Terms of Service

Effective Date: September 2, 2026

Last Updated: September 2, 2026

PLEASE READ THESE TERMS CAREFULLY. SECTION 20 CONTAINS A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER. THEY AFFECT HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED AND LIMIT THE REMEDIES AVAILABLE TO YOU. YOU MAY OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS AS DESCRIBED IN SECTION 20.9.

These Terms of Use (the “Terms”) are a binding agreement between you and Fandelay Industries, LLC, a Florida limited liability company (“HomeAway,” “we,” “us,” or “our”). They govern your access to and use of the HomeAway mobile application (the “App”), the website at https://homeaway.app (the “Site”), and all related features, content, and services (together, the “Services”).

1. Acceptance of These Terms

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SERVICES, OR BY CLICKING TO ACCEPT THESE TERMS, YOU AGREE TO BE BOUND BY THEM AND BY OUR PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

If you accept these Terms on behalf of a business or other entity, you represent that you have authority to bind that entity, and “you” means that entity.

2. Eligibility

To use the Services you must:

  • be at least eighteen (18) years of age;
  • be located in the United States;
  • have the legal capacity to enter into a binding contract; and
  • not be barred from using the Services under the laws of the United States or any other applicable jurisdiction, and not appear on any United States government list of prohibited or restricted parties.

The Services are offered only in the United States. We make no representation that the Services are appropriate or available for use elsewhere. If you access them from outside the United States, you do so on your own initiative and at your own risk.

By using the Services you represent and warrant that each of the statements above is true. We may suspend or terminate any account we believe does not meet these requirements.

3. Your Account

3.1 Registration

Certain features require an account. You may register with an email address and a password, or through a supported third-party login provider (Google, Facebook, X, Yahoo, or Apple). You agree to provide accurate and complete information and to keep it current.

3.2 Account Security

You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us immediately at support@homeaway.app if you learn of any unauthorized use. We are not liable for any loss arising from unauthorized use of your account, except to the extent caused by our own failure to use reasonable care.

3.3 Email Verification

We may require you to verify your email address. Accounts that are not verified may be suspended or terminated.

3.4 Account Tiers

The Services are offered on a free tier and on a paid HomeAway Premium tier. Section 5 governs Premium.

3.5 Roles Within Social Features

Clubs, trips, and similar social features have administrators. The user who creates a club or trip is its administrator and may grant administrator rights to other members. Administrators can create and manage chat channels, meets, bulletin boards, club games, and similar records within that feature, and can admit or remove members.

An administrator acts on their own behalf and not on ours. We do not control, endorse, or assume responsibility for how an administrator manages a club, trip, or its members or content. If you are an administrator, you are responsible for your own conduct and for complying with these Terms.

3.6 One Account Per Person

You may maintain one account. You may not sell, transfer, license, or assign your account, and you may not create an account using another person’s identity or a false identity.

3.7 Referral Codes and Automatic Connections

When you redeem another user’s referral code, or when another user redeems yours, a friendship connection is automatically created between the two accounts. Both users will appear in each other’s friends list and will be able to see each other’s display name, profile photo, and other profile information that is visible to friends. You may remove the friendship at any time through the App.

3.8 Club Codes

Club administrators may create a unique code for their club. Any user who enters this code — during signup or within the App — will be added directly to the club as a member. By entering a club code, you consent to joining that club and to having your display name and profile information visible to other club members.

Users may generate shareable invite links for clubs, trips, contests, and other activities within the App. When you tap such a link and visit our website, the website places a short one-time token on your device clipboard when you tap the download button or the “I already have the app” button. When you subsequently open the App, it reads your clipboard to detect this token. If a valid token is found, you are automatically added to the associated activity — the same as if you had been invited by email or entered a club code. The token is cleared from your clipboard immediately after processing. If you deny clipboard access (iOS) or the token is no longer on your clipboard, you will not be auto-joined, but you can still be invited through other methods.

4. The Services

HomeAway is a stadium companion application. It provides tips and information about venues, lets you rate and record your own experiences, plan trips, create and play in free-to-play fantasy contests, join social clubs or join clubs using invite codes or invite links, connect with other users, send direct messages, and view public content posted by others.

