Use of Website:
Your entry to, access to, and use of the Website and content and features thereof is subject to all applicable international, federal, state, and local laws and regulations. You agree not to use the Website in any way that violates such laws or regulations. Such illegal activities may include fraud, infringement of intellectual or property rights, hacking or otherwise seeking unauthorized electronic access, illegal export of software, spamming, distribution of viruses, and other unlawful uses. LivAway may terminate, limit, or reduce access to the Website for any user for any reason, including upon determining that laws or regulations have been violated by the user or to investigate whether laws or regulations have been violated by the user. Furthermore, LivAway will cooperate with legal authorities in the investigation of criminal or civil infringements or violations.
Your entry to, access to, and use of the Website and content and features thereof is further subject to your agreement that you may not use, transmit, retransmit, distribute, duplicate, reproduce, register, publish, post, copy, modify, or attempt to do any of the foregoing, or otherwise exploit the content or features of the Website for commercial or personal use except as authorized herein, without LivAway’s prior written consent.
Your entry to, access to, and use of the Website and content and features thereof is further subject to your agreement that you may not interfere with (or attempt to interfere with), modify, or affect the operation of the Website, and that you will only use the Website as intended and in a reasonable manner. You may not post or transmit to any unlawful, defamatory, profane, or obscene material to the Website, and any such material may be removed by LivAway in LivAway’s sole and absolute discretion.
You agree not to modify, move, add to, delete, or otherwise tamper with the information or data on the Website. You also agree not to violate, interfere with, or otherwise tamper with any intellectual property or other proprietary information contained on the Website.
Room Rates and other Charges:
The room rates and other charges listed on the Website may be provided by independently owned and operated LivAway Suites branded hotels (each a “LivAway Branded Hotel”) and are represented in U.S. dollars unless otherwise expressly stated. Your payments to a LivAway Branded Hotel on or through the Website or directly to a LivAway Branded Hotel are matters to be resolved solely between you and the LivAway Branded Hotel. LivAway is not responsible for and will not be involved with any disputes between you and any LivAway Branded Hotel or other third party with respect to room rates and charges (even if reserved and paid for through the Website). Room rates and availability may be listed, removed, modified, or changed on this Website without notice.
You may only make legitimate reservations for LivAway Branded Hotel stays for your personal or invited guests use. You may not resell, sublet, assign, transfer, repost, or otherwise convey a reservation to any third party, without the prior written consent of LivAway and the LivAway Branded Hotel. LivAway may limit the number of room reservations that may be made by any person or entity for any stay or during any period determined by LivAway. LivAway may cancel any reservation in LivAway’s sole and absolute discretion, including, without limitation, in the event LivAway learns of or suspects that you are reservation rooms or attempting to resale or otherwise transfer, assign, or convey reservations in violation of this paragraph.
Trademarks and Other LivAway Intellectual Property:
LivAway owns and claims rights to various service marks and trademarks, including, without limitation, “LivAwayTM” and “LivAway SuitesTM” (LivAway and LivAway Suites trademarks are currently pending registration with the USPTO). You and all other third parties are prohibited from using any of LivAway’s service marks, trademarks, tradenames, slogans, mottos, logos, artwork, or other intellectual property (the “LivAway IP”) or other marks contained on the Website (even if owned by a third party but used by LivAway with permission) without the prior written consent of LivAway. To be clear, you may not, directly or indirectly, use, transmit, distribute, register, publish, post, copy, modify, or attempt to do any of the foregoing, any LivAway IP or any other marks that are confusingly similar to the LivAway IP without the prior written consent of LivAway. This prohibition is intended to be construed in the broadest sense.
LivAway’s Website and all of the Website’s content and features are owned by and the property of LivAway, are copyrighted by LivAway, and are protected by applicable copyright laws. The Website content and features claimed and protected hereby including, without limitation, any and all text, updates, graphics, logos, content, images, data, information, audio, video, icons, format, layout, features, applications, compilations, digital downloads, software used to operate the Website, and any derivatives, complications, updates, and revisions thereto, and all software available for download on the Website. You are authorized to utilize the Website and its content and features only for the purposes intended by LivAway (i.e., to obtain information regarding, make reservations for, and obtain other services with respect to LivAway extended stay hotels) and for no other purposes. To be clear, you may not, directly or indirectly, use, transmit, distribute, register, publish, post, copy, modify, reproduce, republish, decompile, display, link, transmit, or attempt to do any of the foregoing, with respect to all or any portion of the Website or the content or features of the Website, without the prior written consent of LivAway.
