Platform Terms & Conditions

Last updated 13/01/2025

1. Raising Problems on Absolutely. 1.1 Problems. When you raise a problem on Absolutely, we share the information with your Property Manager to analyse what needs to be done with the problem. This then may be shared with a third party Home Service professional. It is your responsibility to read and understand these terms of the contract including these Terms and all terms of problem raising including all rules, standards, policies, and requirements prior to raising a problem. 2. Your Responsibilities and Assumption of Risk. 2.1 Your Responsibilities. To the maximum extent permitted by law, you are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any raising of problems, all areas and facilities where the problem is located that the Property Manager, Home Service Professional and Guest are legally entitled to use in connection with the Accommodation (“Common Areas”), or any Experience. For example, this means: (i) you are responsible for paying all reasonable Damage Claim amounts that is down to your behaviour in the property, and (ii) you must act with integrity, treat others with respect and comply with applicable laws at all times. If you are raising a problem for an additional guest who is a minor or if you bring a minor to a Property Manager and/or Home Service Professional Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor. 2.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the risk arising out of your access to and use of the Absolutely Platform and any Content (as defined in Section 8), including your stay at any Accommodation, participation in any Experience, use of any other Host Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it is suitable for you. For example, Host 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 Host Services. 2.3 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to the raising of your problem. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. If you have questions about how local laws apply you should always seek legal advice. 2.4 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Property Manager any information. You must describe any and all fees and charges that you may have paid out in raising your problem and may not incur any fees, without the express permission of the Property Manager. 2.5 Your Assumption of Risk. You acknowledge that raising a problem carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Absolutely Platform, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Absolutely Platform and any laws, rules, regulations, or obligations that may be applicable to the raising of your problem and that you are not relying upon any statement of law made by Absolutely. General Terms 3. Reviews. After Problems are finalised, Guests, Property Managers and Home Service Professionals will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates these Terms. Reviews are not verified by Absolutely for accuracy and may be incorrect or misleading. 4. Content. Parts of the Absolutely Platform enable you to provide feedback, text, photos, audio, video, information, and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant Absolutely a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit, in any manner such that Content to provide and/or promote the Absolutely Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where Absolutely pays for the creation of Content or facilitates its creation, Absolutely may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Absolutely the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Absolutely prohibits, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Absolutely may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Absolutely does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations. 5. Absolutely Platform Rules. 5.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules. Act with integrity and treat others with respect Do not lie, misrepresent something or someone, or pretend to be someone else. Be polite and respectful when you communicate or interact with others. Do not attempt to evade enforcement of these Terms, our Additional Legal Terms, Policies, or our Standards, such as by creating a duplicate account or listings. Do not discriminate against or harass others. Do not scrape, hack, reverse engineer, compromise or impair the Absolutely Platform Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Absolutely Platform. Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Absolutely Platform or Content. Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Absolutely Platform. Do not take any action that could damage or adversely affect the performance or proper functioning of the Absolutely Platform. Only use the Absolutely Platform as authorized by these Terms or another agreement with us You may only use another Member’s personal information as necessary to facilitate a problem using the Absolutely Platform as authorized by these Terms. Do not use the Absolutely Platform, our messaging tools, or Members’ personal information to send commercial messages without their express consent. You may use Content made available through the Absolutely Platform solely as necessary to enable your use of the Absolutely Platform as a Guest. Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us. Do not engage in any practices that are intended to manipulate our search algorithm. Do not book Home Service Professional Services unless you are actually using the the Services. Do not use, copy, display, mirror or frame the Absolutely Platform, any Content, any Absolutely branding, or any page layout or design without our consent. Honor your legal obligations Understand and follow the laws that apply to you, including privacy, data protection, and export laws. If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy. Read and follow our Terms, Additional Legal Terms, Policies, and Standards. Do not use the name, logo, branding, or trademarks of Absolutely or others without permission. Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that is confusingly similar to any Absolutely trademarks, logos or branding. Do not offer or solicit prostitution or participate in or facilitate human trafficking. 5.2 Reporting Violations. If you believe that a Member, and/or problem poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Absolutely. In addition, if you believe that a Member, and/or problem has violated our Standards, you should report your concerns to Absolutely immediately. If you reported an issue to local authorities, Absolutely may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report. 5.3 Copyright Notifications. If you believe that Content on the Absolutely Platform infringes copyrights, please notify us. 6. Termination, Suspension and other Measures. 6.1 Term. The agreement between you and Absolutely reflected by these Terms is effective when you access the Absolutely Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms. 6.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Absolutely may terminate this agreement and your account for any reason by providing you 30 days’ notice via email or using any other contact information you have provided for your account. Absolutely may also terminate this agreement immediately and without notice and stop providing access to the Absolutely Platform if you breach these Terms, you violate our Additional Legal Terms, or Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Absolutely, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice. 6.3 Member Violations. If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Absolutely believes it is reasonably necessary to protect Absolutely, its Members, or third parties; Absolutely may, with or without prior notice: suspend or limit your access to or use of the Absolutely Platform and/or your account; suspend, remove, disable access to, or restrict visibility of Listings, Reviews, or other Content; cancel pending or confirmed problems; or suspend or revoke any special status associated with your account. For minor violations or where otherwise appropriate as Absolutely determines in its sole discretion, you will be given notice of any intended measure by Absolutely and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. 6.4 Legal Mandates. Absolutely may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 6.3. 6.5 Effect of Termination. If you terminate your Absolutely account, any confirmed problem(s) will be automatically cancelled. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Absolutely Platform has been limited, or your Absolutely account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Absolutely Platform through an account of another Member. 6.6 Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement. 7. Modification. Absolutely may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Absolutely Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email, notifications through the Absolutely Platform, messaging service, or any other contact method made available by us and selected by you at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Absolutely Platform will constitute acceptance of the revised Terms. 8. Resolving Complaints and Damage Claims. If a Property Manager provides valid evidence that you, your co-travellers, or your pet(s) have: (i) damaged the complaining Member’s, or the Accommodation owner’s (where the Accommodation owner is not also the Property Manager), real or personal property, or real or personal property the complaining Member is responsible for, or has an economic interest in; or (ii) caused loss of income for problems via the Absolutely Platform or other consequential damages which result directly from the damage caused under (i) above; or (iii) otherwise caused the complaining Member to incur cleaning costs in excess of the Member’s cleaning fee (each of (i), (ii), and (iii) being a (“Damage Claim”), the complaining Member can notify Absolutely and/or seek compensation through the Property Managers usual means and Absolutely acts no responsibility for this process, and you should review the terms and conditions of your booking with the Property Manager. 9. Absolutely’s Role. We offer you the right to use a platform that enables Members to raise a problem with your Property Manager. While we work hard to ensure our Members have great experiences using Absolutely, we do not and cannot control the conduct of Guests, Property Managers and Home Service Professionals. You acknowledge that Absolutely has the right, but does not have any obligation, to monitor the use of the Absolutely Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Absolutely Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that Absolutely administers its Additional Legal Terms, Policies and Standards (such as basic requirements for Guests, Property Managers and/or Home Service Professionals), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Absolutely in good faith, and to provide Absolutely with such information and take such actions as may be reasonably requested by Absolutely with respect to any investigation undertaken by Absolutely regarding the use or abuse of the Absolutely Platform. Absolutely is not acting as an agent for any Member except for where Absolutely Payments acts as a collection agent as provided in the Payments Terms. 