SITE TERMS AND CONDITIONS OF USE
1. User’s Acknowledgment and Acceptance of Terms
2. Description of Services
Hospitality Fox makes various services available on this site including, but not limited to, an online platform that connects owners or managers of real property (“Owners”) who have accommodations to list with guests seeking to book such an accommodation (collectively, the “Services”). Fees for the various services are described elsewhere in this site.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have has no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, failure to deliver possession of the rental or failure to store any user communications or personalization settings.
3. Registration Data and Privacy
In order to access some of the services on this site, you will need a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
4. Payment of Fees
If you select to purchase a service on this site, you agree to pay all fees associated with such service. For all charges for services on this site, we accept electronic funds transfers, wires, and cashiers, personal or business checks.
If, for any reason, your financial institution refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your service and require you to pay the amount by other means acceptable to us.
In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
5. Conduct on Site
This site allows you to post anonymous reviews of accommodations you have rented. Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the contents of your reviews through the site. By posting reviews on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
(a) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
(b) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(c) Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
(d) Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(e) Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
(f) Impersonates any person or entity, including any of our employees or representatives.
You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
6. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
7. Intellectual Property Information
Copyright 2017 CIDT Service Solutions, LLC, d/b/a Hospitality Fox. All Rights Reserved.
Neither we or our Affiliates warrant or represent that materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
8. User’s Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed to receive it.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to immediately at hello@hospitalityfoxcom. Please include:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed’
(b) Identification of the copyrighted work claimed to have been infringed;
(c) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
(d) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
9. Disclaimer of Warranties
ALL SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, SATISFACTORY QUALITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SITE OR OUR SERVICES, INCLUDING BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS OR PROGRAMS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. HOSPITALITY FOX MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTING, ACCOMMODATIONS, GUEST, HOST, CONTENT, OR SERVICES, OR THE ACCURACY, TIMELINESS, COMPLETENESS, TRUTHFULNESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NOTHING WE ADVISE, SAY, DO, WRITE, OR THAT IS OBTAINED FROM US IN ANY WAY WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IF YOU CHOOSE TO USE OUR SITE OR SERVICES, OR PARTICIPATE IN ANY OF OUR PROGRAMS, YOU DO SO AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT HOSPITALITY FOX DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS, IN OUR SOLE DISCRETION, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND IF WE HAVE SUFFICIENT INFORMATION TO IDENTIFY A MEMBER. IF WE DECIDE TO PERFORM SUCH A CHECK, TO THE ALLOWABLE EXTENT UNDER THE APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY ACCOMMODATION YOU USE OR RENT.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this site does not represent the opinions and judgments of CIDT Service Solutions, LLC, d/b/a Hospitality Fox. We do not endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than an authorized CIDT Service Solutions, LLC, d/b/a Hospitality Fox spokesperson speaking in his/her official capacity.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS APPLICABLE TO THE INDIVIDUAL OWNER OF ACCOMMODATIONS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST BY AN OWNER OF ONE OF A LISTED OR UNLISTED ACCOMMODATION, IN NO EVENT WILL HOSPITALITY FOX’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND/OR USE OF OUR SITE OR SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA OUR SITE OR SERVICES OR YOUR PARTICIPATION IN ANY OF OUR PROGRAMS AND IN ANY CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE OR OUR SERVICES AS A GUEST FOR THE AGREEMENT THAT IS THE SUBJECT OF ANY DISPUTE ARISING OUT OF THE TERMS OR THE USE OF OUR SITE OR SERVICES. IF YOU ARE A OWNER, THE AMOUNTS PAID BY HOSPITALITY FOX TO YOU FOR THE ACCOMMODATION RENTAL THAT IS AT ISSUE AND IS GIVING RISE TO ANY CLAIM OR CONTROVERSY, IS ONE HUNDRED U.S. DOLLARS (US $100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HOSPITALITY FOX AND YOU.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, LISTINGS OR BOOKING OF ANY ACCOMMODATIONS VIA OUR SITE, SERVICES OR PARTICIPATION WITH ANY OF OUR PROGRAMS IN ANY WAY, AND ANY CONTACT YOU HAVE WITH A GUEST OR OWNER REMAINS ENTIRELY WITH YOU. NEITHER HOSPITALITY FOX NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, SERVICES OR ANY OTHER OF OUR PROGRAMS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOOD WILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, NOR THE COST OF ANY SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, PROPERTY DAMAGE OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, PARTICIPATION IN ANY OF OUR PROGRAMS, INABILITY TO USE THE SITE OR SERVICES, INTERACTIONS OR MEETINGS WITH ANY USERS OF THE SITE OR SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES OR ANY OF OUR PROGRAMS OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR NEGLIGENCE, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOSPITALITY FOX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, release and hold us and our Affiliates harmless from all liabilities, claims, losses, and expenses, including attorney’s fees, arising out of or in any way connected with (a) your access to our website or Services; (b) any reviews posted by other website users; (c) your interactions with another user, whether an owner or guest; (d) you booking of an accommodation; (e) creation of a listing; and (f) the use, condition or booking or rental of an accommodation by you, including but not limited to any injuries, losses, or damages of any kind arising in connection with or as a result of a booking, rental or use of an accommodation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
12. Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and Services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
13. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
14. International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
15. Termination of Use
You may terminate these Terms at any time by canceling your account or by sending us an email. If you cancel your account as an owner, any confirmed bookings will automatically be cancelled and your guests will receive a full refund. If you cancel your account as a guest, any confirmed bookings will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy.
19. Governing Law
This site (excluding any linked sites) is controlled by us from our offices within the State of Florida, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing this site both of us agree that the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and Services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of Lee County and the United States District Court for the Middle District of Florida with respect to such matters.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org, if by e-mail, or at CIDT Service Solutions, LLC, d/b/a Hospitality Fox, 1053 Rose Garden Rd, Cape Coral, FL 33914 if by conventional mail. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.
21. Dispute Resolution, Arbitration
If you reside in the United States, you and Hospitality Fox agree that any dispute, claim or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation or validity thereof, or to the sue of the Site or use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or any other intellectual property rights.
You acknowledge and agree that you and Hospitality Fox are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action or any other representative proceeding. Further, unless both you and Hospitality Fox otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and my not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable, then the entirety of this Dispute Resolution section will be deemed void. Except as provided in the preceding sentence, this Dispute Resolution section will survive any of these Terms.
Arbitration Location. Unless you and Hospitality Fox otherwise agree, the arbitration will be conducted in Lee County.
Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusion upon which the arbitrator’s award is based. Judgment may then be entered on the arbitration award in a court of competent jurisdiction. The arbitrator’s award of damages must be consistent with the Limitation of Liability section above as to the types and the amounts of damages for which a party can be held liable.
Fees. Any fees, except attorney fees, will be borne by the losing party. In the event that that the losing party cannot be readily determined, fees will be assigned by the arbitrator in an equitable manner consistent with the outcome of the arbitration.
22. Entire Agreement
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
24. Contact Information