User terms and conditions

Thank you for using Delve Experiences!These Site User Terms and Conditions of Service (“Terms”) are a binding legal agreement between you and Delve Experiences that govern your right to use the websites, applications, and other offerings from Delve Experiences (collectively, the “Delve Experiences Platform”). When used in these Terms, “Delve Experiences,” “we,” “us,” or “our” refers to Delve Web Services, Inc., DBA Delve Experiences, with whom you are contracting.The Delve Experiences Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer activities, excursions, and events (“Experiences”), and a variety of travel and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). You must register an account to access and use many features of the Delve Experiences Platform, and must keep your account information accurate. As the provider of the Delve Experiences Platform, Delve Experiences does not own, control, offer or manage any Listings or Host Services. Delve Experiences is not a party to the contracts entered into directly between Hosts and Guests, nor is Delve Experiences a real estate broker, travel agency, or insurer. Delve Experiences is not acting as an agent in any capacity for any Member.We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data.If you are a Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services.Our Mission Our mission is to grow educational agritourism. We connect travelers with meaningful local experiences, and we help farms and producers access broader tourism markets. We use technology to increase both public knowledge of agriculture and economic opportunities for agricultural producers. Our platform empowers curious adventurers to learn and helps local agriculture thrive. We support producers with marketing, tech support, and business development resources, and we help travelers nd interesting and meaningful activities.Guest TermsSearching and Booking on Delve ExperiencesSearching. You can search for Host Services by using criteria like the type of Host Service, location, features, and number of guests. You can also use lters to rene your search results.Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, including Delve Experiences service fee and applicable taxes, and any other items identied during checkout (collectively, “Total Price”). You are also agreeing that Delve Experiences may charge the Payment Method (as dened in the Payment Terms) used to book the Listing. When you receive the booking conrmation, a contract for Host Services (a "Reservation") is formed directly between you and the Host. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identied in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing.An Experience or other Host Service Reservation entitles you to participate in, attend, or use that Host Service. You are responsible for conrming that you, and anyone you invite, meet minimum age, prociency, tness, or other requirements. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Host Service. Except where expressly authorized, you may not allow any person to join a Host Service unless they are included as an additional guest during the booking process.Texas has an act limiting liability for agritourism operators, as posted at https://statutes.capitol.texas.gov/Docs/CP/htm/CP.75A.htm . By signing these terms and conditions, you accept the following agreement and warning as guided by the law:I UNDERSTAND AND ACKNOWLEDGE THAT AN AGRITOURISM ENTITY IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF AN AGRITOURISM PARTICIPANT RESULTING FROM AGRITOURISM ACTIVITIES. I UNDERSTAND THAT I HAVE ACCEPTED ALL RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER LOSS THAT MAY RESULT FROM AGRITOURISM ACTIVITIES.Cancellations, Travel Issues, Refunds and Booking ModicationsCancellations and Refunds. In general, if as a Guest you cancel a Reservation, you may request to rebook the experience at an alternate day or time. Rebooking requests may be fullled at the discretion of the Host. Refunds are generally not available to you unless caused by a situation outside of your control. If the Host cancels, you are eligible for rebooking assistance or a full refund. These requests should be discussed rst between Hosts and Guests, but may be escalated to the Delve Experiences Support Team.Booking Modications. Gests and Hosts are responsible for any booking modications they agree to make via the Delve Experiences or direct Delve Experiences customer service to make on their behalf ("Booking Modications"), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modication.Your Responsibilities and Assumption of RiskYour Responsibilities You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Experience or other Host Service. For example, this means: (i) you are responsible for leaving a property (and related personal property) in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to a property, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Delve Experiences Platform and any Content, including your participation in any Experience, use of any other Host Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it is suitable for you. For example, Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services.Host TermsHosting on Delve ExperiencesHost. As a Host, Delve Experiences offers you the right to use the Delve Experiences to share your Experience, or other Host Service with our community of Guests and earn money doing it. You are in control of how you host - set your price, availability, and rules for each Listing.Contracting with Guests. When you accept a booking request, or receive a booking conrmation through the Delve Experiences Platform, you are entering into a contract directly with the Guest, and are responsible for delivering your Host Service under the terms and at the price specied in your Listing. You are also agreeing to pay applicable fees like Delve Experiences service fee and applicable taxes for each booking. Delve Experiences will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Guests must: (i) be consistent with these Terms, our terms and policies as published on this site, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.Independence of Hosts. Your relationship with Delve Experiences is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Delve Experiences, except that Delve Experiences acts as a payment collection agent as described in the Payments Terms. Delve Experiences does not direct or control your Host Service, and you agree that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.Managing Your ListingCreating and Managing Your Listing The Delve Experiences Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, and any rules or requirements that apply to your Guests or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per Experience, but may have multiple Listings for a single property if it has multiple places to stay. Any offer of an Experience is subject to our Additional Producer Terms and Conditions.Know Your Legal Obligations You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords and leases, homeowner and condominium association rules, or zoning restrictions, restrict or prohibit business on private properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Host Services you want to offer may be prohibited altogether. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently conrm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms. If you have questions about how local laws apply you should always seek legal adviceSearch Ranking. The ranking of Listings in search results on the Delve Experiences Platform depends on a variety of factors, including these main parameters

