Last updated: 03/16/2024.

Please read these terms of service carefully before using Our Service.

1 - Interpretation and Definitions

1.1 - Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.

1.2 - Definitions

For the purposes of these Terms of Service:

• Account means a unique account created for You to access our Service or parts of our Service.
• Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
• Application means the software program provided by the Company or Operator downloaded by You on any electronic device, named Tutti.
• Buyer refers to users of the Service who are placing Orders for Goods.
• Country refers to United States.
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Tutti, 3120 Ua Noe Pl, Haiku, HI 96708, USA, 991480712.
• Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
• Device means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
• Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
• Good refers to the items or services offered for sale, rental, auction, contact, or any other means of trading on the Service.
• Operator (referred to as either "the Operator", "We", "Us" or "Our" in this Agreement) refers to Tutti.
• Order means a request by You to purchase or trade by any means Goods on the Application or Website.
• Seller refers to users of the Service who are listing Goods and making them available for trade by any means.
• Service refers to the Application or the Website or both.
• Terms of Service (also referred to as "Terms") mean these Terms of Service that form the entire agreement between You and the Company or Operator regarding the use of the Service. This Terms of Service agreement was generated by TermsFeed and fine-tuned by Sharetribe.
• Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
• Website refers to Tutti, accessible from https://www.tuttivacation.com/.
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2 - Contact Us

If you have any questions about these Terms of Service, You can contact us:

• By email: support@tuttivacation.com

• By visiting this page on our website: https://www.tuttivacation.com/p/contact

3 - Acknowledgment

These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company or Operator. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service.

You represent that you are over the age of majority according to the laws of your country or the Country, whichever is higher. The Company or Operator does not permit those under that age to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company or Operator. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

4 - Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application or Website may also be subject to other local, state, national, or international laws.

4.1 - For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

4.2 - United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

4.3 - Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force, and effect.

4.4 - Waiver

Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

5 - User Accounts

5.1 - Account Creation

When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

5.2 - Account Information

You may be asked to supply certain information relevant to Your Account including, without limitation, Your name, Your email, Your phone number, and Your address.

You may have to provide documents to comply with identity verification.

Before or during posting Goods, you may be asked to supply, without limitation, Your bank account details, and Your identity documents.

Before or during placing an Order, you may be asked to supply, without limitation, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

5.3 - Account Review

Unless part of a feature of the Service, We do not perform background checks or endorse any users. We do not accept any responsibility for the reliability, accuracy, and completeness of any information provided by users.

5.4 - Account Password

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

5.5 - Account Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service. Upon termination, Your right to use the Service will cease immediately.

If You wish to terminate Your Account, You may simply discontinue using the Service or delete Your Account from the Service, or contact Us for help.

6 - Content

6.1 - Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

6.2 - Content Restrictions

The Company or Company or Operator is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Spam, machine, or randomly–generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
• Impersonating any person or entity including the Company or Operator and its employees or representatives.
• Violating the privacy of any third person.
• False information and features.

The Company or Operator reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company or Operator further reserves the right to make formatting and edits and change the manner of any Content. The Company or Operator can also limit or revoke the use of the Service if You post such objectionable Content. As the Company or Operator cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will the Company or Operator be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

6.3 - Content Backups

Although regular backups of Content are performed, the Company or Operator does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company or Operator will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company or Operator has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

6.4 - Intellectual Property of Others and Copyright Infringement

We respect the intellectual property and copyrights of others. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

We are ready to comply with local regulations in that matter (Digital Millennium Copyright Act (DMCA), EU Copyright Directive, ...).

If You are a copyright owner or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email (see 3 - Contact Us) and include in Your notice the following information related to the alleged infringement:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
• A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
• 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.
• 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.

Upon receipt of a notification, the Company or Operator will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

7 - Orders of Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

7.1 - Position of the Service in Orders

Our role is one of a facilitator between You and the Sellers, using the Service. We are, therefore, a third party in Orders, which limits Our liabilities in any disputes between You and the Sellers.

We are not a party to any agreement You have with the Sellers. Any agreement You enter with the Sellers does not form a part of any agreement We have with you.

7.2 - Your Information as Buyer

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct, and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

7.3 - Availability, Errors, and Inaccuracies

We and Sellers are constantly updating Our offerings of Goods on the Service. The Goods available on the Service may be mispriced, described inaccurately, or unavailable, and Sellers and We may experience delays in updating information regarding the Goods on the Service and in Our advertising on other websites.

We and Sellers cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

7.4 - Prices Policy

The Company or Operator and Seller reserve the right to revise their prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company or Operator subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of the Company or Operator or the Seller. In that event, You will have the right to cancel Your Order.

7.5 - Payments

Payment can be made through various payment methods we have available. We rely on payment gateways that have their own terms of service and their own limitations.

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

7.6 - Service Fees

We may charge You some fees (and applicable Taxes) for the right to use the Service. More information about when service fees apply and how they are calculated is displayed during your Order. We reserve the right to change the service fees at any time.

7.7 - Order Modification

You and the Sellers are responsible for any Order modifications you agree to make via the Service and agree to pay any additional amounts, fees, or taxes associated with any Order modification.

7.8 - Order Cancellation

7.8.1 - Our Order Cancellation Rights

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

• Goods availability
• Errors in the description or prices for Goods
• Errors in Your Order
• Mistakes from the Seller

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction or trade is suspected.

7.8.2 - Order Cancellation by Buyers

If You as a Buyer cancel an Order, the amount You paid (including the Service fees) is not refunded.

If something outside Your control requires You to cancel an Order, or if You think your Order should be refunded, contact Us.

7.8.3 - Order Cancellation by Sellers

If You as a Seller cancel an Order, the amount the Buyer paid (including the Service fees) will be refunded to the Buyer and will not be transferred to the Seller.

If something outside Your control requires You to cancel an Order, or if You think your Order should be refunded, contact Us.

7.9 - Order Dispute

If a Buyer or a Seller disputes an Order, the Company or Operator should be notified. The dispute will be resolved at Our sole discretion.

8 - Opt-In Notice for Mobile Messages

8.1 - Opt-In to Receive Mobile Messages

By providing Your phone number, You agree and consent to receive mobile messages from the Company or Operator. You acknowledge that these messages may include transactional information, promotional offers, and other communications related to Our services. Message and data rates may apply according to Your mobile service plan.

9 - Disclaimer of Warranties and Limitation of Liability

9.1 - Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company or Operator and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD (or its equivalent in the Service local currency) if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or Operator or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or Operator or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.

9.2 - "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company or Operator, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, performance, usage or trade practice. Without limitation to the foregoing, the Company or Operator provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor Operator nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company or Operator are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

9.3 - Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company or Operator.

The Company or Operator has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company or Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise You to read the terms of service and privacy policies of any third-party websites or services that You visit.

9.4 - Translation Interpretation

These Terms of Service may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

10 - Disputes Resolution about the Service

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company or Operator.

11 - Intellectual Property of the Service

The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company or Operator and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company or Operator.

12 - Your feedback to Us

You assign all rights, title, and interest in any Feedback You provide the Company or Operator. If for any reason such assignment is ineffective, You agree to grant the Company or Operator a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

13 - Changes to these Terms of Service

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Application or Website and the Service.

ACCEPTANCE OF THE TERMS OF USE Welcome to Tutti Vacation’s (“COMPANY”) Website or Mobile App. The following terms and conditions ("Terms of Use") govern your access to and use of TuttiVacation.com, including its content, functionality, and services or Mobile Application (the "App"). You're a "User or Customer to view or use COMPANY Platform to access, view, and/or use the services at provided locations. These Terms and Conditions refer to Users and Customers as "You". Before using the Website or Mobile Application, read these Terms. By using the Website or Mobile Application, you agree to be bound by these Terms of Use and our privacy policy, found at www.TuttiVacationc.com FOR PRIVACY POLICY ("Privacy Policy") "referenced herein. Do not use the Website or Mobile Application if you do not agree to the Terms of Use, Consent for Services, or Privacy Policy. Our other rules define capitalized phrases not stated in this Conditions of Use (e.g., our Privacy Policy and our User Agreement).

CHANGES TO THE TERMS OF USE We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website or Mobile Application thereafter. Your continued use or revisitation of the Website and Mobile Application following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE Website or Mobile Application AND SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY

ACCESS AND ACCOUNT SECURITY We reserve the right to withdraw or amend this Website or Mobile Application, and any service or material we provide on the Website or Mobile Application, at our sole discretion. From time to time, we may restrict access to some parts of the Website or Mobile App or the entire Mobile Application or entire Website. MEMBERSHIP AND SUBMISSIONS Individuals and registered subscribers receive Membership privileges when Membership launches. No one else can use or access membership rights. By registering, you become a "Member" and agree that your information is correct and current. System access requires a valid email address and password. Members cannot share login credentials. We reserve the right to refuse service to any Member who breaches the Terms and Conditions on the website or Mobile Application or abuses its Service privileges. This includes anyone associated with any such Member, person, organization, or corporation (and all other individuals). You acknowledge that some User Content you encounter while using the Services may be unreliable, unpleasant, offensive, or indecent. You waive any legal or equitable claim against us about User Content. VERIFIED USER OR ''Customer" You will become a “verified” Customer only when certain identifying documents are sent to us.
Pursuant to California Civil Code Section 1879.3, California residents are entitled to the following specific consumer rights notice: The name, address, and telephone number of the provider of this service 3120 Ua Noe Pl., Haiku HI. Complaints regarding products, or requests to receive further information regarding use of this Website or Mobile Application/app may be sent to the above address or to info@tuttivacation.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210. Important Information for New Jersey residents If you live in New Jersey, please carefully read these Terms and understand that by using the Website or Mobile Application, placing an order on the Website or Mobile Application or creating an account, in addition to the other terms and conditions herein, you agree: Any dispute between you and will be governed by the laws of the State of and subject to the dispute resolution provisions set forth in the “Disputes Resolution” section below; Under the laws of the State of New Jersey, limitations on implied warranties or the exclusive limitation of certain damages as set forth below in the “DMCA/Copyright Policy,” “Disclaimers of Warranties,” “Limitations on Liability,” and “Anti-Diversion” sections may not apply to you; and As set forth in the “Indemnification” section below, you are responsible for any harm you cause COMPANY. whether it is because of your (i) User Content; (ii) violation of any applicable law that protects COMPANY. or our legal rights or those of any third party that your actions have damaged; (iii) material uncured breaches of these Terms; (iv) infringement by you of any intellectual property rights that belong to COMPANY. or any third party; (v) any and all activities that occur under your account, username, and password.

