These Listing Terms and Conditions (“Terms and Conditions”) form a legally binding agreement between you—whether as an individual or on behalf of a business entity (“you”)—and LODGYFIX.com (“we,” “us,” “our,” the “platform,” or the “site”), doing business as LODGYFIX.com.
These Terms govern your use of the LODGYFIX.com website (www.LODGYFIX.com), any related content, features, and services, as well as any mobile or desktop applications operated by us (collectively, the “LODGYFIX.com Platform”).
They specifically apply to Homeowners and Property Managers who list short- mid-term rental properties (“Properties”) on the platform, whether using the site as a guest or registered user.
By using the LODGYFIX.com platform—or by clicking to accept or agree to these Terms and Conditions when prompted—you, as a Homeowner or Property Manager, agree to be bound by these Terms, as well as our Terms of Use and Privacy Policy, which are incorporated by reference.
If you do not agree to these Terms, including the Terms of Use and Privacy Policy, do not access or use the platform.
In the event of any conflict between these Terms and the Terms of Use or Privacy Policy, these Listing Terms and Conditions will take precedence.
1. Property Advertising Services
Subject to these Terms and Conditions—and payment of all applicable fees—LODGYFIX.com grants Homeowners or Property Managers a limited, revocable, non-exclusive license to access and use the platform solely for the purpose of advertising short- and mid-term rental properties to individuals seeking such accommodations (“Travelers”).
2. LODGYFIX.com Is Not a Party to Rental Transactions
LODGYFIX.com does not enter into leases or rental agreements with Homeowners, Property Managers, or Travelers. We are not a party to any transaction between these parties.
We do not manage bookings, handle payments, or collect rent. All rental fees, charges, and payments are handled directly between the Homeowner or Property Manager and the Traveler.
We are also not involved in resolving disputes between Travelers and Homeowners or Property Managers.
3. Identity Verification and Background Checks
Verifying a Traveler’s identity over the Internet is inherently difficult. LODGYFIX.com does not verify the identity or background of Travelers and assumes no responsibility for doing so.
We encourage Homeowners and Property Managers to communicate directly with Travelers using the tools provided on our platform. However, even direct communication does not guarantee the identity or trustworthiness of the Traveler.
You are solely responsible for conducting any background checks or taking any other reasonable steps you believe are necessary before accepting a Traveler or proceeding with a booking.
4. Traveler Ratings
Homeowners and Property Managers acknowledge that our platform is designed to connect Travelers only with those who uphold the highest standards of professionalism, service, and quality. Travelers may rate and review Homeowners or Property Managers at any time. By using the platform, Homeowners and Property Managers agree to maintain these high standards and to uphold a Traveler rating that meets or exceeds the minimum threshold established by us. This minimum rating requirement may be updated by us from time to time.
5. A Distribution of Listings to Third Party Websites
To help Homeowners and Property Managers reach a wider audience, we may share your listing information with third-party websites or enable its distribution through other external platforms. Additional terms and conditions may apply to such distribution, and we will notify you of any such terms via email or another communication channel.
6. Homeowner or Property Manager Obligations and Responsibilities
6.1 Compliance with Applicable Law:
Homeowners and Property Managers are solely responsible for complying with all applicable laws, regulations, and requirements related to the listing of their properties and the operation of their rental business. This includes, but is not limited to, compliance with laws and regulations concerning:
• Taxes
• Credit card and payment processing
• Data protection and privacy
• Permits and licensing
• Zoning ordinances
• Safety standards
• Anti-discrimination and fair housing laws
Homeowners and Property Managers who collect or process credit card, banking, or other payment information from Travelers must handle and safeguard such data in accordance with all applicable legal, regulatory, and industry best practices.
6.2 Property Listings
All property listings on the LODGYFIX.com Platform are the sole responsibility of the Homeowner or Property Manager. LODGYFIX.com expressly disclaims any liability arising from the accuracy of listings, traveler reviews, or any alleged breach of contract by a Traveler.
Homeowners and Property Managers are solely responsible for ensuring that all information related to their properties is accurate and up to date, including (but not limited to) details about amenities, location, pricing, availability, and any other representations. This responsibility includes updating availability regularly and responding to inaccuracies promptly.
