with other laws, rules or regulations. Go Carousel may close the Member's Account without warning or formal notice. By closing an Account for breach of these Terms, Go Carousel does not waive its right to any damages it may otherwise claim related to such breach.

Go Carousel reserves the right to sign out, terminate, delete, or purge your Account, any related Listings and any related information from the Platform and our servers if you have not signed in to the Platform for a particular period of time, as determined by us, in our sole discretion. The Member will be informed by email of the closure of their Account.

Closing an Account at a Member’s Request

Members of the Platform may, at any time and for any reason, terminate their registration on the Platform by requesting the closure of their Account with Go Carousel by emailing Go Carousel at contact@GoCarousel.com and requesting the account closure. This request shall become effective immediately, and all future Exchanges shall be cancelled, provided however, if an Exchange has been booked within 30 days of the date of the date of the requested termination, the Account will not be closed until after the Exchange and any related transactions are completed. The Host Member shall fulfill the booking obligation within the 30 day window or the Host Member shall incur a cancellation fee of $250 per booking due and owing to Go Carousel. In addition, any deposits and/or other Points and payments made by the Guest Member(s) shall be immediately forfeited by the Host Member.

Upon closure of a Member Account for any reason, all accumulated Points of the Member will be cancelled and forfeited. Upon closure of a Member Account and/or any other termination of these Terms, the clauses of these Terms that reasonably should survive termination shall remain in effect.

D. SERVICES

Exchange Management & Waiver of Liability>

Go Carousel provides its Members with a vacation Residence Exchange service via its Platform, allowing the Host Member to publish a listing to propose an Exchange of their Residence, and allowing the Guest Member to review the Listing and book the Residence proposed for Exchange by a Host Member. Go Carousel is merely a platform-provider. When Members enter into an Exchange, they are entering into a contract directly with each other. Go Carousel does not become a party to any Exchange, nor is Go Carousel a real estate broker or insurer. Go Carousel does not act as an agent in any capacity for any Member during an Exchange, unless otherwise explicitly set forth herein.

Each Exchange is a limited license by a Host Member to a Guest Member to enter, occupy, and use the Residence for the provided period. To the extent permitted by applicable law, Host Members reserve the right to re-enter the Residence subject to the terms of the particular Exchange. Should a Guest Member fail to vacate the Residence at the end of the defined Exchange period, Host Members may take all permitted legal action to force the Guest Member to vacate. Guest Members agree to pay, for each additional 24-hour period in which the Guest Member has failed to vacate the Residence, any damages claimed by the Host Member relating to the Guest Member’s failure to vacate. Guest Members authorize Go Carousel to pay such damages out of Guest Members’ Account and/or Security Deposit.

Members wishing to execute an Exchange via the Platform do so on their own initiative and under their own risk and responsibility.

Members agree not to enter into any exchange of a Residence listed on the Platform outside the Platform. A violation of this provision will result in immediate Account closure. Member information (name, telephone number, address) must only be communicated to another Member during execution of the Exchange via the Platform.

Go Carousel in no way guarantees the legality of any Exchange entered into between Members, nor its proper performance by any Member. Further, Go Carousel makes no guarantees regarding the availability of the Residence, the conditions of the Residence, the accuracy of the listing on the Platform or any other conditions imposed by one Member on another regarding an Exchange.

Members alone assume the risks associated with providing a Residence or occupying a Residence in furtherance of an Exchange, in particular, the risk of damage to the property or theft of certain items within said Residence. Host Members are free to select the Guest Member who will use his or her Residence. Preliminary correspondences between Host Members and Guest Members should be used to discuss (and avoid) any issues that may arise from an Exchange.

Note that Guest Members are solely responsible for the acts or omissions of each and every invitee (whether disclosed to the Host Member or not) present at the Residence. Such invitees must comply with any requirements or rules set forth by the Host Member and must be made aware of and comply with these Terms. Guests represent and warrant that they are legally permitted to act on behalf of any minor included in the Exchange. No minors may participate in any Exchange unless accompanied by an adult who is legally responsible for them.