PAYMENT PROCESSING

You may be required to pay fees to access certain features of the Website or obtain certain goods or services. All fees are in U.S. dollars and are non-refundable. If Company changes the fees for all or part of the Website or for any goods or services, including by adding fees or charges, Company will provide you advance notice of those changes. If you do not accept the changes, Company may discontinue providing the applicable part of the Website to you. Company’s authorized third-party payment processor will charge the payment method you specified at the time of purchase. You authorize Company to charge all fees for the Website you select to that payment method. If you pay any fees with a credit card, Company may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. Furthermore, all purchases through our App or other transactions for the sale of goods, services, or information formed through the Website, or resulting from visits made by you, may be governed by additional terms presented at or around the time of sale, which are hereby incorporated into these Terms of Use. If any such purchases are with any third parties, Company is an information provider and does not endorse or recommend any services providers. Company makes no representation or warranty as to the qualifications or competency of any services providers or as to the quality or completeness of any such services providers’ work. Company has no responsibility to review or validate any sample materials provided by such services providers for display on the Website. Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

You agree to pay the "Total Price" (also known as the "Listing Price") when you reserve a listing. The "Total Price" includes the listing price, service fee, any offline fees, taxes, and any other fees that are mentioned throughout the booking process.

MAINTENANCE

You must periodically inspect your accommodation for safety and operation issues. You promise to keep your accommodation safe, clean and up-to-code, and in conformity with all registration regulations. If COMPANY believes your accommodation does not meet reasonable standards, it may warn you and delete or reject listing your accommodation until its concerns are rectified.

Customer RULES

You may only utilize a service booked on the Services for personal use.

Contact info@tuttivacation.com with any questions concerning your planned use.

CANCELLATIONS, REFUNDS and MODIFICATIONS

The amount of the refund is based on the service cancellation policy. However, there are some circumstances when different regulations take precedence and determine the size of the return. You may be eligible for a partial or full refund if you are forced to cancel a reservation due to events beyond your control. You might be qualified for assistance with rebooking or a partial or full refund in accordance with our Policy in circumstances where the service provider cancels or you run into a service issue.

Both customers and customer agree to pay any additional sums, fees, or taxes related to any booking alterations they authorize via the Platform or request customer service to make on their behalf.

Both customer and s agree to pay any additional sums, fees, or taxes related to a booking modification and are accountable for any changes they authorize via the App.

INTELLECTUAL PROPERTY RIGHTS The Website or Mobile Application and all of its contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are our property or that of our licensors or other content providers, and they are protected by domestic and foreign laws on copyright, trademark, patent, trade secret, and other proprietary rights. We reserve all rights not expressly given herein, and no right, title, or interest in or to the Website, Mobile Application, or any content on the Website or Mobile Application is transferred to you. A breach of these Terms of Use and potential violation of copyright, trademark, and other laws results from any use of the website or mobile application that is not expressly authorized by these Terms of Use. Our trademarks include our name, brands, logos, catchphrases, and other items. Throughout this website or mobile application, all other names, brands, logos, product and service names, and designs are the property of their respective owners and may be trademarks. Such trademarks may not be used without our prior written consent. You are only allowed to use the Website or Mobile Application in accordance with these Conditions of Use for your own private, non-commercial use. None of the content on our website or mobile application may be copied, distributed, altered, transformed into a derivative work, performed in public, published again, publicly displayed, downloaded, stored, or transmitted. YOU MUST NOT: • Modify copies of any materials from this Website or Mobile Application; • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website or Mobile Application.

PROHIBITED USES

You may use the Website or Mobile Application only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or Mobile Application: • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries). • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation. • To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing). • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Mobile Application, or which, as determined by us, may harm us or other users of the Website or Mobile Application or expose them to liability.

ADDITIONALLY, YOU AGREE NOT TO: • Use the Website or Mobile Application in any manner that could disable, overburden, damage, or impair the Website or Mobile Application interfere with any other user’s use of the Website or Mobile Application including his or her ability to engage in real time activities through the Website or Mobile Application. • Use any robot, spider or other automatic device, process or means to access the Website or Mobile Application for any purpose, including monitoring or copying any of the material on the Website or Mobile Application. • Use any manual process to monitor or copy any of the material on the Website or Mobile Application or for any other unauthorized purpose without our prior written consent. • Use any device, software or routine that interferes with the proper working of the Website or Mobile Application. • Introduce any viruses, Trojan horses, worms, logic bombs, keystroke logging, or other material which is malicious or technologically harmful. • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or Mobile Application, the server on which the Website or Mobile Application is stored, or any server, computer or database connected to the Website or Mobile Application. • Attack the Website or Mobile Application via a denial-of-service attack or a distributed denial-of-service attack. • Otherwise attempt to interfere with the proper working of the Website or Mobile Application. YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE APP, AND/OR DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE APP, YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS WHETHER OR NOT YOU HAVE CREATED AN ACCOUNT ON THE APP. IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE APP. If you accept or agree to these Terms on behalf of a app or other legal entity, you represent and warrant that you have the authority to bind that app or legal entity to these Terms and, in such event, "you" or "your" will refer and apply to that app or other legal entity.

RELIANCE ON INFORMATION POSTED The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the App, or by anyone who may be informed of any of its contents. This App may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. All photos, listings, and/or content related to your listing must be accurate. You may not post false information, i.e., spaces that are not yours, listing information that is not your, etc. Any such listings will be removed immediately, and you will not be allowed to post in the future. LINKS TO OTHER WEBSITES AND RESOURCES If the App contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. INFORMATION ABOUT YOU AND YOUR VISITS TO THE APP

All information we collect on this App is subject to our Privacy Policy. By using the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

A user can delete the account by going to your profile page and clicking "DELETE MY ACCOUNT" This will delete all data and the listing. To be removed from any marketing material, click “unsubscribe” at the bottom of any of our emails or send an email to info@tuttivacation.com.

DISCLAIMER OF WARRANTIES

OUR PRODUCTS, SERVICES, AND CONTENT ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

LIMITATION ON LIABILITY NOTICE TO NEW JERSEY USERS: If you live in New Jersey, this section does not apply to you. In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the App, any websites linked to it, any content on the Website or Mobile Application or such other Website or Mobile Applications or any services or items obtained through the Website or Mobile Application or such other Website or Mobile Applications, including any indirect, special, incidental, consequential, exemplary, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, property damage, loss of revenue, loss of profits, loss of business or anticipated savings, business interruption, loss of use, loss of goodwill, loss or corruption of data, cost of substitute goods or services, or computer failure or malfunction. To the fullest extent permitted by applicable law, in no event will we or our affiliates, or any of our respective licensors or service providers, have any liability arising from or related to your use of or inability to use the Website or Mobile Application or the services for: • Any action you take based on the information you receive in through or from the services; • the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services; • the improper authorization for the services by someone claiming such authority; statements or conduct of any third party on the services. These limitations will apply whether such damages arise out of breach of contract, tort (including negligence) or any other theory or cause of action and regardless of whether such damages were foreseeable or we were advised of the possibility of such damages. We do not guarantee continuous, uninterrupted or secure access to the Website or Mobile Application or the services, or any related services. The operation of the Website or Mobile Application may be interfered with by numerous factors outside our control. under no circumstances shall we be liable for any damages that result from the use of or inability to use the Website or Mobile Application, including but not limited to reliance by you on any information obtained from the Website or Mobile Application or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to our records, programs, or services. you hereby acknowledge that this paragraph shall apply to all content, data, and information submitted to the Website or Mobile Application. If you are dissatisfied with any portion of this Website or Mobile Application or the services, your sole and exclusive remedy is to discontinue use of the Website or Mobile Application or the services. The foregoing does not affect any liability which cannot be excluded or limited under applicable law. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.

TAXES It is your responsibility to ascertain and carry out your legal requirements to report, collect, and submit any applicable VAT or other indirect taxes, occupation taxes, tourist, income, or other taxes ("Taxes"), as well as to include them in your fee.

Users and members may view any Taxes that we have accrued and/or remitted on their transaction records, as appropriate. We may ask members for further payments (including by withholding such sums from future distributions) if the taxes collected and/or paid are inadequate to fully satisfy a tax obligation. You acknowledge that the sole remedy available to you for Taxes paid to the App is a refund from the relevant taxing authority. You acknowledge that we reserve the right to end the service at any time, with prior notice to you.

