Terms of Use Agreement
These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and A&G Business Enterprises (“we,” “us,” or “our”), doing business as LODGYFIX.com, concerning your access to and use of the website https://www.LODGYFIX.com, as well as any other media form, media channel, mobile website, or mobile application related to or connected with it (collectively, the “Site” or “Platform”).
By accessing or using the Site, you confirm that you have read, understood, and agreed to be bound by these Terms of Use. If you do not agree to all of these Terms, you are expressly prohibited from using the Site and 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 would subject us to any registration requirement within that jurisdiction or country.
Accordingly, individuals who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with applicable local laws.
The Site is intended for users who are 18 years of age or older. Individuals under the age of 18 are not permitted to register for or use the Site.
Terms of Use Updates
Supplemental terms or other documents that may be posted on the Site from time to time are hereby expressly incorporated into these Terms of Use by reference. We reserve the right, in our sole discretion, to modify or update these Terms of Use at any time and for any reason.
We will notify users of any changes by updating the “Last Updated” date at the top of these Terms. By continuing to use the Site after such updates are posted, you acknowledge and agree to the revised Terms. You waive any right to receive individual notice of changes.
It is your responsibility to periodically review these Terms of Use to remain informed of any updates.
We reserve the right to withdraw or amend the Site, and any service or material we provide, at our sole discretion and without notice. We will not be liable if any part of the Site becomes unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Site, including to registered users.
You are responsible for:
- Making all necessary arrangements to access the LODGYFIX Platform.
- Ensuring that anyone who accesses the Site through your internet connection is aware of these Terms of Use and complies with them.
If you create, or are provided with, a username, password, or other security credentials, you must treat such information as confidential and not disclose it to any third party. Your account is personal to you, and you agree not to allow anyone else to access the Site using your credentials.
You are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your username or password, or any other breach of security. You also agree to log out of your account at the end of each session and to take precautions when accessing your account from public or shared devices.
By creating an account, you represent and warrant that:
- You will not choose or use a username that impersonates another person;
- You will not use a username to which another person holds rights without authorization;
- You will not use a username that we, in our sole discretion, deem offensive or inappropriate.
We reserve the right to disable any username, password, or other identifier—whether chosen by you or assigned by us—at any time and for any reason, including if we believe you have violated any part of these Terms of Use.
We Are Not a Party to Any Transaction
The Platform serves solely as a venue for property owners or managers (each, a “Property Owner”) to list short- and mid-term rental properties (“Properties”) and for potential renters (each, a “Traveler”) to browse and book those Properties. Property Owners and Travelers are collectively referred to as “users.”
We do not own, operate, or manage any of the Properties listed on the Platform. We do not enter into lease agreements or other contracts on behalf of either Property Owners or Travelers. We are not a party to any rental agreement, transaction, or other contractual arrangement between users. We do not provide insurance coverage or guarantees related to any listing, booking, or transaction made through the Platform.
All users are solely responsible for their interactions, communications, and transactions conducted through the Platform. We strongly encourage all users to exercise judgment and conduct appropriate due diligence before entering into any rental agreement.
Intellectual Property Rights
Unless otherwise indicated, the Site and all content contained therein are the proprietary property of A&G Business Enterprises d/b/a LODGYFIX.com (“LODGYFIX,” “we,” or “us”). This includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics (collectively, the “Content”), as well as all trademarks, service marks, and logos displayed on the Site (the “Marks”). These materials are protected by United States and international copyright, trademark, and other intellectual property or proprietary rights laws.
The Content and Marks are provided on the Site “AS IS” for your personal, non-commercial use only. Except as expressly permitted in these Terms of Use, you may not:
- Copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Site, Content, or Marks for commercial purposes without our prior written consent.
Limited License
If you are eligible to use the Site, you are granted a limited, non-exclusive, non-transferable license to:
- Access and use the Site;
- Download or print a reasonable number of pages or Content for your personal, non-commercial use;
- Use any desktop, mobile, or other downloadable applications we make available, subject to the applicable end-user license agreement.
Permitted Uses Include:
- Temporary copies stored in your computer’s RAM as part of normal access.