LODGYFIX.com does not guarantee the accuracy or completeness of any listing content, reviews, guestbook entries, pricing, availability, or geographic information displayed on the Platform, even where Travelers have searched using specific filters such as dates, offers, or property types.
From time to time, LODGYFIX.com may provide services or tools to assist in creating or enhancing listing quality. We may also update or modify geographic descriptions or locations used in listings and search results without prior notice. However, we are not responsible for verifying listing content or location accuracy.
Homeowners and Property Managers are solely responsible for verifying and maintaining accurate geographic and descriptive information and agree to promptly correct (or request correction of) any inaccuracies.
LODGYFIX.com reserves the right to suspend or remove any listing if a Homeowner or Property Manager fails to comply with this Section, including failure to update property availability for more than 60 days.
6.3 License and Rights Granted to LODGYFIX.com
(a) License to Use User Contributions
By submitting or authorizing any content (“User Contributions”)—including text, images, property descriptions, and likenesses—Homeowners or Property Managers grant LODGYFIX.com and its affiliates a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, and fully paid-up license to use, reproduce, adapt, distribute, display, perform publicly, transmit, modify, sublicense (through multiple tiers), and otherwise exploit such content in connection with LODGYFIX.com’s business and the business of its affiliates.
(b) Protection of User Contributions
Homeowners or Property Managers also authorize LODGYFIX.com to protect the User Contributions—including images and written content—from unauthorized use by third parties. This includes the right to register copyrights, seek legal remedies (such as injunctive relief), and take any action necessary to prevent piracy or unauthorized distribution. LODGYFIX.com will bear the cost and have full control of any enforcement actions, and Homeowners or Property Managers agree to cooperate as reasonably required.
(c) Sublicensing and Moral Rights
Homeowners or Property Managers agree that LODGYFIX.com may sublicense the rights granted under this Section to third parties who support the marketing, display, or promotion of the property or the platform. LODGYFIX.com may also reproduce or use any submitted images or content, in whole or in part, for promotional purposes.
To the extent any moral rights (such as rights of attribution or integrity) apply to User Contributions, the Homeowner or Property Manager expressly waives those rights or agrees not to enforce them. Specifically, they agree that personally identifying information is not required in connection with the use or modification of the User Contributions and that they have no objection to how such content is used, altered, or published by LODGYFIX.com or its affiliates.
6.4 Limitations on Communications and Use of Traveler Information
Homeowners and Property Managers agree that any personal information about Travelers obtained—directly or indirectly—through the LODGYFIX.com Platform or related communications may only be used under the limited license granted by LODGYFIX.com for the following purposes:
• Communicating with Travelers for legitimate, platform-related purposes, excluding
unsolicited commercial messages.
• Using services provided through the LODGYFIX.com Platform.
• Facilitating or inquiring about a financial transaction with a Traveler that is directly related
to the use of the Platform.
Any other use of Traveler information requires the Traveler’s express permission. Homeowners and Property Managers may not use Traveler information for any unlawful purpose or in any unlawful manner.
Homeowners and Property Managers must:
• Provide Travelers with the ability to review what information has been collected about
them.
• Offer Travelers a clear and easy way to opt out or request deletion of their personal
information from any database, contact list, or other records maintained by the
Homeowner or Property Manager.
• Never share Traveler information with any third party without both the Traveler’s consent
and LODGYFIX.com’s written consent.
Homeowners and Property Managers must safeguard Traveler personal information with at least the same level of care they use to protect their own confidential data, applying reasonable security standards. They assume full liability for any misuse, loss, or unauthorized access to such data.
LODGYFIX.com maintains a strict no-spam policy. Homeowners and Property Managers may not:
• Add Travelers to email or physical mailing lists without the Traveler’s explicit consent,
even if a Traveler has previously booked with them.
• Use any tool or service provided through the LODGYFIX.com Platform to send spam or
unsolicited commercial electronic communications of any kind.
Homeowners and Property Managers are fully responsible for all content they provide on or through the LODGYFIX.com Platform, including communications made using its tools and services.
6.5 Translations and Maps
If any content provided by a Homeowner or Property Manager is translated for display on the LODGYFIX.com Platform or on an affiliated site, LODGYFIX.com does not guarantee the accuracy, completeness, or quality of such translations. Homeowners and Property Managers are solely responsible for reviewing and verifying the accuracy of all translated content.
