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Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using the GoRoverGo Platform, you agree to comply with and be bound by these Terms. GoRoverGo is a d/b/a of Express Corporate Housing, LLC, a Texas Limited Liability Company. When these Terms mention “GoRoverGo,” “GRG,” “goroverogo.com,” “we,” “us,” or “our,” it refers to the company, Express Corporate Housing, LLC d/b/a GoRoverGo, a Texas Limited Liability Corporation you are contracting with. When these Terms mention “you,” “your,” or “yours” we are referring to you, the User or Member of the GoRoverGo Platform.
Note: Section 16 of these Terms contains an arbitration clause and class action waiver that applies to all GoRoverGo Members.
Thank you for using GoRoverGo!
These Terms constitute a legally binding agreement (“Agreement“) between you (the “Member” or “User”) and GoRoverGo (as defined above) governing your access to and use of the GoRoverGo Platform, including any subdomains thereof, and any other websites through which GoRoverGo makes its services available (collectively, “Site“), any mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively, “GoRoverGo Services“). The Site, Application and GoRoverGo Services together are hereinafter collectively referred to as the “GoRoverGo Platform”.
Our collection and use of personal information in connection with your access to and use of the GoRoverGo Platform is described in our Privacy Policy.
1.1 The GoRoverGo Platform is designed to facilitate the leasing of fully furnished living accommodations by GoRoverGo Users or Members. The GoRoverGo Platform enables third-party Property Management Companies (“Property Management Companies”, “Property Managers,” or “PMCs” and the services they offer “PMC Services”) to list PMC Services on the GoRoverGo Platform as fully furnished, serviced living accommodations (“Listings” or “Accommodations”). Users leasing on GoRoverGo sign a lease directly with GoRoverGo.
1.2. GoRoverGo is not an organizer or retailer of travel packages under Directive (EU) 2015/2302. When Members make or accept a booking, they are entering into a contract directly with GoRoverGo. GoRoverGo is NOT a real estate broker or insurer. GoRoverGo is not acting as an agent in any capacity for any User or Member.
1.3 GoRoverGo has no control over and does not guarantee (i) the quality, safety, suitability, or legality of any Listings or PMC Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. GoRoverGo does not endorse any Member, Listing or PMC Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by GoRoverGo of any PMC or Listing.
1.4 The GoRoverGo Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. GoRoverGo is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by GoRoverGo of such Third-Party Services.
1.5 GoRoverGo cannot guarantee the continuous and uninterrupted availability and accessibility of the GoRoverGo Platform. GoRoverGo may restrict the availability of the GoRoverGo Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the GoRoverGo Platform. GoRoverGo may improve, enhance and modify the GoRoverGo Platform and introduce new GoRoverGo Services from time to time.
2.1 In order to access and use the GoRoverGo Platform or register an GoRoverGo Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization, or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
2.2 You will comply with any applicable export control laws in your local jurisdiction. In the case of PMCs, you also represent and warrant that (i) you are not located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 GoRoverGo may make access to and use of the GoRoverGo Platform, or certain areas or features of the GoRoverGo Platform, subject to certain conditions or requirements, such as completing a verification process, passing background or credit checks, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.4 We do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to: (i) require that you provide us with a form of government identification or other information sufficient to assist us with undertaking the background checks described in Sections 2.4(ii)-(iii); (ii) screen you against third party databases or other sources and request reports (e.g., credit checks) regarding you from service providers (if available); and (iii) for users outside of the UK and EU, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks (if available). You hereby consent to our undertaking the foregoing background checks and to our processing of the resulting information in accordance with our Privacy Policy (if applicable), including sharing with landlords, PMCs, property owners and/or their property managers the results of background checks for users based in the United States.
2.5 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the GoRoverGo 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.
GoRoverGo reserves the right to modify these Terms at any time in accordance with this provision on a going-forward basis at any time. Please check this Agreement periodically for changes. If a change to this agreement materially modifies your rights or obligations, we may require that you accept the modified Agreement in order to continue to use the service or any Accommodations. Material modifications are effective upon your acceptance of the modified Agreement and we will provide you with reasonable notice prior to such changes taking effect. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 3, this Agreement may be amended only by a written agreement signed by authorized representatives of the parties to this Agreement. Disputes arising under this Agreement will be resolved in accordance with the version of this Agreement that was in effect at the time the dispute arose.
