Early Payment Plan Terms and Conditions

HomeEscape.com, Inc. (“HomeEscape"), has created the HomeEscape website at www.homeescape.com (the "Website" or the "Site") to assist users in obtaining vacation rental travel information, determining the availability of travel-related goods and services, making legitimate personal vacation rental inquiries, rental reservations, or otherwise transacting business with our travel suppliers.

PLEASE READ THESE EARLY PAYMENT PLAN TERMS AND CONDITIONS (the “EPP TERMS”) CAREFULLY AS THEY SET FORTH YOUR OBLIGATIONS WITH REGARD TO PARTICIPATION IN THE HOMEESCAPE EARLY PAYMENT PLAN AND AFFECT YOUR LEGAL RIGHTS AND REMEDIES. BY PARTICIPATING IN THE HOMEESCAPE EARLY PAYMENT PLAN AND CLICKING THE “I ACCEPT” BUTTON DISPLAYED AS A PART OF THE SUBSCRIPTION PROCESS FOR THE EARLY PAYMENT PLAN, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT PARTICIPATE IN THE EARLY PAYMENT PLAN.

All benefits that HomeEscape offers in the HomeEscape Early Payment Plan are conditioned upon Owner User’s compliance with these EPP Terms, the HomeEscape Terms of Use (https://www.homeescape.com/legal/terms-use/), and the Payment Terms (https://www.homeescape.com/legal/payment-terms/), and any other applicable HomeEscape rules, as may be published by HomeEscape from time-to-time. These EPP Terms are subject to change at any time and HomeEscape will provide notice of any such changes on the Home Escape website. Unless otherwise stated, the current rules in effect at the time of a Booking or request for a benefit or other transaction will govern that transaction. Please check back frequently for changes to these EPP Terms.

1. Defined Terms. All capitalized terms have the meanings set forth in context herein or as otherwise defined in the HomeEscape Terms of Use or Payment Terms.

2. Early Payment Plan Benefits And Enrollment. The HomeEscape Early Payment Plan (“EPP”) provides Owner Users the ability to receive an early distribution of Rent Payments made for Bookings. Under the Payment Terms, Owner Users will receive a Payment for a Booking within 5-7 business days of the scheduled check-in date for the Booking. Under the EPP, Owner Users will receive the Payment for a Booking within 5-7 business days of the day the Rent Payment is posted to HomeEscape’s account from the Renter User (subject to bank processing times), without any processing fees other than the EPP Fee (set forth in Sec. 2.2 below).

2.1. Enrollment. In order to receive the early distribution of a Rent Payment, Owner Users must sign up to participate in the EPP and designate which of the Owner User’s Properties the Owner User wants to be included in the EPP. To enroll a Property in the EPP (a “Subscription”), the Owner User must follow the instructions stated on the Website for EPP Subscription. Members must provide their full name and email address to participate in the HomeEscape EPP. Full name means the given name, middle initial or middle name, if any, and family or surname.

2.1.1. Only one Owner User may be enrolled per HomeEscape EPP account.

2.1.2. HomeEscape reserves the right to verify Owner User information by phone, photo ID, proof of ownership, or other process as determined by HomeEscape in its discretion to establish the Owner User’s ownership of the Property(ies) at issue before any EPP distributions are made. More information about our verification process can be found at https://www.homeescape.com/help/become-an-owner/verification-process-by-our-security-team/.

2.2. EPP Fees. There is no up-front fee to subscribe to the EPP. The cost to participate in the EPP is a fee of 5% of the Booking Rent amount for each Booking for each enrolled Property. Owner Users must select which Properties they want to subscribe to the EPP. HomeEscape will automatically deduct the 5% fee from each Rent Payment received by HomeEscape before distribution to the Owner User for the duration of Owner User’s participation in the EPP.

The EPP is not retroactive, and will only apply to the early release of Rent Payments for Bookings made after the date of the Owner User’s enrollment in EPP. Our support team will consider exceptions to previously created Bookings on a case-by-case basis.

2.3. Payment of EPP Fees. When ordering a Subscription, the Owner User authorizes HomeEscape to deduct the corresponding EPP Fee (as detailed below) at the time of receipt of the Rent Payment and prior to distribution of EPP Payment to the Owner User. Unless otherwise stated in these EPP Terms, the Subscriptions for active Properties shall be automatically and successively renewed on the 1st calendar day of each month, unless the Owner User cancels the renewal of the Subscription before the last day of the then-current month. If a Property becomes inactive, the EPP for that Property will be automatically cancelled and the Owner User must re-subscribe to the EPP if the Property again becomes active.

2.4. Owner Responsibilities.

2.4.1. Listing Requirements. It is the Owner User’s responsibility to establish its Listings for EPP enrolled Properties in a manner that requires the Renter User to make full payment for the Booking at the time of Booking, rather than at the time of check-in in order for the Owner User to receive an EPP distribution of the Rent Payment. HomeEscape cannot make an EPP early distribution of a Rent Payment if the Owner User has not required payment of the Rent at the time of Booking in the Listing. If the Owner User has elected to split the timing for Renter Users to may Payment (e.g., a deposit is due at Booking, with the balance due at check-in), then HomeEscape will only be able to provide an EPP distribution of the amounts actually received by the Renter User based upon the payment terms required by the Owner User (e.g., the deposit will be distributed as an EPP distribution once received by HomeEscape, but the check-in payment will not be part of the EPP distribution and will only be provided to the Owner User once received by HomeEscape in accordance with the Payment Terms).