Maps and location data displayed on the LODGYFIX.com Platform may be provided by third-party services, including Google Maps. Use of these maps is subject to the Google Maps Terms of Service, available at: http://www.google.com/intl/en_us/help/terms_maps.html.
6.6 Insurance
LODGYFIX.com does not provide liability, property, or any other type of insurance coverage for Homeowners or Property Managers. It is the sole responsibility of the Homeowner or Property Manager to obtain and maintain adequate insurance to protect their property and Travelers.
Homeowners and Property Managers represent and warrant that they have, or will obtain, appropriate insurance coverage prior to hosting their first Traveler through the LODGYFIX.com Platform. This coverage must remain in effect through the Traveler’s entire stay.
Upon request, Homeowners and Property Managers agree to provide LODGYFIX.com with proof of valid insurance coverage relevant to the listed Property.
6.7 Fees & Payment Terms
Fees. Homeowners and Property Managers authorize LODGYFIX.com to charge all applicable fees and expenses as outlined in the agreed-upon order between the parties.
Unless otherwise specified in writing:
• A 12-month Membership Plan for 1 listing is $129.00
• A 12-month Membership Plan for 2 listings is $229.00
All membership plans automatically renew at the end of the current term, unless canceled in accordance with LODGYFIX.com’s cancellation policy.
6.8 Automatic Renewal of Membership plans
Membership plans paid by credit card will automatically renew at the end of each term for an additional term of the same duration, charged at the then-current non-promotional rate for the applicable plan. This automatic renewal ensures uninterrupted service.
If a Homeowner or Property Manager wishes to pause or cancel auto-renewal, they must contact LODGYFIX.com’s support team prior to the expiration of the current term. Requests to pause or cancel auto-renewal made via email, voicemail, or other informal communications must be submitted through official support channels to be valid. LODGYFIX.com does not currently offer a self-service option for disabling auto-renewal through the account portal.
Once auto-renewal is paused or canceled, the Membership plan will remain active until the end of the current term but will not renew automatically thereafter.
If the Membership plan expires or is not renewed, and the Homeowner or Property Manager later wishes to reactivate or purchase a new plan, they will be required to pay the then-current non-promotional rate.
By not pausing or canceling auto-renewal, the Homeowner or Property Manager expressly authorizes LODGYFIX.com to charge the credit card on file at the end of each term for the next term, at the applicable rate and for the same service.
Compliance with Ohio’s Automatic Renewal Law:
In accordance with Ohio law, LODGYFIX.com will provide reminder emails at least 30 days prior to the Membership plan’s renewal date. Homeowners and Property Managers may cancel or pause auto-renewal at any time prior to renewal by contacting our support team.
If Homeowner or Property Manager does not turn off auto-renewal, Homeowner or Property Manager re-affirms and authorizes LODGYFIX.com to charge the credit card at the end of each Membership plan term for an additional term of the same duration as the initial term and at the then-current non-promotional Membership plan rate for the same product or service. LODGYFIX.com intends to send reminder emails, prior to the expiration of the term, regarding the Membership plan end date and automatic renewal.
7. Membership Plan Terms & Refund Policy
📅 7.1. Membership Plan Term
Each Membership Plan is sold for a fixed duration, chosen at the time of purchase—typically 12 months, unless stated otherwise.
• The term begins on the date you make your first payment (full or initial).
• The plan ends exactly at the end of the selected term (e.g., 12 months from your
payment date).
Example:
If you purchase a 12-month plan and make payment on August 1st, your plan will remain active until July 31st of the following year.
💸 7.2. Refund Policy
In general, all sales are final, and no refunds will be issued once a listing is created.
However, a limited exception applies:
• If you purchase a Membership Plan but do not complete the listing setup, and
• No traveler contact information has been delivered to your email,
• You may request a refund within three (3) days of purchase.
After the 3-day period, or if you complete the listing or receive any traveler’s information, no refund will be available.
Membership Plan Renewals:
If your Membership Plan automatically renews, no refunds will be issued—even if you no longer use the listing. The listing will remain active until the end of the paid term.
Property Sold or No Longer Rented:
If you sell your property or decide not to rent it, you may request that the listing be removed. However, no refund will be given for the remaining time on your plan.
