Last Updated: March 2, 2019
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Lendaland Platform, you agree to comply with and be bound by these Terms of Service.
Please note: Section 19 of these Terms of Service contains an arbitration clause and class action waiver, both of which apply to all Lendaland Members and Hosts. If you reside in the United States, this provision applies to all disputes with Lendaland. If you reside outside of the United States, this provision applies to any action you bring against Lendaland in the United States. It affects how disputes with Lendaland are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Thank you for using Lendaland!
When these Terms mention “Lendaland,” “we,” “us,” or “our,” it refers to Trophy Guide LLC, the entity with which you are contracting.
We may be contacted at 2330 Ellen Drive, Lafayette, Indiana 47909.
Any and all payment processing services through or in connection with your use of the Lendaland Platform (“Payment Services”) are provided to you by Stripe or our other payment processors.
Hosts alone are accountable for understanding, identifying and complying with all laws, rules and regulations that apply to their Listings and Host Services. For example, some municipalities have laws that limit their ability to host paying guests for short periods or provide certain Host Services. In many municipalities, Hosts may have to register, get a permit or obtain a license before preparing food or serving alcohol for sale. Further, Guests and Hosts are solely responsible for ensuring that participants in Events and/or Host Services possess the appropriate licensing and training to engage in any and all activities booked through the Lendaland Platform. Some jurisdictions may require specialized permits or licenses to hunt or fish on the hosted property(s). Host are alone responsible for recognizing and obtaining any required permits, licenses, or registrations for any Host Services they offer. Certain types of Host Services may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) and Host Service(s) on Lendaland, you should always seek legal guidance.
The following policies comprise our “Policies” and may be found at the links provided:
1.1 The Lendaland Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the Lendaland Platform (“Listings”) and to communicate and transact directly with Members who are seeking to book such Host Services (Members using Host Services are “Guests”). Places, properties, dwellings, facilities and the like are referred to as “Accommodations”. Host Services may include the offering of per hour, per day, per month, per season or any variation of time control activity on their property, including, but not limited to, hunting, fishing, boating, lodging, or camping, (“Events”). Events can be guided, non-guided, and may include lodging accommodations, tree stands, boats, canoes, bait, tackle, ammunition, other supplies, or any other item related to the Events.
1.1.1 The Lendaland Platform, Events, Host Services, are intended solely for use in the United States and Canada. The Lendaland Platform may not be utilized to facilitate Events or Host Services may outside the United States or Canada.
1.2 As the provider of the Lendaland Platform, Lendaland does not own, construct, sell, resell, rent, lease, offer, regulate, manage, deliver, or supply any Listings or Host Services. Hosts alone are responsible for their Listings and Host Services. When Members create or agree to a booking, they are entering into a contract openly with each other. Lendaland is not and does not become a party to or other participant in any contractual relationship between Members, nor is Lendaland a real estate broker or insurer. Lendaland is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms. Lendaland’s responsibilities are limited to facilitating the availability of the Lendaland Platform and related services.
1.3 While we may help facilitate the resolution of disputes, Lendaland has no control over and does not guarantee (i) the existence, safety, quality, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Lendaland does not endorse any Member, Listing, Event, or Host Services. For Members in the United States and Canada, to the extent permitted by applicable laws, Lendaland may obtain reports from public records of criminal convictions or sex offender registrations. You consent to our use of your information, including your full name and date of birth, to obtain such reports. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Event or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person.
1.4 If you choose to use the Lendaland Platform as a Host, your relationship with Lendaland is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Lendaland for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Lendaland.
1.5 To promote the Lendaland Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails or other communications, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Lendaland cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Lendaland Platform may contain translations powered by Google, Amazon, or other machine translation service. Lendaland disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and noninfringement. All Members are encouraged to obtain and use their own personal professional translator to ensure the proper understanding of all words, phrases, colloquialisms, and all other language, including, but not limited to, terms, conditions, statements, warranties, liabilities, and responsibilities set forth in any and all content on the Lendaland website. Lendaland advises you not to enter into any agreement in which you do not fully understanding the terms of said agreement.
1.6 The Lendaland Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Lendaland is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Lendaland of such Third-Party Services.
1.7 Due to the nature of the Internet, Lendaland cannot guarantee the continuous and uninterrupted availability and accessibility of the Lendaland Platform. Lendaland may restrict the availability of the Lendaland Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Lendaland Platform. Lendaland may improve, enhance and modify the Lendaland Platform and introduce new Lendaland Services from time to time.
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Lendaland Platform or register a Lendaland Account. By accessing or using the Lendaland Platform you represent and warrant that you are 18 or older, and have the legal capacity and authority to enter into a contract.