FEES For the privilege of using the App, we may charge fees (together with any applicable taxes). Service costs are not refundable unless otherwise stated on the App. The service costs are subject to change at any time, and we will notify you of any changes before they take effect. Bookings made before the change's effective date will not be impacted.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assignees, from and against any and all claims, liabilities, deficiencies, damages, actions, judgments, settlements, interest, awards, losses, fines, penalties, costs, expenses or fees or any kind (including reasonable attorneys’ fees and costs) arising from or relating to your violation of these Terms of Use or the terms in our other policies and agreements that you agree to be bound by, your use or misuse of the Website or Mobile Application, including, but not limited to, any use of the Website or Mobile Application’s content, Services and products other than as expressly authorized, your use of any information obtained from the Website or Mobile Application, any User Content you submit, post to or transmit through the Website or Mobile Application or the Services, or, your violation of any third party’s rights, including, but not limited to, intellectual property rights, right of privacy, right of publicity and confidentiality.

DISPUTE RESOLUTION - AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

We each agree that any dispute, claim, or controversy arising out of or relating to our products, services, these terms, including our privacy policy and cookie policy, or the breach, termination, enforcement, interpretation, or validity thereof or the use of the services or content available on or through the Website or Mobile Application/app (collectively, "disputes") will be settled by confidential binding arbitration, except that each party retains the right to (i) bring an individual action in small claims court; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademark, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii) an "IP Protection Action"). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in Delaware and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that both you and COMPANY are waiving the right to a trial by jury or to participate as a plaintiff or class representative or class member in any purported class action or representative proceeding. Further, unless we both otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive termination of these Terms. The parties agree that (i) these Terms memorialize a transaction in interstate commerce; (ii) the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) governs the interpretation and enforcement of this section; and (iii) this section will survive termination of these Terms.

ARBITRATION RULES

The parties expressly agree that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims only.

DISPUTE NOTICE AND ARBITRATION PROCESS

Prior to initiating an arbitration proceeding, you must first send COMPANY a written statement setting forth your name, address, and telephone number, the facts giving rise to the dispute, and the relief requested ("Dispute Statement"). The Dispute Statement must be mailed to the attention of 850 Burton Road., Ste. 201, Dover, DE 19904 via nationally recognized overnight courier. If we are unable to resolve your claim within thirty (30) days of receipt of the Dispute Statement, then either party that desires to initiate an arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Procedures. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Notwithstanding this The arbitration will be administered and governed by the Comprehensive or Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS), whichever is appropriate and in effect at the time the arbitration is initiated (the "JAMS Procedures"), which are available at http://www.jamsadr.com or by calling 1-800-352-5267. Broad delegation of authority to the JAMS arbitrator, a court may determine the limited question of whether a claim or cause of action is an IP Protection Action.

ARBITRATION LOCATION AND PROCEDURE

Unless the parties otherwise agree, the arbitration will be conducted in the county where COMPANY resides. If your claim does not exceed $10,000, then (i) the arbitration will be conducted solely on the basis of documents the parties submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary; and (ii) if there is a hearing, you may choose whether to participate in person or by telephone. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Procedures. Subject to the JAMS Procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

ARBITRATOR'S DECISION

The arbitrator's decision will include the essential findings and conclusions of law upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having competent jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Disclaimer of Warranties," and "Limitations of Liability" sections above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory and injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. COMPANY will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.

TIME LIMIT FOR RESOLVING DISPUTES

The parties agree that any cause of action either may have with respect to the Website or Mobile Application or products, services, and Content must be commenced within one (1) year after the Dispute arises, notwithstanding any statutes of limitations to the contrary. Many states' laws set statutes of limitations that are longer than one (1) year. If you live in a state that has statutes of limitations that are longer than one (1) year, by agreeing to these Terms, you are agreeing to shorten the time you have to bring a claim. This means that if you wait longer than one (1) year to initiate arbitration under this section, you will lose some or all rights you may have to any recovery, including the right to recover damages, in connection with a Dispute. NOTICE TO NEW JERSEY USERS: If you live in New Jersey, your agreement to this provision shortens the time within which you may bring a Dispute. The terms of this Dispute Resolution section survive any termination of these Terms. Right to opt-out or reject future changes to dispute resolution section You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section by sending a written letter via nationally recognized overnight courier to the attention “Customer Relations Director” within thirty (30) days of your first visit to and use of the Website or Mobile Application/app that specifies your (i) name; (ii) mailing address; and (iii) request to be excluded from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section. In the event you opt-out consistent with the procedure set forth above, all other terms and conditions of these Terms will continue to apply. If you do not opt-out, then the terms of this section will apply. Notwithstanding the provisions of “Changes to Terms of Use” section above, if COMPANY changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted subsequent changes to the Terms), you may reject any such change by sending COMPANY written notice to the attention “Customer Relations Director” within thirty (30) days of the date such change became effective, as indicated in the "Last Updated" date above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and COMPANY in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

COMPLAINTS If a user/member presents convincing evidence that you, your visitor(s), or your pet(s) caused damage to real or personal property, or real or personal property for which the complaining user/member is accountable, including resulting losses, the complaining member/user may notify us and/or pursue redress. You'll be informed of the damage claim and given the chance to comment.

DMCA NOTIFICATION

We respect the rights of intellectual property holders. If you believe that any content on the Website or Mobile Application violates these Terms of Use or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512). In the case of an alleged infringement, please provide the following information: • A description of the copyrighted work or other intellectual property that you claim has been infringed; • A description of where the material that you claim is infringing is located on the Website or Mobile Application (including the exact URL); • An address, a telephone number, and an e-mail address where we can contact you; • A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law; • A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and, • Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed. We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to our designated agent at Email: info@tuttivacation.com MISCELLANEOUS COMMUNICATIONS & TEXT MESSAGES

You may communicate with us electronically when you use the Services or send emails, text messages, and other communications from your desktop or mobile device. You consent to receive communications from us or on our behalf electronically, such as emails, texts, mobile push notices, or notices and messages through the Services, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You'll update your contact info, including email. Statutory rights are unaffected by this subparagraph. If you give COMPANY your cell phone number, you consent to receiving phone calls, SMS, and MMS messages for transactional, operational, or informational purposes. When you give COMPANY your phone number, you promise to be the account's subscriber or authorized user. You consent to automated messages. Unsubscribe from COMPANY text messages at any time. You agree to unsubscribe from COMPANY SMS and MMS messages by following the instructions below. COMPANY may send order status messages for Services orders. "STOP" to the number sending order-related messages unsubscribes. Resubscribe by texting "START" to your account's phone number. Text "HELP" for help. Unsubscribing from one branded property in our Services does not automatically unsubscribe you from another. Unless you unsubscribe from Seamless order-related messages, you may still receive COMPANY order-related messages when you order through Seamless. After receiving an order, COMPANY may ask for feedback or other information. Reply "STOP" to the number sending feedback messages to unsubscribe. Resubscribe by texting "START" to the feedback message number from your account phone. Please note that unsubscribing from such feedback texts will not prevent you from receiving texts from COMPANY, the Merchant, or your delivery person about your order or its delivery unless you also text "STOP" to the number sending the order-related messages. Even then, you may still receive individual texts from the Merchant or delivery person to ensure successful delivery. Customer Care requests may result in text messages. Simply text "STOP" to the number sending Customer Care messages to unsubscribe. COMPANY may send you text messages while it processes your request to unsubscribe from them (s). If you change or deactivate the phone number you provided to COMPANY, you have an affirmative obligation to immediately update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your Account may receive COMPANY's standard SMS or MMS messages unless you also unsubscribe via the above procedures SMS and MMS alerts sent or received may incur standard data and message rates. Please consult your mobile phone carrier. T-Mobile, AT&T, Verizon, etc. are not responsible for delayed or undelivered messages. Call 844-899-COMPANY for help.

ADDITIONAL TERMS FOR MOBILE APPLICATIONS

COMPANY may offer mobile applications to access its websites, technology platforms, and related online and mobile services. Any Mobile Application requires a compatible device. COMPANY does not guarantee mobile app compatibility. Your wireless provider may charge you for using mobile data with the Mobile Applications. You accept full responsibility for such charges. COMPANY grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one Account on a mobile device you own or lease for personal use. You agree that COMPANY may periodically upgrade the Mobile Applications and automatically upgrade the version on your mobile device. If your mobile device doesn't automatically update, you agree to update the Mobile Application. Upgrade to the latest Mobile Applications to see the latest Merchant Services information. You also agree to apply this Agreement to all Mobile Application upgrades. The applicable open source or third-party license EULA covers any third-party code used in the Mobile Applications. COMPANY or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications and any copies thereof (and any copy thereof). This Agreement forbids you from transferring any rights, duties, or obligations. COMPANY reserves all Mobile Application and other rights not expressly granted under this Agreement. The following applies to any US government-purchased mobile app: The Mobile Application will be considered "commercial computer software" and "commercial computer software documentation" under DFAR § 227.7202 and FAR § 12.212. The U.S. Government may use, reproduce, release, perform, display, or disclose the Services and any accompanying documentation only as permitted by this Agreement. Mobile Applications are US-made and subject to US export laws. Mobile Applications cannot be exported or re-exported to certain countries or entities prohibited from receiving US exports. Mobile Applications may also fall under foreign import and export laws. You agree to follow all US and foreign laws regarding Mobile Applications and Services. Apple-Sourced Software (Apple App Store Mobile Apps): You agree that COMPANY, not Apple, Inc. (“Apple”), is responsible for the Apple-Sourced Software and its content. The App Store Terms of Service govern Apple-Sourced Software use. You agree that Apple has no obligation to maintain or support Apple-Sourced Software. If the Apple-Sourced Software fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price. To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the software or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty. You acknowledge that Apple is not responsible for addressing any of your claims or those of any third party relating to the Apple-Sourced Software or your possession and/or use of it, including, but not limited to: I product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation; and all of these claims are You agree that COMPANY, not Apple, will investigate, defend, settle, and discharge any third-party intellectual property infringement claim to the extent required by this Agreement. You and COMPANY acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement as it relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you. The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is solely between you and COMPANY only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) COMPANY, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to COMPANY’s Google-Sourced Software.

