This Agreement is between (i) Boutique Life Inc. and (ii) the entity stated on the Application to become a Boutique Homes Advisor (you, your; and we and you together each being a party and together the parties).

1. Definitions

In this Agreement, the following terms have the following meanings:

Agreement

This travel agency affiliate agreement, comprising these clauses together with the appended schedules, and as amended from time to time in accordance with its terms;

BoutiqueHomes (BH) or MaisonMaison

being brands of BoutiqueLife Inc.;

Booking

A booking on behalf of a Customer for a Travel Service made through the BoutiqueHomes Website (boutique-homes.com) or MaisonMaison (maisonmaison.co);

Booking Charge

Any additional charge imposed by you for facilitating the Booking;

Commissions

The fees we pay you for the booking services provided by you under this Agreement;

Confidential Information

any and all know-how, documentation and information, whether commercial, financial, technical, operational or otherwise, relating to the business, finances, affairs, tools (including those provided on a technology), products, services, personnel, customers, suppliers (including precincts, future and potential personnel, customers and suppliers), prices, Commissions, rates, vendors, processes, or methods of one party or its Group Members, which is disclosed to or otherwise obtained by the other party in connection with this Agreement;

Homes / Supplier

Any of the listings BoutiqueHomes is showing on the website: boutique-homes.com

Effective Date
The date on which you register for a BoutiqueHomes Advisor Account via theBoutique
Homes Website;

Rates
Any of the rates (including Taxes and other charges) in respect of any Travel Service
available via the BoutiqueHomes Website from time to time;

Void Booking
A Booking which is canceled, refunded, charged back, successfully disputed by the
Customer, the result of fraudulent or other unlawful activity, related to any conduct of a BoutiqueHomes Member which breaches this Agreement, or for which for any reason we do not receive payment in full;

Travel Advisor
The intermediary entering into this agreement with Boutique Homes;
​Traveler or Customer
Being the person traveling to the supplier and in contact with the Travel Advisor;
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2. Appointment
We appoint you as our marketing partner under BoutiqueHomes Advisor subject to the terms and conditions set out in this Agreement. As our marketing partner you shall actively market the Travel Services to Customers in accordance with this Agreement and applicable law.
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3. What we shall provide
Subject to the terms and conditions of this Agreement, during the Term we shall provide you with:

4. Commissions
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4.1 In consideration for the marketing services, we shall pay you Commissions in accordance with the terms of this Agreement.

4.2 The commission paid to Travel Advisor is as follows:

4.3 Commissions shall:

(a) be paid:

Consumed basis, on Bookings which are made on the BoutiqueHomes Website and linked to your account;

The commission will be paid based on the set cancellation policy of the property during the booking process.

Paid for either:

by means of electronic funds transfer to the bank account nominated by you as part of your
BoutiqueHomes Advisor Application

(b) not paid for:

(i) Void Bookings;

(ii) Bookings for Travel Services that are not set out in the Incentive Plan Page;

(iii) Bookings made outside of the BoutiqueHomes Website (for example, on third party website that is not the BoutiqueHomes Website) or which are not linked to your Tracking Code; and

(IV)

4.4 We will provide you with a commission statement via email upon request

4.5 If we pay any Commissions by international bank transfers, we are only responsible for the fees relating to the sending of the transfer, and you are responsible for any other fees, including any fees relating to the receipt of the transfer.

4.6 In addition to our other rights and remedies, we may withhold or require you to refund us any amounts we may have overpaid to you in prior periods or for which you are otherwise liable including amounts paid for Void Bookings.

5. Currency and Conversion
The commission will be paid in the same currency the booking is based on. If the Travel Advisor's bank account is in a different currency, BoutiqueHomes is not responsible for the exchange rate used by the advisor's bank at the time of transfer reception.

6. Disputes
You are responsible for checking both the accuracy of each Commission statement and that the correct Commission has been paid to you. If you (acting reasonably and in good faith) dispute any Commissions amounts you must notify us promptly (and no later than 90 days from the receipt of the Commissions) and provide reasonable supporting evidence. If you fail to raise a dispute in writing by this date, you will waive your right to dispute any Commissions amounts. Upon receipt of your notice, we shall investigate, and we and you shall negotiate in good faith to attempt to resolve the dispute promptly. If we are unable to resolve the dispute within 60 days of your notice of dispute, the dispute shall be resolved in accordance with clause 25 (Governing Law and Jurisdiction).
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7. Rates
You must only use the Rates in accordance with the terms and conditions of and for the purpose of this Agreement.