4.1 You must register an account (“GoRoverGo Account“) to access and use certain features of the GoRoverGo Platform, such as booking an Accommodation or publishing a Listing. If you are registering a GoRoverGo Account for a business, organization, or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register an GoRoverGo Account by using an email address and creating a password.
4.3 You must provide accurate, current and complete information during the registration process and keep your GoRoverGo Account information up-to-date at all times.
4.4 You may not register more than one (1) GoRoverGo Account unless GoRoverGo authorizes you to do so. You may not assign or otherwise transfer your GoRoverGo Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your GoRoverGo Account credentials and may not disclose your credentials to any third party. You must immediately notify GoRoverGo if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your GoRoverGo Account. You are liable for any and all activities conducted through your GoRoverGo Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5.1 GoRoverGo may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the GoRoverGo Platform (“Member Content“); and (ii) access and view Member Content and any content that GoRoverGo itself makes available on or through the GoRoverGo Platform, including proprietary GoRoverGo content and any content licensed or authorized for use by or through GoRoverGo from a third party (“GoRoverGo Content” and together with Member Content, “Collective Content“).
5.2 The GoRoverGo Platform, GoRoverGo Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the GoRoverGo Platform and GoRoverGo Content, including all associated intellectual property rights, are the exclusive property of GoRoverGo and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the GoRoverGo Platform, GoRoverGo Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of GoRoverGo used on or in connection with the GoRoverGo Platform and GoRoverGo Content are trademarks or registered trademarks of GoRoverGo in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the GoRoverGo Platform, GoRoverGo Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the GoRoverGo Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by GoRoverGo or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, GoRoverGo grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) access and use the GoRoverGo Platform on your personal device(s); and (ii) access and view any Collective Content made available on or through the GoRoverGo Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the GoRoverGo Platform, you grant to GoRoverGo a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the GoRoverGo Platform, in any media or platform. Insofar as Member Content (including Verified Images) includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, GoRoverGo does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 You are solely responsible for all Member Content that you make available on or through the GoRoverGo Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the GoRoverGo Platform or you have all rights, licenses, consents and releases that are necessary to grant to GoRoverGo the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or GoRoverGo‘s use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any other GoRoverGo policy. GoRoverGo may, without prior notice, remove or disable access to any Member Content that GoRoverGo finds to be in violation of applicable law, these Terms or GoRoverGo’s then-current police or standards, or otherwise may be harmful or objectionable to GoRoverGo, its Members, third parties, or property.
5.8 GoRoverGo respects copyright law and expects its Members to do the same. If you believe that any content on the GoRoverGo Platform infringes copyrights you own, please notify us immediately.
5.9 Ownership; Proprietary Rights. The GoRoverGo Platform is owned and operated by us. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the GoRoverGo Platform (“Materials”) provided by us are protected by intellectual property and other laws. All Materials included in the GoRoverGo Platform are our and/or our third-party licensors’ property. Except as expressly authorized by us, you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in this Agreement.
5.10 Third-Party Websites and Content. The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. We may provide tools or features through the Service that enable you to interact with, including export information to, third-party websites or services, including through features that allow you to link your GoRoverGo account with an account on a third-party website or service, such as Twitter, Facebook, or a third-party payment processor, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools or features, you agree that we may transfer such exported information to the applicable third-party website or service. Third-party websites and services are not under our control, and, to the fullest extent permitted by law, we are not responsible for any third-party service’s use of your exported information. You acknowledge and agree that such interactions with third-party websites or services may be governed by one or more third parties’ terms, conditions, and/or policies.
5.11 Digital Millennium Copyright Act (DMCA) Notice and Policy
5.11.1 Notifications. We respect the intellectual property rights of others. If you believe that any material available on or through the GoRoverGo Platform infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
5.11.2 Counter Notification. If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to us using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
Express Corporate Housing, LLC
Attn: Corporate Counsel
12777 Jones Rd STE 450
Houston, TX 77070
United States
All PMCs using the GoRoverGo Platform are required to execute the GoRoverGo Global Partner Agreement (“GPA”). To the extent there is a conflict between these Terms and the GoRoverGo Global Partner Agreement, the GoRoverGo Global Partner Agreement signed by the PMC and GoRoverGo shall control.