10. Member Accounts. You must register an account to access and use many features of the Absolutely Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Absolutely Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Absolutely if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents. 11. Disclaimer of Warranties. We provide the Absolutely Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Property Manager, Home Service Professional or other third party; (ii) we do not warrant the performance or non-interruption of the Absolutely Platform; and (iii) we do not warrant that verification, identity or background checks conducted on problems or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or problem being “verified” (or similar language) indicate only that the Member or problem or Absolutely has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties Absolutely cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law. 12. Limitations on Liability. Neither Absolutely (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Absolutely Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Absolutely Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Absolutely Platform, or (iv) raising a problem, including the provision or use of Property Management or Home Service Professional Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Absolutely has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose. These Terms, under the Absolutely Host Damage Protection, in no event will Absolutely’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Absolutely Platform, any Content, or any Property Management and/or Home Service Professional Services, exceed: (A) to Guests, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability, (B) to Property Manager and/or Home Service Professional, the amount paid to the Property Manager and/or Home Service Professional in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100). These limitations of liability and damages are fundamental elements of the agreement between you and Absolutely. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you. 13. Indemnification. To the maximum extent permitted by applicable law, you agree to release, defend (at Absolutely’s option), indemnify, and hold Absolutely (including other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms, Policies or Standards, (ii) your improper use of the Absolutely Platform, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience or other Property Management Services, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. 14. United States Governing Law and Venue. If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of Florida 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 16 must be brought in state or federal court in Orlando, Florida, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Orlando, Florida. 15. United Kingdom and EU Governing Law and Venue. If you reside or have your place of establishment in the United Kingdom and/or The European Union, these Terms will be interpreted in accordance with the laws of the City of London and the United Kingdom, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 15 must be brought in the City of London, United Kingdom, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in the City of London, United Kingdom. 16. Dispute Resolution and Arbitration Agreement. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND ABSOLUTELY AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions. 16.1 Application. This Arbitration Agreement only applies to you if your country of residence or establishment is available on the Absolutely platform, and all other threshold determinations, including residency, arbitrability, venue, and applicable law. 16.2 Overview of Dispute Resolution Process. Absolutely 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 this Section 16 applies: (1) an informal negotiation directly with Absolutely’s customer service team (described in paragraph 16.3, below), and if necessary (2) a binding arbitration in accordance with the terms of this Arbitration Agreement. You and Absolutely each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration. 16.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Absolutely each agree to send the other party an individualized notice of the dispute in writing (“Pre-Dispute Notice”) and attempt in good faith to negotiate an informal resolution of the individual claim. You must send your Pre-Dispute Notice to Absolutely by email to notices@getabsolutely,com. Absolutely will send its Pre-Dispute Notice to the email address associated with your Absolutely account. A Pre-Dispute Notice must include: the date, your name, mailing address, your Absolutely username, the email address you used to set up your Absolutely account, your signature, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written demand for arbitration with the arbitration provider designated pursuant to Section 16.6, below. A claimant’s Pre-Dispute Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and evidence that it was sent as required by this Section must be attached to any arbitration demand. 16.4 Agreement to Arbitrate. You and Absolutely mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Absolutely Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding arbitration on an individual basis (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, you and Absolutely agree that an arbitrator will decide that issue. For the avoidance of doubt, you and Absolutely agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of this Section 16, including any dispute over compliance with the Pre-Dispute Notice requirement and a party’s responsibility to pay arbitration fees, shall be resolved exclusively by an arbitrator. 16.5 Exceptions to Arbitration Agreement. You and Absolutely each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; (iv) any claim or cause of action for vexatious litigation; or (v) any individual claim of sexual assault or sexual harassment arising from your use of the Absolutely Platform. You and Absolutely agree that any request for the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act. 16.6 Arbitration Forum Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement, and not state law. The arbitration will be administered by ADR Services, Inc. (“ADR”) (www.adrservices.com) in accordance with Rules 1, 6–7, 8–9, and 11–12, 45, 54, and 56 of the Federal Rules of Civil Procedure (“Selected Federal Rules”) (https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure) and ADR’s Arbitration Rules then in effect (the “ADR Rules”), except as the Selected Federal Rules or ADR Rules are modified by or conflict with this Arbitration Agreement. The ADR Rules are available at www.adrservices.com. If an arbitration demand is submitted to ADR Services in accordance with this agreement and the ADR Rules, and ADR Services cannot or will not administer the arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Selected Federal Rules and the AAA’s Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. If the AAA cannot and will not administer the arbitration, you and Absolutely shall confer and select an alternative arbitral forum, and if we are unable to agree, either you or Absolutely may ask a court to appoint an arbitrator pursuant to 9 U.S.C. § 5. In that event, the arbitration will be conducted in accordance with the rules of the appointed arbitral forum, unless those rules are inconsistent with the provisions of this Arbitration Agreement. 