We may add, change, suspend, or discontinue any part of the Services at any time, with or without notice. We are not liable to you for doing so, except as expressly provided in Section 5.6 for Premium subscribers.

The Services are provided for entertainment and informational purposes only. Venue information, schedules, statistics, seating details, and similar content may be inaccurate, incomplete, or out of date, including content supplied by third-party data providers. Verify anything that matters — game times, ticketing, venue policies, or travel arrangements — directly with the venue or the official source.

5. HomeAway Premium — Subscriptions, Billing, and Cancellation

5.1 What Premium Includes

HomeAway Premium removes third-party behavioral advertising served by Google AdMob and provides increased image uploads for features supporting featured images in display cards, unlimited image uploads for scrapbooking, automated fantasy contest creation, and a verified check on your user display name. We may add to or modify the Premium feature set over time.

Promoted business placements within the Suggested Places feature are curated by HomeAway, are not third-party behavioral advertising, and remain visible to all users regardless of subscription tier.

5.2 Price and Term

HomeAway Premium is $6.99 per month, following a one (1) month free trial for eligible new subscribers. The subscription renews automatically each month at the then-current price until you cancel. Prices are in United States dollars and exclude any applicable taxes.

5.3 How You Are Billed

All subscription payments are processed by Apple or by Google, not by us. When you subscribe, you are charged to the payment method on file with your Apple ID or Google Play account. Your subscription is governed by the applicable platform’s terms in addition to these Terms. We never receive or store your payment card number.

Unless you cancel at least twenty-four (24) hours before the end of the current period, your subscription renews and your account is charged within twenty-four hours before the end of that period.

5.4 Free Trial

The free trial is available once per user and once per Apple ID or Google Play account. If you do not cancel before the trial ends, the trial converts automatically into a paid monthly subscription and you will be charged $6.99. Any unused portion of a free trial is forfeited when you purchase a subscription.

5.5 How to Cancel

Cancel through the platform you subscribed on. We cannot cancel a subscription for you.

  • iOS: Settings > [your name] > Subscriptions > HomeAway > Cancel Subscription.
  • Android: Google Play Store > Menu > Subscriptions > HomeAway > Cancel.

Cancellation takes effect at the end of the current billing period. You keep Premium access through the end of the period you have paid for.

5.6 Refunds

Fees are non-refundable except where required by law or where Apple or Google grants a refund under its own policies. We do not provide refunds or credits for partial billing periods, for periods in which you did not use the Services, or for features that change during your subscription. Because Apple and Google process the payments, refund requests must be directed to them:

  • Apple: reportaproblem.apple.com
  • Google Play: play.google.com/store/account/subscriptions

5.7 Price Changes

We may change the subscription price. We will give you notice of a price change at least thirty (30) days before it takes effect, and the new price will apply only to billing periods beginning after that notice. If you do not agree, cancel before the change takes effect. Continuing the subscription after the effective date is acceptance of the new price.

5.8 Business Customers

Charges for services purchased outside the subscription ecosystem, including promotional placement for establishments and advertising, are invoiced separately and processed through Intuit QuickBooks.

5.9 Automatic Renewal Disclosures

This Section 5 is intended to satisfy the automatic-renewal disclosure requirements of California Business and Professions Code sections 17600 through 17606 and Florida Statutes section 501.165, and comparable laws of other states. You are enrolling in a subscription that renews automatically every month at $6.99 until you cancel. You may cancel at any time by the methods in Section 5.5.

6. Your Content

6.1 You Own It

You retain ownership of the content you submit, including scorecards, scrapbook entries, photographs, posts, comments, reviews, ratings, and messages (“Your Content”). These Terms do not transfer ownership of Your Content to us.

6.2 The License You Grant Us

By submitting Your Content, you grant HomeAway a non-exclusive, worldwide, royalty-free, fully paid, transferable, and sublicensable license to host, store, reproduce, modify (for formatting and display), adapt, publish, publicly display, publicly perform, and distribute Your Content, solely for the purposes of operating, providing, improving, promoting, and securing the Services, and publishing scorecard content on homeaway.app as review content. This license continues for as long as Your Content remains on the Services and, for content published on the Site, as described in Section 6.4.

