These Terms are intended to explain our obligations as a service provider and your obligations as a user and Supplier. IT IS IMPORTANT THAT YOU READ ALL THE LODGABLE TERMS AND CONDITIONS CAREFULLY.
If you use this website, you are agreeing to be bound by these Terms without any modification or qualification. For convenience purposes, Lodgable may assign an Account Manager to assist you with your account on the site or may provide you with import tools. If a Lodgable Account Manager or any other Lodgable staff, employee, agent, import tool, or third party (“Support”) is acting on your behalf including but not limited to creating an account for you, assisting you in the signup process, helping you import or add Property Content , helping you add any Content, or helping you resolve a technical issue, by using the Site you agree to be bound by all of the Terms in this Agreement and related Lodgable Agreements. You agree that you yourself, not Support, are responsible for ensuring that all added property information, rates, availability, and any other information that pertains to your property (“Property Content”) is correct. You agree that Lodgable is not responsible for any Property Content discrepancies or inaccuracies, even if the Property Content were added via Support. You agree not to promote or advertise your properties to travelers until you have thoroughly verified your Property Content from within the Lodgable platform. If you use any Support, you will be treated the same as if you performed these tasks yourself and you agree not to hold Lodgable liable for any misspellings, errors, typos, damages, discrepancies, or inaccuracies. Lodgable is not responsible for technical connection issues with 3rd party software companies or technical issues from booking site connections and API data exchanges. Lodgable is not responsible for double bookings that occur due to technical issues between API connections. IF YOU ARE DISSATISFIED WITH THE LODGABLE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF OPERATING OUR SERVICE, UNLESS EXPRESSLY SET OUT IN THESE TERMS YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. If for any reason you are unable to meet all the conditions set forth under this agreement, or if you breach any of the Terms contained herein, your permission to use the System or access any of the Services offered by them immediately lapses and you must destroy any materials downloaded or printed from the System. Lodgable reserves the right, at its sole discretion, to modify the Site, System, Software or Services or to modify these Terms, including the Service Fees as explained in the Payment Terms, at any time and without prior notice. If we modify these Terms, we may post the modification on the Site or via the System or may provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, the System or Services after we have posted a modification on the Site or via the System, whether or not we provide you with a notice of modification, you are indicating by using the Site or System that you agree to be bound by the modified Terms . If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, System, and Services.
The following terms shall have the following meaning throughout the Terms.
b. “Applicable law” refers to the laws currently in force in Salt Lake County, Utah, in the United States of America which shall govern this agreement.
c. “Site” means this website, all related web pages, and all related websites operated by affiliates or divisions of Lodgable, but does not include any third party websites which are linked to or may link from this website whether or not such third party websites are used in connection with the Services.
d. “Service” and “Services” shall mean the property tools, reservation tools, work order tools, lead management tools, revenue management tools, accounting tools, distribution tools and other business-related services, and support offered through the System from time to time, to be used by the Client to market and manage short term rental units.
e. “Supplier,” “User,” “Member,” and “Customer” refers to any person who maintains an account with us and utilizes our Services, sells products, services, or supplies Property Content .
f. “Support” means free and paid technical support and assistance provided to users by Lodgable, and other third party contractors of Lodgable from time to time.
g. “Lodgable”, “we”, “us” shall refer to Lodgable, LLC. and all its affiliates and subsidiaries.
h. “System” means the Site and all mobile applications and other applications which provide access to the Services offered by Lodgable and its affiliates from time to time.
i. “Lodgable Parties” includes Lodgable, its affiliates, subsidiaries, partners, service providers, suppliers and contractors and each of their respective officers, online travel agency partners, third party travel sites, directors, agents, and employees.
j. “You” and “user” shall refer to any staff or contractor employed by Client, property owners with properties managed by Client, vendors with which Client has a formalized business arrangement, or any other persons who visits the Site or uses the System and includes a Supplier and its employees and agents.
o. “Property Content ” and “Accommodation” shall mean full descriptive information for each rental unit Client wishes to include in the System, including but not limited to the property name, description, location, amenities, calendar, rates, photos and other appropriate information. Property Content also includes all current and future reservations related to those properties.