6.1 Terms applicable to all listed apartment communities (“property,” “properties,” or “property listings”)
6.1.1 When listing a property on the GoRoverGo Platform you must (i) provide complete and accurate information about the properties (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions, and requirements that apply (such as any minimum age) and (iii) provide any other pertinent information requested by GoRoverGo. You are responsible for keeping your property information in the GoRoverGo Platform up to date at all times.
6.1.2 Leases won through GoRoverGo are legally binding agreements that must be honored under the GPA signed at the beginning of the formal relationship between PMCs and GoRoverGo.
6.1.3 Any policies set by the PMC in the GoRoverGo Platform must be honored, particularly policies set in relation to cancellations.
6.1.4 Pictures, animations or videos (collectively, “Images“) used on your property listings must accurately reflect the quality and condition of your properties. GoRoverGo reserves the right to require that property listings have a minimum number of Images of a certain format, size and resolution.
6.1.5 The placement and ranking of Listings in search results on the GoRoverGo Platform may vary and depend on a variety of factors, such as user search parameters and preferences, PMC requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, and Reviews and Ratings.
6.1.6 You represent and warrant that any property you list will (i) not breach any agreements you have entered with any third parties, such as homeowner’s association, condominium associations, or other agreements, and (ii) comply with all applicable Federal, state and local laws (including zoning laws), Tax requirements, and other rules and regulations (including having all required permits, inspections, licenses and registrations). As a PMC, you agree that you are responsible for your own acts and omissions, the acts or omissions of you employees or contractors, and the acts and omissions of any individuals who reside at or are otherwise present at the property at your or your agents’ request, direction, or invitation.
7.1 Terms applicable to all leases
7.1.1 Subject to meeting any leasing requirements (such as identity verification and a background check) set by GoRoverGo and/or the applicable PMC, you may lease an available Listing on the GoRoverGo Platform by following the subleasing process. All applicable charges, such as rent costs, security deposits, furnishing and houseware fees, will be presented to you prior to leasing a Listing. You agree to pay the applicable charges for any lease you sign through the GoRoverGo Platform pursuant to the Payment Terms.
7.1.2 When a User books an Accommodation through the GoRoverGo Platform, a legally binding agreement is formed between you and GoRoverGo, subject to any additional terms and conditions of the PMC that apply, including the applicable cancellation policy, Accommodation Rules, and any rules and restrictions specified in the Listing. GoRoverGo will collect the applicable charges pursuant to the Payments Terms. Guests may be required to pay a lump sum up-front, in multiple installments, or through traditional invoicing with pre-negotiated terms depending upon GoRoverGo’s relationship with the Guest.
7.1.3 If you lease an Accommodation on behalf of someone else, you are required to ensure that every Guest truthfully and accurately completes the background check and identity verification process through the GoRoverGo Platform. Failure to do so may prevent you from leasing the desired Accommodation. If you are leasing for a Guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor.
7.2 Leasing Accommodations.
You understand that a confirmed leasing of an Accommodation (“Accommodation Leasing”) through the GoRoverGo Platform creates two (2) fully executed lease agreements. The first lease is generated under the terms of the GoRoverGo Global Partner Agreement between GoRoverGo and the PMC (the “Primary Lease Agreement”) and the second lease is between you, the Guest, and GoRoverGo (the “Sublease Agreement”). If you, as a Member, choose to enter a transaction with GoRoverGo for the booking of an Accommodation, you agree and understand that you will be required to enter into a sublease agreement directly with GoRoverGo. You agree to be bound by and accept any terms, conditions, rules and restrictions associated with such Sublease Agreement in addition to any rules and regulations imposed by the PMC in their Community Rules, the Primary Lease Agreement, or otherwise. Leases completed through the GoRoverGo platform are legally distinct from hotel, vacation rental, or other short-term rental bookings.