🔄7.3. Non-Membership plan Listings (Pay-per-Listing or Pay-per-Use)
If Lodgyfix.com allows you to list a property without purchasing a Membership Plan (for example, on a pay-per-listing or pay-per-booking basis), you agree to pay the fees shown during the sign-up process for each listing or rental.
These fees and terms may change over time. Lodgyfix.com will update them by posting the new terms directly on the platform. You are responsible for reviewing the current terms before listing or renewing any property under a non-membership option.
Additional rules or conditions may also apply and will be provided during sign-up or in follow-up communications from Lodgyfix.com.
🧾 7.4 Taxes
All fees and charges paid by the Homeowner or Property Manager do not include taxes.
You are solely responsible for paying any sales tax, use tax, excise tax, or other similar taxes, duties, or charges imposed by federal, state, or local authorities in connection with your use of LODGYFIX.com services.
This does not include taxes on LODGYFIX.com’s own income—we take care of those.
💳 7.5 Payments
Payments must be made according to the terms shown in your order form, typically using a major credit card, debit card, PayPal, or other approved payment methods.
• Recurring Billing: Membership fees are billed on a monthly or annual automatic renewal
basis, depending on your selected plan.
• Credit Card Requirement: A valid credit or debit card must remain on file at all times to
avoid service interruption.
• Late Payments: Any late payment will accrue interest at a rate of 18% per year, starting
from the due date until payment is received.
• Returned Payments: You are responsible for reimbursing any bank fees, penalties, or
other charges resulting from failed or rejected payments (e.g., due to insufficient funds).
• Billing Description: Charges will appear on your statement as payments to
LODGYFIX.com.
8. Additional Terms and Conditions
8.1 Appearance in Search Results
LODGYFIX.com does not guarantee that any Homeowner or Property Manager listing will appear in a specific order in search results on the LODGYFIX.com Platform.
Search result rankings may vary based on multiple factors, including but not limited to:
• Search parameters entered by Travelers
• Membership plan level purchased
• Listing quality and completeness
• Frequency of calendar updates
• Other criteria deemed relevant by LODGYFIX.com to enhance user experience
The order and visibility of listings may also differ depending on the Traveler’s search criteria and the platform used (e.g., desktop site vs. mobile app).
LODGYFIX.com reserves the right to use various search algorithms and optimization methods to improve the overall marketplace and Traveler experience. Listings that are not part of an active Membership plan, such as grandfathered listings from previous models, may have limited or no visibility in search results.
Additionally, listings distributed to third-party websites are not guaranteed to appear or rank in any specific order on those external sites.
To continuously optimize search results, LODGYFIX.com may conduct limited-duration tests that could temporarily change how listings and Membership plans are displayed.
8.2 Content, Layout and Copy
All content and copy edits submitted by Homeowners or Property Managers are subject to review and approval by LODGYFIX.com in its sole discretion. LODGYFIX.com reserves the right to refuse publication of any content it deems, at its sole discretion, to be inconsistent with these Terms and Conditions or otherwise unacceptable.
However, LODGYFIX.com is not obligated to review all content and assumes no liability for any loss or damage resulting from the design, placement, or modification of copy, property listings, content, or photographs submitted by Homeowners or Property Managers.
All content must comply with these Terms and Conditions, including the Content Standards set forth in the LODGYFIX.com Platform Terms of Use. LODGYFIX.com may edit submitted content solely to ensure compliance with these standards or for formatting purposes, provided such edits are non-substantive.
Homeowners and Property Managers are responsible for reviewing their listings to ensure all content appears as intended on the LODGYFIX.com Platform.
8.3 Photographs
Photographs submitted by the Homeowner or Property Manager must primarily depict the furnished property and may not include images of children or adults without their legal consent. Photographs must not contain any content that infringes on the privacy, intellectual property, or other rights of any third party. All photographs must comply with LODGYFIX.com’s Content Standards.
LODGYFIX.com reserves the right, at its sole discretion, to refuse to display or to remove any photographs that it determines do not comply with these Terms and Conditions or are otherwise unacceptable.
By submitting photographs, the Homeowner or Property Manager represents and warrants that:
a) It owns all intellectual property rights to each submitted photograph.
b) It has obtained all necessary rights and permissions, including:
• Consent from any individuals whose likenesses appear in the photographs for use in
online advertising on the LODGYFIX.com Platform.