2.3 Lendaland may make the access to and use of the Lendaland Platform, or certain areas or features of the Lendaland Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the Lendaland Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Lendaland Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise
2.6 If you access or download the Application from the Google Play Store or Apple App Store, you agree to each company’s respective agreements, including, but not limited to, end user license agreement and all other such similar agreements. Some areas of the Lendaland Platform implement third party mapping services, such as Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service and similar such agreements for any other third party providing such mapping services.
3.1 Lendaland reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will (a) post the revised Terms on the Lendaland Platform and update the “Last Updated” date at the top of these Terms, (b) provide you with notice of the modifications by email at least thirty (30) days before the date they become effective, and/or (c) we will have a pop up box with a click-through agreement appear at your next login. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect by contacting us. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Lendaland Platform will constitute acceptance of the revised Terms.
4.1 Lendaland may, at its sole discretion, enable Members to (i) create, post, upload, receive, send and store content, such as text, audio, photos, video, or other materials and information on or through the Lendaland Platform (“Member Content”); and (ii) access and view Member Content and any content that Lendaland itself makes available on or through the Lendaland Platform, including proprietary Lendaland content and any content licensed or authorized for use by or through Lendaland from a third party (“Lendaland Content” and together with Member Content, “Collective Content”).
4.2 The Lendaland Platform, Lendaland Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and/or other countries. You acknowledge and agree that the Lendaland Platform and Lendaland Content, including all associated intellectual property rights, are the exclusive property of Lendaland and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Lendaland Platform, Lendaland Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Lendaland used on or in connection with the Lendaland Platform and Lendaland Content are trademarks or registered trademarks of Lendaland in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Lendaland Platform, Lendaland Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
4.3 You will not use, copy, adapt, alter, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Lendaland Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Lendaland or its licensors, except for the licenses and rights expressly granted in these Terms. All rights not specifically granted herein are reserved by Lendaland.
4.4 Subject to your compliance with these Terms, Lendaland grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Lendaland Platform and accessible to you.
4.5 By creating, uploading, posting, receiving, sending, storing, or otherwise making available any Member Content on or through the Lendaland Platform, you grant to Lendaland a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, duplicate, alter, edit, adapt, reformat, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Lendaland Platform, in any media or platform. Unless you provide specific consent, Lendaland does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
4.6 You are solely responsible for all Member Content that you make available on or through the Lendaland Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Lendaland Platform or you have all rights, licenses, consents and releases that are necessary to grant to Lendaland the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Lendaland’s use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
4.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) is illegal or promotes illegal or harmful activities or substances; or (vi) violates Lendaland’s Content Policy or any other Lendaland policy. Lendaland may, without prior notice, remove, edit, or disable access to any Member Content that Lendaland finds to be in violation of these Terms or Lendaland’s then-current or Policies, or otherwise may be harmful or objectionable to Lendaland, its Members, third parties, or property.
4.8 DMCA Notice. Lendaland respects copyright law and expects its Members to do the same. If you believe that any content on the Lendaland Platform violates these Terms or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512). In the case of an alleged infringement, please provide the following information:
A. A description of the copyrighted work or other intellectual property that you claim has been infringed;
B. A description of where the material that you claim is infringing is located on the Lendaland Platform (including the exact URL);
C. An address, a telephone number, and an email address where we can contact you;
D. A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
E. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and
F. Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
G. We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to the designated agent listed below.
Thomas Mills 2330 Ellen Drive Lafayette, Indiana 47909 Email: [email protected]
H. We will terminate the User account of any User who repeatedly submits content that violates our intellectual property policies. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had Content removed from the Website more than twice.
5.1 You must register to create an account (“Lendaland Account”) to access and use certain features of the Lendaland Platform, such as publishing or booking a Listing. If you are registering a Lendaland Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
5.2 You can create a Lendaland Account using an email address and creating a password.
5.3 You agree to provide accurate, current and complete information during the registration process and keep your Lendaland Account and your profile page information viewable by the general public (“public Lendaland Account”) up-to-date at all times.
5.4 You may not create more than one Lendaland Account unless Lendaland authorizes you in writing to do so. You may not assign or otherwise transfer your Lendaland Account to another person or entity.
5.5 You are responsible for maintaining the confidentiality and security of your Lendaland Account credentials and may not disclose your credentials to any third party. You must immediately notify Lendaland if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Lendaland Account. You are liable for any and all activities conducted through your Lendaland Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing immediately to report the unauthorized use or loss of your credentials to Lendaland).The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Lendaland Platform, you are responsible for keeping this password confidential. You should not share your password with anyone. You must prevent unauthorized access to your account and personal information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account. The information you share in public areas may be viewed by other users.
5.6 Lendaland may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Lendaland Account. These features do not require that you share your credentials with any other person. No third party is authorized by Lendaland to ask for your credentials, and you shall not request the credentials of another Member. We’ll never email you to ask for your password or other account information. If you receive such an email, please send it to us so we can investigate.