You also grant every other user of the Services a non-exclusive license to access and use Your Content as permitted by the functionality of the Services.

6.3 Content That Is Public

Stadium scorecards and the images attached to them are public by nature. They may be visible to other users and may be published on homeaway.app. Your display name and profile information are visible to other users. If you enable the public check-in setting, other users can see which games you attended. Do not post anything you are not prepared to have seen publicly.

6.4 Deleting Your Content

You may delete individual records through the context menus in the App, and you may delete your account from the Settings screen. If you delete a scorecard, or delete your account, and that scorecard has been published on homeaway.app, we will remove it from the Site within thirty (30) calendar days.

Content you have shared with others may persist. Copies may remain in other users’ devices or records, in messages you sent, in aggregated or deidentified form, in our backups until they expire on the schedule in our Privacy Policy, and in the caches or indexes of search engines and other third parties we do not control.

6.5 Your Representations

For all of Your Content, you represent and warrant that:

  • you own it or have all rights and permissions necessary to grant the licenses in this Section;
  • it does not infringe or misappropriate any copyright, trademark, trade secret, patent, right of publicity, or other right of any person;
  • every identifiable person appearing in it has consented to its posting and to the licenses granted here;
  • it does not violate these Terms or any applicable law; and
  • it is not confidential and you have no expectation of confidentiality in it.

6.6 We Are Not Obligated to Monitor

We have no obligation to monitor Your Content or any user content, but we may do so. We may remove, refuse, restrict, or disable access to any content, at any time, for any reason or no reason, without notice and without liability. Our exercise or non-exercise of that discretion does not make us the publisher or speaker of any user content or waive any protection available to us, including under 47 U.S.C. section 230.

7. Acceptable Use

You agree that you will not, and will not attempt to, and will not permit anyone else to:

  • Use the Services for any unlawful purpose or in violation of any law, rule, or regulation.
  • Harass, bully, threaten, stalk, intimidate, defame, or abuse any person, or engage in hate speech or conduct targeting a person or group on the basis of race, ethnicity, national origin, religion, sex, gender, gender identity, sexual orientation, disability, age, or veteran status.
  • Post or transmit content that is obscene, pornographic, sexually explicit, violent, gratuitously graphic, or that sexualizes or endangers a minor.
  • Impersonate any person or entity, misrepresent your affiliation with any person or entity, or use a false identity.
  • Post content that infringes or misappropriates any intellectual property or other right of a third party.
  • Send spam, chain messages, pyramid schemes, or unsolicited commercial messages, or use the Services to advertise or promote goods or services without our prior written consent.
  • Collect, harvest, or store information about other users, whether manually or by automated means.
  • Use any robot, spider, scraper, crawler, or other automated means to access the Services or extract data from them, or bypass any robots.txt or comparable measure.
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App or any part of the Services, except to the limited extent that applicable law expressly permits it notwithstanding this restriction.
  • Copy, modify, distribute, sell, lease, sublicense, or create derivative works of the Services or any part of them.
  • Interfere with, disrupt, overload, or impair the Services, our servers, or our networks, or circumvent any security, rate-limiting, authentication, or access-control measure, including Firebase App Check or our security rules.
  • Introduce any virus, worm, malware, or other harmful code.
  • Falsify a stadium check-in, spoof or simulate your device location, or otherwise manipulate location data.
  • Manipulate a fantasy contest, collude with other participants, use multiple accounts to gain an advantage, or use any automated tool to enter or play a contest.
  • Post false, misleading, or fraudulent reviews, ratings, or scorecards, or accept anything of value in exchange for posting or removing a review or rating.
  • Access the Services through another user’s account, or share your credentials.
  • Use the Services to gamble, to place or accept a wager, or to solicit or transmit anything of value in connection with any contest offered through the Services.
  • Remove, obscure, or alter any notice of copyright, trademark, or other proprietary right.
  • Use the Services in any manner that could damage, disable, or impair them, or interfere with any other user’s enjoyment of them.

