Platform Terms of Use and Property Owner Listing Agreement

The Platform is operated by BLUE COLLAR HOUSING LLC, a Texas limited liability company ("Blue Collar Housing," "we," "us," or "our"). Our notice address is 5900 Balcones Drive, Suite 100 Austin, TX 78731 and our contact email is bluecollarhousing@gmail.com.

People and businesses who advertise property on the Platform are "Property Owners." People who search the Platform for lodging are "Renters." Sections 4 through 6 apply only to Property Owners.

If you create an account, submit a listing, pay or renew a listing fee, or check a box confirming that you agree to these Terms, you enter into this agreement with us and all of these Terms apply to you. We keep a record of each acceptance.

You may browse the Platform without an account. If you do, we give you permission to use the Platform on the conditions in Sections 9, 10.3, 12, 14, and 15, and we may withdraw that permission at any time. We do not treat browsing on its own as acceptance of the remaining Terms, including Section 16.

You must be at least 18 years old and able to enter into a binding contract. If you use the Platform on behalf of a company or other organization, you confirm that you have authority to bind it, and "you" means that organization.

We may update these Terms. We will post the updated version with a new "Last updated" date, and the changes apply going forward only. If a change materially affects fees, automatic renewal, our liability, or how disputes are resolved, we will email registered users 30 days before it takes effect, and for Property Owners the change will apply from the start of the next listing term rather than during a term already paid for. We may make a change during a current term where it is reasonably needed to comply with law, protect security, prevent fraud, or keep the Platform running, but such a change will not increase the price of a term you have already paid for.

Our Privacy Policy is a separate notice describing how we handle personal information. It does not form part of these Terms.

Blue Collar Housing publishes advertisements placed by Property Owners for furnished and unfurnished lodging, and gives Renters tools to search and filter those advertisements and to contact Property Owners directly. In support of that service we administer accounts, review listings before publication, bill and manage listing subscriptions, send service email, and respond to support requests.

We do not undertake to act as a landlord, a tenant, a property manager, a leasing agent, a real estate broker, a residential rental locator, a booking or reservation service, a travel agent, an escrow agent, a tenant screening service, or a guarantor of anyone, and we are not a party to any rental agreement. We do not collect rent or security deposits, hold booking calendars, inspect properties, negotiate rental terms, or represent either side in a rental.

Nothing in these Terms or in your use of the Platform creates an agency, partnership, joint venture, franchise, employment, or fiduciary relationship between you and us.

We publish advertisements and provide neutral search and filtering tools. Renters decide which properties to look at and which Property Owners to contact. We do not select or recommend properties for a Renter, choose which Property Owners receive a Renter's inquiry, or negotiate rental terms. Any inquiry a Renter sends through the Platform goes to the Property Owner the Renter chooses. Our only compensation from Property Owners is the flat listing fee described in Section 5, which is payable whether or not the property is ever rented.

Property Owners need an account to submit and manage listings. The information you give us when you register must be accurate and complete, and you must keep it current.

You are responsible for your login credentials and for everything done through your account. Tell us promptly at bluecollarhousing@gmail.com if you think someone else has gained access to it.

Do not share your account with anyone else, create an account in another person's name, or transfer your account to someone else.

We may refuse to open an account, and we may suspend or close an existing account, on the grounds set out in Section 13.

Each time you submit or update a listing, you confirm that you own the property or are authorized by the owner to advertise and rent it; that everything in the listing is accurate and not misleading, including the rate, the fees, what is included, the number of units, and availability; that you own or have permission to use every photograph and every piece of text you upload; that renting the property does not breach any lease, mortgage, HOA rule, permit condition, zoning rule, or other law; that you will comply with fair housing and anti-discrimination law; and that you are responsible for any tax, registration, license, or permit that applies to your rental activity.

We review each listing before it goes live. The review is an editorial and policy check. We look at whether the listing is complete, whether it is in the right category, whether the content appears to comply with these Terms and with Section 8, and whether anything about it suggests fraud or a safety problem.

We do not inspect properties. We do not verify ownership, authority to rent, permits, insurance, habitability, safety, condition, availability, or rates, and we do not check the identity, background, or conduct of any Property Owner or Renter. Publication is not an endorsement, a recommendation, or confirmation that a listing is accurate or lawful.

We may ask you to change a listing, hold it while we ask you questions, decline to publish it, or remove it after publication. We do this where a listing appears inaccurate, misleading, fraudulent, unsafe, discriminatory, unlawful, competitive with our businesss, outside the property types we accept, or in breach of these Terms, or where you do not respond to a reasonable request for information. If we decline a listing before publication, no fee is due and any authorization you have given is not charged.

Update your listing when the rate, availability, or details change, and take it down when the property is no longer available. A listing that is materially out of date may be removed under Section 4.4.

Tell us, and we will unpublish the listing. Listings and accounts are not transferable. A new owner who wants to advertise the same property needs their own account and their own listing. Unpublishing in these circumstances does not produce a refund.

A single property listing is $99 per year and covers one property or private unit, such as a house, apartment, cabin, garage apartment, camper, RV spot, or room. As long as you have at least one single property listing at the price above, any additional units at the same address are $10 per unit per year, up to six units at one address, and run to the same renewal date as the primary listing. A commercial listing is $249 per year and covers multifamily properties, apartment complexes, hotels, RV parks and resorts, and any property with more than six units. The price that applies to you is the price shown at checkout.

No fee is due when you submit a listing. If we approve the listing, a payment option appears in your dashboard. We publish the listing once payment succeeds.

Listing fees are charged through Stripe as an annual subscription. Your use of Stripe is subject to Stripe's own terms and privacy policy. Before we take any payment, we show you the amount, the length of the term, the renewal date, the renewal price, and how to cancel, and we ask you to confirm that you authorize the first charge and the automatic renewals that follow. We keep a record of that authorization.

A listing term runs for 365 days from the date the listing is published.

Unless you cancel first, your listing renews automatically for a further 365 days and we charge the payment method on file at the renewal price disclosed at checkout, or at the price notified to you under Section 5.7. We email you a reminder 30 days before each renewal, setting out the renewal date, the renewal price, and how to cancel.

If you list free of charge or at a promotional price, we tell you at checkout what you are paying today, what the listing will renew at, and the date of that renewal, and we ask you to authorize the renewal separately. A promotional price applies to the first term only unless we say otherwise. Coupons have no cash value and may have an expiration date or be withdrawn if they are misused.

We may change our listing fees. A change never affects a term you have already paid for. If the price of your listing goes up, we email you 30 days before the renewal date, and your listing renews at the new price unless you cancel before then.

Stripe or we may retry a failed renewal payment as disclosed at checkout or in your billing settings, and we will let you know if a payment fails. If payment has not succeeded within ten (10) days of the renewal date, we may unpublish the listing.

Prices exclude any sales or similar tax we are required to collect, which is added at checkout where it applies. You are responsible for all taxes on your own rental income, including any hotel or occupancy tax.

If you dispute a charge with your card issuer instead of contacting us, we may unpublish your listings while the dispute is open. Please contact us first at bluecollarhousing@gmail.com. We can usually resolve a billing problem faster than the dispute process can.

You can cancel automatic renewal at any time from your dashboard, in the same way you signed up and without contacting anyone. No notice period applies. We send you a confirmation by email.

Canceling stops the next renewal. Your listing stays live until the end of the term you have paid for, unless you take it down sooner. Before you delete a listing, we tell you what will happen to the subscription and ask you to confirm. Deleting a listing also cancels its automatic renewal.

Listing fees are not refundable once a listing has been published, including where the property is rented, sold, withdrawn, or becomes unavailable, and including where we remove the listing because you have broken these Terms. We do refund duplicate charges, charges taken in error, and charges for a listing we never published because of a technical failure on our side, and we refund where the law requires it. Section 12.4 applies if we discontinue the Platform during your term.

Every inquiry, negotiation, viewing, application, lease, payment, and dispute is between the Property Owner and the Renter. We are not part of it and we take no responsibility for how it turns out.

Ask questions, ask for documents, see the property, and satisfy yourself about the other person before you commit money or sign anything. Property Owners are responsible for their own applications, screening criteria, credit and background checks, adverse action notices, deposits, leases, evictions, and property condition. Renters are responsible for deciding whether a property and an owner are right for them.

We never collect, hold, or transmit rent, deposits, application fees, or any other money that passes between a Property Owner and a Renter.

You release Blue Collar Housing from claims arising out of your dealings with another user, including claims about property condition, habitability, rent, deposits, cancellations, evictions, injury, property damage, and the acts or omissions of another user. This release does not cover our own breach of these Terms, our fraud, our gross negligence or willful misconduct, or anything that cannot be released as a matter of law.

Blue Collar Housing supports equal housing opportunity. Every listing published here must comply with the federal Fair Housing Act and with any state or local fair housing law that applies where the property is located.

A listing must not state or suggest any preference, limitation, or discrimination based on race, color, religion, sex, familial status, national origin, or disability, or on any other characteristic protected by applicable law where the property is located or prohibited under our listing standards, including sexual orientation, gender identity, and source of income. This applies to explicit statements and to coded ones. Do not advertise a property as being for adults only, as unsuitable for children, or as limited to men or women outside the narrow circumstances the law allows for shared living space. Do not describe occupancy limits in terms of who the occupants are rather than how many there are.

Do not state that a no-pets policy automatically excludes assistance animals. Fair housing law generally treats a request to keep an assistance animal as a request for a reasonable accommodation, which is assessed on its own terms and is not governed by a pet policy.

Do not advertise a property that is not available, quote a rate you do not intend to honor, use photographs of a different property, or use a listing to attract inquiries about something else.

We may reject, require correction of, suspend, or remove a listing that breaches this Section and we may close the account of a Property Owner who does so repeatedly. We may keep a record of a removed listing for legal and compliance purposes. Anyone can report a listing to us at bluecollarhousing@gmail.com.

Do not use the Platform to post false, fraudulent, or misleading content; to advertise a property you have no right to advertise; to impersonate anyone or misstate your connection with a person or business; to harass, threaten, or defraud another user; to send spam or marketing to Property Owners or Renters; to break any law; or to arrange anything unlawful.

Do not scrape, harvest, copy, republish, or resell listings or other Platform content, use bots or other automated means to access the Platform, reverse engineer it, get around any security or access control, or interfere with its normal operation.

Contact details published in a listing are there so Renters can inquire about that property. Do not use them for anything else, and do not collect them in bulk.

You keep ownership of the photographs, text, and other material you upload.

You give us a non-exclusive, worldwide, royalty-free license to host, store, back up, reproduce, resize, crop, reformat, display, and distribute your listing content in order to run the Platform and to promote the Platform and your listing, including in search results, on maps, in link previews, and in our own marketing. We may pass that license through to the service providers we use to run the Platform. The license lasts for as long as the listing is published and for a reasonable period afterward for backup, archival, legal, and fraud prevention purposes. We may reformat your content but we will not materially change what it says.

The Platform itself, including its design, text, graphics, logos, and software, belongs to us or to our licensors. You may use it as an ordinary user and for nothing else.

If you send us suggestions about the Platform, we may use them freely and without owing you anything.

If you believe content on the Platform infringes your copyright, send a notice to our designated agent: 5900 Balcones Drive STE 100, Austin, TX 78731, bluecollarhousing@gmail.com.

Identify the work you say has been infringed and the material you want removed, including its URL. Give us your name, address, telephone number, and email address. State that you believe in good faith that the use is not authorized by the copyright owner, its agent, or the law, and that the information in your notice is accurate. State, under penalty of perjury, that you are the copyright owner or are authorized to act for the owner. Sign the notice electronically or physically.

We remove or disable access to material that is the subject of a complete notice and tell the user who posted it.

If your material was removed and you believe that was a mistake or a misidentification, you may send a counter notice to the agent named above. It must identify the material and where it appeared before removal, state under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification, give your name, address, and telephone number, consent to the jurisdiction of the federal district court for the district where you live, or for the federal judicial district where Blue Collar Housing is located if you live outside the United States, agree to accept service of process from the person who sent the original notice, and carry your electronic or physical signature. We forward a complete counter notice to the person who complained, and we restore the material not less than 10 and not more than 14 business days after receiving it unless that person tells us they have filed a court action to restrain the activity.

We maintain and reasonably implement a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe copyright. Anyone who knowingly makes a false claim in a notice or counter notice may be liable for damages.

We use third parties to host the Platform, store data, process payments, display maps, and send email. We choose them but we do not control them, and we are not responsible for their acts or omissions or for outages on their side. We may change providers at any time.

Links to other websites are for convenience. We do not control or endorse them.

We work to keep the Platform available but we do not promise that it will be uninterrupted, error free, or available at any particular time. We may take it down for maintenance and we may add, change, or withdraw features.

If we permanently discontinue the Platform while your listing term is running, we refund the unused part of your listing fee on a pro rata basis.

You may stop using the Platform and close your account at any time. Closing an account does not entitle you to a refund. Section 6 explains how cancellation and refunds work.

We may unpublish a listing, suspend an account, or close an account where a user does not pay, breaks these Terms, gives us false information, refuses to provide information we reasonably need, discriminates, infringes intellectual property, uses the Platform unlawfully, or creates a serious risk to other users or to us. Where the circumstances allow, we warn the user first and give them a chance to put it right.

On termination your right to use the Platform ends and we may remove your listings. Fees already due remain payable.

Sections 4.1, 7, 10, and 14 through 18 survive termination, along with any other provision that by its nature should.

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE MAKE NO WARRANTY ABOUT ANY PROPERTY OR ANY USER, INCLUDING AS TO CONDITION, HABITABILITY, SAFETY, LEGALITY, AVAILABILITY, OWNERSHIP, RATES, THE ACCURACY OF ANY LISTING, OR THE IDENTITY, HONESTY, OR CONDUCT OF ANY PROPERTY OWNER OR RENTER.

Nothing in these Terms limits any right you have that cannot be limited by agreement. In particular, nothing here waives any right under the Texas Deceptive Trade Practices Consumer Protection Act, and if any part of Sections 14 to 16 is unenforceable in your jurisdiction, it applies only to the extent the law allows.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST RENTAL INCOME, LOST DATA, OR LOSS OF GOODWILL, EVEN IF WE HAVE BEEN TOLD THEY ARE POSSIBLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO A PROPERTY OWNER FOR ALL CLAIMS RELATING TO THE PLATFORM OR THESE TERMS IS LIMITED TO THE LISTING FEES THAT PROPERTY OWNER PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE FOR THE LISTING THE CLAIM RELATES TO. OUR TOTAL LIABILITY TO ANY OTHER USER IS LIMITED TO ONE HUNDRED DOLLARS ($100), TO THE EXTENT ENFORCEABLE AGAINST THAT USER UNDER APPLICABLE LAW.

These limits do not apply to our fraud, our gross negligence or willful misconduct, or any liability that cannot be limited by law.

If you are a Property Owner, you will defend and indemnify Blue Collar Housing against claims, damages, losses, and reasonable legal costs arising out of your property, your listing and its content, your rental activity, your dealings with Renters, your breach of these Terms, and your breach of any law, including fair housing law, tax law, and permitting or licensing requirements.

If you hold an account and are not a Property Owner, you will defend and indemnify us against claims arising out of content you submit through the Platform and out of your unlawful use of the Platform. This Section does not apply to visitors who browse without an account.

We will tell you promptly about any claim we want covered, let you control the defense with counsel we reasonably approve, and cooperate with you at your expense. You may not settle a claim in a way that admits fault on our part or imposes an obligation on us without our written consent.

Texas law governs these Terms and any dispute arising out of them or out of your use of the Platform, without regard to conflict of law rules.

Any claim must be brought in the state or federal courts sitting in Galveston County, Texas, and you and we consent to the jurisdiction of those courts. This does not stop either of us from bringing a claim in small claims court where it qualifies.

Either of us may ask any court of competent jurisdiction for an injunction to protect intellectual property, confidential information, or the security of the Platform.

We send notices to the email address on your account, and you are responsible for keeping it current. You send notices to us at bluecollarhousing@gmail.com, with legal notices also sent to 5900 Balcones Drive, Suite 100 Austin, TX 78731.

You agree to receive communications from us electronically, including notices about your account, your listings, billing, and renewals. These are service messages and you cannot opt out of them while you hold an account. Marketing email is separate and you can unsubscribe from it at any time.

We may assign these Terms, including to a successor entity on a reorganization, merger, or sale of the business or its assets. You may not assign these Terms or your account without our written consent.

These Terms are the entire agreement between you and us about the Platform and replace anything said or written before. If the disclosure shown to you at checkout conflicts with these Terms as to the plan, the price, a discount, the length of the term, or the renewal date, the checkout disclosure controls for that listing. If a provision is held unenforceable, the rest continues in force and that provision applies to the greatest extent the law allows.

If we do not enforce a provision, we do not give up the right to enforce it later.

Neither of us is liable for a delay or failure caused by something outside our reasonable control, including natural disasters, severe weather, fire, power or internet failure, failure of a hosting or payment provider, government action, and civil disturbance. This Section does not excuse a payment obligation that has already fallen due.

These Terms are between you and us. Nobody else has rights under them.

Questions about these Terms can be sent to bluecollarhousing@gmail.com.