Listing Terms and Conditions

These Listing Terms and Conditions (“Terms and Conditions”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Lodgyfix.com (“we,” “us,” “our,” “platform” or “site”) doing business as Lodgyfix.com, relating to Homeowners or Property Managers use of www.Lodgyfix.com website including any content, functionality, and services offered on or www.Lodgyfix.com, and any other website operated by Lodgyfix.com, whether as a guest or a registered user and any Lodgyfix.com. mobile or desktop apps (collectively the “Lodgyfix.com Platform”) and the listing of short-term rental properties (“Properties”) on the Lodgyfix.com platform.

By using our platform, or by clicking to accept or agree to the Terms and Conditions when this option is made available to you, Homeowners or Property Managers accept and agree to be bound and abide by these Terms and Conditions, in addition to our platform Terms of Use located at www.Lodgyfix.com/terms-of-use and our Privacy Policy, located at www.Lodgyfix.com/privacy-policy and incorporated herein by reference. If you do not want to agree to these Terms and Conditions (including the Terms of Use or the Privacy Policy), you must not access or use our platform.

To the extent the Terms of Use or Privacy Policy are inconsistent with these Terms and Conditions, the Terms and Conditions shall control.

1. Property Advertising Services.

Subject to these Terms and Conditions, and payment of all fees for our services, Lodgyfix.com agrees to provide Homeowners or Property Managers a limited, revocable, non-exclusive license to access our platform and the content and services provided on our platform solely for the purpose of advertising a short-term rental property to individuals who are looking for short term rentals (“Travelers”).

• We are not a party to any Transaction.

We do not enter into leases or other agreements with Homeowners or Property Managers and are not a party to any rental agreement or other transaction between Homeowners or Property Managers and Travelers. Lodgyfix.com does not book the Traveler’s stay, nor does it manage the rent. All fees, charges, and rents from the Travelers are managed by, and paid directly to, the Homeowner or Property Manager. We also do not get in the middle of disputes between Travelers and Homeowners or Property Managers.

• Identity Verification/Background Checks.

Traveler verification on the Internet is difficult and Lodgyfix.com cannot, and does not assume any responsibility for, the confirmation of each Traveler’s purported identity or background. We encourage Homeowners or Property Managers to communicate directly with a Traveler through the tools available on our platform, though even this does not assure you of the identity of the person with which you are communicating and perform whatever background checks Homeowners or Property Managers deem appropriate. We further encourage you to take other reasonable measures to assure yourself of the other person’s identity and relevant details of your acceptance of a Traveler or proposed Traveler from our site.

• Traveler Ratings.

Homeowners or Property Managers acknowledge that our platform is intended to refer Travelers only to those Homeowner or Property Managers who maintain the highest standards of professionalism and quality of service. Homeowner or Property Manager acknowledges that Travelers may rate and review a Homeowner or Property Manager at any time. Homeowner or Property Manager agrees to maintain high standards of professionalism, quality, and service, including maintaining a Traveler rating at or above the minimum rating established by us for access to our platform, as modified from time to time.

• A Distribution of Listings to Third Party Websites.

To enable Homeowner or Property Manager to obtain broader distribution of their properties, we may provide your listing information, or otherwise provide for the distribution of your listing on a third-party website. Additional terms and conditions may apply to such distributions, as we may notify you via your email or other channel.

• Homeowner or Property Manager Obligations and Responsibilities.
• Compliance with Applicable Law.

Homeowner or Property Managers are fully responsible for and agree to comply with all applicable laws, rules and regulations applicable to the listing of the Property and the conduct of their rental business, including but not limited to all laws, rules, regulations or other requirements relating to taxes, credit cards, data and privacy, taxes, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Homeowner or Property Managers 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.

•  Property Listings.