16.7 Modification of Arbitration Rules – Arbitration Hearing/Location. In order to make the arbitration most cost-effective, efficient, and convenient, any required arbitration hearing in an arbitration wherein the amount in controversy does not exceed $100,000 shall be conducted remotely via video conference except as otherwise agreed by the parties or instructed by the arbitrator. Any required arbitration hearing in an arbitration wherein the amount in controversy exceeds $100,000 shall be conducted in Orlando except as otherwise agreed by the parties or instructed by the arbitrator. If the amount in controversy is $1,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator. 16.8 Modification of Arbitration Rules – Arbitration Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the ADR Rules and the ADR Services fee schedule (available at www.adrservices.com). If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. You may request a fee waiver by providing the arbitration provider with a declaration under oath stating your monthly income and the number of persons in your household. If a fee waiver is granted by the arbitration provider and you provide Absolutely with documents necessary to prove that your gross monthly income is less than 300% of the federal poverty guidelines, Absolutely will pay your share of any arbitrator fees. 16.9 Modification of Arbitration Rules – Claims Brought for an Improper Purpose or In Violation of This Arbitration Agreement. Either party may make a request that the arbitrator impose sanctions upon proving that the other party or its attorney(s) has asserted a claim or defence that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous. As allowed by applicable law, the arbitrator shall impose sanctions equal to the requesting party’s reasonable attorneys’ fees and costs upon finding that a claim or defence is groundless in fact or law, brought in bad faith or for the purpose of harassment, asserted in violation of Fed. R. Civ. P. 11(b) (treating the arbitrator as “the court”), or is otherwise frivolous. Either party may seek dismissal of any arbitration filed in violation of any provision of this Arbitration Agreement. Either party may assert in arbitration a counterclaim for the other party’s initiation of proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement. Upon finding that a party has initiated proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement, the arbitrator shall award the other party its actual damages, including but not limited to reasonable attorneys’ fees and costs. 16.10 Arbitrator’s Decision. The arbitrator will issue a written decision which shall 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 any relief allowed by law or the ADR Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim. 16.11 Jury Trial Waiver. You and Absolutely acknowledge and agree that both parties are each waiving the right to a trial by jury as to all arbitrable Disputes. 16.12 No Class Actions or Representative Proceedings. You and Absolutely acknowledge and agree that, to the fullest extent permitted by law, 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 or consolidated proceeding. Unless we agree in writing or as provided in this agreement, 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 there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator. 16.13 Mass Action Waiver. You and Absolutely acknowledge and agree that the relative benefits and efficiencies of arbitration may be lost when 100 or more arbitration claims are filed within 180 days which (1) involve the same or similarly situated parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, alleged violations or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties (“Mass Action”). Accordingly, you and Absolutely agree to waive the right to have any Dispute administered, arbitrated, or resolved as part of a Mass Action (though Sections 15 and 16.12 of these Terms will continue to apply to the Dispute). In case of a dispute, the appointed arbitrator for the first matter instituted within a set of claims identified by either party shall decide whether those claims are part of a Mass Action. If no arbitrator has yet been appointed, an arbitrator shall be appointed solely to determine whether claims identified by either party are part of a Mass Action. Nothing in this provision prevents you or Absolutely from participating in a mass settlement of claims. 16.14 Modification of Arbitration Rules – Mass Action Batching Requirements. If for any reason, notwithstanding Section 16.13, an arbitration proceeds as part of a Mass Action, the parties shall group the arbitration demands into batches of no more than 200. The batches shall be determined by listing the claimants’ alphabetically (by last name or business name, as applicable)—for example, the first 200 claimants listed will be the first batch, the next 200 claimants listed will be the second batch, and so forth. The parties shall randomly assign each batch a sequential number and arbitrate the batches one at a time, in sequential order. While one batch is being arbitrated, the arbitration provider shall hold the remainder in abeyance unless otherwise agreed by the parties or instructed by the arbitration provider. Each batch shall be resolved within 240 days of the pre-hearing conference for that batch. Notwithstanding the forgoing, if any claimant’s demand has not been the subject of a pre-hearing conference within 2 years of the latest-filed demand in the Mass Action, such claimant may elect to pursue the claims asserted in the claimant’s demand in court subject to Sections 15 and 16.12 of these Terms. 