• Rights from the copyright holder to use the photograph in online advertisements.
• That the photographs accurately and fairly represent their subject and have not been
altered in any misleading way.
c) It will indemnify and hold harmless LODGYFIX.com from any claims, damages, or
liabilities arising from any breach of these representations and warranties.
The Homeowner or Property Manager is responsible for securing all necessary reproduction rights for all photographic and other materials used in its listings. Upon request, the Homeowner or Property Manager agrees to provide proof of such rights to LODGYFIX.com.
Further, the Homeowner or Property Manager grants LODGYFIX.com the right to reproduce, in whole or in part, any photographic material supplied for the promotion of the property or the LODGYFIX.com Platform.
8.4 Uses of Trademarks or Logos
Homeowners or Property Managers may use LODGYFIX.com’s trademarks or logos only in limited ways and only with prior written permission, except as described below.
During the term of an active Membership plan, Homeowners or Property Managers may refer to LODGYFIX.com in a factual, descriptive way in their listings on the LODGYFIX.com Platform or in other approved communications. For example, it is acceptable to say:
• “Check out my listing on LODGYFIX.com”
• “I list properties on LODGYFIX.com”
• Posting the LODGYFIX.com website URL on social media is also encouraged.
However, Homeowners or Property Managers may not use LODGYFIX.com’s name, trademarks, or logos in any manner that suggests sponsorship, endorsement, affiliation, or partnership with LODGYFIX.com or its affiliates. For example, the following statements are prohibited:
• “LODGYFIX.com sponsors my furnished rental”
• “This is LODGYFIX.com’s best furnished rental”
Additionally, Homeowners or Property Managers may not use the LODGYFIX.com name or any affiliate’s name on any other website that lists furnished rentals without obtaining prior written authorization from LODGYFIX.com.
8.5 Hypertext Links
LODGYFIX.com reserves the right, at its sole discretion, to refuse or remove any hypertext links or website addresses submitted by Homeowners or Property Managers on their listing pages or elsewhere on the platform, without prior notice.
Additionally, LODGYFIX.com may introduce fees for hosting or maintaining such hypertext links at any time.
8.6 Substitution of Properties
Each Homeowner or Property Manager listing on LODGYFIX.com must correspond to a single, uniquely identified Property, except in the following circumstances:
1. The Homeowner or Property Manager has purchased a listing package that explicitly
allows for substitution of properties.
2. Property substitution is not permitted without prior written consent from
LODGYFIX.com.
3. LODGYFIX.com may approve substitution requests at its sole discretion, for example, if
the Homeowner or Property Manager’s contract for the original Property has been
terminated. In such cases, the Homeowner or Property Manager must provide sufficient
proof as requested by LODGYFIX.com and complete any required forms.
4. The term of the Membership plan for the substituted Property will be the same as the
original listing term; substitutions do not extend the Membership plan duration.
5. If changes submitted to an existing listing would substantially alter it to represent a
different Property, LODGYFIX.com may terminate the listing and retain any fees paid for
the original listing term as compensation for this violation.
6. Listings cannot be used as general examples of multiple properties within an area;
each listing must represent a specific Property.
7. LODGYFIX.com reserves the right to edit or remove any listing that describes more
than one Property and may retain fees associated with such non-compliant listings.
8. Each Membership plan listing package applies to one Property only; one Membership
plan is required per Property.
8.7 Payments Between Homeowner or Property Managers and Travelers
LODGYFIX.com is not a party to any payment transaction between Homeowners or Property Managers and Travelers, even if LODGYFIX.com receives a commission or fee in connection with the transaction. All rental payment arrangements are solely between the Homeowner or Property Manager and the Traveler.
To help ensure the safety and integrity of transactions, Homeowners or Property Managers must not:
• Request that Travelers send cash by mail
• Use or request the use of instant-cash wire transfer services, such as Western Union,
MoneyGram, or similar services, for any part of a rental transaction
Any violation of this policy — or use of any other payment method deemed unacceptable by LODGYFIX.com — may result in the immediate removal of the listing from the LODGYFIX.com Platform without notice and without refund.
9. Feedback
If a Homeowner or Property Manager provides any feedback, suggestions, or recommendations to LODGYFIX.com—whether by mail, email, phone, or other means—regarding improvements to the LODGYFIX.com Platform or services (“Feedback”), LODGYFIX.com may use that Feedback without restriction.