You shall not directly or indirectly share or disclose the Rates or any information regarding or relating to the Rates to any Travel Supplier.
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8. Your Dealing with Customers

8.1 Prior to concluding a Booking, you shall:
(a) communicate fully and accurately to the Customer and ensure that the Customer understands:
(i) the description of the Travel Service to which the Booking relates;
(ii) the Supplier Rules and Restrictions and the Customer Terms and Conditions (both of which may be communicated to the Customer either by providing them with a copy printed directly from the BoutiqueHomes Website or by incorporating the identical wording into your own materials that are provided to the Customer);

(b) ensure that the Customer understands:
(i) the Travel Service is being provided by the relevant Supplier; and

(ii) their personal data shall be shared with us in accordance with clause 15.3; and ensure that all of the data which is entered on the Boutique Homes Website is complete and accurate.

(iii) We will collect the details of the guest staying at the property during the booking process

8.2 You shall obtain and retain evidence that the Customer has accepted the Customer Terms and Conditions and Supplier Rules and Restrictions. Unless we provide our prior written approval to the contrary, you shall neither modify the Customer Terms and Conditions and Supplier Rules and Restrictions nor make any verbal or written assurances or representations to a Customer which are additional to or contradict them, including around descriptions of the Travel Service or by promising that any special requests are met.

8.3 You shall be liable (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for any breach of clause 6.1 and clause 6.2 and any failure to ensure that the Customer Terms and Conditions and Supplier Rules and Restrictions are read, understood and accepted by the Customer.

8.4 You acknowledge that:

a) the point at which a Booking is deemed to have been completed and shall form a binding agreement between the Supplier and the Customer shall be determined in accordance with the Customer Terms and Conditions; and

b) except as required by applicable law, our Suppliers may change the Supplier Rules and Restrictions at any time without notice to you or Customers.
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9. Post-Booking Communications

9.1 Following completion of Booking, we shall provide certain confirmatory details to you and/or to the Customer.

9.2 You shall forward these to the Customer without making any modifications to the content as soon as possible but in any event within 24 hours of you receiving them.

9.3 Following completion of booking, BoutiqueHomes may reach out to the customer directly with specific details about the booking.

9.4 Following the completion of the booking, BoutiqueHomes may reach out to the customer for surveys and descriptions of their experience at the property or any other questions related to their stay.
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10. Code of Conduct
As a BoutiqueHomes Advisors, you agree you shall:

only use your BoutiqueHomes Account to make Bookings on behalf of Customers in the Territory;

be responsible for and properly supervise any and all use of the BoutiqueHomes Website and your BoutiqueHomes Account(s) by your Representatives;

ensure that your Representatives are knowledgeable about the Travel Services

safeguard your BoutiqueHomes Account’s access credentials, including the Tracking Code, and prevent any unauthorized use of the BoutiqueHomes Account and/or the Tracking Code; and access the Website and the BoutiqueHomes Account in accordance with the Acceptable Use Policy and any other guidelines or directions provided by us from time to time.

be responsible for (i) providing all completed tax forms prior to undertaking any action to make Bookings, and (ii) providing, and keeping us updated with, accurate bank account or any other data required to effect payments to you;

under no circumstances shall you complete or attempt to complete any Bookings without the Customer’s full knowledge and consent;

You shall not make Bookings other than in response to a specific request by a Customer. You also acknowledge that any Booking is between the Customer and the Supplier, and may not be canceled or otherwise amended by you without the consent of the relevant Customer.

We reserve the right to cancel any Booking in breach of the Customer Terms and Conditions, the Supplier Rules and Restrictions, or the terms of this Agreement.
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11. Customer Support

You shall be solely responsible for providing first line support to Customers for all issues related to Bookings. You shall provide such support promptly, using reasonable endeavors and in accordance with your policies and processes.

If you are unable to resolve an issue using reasonable endeavors, then you shall contact us for second line support via the telephone number listed on the BoutiqueHomes Website. In order to facilitate our second line support, you shall promptly (without amendment or deletion) transmit to us all communications received from Customers relating to Bookings and pass all relevant communications from us to Customers.