8. Content Moderation, Reporting, and Enforcement

We use a combination of automated screening and human review. Uploaded images are screened automatically through Google Cloud Vision for prohibited content, and flagged items may be blocked or queued for review. Users may report content and other users through the in-app reporting tools, and reports are reviewed by our moderation team.

When we find a violation, we may, in our sole discretion and in any combination: remove or restrict content; issue a warning; limit account features; suspend the account temporarily; or terminate the account permanently, at any time and without prior notice. Accounts may also be suspended automatically where repeated moderation flags or user reports indicate abuse, or where email verification is not completed.

Repeat infringer policy. Consistent with 17 U.S.C. section 512(i)(1)(A), we have adopted and will reasonably implement a policy providing for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright.

9. Fantasy Contests

The App offers fantasy contests. These contests are free to play and are offered for entertainment only.

  • There is no entry fee, no purchase, and no other consideration required to enter or play.
  • No real money or thing of value is wagered, and no real money or prize of value is awarded.
  • The contests are not gambling, are not a lottery, and are not a sweepstakes.

Any score, ranking, badge, or standing has no monetary value, is not property, cannot be redeemed for cash or anything of value, and may be modified or eliminated by us at any time.

You may not use the contests to place, accept, facilitate, or settle any wager, and you may not use the Services to organize or administer any pool involving money or anything of value.

10. Location Services

Stadium check-in and proximity-based sorting require access to your device location. We collect precise location only while the App is in the foreground and only after you grant permission, and we do not collect location in the background. You may withdraw permission at any time in your device settings; doing so disables check-in and proximity sorting but does not otherwise limit your use of the App.

If you enable the public check-in setting, other users can see which games you attended. That setting is yours to control and you may turn it off at any time.

Location data can be imprecise. Do not rely on the Services for navigation, for emergency purposes, or for anything where an inaccurate location could cause harm.

11. Advertising and Third-Party Content

The free tier of the App displays advertising served by Google AdMob. Advertisements are provided by third parties. We do not endorse, verify, or assume responsibility for any advertisement or for the goods and services they describe. Any dealing you have with an advertiser is solely between you and that party.

Promoted business placements within the Suggested Places feature are curated by HomeAway. These placements are visible to all users regardless of subscription tier and are identified as promoted content.

The Services incorporate data from third-party providers, including venue, schedule, and sports statistics feeds. That information is provided as-is and may be inaccurate or out of date.

The Services may link to third-party websites and services. We do not control them and are not responsible for their content, terms, or privacy practices.

12. Our Intellectual Property

The Services, and all software, source code, designs, text, graphics, layouts, user interfaces, compilations, and other content we provide, together with all intellectual property rights in them, are owned by HomeAway or our licensors and are protected by United States and international copyright, trademark, trade dress, patent, and other laws.

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use one copy of the App on a device you own or control, and to access the Site, solely for your own personal, non-commercial use. All rights not expressly granted are reserved.

“HomeAway,” “HomeAway.app,” and our logos and other marks are trademarks or service marks of Fandelay Industries, LLC. You may not use them without our prior written permission.

Feedback. If you send us suggestions, ideas, or feedback about the Services, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use it for any purpose, without compensation or attribution to you.

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. section 512.

13.1 Designated Agent

Send notices of claimed infringement to our designated agent:

Evan Caruso, Designated DMCA Agent Fandelay Industries, LLC 5443 Sunseeker Blvd, Greenacres, Florida 33463 Email: info@fandelayindustries.com DMCA Registration Number: DMCA-1079156

13.2 What a Notice Must Contain

To be effective under 17 U.S.C. section 512(c)(3), a notice must be a written communication that includes substantially the following:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are covered;
  • identification of the material claimed to be infringing and information reasonably sufficient to let us locate it;
  • information reasonably sufficient to let us contact you, including an address, telephone number, and email address if available;
  • a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner.

A person who knowingly materially misrepresents that material is infringing may be liable for damages, including costs and attorneys’ fees, under 17 U.S.C. section 512(f).

13.3 Counter-Notification

If your content was removed and you believe the removal was a mistake or misidentification, you may send our designated agent a counter-notification containing the elements required by 17 U.S.C. section 512(g)(3), including your name, address, and telephone number, identification of the removed material and where it appeared, a statement under penalty of perjury of your good faith belief that it was removed by mistake or misidentification, and your consent to the jurisdiction of the United States District Court for the judicial district in which your address is located and your agreement to accept service of process from the complaining party.