Messaging Service

Go Carousel may provide Members with a free messaging Service for the purposes of facilitating an Exchange or to share experiences regarding past Exchanges; however, use of the messaging Service alone does not permit Members to enter into an Exchange. Members are solely responsible for any information communicated via the Go Carousel messaging service. Any information communicated between Members on the messaging service shall in no way bind Go Carousel, nor does Go Carousel in any way guarantee the information’s accuracy or completeness.

Ratings and Reviews

Following an Exchange, the Host Member and Guest Member may leave reviews of the Residence and Guest Member and submit a related star rating, which will then be available on the Member’s Account profile and/or in relation to a Member’s Listing. Such reviews or ratings only reflect the views of the individual Members and Go Carousel does not review the reviews or ratings nor guarantee their accuracy. Each Member providing a review or rating agrees to only provide information that is accurate and not defamatory or contain offensive language. Reviews and/or ratings may not be made for purposes of extortion only. Members may not instruct other Members to leave fake reviews or ratings. Go Carousel reserves the right to remove any review that violates these Terms or otherwise is found to be defamatory, inaccurate or offensive.

Verification

Go Carousel will request verification of each Member’s name and address when the Member creates an Account. All Members must provide proof of address and a form of identification in order to verify the Member’s address and identity. Go Carousel reserves the right to accept or reject supporting documentation for verification at its sole discretion. Verification will be required before any Member can enter into an Exchange.

Members may have the option to also have their phone number, social media accounts and email address verified. Such verification will be performed via an automated service. Any particular email address or phone number that has been verified shall be designated as such on the relevant Member’s profile.

Just because a Member, or a Member’s email address and phone number, have been verified does not guarantee the accuracy of any content provided by that Member, nor guarantee the accuracy of any Listing. Go Carousel provides no endorsements or assurances regarding verified Members or their Listings.

Once Verification has been performed for a Member, a Member can enter into Exchanges.

Deposit Management

Go Carousel offers a Deposit management service between the Host Member and the Guest Member, allowing the Host Member to protect him or herself, totally or partially, against the risk of theft, loss or damage to his or her Residence pursuant to the provisions described below.

The Deposit amount is subject to pre-authorization on the Guest Member's credit card at the time the Guest Member enters into the Exchange. In addition, Go Carousel reserves the right to retain all deposits and payments until fourteen (14) business days after the Exchange has been completed (i.e. checkout) to ensure compliance with these Terms and deposit requirements.

In case of damage, loss or theft, the Host Member must make a claim, within seven (7) days following the last day of the Guest Member's stay with the Host Member, by email to the address contact@GoCarousel.com, including a description of the nature and estimate of the related damage, loss or theft and attach any relevant documentary evidence. Go Carousel shall notify the Guest Member of the Host Member’s claim by e-mail.

If the Host Member does not have all documentary evidence required within the seven days (for example, if waiting for a repair estimate), the Host Member must request an extension from Go Carousel, which shall in no case exceed thirty (30) days from the last day of the Guest Member's stay. Any notice of damage, theft, or loss, or the submission of any supporting evidence thereof, provided outside of such a thirty day timeframe will be refused.
Guest Members must respond to a notice of a claim or proof of damage within seven (7) days of receipt of such notice.

In the event of a valid claim made by a Host Member, any failure to respond by the Guest Member within the above-mentioned seven-day period shall constitute an irrevocable waiver to contest the retention of the claimed amount from the Deposit, which will be paid to the Host Member out of the Guest Member’s preauthorized Deposit.

In the event of a request to retain the Deposit, or if applicable, for proof of the damage, within the applicable time limit, if the Guest Member agrees to the damage estimate and the exercise of the Deposit, the amount of the Deposit agreed between the two parties for the Exchange shall be paid to the Host Member, at the latest, within twenty (20) business days from confirmation of the agreement of both parties.

If a Guest Member’s debit or credit card on file is refused on the date of payment, the Guest Member shall remain liable for the amount of the Deposit and shall be required to pay it to the Host Member within five (5) calendar days by the following alternative methods: bank transfer, PayPal account or any other valid credit or debit card.

If the Host Member and the Guest Member cannot agree on the amount of the Deposit to be paid to the Host Member, Go Carousel will deduct the amount from the Guest Member’s credit card and hold such amount in escrow until joint instructions are issued by both the Host Member and the Guest Member confirming their mutual agreement on the distribution of the sequestered amount between them.