k. “Content,” “Client Data,” “User Contributed Content,” “Supplier Content” and “Customer Content” shall mean Personal Data that Lodgable processes on Client’s behalf in the course of Client’s use of the System, including but not limited to Property Content , reservation details, guest details, vendor details, and billing information.
l. “Data Controller” shall mean the natural or legal person which determines the purposes and means of the processing of Personal Data.
m. “Data Processor” shall mean a natural or legal person which processes Personal Data on behalf of the Data Controller.
n. “Personal Data” shall mean data which relates to a living individual who can be identified (a) from those data, or (b) from those data and other information which is in the possession of, or is likely to come into the possession of, the Data Controller.
o. “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention center fees) that accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
p. “Booking Period” means an approved scheduled guest stay or reservation with a specific arrival and departure date.
q. “Guest” means a person who requests from a Supplier a booking of an accommodation via the Site, the Lodgable Parties, a Supplier’s Site, or another source.
The Site, System and Services are intended solely for persons who are eighteen (18) or older. Any access to or use of the Site, System or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, System or Services you represent and warrant that you are 18 or older.
Lodgable grants you a non-exclusive, non-transferable limited license to use the System and related resources in accordance with these Terms. The System is protected by United States and international copyright laws, international treaty provisions and applicable law. You agree not to infringe our intellectual property and the intellectual property of any third parties with whom we have partnerships, and you will comply with the terms of any applicable license agreements.
You acknowledge that you must provide for your own access to the World Wide Web and pay all costs associated with such access and with the use of the Services, as well as procure all equipment that is necessary in order to access the World Wide Web and use the Services, including but not limited to a computer, a modem, a printer, and in some cases a mobile device, tablet computer or other equipment. You shall also be responsible for the maintenance of such equipment.
You agree that any notices, disclosures, agreements and other communications that we may deliver or communicate to you from time to time comply with the terms of any applicable electronic documents legislation, including the requirement that such documents be in writing, are capable of being retrieved, reviewed, printed and stored for further use by you.
Lodgable may, without notice or liability, add, discontinue or revise any aspect, mode or design of the Services which include but not limited to the scope of service, time of service, or to the software/hardware required for access to the Services. Lodgable may also limit the geographic locations or jurisdictions where certain Services may be available.
Without prejudice to the foregoing, should there be a failure of or error, omission, defect, deficiency, delay causing downtime, or inability of a Supplier to access the Services for any length of time, including as a result of the permanent termination of service, the Supplier acknowledges and agrees that, except as otherwise set out herein, its only remedy for any error, omission, defect, deficiency, delay or other failure of the System or the Services whatsoever is to discontinue using the System and the Services.
The Suppliers and the users shall be responsible for maintaining the confidentiality of their usernames and password, and the Supplier will be responsible for all activities performed under their passwords, team members, as well as unauthorized use.
You assume sole responsibility for and shall ensure that any information, data, documents or materials used, disclosed, entered into or created using the System or in connection with the Services is accurate, reliable and complete and does not violate our content guidelines. You represent and warrant that you have obtained all required consents and comply with all applicable legislation, including without limitation privacy legislation, in connection with any use and disclosure of information relating to the use of the System and the Services. Lodgable accepts no responsibility for the accuracy of any information, data, documents or materials entered into or created using the System or the Services except as otherwise set out herein. The input, posting or uploading of any information and the storage of any information, data, documents or materials on the Service by us does not constitute our endorsement nor warranty as to the compliance of such information or materials with applicable legislation, nor to the accuracy, timeliness, materiality, completeness, or reliability of such information or materials.
By providing Lodgable a telephone number (including a mobile telephone number), you agree to receive calls from our staff, autodialed calls, and pre-recorded calls and/or messages. The ways in which you provide us a telephone number include, but are not limited to, providing a telephone number at Account opening, adding a telephone number to your Account at a later time, reaching out to Lodgable using a web contact form, emailing Lodgable, providing it to one of our employees, or by contacting us from that phone number. If a telephone number provided to us is a mobile telephone number, you consent to receive SMS or text messages at that number. Standard telephone minute and text charges may apply if we contact you.
