Terms and Conditions
By entering www.lodgeaway.com or an
affiliated website
of LodgeAway (hereafter “We/Us/Our web site/LodgeAway”), you acknowledge and agree
to all terms and conditions stated herein (hereafter the "Terms and Conditions").
Navigating LodgeAway, including the activation of any of the hypertext links signify
your agreement to be bound by the Terms and Conditions. LodgeAway reserves the right
to change or alter these Terms and Conditions at any time without notice. LodgeAway
is a Web site mandated to present real estate advertisements/listings for its account
holders. Its mission is primarily display and to represent information on behalf
of sellers, owners, real estate agents and any other entities that open accounts
for the purpose of renting, selling etc. (hereafter "Account holders").
LodgeAway is designed for purposes of listing and advertising real estate information.
Although LodgeAway requires from the account holders to provide accurate information,
it is possible that some of this information may be erroneous or inexact. It is
also possible that from time to time, the information may become outdated. In either
case, LodgeAway shall not be held liable for any resulting prejudices or damages,
whether direct or indirect. We reserve the right to modify the product and service
prices shown on Our Web site at any time without notice. Our Web site meets certain
computer, technical, graphic and typographical standards. We shall not be held responsible
under any circumstances for any prejudices or damages, whether direct or indirect,
resulting from a problem with a personal computer, server or any other user apparatus
or program, loss of data or any other damage or technical problems a user may encounter.
If a user notices any errors in the content of this site, said user agrees not to
use the site and to promptly contact us about the problem.
To Account Holders:
By using our services you agree to provide accurate information (all information
regarding the property including the pictures) you list. LodgeAway is not responsible
for any information provided by renters/buyers or any other interested parties.
It is the responsibility of the account holder to validate the qualifications of
the potential renters and or buyers. LodgeAway does not guarantee any specific marketing
strategy or specific placement on any search engines or other advertising devices.
To Renters/Buyers and any other interested parties:
LodgeAway assumes no liability for the accuracy of advertisements/listings on this
web site, or the condition of property, or the character of the owner. It is the
responsibility of the potential renter to ascertain the validity of each property.
2. Hypertext Links
LodgeAway may contain links directing users to third-party Web sites hosted by servers
unknown to LodgeAway. Users agree that when they activate such links, they are leaving
the limits of our Web site. Activating links to external sites may not be interpreted
as constituting any affiliation or association with LodgeAway. Since we are not
able to control the contents of any sites but our own, we may not be held responsible
for any prejudices or damages resulting from the inexactness or nonconformity of
third-party site. Users activate links to third-party sites at their own risk. When
you access another site through LodgeAway, you should be aware that it is not governed
by our Privacy Policy or Terms and Conditions. We suggest that you consult the confidentiality
policies or terms of use of these sites if needed.
3. General Provisions
We reserve the right to modify or rectify the Terms and Conditions at any time without
notice. The Terms and Conditions are subject to Québec laws. Any conflict resulting
directly or indirectly from the application or interpretation of the Terms of Use
shall be resolved by a competent court of the Québec judicial district. Last updates
April, 14th, 2009.
4. Registration
You do not need to register if only you are browsing the LodgeAway. But, you do
need to register, if you want to become our register member. Moreover, our register
members need to present some information in order to have full access to their account
in our web site. This information includes your name, your e-mail address, telephone
number or fax number (if you have), etc... This information will be used by LodgeAway
to identify and contact you. You may not put a name or any other misleading information
about other people or impersonate them for any other reason. LodgeAway takes no
responsibility for such an action or any other lost or damage caused by that information.
We are also holding the right to refuse or terminate the registration if such case
takes place in our website. LodgeAway is a website for vacation rental property
owners who have full understanding of our terms and conditions and our privacy policy
and are 16 years old or older.
5. LodgeAway Venue
LodgeAway has no property nor can we contract for any vacation rental properties
that have been listed on our website. Instead, our web site is a venue that provides
a listing service for property owners or their agents. By the same mean, we provide
visitors the ability to browse through our listings. We do not engage in any deal
between site visitors who want to rent and registered members who list their properties.
We do not take part in any transaction between them. Therefore, we do not guarantee
that any info that you are given in reply to your request will be helpful, precise
or responsive to your demand. Moreover, the quality or safety of the properties
that has been put on our web site totally up to owners which list their properties
on our website, it is their responsibility to provide accurate information about
content of the properties and regarding all information of them.
