Vacasa WiFi Terms and Conditions of Service

Date last modified: October 12, 2021

These Terms and Conditions of Service (these "Terms") apply to the use of WiFi services provided by Vacasa (such WiFi Services the "VACASA WiFi"). Please review these Terms carefully before using VACASA WiFi.

The VACASA WiFi is offered by Vacasa LLC, or the Vacasa LLC subsidiary or affiliate that manages the property at which this VACASA WiFi is offered ("Vacasa," "we," "our" or "us"). The terms "you" and "your" refer to anyone who accesses or uses VACASA WiFi.

By using or accessing the VACASA WiFi in any manner, you agree to comply with and be legally bound by these Terms, as they exist at the time of the use or access. IF YOU DO NOT AGREE TO ALL OF THESE TERMS WITHOUT MODIFICATION, THEN YOU MAY NOT ACCESS OR USE VACASA WIFI. We may change, add to, or otherwise modify these Terms in the future without prior notice. We will list the date of the last revision to these Terms at the top of this page, and any revisions will take effect upon posting. You agree that your continued use of or access to VACASA WiFi after any revision constitutes your acceptance of the revised version of these Terms.

You may not access or use VACASA WiFi if you are not at least 13 years of age.

If you use VACASA WiFi to access Vacasa websites or other services, the terms of use and other agreements governing those websites and other services shall also apply.

Prohibited Activity

You may not use or access VACASA WiFi in violation of any applicable law or regulation or in any manner that impinges on the rights of others. Prohibited uses of VACASA WiFi include, without limitation, the uses listed below. In connection with the use of or access to VACASA WiFi, you agree not to do any of the following:

• use false or fraudulent information to log onto VACASA WiFi;
• use or attempt to use VACASA WiFi to violate, circumvent, or infringe the rights of Vacasa or any other person or entity, including without limitation any intellectual property, contract, privacy, or publicity right;
• use VACASA WiFi in any manner that is unlawful, threatening, abusive, libelous or defamatory, obscene, indecent, or sexually explicit, that discriminates or promotes discrimination against any individual or group, or that promotes illegal activities;
• browse or download illegal content, including but limited to the use of bittorrent and illegal content streaming websites;
• create or transmit viruses, worms, Trojan horses, time bombs, corrupted files, spam, or any other software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of VACASA WiFi or any other computer software or hardware;
• attempt, through any means, to gain access to unauthorized areas of VACASA WiFi;
• use or attempt to use any means or method, including without limitation any robot, scraper, spider, or any other automatic device or manual process, to monitor or copy any content transmitted via VACASA WiFi or obtain information about other users of VACASA WiFi;
• take any action that imposes an unreasonable or disproportionately large load on VACASA WiFi;
• take any action that could create liability for us or cause us to lose any of the services of our business partners, vendors or suppliers;
• take any action that would cause us to violate any applicable law, statute, ordinance or regulation; or
• solicit, encourage, or assist any person in doing, or attempting to do, any of the foregoing actions.

Registration; Receipt of Communications

You may be required to register or provide certain information to access VACASA WiFi. During such registration, you agree to submit accurate and complete information and to update such information as required from time to time. If we suspect that your information is untrue, inaccurate, out-of-date, or incomplete, we may suspend or terminate your access to VACASA WiFi or request additional information from you. By registering, you agree that you understand you may receive communications from Vacasa. You can unsubscribe from communications at any time using the unsubscribe links in the footers of any emails you may receive.

Privacy and Security

WiFi services are not inherently secure and we do not guarantee that VACASA WiFi is secure. We do not control and are not responsible for any content, data, services, or products that you view, access, or download using VACASA WiFi. Our Privacy Policy, which is located at vacasa.com/policies, applies to your use of VACASA WiFi.

You agree to notify us immediately of any unauthorized use of VACASA WiFi or any other breach of security that is known or suspected by you.

If you use the VACASA WiFi for illegal browsing or downloading or other illegal activity, or we reasonably believe that you have used VACASA WiFi for such purposes, we may provide information about you to legal authorities or service providers.