Failing agreement within one year following the date on which the Deposit was taken, and failing proof by the Host Member that legal action has been taken to obtain payment of the amount of the Deposit, Go Carousel shall return the sum sequestered to the Guest Member. Go Carousel will release the Deposit in accordance with the terms of a final and binding court and/or arbitration decision.

While Go Carousel may intervene to facilitate dispute resolution between Members, it makes no guarantees as to any Listings, or the performance of any Member or other third parties.

All Members agree to cooperate with and make good faith efforts to assist Go Carousel and the other Members to resolve any disputes that may arise relating to an Exchange, and take any further actions that may be required in order to resolve such a dispute.

Cancellations

For purposes of this section, “booking fees” is defined as any and all points, currency, deposits and/or other fees spent or otherwise incurred and/or transferred by the Guest Member at the time of booking the Exchange.

Cancellation by Guest Member

There are two cancellation policy options Host Members may choose, as they deem appropriate for their individual Listing, which are as follows:

Cancellation Policy A: A Guest Member must cancel at least 7 days prior to check-in for a full refund of the booking fees. If a Guest Member cancels within 7 days of the check-in date, the first night of the booking will not be refunded and only 50% of the booking fees for the rest of the booking will be refunded. If the Guest Member cancels after check-in, 50% of the booking fees for any unspent nights are refundable. However, any nights spent will not be refunded.

Cancellation Policy B: A 50% refund is given if the Guest Member cancels the booking Exchange at least 30 days before check-in. If the Guest Member cancels when there are less than 30 days left until check-in, or after check-in, the booking fees will not be returned and are forfeited.

Each Host Member has the option to select their individual cancellation policy at the time they set up their listing on the Platform within the parameters set by Go Carousel herein above.

For purpose of this section “Booking Fees” only includes the reservation payment (points or funds) used to secure the nightly stay and does not include the deposit, insurance, damage waivers, etc. unless waived by the Host Member.

Cancellation by Host Member

If a Host Member cancels a reservation, the Guest Member shall be refunded all Points and/or funds used to reserve the Exchange by Go Carousel. The Host Member will be responsible for refunding to the Guest Member all additional funds expended as part of the reservation booking, including the deposit and any insurance payments, if applicable. In addition, if the cancellation occurs within 7 days of the reservation, the Host Member will be charged a $250 fee by Go Carousel and Go Carousel has the unilateral objection to cancel a Host Member’s account after one cancelation.

Member Protection upon Go Carousel Cancellation

Go Carousel may be required, from time to time, to cancel an Exchange in an emergency or other circumstance which, at Go Carousel’s sole and reasonable discretion, are necessary in order to prevent harm to Go Carousel, any Members, or any third party, or for any other reason set forth in these Terms. In this case, Go Carousel may, at its sole discretion and dependent on the particular circumstances of the reason for cancellation: (i) return Points to the Guest Member; (ii) allow the Host Member to keep any Points attributable to the Exchange; (iii) offer a replacement Residence to the Guest Member; and/or (iv) make any other reimbursements or payouts it, in its sole discretion, deems necessary.

Go Carousel Points

Points allow a Guest Member to stay at a Host Member’s vacation Residence, during the dates of his or her choice, subject to Residence availability and the Host Member’s acceptance.

The number of Points earned per Exchange varies according to the price per night the Host Member sets for their individual Listing for a particular time frame. Points are only received and accumulated based upon the rate set per night by the Host Member and does not include funds spent on any other transaction, including but not limited to deposits, travel insurance, cleaning fees, etc. For example, and for illustrative purposes only, if a Host Member rents their property for $200 a night, then the associated Points required to book a stay at the Host Member’s Residence is 200 Points per night. Cleaning fees, insurance and other charges are not payable via Points and points do not accumulate for such fees.

If a Guest Member does not have sufficient Points to enter into an Exchange for a particular Residence, the Guest Member may purchase the number of missing Points at the time of reservation via the Platform. The price to purchase additional Points for the purpose of entering into an Exchange is one U.S. dollar (USD $1.00) per Coin for each Coin necessary to effectuate the Exchange.