6. User Restrictions of the website
You agree to use LodgeAway only for surfing to find vacation destination properties
or listing your property and supply accurate information about your property or
make lawful query\inquiry to property owner. You will not use LodgeAway and its
materials to send and upload any unauthorized materials like ads, promotions, chain
letters, spams, junk mails and any other erroneous or misleading information regarding
the property. You agree not to send out, upload or make false violated statement
about our registered members, visitors, trademark, copyright, patent, privacy or
any other rights and materials in or out of our website to a third party. You may
not send any false reservation to registered members. You will not use or send any
of the LodgeAway materials or related to our website in order to gain or damage
or dysfunction LodgeAway. You will not send or upload any virus or any devises or
programs, or tools to disrupt the operation of our website, our computer systems,
hardware, network or telecommunication equipments. You will not send or upload any
large data to disrupt the functionality or damage our systems. You agree that you
will not send/post any pornographic or sexual related text, pictures, and materials
or racial, ethnical hateful or offensive materials. You will not send or transmit
or posting any materials that violet, threaten, reformate, harm, abuse, obscene,
hares, abuse, obscene, indecent, defamatory to any of individuals or group of people.
You may not copy, reproduce, modify, distribute, translate, send or disassemble
any part in the system of the LodgeAway. By copyright, patent or similar laws or
regulations are applicable to an individual or individuals who attempt to access
to our data base in order to collect and use private information such as emails,
passwords, telephone numbers, fax numbers or pricings, listing fees, etc… You will
not act or impersonate or pretend to be someone else to give erroneous information
to gain personal benefits or damage to register members or any other part of LodgeAway.
If such a condition or conditions take place, LodgeAway cannot hold responsible
for any damage or lost. We keep right to watch or check the visitors and the registered
member’s information any time.
7. Third Party Links
LodgeAway has links to websites that belongs to third parties which are not part
of LodgeAway. That service has been provided for the people who find them useful
or interesting for different personal reasons. LodgeAway has no control or responsible
for contends of these third party links or cannot give any guarantee that all the
information has been given or receive from these third party links correct or accurate.
Visiting third party links, visitor or register members no longer abbey to LodgeAway’s
terms and conditions and privacy policy. By visiting third party links, users have
been governing by the third party links’ terms and conditions and privacy policy.
8. Use of LodgeAway
There is no charge of visiting or giving inquiries to registered members. On the
other hand, by visiting this website and sending inquiries to owners you agree to
obey and supply correct information to property owners about yourself.
9. Listing Process
By listing your property on LodgeAway
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Owner agrees that he or she has fully ownership on his or her property and he or
she is the only representative of the property and who has a right to list the property
on our website. If someone else is mandated to list/manage/promote a property, he
or she must identify himself/herself as.
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All the information including pricing, pictures, accessibly and descriptions of
the place must be provided by the owner of the property or someone that is mandated
for such purpose and all the information has been supplied must be accurate and
correct.
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Property that has been listed on our website cannot be an example of the listed
property, and you can not listed more than one property on each listing and you
cannot describe more than one property in one listing, if such a violation takes
place on our website, we hold the right to alter or cancel or permanently remove
the one or both listings or member’s registration completely, and we may retain
the registration fees for that violation reasons.
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Property owners who register his or her property on our website represent and warrant
that listed property will not contain any address of websites, html, code or other
markup languages. No HTML may be entered in any fields, other than Bold and underline
effects may be produced in the Description text areas (Full Description, Amenities
Description, Attractions Description, Rates Description, Exchange Description and
For Sale Description) by using "pseudo-HTML" tags of the form [B], [/B], [U] & [/U],
for people who are comfortable with HTML. These pseudo tags are only enabled for
these text areas. Their usage is equivalent to the HTML , , & tags.
Use of these pseudo tags may adversely affect text alignment affects if you are
using any. If found those kind of materials will be removed without notice. You
accept our agreement to not provide any e-mail addresses in your listing except
given area to prevent and discourage e-mail harvesting robots from crawling our
website.
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Property owners who listed his or her properties agree to take full responsibility
of accepting to all local regulations including, but not limited to, permits, licenses,
zoning regulations, occupancy taxes, and safety compliance, LodgeAway is not an
agent or owners of the any properties that have been listed on our web site or LodgeAway
is not a property management site. LodgeAway is not responsible for renting your
property, it is site visitor’s responsibility who wants to seek for vacation rentals
for personal reasons, and it is the site visitor’s responsibility to have all the
required and necessary information to validate property of the owners. We (LodgeAway)
charge no money from site visitors for renting the properties.
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Property owners who listed their properties with LodgeAway have a right to cancel
their registered properties at any time they want. It will take 3 business days
for LodgeAway to cancel their listing or any time after that.
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Using or listing on this website, you are not creating any kind of business partnership,
enterprise, employment exists between you and LodgeAway therefore you are registered
member of LodgeAway.