All Property listings on the Lodgyfix.com Platform are the sole responsibility of the Homeowner or Property Manager, and Lodgyfix.com specifically disclaims any and all liability arising from the alleged accuracy of the listings, reviews, or any alleged breaches of contract on a Traveler’s part. Homeowner or Property Managers are solely responsible for keeping their property information up-to-date on the Lodgyfix.com Platform, including, but not limited to any and all representations about any Property, its amenities, location, price, and its availability for a specific date or range of dates. Lodgyfix.com does not represent or warrant that any of the copy, content, property reviews, guest book entries, property location, suitability, pricing or availability information published on the Lodgyfix.com Platform is accurate or up-to-date even in the case where prospective Travelers have searched for specific special offers, dates, or types of properties. Lodgyfix.com may from time to time provide or facilitate services to Homeowner or Property Managers to create or improve the quality of their property listings. Lodgyfix.com also may from time to time create new or otherwise change the location or geographic descriptions it uses to identify Properties in their listings and search results. Consequently, Lodgyfix.com may change the location or geographic description associated with any Property listing at any time without notice. However, Lodgyfix.com assumes no responsibility to verify Property listing content or the accuracy of the location. Homeowner or Property Managers are solely responsible for ensuring the accuracy of location, geographic and other content and location or geographic descriptions and agree to promptly correct (or contact Lodgyfix.com to correct) any inaccuracy. Lodgyfix.com may suspend and remove a Property listing on the Lodgyfix.com Platform if Homeowner or Property Manager fails to comply with the terms of this Section, including if Homeowner or Property Manager fails to set the availability of a Property on the Lodgyfix.com Platform for a period of 60 days.

6.1. License and Rights Granted to Lodgyfix.com.

(a) By submitting or authorizing Homeowner or Property Manager contributed User Contributions, Homeowner or Property Manager grants to Lodgyfix.com and its 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 Homeowner or Property Manager’s User Contributions, in connection with Lodgyfix.com’s business or the business of its affiliates. Notwithstanding the foregoing, following the termination or expiration of a property listing Membership plan, Lodgyfix.com will not continue to display the User Contributions that were displayed in such listing.

(b) Homeowner or Property Manager further grants Lodgyfix.com and its affiliates the ability to copyright and protect the User Contributions, including the images, copy, and content available via any Homeowner or Property Manager’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 Lodgyfix.com, at Lodgyfix.com’s expense and control, to protect such copyrighted material from unauthorized redistribution.

(c) Homeowner or Property Manager agrees that Lodgyfix.com may sublicense all the rights granted to it under these Terms and Conditions to one or more third parties Lodgyfix.com may contract with to display all or part of the Homeowners’ or Property Managers’ Property listing or otherwise provide promotional or other services related to Lodgyfix.com’s business. Further, Homeowner or Property Manager agrees that Lodgyfix.com may reproduce in whole or in part any photographic material supplied by Homeowner or Property Manager in the promotion of the Property or the promotion of the Lodgyfix.com Platform. In the event that it is determined that Homeowner or Property Manager retains any rights of attribution, integrity or any other moral rights in any User Contributions, Homeowner or Property Manager hereby declares that it does not require that any personally identifying information be used in connection with the User Contributions or any derivative works thereof and that Homeowner or Property Manager has no objection to the publication, use, modification, deletion or exploitation of the User Contributions by Lodgyfix.com or its affiliates.

• Limitations on Communications and Use of Travelers’ Information
• Homeowner or Property Manager agrees that, with respect to Traveler’s personal information that Homeowner or Property Manager obtains directly or indirectly from or through the Lodgyfix.com Platform or through any Lodgyfix.com Platform-related communication or transaction, Lodgyfix.com grants to Homeowner or Property Manager a license to use such information only for:
  • Lodgyfix.com Platform related communications that are not unsolicited commercial messages
  • Using services offered through the Lodgyfix.com Platform
  • Inquiring about or otherwise facilitating a financial transaction between Homeowner or Property Manager and the Traveler related to the purpose of the Lodgyfix.com Platform. Any other purpose will require express permission from the Traveler. Homeowner or Property Manager may not use any such information for any unlawful purpose or with any unlawful intent.
  • In all cases, Homeowner or Property Managers must give Travelers an opportunity to remove their information from the Homeowner or Property Manager address book or database or other records and a chance to review what information Homeowner or Property Manager has collected about them. In addition, under no circumstances, except as defined in this section, may Homeowner or Property Manager disclose personal information about a Traveler to any third party without both Lodgyfix.com’s consent and the consent of the Traveler. Further, Homeowner or Property Manager agrees that it will protect Traveler’s personal information with the same degree of care that it protects its own confidential information (using at minimum a reasonable standard of care), and Homeowner or Property Manager assumes all liability for the misuse, loss, or unauthorized transfer of such information.