• Guest search parameters (e.g. number of Guests, features),
• Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Host Service, Host status, age of the Listing, average Guest popularity),
• Guest booking experience (e.g. customer service and cancellation history of the Host, ease of booking),
• Host requirements (e.g. minimum or maximum nights, booking cut-off time), and
• Guest preferences (e.g. previous trips, saved Listings, location from where the Guest is searching).

Search results may appear different on our mobile application than they appear on our website. Delve Experiences may allow Hosts to promote their Listings in search or elsewhere on the Delve Experiences Platform by paying an additional fee.Your Responsibilities You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Delve Experiences Platform. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Delve Experiences Platform.Your Assumption of Risk. You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Delve Experiences Platform, offering Host Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Delve Experiences Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by Delve Experiences.Cancellations, Travel Issues, and Booking ModicationsCancellations and Travel Issues. In general, if a Guest cancels a Reservation, you will will be paid the full amount but are encouraged to consider rebooking requests to ensure customer satisfaction. You have the option to issue full refunds if desired, but guests are advised that reservations are nonrefundable when they book. As a host, you should not cancel on a Guest except in the event of extreme weather, emergency, or safety concerns. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences. Questions and concerns may be escalated to the Delve Experiences Support Team for review and resolution. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Delve Experiences exceeds your payout, Delve Experiences may recover that amount from you, including by offsetting the refund against your future payouts.Booking Modications. Hosts and Guests are responsible for any Booking Modications they agree to make via the Delve Experiences Platform or direct Delve Experiences customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modication.TaxesHost Taxes. As a host, you are responsible for determining and fullling your obligations under applicable laws to report, collect, remit, or include in your price any applicable sales or other taxes ("Taxes").Collection and Remittance by Delve Experiences. In doing business with Delve Experiences, you instruct and authorize Delve Experiences to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Delve Experiences are identied to Members on their transaction records, as applicable. Delve Experiences may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufcient to fully discharge that Members' tax obligations, and you agree that your sole remedy for Taxes collected by Delve Experiences is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufcient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufcient documentation is provided. You agree that Delve Experiences may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting by you, our Guests, and/or their organizations.General TermsReviews. After each Host Service, Guests and Hosts will have an opportunity to review each other. Reviews must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our policies. Reviews are not veried by Delve Experiences for accuracy and may be incorrect or misleading.Content. Parts of the Delve Experiences Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Delve Experiences a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where Delve Experiences pays for the creation of Content or facilitates its creation, Delve Experiences may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Delve Experiences the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Delve Experiences prohibits the use of discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Delve Experiences may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Delve Experiences does not guarantee the accuracy or quality of translations and Members are responsible for conrming the accuracy of such translations.Fees. Delve Experiences may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the Delve Experiences Platform. Except as otherwise provided on the Delve Experiences Platform, service fees are non-refundable. Delve Experiences reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time.Delve Experiences Platform Rules.Rules You must follow these rules and must not help or induce others to break or circumvent these rules.