12. Complaints

For any complaints related to Bookings which are made by or on behalf of a Customer and which cannot be resolved through your first line support, we shall use reasonable endeavors to assist you in resolving such complaints, including by facilitating discussions with the Supplier. If you fail to comply with any of the provisions of this Agreement relating to the Booking and confirmation process, then we shall have no liability for any losses that you incur as a result of a complaint arising from breach of such clause.
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Notwithstanding anything to the contrary, you shall be responsible for any complaints made against you or any of your Representatives, and we shall have no responsibility or liability to deal with or resolve such complaints.

13. Customer Incentives, Promotional Materials and Events
We may, from time to time, make Promotional Materials available to you. Where we do so:

(a) we grant you a non-exclusive license to use the Promotional Materials in your premise and in accordance with our written instructions;
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14. Relationship of the parties
You and we shall each collect and process personal data to fulfill our respective rights and obligations under this Agreement, as well as your and our respective responsibilities under applicable laws. As such, each of the parties shall: (i) process personal data as independent and autonomous Data Controllers; (ii) comply with Applicable Data Protection Laws; and (iii) be responsible for any of its acts or omissions in breach of Applicable Data Protection Laws.

Your responsibilities

You must:

Our responsibilities

(a) process BoutiqueHomes Personal Data in connection only with a Permitted Purpose;
(b) not divulge the whole or any part of the BoutiqueHomes Personal Data to any person, except in connection with a Permitted Purpose;
Customers and Third-Parties
You acknowledge that we:
(a) may send emails to Customers relating to Bookings;
(b) sign customers up to our newsletter
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15. Data security
(a) maintain appropriate technical and organizational measures to protect the personal data they each process against a personal data breach; and

(b) in the event of a confirmed personal data breach within systems under that party’s possession or control, promptly notify the other party if the personal data breach (i) affects BoutiqueHomes Personal Data that is also processed by the other party under this Agreement;

16. Agent Cards
15.9 In the event that an Agent Card is used to make a Booking:

(a) you represent and warrant that the use of such Agent Card is authorized, and you have taken all commercially reasonable steps necessary to ensure that the card issuer shall not block or reject any authorized use of the Agent Card in the settlement of Bookings booked under this Agreement. Each Booking made using the Agent Card shall be deemed by us to have been authorized by you;

(b) for each Booking you shall transmit all necessary payment and card information to enable us to process the payment through the Agent Card; and

(c) where collecting payment from the Customer you shall bear the risk of non-collection of payments and so shall be responsible for any void transactions and all costs, expenses or fees related to such void transactions, including chargeback amounts, interchange fees or merchant processing costs, penalties, fines and fees.

(d) we reserve the right (and you hereby expressly give your permission for us) to directly refund Cards in the event you are subject to an Insolvency Even
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​17. Customer Cards

15.10 In the event a Customer Card is used to make Bookings:

(a) you represent and warrant that the use of such Customer Card is authorized by the Customer. Each Booking made using the Customer Card shall be deemed by us to have been authorized by the Customer;

(b) for each Booking you shall transmit all necessary payment and card information to enable us to process the payment through the Customer Card; and

(c) you shall not save or store any Customer Card details in the BoutiqueHomes Website.
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18. Intellectual Property
Subject to the terms and conditions of this Agreement, we grant to you a non-exclusive, non- transferable, revocable, royalty-free license to use the BoutiqueHomes Website for the purposes of providing the marketing services contemplated under and to the extent permitted by this Agreement. You acknowledge that we own and retain all right, title and interest in and to the BoutiqueHomes Website.
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19. Term and Termination
17.1 This Agreement shall commence on the Effective Date and shall continue indefinitely until terminated by either party in accordance with the terms of this Agreement (the Term).

Either party may terminate this Agreement:

We may terminate this Agreement immediately (or on the expiry of such other period as we may specify) upon written notice any time:
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20. Confidentiality

Each party shall keep the other’s Confidential Information confidential and shall not:

(a) use such Confidential Information except for the purposes of this Agreement; or

(b) disclose such Confidential Information (in whole or in part) to any third party, except to its Representatives, sub-contractors, professional advisors and Group Members, each of whom has a need to know the Confidential Information in connection with this Agreement and provided that it shall procure that such persons comply with these confidentiality obligations.
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21. Insurance
During the Term you shall maintain, with a reputable insurer, the requisite insurance coverage as required by all applicable law and as is necessary to meet your obligations under this Agreement. Such insurance shall include coverage for commercial general liability and professional liability at limits not less than an amount equivalent to the annual Commissions paid to you under this Agreement. Upon request you shall provide us with copies of your insurance policy.