(b) Lodgyfix.com does not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, Homeowner or Property Manager is not licensed to add a Traveler, even a Traveler who has rented from Homeowner or Property Manager to its mailing list (email or physical mail) without the Traveler’s express consent. Homeowner or Property Manager may not use any tool or service on the Lodgyfix.com Platform to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms and Conditions. Homeowner or Property Manager is responsible for all content it provides to the Lodgyfix.com Platform or through any tool or service provided on the Lodgyfix.com Platform.

6.3 Translations and Maps.

If any Homeowner or Property Manager content is translated for display on the Lodgyfix.com Platform or any site of any affiliate of Lodgyfix.com, Lodgyfix.com cannot guarantee the accuracy or quality of such translation and the Homeowner is solely responsible for the review, verification, and accuracy of such translation. Maps provided on the Lodgyfix.com Platform that are provided by Google are subject to the Google Maps terms and conditions located at: http://www.google.com/intl/en_us/help/terms_maps.html.

• Insurance.

Lodgyfix.com does not provide liability, property or other insurance protection for Homeowner or Property Managers, and Homeowner or Property Managers are solely responsible for obtaining insurance coverage sufficient to protect the Properties and the Travelers. Homeowner or Property Manager agrees that it has or will obtain the appropriate insurance coverage sufficient to cover the rental of the Properties prior to the arrival of their first Traveler and will maintain adequate insurance coverage through the departure date of any Traveler they have obtained via the Lodgyfix.com Platform. Further, Homeowner or Property Managers agree to provide Lodgyfix.com with copies of relevant proof of coverage upon request.

• Fees, Payment Terms.
• Fees. Homeowner or Property Manager authorizes Lodgyfix.com to charge the fees and expenses set forth in the applicable order between Homeowner or Property Manager and Lodgyfix.com. Unless otherwise agreed to, a 3-month Membership plan is $79.00, 12-month Membership plan is $129, and after 30 days you’ll be charged 0.99 USD monthly for listing maintenance. The membership plan auto renews at the end of the Membership plan term. Homeowners or Property Managers of hotels and apartment complexes can subscribe to our Business Membership Plan with 2 listings for $249 for a 12-month period, and after 30 days you’ll be charged 0.99 USD monthly for listing maintenance.
• Automatic Renewal of Membership plans.

For any Membership plan paid for by credit card, such Membership plan shall automatically renew at the expiration of the then-current term for an additional term of the same duration (as the previous term) and at the then-current non-promotional Membership plan rate. Automatic renewal applies to all Membership plans purchased by credit card. The automatic renewal feature allows your service to remain uninterrupted at the expiration of your then-current term. If Homeowner or Property Manager wishes to turn off auto-renewal, Homeowner or Property Manager must log on to its account and manually turn off auto-renewal, prior to expiration of the then-current term. Requests received via email, voicemail, or other correspondence do not constitute a valid opt-out. Upon any such turning off auto-renewal, your Membership plan will remain active through the expiration of your then-current Membership plan term, however your Membership plan will not be automatically renewed upon the expiration of your then current term. If the Membership plan does not auto-renew or expires at the end of the then current Membership plan term and Homeowner or Property Manager desires to renew the Membership plan, Homeowner or Property Manager will be required to pay the then-current non-promotional Membership plan rate to renew the Membership plan or to activate a new Membership plan.