If we receive a valid counter-notification, we will forward it to the complaining party and may restore the material in not less than ten (10) and not more than fourteen (14) business days, unless the complaining party first notifies us that it has filed an action seeking a court order restraining you.

13.4 Repeat Infringers

We will terminate, in appropriate circumstances, the accounts of users who are repeat infringers.

14. Interactions With Other Users

The Services let you connect and communicate with other users through clubs, trips, meets, bulletin boards, and direct messaging. You are solely responsible for your interactions with other users.

We do not screen or conduct background checks on users. We make no representation about the identity, conduct, or suitability of any user. Use caution when interacting with anyone you have not met, and do not share sensitive personal or financial information. If you arrange to meet another user in person, do so at your own risk.

We are not a party to and assume no responsibility for any dispute between users. You release HomeAway from any claim arising out of a dispute with another user. If you are a California resident, you waive California Civil Code section 1542, which reads: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

15. Termination

15.1 By You

You may stop using the Services at any time and may delete your account from the Settings screen in the App. Deleting your account does not cancel your subscription. Cancel your subscription separately through Apple or Google as described in Section 5.5, or you will continue to be charged.

15.2 By Us

We may suspend or terminate your account or your access to the Services at any time, with or without notice, if we believe you have violated these Terms or engaged in conduct harmful to other users, to us, or to third parties, or if we are required to do so by law. We may also discontinue the Services entirely.

15.3 Effect of Termination

On termination, your license to use the Services ends immediately. No refund is due for any unused portion of a subscription except as required by law or granted by Apple or Google. Sections 6.2 (as to content already published), 6.5, 12, 14, 16, 17, 18, 20, and 21 survive termination, together with any other provision that by its nature should survive.

16. Disclaimer of Warranties

THE SERVICES, INCLUDING ALL CONTENT, DATA, AND MATERIALS AVAILABLE THROUGH THEM, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, HOMEAWAY AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY CONTENT, INCLUDING VENUE INFORMATION, SCHEDULES, STATISTICS, LOCATION DATA, AND USER CONTENT, IS ACCURATE, COMPLETE, RELIABLE, OR CURRENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

WE ASSUME NO RESPONSIBILITY FOR ANY USER CONTENT OR FOR THE CONDUCT OF ANY USER, WHETHER ONLINE OR OFFLINE.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you. In that case, the exclusions apply to the fullest extent permitted by law.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HOMEAWAY OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

These limitations apply even if a limited remedy fails of its essential purpose, and they form an essential basis of the bargain between us. Without them, the Services could not be offered on the terms described here.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud, for fraudulent misrepresentation, or for death or personal injury caused by negligence.

18. Indemnification

You agree to defend, indemnify, and hold harmless HomeAway and its members, managers, officers, employees, agents, successors, and assigns from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way relating to:

  • your access to or use of the Services;
  • Your Content;
  • your violation of these Terms or of any representation or warranty you make in them;
  • your violation of any law or of the rights of any third party, including any intellectual property, privacy, or publicity right; or
  • your interactions or disputes with any other user or third party.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense. You will not settle any matter that imposes any obligation or admission on us without our prior written consent. This Section survives termination.

19. Apple and Google

The following applies to the extent you obtained the App from the Apple App Store:

  • These Terms are between you and HomeAway only, not with Apple. HomeAway, not Apple, is solely responsible for the App and its content.
  • Your license to use the App is limited to a non-transferable license to use it on an Apple-branded device you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
  • Apple has no obligation to furnish any maintenance or support for the App.
  • If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
  • Apple is not responsible for addressing any claim by you or any third party relating to the App, including product liability claims, claims that the App fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or privacy law.
  • Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the App infringes intellectual property rights.
  • You represent that you are not located in a country subject to a United States Government embargo or designated as a “terrorist supporting” country, and that you are not on any United States Government list of prohibited or restricted parties.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you.