22. Compliance
You shall permit and/or shall procure that we are permitted access to, and/or provided copies of, such of your, your subcontractors' and your Representatives’ records, systems, premises, personnel and information to the extent necessary for the purpose of:

(a) verifying your compliance with this Agreement;

(b) investigating where we reasonably suspect, or have been notified of, a material breach of this Agreement, a potential or actual personal data breach, fraud and/or a breach of law; or

(c) fulfilling any request by a regulatory body of a competent jurisdiction.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE BH SERVICE IS AT YOUR SOLE RISK. THE BH SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

BH MAKES NO WARRANTY THAT (i) THE BH SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE BH SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BH SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE BH SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BH SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BH OR THROUGH OR FROM THE BH SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
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LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE BH SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE BH SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BH SERVICE; OR (v) ANY OTHER

MATTER RELATING TO THE BH SERVICE.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.

YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO USE BH SERVICES IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. IN THE EVENT THAT WE MAY NOT LIMIT OUR LIABILITY, YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN 100 U.S. DOLLARS OR THE TOTAL AMOUNT OF FEES COLLECTED FROM YOU BY BH WITHIN THE SIX MONTHS PRIOR TO YOUR CLAIM ARISING, WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
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23. Indemnity

You agree to defend, indemnify and hold BH, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the BH Service and/or any violation of these Terms of Service.
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If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.
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24. Notice / Electronic Communication

Unless specified otherwise by BH, the communications between a User and BH are by electronic means. BH may deem necessary or convenient the use of a phone call for dealing with some issues, and it is hereby authorized to use it as a form of communication. For contractual purposes, and for the normal execution of the services subject of this agreement, you (1) consent to receive communications from BH in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other information that BH provides to you electronically satisfy any legal requirement that such communications be in writing. The foregoing does not affect your statutory rights.
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Notices to you may be made via either email or postal mail. BH may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on BH Service.

Except as otherwise indicated in the Terms of Service, You may give notice to BH by writing:

Boutique Life Inc.

110 E 25th St,

New York, NY 10010

+1 201 588 5435

25. Choice of Law / Dispute Resolution Language
Governing Law; Disputes; Arbitration Agreement
a. Governing Law.

This Agreement will be governed and interpreted by and in accordance with the Laws of the United States and the State of New York without regard to its conflicts of laws principles..

b. Complaints.

If you are unhappy with any aspect of your trip, please first address your complaint to the Supplier whose services are involved. Please note that you are required to mitigate your losses, if any. If your complaint cannot be resolved locally with such Supplier, and you wish to pursue your complaint, full details must be sent to us in writing within 30 days of your return. We do not guarantee any particular redress for complaints.
c. Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with BoutiqueLife Inc. and limits the manner in which you can seek relief from Boutique Life Inc. Both you and Boutique Life Inc. acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Boutique Life Inc’s officers, directors, employees and independent contractors ("Personnel") are third-party beneficiaries of these T&Cs, and that upon your acceptance of these T&Cs, Personnel will have the right (and will be deemed to have accepted the right) to enforce these T&Cs against you as the third-party beneficiary hereof.
(i) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these T&Cs directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New York, New York. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "Rules") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

BoutiqueLife Inc. is committed to customer satisfaction, so if you have a problem or dispute relating to the BH Service or this website (“Claims”), we will try to resolve your concerns. You agree to give us written notification of your Claims as set forth in the Notice section above stating (i) your name, (ii) your address, (iii) a written description of your Claim, and (iv) a description of the specific relief you seek. If BH does not resolve the Claims within 60 days (“Resolution Deadline”) after it receives your written notification, you may pursue your dispute as set forth below.