• Act with integrity and treat others with respect
  • Do not lie, misrepresent something or someone, or pretend to be someone else.
  • Be polite and respectful when you communicate or interact with others.
  • Do not discriminate against or harass others.
• Do not scrape, hack, reverse engineer, compromise or impair the Delve Experiences Platform
  • Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Delve Experiences Platform.
  • Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Delve Experiences Platform or Content.
  • Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Delve Experiences Platform.
  • Do not take any action that could damage or adversely affect the performance or proper functioning of the Delve Experiences Platform.
• Only use the Delve Experiences Platform as authorized by these Terms or another agreement with us
  • You may only use another Member's personal information as necessary to facilitate a transaction using the Delve Experiences Platform as authorized by these Terms.
  • Do not use the Delve Experiences Platform, our messaging tools, or Members' personal information to send commercial messages without the recipient's express consent.
  • You may use Content made available through the Delve Experiences Platform solely as necessary to enable your use of the Delve Experiences Platform as a Guest or Host.
  • Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
  • Do not request, make, or accept a booking or any booking payment outside of the Delve Experiences Platform to avoid paying fees, taxes or for any other reason.
  • Do not require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a Reservation, unless authorized by Delve Experiences.
  • Do not engage in any practices that are intended to manipulate our search algorithm.
  • Do not book Host Services unless you are actually using the Host Services.
  • Do not use, copy, display, mirror or frame the Delve Experiences Platform, any Content, any Delve Experiences branding, or any page layout or design without our consent.
• Honor your legal obligations
  • Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
  • If you provide us with someone else's personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
  • Read and follow our Terms and Conditions.
  • Do not use the name, logo, branding, or trademarks of Delve Experiences or others without permission.
  • Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identier that may be confused with Delve Experiences branding.
  • Do not offer Host Services that violate the laws or agreements that apply to you.

Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Delve Experiences. In addition, if you believe that a Member, Listing or Content has violated our standards, you should report your concerns to Delve Experiences. If you reported an issue to local authorities, Delve Experiences may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.Copyright Notications. If you believe that Content on the Delve Experiences Platform infringes copyrights, please notify us.Termination, Suspension and other MeasuresTerm. The agreement between you and Delve Experiences reected by these Terms is effective when you access the Delve Experiences Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.Termination You may terminate this agreement at any time by sending us an email or by deleting your account. Delve Experiences may terminate this agreement and your account for any reason by giving you 30 days' notice via email or using any other contact information you have provided for your account. Delve Experiences may also terminate this agreement immediately and without notice and stop providing access to the Delve Experiences Platform if you breach these Terms, you violate our policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Delve Experiences, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.Member Violations If (i) you breach these Terms, or our policies, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Delve Experiences believes it is reasonably necessary to protect Delve Experiences, its Members, or third parties; Delve Experiences may, with or without prior notice:

• suspend or limit your access to or use of the Delve Experiences Platform and/or your account
• suspend or remove Listings, Reviews, or other Content;
• cancel pending or conrmed bookings; or
• suspend or revoke any special status associated with your account.