You understand and agree that Lodgable may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Lodgable or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with Lodgable may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Lodgable, and Lodgable does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
a. We urge all users to be responsible about their use of this Site and any transaction entered into as a result of renting a property. We do not own or manage Properties listed on the Site and we do not act as real estate agents or travel agents. The System and Site act as a venue to aid homeowners and property managers to effectively manage their business for a specific unit or group of short term rental properties to potential renters. The Systems and Site may supply users with the capabilities to manage their short term rental inventory, pricing formats, online distribution, reservations, accounting, staff, outside leads, or other tools or services to allow users to communicate with each other and enter into rental agreements or other transactions.
b. We have not confirmed the accuracy and currency of Customer Content and we do not warrant that the Customer Content is accurate and current. The Customer Content is provided and maintained directly by the Customer and he/she takes sole responsibility for the accuracy and currency of it. We are in no way liable for loss or damage incurred as a result of any inaccuracies or misleading statements made in the Customer Content. The display of a Property on Customer or Third Party Websites does not constitute an endorsement or recommendation from us. We cannot guarantee nor be responsible for the condition of the Properties displayed on Customer or Third Party Websites, the right of Customers to offer a Property for rent or the ability of other users to pay for any rental. Lodgable will have no liability or responsibility with respect to User interactions with any other User, including any personal injury or damage that occurs at a Property advertised through the Services.
c. We do not take part in, or responsibility for, any rental transactions, booking arrangements or any property management issues. We are not a party in any rental contract. This is true even if the System or Site allows you to book a rental or provides other ancillary products or services, as the Site may facilitate booking a rental or other tools, services or products, but we are not a party to any rental or other agreement between users.
Members further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the listing of their rental property and the conduct of their rental business, including but not limited to credit card, data and privacy laws, rules & regulations, taxes, permit or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to rental properties listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion. Members who accept credit card, banking or other payment information from travelers agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.
Furthermore, you are entirely responsible for any activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. You agree to hold harmless and release the Lodgable Parties from any loss or liability whatsoever that you may incur as a result of someone other than you using your username, password or account, either with or without your knowledge. You agree to indemnify the Lodgable Parties for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not you were directly or personally responsible.
You acknowledge that the System and its structure, organization, and source code constitute valuable trade secrets of Lodgable. Accordingly, You agree not to (a) modify, adapt, alter, translate, or create derivative works from the System; (b) sublicense, lease, rent, loan, or otherwise permit a third party to use the System; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the System; or (d) otherwise use the System except as expressly allowed in these Terms of Service. You shall cooperate and make Your facilities, information, data and equipment available to Lodgable in a timely manner when helpful for completion of customer specific implementation or troubleshooting.
Certain online services (including access to online banking, online payments, online invoicing, digitization, storage of receipts, certain payroll related services, and other online services related to the use of the Site) may be provided by financial institutions and other third party service providers and not by us. You agree to hold harmless and release the Lodgable Parties from any liability relating to your use of such online services. Your access to and conditions of use of such services may be limited in accordance with the Terms published by such third party provider. You may be billed by your third party provider for such services and any such fees or costs (including text, data, phone, and delivery charges) are independent of Lodgable and will be paid by you. You represent and warrant that you have the right to provide us with usernames, passwords, personal information and other access credentials which we may require to access any third party services or accounts in connection with the Services.
You agree that Lodgable can place a reasonably sized and positioned logo and/or text link on website pages and emails included in the System, including on publicly accessible pages of Your website. You also agree that Lodgable may reference its relationship with You for marketing purposes.
Certain advertising information may be displayed through the System at Lodgable’s sole discretion. The display of advertising information shall not entitle You to any advertising fees or revenues from such advertising unless otherwise explicitly agreed to in writing by Lodgable. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the System, including payment and delivery of related goods or System, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that Lodgable shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
You must open an account with Lodgable Payment Services (“LPS”) to use the Services. After you sign up for use of the Site, you will be prompted to activate payments before you can create your first reservation or market your properties available for distribution with any Lodgable Parties or travel sites. During registration we will ask you for information including your name and other personal information. You must provide accurate and complete information in response to our questions. You must complete this and other processes to access any funds that you accept through the Services. You must also keep the information that you provide up-to-date. We reserve the right to suspend or terminate the LPS Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
By submitting or authorizing user contributed content, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your user contributed content, in connection with our business, the business of our affiliates, and all Lodgable Parties. Notwithstanding the foregoing, following the termination of an account, we will not continue to display or distribute the user contributed content that was provided to us.