GOVERNING LAW AND JURISDICTION. All matters relating to the Website or Mobile Application and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Hawaii regardless of your country of origin or where you access the Website or Mobile Application or the Services, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. CLASS ACTION WAIVER Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms of Use or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. NOTICES You agree that we may provide you with notices, including those regarding changes to this agreement, by email to the address you provided at the time of registration or as changed in your Account profile on the Website or Mobile Application. INDEPENDENT CONTRACTORS The parties intend that an independent contractor relationship will be created by these Terms of Use, and that no additional partnership, joint venture, employee, employer or other relationship is intended. You agree not to hold yourself out as in any way sponsored by, affiliated with, endorsed by, in partnership or venture with, nor as an employee or employer of us, any of our affiliates or service providers. ENTIRE AGREEMENT These Terms of Use, our Privacy Policy, and any User Agreement to which you agree and/or consent comprise the complete agreement between you and us regarding the Website or Mobile Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral. No failure or delay by you or us to exercise any right or power hereunder shall act as a waiver thereof, nor shall any single or partial exercise thereof bar later exercise of that or any other right hereunder. These Conditions of Use prevail over any purchase order or other terms other than our User Agreement. The other elements of these Conditions of Use will remain in force if any provision is invalid or unenforceable under relevant law. These Conditions of Use section and paragraph headings are for convenience only and do not impact interpretation.

TERMINATION

NOTICE TO NEW JERSEY USERS: If you live in New Jersey, this section does not apply to you. Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, for any reason or no reason, to terminate your ability to use the Website or Mobile Application and to block and prevent future access to and use of the Website or Mobile Application. You agree that we will not be liable for any termination of your use of or access to the Website or Mobile Application.

MOBILE APPLICATION LICENSE Use License If you access the Website or Mobile Application via a mobile application, then we grant you a revocable, non- exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any Website or Mobile Application/app or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Website or Mobile Application: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof. API Use Customers may access their Service data via the Application Program Interface (“API”). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the Terms plus the following specific terms: You may not sell, rent, lease, sublicense, redistribute, or syndicate access to our API. You may not (i) access our API or documentation in violation of any law or regulation (ii) access our API in any manner that comprises, breaks, or circumvents any of our technical processes or security measures associated with the Services or in a way that poses a security vulnerability to customers or users of the Services (iii) access our API or documentation in order to replicate or compete with the Services (iv) attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how of our API or Services or (v) attempt to use our API in a manner that exceeds rate limits or constitutes excessive or abusive usage. You expressly understand and agree that the Website or Mobile Application shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API. If we believe that there is a violation of the Terms that can simply be remedied by your modification or update of your usage, we will, in most cases, ask you to take direct action rather than intervene. In some instances, we may directly step in and take what we determine to be appropriate action if you are not responsive, or if we believe there is a credible risk of harm to us, the Services, our customers, users, or any third parties

Availability of the APP We do not guarantee that your use of the App will be uninterrupted, timely, or error-free. At any time and without notice, access to the App may be temporarily or permanently terminated or removed from you or all users. For any reason, we may impose limitations on the length and mode of use of any part of the App. You shall not attempt to use the App under any other identity or user or on any other mobile device if we impose restrictions on you directly. We do not guarantee that the App will work with every device and software you might use. We make no express or implied representation or warranty that the information and materials on the App are correct; no express or implied warranty or representation is given that they are complete, accurate, up to date, or fit for a particular purpose; and, to the extent permitted by law, we accept no liability for any errors or omissions. This has no bearing on any responsibility we may have to furnish you with items under any contract we may have with you.

ADVERTISERS We allow advertisers to display their advertisements and other information in certain areas of the Website or Mobile Application, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Website or Mobile Application and any services provided on the Website or Mobile Application or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Website or Mobile Application, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

INDEMNIFICATION You agree to release, defend, indemnify, and hold COMPANY and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (1) your access to or use of the Services, (2) your violation of these Terms, (3) your user content, (4) your interaction with any other user of the Services, or (5) your booking of a service. Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a booking, sharing, or use of a service. This indemnification provision is a fundamental element of the basis of the bargain between COMPANY and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.

LIMITATION OF LIABILITY EVEN IF WE'VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NEITHER WE NOR ANY OF OUR DIRECTORS, EMPLOYEES, OR AGENTS WILL BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APP AND/OR SITE.

THE PARTIES' AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE AMOUNTS YOU PAID OR OWE FOR SERVICE BOOKINGS MADE THROUGH THE SERVICES AS A CUSTOMER IN THE TWELVE MONTHS PRIOR TO THE EVENT, OR (2) THE AMOUNT OF ANY CLAIM YOU MAY HAVE UNDER ANY PROTECTION PLAN OR APPLICABLE INSURANCE POLICY APPROVED BY US.

YOU HEREBY IRREVOCABLY WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE SECTION1542, OR ANY SIMILAR LAW, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE ANY PROVISION OF THIS AGREEMENT THAT IS FOUND TO BE ILLEGAL OR UNENFORCEABLE SHALL, TO THE EXTENT PERMITTED BY APPLICABLE LAW, BE SEVERED AND THE REMAINING PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT.

LIQUIDATED DAMAGES

YOU ACKNOWLEDGE THAT COMPANY WOULD HAVE DIFFICULTY ESTIMATING AND VERIFYING THE REAL DAMAGES ANTICIPATED BY ANY OF THE FOLLOWING: (1) TRANSACTIONS IN THE GRAY MARKET (2) REGISTERING WEBSITE DOMAINS, SOCIAL MEDIA HANDLES, OR BIDDING ON ONLINE ADVERTISING KEY TERMS WITHOUT THE CONSENT OF COMPANY, (3) LAWSUITS AGAINST COMPANY PARTIES OR COMPANY USERS (4); OR (5) CREATING OR USING A COMPANY ACCOUNT TO AVOID SUSPENSION, TERMINATION, OR CLOSURE.

YOU ARE REQUIRED TO PAY COMPANY $6,000 IN LIQUIDATED DAMAGES FOR EACH BREACH. THIS AMOUNT IS NOT A PUNISHMENT, BUT AN APPROPRIATE ESTIMATE IN THE EVENT THAT ACTUAL DAMAGES CANNOT BE ASSESSED. THE LIQUIDATED DAMAGES PROVISIONS APPLY TO THE ABOVE-MENTIONED PROVISIONS AND SUPERSEDE ANY OTHER DAMAGE AND/OR ARBITRATION CLAUSE IN THIS AGREEMENT.

FEES AND TAXES COMPANY charges fees, which are itemized for Users during the checkout process. When you provide us with a payment method, you authorize COMPANY to charge that payment method in the future. Unpaid fees will be collected by COMPANY using any legal means available, and any unpaid balances may be reported to credit agencies. COMPANY may also use credit bureau information to determine eligibility for use of the App. If we need to remit taxes on your behalf, we will collect and remit those amounts.

INSURANCE We are not an insurance provider, and any insurance provided through the Website or Mobile Application is done by a third-party Company, which we are not affiliated with.

This website or Mobile Application is operated by COMPANY. All other feedback, comments, requests for technical support and other communications relating to the Website or Mobile Application should be directed to info@TuttiVacation.com. Thank you for visiting our Website or Mobile Application.

Acceptable Use Policy for Tutti Vacation Effective Date: December 2024

1. General Conduct You agree to use Tutti Vacation in a manner that is lawful, ethical, and respectful of others. You may not: • Engage in any behavior that is abusive, harassing, discriminatory, or otherwise harmful to others. • Use the platform to send spam, fraudulent communications, or any other unauthorized commercial messages. • Impersonate any person, business, or entity or misrepresent your identity or affiliations.

2. Prohibited Activities You may not use Tutti Vacation to: • Facilitate illegal activities or transactions. • Promote, distribute, or share harmful, obscene, or offensive content. • Post false or misleading listings, reviews, or other information. • Exploit or harm minors in any way, including exposing them to inappropriate content. • Access, tamper with, or use non-public areas of the platform, including servers, databases, or other restricted systems.

3. Safety and Security • You are responsible for ensuring the safety and security of your account. Do not share your login credentials or allow others to access your account. • Respect the safety and privacy of others, including their personal information and property. • Service providers and users are expected to maintain a safe and respectful environment for all interactions facilitated through Tutti Vacation.

4. Intellectual Property • You may not use or distribute content from Tutti Vacation without proper authorization or ownership rights. • Respect the intellectual property of others, including copyright, trademark, and other proprietary rights.

5. Platform Integrity To ensure the integrity of the Tutti Vacation platform, you agree not to: • Interfere with or disrupt the platform’s functionality, including uploading malware, viruses, or harmful software. • Attempt to bypass security measures or access systems without authorization. • Engage in activities that unfairly manipulate search rankings, reviews, or platform features.

6. Reporting Violations If you encounter behavior or content that violates this policy, please report it to us at [Insert Contact Information]. We will investigate and take appropriate action, which may include removing content, suspending accounts, or involving law enforcement.

7. Consequences of Violations Violations of this Acceptable Use Policy may result in: • Temporary or permanent suspension of your account. • Removal of content or listings. • Legal action, if necessary.

8. Updates to This Policy We reserve the right to modify this Acceptable Use Policy at any time. Changes will be effective immediately upon posting to the platform. Continued use of the platform signifies your acceptance of the updated terms.