If you obtained the App from Google Play, your use is also subject to the Google Play Terms of Service, and Google is not a party to these Terms and has no responsibility for the App.

20. Dispute Resolution — Informal Resolution, Arbitration, and Waivers

READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND HOMEAWAY TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT, AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT WITHIN THIRTY (30) DAYS UNDER SECTION 20.9.

20.1 Scope

“Dispute” means any claim, controversy, or dispute between you and HomeAway arising out of or relating to these Terms, the Privacy Policy, the Services, or the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before, during, or after the termination of these Terms. “Dispute” does not include the claims carved out in Section 20.3.

20.2 Informal Resolution Is Required First

Before commencing arbitration or any other proceeding, the party raising a Dispute must first give the other party written notice and attempt in good faith to resolve it informally for sixty (60) days.

A notice from you must be sent to Fandelay Industries, LLC, 5443 Sunseeker Blvd, Greenacres, FL 33463, or by email to support@homeaway.app, and must include your name, the email address associated with your account, your mailing address, a description of the Dispute, and the relief you seek. A notice from us will be sent to the email address associated with your account. The party giving notice must be personally available for a telephone or videoconference settlement discussion during the sixty-day period, and, if the party is represented by counsel, counsel must attend with the party.

The sixty-day period tolls any applicable statute of limitations. Compliance with this Section is a condition precedent to commencing arbitration, and either party may seek to enforce it in court. An arbitration demand filed before this Section is satisfied may be dismissed or stayed, and the arbitration provider may not assess fees against the other party until it is satisfied.

20.3 Exceptions

This Section 20 does not apply to, and either party may bring in court:

  • an individual action in small claims court, so long as it remains an individual action in that court and seeks only relief available there;
  • an action seeking temporary or preliminary injunctive relief to prevent or stop the infringement, misappropriation, or violation of intellectual property rights, or unauthorized access to or misuse of the Services; and
  • any claim that applicable law provides may not be arbitrated.

20.4 Agreement to Arbitrate

If informal resolution does not resolve a Dispute, you and HomeAway agree that the Dispute will be resolved exclusively by final and binding individual arbitration, and not in court, except as provided in Section 20.3.

This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. sections 1 and following. Questions of arbitrability, and any dispute about the formation, existence, scope, interpretation, applicability, enforceability, or validity of this Section, are for a court of competent jurisdiction to decide, except that the arbitrator decides whether a particular claim falls within the scope of this Section once arbitrability is established.

20.5 Arbitration Rules and Forum

Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect when the demand is filed, as modified by these Terms. The rules and forms are at www.adr.org or by calling 1-800-778-7879. If the AAA is unavailable or declines to administer the arbitration consistent with this Section, the parties will agree on a substitute provider or, failing agreement, a court will appoint one.

A single arbitrator will be selected under the AAA rules. The arbitration will be conducted in English. Unless the parties agree otherwise, any hearing will be held by telephone or videoconference, or, if an in-person hearing is required, in the county where you reside or at another mutually agreed location.

The arbitrator may award any individual relief that a court could award under applicable law, including statutory damages and, where authorized by statute, attorneys’ fees. The arbitrator’s award is final and binding, and judgment on it may be entered in any court of competent jurisdiction. The arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions.

20.6 Arbitration Costs

Payment of filing, administration, and arbitrator fees is governed by the AAA Consumer Arbitration Rules, which cap the consumer’s share. If the arbitrator finds that your claim is not frivolous and was not brought for an improper purpose, we will pay the portion of the AAA fees allocated to you for a claim seeking $10,000 or less. Each party otherwise bears its own attorneys’ fees and costs, except where a statute or the arbitrator’s award provides otherwise.

20.7 Class Action Waiver

YOU AND HOMEAWAY EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON THAT PARTY’S INDIVIDUAL CLAIM.

If this Section 20.7 is found unenforceable as to a particular claim or request for relief, that claim or request must be severed and brought in court, and the remaining claims proceed in arbitration. If this Section 20.7 is found unenforceable in its entirety, then Section 20.4 is void in its entirety, and Sections 20.8 and 21.1 govern.