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All the material on this site, including, without limitation, all designs, site
graphics, all texts, all the files and logo of LodgeAway and the selection and arrangement
are copyrighted materials of LodgeAway or its licensor. Permissions is given to
copy, download, display, distribute the materials on this site to use for personal
purposes and non –commercial use. You do not have any right to change distribute,
copy, display, download any website materials of LodgeAway for any other purpose.
Unauthorized use of any website materials of LodgeAway, is a violation of our trademark
laws, copyright laws and is prohibited.
11. Trademarks
Any LodgeAway product including LodgeAway’s logo service marks, trademarks and names
or any other register or unregistered trademarks of LodgeAway or its licensors may
not be copied or duplicate or used, partially or fully. You understand that trademarks
mentioned or presented on this website are the property of LodgeAway or their owners.
12. Indemnification
You agree to hold harmless and defend and indemnify LodgeAway and its employees,
agents, representatives, directors, consultants, owners, service providers, partners
of other properties or owners of websites which LodgeAway make available listings
from and against any third party claim, demand, arising from or in any way related
to your use of our website, including any liability or expense arising from all
claims, losses, costs, damages, (actual and consequential) suits, judgment, litigation
costs and attorneys’ fees , of every kind and nature. In such a case, LodgeAway
will present you with written notice such claim, suit or action.
13. Condition of Warranty
THIS WEBSITE AND ALL THE MATERIALS ASSOCIATED WITH THIS WEBSITE AND ALL CONTENT
ASSOCIATED WITH THE SITE, UTILITIES, MATERIALS, AND THEIR FUNCTIONS ARE MADE AVAILABLE
ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER. LODGEAWAY REJECTS
ANY STATES OR IMPLIES WARRANTIES. LODGEAWAY MAKES NO WARRANTIES OR REPRESENTATIONS
AS TO THE COMPLETENESS OR ACCURACY OR ERROR FREE OR CURENT OF THIS SITE, THE RELATED
MATERIALS, INFORMATION AND UTILIES PROVIDED BY OR ACCESSED THROUGH THIS WEBSITE
AND THE RELATED MATERIALS. LODGEAWAY DOES NOT WARRANT OR REPRESENT OR STATE THAT
THIS WEBSITE OR ANY HARDWARE, SOFTWARE, SERVER OR ANY COMPUTER SYSTEM THAT RELATED
TO THIS WEBSITE ARE PERFECLY FREE OF VIRUSES OR ANY OTHER HARMFUL PROGRAMS TO CAUSE
MALFUNCTIONS OF THE COMPUTER SYSTEMS.
14. Limitation of Liability
LODGEAWAY IN ANY CONDITIONS WILL NOT BE RESPONSIBLE AND LIABLE TO ANY THIRD PARTIES
FOR ANY BUSSINESS DEALS CARRY OUT UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, SUBSTANTIAL
OR PARTICULAR, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, ANY DAMAGES FOR
LOSS OF PROFITS OR INCOME, OR ANY TYPE OF LOSSES WHICH MAY BE ARISING IN ANY WAY
CONNECTION OR DISCONECTION WITH LODGEAWAY (AND ITS AFFILIATED WEBSITE) AND THE RELATED
MATERIALS, OR CONTENTS OR USE OR ANY OF THE INFORMATION OR DATA , OR FILES OR OTHER
MATERIALS SENT OUT THROUGH OR EXIST IN ON THIS WEBSITE AND THE ALL RELATED MATERIALS
OR, INFORMATION GAINED OR ALLOWED FROM THIS WEBSITE AND THE MATERIALS, INCLUDING
WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR CONSEQUENTIAL FROM CONFIDENCE BY USER
ON ANY INFORMATION ATTAINED FROM LODGEAWAY, OR THAT OUTCOMES FROM ERRORS, REMOVAL
S,DELETIONS, OF FILES, OR INFECTED FILES, OR ANY MALFUNCTION OF PERFORMANCE, WHETHER
OR NOT RESULTING FROM USER OR SYSTEM, OR NETWORK BREAKDOWNS, SECURTY BREACH, OR
DAMAGES FROM THIRD PARTIES USE OR ILLEGAL ENTRY TO OUR DATA BASE,OR SYTEM FILES,
PROGRAMS OR ANY OTHER SERVICES OR MATERIALS. IN NO INCIDENT LODGEAWAY SHALL ENTIRELY
CUMULATIVE LIABILITY OF LODGEAWAY ARISNG FROM OR ASSOCIATING TO THESE TERMS OF USE
LODGEAWY.COM’ WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO LODGEAWY.COM FOR
ENTER OR USE OF THIS WEB SITE. THE ABOVE RESTRICTIONS WILL APPLY IN SPITE ANY FAILURE
OF RESALUTIONS OF ANY KIND.