16.15 Modifications of Arbitration Rules – Offers of Judgment. At least 10 days before the date set for the arbitration hearing, you or Absolutely may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall issue an award accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other than with respect to costs (including all fees paid to the arbitration provider). If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favourable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitration provider) from the time of the offer. 16.16 Severability. Except as provided in Section 16.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect. 16.17 Amendment to Agreement to Arbitrate. If Absolutely amends this Section 16 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject the change by sending us written notice no later than 30 days of the date the change is effective. Your notice must include your name, mailing address, the date of the notice, your Absolutely username, the email address you used to set up your Absolutely account, your signature, and an unequivocal statement that you want to opt out of the amended Section 16. You must either mail your notice to this address: 888 Brannan St, San Francisco, CA 94103, Attn: Arbitration Opt-Out, or email the opt-out notice to arbitration.opt.out@Absolutely.com. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Absolutely (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Absolutely. 16.18 Survival. Except as provided in Section 16.12 and subject to Section 4.6, this Section 16 will survive any termination of these Terms and will continue to apply even if you stop using the Absolutely Platform or terminate your Absolutely account. 16.19 As a consumer who resides in the EEA you can access the European Commission’s online dispute resolution platform here: https://ec.europa.eu/consumers/odr. Please note that Absolutely is not committed nor obliged to use an alternative dispute resolution entity within the meaning of Directive 2013/11 EU to resolve disputes with consumers. The European Commission’s online dispute resolution platform is not available for residents of Switzerland or the United Kingdom. 17. Rest of World Dispute Resolution, Venue and Forum, and Governing Law. If you reside or have your place of establishment outside of the United States, this Section applies to you and these Terms will be interpreted in accordance with English law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. If you are acting as an individual consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of English law. As an individual consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Absolutely’s place of business in England. If Absolutely wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts. 18. Miscellaneous. 18.1 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Absolutely and you pertaining to your access to or use of the Absolutely Platform and supersede any and all prior oral or written understandings or agreements between Absolutely and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Absolutely. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 16.11 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.” 18.2 No Waiver. Absolutely’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. 18.3 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Absolutely’s prior written consent. Absolutely may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. 18.4 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Absolutely via email, Absolutely Platform notification, messaging service (including SMS and email), or any other contact method we enable and you provide. 18.5 Third-Party Services. The Absolutely Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Absolutely is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement. 18.6 Google Terms. Some translations on the Absolutely Platform are 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 non-infringement. Some areas of the Absolutely 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. 18.7 Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. 18.8 Platform Content. Content made available through the Absolutely Platform, including without limitation trademarks, trade dress, inventions, algorithms, computer programs (in source code and object code), customer and marketing information and other content (“Platform Content”), whether registered or unregistered, which may be protected by copyright, trademark, patent, trade secrets, know how, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Platform Content are the exclusive property of Absolutely and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Platform Content accessed through the Absolutely Platform except to the extent you are the legal owner of that Platform Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Absolutely grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Platform Content made available on or through the Absolutely Platform and accessible to you, solely for your personal and non-commercial use. 18.9 Force Majeure. Absolutely shall not be liable for any delay or failure to perform resulting from abnormal or unforeseeable circumstances outside its reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials. 18.10 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your Absolutely account. Enrolment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Absolutely account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.

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