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.

7.1 Membership plan Terms/Refunds.

Membership plan Term.

All Membership plan listings are sold to run the full term that is chosen by the Homeowner or Property Manager. Unless otherwise agreed to, listings are for a 3 and 12 months, and after 30 days you’ll be charged 0.99 USD monthly for listing maintenance. The term starts on the date that the Homeowner submits the full or initial (as applicable) payment and expires on the last date of the term chosen by the Homeowner or Property Manager. For example, for an annual Membership plan term, if the Homeowner or Property Manager submits payment for the Membership plan on August 1st, the Membership plan would expire on July 31st of the following year.

7.2 No trial Membership plans are offered.

Refunds. Generally, no refunds are available after a listing is created. In the event Homeowner or Property Manager purchases a Membership plan for a listing but does not complete the creation of the listing or the listing does not get posted after purchase for any other reason, and the Homeowner or Property Manager has not received any traveler’s personal information delivered to their email, refund requests will be considered only during the first three (3) days following the purchase date. If after such three (3) day period Homeowner or Property Manager does not complete the creation of the listing, or the Homeowner or Property Manager does not complete the verification process, Homeowner or Property Manager shall not be entitled to any refund. If the Membership plan is renewed, or if the Membership plan automatically renews under its terms of the Membership plan, the listing will remain online for the entire Membership plan period without refund. No refunds are provided after a listing renews. If Homeowner or Property Manager sells the Property and no longer wishes for the listing to remain online, Lodgyfix.com should be contacted so the listing can be removed; however, no refund will be owed or provided.

7.3 Non-Membership plan Listings.

If Lodgyfix.com enables Homeowner or Property Manager to list a property on a basis other than by Membership plan, Homeowner or Property Manager agrees to pay the fees as described in the sign-up process for each rental of the Property displayed in such listing, which terms may be updated by Lodgyfix.com from time to time without notice by displaying the terms on the Lodgyfix.com Platform. The sign-up process and additional notices Homeowner or Property Manager may receive from Lodgyfix.com may also provide additional terms and conditions for such listings.

• Taxes.

All Fees and other amounts payable by Homeowner or Property Manager under the Agreement are exclusive of taxes and similar assessments. Homeowner or Property Manager is responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by Homeowner or Property Manager hereunder, other than any taxes imposed on Lodgyfix.com’s income.

• Payment.

Payment will be as set forth in the applicable order form, generally by major credit card or debit card, Paypal or similar, on a monthly and annual automatic and recurring basis. A valid credit card must always remain on file. Late payments shall be subject to a charge of 18% per annum on the due amount from due date until payment has been received by Lodgyfix.com. Client shall also reimburse Lodgyfix.com any bank charges, penalties or other amounts for insufficient funds or other payment rejection. Credit card payments will show up as transactions with Lodgyfix.com

8. Additional Terms and Conditions.

(a) Appearance in Search Results.

Lodgyfix.com cannot guarantee that Homeowner or Property Manager’s listing will appear in any specific order in search results on the Lodgyfix.com Platform. Search order will fluctuate based on a variety of factors such as search parameters, Membership plan level purchased, listing quality, how frequently a calendar is updated, and other factors that Lodgyfix.com may deem important to the user experience from time to time. Listing appearance or order in any search result may also vary depending on the search criteria used by the Traveler. Lodgyfix.com reserves the right to apply various search algorithms or to use methods to optimize results for Travelers’ experiences and the overall marketplace. Listings placed on a non-Membership plan basis, such as those that may be grandfathered in by a previous model, may not always appear in search results in any Membership plan level or at all. Listings distributed on third party sites are not guaranteed to display on such third-party site in any order or at all. Search results and sort order may appear different on current or future Lodgyfix.com mobile applications than they appear on the Lodgyfix.com Platform. To optimize the search experience for both Homeowner or Property Managers and Travelers, Lodgyfix.com retains the right to run occasional tests that will be limited in duration but may alter how we display search results and Membership plan levels.