7.3 Payment Terms.
7.3.1 Pricing. We reserve the right to determine pricing for any products we offer for sale, including, without limitation, Accommodations that you may book through the GoRoverGo Platform. We will make reasonable efforts to keep pricing information is published on our website up to date but may not provide all specific pricing information online. Check our website periodically for current pricing information. We may change any of this pricing information (including by adding applicable taxes, fees or charges) at any time.
7.3.2 Adding a Payment Method. When you add a Payment Method to your GoRoverGo account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to GoRoverGo or its third-party payment processor(s). You authorize GoRoverGo and its payment service providers to collect and store your Payment Method information.
7.3.3 Payment Method Verification. When you add or use a new Payment Method, GoRoverGo may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your GoRoverGo account so it can be used for a future transaction. You can remove the Payment Method from your GoRoverGo account as long as it is not associated with an active or future reservation.
7.3.4 Currency. If you book an Accommodation you will be notified of the currency in which you will be charged. This currency will be determined by us based on the Applicable Payment Method (defined in Section 7.3.3) and other factors in our reasonable discretion, such as the location of the Property that you are trying to reserve or subscribe to. For your convenience and if the currency you will be charged in is not the same as the currency applicable in your country, we may provide you with an indication of how much the price would approximately be in your own currency. Such indication is merely indicative, not binding, and will depend on the applicable exchange rate of the day. You acknowledge that the applicable exchange rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) we update the applicable exchange rate on a regular, but not real-time, basis; and (ii) the applicable exchange rate may include an incremental cost or margin that is not included in the applicable market rate.
7.3.5 Authorization. You authorize us to charge all applicable sums (including but not limited to any applicable one-time and/or recurring: security deposits, rent, booking fees, Service fees, the Damaged Property Fee, and any fees, costs and penalties for failing to vacate the premises, and including all applicable Taxes for the booking, sublease, and/or other purchases that you make through the GoRoverGo Platform, to the payment method specified in your account or that you otherwise indicate when you submit such booking or enter into a Sublease Agreement to or with us (the “Applicable Payment Method“) on the date that any such sum is due. Additionally, if the Applicable Payment Method is a credit card, then: (a) we may seek pre-authorization of your credit card account prior to completing your booking or entering into a Sublease Agreement with you to verify that the credit card is valid and has the necessary funds or credit available to cover your booking, any security deposit or other purchase, or any potential Damaged Property Fee or incidentals that may apply; and (b) you authorize us to place a hold on such credit card for sums sufficient to cover any applicable Damaged Property Fee and any other fees that you owe us under this Agreement or applicable Sublease Agreement and may be held for a few days following your departure. To the extent that GoRoverGo is charged any service fees in connection with your use of the Applicable Payment Method, you shall be responsible for such fees.
7.3.6 Delinquent Accounts. We may suspend or terminate your access to the Service if any amount associated with your account is due but unpaid. In addition, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.
7.3.7 Taxes. Sales and use tax, VAT, local hotel occupancy tax, tourist tax, city tax, lodging tax and other indirect taxes (“Taxes”) may be imposed on the amount charged for our Services, Properties, and other products offered in certain jurisdictions. The actual tax amount charged may vary depending on the rates in effect at the time of your stay. Certain local governmental agencies may require GoRoverGo to collect and remit occupancy taxes based on a percentage of the prices set by GoRoverGo, a fixed amount per day, or some other method.
7.4 Guest Restrictions and Responsibilities.
7.4.1 Compliance with Law. If you are prohibited under applicable law from using the GoRoverGo or any of the Accommodations (including Booked Accommodations), you may not use them. You understand and agree that you are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the GoRoverGo Platform and/or Accommodations. We shall comply with the requirements of the Fair Employment and Housing Act and shall not discriminate based upon any of the protected categories covered in such Act where applicable.