The cash value for each Coin is $.001. Points cannot be purchased for any other reason. Points are non-transferable, non-redeemable for cash or other property, and have no inherent monetary value. Points are non-transferable and non-divisible, unless expressly provided for in this agreement, and may not be combined with other Member’s accounts. Additionally, Points cannot be transferred by operation of law, such as by inheritance, in bankruptcy or in connection with a divorce. In addition, any unused Points expire eighteen (18) months after the date the most recent Points have been accumulated.

The credit, debit, and other management of Points is automatized and does not imply any intervention by Go Carousel.

Rates and Terms of Payment

Unless otherwise noted, all prices and fees will be listed in United States Dollars. Members shall be solely responsible for the payment of all applicable taxes resulting from the Member’s use of the Platform, including local, State and Federal taxes. In addition, the Member is solely responsible and liable for identifying and collecting the applicable taxes for his or her jurisdiction at the time of booking. Go Carousel is not liable or responsible for the identification, collection and/or payment of taxes associated with or incurred by a Member for their use of Services through Go Carousel.

Go Carousel shall in no way be liable for any Member’s bank, wire or credit card fees or charges relating to the Member’s payment for the Services via the Platform.

Payment for Points, Deposits, Insurance and All Other Transactions

All payments shall be made by credit or debit card or PayPal (subject to any additional PayPal’s terms and conditions imposed by PayPal). Go Carousel may, at its sole discretion, accept or refuse payment by check or wire transfer. All payments are non-refundable, except where a Member requests cancellation of an Account, if applicable and at Go Carousel’s sole discretion.

Insurance

Host Members are solely responsible for obtaining and maintaining valid homeowners’, renters’, auto, or other insurance as may be required by relevant law, relating to the Exchange and any amenities relating thereto. Such insurance must remain valid and in force throughout the duration of the Exchange. Any lapse in such insurance may result in the immediate cancellation of a Host Member’s Account. In addition, Go Carousel may request that a Host Member promptly provide proof of such insurance and any other information relating to such demand. Failure to respond or provide accurate information may result in cancellation of a Member’s Account. When a Host Member creates their Listing on the Platform for an Exchange, the Host Member is hereby confirming that his or her Residence listed on the Exchange is adequately and lawfully insured.

It is the responsibility of Members to review and understand their own insurance coverage and the coverage provided by any other Member with whom a Member enters into an Exchange, including auto, property, and liability. You shall remain solely liable in the event that your participation in an Exchange violates an agreement or policy with your insurance provider. Go Carousel is not responsible for any damage, loss of business, liability or theft occurring in the course of a Go Carousel Exchange.

E. ADDITIONAL TERMS & CONDITIONS, RIGHTS, WARNINGS & INDEMNIFICATIONS

Please note that no payment made by Go Carousel pursuant to any Go Carousel Service, whether to a Host Member or a Guest Member, shall release, reduce and/or waive any liability of a Member for any damage, injury, or other loss caused by that Member or any other Member invitee, or for which a Member is otherwise responsible.

1. PLATFORM AND CONTENT FOR LIMITED PURPOSES ONLY; PROHIBITION AGAINST SPAM

Communications sent between you and other Members that are not readily accessible to the general public may be reviewed by us for compliance with these terms, but will be treated by us as private to the extent required by applicable law. We shall have the right to remove any such content that, in our sole discretion, violates, or is alleged to violate, the law or these terms. Notwithstanding this right, you remain solely responsible for the content of the material you post and communications you exchange.

Go Carousel does not participate in or tolerate the sending of unsolicited commercial email (“SPAM”). Go Carousel reserves the right to cancel (without refund) any Member that mentions Go Carousel or any of its Websites, URLs, or any associated Go Carousel email address in any SPAM message. Go Carousel reserves the right to cancel (without refund) any Member that uses Go Carousel to send any solicitations other than personal Exchange requests or replies. Any violation of this paragraph shall subject the violator to severe penalties and you shall indemnify and hold Go Carousel harmless from and against any and all costs and damages incurred by Go Carousel as a result of such violation.

2. INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT

User Content is owned by you or whoever created it. By submitting or posting any User Content on the Platform, you grant us a non-exclusive, transferable, sublicensable, royalty-free, irrevocable, worldwide license to use, copy, perform, reproduce, promote, publish, display and distribute any User Content and all copyright, in and to, each and every photograph, video, image, and all information related to your Listing or other User Content. You grant these rights to us free of charge and without any commitment of an attribution as to authorship, ownership or other similar reference. You represent and warrant that you have the right to grant the rights and license in this paragraph. Please do not post any User Content unless you have permission from the person who took the picture and anyone who is depicted in the picture. We will be entitled to use your User Content without incurring obligations of confidentiality, attribution, or compensation to you.

You are responsible for determining whether User Content or information is protected by copyright, trademark, trade secret, right of publicity or other proprietary right. Except for that information which is in the public domain or for which you have been given express written permission you agree not to upload, post, or otherwise transmit any User Content or information protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission, and agree to indemnify, defend (at its request) and hold harmless Go Carousel from any claims or losses incurred by it due to your breach of any provision of this section. We take no responsibility for, we do not expressly or implicitly endorse, and we expressly disclaim any liability for the conduct of any Guests or Members or for any views, opinions or statements expressed in any User Content on the Platform. You use the Platform and view the User Content strictly at your own risk.

We reserve the right to revoke your use or access to the Platform at any time, in our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to the interests of Go Carousel or its subsidiaries and affiliates.

Furthermore, we respect the intellectual property rights of others and require that you do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to Go Carousel’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

• A physical signature of the person authorized to act on behalf of the owner of the copyright;

• A description of the copyrighted work that you claim has been infringed;

• A description of where the material that you claim is infringing is located on the Platform;

• Your address, telephone number, and email address;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent:

GoCarousel.com

c/o Copyright Agent

3740 Greenbriar, #542263

Houston, TX 77254

Email: contact@GoCarousel.com

3. PLATFORM CONTENT

Except for any User Content, all of the content on the Platform – including materials, text, images, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and other content (“Platform Content”) – is owned by Go Carousel or others from whom we license the Platform Content, and is protected under the United States’ and other countries’ copyright laws.

All trademarks, logos, service marks and trade names are owned, registered, and/or licensed by Go Carousel or its parent or affiliate companies.

You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.

You agree not to copy, edit, translate, display, distribute, download, transmit, sell, redistribute, publish, or create derivative works from any content appearing on the Platform, including Platform and User Content, without our prior written consent, unless it is your own User Content that you legally post on the Platform.

4. APPLICATION

Subject to your compliance with these Terms, Go Carousel grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your mobile phone, tablet, or other personal devices; and (ii) access and view any Platform Content made available on or through the Platform and accessible to you, solely for your personal and non-commercial use.

5. PRIVACY

For additional information about our privacy practices, please read our Privacy Policy.

6. LINKS TO OTHER WEBSITES

The Platform may contain links to other sites maintained by third parties, or integrate services provided by third parties (“Third-Party Services”). These Third-Party Services are provided only as a convenience to you. Go Carousel, its subsidiaries and affiliated companies have no control over, and are not responsible for any content, products or services offered by Third-Party Services or found on related websites, or their terms of use or privacy policies. Members are solely responsible for compliance with such Third-Party Services’ terms of use and/or privacy policies. Links to third party sites do not constitute an assumption of liability or sponsorship, endorsement or approval of these sites or the content contained in these sites.

7. WARRANTY DISCLAIMER

Use of the Platform and any information obtained from the Platform is at your sole risk. Go Carousel makes no guarantees or warranties, either express or implied, regarding any Exchange and/or the properties, personal and/or real, included in any Listing or Exchange available through the Platform. Go Carousel makes no warranty of any kind, express or implied, as to the Listings, other Members, or any other information contained on the Platform, including, but not limited to, accuracy and non-infringement. Go Carousel has the right, but not the obligation, to pre-screen, monitor or remove any User Content. Go Carousel uses various tools and procedures designed to screen Members; however, Go Carousel does not perform background checks, require references or its prospects, or accept any obligation to independently verify the information posted by its Members on their Listings. Go Carousel makes no representations or warranties as to the conduct of Members or Guests, or the adequacy of a Member's property published on a Listing, including as to whether a relationship between Members complies with federal, state, or local laws, third party agreements, or other rules and regulations.