• Content, Layout and Copy.

All content and copy edits submitted by Homeowner or Property Managers are subject to review and approval by Lodgyfix.com in its sole discretion. Lodgyfix.com reserves the right to refuse to publish any content that it determines in its sole discretion does not meet these Terms and Conditions or is otherwise unacceptable. However, Lodgyfix.com assumes no duty to review content and shall not have any liability for any loss or damage resulting from the design or positioning of the copy, Properties, content and/or photographs or any change made to any content, photograph or copy submitted by any Homeowner or Property Manager. All content must meet these Terms and Conditions including the Content Standards of Lodgyfix.com Platform Terms of Use. Lodgyfix.com reserves the right to edit content submitted to the Lodgyfix.com Platform in a non-substantive manner solely to cause the content to comply with the Content Standards or formatting requirements. Homeowner or Property Managers are responsible for reviewing and ensuring that any content displayed on the Lodgyfix.com Platform appears as the Homeowner or Property Manager intended.

8.1. Photographs.

Photographs submitted by Homeowner or Property Manager should describe the furnished property as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party. Photographs must meet Lodgyfix.com’s Content Standards. Lodgyfix.com reserves the right not to display or to remove any photographs that it determines, in its sole discretion, do not meet these Terms and Conditions or are otherwise unacceptable to us.

(a) By submitting a photograph to Lodgyfix.com, Homeowner or Property Manager represents and warrants that:

a. it holds all intellectual property rights with respect to each submitted photograph

(b) It has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement:

a. that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Lodgyfix.com Platform

b. that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (iv) that it will indemnify and hold harmless Lodgyfix.com from any cause of action arising from any misrepresentation or otherwise with respect to all photographs so submitted.

(c) It is Homeowner or Property Manager’s responsibility to obtain reproduction permission for all photographic and other material used in its listings. Homeowner or Property Manager warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to Lodgyfix.com the rights therein contained and agrees to provide any proof of such rights to us that Lodgyfix.com may request. Further, Homeowner or Property Manager agrees that Lodgyfix.com may reproduce in whole or in part any photographic material supplied by Homeowner or Property Manager in the promotion of either the Property or the promotion of the Lodgyfix.com Platform.

8.2 Uses of Trademarks or Logos.

There are limited ways in which Homeowner or Property Managers may use Lodgyfix.com’s trademarks or logos without specific prior written authorization. The following are general guidelines: It is usually permissible for Homeowner or Property Manager, during the term of any Membership plan, to refer to Lodgyfix.com in a descriptive manner in its listing on the Lodgyfix.com Platform or in other permissible communications. For example, Homeowner or Property Manager might say “Check out my listing on Lodgyfix.com” or “I list properties on Lodgyfix.com.” Posting the URL on any social platform is encouraged. However, Homeowner or Property Manager may not refer to Lodgyfix.com or any of its affiliates in any way that might lead someone to believe that Homeowner or Property Manager or its business or Property, is sponsored by, affiliated with, or endorsed by Lodgyfix.com or one of its affiliates. For example, Homeowner or Property Manager may not say “Lodgyfix.com sponsors my furnished rental,” or describe the Property as “Lodgyfix.com’s best furnished rental.” Homeowner or Property Manager may not use the Lodgyfix.com name or one of its affiliates’ names on any other website that lists furnished rentals without Lodgyfix.com’s prior written authorization.

8.3 Hypertext Links.

Lodgyfix.com reserves the right to refuse hypertext links to, or addresses of, other web sites from Homeowner or Property Manager’s pages, and to remove links or web addresses without notice in its sole discretion. Further, Lodgyfix.com reserves the right to charge for hypertext links at any time.

8.4. Substitution of Properties.

Advertising More Than One Property; Property Managers.