Contact Us For questions or concerns about this policy, contact us at: Email: info@tuttivacation.com Phone: 808-298-0235

Thank you for being part of Tutti Vacation and helping us create a positive and secure community!

Tutti Vacation Terms of Use Last Updated: December 11, 2024 These Terms of Use (“Terms” or “Agreement”) outline the conditions under which individuals may use the Tutti Vacation platform (“Tutti”) and its services (“Services”). By accessing the platform, creating an account, or utilizing any Tutti service, you agree to these Terms in full. If you do not agree, please discontinue using the platform. Tutti Vacation serves as a platform that connects travelers with local service providers. However, Tutti does not employ, endorse, or directly oversee any service providers listed on the platform. Users are responsible for vetting and selecting providers based on their individual needs.

Description of Services Tutti Vacation provides a digital platform where: • Travelers can search for, connect with, and hire service providers for tasks such as housekeeping, local guiding, or other specialized assistance. • Service Providers can create profiles to offer their services, set their availability, and manage bookings. The platform enables communication and coordination between travelers and service providers but does not guarantee service quality, timeliness, or suitability.

Safety Center and User Responsibilities To promote a safe experience, Tutti offers a Safety Center with resources and recommendations to help users make informed decisions. These resources include tips for vetting providers, conducting interviews, and managing bookings. Users are encouraged to use these tools and exercise caution when engaging with others on the platform. • Travelers are responsible for verifying the credentials and suitability of service providers. • Service Providers are responsible for providing accurate information about their services and meeting any legal or professional requirements in their area.

Limitations of Tutti Services Tutti Vacation operates solely as a facilitator between users and is not responsible for the following: • Verifying the accuracy of user-generated content or profiles. • Conducting background checks or guaranteeing the safety, legality, or quality of services provided by users. • Mediation in disputes between travelers and service providers. Tutti is not an employment agency and does not arrange employment or service contracts between users.

Age and Eligibility Requirements Users must meet the following criteria: • Be at least 18 years old. • Use the platform solely for the purpose of providing or hiring services. • Comply with all applicable local, state, and federal laws.

User Conduct By using Tutti Vacation, you agree to: 1. Provide accurate and truthful information when creating a profile or booking services. 2. Communicate respectfully and professionally with other users. 3. Not post or transmit harmful, offensive, or illegal content. Tutti reserves the right to review, edit, or remove any content or accounts that violate these Terms or harm the community.

Disclaimer and Liability Tutti Vacation makes no representations or guarantees about the reliability, safety, or effectiveness of the platform or its users. Use of the platform is at your own risk. Tutti disclaims liability for any claims, losses, or damages resulting from interactions between users. For additional safety recommendations, visit our Safety Center at [Insert Link].

Contact Us For questions about these Terms or our platform, please contact us at Support@TuttiVacation.com

3.3 Prohibited Uses By using the Tutti Vacation website (“Site”) or its services, you agree that you will not under any circumstances: • Use the Site, services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or objectionable based on race, gender, religion, or other protected categories. • Use the Site or services for any fraudulent or unlawful purpose, for activities unrelated to vacation rental services or community-oriented assistance, or for purposes not expressly intended by Tutti Vacation. • Harass, harm, or attempt to harm any individual or group. • Impersonate another user or use someone else’s Tutti Vacation account. • Provide false or misleading information when registering an account, using the services, or communicating with other users. • Attempt to re-register if your account has been terminated by Tutti Vacation for any reason. • Interfere or attempt to interfere with the functionality of the Site or services. • Use automated methods (such as bots or scripts) to access the Site or services, or take any action that places an excessive load on Tutti Vacation’s servers or network infrastructure. • Bypass security measures, scrape data, or otherwise manipulate or harvest information from the Site (manually or through automated methods). • Use the communication tools provided by Tutti Vacation for unsolicited commercial purposes or spam. • Publish or link to malicious content intended to harm another user’s device or experience. To protect users, Tutti Vacation reserves the right to take appropriate actions, including but not limited to limiting message volumes or restricting access to certain IP addresses. If Tutti Vacation determines that you have violated this section or any related terms, we reserve the right to terminate your account or use of the Site and services at our sole discretion. Additionally, any unauthorized use of Tutti Vacation’s content, including but not limited to scraping or misappropriating user or business information, may result in financial penalties of up to $10,000 per day and other legal remedies.

3.3 Prohibited Uses By using the Tutti Vacation website (“Site”) or its services, you agree that you will not under any circumstances: • Use the Site, services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or objectionable based on race, gender, religion, or other protected categories. • Use the Site or services for any fraudulent or unlawful purpose, for activities unrelated to vacation rental services or community-oriented assistance, or for purposes not expressly intended by Tutti Vacation. • Harass, harm, or attempt to harm any individual or group. • Impersonate another user or use someone else’s Tutti Vacation account. • Provide false or misleading information when registering an account, using the services, or communicating with other users. • Attempt to re-register if your account has been terminated by Tutti Vacation for any reason. • Interfere or attempt to interfere with the functionality of the Site or services. • Use automated methods (such as bots or scripts) to access the Site or services, or take any action that places an excessive load on Tutti Vacation’s servers or network infrastructure. • Bypass security measures, scrape data, or otherwise manipulate or harvest information from the Site (manually or through automated methods). • Use the communication tools provided by Tutti Vacation for unsolicited commercial purposes or spam. • Publish or link to malicious content intended to harm another user’s device or experience. To protect users, Tutti Vacation reserves the right to take appropriate actions, including but not limited to limiting message volumes or restricting access to certain IP addresses. If Tutti Vacation determines that you have violated this section or any related terms, we reserve the right to terminate your account or use of the Site and services at our sole discretion. Additionally, any unauthorized use of Tutti Vacation’s content, including but not limited to scraping or misappropriating user or business information, may result in financial penalties of up to $10,000 per day and other legal remedies.

4. Background and Verification Checks 4.1 Service Providers May Be Subject to Background Checks Tutti Vacation may offer optional background check services for service providers through third-party agencies. These checks, if available, are subject to consent and may involve fees. By authorizing a background check, service providers acknowledge that the results may be shared with Tutti Vacation for safety and verification purposes. However, results will only be shared with users if explicitly authorized by the service provider. 4.2 Responsibilities for Using Background Check Data All users accessing background check data must comply with relevant legal obligations, including the Fair Credit Reporting Act (FCRA). Any adverse decisions based on these reports must follow proper notification procedures, including providing individuals the opportunity to contest the accuracy of the data. 4.3 Tutti Vacation’s Use of Background Checks Tutti Vacation may review and use background check information to ensure the safety and integrity of its services. If an account is terminated based on background check results, Tutti Vacation will provide notice and the contact information of the reporting agency. Users are responsible for resolving inaccuracies directly with the agency.

4.5 Tutti Vacation May Order and Use Background Screenings About You By registering for and using the Tutti Vacation Site or Services as a Service Provider or Customer, you acknowledge and agree that Tutti Vacation may, at its discretion, use third-party consumer reporting agencies to conduct periodic background screenings (“Preliminary Screens”) on registered Service Providers. These screenings aim to protect the safety and integrity of the Site and its users and may be subject to regulations under the Fair Credit Reporting Act (“FCRA”). With your consent, Tutti Vacation may conduct these screenings during your initial registration and at other times as deemed necessary based on your continued interaction with the Site or Services (e.g., posting or updating profiles, communicating with users, or engaging in transactions). These Preliminary Screens may include information such as criminal records, employment history, and other relevant data and are considered “consumer reports” under FCRA. You understand that Tutti Vacation may review information provided by third-party agencies and reserves the right to suspend or terminate your registration based on the findings, even if such findings are later updated or corrected. If your account is terminated due to a background check result, Tutti Vacation will notify you and provide the name and contact information of the agency that generated the report. Users are responsible for addressing any inaccuracies directly with the reporting agency. BY USING THE SITE AND SERVICES, AND PROVIDING THE NECESSARY CONSENT, YOU AUTHORIZE TUTTI VACATION TO CONDUCT BACKGROUND SCREENINGS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT CONSENT TO THESE SCREENINGS, YOU SHOULD NOT USE TUTTI VACATION.

4.6 Tutti Vacation May Regularly Verify Your Identity and the Accuracy of Your Information By registering as a Service Provider or Customer, you authorize Tutti Vacation to verify your identity and ensure the accuracy of the information you provide. For this purpose, Tutti Vacation may partner with third-party service providers to perform identity and accuracy checks (“Verification Checks”). These checks may include information from national criminal databases, sex offender registries, law enforcement reports, and other publicly or privately available data. You also authorize your wireless carrier to share account and device information, if applicable, with Tutti Vacation or its service providers to assist with fraud prevention and identity verification. See our Privacy Policy for how we handle your data. Tutti Vacation reserves the right to suspend or terminate your account if any Verification Check reveals inaccuracies, violations of our Terms of Service, or other suitability concerns. While Tutti Vacation takes steps to ensure the accuracy of these checks, we do not assume responsibility for errors in third-party reports. BY USING OUR SITE AND SERVICES, YOU CONSENT TO VERIFICATION CHECKS AS DESCRIBED ABOVE. IF YOU DO NOT WISH TO PARTICIPATE IN THESE CHECKS, YOU SHOULD NOT USE TUTTI VACATION.