You further grant us and our affiliates the ability to copyright and protect the user contributed content, including the images, copy, and content available via any member’s listing, from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. You further agree to assist us—at our expense and control—to protect such copyrighted material from unauthorized redistribution.
You agree that we may sublicense all the rights granted to us under these Terms to one or more third parties we may contract with to display all or part of the member’s property listing or otherwise provide promotional or other services related to our business.
Further, each member agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member’s property or the promotion of the Site.
In the event that it is determined that you retain any rights of attribution, integrity or any other moral rights in any user contributed content, you hereby declare that you do not require that any personally identifying information be used in connection with the user contributed content or any derivative works thereof and that you have no objection to the publication, use, modification, deletion or exploitation of the user contributed content by us or our affiliates.
By using the System, you also agree and grant all Lodgable Parties to receive first priority in regards to reserving, booking, holding, or blocking calendar availability for all rental units and accommodations entered in the System on a first come first served basis. If you receive a reservation request outside of the System for a time period that has already been booked or reserved by a Lodgable Party, you agree to not override, cancel, delete, edit, or double book the calendar availability for that rental unit that has already been reserved by a Lodgable Party to make room for another guest or reservation during that booking period. You agree that all all reservations created will be done on a first come first served basis and you will not give priority to you or any other party. This includes but is not limited to all in-house reservations, in-bound call reservations, reservation requests, friend reservations, family reservations, personal reservations, staff reservations, executive reservations, celebrity reservations, VIP reservations, or other walk-in guest reservations.
User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user’s purported identity. We encourage you to communicate directly with a traveler or user through the tools available on the System, though even this does not assure you of the identity of the person with which you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person’s identity and, for travelers, of the property and relevant details of your booking or proposed booking.
Lodgable and its licensors and suppliers own both the proprietary rights as well as the intellectual property rights to all URLs, materials, products, web content, webpage designs, web page layouts, images, text, tools, utilities and software that make up the Services, but excluding your data and information which you provide to us or input using the System and the Services. The technical procedures, processes, concepts and methods of operation that are inherent within the System constitute trade secrets. The usage of our Services does not constitute a sale or transfer of any intellectual property rights to the users. Without any prejudice to the foregoing, any information or data entered using the System by a user or otherwise provided for accessing the System on the user’s behalf shall at all material times remain the property of the user.
Materials on and relating to the System, including the content of the System and any software downloaded from the System, are protected by copyright, trade-mark and other intellectual property laws. Subject to your ownership of your user content and data, Lodgable reserves all rights in and to such materials. The Supplier will not make store, download, transfer, sell, reproduce, redistribute, transfer to any other server, modify, reverse engineer or copy the Services or any of the materials or software or any part of the System or any content therefrom without Lodgable’s express written consent. You will also take all reasonable steps to forestall any unauthorized use, copying or transfer of materials on or relating to the System.
Notwithstanding the above, you may, subject to the following conditions, use individual screen displays (screenshots) which you generate as a Supplier using the Services. Your use of screenshots is subject to the following:
Lodgable has rights to several trade-marks which it uses in connection with the operation of the System. Lodgable does not grant the users any right or license to use the Lodgable trademarks or any logo, trade-name or other intellectual property other than as expressly set out herein and in other licenses between you and us.
The users shall access the information stored using the Services for lawful purposes only and may not use such information for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability.
The users agree not to publish, post, upload, distribute, provide or enter any material or information that is illegal, unlawful or can be regarded as fraudulent, libelous, malicious, threatening, offensive, profane, obscene, fanning ethnic or racial tensions, immoral or any such information which any reasonable person would consider objectionable on grounds of good conscience.
No user shall use any means to restrict or prevent another user from accessing or enjoying the System.
No user shall be permitted to upload material into the System that he or she ought to know infringes on the intellectual property of others, or upload material that places unnecessary load as to affect the performances of our websites, systems and equipment. You may not use the System and the Services in a manner which could block access to, impair, damage or otherwise disable the System or any of our servers. You may not attempt to gain unauthorized access to the System or to any other user’s accounts, computer systems or networks through password miming, keystroke logging, hacking or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable laws.