Each Homeowner or Property Manager listing must relate to an individual and uniquely identified Property, unless:

• Homeowner or Property Manager who has signed up for one of Lodgyfix.com’s packages.
• Homeowner or Property Manager otherwise has purchased a listing package that expressly allows for substitution of properties. This means that:
• The Property in a listing may not be substituted for another Property without Lodgyfix.com’s consent.
• Lodgyfix.com may approve a request in its discretion if the property manager’s contract for the Property was terminated and the Homeowner or Property Manager provides sufficient proof, as requested by Lodgyfix.com, and completes any additional request forms Lodgyfix.com may request.
• The term of the Membership plan for any substituted Property shall be the same as the term of the originally listed Property (i.e., the term will not be extended past the original term).
• If a Homeowner or Property Manager submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another Property, then Lodgyfix.com has the right to terminate the listing and may choose, in its sole discretion, to retain any fees associated with the term of the previously existing listing as compensation for the violation of this condition.
• The listing specifically cannot be a mere example of properties in each area.
• Lodgyfix.com reserves the right to amend the copy or remove any listing when more than one Property is described in such listing, and may choose, in its sole discretion to retain any fees associated with the initial term of such non-conforming listing as compensation for the violation of this condition.

(c) All Membership plan listing packages require one Membership plan per listing (one Membership plan per Property).

8.5 Payments Between Homeowner or Property Managers and Travelers. Lodgyfix.com is not a party to any payment transaction between Homeowner or Property Managers and Travelers, even if it receives a commission in connection with any payment transaction. No Homeowner or Property Manager may request any traveler to mail cash or utilize any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a property rental transaction. Any violation of this term or any other unacceptable payment methods that may be posted on the Lodgyfix.com Platform may result in the immediate removal of the non-conforming listing from the Lodgyfix.com Platform without notice to the Homeowner or Property Manager and without refund.

9. Feedback.

If Homeowner or Property Manager transmits or provided any communications or materials to Lodgyfix.com by mail, email, telephone, or otherwise, suggesting or recommending changes to the Lodgyfix.com Services (“Feedback”), Lodgyfix.com is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. Homeowner or Property Manager hereby assigns to Lodgyfix.com on Homeowner or Property Manager’s behalf, and on behalf of its employees, contractors and/or agents, all right, title, and interest in, and Lodgyfix.com is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Lodgyfix.com is not required to use any Feedback.

10. Relationship of the Parties.

The relationship between the parties is that of independent contractors. Nothing contained in the Terms and Conditions shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

11. Representations, Warranties and Disclaimers.

11.1 Homeowner or Property Manager Representations and Warranties. Homeowner or Property Manager represents and warrants to Lodgyfix.com that:

• Homeowner or Property Manager has the full right, power, and authority to enter into and perform its obligations and grant the rights, licenses, consents and authorizations it grants or is required to grant under the Agreement.

(b) the Agreement will constitute the legal, valid and binding obligation of such party, enforceable against Homeowner or Property Manager in accordance with its term.

(c) Homeowner or Property Manager has the necessary rights and consents in and relating to the User Contributions so that, as received by Lodgyfix.com and processed in accordance with the Agreement, they do not and will not infringe, misappropriate or otherwise violate any Intellectual Property Rights, or any privacy or other rights of any third party or violate any applicable law.

(d) Lodgyfix.com will always comply with all applicable laws.

11.2 Lodgyfix.com Disclaimers

Lodgyfix.com platform, its content and any services or items obtained through the Lodgyfix.com platform or from Lodgyfix.com, are provided on an “As is” and “As Available” basis, without any warranties of any kind, either express or implied. Neither Lodgyfix.com nor any person associated with Lodgyfix.com makes any warranty or representation with respect to the completeness, security reliability, quality, accuracy or availability of the Lodgyfix.com platform. Without limiting the foregoing, neither Lodgyfix.com nor anyone associated with Lodgyfix.com platform, its content or any services or items obtained through the Lodgyfix.com platform or from Lodgyfix.com will be accurate, reliable, error-free or interrupted, that defects will be corrected, that the Lodgyfix.com platform or the server that makes it available are free of viruses or other harmful components or that the Lodgyfix.com platform or any services or items obtained through the Lowdgyfix.com will otherwise meet your needs or expectations.