7.4.2 Use of Amenities. You and your occupants, guest(s), visitors, invitees and any other parties to whom you give access to or use of any Accommodation, including the Booked Accommodation (collectively and individually, “Your Guests”) may use only the Booked Accommodation amenities (e.g., fitness room and gym equipment) expressly made available by PMCs for the common and joint use of GoRoverGo’s members, guests and residents in the applicable Accommodation (collectively, the “Amenities”). Access to such Amenities is not guaranteed and may be limited, revoked, or suspended from time to time. You agree to comply and ensure all of Your Guests’ compliance with all applicable PMC rules with respect to your and Your Guests’ use of such Amenities. You understand and agree that use of such Amenities may be suspended if you or any of Your Guests violate any such rules. You shall be responsible for any damage to such Amenities that you or any of Your Guests cause. ANY USE OF SUCH AMENITIES IS AT YOUR AND YOUR GUESTS’ OWN RISK AND YOU AND YOUR GUESTS RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ANY GOROVERGO ENTITIES IN CONNECTION WITH ANY USE OF SUCH AMENITIES. YOU AGREE THAT, AT OUR REQUEST AT ANY TIME, YOU AND/OR YOUR GUESTS WILL EXECUTE AND DELIVER A COMMERCIALLY REASONABLE FORM OF WAIVER AND RELEASE TO CONFIRM THE WAIVER AND RELEASE SET FORTH HEREIN AND THAT YOUR AND/OR YOUR GUESTS’ USE OF THE AMENITIES MAY BE CONDITIONED ON YOUR AND/OR YOUR GUESTS’ EXECUTION AND DELIVERY OF SUCH WAIVER AND RELEASE.
7.4.5 Obligation to Maintain. You shall keep all interior portions of the Booked Accommodation, and all furniture and decorations within the Booked Accommodation, in good, clean, and sanitary condition, including free from all pests (such as, without limitation, bedbugs, cockroaches, mice and rats), and in proper working order throughout the applicable lease term. Should any component fail to operate (including any appliance, plumbing, electrical, etc.), it is your responsibility to promptly contact us via your user portal, at [email protected], or at +1-281-897-5100 as soon as a problem is detected.
8.1 Booking Modifications. Guests are responsible for any modifications to a booking that they make via the GoRoverGo Platform or direct GoRoverGo customer service to make (“Booking Modifications“). Guest understands that Booking Modifications may result in additional rent charges, fees, taxes, or other additional expenses (“Booking Modification Expenses”). Guest agrees to pay all Booking Modification Expenses related to a given Booking Modification.
8.2 Lease Extensions. GoRoverGo does not guarantee Lease Extensions. Lease Extensions may be available at the Guest’s request made via the GoRoverGo Portal or in writing. Extensions are subject to availability and other factors. Rental Agreement rates are not guaranteed on extensions and may increase. Due to the nature of the multifamily rental industry, GoRoverGo may need to place Guests requesting a Lease Extension in a new apartment, potentially at a different property.
8.3 Guest Cancelations. Cancelation of a confirmed booking is only allowed if permitted under the Listing’s cancellation policy set by the PMC. If permitted, GoRoverGo will refund the appropriate amount to Guest pursuant the terms of the cancellation policy. GoRoverGo is shall reclaim the amount of any such refund from a PMC per the terms set forth in the GPA between GoRoverGo and the particular PMC.
9.1 The GoRoverGo platform does not currently have a Rating or Review system. GoRoverGo reserves the right to add a Rating or Review system to the GoRoverGo platform at any time.
9.2 Ratings and Reviews by Guests must be accurate and may not contain any offensive or defamatory language.
9.3 PMCs are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about themselves. If a PMC wants to encourage users to leave a review on the GoRoverGo platform, the request to do so must be phrased using neutral language and without the promise of any compensation or consideration.
9.4 Ratings and Reviews are part of a PMC’s public profile and may also be surfaced elsewhere on the GoRoverGo Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
10.1 Guest agrees keep the Premises, furnishings and personal property (including, but not limited to, all appliances, housewares, and consumer electronics) in a clean and sanitary condition and in as good order and repair as they were at the commencement of this Rental Agreement, ordinary wear and tear excepted. Guest shall use all fixtures, appliances, and facilities in a reasonable manner. Guest agrees to pay for all damages to the Premises and necessary repairs. Guest acknowledges and agrees they are responsible for their, their Guests’, and their and their Guests’ pets’ own acts, omissions, negligence and willful misconduct. GoRoverGo will attempt to recover any damages in accordance with applicable law and pursuant to the lease agreement signed by Guest.
11.1 You are solely responsible for compliance with all laws, rules, regulations, and Tax obligations that may apply to or arise from your use of the GoRoverGo Platform. In connection with your use of the GoRoverGo Platform, you will not and will not assist or enable others to:
11.2 You acknowledge that GoRoverGo has no obligation to monitor the access to or use of the GoRoverGo Platform by any user or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the GoRoverGo Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure 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) respond to content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist GoRoverGo in good faith, and to provide GoRoverGo with such information and take such actions as may be reasonably requested by GoRoverGo with respect to any investigation undertaken by GoRoverGo or a representative of GoRoverGo regarding the use or abuse of the GoRoverGo Platform.
12.1 Term. This Agreement shall be effective beginning when you accept it, when you enter into a lease, sublease or GPA, upon creating an account on the GoRoverGo Platform, accepting an invitation to be added as a tenant or occupant in an Accommodation, when you first download, install, or otherwise access or use the Services or Accommodations, or taking any other action that would create a legal relationship between you or a company you represent with GoRoverGo, such as signing a lease, sublease, or signing an GPA. The term of This Agreement shall end in accordance with Section 12.2.
12.2 Termination.
12.2.1 You may terminate your account and this Agreement only if and as expressly permitted in accordance with the applicable Sublease Agreement, Booking Confirmation, or GoRoverGo Global Partner Agreement.
12.2.2 GoRoverGo may immediately, without notice, terminate this Agreement and/or stop providing access to the GoRoverGo Platform if (i) you have materially breached your obligations under these Terms, or the Sublease Agreement, (ii) you have violated applicable laws, regulations or third party rights, (iii) GoRoverGo believes in good faith that such action is reasonably necessary to protect the personal safety or property of GoRoverGo, participating PMCs, or third parties (for example in the case of fraudulent behavior of a Guest or Corporate Client), or (iv) GoRoverGo’s lease of, or right to use, any Accommodation terminates or expires for any reason. GoRoverGo reserves all rights and remedies available to us at law and equity including without limitation, the right to remove you and Your guests from the any accommodation.
12.2.3 In addition, GoRoverGo may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms or the Payments Terms, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the GoRoverGo Account registration, Listing process or thereafter, (iv) you and/or your PMC Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or GoRoverGo otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings, (vii) GoRoverGo believes in good faith that such action is reasonably necessary to protect the personal safety or property of GoRoverGo, its PMCs, or third parties, or to prevent fraud or other illegal activity:
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by GoRoverGo and an opportunity to resolve the issue to GoRoverGo‘s reasonable satisfaction.
12.2.4 When this Agreement has been terminated, you are not entitled to a restoration of your GoRoverGo Account or any of your Member Content. If your access to or use of the GoRoverGo Platform has been limited or your GoRoverGo Account has been suspended or this Agreement has been terminated by us, you may not register a new GoRoverGo Account or access and use the GoRoverGo Platform through an GoRoverGo Account of another Member.
12.3 Sections 5, 6, 7, 10, 11, 12, 13, 14, 15, 16, 17, 19 to of these Terms shall survive any termination or expiration of this Agreement.