- Files cached automatically by your web browser.
- One printed or downloaded copy of reasonable pages for personal use, or for legitimate business use if you are a property owner, supplier, or customer of LODGYFIX.
- One copy of any downloadable application, solely for your own use, provided you agree to its license terms.
Prohibited Uses Include:
You must not:
- Modify copies of any materials from the Site.
- Use images, audio, video, or graphics separately from the accompanying text.
- Remove or alter any copyright, trademark, or proprietary rights notices.
- Reproduce, duplicate, sell, resell, trade, or exploit the Site or any of its content for commercial purposes, unless expressly permitted.
Permission Requests
If you wish to use any content beyond the scope described above, please send your request to: support@LODGYFIX.com
Violation Consequences
If you print, copy, modify, download, or otherwise use any part of the Site in violation of these Terms, your right to use the Site will terminate immediately. At our discretion, you may be required to return or destroy any unauthorized copies.
No right, title, or interest in or to the Site or any content is transferred to you. All rights not expressly granted are reserved. Unauthorized use of the Site or its content may violate copyright, trademark, and other laws. We reserve the right to enforce our intellectual property rights to the fullest extent of the law.
Trademarks
The name LODGYFIX, our logos, and all related names, product and service names, designs, and slogans are trademarks of LODGYFIX or its affiliates or licensors. You may not use any of these marks without the prior written permission of LODGYFIX.
All other names, logos, product and service names, designs, and slogans displayed on the Site are the trademarks of their respective owners.
Prohibited Activities
You may use the Platform only for lawful purposes and in accordance with these Terms of Use. By accessing or using the Platform, you agree not to engage in any of the following activities:
A. Unlawful or Harmful Behavior
- Use the Platform in violation of any applicable federal, state, local, or international law or regulation (including, without limitation, laws regarding the export of data or software to and from the U.S. or other countries).
- Exploit, harm, or attempt to exploit or harm minors in any way, including by exposing them to inappropriate content or soliciting personally identifiable information.
- Upload, download, transmit, or re-use any material that violates the Content Standards outlined in these Terms.
- Transmit, or solicit the transmission of, any unsolicited advertising or promotional materials, including “junk mail,” “chain letters,” “spam,” or any other similar solicitation.
- Impersonate or attempt to impersonate LODGYFIX, a LODGYFIX employee, another user, or any other person or entity (including by using email addresses or screen names associated with any of the foregoing).
- Engage in conduct that restricts or inhibits any other user’s use or enjoyment of the Platform, or which, as determined by LODGYFIX, may harm LODGYFIX or other users, or expose them to liability.
B. Interference with Platform Functionality
- Use the Platform in a manner that could disable, overburden, damage, or impair its performance or interfere with any other user’s ability to use it.
- Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying content.
- Use any manual process to monitor or copy content without our prior written consent.
- Use any device, software, or routine that interferes with the proper operation of the Platform.
- Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Platform, its servers, or any systems or networks connected to it.
- Launch a denial-of-service (DoS) attack or a distributed denial-of-service (DDoS) attack against the Platform.
- Otherwise attempt to interfere with the proper functioning of the Platform.
User Contributions
The LODGYFIX Platform may include message boards, forums, blogs, user profiles, chat rooms, community areas, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit content or materials (collectively, “User Contributions”) to other users or the public.
All User Contributions must comply with the Content Standards outlined in these Terms of Use.
By submitting User Contributions through the Platform, you agree that:
- Your contributions will be considered non-confidential and non-proprietary.
- You grant LODGYFIX, its affiliates, service providers, licensees, successors, and assigns a worldwide, royalty-free, irrevocable, and transferable license to use, reproduce, modify, perform, display, distribute, and otherwise disclose such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license described above.
- Your User Contributions are truthful, accurate, appropriate, and comply with all applicable laws.
- Your contributions do not violate these Terms of Use.
You acknowledge and agree that:
- You are fully responsible for your own User Contributions, including their legality, reliability, and appropriateness.
- LODGYFIX is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user.
Monitoring and Enforcement; Termination
We reserve the right, at our sole discretion, to:
- Remove or refuse to post any User Contribution for any reason or no reason at all.