Lodgyfix.com hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

HOMEOWNER OR PROPERTY MANAGER ACKNOWLEDGES AND AGREES THAT ANY TRANSMISSION TO AND FROM THE LODGYFIX.COM PLATFORM IS NOT CONFIDENTIAL AND COMMUNICATIONS OR USER CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. HOMEOWNER OR PROPERTY MANAGER FURTHER ACKNOWLEDGES AND AGREES THAT BY SUBMITTING COMMUNICATIONS OR USER CONTENT TO LODGYFIX.COM AND BY POSTING INFORMATION ON THE LODGYFIX.COM PLATFORM, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN HOMEOWNER OR PROPERTY MANAGER AND LODGYFIX.COM OTHER THAN PURSUANT TO THESE TERMS OF USE.

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

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

11.3 Additional Disclaimers.

Homeowner or Property Manager understands, acknowledges, and agrees that the Property rental services provided by Homeowner or Property Manager are fully and entirely Homeowner or Property Manager’s responsibility. Lodgyfix.com is not responsible or liable for the actions or inactions of a Traveler or other third party in relation to the services provided by Homeowner or Property Manager. Homeowner or Property Manager understands, therefore, that by using the Lodgyfix.com Platform, Homeowner or Property Manager will be introduced to third parties in relation to whom Lodgyfix.com has not conducted any background or reference checking, that may be potentially dangerous, and that Homeowner or Property Manager uses the Lodgyfix.com Platform at his/her own risk.

12. Indemnification.

Homeowner or Property Manager shall defend, indemnify, and hold harmless Lodgyfix.com and its affiliates and their officers, directors, employees, agents, successors, and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable legal fees) arising out of, resulting from, or relating to:

(a) bodily injury, death of any person, theft, or damage to real or tangible, personal property resulting from Homeowner or Property Manager’s acts or omissions.

(b) any claims by any Traveler or Lodgyfix.com Platform user related to the Homeowner or Property Manager or the Property

(c) Homeowner or Property Manager’s breach of any representation, warranty, or obligation under this Agreement, and

(d) any matters arising out of or related to Homeowner or Property Manager’s use of the Lodgyfix.com Platform.

13. Limitation of Liability.

13.1 Exclusion of damages. In no event will Lodgyfix.com or any of its licensors, service providers or suppliers be liable under or in connection with the agreement or its subject matter under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability and otherwise, for any:

(a) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES

(b) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY

(c) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

13.2 CAP ON MONETARY LIABILITY.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF LODGYFIX.COM UNDER OR IN CONNECTION WITH THE AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY HOMEOWNER OR PROPERTY MANAGER IN THE 12 MONTHS IMMEDIATELY PRIOR TO THE ACTION OR CLAIM. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

14. Term and Termination.

14.1 Term.

Unless earlier terminated in accordance with this Agreement, this Agreement will continue in effect for the period set forth in the applicable Services order form. Unless written notice of termination is provided at least thirty days prior to the end of the then-current term, the Agreement will automatically renew for additional 30-day periods (or such other period as agreed to by the parties).

14.2 Termination/Suspension.

In addition to any other express termination or suspension right set forth elsewhere in this Agreement, Lodgyfix.com may suspend or terminate the Homeowner or Property Manager’s access or use of the Lodgyfix.com Platform, and the Agreement, at any time if there is any breach of any provision of the Agreement, including any unauthorized use of the Lodgyfix.com Platform.

14.3 Surviving Terms.

The provisions set forth in the following sections, and any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement, will survive any expiration or termination of this Agreement.