4.7 Important Limitations of Background and Verification Checks Tutti Vacation strives to provide a safe platform but acknowledges the inherent limitations of background and verification checks: • Jurisdictional Limitations: Background checks may not include information from all courts or jurisdictions, and some data (e.g., misdemeanors, non-registered offenses) may not be reported. • User-Provided Information: Checks rely on information provided by the individual (e.g., name, address, date of birth). Incorrect or incomplete data may impact the results. • Data Accuracy: Criminal records and other data may not always be promptly or accurately reported, and errors can occur. Tutti Vacation cannot guarantee the completeness, accuracy, or timeliness of background or verification results. Users are encouraged to exercise their own judgment when engaging with others on the platform. By accessing or using information obtained through a Background or Verification Check, you agree to comply with all applicable laws and release Tutti Vacation from any liability arising from your use of this information, including inaccuracies or omissions in the report. Tutti Vacation is not obligated to perform Background or Verification Checks on any user. Checks, when performed, are not definitive proof of a user’s suitability to provide or use services.

5. Termination Tutti Vacation reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Tutti Vacation Site and/or Services, remove your profile and/or any content posted by or about you from the Site, and/or terminate your account with Tutti Vacation, with or without notice, for any reason or no reason. This includes, but is not limited to, situations where Tutti Vacation determines that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are unsuitable for participation as a Registered User, or have misused or misappropriated Site content, including but not limited to use on a “mirrored,” competitive, or third-party site. Upon termination, Tutti Vacation is not obligated to provide you with a copy of any content posted by or about you on the Site. If your registration is terminated, Tutti Vacation has no obligation to notify you of the reason for termination. Tutti Vacation reserves the right, but not the obligation, to send a notice of such termination to other Registered Users with whom we believe you have corresponded. However, this does not constitute, nor should it be interpreted as information regarding your character, reputation, personal characteristics, or lifestyle.

6. Privacy Tutti Vacation uses the information you provide on the Site or via the Services in accordance with our Privacy Policy. For more details, please review our full Privacy Policy, which is incorporated into these Terms.

7. Links to External Sites Links from the Site to external sites, including framed external sites or advertisements, do not constitute an endorsement by Tutti Vacation of such sites or their content, products, advertising, or other materials. Tutti Vacation does not control these third-party sites or content and is not responsible for them. Such external sites are governed by their respective owners’ terms of use and privacy policies, not these Terms or Tutti Vacation’s Privacy Policy. Tutti Vacation expressly disclaims any liability arising from the use and/or viewing of links that may appear on this Site. All users agree to hold Tutti Vacation harmless from any liability that may result from the use of links that appear on the Site.

8. Payment and Refund Policy To access certain services or product offerings through Tutti Vacation, you must pay Tutti Vacation either a recurring subscription, one-time, or other fees. Additionally, you are responsible for any applicable state or local sales taxes associated with these services or product offerings. For certain users who enroll in Tutti Vacation and receive access through an employer’s benefits program, the employer may cover the subscription fees, and the user will not be responsible for the recurring subscription charges while part of the benefits program. 8.1 Billing and Payment If you sign up for a paid membership subscription or for services that include a recurring fee, you agree to pay Tutti Vacation all charges associated with the subscription or service, as outlined on the Site at the time of your payment. You also authorize Tutti Vacation, or a third-party payment processor working on our behalf, to charge your selected payment method according to the terms of your chosen subscription or service. Tutti Vacation reserves the right to correct any errors or mistakes in billing, even after payment has been received. If you purchase services with a non-recurring fee, you authorize Tutti Vacation to charge your payment provider for the selected services or products. Tutti Vacation reserves the right to establish or change fees at any time and will make reasonable efforts to inform you of any fee changes. You are responsible for all fees incurred under your account, regardless of your awareness of those fees. 8.2 Automatic Subscription Renewal and Cancellation All paid memberships and recurring services or products will continue indefinitely until cancelled by you. For subscriptions, your membership will automatically renew at the end of your chosen term for an additional period, unless otherwise specified. If you cancel your subscription during a term, you will continue to be billed until the current subscription period ends. If you cancel a subscription, you will still be billed for any cancellation fees disclosed to you at the time of subscription. 8.3 Installment Plan Options We may offer products or services (including premium subscriptions) with installment payment options. By selecting an installment plan, you agree to pay all charges associated with the subscription, service, or product, as described on the Site. If you cancel before completing all installment payments, you will still be responsible for the remaining balance. 8.4 Free Trial Offers Tutti Vacation may offer limited-time free trials. If you do not cancel before the free trial period ends, you will be charged the subscription rate for the service or product unless otherwise stated. To cancel, you must do so within 30 days to receive a refund. 8.5 Reward Points As part of your membership or promotions, we may issue reward points. These points are non-transferable, non-refundable, and have no cash value. They can be redeemed only for goods or services through the Site, and unused points may be forfeited if your membership is canceled. 8.6 Refund Policy Payments for subscriptions, services, or products are non-refundable except as stated in these Terms or as described at the time of purchase. If Tutti Vacation terminates your account based on violations or misuse, you will not be entitled to a refund for any unused portion of your purchase.

9. Release of Liability for Conduct and Disputes By using this Site or our Services, you hereby represent, understand, and expressly agree to release and hold Tutti Vacation (and Tutti Vacation’s officers, directors, shareholders, employees, parents, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, or your employer if you enrolled in Tutti Vacation through your employer’s benefits program, “Affiliates”)) harmless from any claim or controversy that may arise out of: • The actions or inactions of, or the relationship between, you and any Service Seeker, Service Provider, or other user(s) of the Site or Services that are not employed by one of our subsidiaries; and • Any information, instruction, advice, or services created by any Service Seeker, Service Provider, or other third party that appeared on, or was communicated through, the Site or Services. Tutti Vacation and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, from the above.

10. Age Restrictions Tutti Vacation is intended for people 18 or over. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately.

11. Disclaimers; Limitations; Waivers; Indemnification

11.1 No Warranty The information and materials contained on the Site, including text, graphics, information, links, or other items are provided “as is,” “as available.” Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Tutti Vacation, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Tutti Vacation DOES NOT: • (1) WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; • (2) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN Tutti Vacation; • (3) WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED; OR • (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Tutti Vacation EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, Tutti Vacation MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES OR TO EMPLOY THE SERVICES OF A PROVIDER. 11.2 Assumption of Risk While Tutti Vacation takes certain steps to help promote the safety of our Site and Services, finding services or related jobs via an online platform like ours comes with certain inherent risks. We do not provide any training, supervision, or monitoring of Service Seekers or Providers, and we cannot guarantee that all of your interactions with other Registered Users, site visitors, their families, or others associated with them, will always be 100% safe and respectful. You agree to assume all risks when using the Site and the Services, including but not limited to injury, illness, death, and all other risks associated with any online or offline interactions with users of the Site or the Services. You also agree not to rely solely on steps Tutti Vacation may take to vet or screen Service Providers or Seekers and/or their Content, or otherwise to promote the safety of the Site and Services. You further agree to take all necessary precautions when interacting with other site visitors, Registered Users, their families, and others associated with them. 11.3 Limitation of Liability Incidental Damages and Aggregate Liability. In no event will Tutti Vacation be liable for any indirect, special, incidental, or consequential damages, losses, or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked website or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Tutti Vacation, or representatives thereof, are advised of the possibility of such damages, losses, or expenses. UNDER NO CIRCUMSTANCES WILL Tutti Vacation’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID Tutti Vacation FOR THE USE OF THE SITE OR ANY SERVICES, THE AMOUNT OF $25.00. 11.4 Indemnification By agreeing to these Terms, users of the Site and Services agree to indemnify, defend, and hold harmless Tutti Vacation and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs incurred by Tutti Vacation and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post, or transmit through the Site, (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law, or (iii) any relationship or agreement formed with a Service Seeker or Provider using the Site or Services. 12. Copyright Notices/Complaints It is Tutti Vacation’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting Tutti Vacation’s copyright agent (identified below) and providing the following information: • Identification of the copyrighted work that you believe to be infringed. • Identification of the material that you believe to be infringing and its location. • Your name, address, telephone number and (if available) e-mail address. • A statement that you have a good faith belief that the complained-of use of the materials is not authorized by the copyright owner, its agent, or the law. • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf. • A signature or the electronic equivalent from the copyright holder or authorized representative. Tutti Vacation’s agent for copyright issues relating to this Site is: Copyright Manager Tutti Vacation 13. Agreement to Arbitrate 13.1 Agreement to Arbitrate This Section 13 is referred to in these Terms as the “Arbitration Agreement”. Unless you opt-out in accordance with the opt-out procedures set forth in Section 13.8 below, you agree that all claims relating to or arising out of these Terms or the breach thereof other than those expressly set out in Section 13.4, whether sounding in contract, tort, or otherwise that have arisen or may arise between you and Tutti Vacation or a Tutti Vacation Affiliate, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. This includes claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth herein. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. 13.2 Prohibition of Class and Representative Actions and Non-Individualized Relief YOU AND TUTTI VACATION AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING. EXCEPT FOR AS SET FORTH IN SECTION 13.7, UNLESS BOTH YOU AND TUTTI VACATION EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AGAINST TUTTI VACATION AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER TUTTI VACATION USERS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes. 13.3 Pre-Arbitration Dispute Resolution Tutti Vacation is always interested in resolving Disputes amicably and efficiently. Accordingly, both parties acknowledge and agree that before they commence arbitration, they will first make a good faith effort to resolve such Dispute informally. Such informal resolution requires first sending a written description of the Dispute to the other party. For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address associated with your account, if applicable, to the following address: Tutti Vacation, Inc., Attn: Legal Department, [Address]. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the Dispute; the specific relief sought; and proof of your relationship with Tutti Vacation. If the Dispute is not resolved within sixty (60) days after receipt of the written description of the notice, you and Tutti Vacation agree to follow the resolution procedures for any Dispute described in this Section 13. The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding (“Claim”). The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process. 13.4 Arbitration Procedures If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration (except as otherwise specifically provided herein) and not in courts of general jurisdiction. Arbitration will be conducted by a neutral arbitrator in accordance with the rules of National Arbitration and Mediation (“NAM”), including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions, as modified by this Arbitration Agreement. For information on NAM, please visit its website, https://www.namadr.com/. Information about NAM’s Rules and fees can be found at https://www.namadr.com/resources/rules-fees-forms/. If there is any inconsistency between the NAM Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 11. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court. If you are a Tutti Vacation registered user, any demand initiating arbitration, whether filed by You or Tutti Vacation, must include the email address you used to register with Tutti Vacation. For all U.S. residents, the arbitration shall be held (i) at a location determined under the applicable NAM rules and procedures that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon. For non-U.S. residents, the arbitration shall be held in Austin, TX (unless otherwise agreed by the parties). If the value of the relief sought is $10,000 or less you or Tutti Vacation may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Tutti Vacation subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Tutti Vacation, unless the arbitrator requires otherwise. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise and all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by law. Except for decisions in arbitrations that are joined together in a single batch as described in Section 13.7, an arbitrator shall not be bound by rulings in prior arbitrations involving different Tutti Vacation users, but is bound by rulings in prior arbitrations involving the same Tutti Vacation user to the extent required by applicable law. Notwithstanding the parties’ decision to resolve all Claims through arbitration, each party retains the right to (i) elect to have any Claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action. 13.5 Costs of Arbitration If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Tutti Vacation will pay as much of any filing and hearing fees in connection with the arbitration in excess of $250 that the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith, in which case arbitration fees (including attorneys’ fees) may be imposed upon you consistent with the arbitrator’s rules and the standard for sanctions set forth in Federal Rule of Civil Procedure 11. You are responsible for all other fees, including your own attorneys’ fees, unless the arbitration rules and/or applicable law provide otherwise. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in Section 13.7) provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge. 13.6 Confidentiality All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties. 13.7 Mass Filing Procedures To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM against Tutti Vacation within reasonably close proximity (“Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Tutti Vacation and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with Tutti Vacation and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless Tutti Vacation otherwise consents in writing, Tutti Vacation does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section 13.7. If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled. The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing. If the batching provision in this subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Tutti Vacation shall be entitled to arbitrate any claim that is a part of the Mass Filing. The results of the first batch of demands will be given to a NAM mediator selected from an initially proposed group of 5 mediators, with Tutti Vacation and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, Tutti Vacation, the mediator and the remaining claimants will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If they are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either Tutti Vacation or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in court. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither Tutti Vacation nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Opt out of arbitration under this section shall not be construed as opt out of the “Class Action Waiver.” Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