- Modify, suspend, or delete any content or materials on the Platform without notice or liability.
- Take any action we deem necessary, including removing content that:
- Violates these Terms or Content Standards,
- Infringes any intellectual property or legal rights,
- Poses a threat to personal safety, or
- Could expose LODGYFIX to legal liability.
- Disclose your identity or other relevant information to a third party who claims that your User Contribution violates their rights (including intellectual property or privacy rights).
- Pursue legal action or refer matters to law enforcement in response to illegal or unauthorized use of the Platform.
- Suspend or terminate your access to the Platform for any reason, including violations of these Terms.
We may fully cooperate with law enforcement or comply with any court order that requires us to disclose the identity or information of anyone posting materials on the Platform.
YOU AGREE TO WAIVE AND HOLD HARMLESS LODGYFIX, ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS ARISING OUT OF ACTIONS TAKEN by any of the foregoing parties during or as a result of investigations, or from legal actions taken by law enforcement. Please note that while we reserve the right to review, monitor, or remove content, we are under no obligation to do so. We do not guarantee the prompt removal of objectionable content and assume no liability for user-generated content or any related actions or inactions.
Content Standards
These Content Standards apply to all User Contributions and use of Interactive Services on the LODGYFIX Platform. All User Contributions must fully comply with applicable federal, state, local, and international laws and regulations.
Without limiting the generality of the above, User Contributions must not:
- Contain material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other protected category.
- Infringe any intellectual property rights, including but not limited to copyrights, patents, trademarks, trade secrets, or moral rights.
- Violate the legal rights of others, including rights of publicity and privacy, or contain material that may give rise to civil or criminal liability under applicable laws, or that conflicts with these Terms of Use or our Privacy Policy.
- Include false or misleading information, or be likely to deceive or mislead any person.
- Promote or encourage illegal activity, or advocate, promote, or assist any unlawful act.
- Cause unreasonable annoyance, inconvenience, or anxiety, or be likely to upset, embarrass, alarm, or harass others.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or unauthorized sales, including contests, sweepstakes, barter, or advertising, unless expressly permitted by us.
- Create the false impression that the content is endorsed by or originates from LODGYFIX or any other person or entity, if that is not the case.
Copyright Infringement
If you believe that any User Contributions infringe your copyright, please refer to our Copyright Policy (linked if applicable) for detailed instructions on how to submit a proper notice of infringement.
LODGYFIX maintains a strict policy of terminating user accounts of repeat copyright infringers in accordance with the Digital Millennium Copyright Act (DMCA) and applicable law.
Reliance on Information Posted
The information available on or through the LODGYFIX Platform is provided for general informational purposes only. While we strive to keep content current and accurate, we make no guarantees regarding its accuracy, completeness, or usefulness. Any reliance you place on such information is strictly at your own risk, and LODGYFIX disclaims all liability and responsibility for any such reliance by you, other users, or anyone who may be informed of the content.
Our platform may include content provided by third parties, including:
- Other users of the platform,
- Bloggers,
- Third-party licensors,
- Syndicators,
- Aggregators, and
- External reporting services.
All statements, opinions, responses to questions, and other content (excluding content provided directly by LODGYFIX) are solely those of the individuals or entities providing them and do not necessarily reflect the views of LODGYFIX.
We do not endorse and are not responsible or liable for the content or accuracy of any third-party materials.
Changes to the LODGYFIX Platform
We may update the content on the LODGYFIX Platform at any time. However, we do not guarantee that all content will always be complete, accurate, or up to date. Any material on the Platform may be outdated at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Platform
All information we collect through your use of the Platform is subject to our Privacy Policy (link if available). By using the Platform, you consent to our collection, use, and disclosure of your information as described in the Privacy Policy.
Linking to Our Platform and Social Media Features
You may link to the homepage of the LODGYFIX Platform, provided that you do so in a way that is fair, legal, and does not damage or exploit our reputation. You must not establish a link in a way that suggests any form of association, approval, or endorsement by LODGYFIX without our prior written consent.
Our Platform may include features that allow you to:
- Link from your own website or certain third-party websites to content on our Platform.