No user shall lease, sell, pledge, sublicense, assign or otherwise deal with the software belonging to Lodgable in a manner that is inconsistent with our intellectual property rights over the software.
No user shall promote any commercial interest, falsify or delete any information on the System, collect personal information without express authority to do so, violate any applicable laws, create a false identity or utilize the System under false pretences.
You agree not to register domain names, sub-domain names, social network accounts, or business entities that are derivatives of or deceptively similar to Lodgable or its trademarks or that have the purpose or effect of criticizing, ridiculing, disparaging, or defaming Lodgable or its products, services, policies, directors, officers, shareholders, or employees.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 IN CONNECTION WITH ANY RELEASE PROVIDED BY YOU IN THESE TERMS, INCLUDING THE FOREGOING, WHICH SECTION STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Lodgable may terminate this agreement and your use of the System at any time without notice, including, without limitation, if you breach any of these terms. Suppliers may use Lodgable on an at-will basis until the agreement has been terminated by either party pursuant to the terms of this agreement or any related license agreement. The following are the ways in which the agreement between a Supplier and Lodgable may be terminated.
Upon such termination, you must immediately cease using the System indefinitely. At our own discretion, we may allow select users to regain use of the System. We may at our option immediately block your access to the System.
You own all of your business’s private data, content and all information which you enter and use in connection with the Services. We do not claim any rights, proprietary or otherwise over any data or information which you may use or disclose in connection with the Service and the System. Notwithstanding the above, there may be circumstances in which we may be required to disclose data, such as the following:
You may, when using our Site and Services, be directed to websites maintained by other third party service providers. Some of the functionality of the Services and the System interoperate with, and are highly dependent upon, application programming interfaces (APIs) from third parties. If at any point such third party services cease to make themselves or their APIs available to us on reasonable terms, we may cease to provide those third party services without entitling you to a refund, credit or other compensation. Your only recourse shall be to stop using the System and the Services. In addition, we may grant third parties access to some or all of your private data, content and information through our own API for use in connection with their services.
You acknowledge that such sites and services are completely independent of the System and as we have no control over them, we accept no liability in respect of your use, ability or inability to use them or any of the content of such sites. In addition, we may at any time in our discretion and without notice to you, discontinue providing our API to such third party services. You acknowledge that any use of the products and services offered by such third party services providers (eg. for the purposes of payment processing, direct deposit services, payroll tax return preparation, filing and government remittances) will be at your sole risk. You acknowledge that use of such third party service providers and their websites and services is, except where prohibited or modified by applicable law, subject to the terms, conditions and policies established by the third party service providers. You expressly hold us harmless and hereby release us from any liability whatsoever whether arising out of contract, tort or otherwise for and from any Claims (defined below) arising out of your use of, or inability to use, the products and services of third party service providers whether or not such use is ancillary to your use of the System. The availability of such third party services in connection with the System does not constitute an endorsement, warranty, or representation as to the fitness, suitability, merchantability, title, non-infringement, quality, or accuracy of the third party provider or its products or services.
Neither party should be held liable for a delay or failure in performance of the agreement for services caused by reason of any occurrence of unforeseen event beyond its reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions. The party so affected by the unforeseen event shall be so excused on a day-to-day basis for the period of time equal to that of the underlying cause of delay.
Except as otherwise set out herein, this Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the State of Utah and the laws of the United States of America applicable therein as applied to agreements entered into and to be performed entirely within Salt Lake County, Utah, in the United States of America, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. This agreement and any actions whatsoever taken by you in connection herewith and with any Service, software, tool, application or functionality, will be deemed to have been performed in Utah, United States of America. The parties hereto irrevocably submit and attorn to the exclusive jurisdiction and venue of the courts of Salt Lake County, Utah, in the United States of America.
You waive all rights to a trial by jury in connection with any legal proceeding or dispute against us. You further agree that any dispute or proceeding which you may bring against us shall be conducted on an individual basis and not a class-wide basis and that any such proceeding or dispute shall not be consolidated with any other dispute or proceeding which might arise between us and any other user.