You assume all responsibility and risk for your use of and reliance on the Platform and any information obtained from or through the Platform. Your use of the Platform is voluntary and at your own risk. Some Services may carry inherent risk, and by participating in such Services, you choose to assume those risks voluntarily. The Platform and any feature on the Platform is provided on an “as is,” “as available” basis. Go Carousel and its subsidiaries and affiliates and their respective officers, directors, employees, agents, and licensees (the “Go Carousel Parties”) make no representations or warranties of any kind, express or implied, as to the accuracy of any information included on the Platform, the operation of the Platform or the information, content, features, materials, or products included therein.

To the fullest extent permitted by applicable law, Go Carousel and the Go Carousel Parties disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement of intellectual property rights or other proprietary rights, and freedom from errors, viruses, bugs, or other harmful components.

Go Carousel cannot guarantee the continuous and uninterrupted availability or accessibility of the Platform. Go Carousel has the right to restrict or limit the Platform as may be needed to protect its servers, or otherwise carry out maintenance measures.

Opinions, advice, statements, offers, or other information or content made available through the Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon.

We do not guarantee the accuracy, completeness, or usefulness of any information on the Platform and we neither adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by any party other than us. Under no circumstances are we responsible for any loss or damage resulting from any person's reliance on information or other content posted on the Platform or transmitted to Members.

8. WAIVER OF LIABILITY

The Go Carousel Parties shall not be liable for any damages of any kind arising from the use of the Platform or services or Exchanges made available on the Platfom or the accuracy of any information included thereon, including but not limited to direct, indirect, general, special, compensatory, incidental, punitive, or consequential damages or damages resulting from loss of use, data, profits, goodwill, or business interruption or for any damages for personal or bodily injury, or emotional distress, arising out of or in any way connected with these Terms, the use (or inability thereof) of the Platform, your communication or meeting with other Members, or from your publishing a Listing or entering into an Exchange, whether based on warranty, contract, tort, negligence, strict liability or otherwise, even if Go Carousel has been advised of the possibility of such damages and even if the limited remedy set forth herein is found to have failed its essential purpose.

Except as may otherwise be expressly provided for herein, in no event will Go Carousel’s aggregate liability arising out of these Terms and Members’ use of the Platform exceed the amounts a Member has paid Go Carousel, or one hundred U.S. dollars (US$100) if no payments have been made.

The limitations of damages set forth above are fundamental elements of the basis of the bargain between Go Carousel and each Member.

Some jurisdictions do not allow the disclaimer, exclusion or limitation of certain warranties, liabilities and damages, so some of the above disclaimers, exclusions and limitations may not apply to you. In such jurisdictions, the liability of the Go Carousel parties will be limited to the fullest extent permitted by applicable law.

9. INDEMNIFICATION

You agree to indemnify and hold harmless Go Carousel from any injury or damage suffered directly or indirectly as a result of the use of your Residence or use by the Guest Member of your Residence and/or your use of the Host Member’s Residence including but not limited to: (i) any claims for injury or damage to person or property arising from a property you own; (ii) any claims for injury or damage to person or property arising from a property transaction to which you are a party (including claims by Guest invitees, and including minor invitees); (iii) a violation of these Terms of Use or Privacy Policy by you or anyone using your computer (or Account, where applicable); (iv) a claim that any use of the Platform by you or someone using your computer (or Account, where applicable) infringes any right of any third party; (v) any misrepresentation by you or misuse of the Platform; (vii) any claims arising out of any interaction you have with another Member or such Member’s invitees, whether within or without the scope of the Platform, including without limitation any breach of any Exchange or any other agreement to be performed by you; or (viii) your breach of any laws, rules or regulations of any applicable jurisdiction. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

10. THIRD PARTY DISPUTES AND RELEASE

You shall remain solely responsible for any claims, demands, or damages arising out of the breach or violation of third-party agreements or obligations to which you or your Residence are subject, including but not limited to licenses, lease agreements, insurance policies, home owners’ association regulations, condominium or co-op board bylaws, and state and local law. You release Go Carousel from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of in any way connected any third-party agreement or obligations to which you or your property are subject.