If you choose to use the GoRoverGo Platform or Collective Content, you do so voluntarily and at your sole risk. The GoRoverGo Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied. You agree that you have had whatever opportunity you deem necessary to investigate the GoRoverGo Services, laws, rules, or regulations that may be applicable to your Listings you are receiving and that you are not relying upon any statement of law or fact made by GoRoverGo relating to a Listing. If we choose to conduct identity verification or background checks on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the GoRoverGo Platform, your publishing or any Listing or booking of any Accommodation via the GoRoverGo Platform, your stay at any Accommodation, and any participation in the Service remains with you. Neither GoRoverGo nor any other party involved in creating, producing, or delivering the GoRoverGo Platform will be liable for any incidental, special, exemplary or consequential damages, including lost profits, 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) from the use of or inability to use the GoRoverGo Platform, (iii) from any communications, interactions or meetings with any persons with whom you communicate, interact or meet with as a result of your use of the GoRoverGo Platform, or (iv) from your publishing or booking of a Listing, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not GoRoverGo has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable PMCs pursuant to these Terms and any lease obligations, in no event will GoRoverGo’s aggregate liability arising out of or in connection with these Terms and your use of the GoRoverGo Platform including, but not limited to, from your publishing or booking of any Listings via the GoRoverGo Platform, or from the use of or inability to use the GoRoverGo Platform and in connection with any Accommodation, or interactions with any other GoRoverGo or participating PMC affiliates, exceed the amounts you have paid or owe for bookings via the GoRoverGo Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability; as a Corporate Client in the twelve (12) month period in regards to the lease most relevant to a liability claim; or if you are a PMC, the amounts paid by GoRoverGo to you in the twelve (12) month period at the property any relevant liability claim is made at prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between GoRoverGo and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect GoRoverGo’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
To the maximum extent permitted by applicable law, you agree to release, defend (at GoRoverGo’s option), indemnify, and hold GoRoverGo and its affiliates and subsidiaries, including but not limited to, GoRoverGo, and their officers, directors, employees and agents, 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 or our Policies or Standards, (ii) your improper use of the GoRoverGo Platform or any GoRoverGo Services, (iii) your stay at an Accommodation 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, stay, participation or use, (iv) GoRoverGo’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
16.1.1 Binding Arbitration If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Harris County, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Harris County, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
16.1.2 Restrictions. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
16.1.3 Exceptions to Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
16.2 Jury Trial Waiver. You and GoRoverGo acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
16.3 No Class Actions or Representative Proceedings. You and GoRoverGo acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and GoRoverGo both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 16.3 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 16.3 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and GoRoverGo agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
16.4 Severability. In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
16.5 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if GoRoverGo changes this Section 16 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of GoRoverGo’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and GoRoverGo (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and GoRoverGo.
16.6 Survival. This Section 16 will survive any termination of these Terms and will continue to apply even if you stop using the GoRoverGo Platform or terminate your GoRoverGo Account.
17.1 We welcome and encourage you to provide feedback, comments and suggestions for improvements to the GoRoverGo Platform (“Feedback“). You may submit Feedback by emailing us at [email protected], the “Contact Us” section of the GoRoverGo Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
18.1 These Terms will be interpreted in accordance with the laws of the State of Texas and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 16 must be brought in state or federal court in Harris County, Texas, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Harris County, Texas.
19.1 Additional Terms. Your use of the GoRoverGo Platform and Accommodations is subject to all additional terms, policies, rules, guidelines, or instructions applicable to use of the GoRoverGo Platform or the Accommodations that we may post on, link to from, or provide you with in writing (e.g., by email, text message, or posted at or provided in the applicable Property) including through the PMC, including any Order Forms (and all exhibits, attachments, and addenda thereto), Lease Agreements (an all exhibits, attachments, and addenda thereto), Booking Confirmations, the GoRoverGo Global Partner Agreement (in the case of PMCs) (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, this Agreement.
19.2 No joint venture, partnership, employment, or agency relationship exists between you and GoRoverGo as a result of this Agreement or your use of the GoRoverGo Platform.
19.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
19.4 GoRoverGo’s 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. The specification in the Agreement of certain acts or omissions as bases for removing you from any Property shall not be construed as limiting our rights to remove you for any other reason allowed by applicable law. Our acceptance of a partial payment of any fees or other amounts owed to us pursuant to this Agreement will not constitute a waiver of our right to the full amount due, nor will our acceptance of fees or other amounts owed to us pursuant to this Agreement paid late ever constitute a waiver of our right to terminate this Agreement and remove you from any Property for such habitual late payment. Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of any provision. Nothing in this Agreement will affect your statutory rights as a consumer. Throughout this Agreement the use of the word “including” means “including but not limited to”. If any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
19.5 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without GoRoverGo‘s prior written consent. GoRoverGo may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice.
19.6 Advertisers. We may allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
19.7 California Users and Residents. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
19.8 Electronic Communications, Transactions, And Signatures. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by GoRoverGo via email, GoRoverGo Platform notification, or messaging service (including SMS, RCS, iMessage, and application-based messaging services such as WeChat). Please read our Privacy Policy to learn more about our electronic communications practices.
19.9 If you have any questions about these Terms please email us at [email protected]
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