By submitting Feedback, the Homeowner or Property Manager (on their own behalf and on behalf of their employees, contractors, and agents) assigns to LODGYFIX.com all rights, title, and interest in the Feedback, including any related intellectual property rights. LODGYFIX.com is free to use the Feedback in any manner, for any purpose, without obligation, attribution, or compensation. However, LODGYFIX.com is under no obligation to implement any Feedback.
10. Relationship of the Parties
The parties acknowledge and agree that their relationship is solely that of independent contractors. Nothing in these Terms and Conditions shall be interpreted to create a partnership, joint venture, agency, fiduciary, or employment relationship between the parties.
Neither party has the authority to act on behalf of, bind, or obligate the other party in any manner unless expressly authorized in writing.
11. Representations, Warranties and Disclaimers
11.1 Homeowner or Property Manager Representations and Warranties:
The Homeowner or Property Manager represents and warrants to LODGYFIX.com that:
(a) They have full power, authority, and legal right to enter into this Agreement, fulfill
their obligations under it, and grant all rights, licenses, consents, and permissions
required by the Agreement.
(b) This Agreement constitutes a valid, binding, and enforceable obligation against the
Homeowner or Property Manager in accordance with its terms.
(c) They have obtained all necessary rights and consents for any User Contributions
provided to LODGYFIX.com. These contributions, as received and used by LODGYFIX.com
under this Agreement, will not infringe, misappropriate, or otherwise violate any
intellectual property, privacy, or other rights of any third party, nor will they violate any
applicable laws.
(d) The Homeowner or Property Manager will comply with all applicable laws in
connection with their use of the LODGYFIX.com Platform and services.
11.2 LODGYFIX.com Disclaimers:
The LODGYFIX.com Platform, its content, and any services or items accessed or obtained through the Platform are provided on an “as is” and “as available” basis, without any warranties of any kind, whether express or implied.
Neither LODGYFIX.com nor any party affiliated with it makes any representations or warranties regarding the completeness, accuracy, reliability, quality, security, or availability of the Platform or its content. Without limiting the foregoing, LODGYFIX.com does not warrant that:
• The Platform or its content will be error-free, uninterrupted, or secure
• Any defects will be corrected
• The Platform or the server that hosts it is free of viruses, malware, or other harmful
components
• The Platform, content, or services will meet your expectations or requirements
LODGYFIX.com disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
The Homeowner or Property Manager acknowledges and agrees that:
• Any transmission of data to or from the LODGYFIX.com Platform is not guaranteed to
be secure or confidential, and communications or user-submitted content may be read
or intercepted by others.
• Posting content on the Platform, including property listings or other information, does
not create any confidential, fiduciary, or special relationship between the Homeowner or
Property Manager and LODGYFIX.com, except as explicitly stated in these Terms and
Conditions.
• LODGYFIX.com is not responsible for the content submitted by users, including
translations, and is not a party to any rental or other transaction between users of the
Platform.
• LODGYFIX.com does not guarantee the accuracy of listings, the safety or legality of any
transaction, or the condition or availability of any rental property. Homeowners and
Property Managers are strongly encouraged to exercise reasonable caution and conduct
their own due diligence when engaging in transactions with Travelers or other users.
Nothing in this section affects any warranties or rights that cannot be excluded or limited under applicable law.
11.3 Additional Disclaimers:
The Homeowner or Property Manager acknowledges and agrees that they are solely responsible for all property rental services they provide. LODGYFIX.com does not assume any responsibility or liability for the actions, inactions, or conduct of any Traveler or third party in connection with those services.
By using the LODGYFIX.com Platform, the Homeowner or Property Manager understands and accepts that:
• They may be introduced to third parties, including Travelers, with whom LODGYFIX.com
has not conducted background checks, identity verification, or reference screening.
• Interacting with such individuals carries inherent risks, including the possibility of
engaging with persons who may behave irresponsibly, unlawfully, or dangerously
• The use of the LODGYFIX.com Platform is at the Homeowner or Property Manager’s
sole risk.
Homeowners and Property Managers are strongly encouraged to exercise appropriate caution, conduct their own due diligence, and take all necessary steps to ensure the safety and legitimacy of any transaction or interaction.