- Send emails or other communications that include links to content on our Platform.
- Display limited portions of content from our Platform on your own or third-party websites.
You may use these features only as provided by us, and only with respect to the content with which they are displayed. You must also comply with any additional terms we provide for such features.
Except as explicitly permitted, you may not:
- Establish a link from any website that you do not own or control.
- Frame, deep-link, or in-line link to our Platform or any part of it.
- Link to any page of the Platform other than the homepage.
- Use any part of the Platform in a manner that violates these Terms of Use.
Any website from which you link to the LODGYFIX Platform—or where you display our content—must comply with the Content Standards set forth in these Terms of Use.
You agree to cooperate with us to immediately remove any unauthorized links or framing. We reserve the right to withdraw linking permission at any time, without notice.
We may also disable any social media features and links at our sole discretion, without prior notice..
Links from the LODGYFIX Platform
The LODGYFIX Platform may contain links to third-party websites and resources. These links are provided solely for your convenience, including those in advertisements such as banner ads and sponsored links.
LODGYFIX has no control over the content of third-party sites and is not responsible for any content, accuracy, policies, or practices of such websites. We do not endorse any third-party websites linked from our Platform.
If you choose to access any third-party websites through links on our Platform, you do so entirely at your own risk and are subject to the terms and conditions and privacy policies of those third-party sites.
Geographic Restrictions
LODGYFIX is based in the United States and is intended for use by persons traveling within the United States. We do not claim that our platform or its content is accessible or appropriate outside the United States. Accessing or using our platform from other countries may be subject to local laws, which you are solely responsible for complying with.
If you use the platform from outside the United States, your communications and any information you provide (including registration and personal data) may be transferred across international borders. By using the platform or communicating with us electronically, you consent to such international data transfers.
Accessing LODGYFIX from outside the United States is done at your own risk and initiative.
Disclaimer of Warranties and Other Disclaimers
You understand and acknowledge that we cannot guarantee that files available for download from the internet or through the LODGYFIX Platform will be free from viruses, malware, or other harmful code. You are solely responsible for implementing adequate procedures and safeguards to protect your devices and data, including antivirus protection and backup systems.
LODGYFIX is not liable for any loss or damage caused by a distributed denial-of-service (DDoS) attack, viruses, or other technologically harmful material that may infect your devices or data due to your use of our Platform, any services or items obtained through it, or your downloading of any content from our Platform or any third-party websites linked to it.
Your use of the LODGYFIX Platform, its content, and any services or items obtained through it is at your own risk. The Platform, its content, and any services or items obtained through it are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied.
Neither LODGYFIX nor any person associated with us makes any representation or warranty regarding the completeness, reliability, security, accuracy, or availability of the Platform. Without limiting the foregoing, we make no warranties that:
- The Platform or its content will be accurate, error-free, or uninterrupted;
- Defects will be corrected;
- The Platform or the server that makes it available are free of viruses or other harmful components;
- The Platform or any services or content will meet your expectations or requirements.
We expressly disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose.
You acknowledge that communications to and from the Platform are not confidential and may be read or intercepted by others. Posting or submitting content to LODGYFIX does not create any confidential, fiduciary, or other special relationship between you and us, unless otherwise explicitly agreed in writing.
We are not responsible for content posted by users, including listings, reviews, or messages. We do not guarantee the accuracy, quality, or safety of user-provided content or the outcome of any transaction entered into on or through the Platform. We are not a party to rental or other agreements between users and do not offer insurance or guarantees related to such transactions. You should always exercise caution and perform appropriate due diligence before entering into any agreement.
This disclaimer does not affect any warranties that cannot be excluded or limited under applicable law.
Limitation of Liability
To the fullest extent permitted by law, LODGYFIX, its affiliates, and their respective licensors, service providers, employees, agents, officers, or directors will not be liable for any damages of any kind arising out of or in connection with your use—or inability to use—our Platform, any websites linked to it, or any content, services, or items obtained through our Platform or such other websites. This includes, but is not limited to:
- Direct, indirect, special, incidental, consequential, or punitive damages;
- Personal injury, pain and suffering, or emotional distress;
- Loss of revenue, profits, business, or anticipated savings;
- Loss of use, goodwill, or data;
- Any other loss or damage, whether caused by tort (including negligence), breach of contract, or otherwise—even if foreseeable.
If you are dissatisfied with any part of our Platform, these Terms of Use, or any related services or third-party providers, your sole and exclusive remedy is to stop using the Platform.
In any case, the maximum total liability of LODGYFIX to you for any claim arising out of or in connection with your use of the Platform shall be limited to the total amount of fees you have paid to us, if any, in the twelve (12) months preceding the event giving rise to the claim.
Nothing in this section limits or excludes liability that cannot be excluded or limited under applicable law.
Indemnification
You agree to defend, indemnify, and hold harmless LODGYFIX, its affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns from and against any and all:
- Claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys’ fees),
arising out of or relating to:
- Your violation of these Terms of Use;
- Your use of the Platform, including your User Contributions;
- Any use of our content, services, or products other than as expressly authorized in these Terms of Use;
- Your use of any information obtained from the LODGYFIX platform.
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 the LODGYFIX platform and these Terms of Use — including any disputes or claims arising from or related to them (whether contractual or non-contractual) — shall be governed by and interpreted in accordance with the internal laws of the State of Ohio, without regard to any choice or conflict of law provisions (whether of Nevada or any other jurisdiction).
You agree that any legal action or proceeding related to these Terms of Use or your use of the platform must be brought exclusively in the state or federal courts located in Cleveland, Ohio. However, LODGYFIX reserves the right to bring legal action against you in your country of residence or any other relevant jurisdiction.
By using the platform, you waive any objection to the jurisdiction of these courts and to venue in these courts.
Arbitration
At our sole discretion, LODGYFIX may require you to resolve any dispute arising out of or related to these Terms of Use or your use of the platform—including any dispute regarding the interpretation, breach, validity, enforcement, or termination of these Terms—through final and binding arbitration.
Such arbitration will be conducted under the Rules of Arbitration of the American Arbitration Association (AAA) and governed by the laws of the State of Ohio.
You agree that arbitration will be the exclusive method of resolving such disputes, except as otherwise provided herein. Judgment on the arbitrator’s award may be entered in any court having jurisdiction.
The arbitration shall be held in Cleveland, Ohio, and the costs shall be shared equally unless the arbitrator determines otherwise.
Limitation on Time to File Claims
Any claim or cause of action you may have arising out of or relating to these Terms of Use, the Privacy Policy, or your use of the LODGYFIX platform must be filed within one (1) year after the claim or cause of action arises.
If not filed within that time frame, the claim is permanently barred, regardless of any statute or law to the contrary.
Waiver and Severability
No waiver by LODGYFIX of any term or condition in these Terms of Use shall be considered a continuing waiver or a waiver of any other term or condition. The failure of LODGYFIX to enforce any right or provision under these Terms of Use shall not be deemed a waiver of such right or provision.
If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, that provision will be removed or limited to the extent necessary so that the remaining provisions of the Terms will remain in full force and effect.
Property Owner Services
All property listings made through our platform, as well as any transactions involving services or information resulting from your use of the platform, are governed by the LODGYFIX Property Listing Terms of Use, available at https://www.LODGYFIX.com/kb/terms-of-use.
These Property Listing Terms of Use are incorporated by reference into these Terms of Use and form a binding part of your agreement with LODGYFIX.
Entire Agreement
These Terms of Use, together with our [Privacy Policy], the Property Listing Terms of Use, and any other documents expressly incorporated by reference, constitute the entire agreement between you and LODGYFIX regarding the use of our platform.
This agreement supersedes all prior or contemporaneous understandings, communications, representations, and warranties—whether oral or written—regarding the subject matter of the platform.
Your Comments and Concerns
This platform is operated by LODGYFIX.com.
Notices of copyright infringement should be sent to the designated copyright agent, as outlined in LODGYFIX’s Copyright Policy, using the method specified therein. For all other inquiries, including feedback, technical support requests, or general questions about our platform, please contact us at: hello@lodgyfix.com.