11. BINDING ARBITRATION AGREEMENT

If you have a problem or dispute with Go Carousel, you hereby agree that you will first give Go Carousel an opportunity to resolve your problem or dispute directly. For avoidance of doubt, this Section applies to problems or disputes between you and Go Carousel arising from these Terms and/or our Privacy Policy, and not any dispute between you and other Members or Guests. You may send a written description of your problem or dispute to: contact@GoCarousel.com. If for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Go Carousel’s receipt of your written description of it, you agree to the arbitration provisions below. We will make every reasonable effort to informally resolve any claims, complaints, disputes, or disagreements that you may have with us.

To the extent permitted by applicable law, by agreeing to these Terms and by using the Platform, you agree that any dispute between you and Go Carousel, which arises out of or is related to these Terms or our Privacy Policy and is not resolved satisfactorily within sixty (60) days, shall be resolved by binding arbitration (“Arbitration”) conducted by an impartial person chosen from a list supplied by the American Arbitration Association, to hear this matter in Harris County, Texas, using the American Arbitration rules of Commercial Arbitration (the “Applicable Rules”). The Applicable Rules can be found at www.adr.org/commercial.

YOU AND GO CAROUSEL AGREE THAT ALL CLAIMS SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY.

The Arbitration shall be conducted in English. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms (or our Privacy Policy, if necessary) and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator's decision must include a written explanation and will remain confidential.

If any provision of this agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this Section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). Furthermore, this section shall not prevent any party from seeking provisional remedies in aid of Arbitration from a court of appropriate jurisdiction.

This section shall survive any termination of the Platform. In the event that the arbitration provisions above are found not to apply to you or to a particular claim or controversy, either as a result of your decision or as a result of a decision by the arbitrator or a court order, you agree that any claim must be resolved exclusively by a state or federal court located in Harris County, Houston, Texas. You and Go Carousel agree to submit to the personal jurisdiction of the courts located within Harris County, Houston, Texas for the purpose of litigating all such claims or controversies.

The Platform and its contents are intended to comply with the laws and regulations of the United States. Go Carousel reserves the right to limit the provision of its services to any person, geographic region, or jurisdiction and/or to limit the quantities of any services we provide. Any offer for any Service made on the Platform is void where prohibited.

Go Carousel and each Member acknowledges and agrees that they are waiving the right to a trial by jury as to all disputes and hereby agree to binding arbitration.

Go Carousel and each Member acknowledges and agrees that each waives 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, no arbitrator assigned may preside over any class or representative proceeding.
These Terms and our Privacy Policy shall be governed by and construed in accordance with the laws of the State of Texas, U.S., without respect to its choice of law principles.

If a dispute arises between any Member or Guest regarding the Platform, any legal action will be brought exclusively in Harris County, Texas, United States of America.

12. SEVERABILITY

If any part of these Terms is found illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity, or enforceability of the remainder of these Terms will remain in full force and effect.

13. NO WAIVER

No failure or delay by Go Carousel in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.

14. HEADINGS

The headings in these Terms are for convenience only and have no legal or contractual effect.

15. ASSIGNMENT

Go Carousel may assign its rights to this Agreement without your prior consent and without prior notice to you. You may not assign these Terms without the prior written consent of Go Carousel.

16. MODIFICATION

Go Carousel reserves the right to amend, remove, or add to these Terms at any time with or without notice; however, the date on which these Terms have been last updated shall be reflected at the top of this document. Any modification shall be effective immediately. Please review these Terms of Use whenever accessing or using this site.

17. ENTIRE AGREEMENT

These Terms (including the Privacy Policy) constitute the entire agreement between Go Carousel and you with respect to the subject matter hereof and thereof. These Terms (including the Privacy Policy) supersede all prior or simultaneous representations, discussions, negotiations, letters, proposals, agreements, exchanges, and understandings between you and Go Carousel with respect to the subject matter hereof and thereof, whether written or oral.

18. CONTACT US

If you have any questions or concerns about these Terms, please contact us by email at contact@GoCarousel.com or write us at:

Go Carousel

3740 Greenbriar, #542263

Houston, TX 77254