20.8 Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND HOMEAWAY EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES. THIS WAIVER APPLIES WHETHER OR NOT THE CLAIM IS SUBJECT TO ARBITRATION.

20.9 Your Right to Opt Out of Arbitration

You may opt out of Sections 20.4 through 20.7 by sending written notice within thirty (30) days after you first accept these Terms. The notice must include your name, the email address associated with your account, your mailing address, and a clear statement that you wish to opt out of the arbitration agreement. Send it to Fandelay Industries, LLC, 5443 Sunseeker Blvd, Greenacres, FL 33463, or by email to support@homeaway.app.

Opting out has no effect on your account or your use of the Services, and we will not retaliate against you for doing so. If you opt out, Section 21.1 governs any Dispute. Opting out of arbitration does not opt you out of the jury trial waiver in Section 20.8.

20.10 Changes to This Section

If we materially change this Section 20 after you accept these Terms, you may reject the change by written notice within thirty (30) days, in which case the version of Section 20 in effect immediately before the change governs Disputes between us.

20.11 Time to Bring a Claim

Any Dispute must be commenced within one (1) year after it arises, or it is permanently barred, unless applicable law provides a shorter period or prohibits shortening the limitations period, in which case the shortest permitted period applies.

20.12 Survival

This Section 20 survives termination of these Terms and closure of your account.

21. Governing Law and Venue

21.1 Governing Law

These Terms and any Dispute are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs Section 20. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

If you are a consumer residing in a state whose law grants you protections that cannot be waived by contract, nothing in this Section deprives you of those protections.

21.2 Venue

For any Dispute not subject to arbitration, and for any action to compel arbitration or to enforce or vacate an arbitral award, you and HomeAway consent to the exclusive jurisdiction and venue of the state courts located in Palm Beach County, Florida, and the United States District Court for the Southern District of Florida. Each party waives any objection to those courts based on lack of personal jurisdiction, improper venue, or forum non conveniens.

22. Changes to These Terms

We may modify these Terms. When we do, we will revise the “Last Updated” date and post the revised Terms in the App and on the Site. If the changes are material, we will provide at least thirty (30) days’ notice before they take effect, by in-app notice, by email to the address associated with your account, or both.

Your continued use of the Services after the effective date of revised Terms constitutes acceptance of them. If you do not agree, stop using the Services and delete your account before the effective date. Changes do not apply retroactively to any Dispute of which we had notice before the effective date. Section 20.10 governs changes to the arbitration agreement.

23. General

23.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms applicable to a particular feature, constitute the entire agreement between you and HomeAway regarding the Services, and supersede all prior or contemporaneous understandings on that subject.

23.2 Severability

If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions remain in full force. Section 20.7 governs the consequence of an unenforceable class action waiver.

23.3 No Waiver

Our failure to enforce any provision is not a waiver of it. A waiver is effective only if in writing and signed by an authorized representative of HomeAway.

23.4 Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent, and any attempt to do so is void. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets.

23.5 No Third-Party Beneficiaries

These Terms create no third-party beneficiary rights, except that Apple and its subsidiaries are third-party beneficiaries as stated in Section 19.

23.6 Relationship

No agency, partnership, joint venture, employment, or franchise relationship is created by these Terms.

23.7 Notices

We may give you notice by email to the address associated with your account, by in-app notice, or by posting on the Site. You consent to receive notices electronically, and you agree that electronic notices satisfy any legal requirement that a notice be in writing. Notices to us must be sent to Fandelay Industries, LLC, 5443 Sunseeker Blvd, Greenacres, FL 33463, or by email to support@homeaway.app.

23.8 Force Majeure

We are not liable for any delay or failure to perform caused by circumstances beyond our reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, governmental action, power or telecommunications failures, denial-of-service attacks, or failures of third-party services on which the Services depend.

23.9 Export Controls

You agree to comply with all applicable United States export control and sanctions laws in your use of the Services.

23.10 Headings and Interpretation

Headings are for convenience only. “Including” means “including without limitation.” These Terms will not be construed against the drafting party.

23.11 Contact

Fandelay Industries, LLC d/b/a HomeAway 5443 Sunseeker Blvd, Greenacres, Florida 33463 Email: support@homeaway.app