15. Termination of registration
LodgeAway, at its sole discretion, may end your access to use of this website and
any material that related to your account and membership of this website at any
time and without prior notice. LodgeAway may also in its sole discretion and at
any time LodgeAway stop or block you to use or enter of this website.
16. No Waiver and Severability
The failure of LodgeAway to persist upon or implement strict performance of any
of the provisions of the Terms of Use or to implement any rights or any rulings
under the Agreement will not be construed as a waiver or give up to any extent of
LodgeAway right to declare or rely upon any such provisions, rights, or solutions
in that or any other instance; rather, the same will be and remain in full force
and effect. If any provision of the Agreement shall be held unlawful, void or for
any reason unenforceable, then that provision shall be held from the Terms and Conditions
and shall not influence the authority of any remaining provisions.
17. Governing Law of This Terms and Conditions
The Terms and Conditions are subject to Québec laws. Any conflict resulting directly
or indirectly from the application or interpretation of the Terms of Use shall be
resolved by a competent court of the Québec judicial district.
18. Payment
Payment to LodgeAway for listing must be made in US Dollars paid by either major
credit card or by Paypal, or check drawn on a Canadian bank.
19. Contact
General questions or comments about LodgeAway Website will be responding by the
LodgeAway customer service. You may reach us by sending an email from our
contact page.
Any suggestions, comments and feedbacks that you send to LodgeAway concerning the
utilities or functionality and/or performance of website or the related resources
or creative materials may be done through our contact us page. LodgeAway will have
a royalty free, continuous, non-terminable, binding, non-exclusive, worldwide right
and certify to use, copy, reveal, sublicense, share out, alter and if not develop
such feedback without limitation.
21. Unsuitable pictures or texts
Lodgeawy.com holds the rights to terminate any text or pictures transmitted or uploaded
by you. If we believe that picture(s), text(s) unsuitable or may question it to
any liability, including without limitation the subsequent:
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pictures, images, text or other materials presented by users that are protected
by copyrights, right of publicity, trademarks, or other proprietary right, without
having authorization of these owners,
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any pornography including but without limitation, child pornography or child abuse
or any kind of abuse, unlawful materials such as, hateful words and descriptions,
obscenity or, including, but not limited to, representations of any sexual conduct
or any other material that could cause criminal liability for violating any applicable
laws.
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any statement that contains any prejudice or hatred, expressions of discrimination,
or that are offensive, obnoxious, or insulting,
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any images or pictures contain any nudity or entirely or partly naked images of
any person, including text that sexual suggestive remarks,
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pictures or text that promote/describe or link to a third party website.
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Registered member may give or transfer his or her listing to another user or person,
only if the property that is listed is sold, It will only be acceptable if LodgeAway
has been informed of this transaction before any changes are applied. LodgeAway
reserves the right to remove the listing or allow the new owner of the property
to gain access to the listings.
23. Modification of the website
LodgeAway may modify, cancel, or halt or limit any feature of the website at any
time, as well as limitation of accessibility of any features or entire website without
giving prior notice to you.
24. Our 100% Satisfaction Guarantee
If, for some reason, you are not satisfied with our listing service at the end of
your first 12 months, we will extend your listing for one extra YEAR absolutely
free.
For this guarantee to take effect, your listing must include a minimum of 2 representative
and clear picture of the inside or outside premises of your property, a descent
description of its features and amenities and its rate information posted at all
time. All renewal requests must be made at the end of the first year service through
the “contact us” page. The member must provide the listing ID for which he or she
demands coverage and an honest feedback of the service received. Only new members
that have paid to receive a listing service may apply for this coverage. Members
that switch to a listing service after the 30 day free trial are NOT eligible to
this offer.
In an attempt to discourage dishonest guarantee claim, if your property receive
more inquiry, listing view or official website visit than the average listed property
in your area, LodgeAway reserves the right to not grant the guarantee.
25. 30 day free trial
This trial period offers the possibility to potential members to list their property
on LodgeAway and its affiliated websites for a full 30 day with all the benefit
of a Silver Package as describe on the
Listing Packages pages.
In order to illustrate the advantage of using LodgeAway to advertise vacation rentals
online and, therefore, help property owners have a clear understanding of the potential
of LodgeAway as an advertisement medium, the only contact form available to potential
renters to reach a property owner or its agent that listed under a 30 day free trial
will be by email.
Last updates April 15th, 2009