Disclaimer

YOU AGREE THAT USE OF VACASA WIFI IS AT YOUR SOLE RISK. VACASA WIFI IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT VACASA WIFI WILL MEET YOUR REQUIREMENTS, BE AVAILABLE, SECURE, OR RELIABLE OR THAT VACASA WIFI WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE. THERE IS NO GUARANTEE OF ANY MINIMUM DATA TRANSFER SPEED. WE HAVE NO RESPONSIBILITY FOR ANY THIRD-PARTY NETWORKS, SITES OR CONTENT YOU MAY ACCESS THROUGH VACASA WIFI. WE ARE NOT LIABLE FOR ANY LOSS, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR USE OF YOUR PRIVATE OR PERSONAL INFORMATION WHILE USING VACASA WIFI. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, COMPUTER NETWORK, OR DATA (INCLUDING LOSS OF DATA OR DELAY OF TRANSMISSION) THAT RESULTS FROM YOUR ACCESS OR USE OF VACASA WIFI. WE DO NOT WARRANT THAT VACASA WIFI IS FREE OF DEFECTS, VIRUSES, MALFUNCTIONS, OR HARMFUL COMPONENTS THAT COULD DAMAGE OR ALLOW UNAUTHORIZED ACCESS TO YOUR COMPUTER, COMPUTER NETWORK, OR DATA. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY ANY INFORMATION ACCESSED AT OR THROUGH VACASA WIFI.

Limitation of Liability

NEITHER WE NOR OUR AFFILIATES, SUBSIDIARIES OR OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING OR ARISING FROM THE USE OF OR THE INABILITY TO USE VACASA WIFI (INCLUDING INTERRUPTION, SUSPENSION, TERMINATION, SLOW SPEEDS OR DELAYS), INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF DATA, OR OTHER INTANGIBLES EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IN ANY EVENT, YOU AGREE THAT OUR TOTAL LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED US$100.

Indemnification

You agree to indemnify, hold harmless, and release us, our affiliates, our subsidiaries, and our respective officers, directors, shareholders, employees, agents, representatives (and their respective successors and assigns) from and against any and all claims, damages, costs and expenses, including but not limited to reasonable attorney fees, arising from or related to your access, use, or misuse of VACASA WiFi or your violation of these Terms.

Governing Law

These terms are governed by, and shall be interpreted in accordance with, the laws of the State of Oregon, USA, without regard to principles of conflicts of law.

Dispute Resolution; Class Action and Jury Trial Waiver

A. If you are the renter for a reservation at a Vacasa-managed property, and a dispute, claim, or controversy arises out of your use of or access to VACASA WiFi at a specific property, then the dispute shall be resolved in accordance with the dispute resolution terms in the guest agreement or rental agreement that applies to that stay.

B. In all other cases other than as described in section A, any dispute, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined as follows:

You and Vacasa mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms or to your use of or access to VACASA WiFi shall be settled by arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules (the "Rules"), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Payment of filing, administration and arbitrator fees will be governed by the Rules. To begin an arbitration, a party must file and serve a claim as provided in the Rules. If you file for arbitration, you must serve Vacasa’s registered agent in the state of Oregon. Except as otherwise required by the Rules, the arbitration shall take place in the county in which the Property is located, or in Portland, Oregon,. if the dispute does not involve a reservation for or stay at a specific property, or in such other location as you and Vacasa may mutually agree. As the only exceptions to the parties' agreement to submit all disputes to binding arbitration as provided herein, you and we both retain the right to pursue a suit for infringement or other misuse of intellectual property rights in any court with jurisdiction to enjoin (whether by temporary, preliminary, or permanent injunctive relief) the alleged infringement or misuse. C. THE PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.

Miscellaneous

If any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed from the remainder of the Terms, which shall remain in full force and effect. No waiver of any breach of these Terms shall be deemed to be a waiver of any preceding or subsequent breach. We may at any time and for any reason in our sole discretion, and without any notice, modify or discontinue the provision of VACASA WiFi or terminate or restrict your access to VACASA WiFi. We may, in our discretion and in addition to any other remedies available to us, and without notice, remove, block, filter or restrict access to any materials, sites, or information we deem to violate these Terms.

October 12th, 2021 Vacasa LLC.