Should you wish to pursue your Claim after the Resolution Deadline, it shall be resolved by binding arbitration conducted in English in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association ("AAA"), as modified by this section. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. But if for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to this section holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in the state and federal courts serving New York County, New York, provided that each party waives any right to a jury trial.
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For any claim where the total amount of the award sought is $10,000 or less, you may bring such claim in the Small Claims Court of Los Angeles County Superior Court. All other claims will be subject to binding arbitration before the AAA in New York City, New York. You hereby consent to such exclusive venue and jurisdiction of the AAA and state and federal courts serving New York County, New York.
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Unless otherwise agreed by the parties, the arbitration panel shall consist of one arbitrator chosen in accordance with the rules of the AAA. Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises. All discovery shall be completed within sixty (60) days following the appointment of the arbitrator. Each party shall be entitled to representation by counsel, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video, or other electronic means of communication. The arbitration award shall be in writing. The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award. The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys’ fees and other reasonable costs, including fees of the arbitrator and the AAA, incurred in the action or proceedings. In no event shall the arbitrator award punitive or exemplary damages. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award. Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) for any claims of infringement or misappropriation of Boutique Life Inc.’s patent, copyright, trademark, or trade secrets; and (v) to enforce any decision of the arbitrator, including the final award.
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You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Boutique Life Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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To the fullest extent permitted by law, the controlling language for these Terms of Service is English.

(viii) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Boutique Life Inc..
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26. For Residents of Quebec / Pour les résidents du Québec
The parties declare that they have required that these Terms of Service and all documents related hereto, either present or future, be drawn up in the English language only.
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Les parties déclarent par les présentes qu’ils exigent que cette entente et tous les documents y afférents, soit pour le présent ou l’avenir, soient rédigés en langue anglaise seulement.
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27. International Users
BH makes no representation that materials on this website are appropriate or available for use in other locations. If you access this website from outside the United States, please understand that this website may contain references and/or links to products and services that are not available or are prohibited in your jurisdiction. Any user who is a resident of a foreign country agrees that (i) they have voluntarily sought and established contact with BH, (ii) they will not use, transmit, disseminate or upload any material, content, that would violate any applicable local, state or national laws or regulations of the foreign member’s country of residence; (iii) under no circumstance shall BH be deemed liable under any laws other than the United States; (iv) his or her participation is governed by California law and subject to the arbitration and venue provisions stated herein; and (v) consent to having their data processed in the United States.

California Residents

Pursuant to California Civil Code section 1789.3, BH provides the following information:

The name, address, and telephone number of the provider of service:

boutique-homes.com
Boutique Life Inc.
110 E 25th St,
New York, NY 10010
+1 201 588 5435

Any charges to the consumer imposed by the provider for the use of the service.

As set forth above, BH imposes Guest Service Fees and Host Service Fees in connection with the use of the website and BH Service.

The procedures a consumer may follow in order to resolve a complaint regarding the service or to receive further information regarding the use of the service, including the telephone number and address of the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs.
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If a consumer has a complaint, it may follow the procedure set forth in Section 21.

You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254

28. General
The Terms of Service constitute the entire agreement between you and BH and governs your use of the Service, superseding any prior agreements between you and BH. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of BH to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
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You may not assign or transfer these Terms of Service, by operation of law or otherwise, without BH's prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. BH may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors, and permitted assigns.
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You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
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29. Force Majeure
Subject to clause 26.2, neither party shall be liable to the other for any failure or delay in the performance of its obligations under this Agreement (save in respect of any obligation to pay any amounts due and payable) to the extent that such failure or delay arises due to reasons beyond such party's reasonable control, provided always that the affected party promptly notifies the other of the cause and likely duration of the failure or delay and takes all reasonable steps to overcome the failure or delay as soon as possible. For the avoidance of doubt, hotel overbookings shall not be considered a force majeure event
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30. Copyright / DMCA
COPYRIGHTS AND COPYRIGHT AGENTS (Digital Millennium Copyright Act)

BH respects the intellectual property of others, and we ask our users to do the same. BH will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

REGARDING: DMCA
Attention: Marc Blazer
Boutique Life Inc.
110 E 25th St,
New York, NY 10010
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If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide BH the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your DMCA notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
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We reserve the right to send a copy of any such notice to a third party that may publish and/or annotates it. As such, your letter (with your personal information removed) may be forwarded to the Chilling Effects Clearinghouse for publication.

31. Notices

31.1 Notices must be given in English by email to:
(a) in our case, the Address for Notices, and in your case, the email address you provided to
us as part of your Application; or
(b) to the email address notified by us or you to the other in writing from time to time