12. Indemnification
The Homeowner or Property Manager agrees to defend, indemnify, and hold harmless LODGYFIX.com, its affiliates, and their respective officers, directors, employees, agents, successors, and assigns, from and against any and all losses, liabilities, damages, claims, demands, actions, judgments, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:
(a) Any bodily injury, death, property damage (real, personal, or tangible), or theft
resulting from the acts or omissions of the Homeowner or Property Manager;
(b) Any claim, dispute, or cause of action brought by a Traveler or user of the
LODGYFIX.com Platform arising out of or related to the conduct, content, or services of
the Homeowner or Property Manager, including the condition or availability of the listed
Property;
(c) Any breach by the Homeowner or Property Manager of any representation, warranty,
covenant, or obligation under this Agreement;
(d) The Homeowner or Property Manager’s use or misuse of the LODGYFIX.com
Platform, or violation of any applicable laws or third-party rights in connection with such
use.
This indemnification obligation will survive the termination or expiration of this Agreement and the Homeowner or Property Manager’s use of the LODGYFIX.com Platform.
13. Limitation of Liability
13.1 Exclusion of damages:
To the fullest extent permitted by applicable law, LODGYFIX.com and its affiliates, licensors, service providers, and suppliers shall not be liable, under any legal or equitable theory—including contract, tort (including negligence), strict liability, or otherwise—for any of the following, even if advised of the possibility of such damages or if such damages were otherwise foreseeable:
(a) Loss of access to, interruption of, delay in, or inability to use the LODGYFIX.com
Platform or any related services;
(b) Loss, corruption, unauthorized access to, or breach of data, or any failure of system
security;
(c) Any indirect, incidental, consequential, special, punitive, or exemplary damages,
including but not limited to loss of revenue, profits, goodwill, or anticipated savings—
even if any limited remedy provided herein fails of its essential purpose.
13.2 Cap on monetary liability
To the fullest extent permitted by law, the total cumulative liability of LODGYFIX.com, including its affiliates, licensors, service providers, and suppliers, for any and all claims arising out of or related to this Agreement or its subject matter—under any legal theory, including contract, tort (including negligence), strict liability, or otherwise—shall not exceed the total amount of fees actually paid by the Homeowner or Property Manager to LODGYFIX.com in the twelve (12) months immediately preceding the event giving rise to the claim.
This limitation applies regardless of whether any remedy fails of its essential purpose.
14. Term & Termination
14.1 Term:
Unless terminated earlier in accordance with this Agreement, this Agreement shall remain in effect for the duration specified in the applicable services order form. At the end of the initial term, the Agreement will automatically renew for successive thirty (30) day periods (or another renewal term agreed upon by both parties), unless either party provides written notice of termination at least thirty (30) days prior to the end of the then-current term.
14.2 Termination/Suspension:
In addition to any other termination or suspension rights stated in this Agreement, LODGYFIX.com may suspend or terminate the Homeowner or Property Manager’s access to and use of the LODGYFIX.com Platform, and terminate this Agreement, immediately upon any breach of the Agreement, including any unauthorized use of the Platform.
14.3 Surviving Terms:
The provisions set forth in the following sections, along with any other rights or obligations that by their nature are intended to survive, shall remain in effect even after the termination or expiration of this Agreement.
15. Force Majeure
LODGYFIX.com shall not be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused, directly or indirectly, by circumstances beyond its reasonable control, including but not limited to:
(a) fire, flood, earthquake, natural disasters, or other acts of God;
(b) wars (declared or undeclared), acts of terrorism, sabotage, riots, civil unrest,
rebellions, or revolutions;
(c) significant malfunctions or outages of third-party internet infrastructure, data centers,
or related systems;
(d) actions or orders by any governmental authority related to the foregoing; and
(e) pandemics, epidemics, or other public health emergencies.
Such failure or delay shall only be excused to the extent that it cannot be reasonably avoided or mitigated by using commercially reasonable alternative sources, workarounds, or other means.