LivAway prohibits unauthorized links to its Website. Therefore, you may only link to the Website with the prior written consent of LivAway, which consent may be granted, withheld, conditioned, delayed, and revoked in LivAway’s sole and absolute discretion. LivAway may disable any such unauthorized links. LivAway has no responsibility, obligation, or liability for any material on other web sites that may contain links to the Website.
DISCLAIMER OF WARRANTIES: LIVAWAY MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE WILL BE FUNCTIONAL, THAT IT WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE, FREE OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS, OR FREE OF ERRORS. THE WEBSITE AND ANY AND ALL INFORMATION, DOCUMENTS, OR OTHER DATA PROVIDED BY OR ACCESSED THROUGH THE WEBSITE ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT WARRANTIES OF RELIABILITY, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY DAMAGE DONE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE WEBSITE OR DOWNLOAD OF CONTENT OR SOFTWARE THEREFROM SHALL BE AT YOUR OWN RISK AND SHALL BE YOUR SOLE RESPONSIBILITY.
LivAway uses reasonable efforts to include accurate and up-to-date information on its Website; however, it does not make any warranties or representations as to its accuracy and completeness. LivAway periodically adds, changes, improves, or updates the Website, including without limitation room rates and availability, without notice. LivAway assumes no liability, obligation, or responsibility for any errors, inaccuracies, or omissions with respect to the Website or its content, features, or functionality. Notwithstanding the foregoing, the information and content on the Website may contain technical inaccuracies and typographical errors, including inaccuracies related to pricing or availability applicable to your transaction, reservation, or booking. LivAway assumes no responsibility or liability for, and hereby expressly disclaims any liability or responsibility for, any such inaccuracies, errors, or omissions, and shall have no obligation to honor reservations, bookings, or information affected by such inaccuracies or errors. Your use of the Website is at your own risk.
LIMITATION OF LIABILITY: IN NO EVENT SHALL LIVAWAY OR LIVAWAY’S LICENSEES, FRANCHISEES, OR OWNERS OF LIVAWAY BRANDED HOTELS, OR RELATED PARTIES OR AFFILIATES TO ANY OF THE FOREGOING, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF ACCESS TO OR THE USE OR INABILITY TO USE CONTENT, FEATURES, FUNCTIONALITY, OR DOWNLOADABLE SOFTWARE ON OR FROM THE WEBSITE, EVEN IF LIVAWAY OR ITS AGENTS, LICENSEES, FRANCHISEES, AFFILIATES, OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER LIVAWAY NOR ANY FRANCHISEE OR LICENSEE OF A LIVAWAY BRANDED HOTEL, SHALL BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT, OR OTHERWISE) RESULTING FROM ACCESS TO OR ANY USE OF, OR INABILITY TO USE OR ACCESS, OR RELIANCE ON, OR FUNCTIONING OF, THE WEBSITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF LIVAWAY OR ITS AGENTS, LICENSEES, FRANCHISEES, AFFILIATES, OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OF DAMAGE.
ALL LIVAWAY BRANDED HOTELS ARE INDEPENDENTLY OWNED AND OPERATED BY FRANCHISEES OR LICENSEES, AND THAT YOUR RESERVATIONS FOR A STAY AT A LIVAWAY BRANDED HOTEL IS WITH SUCH FRANCHISEES OR LICENSEES, AS APPLICABLE, FOR THE LOCATION AT WHICH YOU RESERVE YOUR STAY. SUCH FRANCHISEES OR LICENSEES MAY PLACE ADDITIONAL REQUIREMENTS ON YOUR RESERVATION, BOOKING, SERVICE, AND STAY AT A LIVAWAY BRANDED HOTEL. LIVAWAY IS NOT RESPONSIBLE FOR, AND HEREBY EXPRESSLY EXCLUDES AND DISCLAIMS, ANY ACT, OMISSION, NEGLIGENCE, MISCONDUCT, LIABILITY, OR RESPONSIBILITY OF ANY FRANCHISEE OR LICENSEE OF A LIVAWAY BRANDED HOTEL.
IN THE EVENT LIVAWAY IS HELD LIABLE FOR ANY DAMAGES RELATED TO THE WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU.
THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED AND REGARDLESS OF FORESEEABILITY.
The security of information provided by you or transmitted through use of the Website is not and cannot be guaranteed. Although LivAway will strive to secure such information, LivAway is not responsible for any interception or interruption of any communications, data, or information, or for changes to or loss of any communications, data, or information. You are responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password-protected or secure areas of the Website. In order to protect you and your data, LivAway may suspend or limit your use of the Website or any of its features or functionality, without notice, for investigative purposes if any breach of security is suspected or if any virus is found or suspected.
Modification of Terms and Conditions:
Access to Website:
Governing Law, Jurisdiction, and Venue: