Terms of Use

Terms of Use Agreement

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and LodgyFix. (“we,” “us,” or “our”) doing business as LodgyFix, concerning your access to and use of https://www.lodgyfix.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site” or “Platform”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all these Terms of Use. If you do not agree with all these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site.

Terms of Use Updates

Supplemental Terms of Use or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.

We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

We reserve the right to withdraw or amend the site, and any service or material provided on the platform, at our sole discretion without notice. We will not be liable if for any reason all or any part of the site is unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entire site, to users, including registered users.

You are responsible for the following:

1. Making all arrangements necessary for you to have access to the LodgyFix Platform.
2. Ensuring that all persons who access the LodgyFix Platform through your internet connection are aware of these Terms of Use and comply with them.

If you create or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the site or portions of it using your username, password, or other security information. You will be responsible for all activities that occur under that password. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You also represent and warrant that:

1. you will not select or utilize a username of another person with intent to impersonate that person
2. you will not select or utilize a username in which another person has rights, if you do not have that person’s authorization to use such name
3. you will not select or utilize a username that we in its sole discretion deems offensive

We have the right to disable any username, password, or other identifiers, whether chosen by you or provided by us, at any time in its sole discretion for any or no reason, including if (in our opinion) you have violated any provision of these Terms of Use.

We are not part of any Transaction.

Our Platform acts as a venue to allow property owners or managers who advertise on the platform (each or a “Property Owner”) to offer for rent in a variety of pricing formats, a specific short-term rental property (“Property”) to potential renters (each or a “Traveler” and, collectively with the Property Owners, the “users”). We do not own or manage any Property listed on the Platform, do not enter a lease(s) or other transactions with Property Owners and Travelers, are not a party to a rental agreement or other transaction between users, and provides no insurance relating to any transaction. We urge all users to be responsible for their use of the platform and any transaction entered because of either listing a property or renting a property.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

Except as follows:

1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
3. You may print or download one copy of a reasonable number of pages of the site for your own personal, non-commercial use, or for legitimate business purposes relating to your role as a potential or current property owner, supplier, or customer of LodgyFix, and not for further reproduction, publication, or distribution.
4. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by LodgyFix’ end user license or services agreement for such applications.

You must not:

1. Modify copies of any materials from the site.
2. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our platform.

Except as otherwise agreed to between you and LodgyFix, you must not reproduce, duplicate, copy, sell, trade, resell, exploit, access, or use for any commercial purposes any part of our site or any services or materials available through the platform.

If you wish to make any use of material on our Platform other than that set out in this section, please address your request to: support@lodgyfix.com

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our platform in breach of the Terms of Use, your right to use the platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the site or any content on our platform is transferred to you, and all rights not expressly granted are reserved by us. Any use of our platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. WE INTEND TO FULLY PROSECUTE ALL VIOLATIONS OF APPLICABLE AND PURSUE ALL AVAILABLE REMEDIES.

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Trademarks

Our, LodgyFix name and logos, and all related names, logos, product and service names, designs, and slogans are trademarks of LodgyFix or its affiliates or licensors. You must not use such marks without the prior written permission of LodgyFix. All other names, logos, product, service names, designs, and slogans on this site are the trademarks of their respective owners.

Prohibited Activities

You may use the site only for lawful purposes and in accordance with these Terms of Use. You agree not to use our site for the following:

1. In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
2. For exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
3. To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
4. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation.
5. To impersonate or attempt to impersonate LodgyFix, a LodgyFix´ employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our platform, or which, as determined by us, may harm LodgyFix or users of our platform, or expose them to liability.

Additionally, you agree not to:

1. Use our platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of our site, including their ability to engage in real time activities through our platform.
2. Use any robot, spider or other automatic device, process or means to access our site for any purpose, including monitoring or copying any of the material on our site.
3. Use any manual process to monitor or copy any of the material on our platform or for any other unauthorized purpose without our prior written consent.
4. Use any device, software or routine that interferes with the proper working of our platform.
5. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our site, the server on which our Platform is stored, or any server, computer or database connected to our site.
7. Attack our platform via a denial-of-service attack or a distributed denial-of-service attack.
8. Otherwise attempt to interfere with the proper working of our platform.