13.8 Opt-Out Procedure You may choose to reject this Arbitration Agreement by mailing a written opt-out notice (“Opt-Out Notice”) to us. For new Tutti Vacation users, the Opt-Out Notice must be postmarked no later than 30 days after the date you first use our site or services. If you are an existing Tutti Vacation user who previously accepted the Terms before the introduction of this Arbitration Agreement, the Opt-Out Notice must be postmarked no later than thirty (30) days from the effective date of this agreement. The Opt-Out Notice should be sent to Tutti Vacation, Inc., Attn: Legal Department, [Insert Address]. The Opt-Out Notice must include your name, address, phone number, email address, and any relevant account details for us to properly identify you. You must sign the Opt-Out Notice for it to be valid. This procedure is the only way to opt out of the Arbitration Agreement. If you opt out, we will not be bound by these arbitration provisions. However, opting out will allow you to pursue any claims in court instead of arbitration. 13.9 Future Changes to this Arbitration Agreement If we make any significant changes to this Arbitration Agreement in the future, such changes will take effect 30 days after posting, and will apply only to claims that have not yet been filed. You will be notified of material changes via email or a prominent notice on our website. If you fail to opt out within 30 days of such changes, you will be deemed to have accepted them.

14. Governing Law and Jurisdiction These Terms will be governed by the laws of the state in which Tutti Vacation operates, without regard to its conflict of laws principles. Any legal claims that are not subject to arbitration, as specified in Section 13, must be resolved exclusively in a state or federal court located in the state where Tutti Vacation is headquartered.
15. Consent to Electronic Communication By using our website or services, you consent to receive communications from us electronically, including notices, documents, and updates related to your account. We will notify you about important changes to your account via the email address you provide.
16. Miscellaneous Nothing in these Terms will create a partnership, joint venture, or employment relationship between you and Tutti Vacation. Neither party will have the authority to bind the other except as provided in these Terms. If any provision of these Terms is found to be invalid, the remaining provisions will remain in effect.
17. Severability If any provision of these Terms, except for Section 13, is deemed invalid or unenforceable by a court, the remaining provisions will continue in effect, and the invalid provision will be replaced with a valid provision that reflects the original intent.
18. Contact Information For questions or concerns regarding our Terms or Services, please contact Tutti Vacation at: Tutti Vacation, LLC. Attn: Legal Department 3120 Ua Noe Pl. Haiku, HI 96708

808-298-0235 Support@TuttiVacation.com Last Updated: December 11, 2024

Tutti Vacation - Last Updated: March 5, 2024 These Terms of Use are effective immediately for Tutti Vacation users who first visit or join on or after March 5, 2024, and on April 15, 2024, for all other users. IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 13. These Terms of Use (the “Terms” or “Agreement”) set forth the terms and conditions under which individuals residing in the United States may use the Tutti Vacation Site and/or the Tutti Vacation Services (as defined below). Certain Tutti Vacation Services are subject to additional policies, rules, and terms and conditions, which you may be required to agree to as a condition of using those Services (“Additional Terms”). In those cases, the applicable Additional Terms are set forth in the printed or online Service materials relating to those Services. Please read these Terms and any applicable Additional Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety regardless of whether or not you register as a user of the Site or Services (thereby becoming a “Registered User”). This Agreement contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against Tutti Vacation to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Section 13 “Agreement to Arbitrate”). Except as specifically described in Section 13, unless you opt out you will only be permitted to pursue claims or seek relief against Tutti Vacation on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding. These Terms include the Tutti Vacation Privacy Policy, which is incorporated herein. If you object to anything in these Terms, the Privacy Policy, or any applicable Additional Terms, do not use the Site or the Services. These Terms are subject to change by Tutti Vacation at any time, subject to the following notification process. We will notify you about material changes in these Terms by sending a notice to the email address registered in your account or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Material changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. You should periodically check www.tuttivacation.com/terms-of-use for updates. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions of the Terms. For purposes of these Terms, and except to the extent expressly excluded below, the “Site” shall mean www.tuttivacation.com and any other websites, web pages, mobile applications, and mobile websites operated by Tutti Vacation, Inc. (“Tutti Vacation” or “we”) in the United States that link to these Terms, and the “Services” shall mean any of the various services that Tutti Vacation provides through the Site or any other channels, including without limitation, over the telephone. The “Site” and “Services” also include certain sites and services offered through Tutti Vacation’s subsidiary, Tutti Helper, Inc. (“Tutti Helper”), to the extent explicitly described in these Terms. However, the terms “Site” and “Services” do not include or involve the following: • Websites, web pages, mobile applications, and mobile websites (and services offered through such channels) operated by Tutti Vacation’s other subsidiaries, including, without limitation, Surf Concierge, Inc., which provides the Surf Concierge service. • Websites, web pages, mobile applications, and mobile websites (and services offered through such channels) operated by Tutti Vacation that have separate terms of service that do not expressly incorporate these Terms by reference. • Third-party entities such as vacation rental properties, local businesses, or any other service providers that may use the Tutti Vacation Site or Services to market their services.

3.3 Prohibited Uses By using the Site or Services of Tutti Vacation, you agree that you will not under any circumstances: • Use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive; • Use the Site or Services for any fraudulent or unlawful purpose, for any purpose unrelated to vacation rentals or community services, or for any other purpose not expressly intended by Tutti Vacation; • Harass, abuse, or harm another person or group, or attempt to do so; • Use another user’s Tutti Vacation account; • Provide false or inaccurate information when registering an account on Tutti Vacation, using the Services, or communicating with other Registered Users; • Attempt to re-register with Tutti Vacation if your account has been terminated for any reason, or re-register in order to prevent a review from being associated with your account; • Interfere or attempt to interfere with the proper functioning of Tutti Vacation’s Services; • Make any automated use of the system, or take any action that we deem to impose or potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; • Bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data (whether manually or through automated means); • Use the communication systems provided by or contacts made on Tutti Vacation for any commercial solicitation purposes other than those expressly permitted by Tutti Vacation; • Publish or link to malicious content intended to damage or disrupt another user’s browser or computer. In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the amount of messages a user may send in any 24-hour period to an amount deemed appropriate in our sole discretion. Should Tutti Vacation find that you violated the terms of this Section or any other terms stated herein, we reserve the right, at our sole discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agree that Tutti Vacation may assess, and you will be obligated to pay, $10,000 per each day that you: (i) maintain information (including but not limited to, names, addresses, phone numbers, or email addresses) or content scraped (either directly or indirectly, manually or automatically) from the Site, or (ii) otherwise mis-use or misappropriate Site Content, including but not limited to, use on a “mirrored,” competitive, or third-party site. This obligation shall be in addition to any other rights Tutti Vacation may have under these Terms or applicable law.