The website www.Lodgable.com, and the names Lodgable, Lodgable Software, Lodgable Property Management Software, Lodgable Vacation Rentals and System are property of Lodgable, LLC. a company incorporated under the State of Utah.
You and we expressly acknowledge and agree that this agreement and all related agreements, schedules, materials, licenses and policies be drafted in the English language only.
The Services offered by Lodgable may allow Suppliers to: direct Lodgable to access and retrieve their own financial information maintained online by third party institutions (e.g. banks) with which they have pre-existing relationships (e.g. to maintain a bank account or pay bills); use third party service providers to accept and make payments on the Supplier’s’ behalf; make bank deposits using third party services; and other services related to the System. Lodgable works with financial institutions and other third party service providers to retrieve financial and other information for the purpose of providing the Services. However, Lodgable does not review this information for any purpose, including but not limited to accuracy. It is entirely your responsibility to ensure the accuracy, completeness and timeliness of any information required by us or any third party service providers in connection with any of the Services.
Suppliers and users are responsible for maintaining the confidentiality of their usernames, passwords and other access credentials which allow them use the System and access the Services.
You acknowledge that you intend to use the System and the Services for business purposes and not for individual consumer, household or domestic purposes. The System is intended for use by short term rental homeowners and short term rental property management companies that comply with all laws and regulations in their place of residence, place of conducting business, and supplying goods or service. Lodgable’s relationship with You shall be that of an independent contractor and nothing in these Terms of Service shall be construed to create a partnership, joint venture, or employer-employee relationship. You shall be solely responsible for all tax returns and payments required to be filed with or made to any federal, state or local tax authority with respect to the license to or use of the System.
Some of the content provided on the System from time to time may be contributed by users. You represent and warrant that any content or material provided to us does not breach the rights, including copyright, of others.
Procedure for Reporting Copyright Infringement Claims: If you believe your copyright in any work has been infringed and such work is accessible through the System, you may notify Lodgable’s copyright agent pursuant to the Digital Millennium Copyright Act of 1998 (DMCA) for notice of claims of copyright infringement here, Attention: Copyright Agent. For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement, which Lodgable may then forward to the alleged infringer:
You may provide this information in writing or by email notification to the following Designated Agent:
Attention: DMCA Office Agent
698 W 10000 S Suite 250, South Jordan, UT 84095, United States of America
Upon receiving your complaint, Lodgable may remove content that you believe infringes your copyright.
Procedure for Counter-Notification: If material that you have posted to the System has been taken down, you may file a counter-notification by contacting Lodgable’s copyright agent, which counter-notification must contain the following details:
NOTE THAT YOU MAY BE HELD LIABLE FOR DAMAGES, COURT COSTS AND ATTORNEY’S FEES INCURRED BY US, BY A COPYRIGHT OWNER, OR BY A COPYRIGHT OWNER’S LICENSEE IF YOU PROVIDE ANY FALSE INFORMATION, OR MISREPRESENT YOURSELF AS THE RIGHTFUL OWNER OF COPYRIGHTED MATERIAL. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
This information should not be construed as legal advice. For further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c).
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Lodgable account (“Account”) and your use of our services. Communications include:
We will provide these Communications to you by posting them on the Lodgable website and/or by emailing them to you at the primary email address listed in your Lodgable Account Settings profile.
Under the Electronic Signatures in Global and National Commerce Act (E-Sign), \ the Lodgable Terms and all electronically executed documents related hereto are legally binding in the same manner as are hard copy documents executed by hand. By signing up for Lodgable on the Site, as part of a mobile or web application, you agree (i) that the this agreement and related documents shall be effective by electronic means, (ii) to be bound by the terms and conditions of this Agreement and related documents, (iii) that you have the ability to print or otherwise store this Agreement and related documents, and (iv) to authorize us to conduct an investigation of your credit history with various credit reporting and credit bureau agencies for the sole purpose of determining the approval of the applicant for merchant status or equipment leasing. This information is kept strictly confidential and will not be released.
You agree to allow Lodgable and the Lodgable Parties to use your name, company name, and/or logo in promotional and/or marketing materials and/or case studies and agree to allow Lodgable and the Lodgable Parties to identify you as a user and customer of Lodgable.