For minor violations or where otherwise appropriate as Delve Experiences determines in its sole discretion, you will be given notice of any intended measure by Delve Experiences and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a Reservation is cancelled under this Section, the amount paid to the Host will be reduced by the amount we refund or otherwise provide to the Guest, and by any other costs we incur as a result of the cancellation.Legal Mandates Delve Experiences may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 13.3.Effect of Termination If you are a Host and terminate your Delve Experiences account, any conrmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you terminate your account as a Guest, any conrmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Reservation's cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Delve Experiences Platform has been limited, or your Delve Experiences account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Delve Experiences Platform through an account of another Member.Survival Parts of these Terms that by their nature survive termination, will survive termination of this agreement.Modication. lve Experiences may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Delve Experiences Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Delve Experiences Platform will constitute acceptance of the revised Terms.Resolving Complaints and Damage Claims. If a Member provides valid evidence that you, your guest(s), or your pet(s)damaged the complaining Member's real or personal property, or real or personal property the complaining Member is responsible for, including consequential damages, ("Damage Claim"), the complaining Member can notify Delve Experiences and/or seek compensation through the Delve Experiences Support Team. You will be notied of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Delve Experiences and Delve Experiences determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, Delve Experiences can collect the amount of the Damage Claim from you. You agree that Delve Experiences may seek to recover from you under any insurance policies you maintain and that Delve Experiences may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information Delve Experiences requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services.Delve Experiences' Role We offer you the right to use a platform that enables Members to publish, offer, search for, and book Host Services. While we work hard to ensure our Members have great experiences using Delve Experiences, we do not and cannot control the conduct of Guests and Hosts. You acknowledge that Delve Experiences has the right, but does not have any obligation, to monitor the use of the Delve Experiences Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Delve Experiences Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members' compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don't meet quality and eligibility criteria. Members acknowledge and agree that Delve Experiences administers policies and standards, including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Delve Experiences in good faith, and to provide Delve Experiences with such information and take such actions as may be reasonably requested by Delve Experiences with respect to any investigation undertaken by Delve Experiences regarding the use or abuse of the Delve Experiences Platform.Member Accounts. You must register an account to access and use many features of the Delve Experiences Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Delve Experiences Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the condentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Delve Experiences if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identication or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.Disclaimer of Warranties. We provide the Delve Experiences Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Delve Experiences Platform; and (iii) we do not warrant that verication, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being "veried" (or similar language) indicate only that the Member or Listing or Delve Experiences has completed a relevant verication or identication process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.Limitations on Liability. Neither Delve Experiences (including its afliates and personnel) nor any other party involved in creating, producing, or delivering the Delve Experiences Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost prots, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Delve Experiences Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Delve Experiences Platform, or (iv) publishing or booking of a Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Delve Experiences has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.Except for our obligation to transmit payments to Hosts under these Terms, in no event will Delve Experiences' aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Delve Experiences Platform, any Content, or any Host Service, exceed: (A) to Guests, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in the 12- month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100).These limitations of liability and damages are fundamental elements of the agreement between you and Delve Experiences. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.Indemnication. To the maximum extent permitted by applicable law, you agree to release, defend (at Delve Experiences' option), indemnify, and hold Delve Experiences (including other afliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our additional policies or standards as published on this site, (ii) your improper use of the Delve Experiences Platform, (iii) your interaction with any Member, participation in an Experience or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.United States Dispute Resolution and Arbitration AgreementOverview of Dispute Resolution Process. Delve Experiences is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section applies: (1) an informal negotiation directly with Delve Experiences' customer service team, and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Delve Experiences each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.Mandatory Pre-Arbitration Dispute Resolution and Notication. At least 30 days prior to initiating an arbitration, you and Delve Experiences each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Delve Experiences. Delve Experiences will send its notice of dispute to the email address associated with your Delve Experiences account. A notice of dispute must include: the party's name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by ling a written Demand for Arbitration with the AAA and providing a copy to the other party as specied in the AAA Rules.Agreement to Arbitrate You and Delve Experiences mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Delve Experiences Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Delve Experiences agree that the arbitrator will decide that issue.Exceptions to Arbitration Agreement You and Delve Experiences each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the Delve Experiences Platform or Host Services. You and Delve Experiences agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.Arbitration Rules and Governing Law This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by the arbitrator in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modied here.Changes to Agreement to Arbitrate. If Delve Experiences changes this Section after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Delve Experiences (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Delve Experiences.Survival Except as claried above, this Section will survive any termination of these Terms and will continue to apply even if you stop using the Delve Experiences Platform or terminate your Delve Experiences account.MiscellaneousOther Terms Incorporated by Reference Our policies, standards, and other supplemental policies and terms linked to in these Terms apply to your use of the Delve Experiences Platform, are incorporated by reference, and form part of your agreement with Delve Experiences.Interpreting these Terms Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Delve Experiences and you pertaining to your access to or use of the Delve Experiences Platform and supersede any and all prior oral or written understandings or agreements between Delve Experiences and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and delve Experiences. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”No Waiver Delve Experiences' failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.Assignment You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Delve Experiences' prior written consent. Delve Experiences may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days' prior notice.Notice Unless specied otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Delve Experiences via email, Delve Experiences Platform notication, messaging service (including SMS and WeChat), or any other contact method we enable and you provide.Third-Party Services. The Delve Experiences Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Delve Experiences is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.Google Terms Some translations on the Delve Experiences Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, tness for a particular purpose and non-infringement. Some areas of the Delve Experiences Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.Delve Experiences Platform Content Content made available through the Delve Experiences Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Delve Experiences and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Delve Experiences Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Delve Experiences grants you a limited, non-exclusive, non-sublicensable, revocable, nontransferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Delve Experiences Platform and accessible to you, solely for your personal and non-commercial use.Force Majeure. Delve Experiences shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, re, oods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your Delve Experiences account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specic to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notication preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a Delve Experiences account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS terms.Contact Us If you have any questions about these Terms please email us.