4. Background and Verification Checks 4.1 Service Providers Can Order or Authorize Background Checks about Themselves and Can Authorize the Sharing of Them with Other Members Tutti Vacation offers individuals registered as Service Providers or Clients one or more background check services through third-party consumer reporting agencies (“Background Checks”). Certain checks may be available for purchase by both Clients and Service Providers, while others may only be available for purchase by one or the other. All background checks require payment by the Member initiating the request and are subject to consent from the individual on whom the check is being performed. Background checks may include, but are not limited to, criminal history, driving records, employment history, and other public records. Tutti Vacation may receive a copy of each Background Check you order or authorize. It is your responsibility to ensure the email address you provide to Tutti Vacation is correct, knowing that sensitive information will be sent to it. If you are a Service Provider and authorize a background check ordered by a Client, the results will be shared with the Client. If you have ordered a background check for yourself, the results will only be shared with you unless you authorize further distribution.

4.2 Special Responsibilities of Users of Background Check under Applicable Laws The use of any background check reports obtained through the Site is governed by applicable laws, including privacy and fair reporting laws. Users who order or access background checks must agree to comply with all legal obligations, including proper use and handling of the information provided in those reports.

4.3 Tutti Vacation May Review and Use Background Checks You Order or Authorize About Yourself By using the Site or Services as a Service Provider, and subject to your authorization, you agree that Tutti Vacation may review and use any background checks you have ordered for the purpose of protecting the safety and integrity of our Site and users. If Tutti Vacation terminates your membership based on information from a background check, we will notify you and provide you with the contact information of the consumer reporting agency that created the report.

4.4 Tutti Vacation May Perform Ongoing Background Checks Tutti Vacation reserves the right to periodically run background checks on Service Providers and Clients, using third-party consumer reporting agencies, in order to maintain the safety and integrity of our Site and Services.

SPECIAL NOTICE FOR MASSACHUSETTS AND NEW HAMPSHIRE: Criminal County Searches conducted in Massachusetts and New Hampshire as part of the Criminal Records Check and the Criminal+MVR Records Check (for individuals who are believed to have lived in one or both of these states during the seven years preceding the background check request) search only the Superior Court and a single District Court in the county seat or its equivalent for each county listed below. Criminal records (including misdemeanors and felonies) from other courts in these states will not be searched. This is an illustrative, non-comprehensive list of certain state and county limitations of the background checks offered through Tutti Vacation. Additional limitations may apply in certain jurisdictions, including on the federal level. For example, for many states, only certain registered sex offender information is reported, and for many states, only a subset of felony convictions are reported (and not any misdemeanors, charges, or arrest records). In addition to legal and reporting system limitations of background checks, each check is performed with the authorization of the person being checked, using information they provide, such as home address, social security number, date of birth, and name. If a candidate provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the criminal check. Finally, criminal records are not always reported accurately or promptly, and human and electronic error can result in inaccurate or incomplete reporting. Consequently, even the most comprehensive background check offered may not disclose the existence of all criminal records in all jurisdictions. If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to release, indemnify, and hold harmless Tutti Vacation from any loss, liability, injury, death, damage, or costs that may result from your use of, reliance on, or sharing of the information contained in a Background Check regardless of the cause, including, without limitation, due to the inaccuracy or incompleteness of any such information. You expressly acknowledge that Tutti Vacation has no obligation to perform Background Checks, Internal Background Checks, or Verification Checks on any Registered Users. To the extent Tutti Vacation performs such checks on certain Registered Users, the checks are limited and should not be taken as complete, accurate, up-to-date, or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.

5. Termination Tutti Vacation reserves the right, in its sole discretion, to immediately terminate your access to all or part of the Tutti Vacation Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your account with Tutti Vacation, with or without notice for any reason or no reason in its sole discretion, including without limitation if Tutti Vacation determines that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Registered User, have mis-used or mis-appropriated Site content, including but not limited to use on a “mirrored,” competitive, or third-party site. Upon termination, Tutti Vacation shall be under no obligation to provide you with a copy of any content posted by or about you on the Site. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination. You understand and agree that, following any termination of any individual’s use of the Site or the Services, Tutti Vacation has the right, but not the obligation, to send a notice of such termination to other Registered Users with whom we believe the individual has corresponded. Our decision to terminate an individual’s registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual’s character, general reputation, personal characteristics, or mode of living.

6. Privacy Tutti Vacation uses the information you provide on the Site or via the Services in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein.

7. Links To External Sites Links from the Site to external sites (including external sites that are framed by Tutti Vacation) or inclusion of advertisements and other third-party content on the Site, do not constitute an endorsement by Tutti Vacation of such sites or the content, products, advertising, and other materials presented on such sites or of the products and services that are the subject of such third-party content, but are for users’ reference and convenience. Tutti Vacation does not control third-party sites or content, and is not responsible for them. Such sites and content are governed by their respective owners’ terms of use and privacy policies, and not these Terms or Tutti Vacation’s Privacy Policy. Tutti Vacation expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold Tutti Vacation harmless from any liability that may result from the use of links that may appear on the Site.

8. Payment and Refund Policy In order to utilize some Tutti Vacation Services or product offerings, the user of such Services or product offerings must pay Tutti Vacation either a recurring subscription, one-time, or other fees. In addition, the user is responsible for any state or local sales taxes associated with the Services or product offerings purchased. Notwithstanding the foregoing, for certain users who enroll in Tutti Vacation and receive access to a paid membership subscription through their employer’s benefits program, the related subscription fee is paid by their employer, and the user has no obligation to pay the automatically renewing subscription fee associated with such subscription so long as the subscription remains part of the employer’s benefits program.

8.1 Billing and Payment If you sign up for a paid membership subscription, or for a Service or product that includes a recurring fee, you agree to pay Tutti Vacation all charges associated with the subscription, Service, or product you choose, as described on the Site at the time you submit your payment information. You also authorize Tutti Vacation, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of your chosen subscription, Service, or product. Tutti Vacation reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. To the extent you elect to purchase other Services or product offerings we may offer for a non-recurring fee, you authorize Tutti Vacation to charge your chosen payment provider for the Services and/or products you purchase. You agree that if Tutti Vacation already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services or products you purchase. Tutti Vacation reserves the right to establish or change fees for any or all services or goods obtained through the use of the Site and/or Services at any time. Tutti Vacation will use reasonable efforts to inform you of such fees, but you will be responsible for all fees incurred under your account regardless of your specific awareness of those fees. 8.2 Automatic Subscription Renewal and Cancellation ALL PAID MEMBERSHIP SUBSCRIPTIONS AND RECURRING FEE-BASED SERVICES OR PRODUCTS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER. FOR PAID MEMBERSHIP SUBSCRIPTIONS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF YOUR CHOSEN TERM PERIOD FOR AN ADDITIONAL EQUIVALENT PERIOD AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU ON THE SITE WHEN YOU ORIGINALLY SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED. IF YOU CHOOSE A SUBSCRIPTION TERM IN EXCESS OF ONE MONTH THAT ALLOWS YOU TO BE CHARGED MONTHLY OVER THE SUBSCRIPTION PERIOD, AND YOU DECIDE TO CANCEL YOUR SUBSCRIPTION DURING THE SUBSCRIPTION PERIOD, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL CONTINUE TO BE BILLED FOR THE SUBSCRIPTION ON A MONTHLY BASIS UNTIL THE END OF THE THEN-CURRENT SUBSCRIPTION TERM. For other Services or products with recurring fees, you will be charged the fee associated with such product or service at the interval specified at the time of purchase, until you expressly cancel the Service or product. 8.3 Installment Plan Options From time to time, we may offer products or Services (including but not limited to premium subscriptions) that include an option to pay some or all of the applicable fees in installments. In the case of recurring subscriptions, the installment payment option may apply only to the initial subscription term, and not to any renewal or recurring terms or payments. By selecting an installment payment option, you agree to pay Tutti Vacation all charges associated with the subscription, Service, or product you purchase, as described on the Site at the time you submit your payment information. You also authorize Tutti Vacation, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of your chosen installment plan.

13.9 Future Changes to this Arbitration Agreement Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any material change to this Arbitration Agreement in the future, such change shall not be effective until 30 days from the date of posting, and shall not apply to any claim that was filed in a legal proceeding against Tutti Vacation prior to the effective date of the change, but will apply to all claims not yet filed regardless of when such claims may have accrued. If Tutti Vacation changes this Arbitration Agreement, any failure to opt out within 30 days of such changes will be deemed acceptance of those changes. 14. Governing Law and Jurisdiction These Terms, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Delaware, including Delaware’s statutes of limitations governing your claim, without giving effect to its principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 13, the Arbitration Agreement. Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Tutti Vacation must be resolved exclusively by a state or federal court located in the State of Delaware. You and Tutti Vacation agree to submit to the personal jurisdiction of the courts located within the State of Delaware for the purpose of litigating all such claims or disputes. 15. Consent to Electronic Communication By using the Site or Services of Tutti Vacation, you agree to allow Tutti Vacation to communicate with you electronically, and you consent to electronic delivery of notices, documents, or products (including, without limitation, reports or copies of Background Checks and Preliminary Membership Screens) from Tutti Vacation via the Tutti Vacation Site, Services, mobile application, online messaging platform, or e-mail. You also agree to check your Tutti Vacation account, alerts, and messages, and the e-mail account reflected on your Tutti Vacation (which you are also required to keep updated) on a reasonably regular basis to stay apprised of important notices and information about your account. 16. Miscellaneous Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way affect the validity, legality or enforceability of any other term or provision of these Terms. Each Affiliate (as defined in Section 1.2) is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. 17. Severability If a court decides that any term or provision of these Terms other than Section 13 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. 18. Contact Information If you have any questions or need further information as to the Site or Services provided by Tutti Vacation, or need to notify Tutti Vacation as to any matters relating to the Site or Services, please contact Tutti Vacation at: Copyright Agent Tutti Vacation, LLC. Attn: Legal Department 3120 Ua Noe Pl. Haiku, HI 96708