15. Force Majeure.

Lodgyfix.com shall not be liable for any default or delay in the performance of any of its obligations under the Agreement if and to the extent such default or delay is caused, directly or indirectly, by:

(a) fire, flood, earthquake, elements of nature or acts of God;

(b) wars (declared and undeclared), acts of terrorism, sabotage, riots, civil disorders, rebellions or revolutions;

(c) extraordinary malfunction of third-party Internet infrastructure, data centers or related systems or

(d) acts of any governmental authority with respect to any of the foregoing, and provided that such default or delay cannot reasonably be circumvented by the non-performing party through the use of commercially reasonable alternate sources, workaround plans or other commercially reasonable means.

16. Assignment.

Homeowner or Property Manager may not assign this Agreement. Lodgyfix.com may freely assign its rights and obligations under this Agreement at any time. This Agreement will inure to the benefit of, be binding on, and be enforceable against, each of the parties hereto and their respective successors and assigns.

17. Dispute Resolution/Governing Law.

17.1 Governing Law.

This Agreement will be governed in all respects by the laws of the State of Nevada (without regard to conflicts of law provisions), as such laws are applied to agreements entered and to be performed entirely within the State of Nevada between Nevada residents.

17.2 Dispute Resolution

(a) Both parties must use their best efforts to resolve any dispute that may arise under, or in connection with, this Agreement through good faith negotiations.

(b) If a dispute arises under, or in connection with, this Agreement that cannot be resolved by the parties through negotiation within 30 days, the parties agree to engage in mediation in Las Vegas, Nevada before a mutually agreed upon mediator. If the parties cannot agree upon a mediator within 14 days, the parties agree to request appointment of a mediator by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration or some other dispute resolution procedure.

(c) If mediation fails, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its then-applicable Commercial Arbitration Rules, and judgment on the award rendered by a single arbitrator may be entered in any court having jurisdiction thereof. The arbitrator has no authority to award punitive damages. The award shall be made within nine months of the filing of the notice of intention to arbitrate (demand), and the arbitrator shall agree to comply with this schedule before accepting an appointment. However, the time limit may be extended by agreement of the parties or the arbitrator if necessary. The award of arbitration shall be accompanied by a reasoned opinion. Any arbitration will occur in Las Vegas, Nevada.

Nothing in this section shall prevent a party from seeking urgent interlocutory relief from a court of competent jurisdiction. The costs of any mediation and/or arbitration shall be borne equally by the parties.

18. Changes to the Terms and Condition

Lodgyfix.com may revise and update these Terms and Conditions from time to time at its sole discretion. All changes are effective immediately when Lodgyfix.com posts them and apply to all access to and use of the Lodgyfix.com Platform thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Lodgyfix.com Platform.

Your continued use of the Lodgyfix.com Platform following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

19. Miscellaneous

19.1 Notices. Any notice required or permitted by this Agreement will be in writing and will be delivered as follows with notice deemed given as indicated:

(a) by personal delivery when delivered personally:

(b) by overnight courier upon written verification of receipt

(c) by certified or registered mail, return receipt requested, upon verification of receipt. Notice will be sent to the addresses provided by the parties.

19.2 Severability.

Should any provision of the Terms and Conditions be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining provisions will not be affected or impaired thereby.

19.3 Waiver.

The waiver by either party of a breach of any provision of the Terms and Conditions of the other party will not operate or be construed as a waiver of any other or subsequent breach by such other party.

19.4 No Third-Party Beneficiaries.

The Agreement is for the sole benefit of the parties hereto and their respective permitted successors and permitted assigns and nothing herein, express, or implied, is intended to or shall confer upon any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of the Agreement.

19.5 Severability.

If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

19.6 Waiver of Jury Trial.

Each party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to the Agreement or the transactions contemplated hereby.

19.7 Attorneys’ Fees.

If any action, suit, or other legal or administrative proceeding is instituted or commenced by either party hereto against the other party arising out of the Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and court costs from the non-prevailing party.

19.8 Headings. The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.

19.9 Entire Agreement. These Terms and Conditions, including the Terms of Use and Privacy Policy Agreement, and all terms and other documents referenced in those agreements, constitute the entire agreement between the parties relating to this subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter.