Terms of service

Binding Agreement. This is a binding contract (“Terms”) between you and Lodgly (“we,” “us,” “our,” Company,”). These Terms apply whenever you use any of the sites, apps, products, or services ("Service", “Services”) we offer, in existence now or created in the future. This includes Lodgly Reports that you may order from this site. Further, we may automatically upgrade our Services, and these Terms will apply to such upgrades. By accessing or using the Services, you agree to be bound by these Terms. If you use our services on behalf of an organization, you agree to these terms on behalf of that organization. If you do not agree to these Terms, you may not use the Services.

Lodgly reserves the right to update and change these Terms of Service without notice.

Violation of any of the terms below may result in the termination of your account.

Privacy. See our Privacy Policy for details on how we collect, store, and share user information.

Age Restrictions. The Services are not intended for users who are under the age of 16. In order to create an account for the Services, you must be 16 years of age or older. By registering, you represent and warrant that you are 16 years of age or older.

You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).

Modification to Services. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service or Services with or without notice.

Payments, Price Changes

Prices of all Services are subject to change. Such notice may be provided at any time by posting the changes to our website or the Service itself.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Changes to these Terms. We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know, for example by posting on our site.

Our Intellectual Property: The Services and all materials contained therein, including, without limitation, Lodgly logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the “Lodgly Materials”) are the property of Lodgly or its licensors or users and are protected by US and international intellectual property laws. You are granted a personal, limited, non-sublicensable, non-exclusive, revocable license to access and use Lodgly Materials in accordance with these Terms for the sole purpose of enabling you to use and enjoy the Services.

Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Lodgly Materials, or third-party trademarks.

Termination. You are free to stop using the Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you fail to comply with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services, or disrupt others’ use of the Services.

Disclaimer of Warranties. Lodgly makes no warranties of any kind with respect to Lodgly Materials or your use of the Services.

Limitation of Liability. Lodgly shall not have any liability for any indirect, incidental, consequential, special, exemplary, or damages under any theory of liability arising out of, or relating to, these Terms or your use of Lodgly. As a condition of access to Lodgly, you understand and agree that Lodgly’s liability shall not exceed $1.

Indemnification. You will indemnify, defend, and hold Lodgly, its subsidiaries, affiliates, officers, and employees, harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys’ fees) brought by a third party arising out of or in connection with: (i) any act or omission by you, in connection with your use of Lodgly or (ii) your breach or alleged breach of any of these Terms. Lodgly may, at its option, elect to take over control of the defense and settlement of a claim subject to indemnification. You agree not to settle any such claim without the prior written consent of Lodgly.

Arbitration Agreement. We both agree to resolve any disputes arising out of these Terms or your use of Lodgly through final and binding arbitration. Arbitration is a less formal procedure than a lawsuit in court, with the goal of resolving disputes more quickly. We both agree to waive our rights to have our claims decided by a judge or jury. Instead, the arbitration shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with the Rules. The arbitration will be held in a location we agree to, and shall be conducted in the English language. The arbitrators’ decision may be enforced in any court of competent jurisdiction. You will pay all arbitration fees. The prevailing party shall be entitled to costs and attorneys’ fees, we will seek its attorneys’ fees and costs in arbitration regardless of the arbitrators determining that your claim is frivolous.

Exceptions to Agreement to Arbitrate. Claims for injunctive or equitable relief or claims regarding intellectual property rights may be brought in any competent court without the posting of a bond.

No Class Actions. You may resolve disputes with us only on an individual basis; you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.

Governing Law. You agree that these Terms, and your use of Lodgly, are governed by American law, in the United States of America, State of Florida, County of Collier, without regard to its principles of conflicts of law.

General Conditions.

You also agree to abide by the following general conditions:

You will use our Services at your own risk. Our services are provided on an “as is” and “as available” basis
Customer and Technical support will only be provided via email.
You will not modify, adapt, do harm or hack any of our services.
You will not falsely imply that your website or application is associated with our services or the Company.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portions of our Services. The Services you purchase are for your own use only.
We do not guarantee that (1) our Services will meet your specific requirements, (2) the information that you receive from our Services will be accurate or reliable, (3) the quality of any products, services, information, or other material purchased or obtained by you through our Services will meet your expectations.
You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (1) the use or the inability to use the service; (2) statements or conduct of any third party on the service; (3) or any other matter relating to the service.
The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of our Services, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).

Questions about the Terms of Service should be sent to us via our contact form.