16. Assignment
Homeowner or Property Manager may not assign or transfer this Agreement or any of its rights or obligations without the prior written consent of LODGYFIX.com. LODGYFIX.com may assign or transfer its rights and obligations under this Agreement at any time without restriction. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
17. Dispute Resolution/Governing Law
17.1 Governing Law
This Agreement is governed by the laws of the State of Ohio. This means that any legal questions or disputes related to this Agreement will be resolved according to Ohio law. The choice of Ohio law applies regardless of any conflicts between different states’ laws, and it assumes that the Agreement was made and will be carried out entirely within Ohio between parties who reside in Ohio.
17.2 Dispute Resolution
(a) The parties agree to use their best efforts to resolve any dispute arising out of or
related to this Agreement through good faith negotiations.
(b) If the dispute cannot be resolved by negotiation within 30 days, the parties will
attempt to resolve the matter through mediation in Cleveland, Ohio, with a mediator
mutually agreed upon. If the parties cannot agree on a mediator within 14 days, they will
request the American Arbitration Association to appoint a mediator under its
Commercial Mediation Procedures before proceeding to arbitration or other dispute
resolution methods.
(c) If mediation does not resolve the dispute, any controversy or claim arising from or
relating to this Agreement, including any breach, shall be resolved by arbitration
administered by the American Arbitration Association under its Commercial Arbitration
Rules. The arbitration will be conducted by a single arbitrator in Cleveland, Ohio. The
arbitrator shall render a reasoned decision within nine months of the demand for
arbitration, unless extended by agreement of the parties or the arbitrator. The arbitrator
is not authorized to award punitive damages. The arbitration award may be entered as a
judgment in any court with jurisdiction.
Nothing in this section limits either party’s right to seek urgent or temporary court relief where necessary. Costs of mediation and arbitration shall be shared equally by both parties.
18. Changes to the Terms & Condition
LODGYFIX.com may update or revise these Terms and Conditions at any time, at its sole discretion. All changes take effect immediately upon posting on the LODGYFIX.com Platform and apply to all subsequent access and use of the Platform. However, any changes to the dispute resolution provisions in the Governing Law and Jurisdiction section will not apply to disputes for which the parties had actual notice before the date the changes were posted.
By continuing to use the LODGYFIX.com Platform after the updated Terms and Conditions are posted, you acknowledge and agree to be bound by the revised terms. We encourage you to review this page regularly to stay informed of any updates.
19. Miscellaneous
19.1 Notices:
Any notice required or permitted under this Agreement must be in writing and will be considered duly given when delivered by one of the following methods:
(a) Personal delivery, upon receipt;
(b) Overnight courier, upon written confirmation of delivery;
(c) Certified or registered mail, return receipt requested, upon confirmation of receipt.
Notices should be sent to the addresses provided by the parties.
19.2 Severability:
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, such provision will be severed from the Agreement. The remaining provisions will continue in full force and effect and will not be affected or impaired.
19.3 Waiver:
A waiver by either party of any breach of these Terms and Conditions shall not be construed as a waiver of any other or subsequent breach. Failure to enforce any provision does not waive that party’s right to enforce it in the future.
19.4 No Third-Party Beneficiaries:
This Agreement is intended solely for the benefit of the parties involved and their permitted successors and assigns. No other person or entity shall have any legal or equitable rights, benefits, or remedies under this Agreement, whether expressed or implied.
19.5 Severability:
If any provision of this Agreement is found to be invalid, illegal, or unenforceable in any jurisdiction, such finding will not affect the validity, legality, or enforceability of the remaining provisions or of the same provision in other jurisdictions. Upon such determination, the parties agree to negotiate in good faith to amend this Agreement in a way that most closely reflects their original intent and allows the transactions contemplated herein to be carried out as fully as possible.
19.6 Waiver of Jury Trial:
Each party irrevocably and unconditionally waives any right to a trial by jury in any legal action or proceeding arising out of or related to this Agreement or the transactions contemplated herein.
19.7 Attorneys’ Fees:
If any legal or administrative proceeding is initiated by either party against the other arising from this Agreement, the prevailing party will be entitled to recover its reasonable attorneys’ fees and court costs from the non-prevailing party.
19.8 Headings:
The headings used in this Agreement are for convenience only and shall not affect the interpretation or meaning of any provisions herein.
19.9 Entire Agreement:
These Terms and Conditions, including the Terms of Use and Privacy Policy, along with all referenced documents, constitute the entire agreement between the parties regarding the subject matter and supersede all prior or contemporaneous oral or written agreements or understandings.
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