User Contributions

LodgyFix’ Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blogs, community areas, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through our platform.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to our platform will be considered non-confidential and non-proprietary. By providing any User Contribution on our site, you grant LodgyFix and its affiliates and service providers, and each of their and LodgyFix´ respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

1. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and LodgyFix´ affiliates and service providers, and each of their and our respective licensees, successors and assigns.
2. All your User Contributions are truthful, accurate, appropriate and comply with applicable law.
3. All your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not LodgyFix, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of our site.

Monitoring and Enforcement; Termination

We have the right to:

1. Remove or refuse to post any User Contributions for any or no reason in its sole discretion. We may add, change, discontinue, remove, edit, or suspend such User Contributions at any time for any reason without notice to you, without your permission, and without liability.
2. Take any action with respect to any User Contribution that LodgyFix deems necessary or appropriate in our sole discretion, including if we belief that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of our platform or the public or could create liability for LodgyFix.
3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our platform.
5. Terminate or suspend your access to all or part of our platform for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, LodgyFix has the right to fully cooperate with any law enforcement authorities or court order requesting or directing LodgyFix to disclose the identity or other information of anyone posting any materials on or through the LodgyFix platform. YOU WAIVE AND HOLD HARMLESS LODGYFIX AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we cannot and do not undertake to review all material before it is posted on our site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, LodgyFix assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

Content Standards

These content standards (the “Content Standards”) apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws, and regulations. Without limiting the foregoing, User Contributions must not:

1. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
3. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms of Use and LodgyFix´ Privacy Policy.
5. Be likely to deceive any person.
6. Promote any illegal activity, or advocate, promote or assist any unlawful act.
7. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
8. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
9. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
10. Give the impression that they emanate from or are endorsed by LodgyFix or any other person or entity if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy set forth below for instructions on sending us a notice of copyright infringement. It is the policy of LodgyFix to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through our platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk. LodgyFix refuses all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our site, or by anyone who may be informed of any of its contents.

Our platform includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by LodgyFix, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of LodgyFix. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to LodgyFix’s Platform

We may update the content on the LodgyFix’s platform from time to time, but its content is not necessarily complete or up to date. Any of the material on our Platform may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to our Platform

All information we collect on our platform is subject to LodgyFix’s Privacy Policy. By using our platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to our Platform and Social Media Features

You may link to our platform´s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without LodgyFix´ express written consent.

Our platform may provide certain social media features that enable you to:

1. Link from your own or certain third-party LodgyFix Platforms to certain content on our platform.
2. Send e-mails or other communications with certain content, or links to certain content, on our platform.
3. Cause limited portions of content on our platform to be displayed or appear to be displayed on your own or certain third-party LodgyFix Platforms.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms of use we provide with respect to such features. Subject to the foregoing, you must not:

1. Establish a link from any LodgyFix Platform that is not owned by you.
2. Cause our platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
3. Link to any part of our platform other than the homepage.
4. Otherwise take any action with respect to the materials on our platform that is inconsistent with any other provision of these Terms of Use.

LodgyFix platform from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our discretion.

Links from LodgyFix Platform

If our platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party LodgyFix Platforms linked to this LodgyFix platform, you do so entirely at your own risk and subject to the Terms of Use of use for such LodgyFix Platforms.

Geographic Restrictions

The owners of this platform, LodgyFix, are based in the United States. We provide this platform for use only by persons traveling in the United States. We make no claims that our platform or any of its content is accessible or appropriate outside of the United States. Access to our platform may not be legal by certain persons or in certain countries. If you are visiting our platform or using the services from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your registration or personal information) across international boundaries. By visiting our platform, using the services, and/or communicating electronically with us, you consent to such transfers. If you access the LodgyFix platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties and Other Disclaimers

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to LodgyFix’s site for any reconstruction of any lost data.

LODGYFIX WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE LODGYFIX PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE LODGYFIX PLATFORM OR FROM LODGYFIX, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY LODGYFIX PLATFORM LINKED TO IT.

YOUR USE OF OUR PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR PLATFORM, IS AT YOUR OWN RISK. OUR PLATFORM OR FROM LODGYFIX, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR PLATFORM OR FROM LODGYFIX, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER US NOR ANY PERSON ASSOCIATED WITH LODGYFIX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER US NOR ANYONE ASSOCIATED WITH LODGYFIX REPRESENTS OR WARRANTS THAT OUR PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR PLATFORM OR FROM LODGYFIX WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT LODGYFIX PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR PLATFORM OR FROM LODGYFIX WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THE LODGYFIX PLATFORM IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTENT TO LODGYFIX AND BY POSTING INFORMATION ON OUR PLATFORM, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED, OR ANOTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS OF USE.

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD LODGYFIX OR ANY THIRD-PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF OUR PLATFORM. LODGYFIX HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY, OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON OUR PLATFORM. YOU SHOULD TAKE REASONABLE PRECAUTIONS WHEN ENTERING INTO ANY TRANSACTION.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL LODGYFIX, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR PLATFORM OR SUCH OTHER WEBSITES (INCLUDING ALL SERVICES PROVIDED BY US), INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IF YOU ARE DISSATISFIED WITH OUR PLATFORM, YOU DO NOT AGREE WITH ANY PART OF THE TERMS OF USE, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST LODGYFIX, ANY THIRD-PARTY PROVIDER, OR ANY USER OF OUR PLATFORM, WITH RESPECT TO THESE TERMS OF USE, OR OUR PLATFORM, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST LODGYFIX IS TO DISCONTINUE USING OUR PLATFORM. IN ALL EVENTS, LODGYFIX’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH OUR PLATFORM IS LIMITED TO THE NUMBER OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless LodgyFix, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of our platform, including, but not limited to, your User Contributions, any use of our platform’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from LodgyFix´s site.

General Release

BECAUSE LODGYFIX IS NOT INVOLVED IN TRANSACTIONS BETWEEN PROPERTY OWNERS AND TRAVELERS OR OTHER USER DEALINGS, IF A DISPUTE ARISES BETWEEN ANY USERS, EACH PARTY RELEASES LODGYFIX (AND ITS RESPECTIVE AGENTS, EMPLOYEES, AND AFFILIATES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. EACH USER FURTHER RELEASES US FOR AND FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, ARISING FROM, RELATED TO, OR IN CONNECTION WITH:

(A) USE OF OUR PLATFORM.

(B) ACTIONS, INACTIONS, AND/OR OMISSIONS OF OTHER USERS.

(C) THE PROMOTION OR ADVERTISING OF PROPERTY ON OUR PLATFORM.

(E) THE USE OF OUR PLATFORM TO OFFER FOR RENT OR TO FACILITATE THE RENT OF PROPERTY.

Governing Law and Jurisdiction

All matters relating to our platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule (whether of the State of Nevada or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or our platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nevada in each case located in the City and County of Las Vegas, although LodgyFix retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At our sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or our platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Nevada law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE PRIVACY POLICY, OR RELATED IN ANY WAY TO OUR PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by LodgyFix of any term or condition set forth in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LodgyFix to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Property Owner Services

All listings of property through our platform or other transactions for the sale of services or information formed through our platform or as a result of visits made by you are governed by LodgyFix Property Listing Terms of Use, located at https://www.lodgyfix.com/kb/terms-of-use which are hereby incorporated into these Terms of Use.

Entire Agreement

The Terms of Use, Privacy Policy, and any other documents referenced in the Terms of Use, and any services agreement or license terms between the parties, including any Property Listing Terms of Use, constitute the sole and entire agreement between you and LodgyFix with respect to our platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to our platform.

Your Comments and Concerns

Our platform is operated by LodgyFix.

All notices of copyright infringement claims should be sent to the copyright agent designated in LodgyFix’s Copyright Policy as set forth below in the manner and by the means set forth therein. All other feedback, comments, requests for technical support, and other communications relating to our platform should be directed to: hello@lodgyfix.com.