2.4.2. Refund Requirements. If the Owner User has received an EPP distribution of the Rent Payment, the Owner User – NOT HomeEscape – is responsible for issuing any refund due to the Renter User for cancellations under the Cancellation Policy selected by the Owner User in accordance with the Payment Terms. HomeEscape will have no liability for refunds requested by Renter Users if the Owner User has received an EPP distribution of the Rent Payment. The 5% processing fees associated with the refund are non-refundable. In the event a Rent Payment has been made involving a currency conversion and the conversion rate has changed since the date the Rent Payment was received and distributed to the Owner User as an EPP distribution, the Owner User is responsible for refunding the Rent Payment in the amount actually paid by the Renter User and HomeEscape shall have no liability for any difference in the amount received by the Owner User and the amount due back under the then-current conversion rate.

3. Account Deletion & Early Payment Plan Expiration. The EPP does not expire and, once registered, Owner Users will remain enrolled in the EPP unless earlier terminated by the Owner User or HomeEscape, as provided herein.
 HomeEscape reserves the right to deactivate or close an EPP account under the following circumstances:

• • The Owner User engages in fraudulent activity;
• • The Owner User requests to close his/her HomeEscape account or otherwise un-enroll from the EPP;
• • The Owner User becomes deceased;
• • The Owner User does not respond to repeated communication attempts regarding the status of his/her account;
• • The Owner User resides in or relocates to a country where membership is prohibited under applicable law; or
• • The Owner User violates these EPP Terms or any other HomeEscape terms.

3.1. HomeEscape has the right to cancel an Owner User’s Subscription in the EPP at any time if we find that our Terms have been violated or that you are otherwise abusing your subscription rights

3.2. HomeEscape reserves the right to cancel or refuse enrollment in the EPP, in HomeEscape’s sole discretion, for Owner Users who try to enroll and cancel enrollment in EPP multiple times in a year in an effort to reduce EPP Fees due or otherwise game the system.

3.3. Cancellation by Owner Users. Cancellations disrupts Renter Users’ plans and inject doubt in the HomeEscape community. In the event an Owner User cancels a Booking and there are no extenuating circumstances about which you notify HomeEscape in writing:

3.3.1. We strongly advise that Owner User issue a refund, within 7 days or less before a confirmed check-in if a guest reservation is cancelled by Owner User. There will be no cancellation fees charged to Owner User for cancellation. However, in the event that an Owner User cancels a reservation due to double booking renters, HomeEscape will charge a cancellation fee of 5% of the renter’s payment to your Payment Method. This cancellation fee is non-refundable.

3.4. VOID WHERE PROHIBITED BY LAW. Some or all parts of the HomeEscape Early Payment Plan may not be legal in certain countries. Consequently, the HomeEscape Early Payment Plan is void where prohibited by law.

4. Audit. HomeEscape reserves the right to audit Owner User’s accounts at any time and without notice to ensure compliance with the HomeEscape EPP Terms, HomeEscape's Terms of Use, and all other applicable HomeEscape rules. In the event the audit reveals discrepancies or violations, HomeEscape may delay the processing of any payments due under the EPP, any Search Placement, or other redemptions, and withhold statements until the discrepancies or violations are resolved to HomeEscape’s reasonable satsifaction. Accounts found in violation are subject to penalty, up to and including termination of the Owner User’s EPP Subscription and closure of the Owner User’s HomeEscape account. During an investigation in connection with such an audit, HomeEscape may suspend the Owner User’s EPP Subscription without notice. While the account is suspended, the Owner User may continue to accrue Rent Payments in the account, but no EPP distribution or other transactions will be permitted.

5. Warranty Disclaimer. HOMEESCAPE DOES NOT PROMISE THAT THE EARLY PAYMENT PLAN WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE EARLY PAYMENT PLAN WILL PROVIDE SPECIFIC RESULTS FROM YOUR PARTICIPATION IN IT. THE EARLY PAYMENT PLAN IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU REGISTER TO PARTICIPATE IN THE EARLY PAYMENT PLAN, YOU DO SO AT YOUR OWN RISK. HOMEESCAPE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE HOMEESCAPE WEBSITE AND PAYMENT SERVICES IS AT YOUR SOLE RISK.

6. Limitation of Liability.UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL HOMEESCAPE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR PARTICIPATION IN THE EARLY PAYMENT PLAN.

7. Indemnity. You agree to defend, indemnify, and hold HomeEscape and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these EPP Terms.

8. Governing Law. . These EPP Terms shall be governed in all respects by the laws of the State of Florida without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the State of Florida in the judicial district where HomeEscape has its principal place of business. The parties further agree that any cause of action arising under these EPP Terms shall exclusively be brought in such courts. ANY CAUSE OF ACTION YOU MAY HAVE HEREUNDER OR WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED BY FILING SUIT IN MIAMI-DADE COUNTY, FLORIDA, WITHIN ONE (1) YEAR AFTER THE INCIDENT UPON WHICH THE CLAIM OR CAUSE OF ACTION IS BASED FIRST OCCURRED.

9. EPP Changes & Termination. HomeEscape reserves the right to change these EPP Terms, the EPP benefits, EPP Fee, and any EPP special offers at any time. HomeEscape will use commercially reasonable efforts to provide notice of any such changes to Owner Users enrolled in the EPP.

10. Sale Or Barter Prohibited.The sale or barter of HomeEscape EPP Subscriptions, EPP early distribution of Rent Payments, or other benefit by HomeEscape EPP subscribers, or the attempt of any of the foregoing, is prohibited. HomeEscape will terminate the EPP account of any Owner User who violates this rule.

11. Contact Us. . If you have any question about the rules that are applicable to your situation, please check HomeEscape.com or please contact us at:

legal@homeescape.com

Effective Date: The effective date of these Terms is March 27, 2017.

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