5.7 Lendaland reserves the right to prohibit individuals from becoming Members, to cancel a Members’ account, or take other action that it deems appropriate in light of said individual’s actions during a prior Event, the individual’s criminal history, or any other factor (other than one involving race/ethnicity, religion, color, national origin, age (40 and over), sexual orientation, disability, gender, familial status) that in Lendaland’s sole determination.
6.1 Lendaland may charge fees to Hosts (“Host Fees”) and/or Guests (“Guest Fees”) (collectively, “Service Fees”) in consideration for the use of the Lendaland Platform. More information about when Service Fees apply and how they are calculated can be found on our Payment Terms page. All amounts listed, charged and payable shall be in U.S. dollars.
6.2 Any applicable Service Fees (including any applicable Taxes, as defined in Section 13) will be displayed to a Host or Guest prior to publishing or booking a Listing. Lendaland reserves the right to change the Service Fees at any time, and we will advise Members by providing email notice or by posting the changes on our Services Fees page.
6.3 You are responsible for paying any Service Fees that you owe to Lendaland. The applicable Service Fees are due and payable pursuant to our Payments Terms page. Except as otherwise provided in our Refund Policy, Service Fees are non-refundable.
7.1 Terms applicable to all bookings
7.1.1 Subject to meeting any requirements (such as completing any verification processes) set by the Host or Lendaland, Guests can book a Listing available on the Lendaland Platform by following the respective booking process. All applicable fees, including the Listing Fee (as defined in 8.1.2), Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. Guests agree to pay the Total Fees for any booking requested in connection with your Lendaland Account.
7.1.2 Upon receipt of a booking confirmation from Lendaland, a legally binding agreement is formed between Guests and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Lendaland will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the Payments Terms.
7.1.3 If Guests book a Host Service on behalf of additional individuals, the booking Guests are required to ensure that every additional individual meets each and every requirement set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If Guests are booking for an additional individual who is a minor, said Guests represent and warrant that the booking Guests are legally authorized to act on behalf of the minor and that you accept these Terms on the minor’s behalf. Minors may only participate in an Event or other Host Service if accompanied by Guests who is and has the legal authority to be responsible for said minor.
7.1.4 Guests shall obtain any and all licenses and permits required by any law, ordinance, or regulation of any and all local, state, and federal governmental or administrative unit having jurisdiction over the geographic location(s) or Accommodation where Guests will participate in Events or Host Services. Guests shall provide proof of said license and permit to Host prior to engaging in Events or Host Services. Further, Guests shall maintain said license and permit in their immediate possession at all times.
7.1.5 Guests shall adhere to all laws, ordinances, and regulations of any and all local, state, and federal governmental and administrative units having jurisdiction over the geographic location(s) of the Event or Host Services and the geographic location(s) through which Guests travel to/from said locations. This compliance includes, but is not limited to, alcohol or drug possession, alcohol or drug consumption, the method of transport, possession of firearms, guns, handguns, long guns, ammunition, bows and arrows, Taser-type devices, and any other weapon, deadly weapon, device, or projectile via interstate and intrastate travel. Guests are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in Events and Host Services.
7.1.6 Guests are recommended to obtain appropriate insurance, including accidental death and disability, loss of personal effects, emergency medical evacuation, major Medical, and trip cancellation.
7.1.7 Guests understand that Lendaland does not ensure that Guests and their activities are covered by Hosts’ insurance.
7.1.8 We recommend that Hosts obtain appropriate insurance for their Accommodation and Host Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while staying at your Accommodation or participating in your Experience, Event or other Host Service.
7.2 Booking Accommodations
7.2.1 Guests understand that a confirmed booking of an Event (“Event Booking”) is a limited license granted to Guests by the Host to enter, occupy and use the property for the duration of your Events, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the property, in accordance with Guests’ agreement with the Host.
7.2.2 You agree to leave the Host’s Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between Guests and the Host. If Guests stay past the agreed upon checkout time without the Host’s consent (“Overstay”), you no longer have a license to stay on the property and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, “Overstay Fees”). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. Lendaland will collect Overstay Fees from you pursuant to the Payments Terms. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.
7.2.3 By placing an Event Booking, Guests affirm that each and every member of Guest’s party is of age and meets the applicable Requirements to participate in the Event or Host Service.
7.3 Booking Events and other Host Services
7.3.1 Guests should carefully review the description of any Events or other Host Service you intend to book to ensure Guests (and any additional individuals who Guests are booking for) meet all minimum age, proficiency, fitness, mental capacity, training, certification, legal requirements, or other reasonable requirements (collectively, “Requirements”) which the Host has specified in their Listing. Guests are responsible to ensure they are legally eligible to participate in said Events or Host Service (such as, but not limited to, possessing required hunting licenses and firearms). Guests are required to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to safely participate in Events or other Host Service. Host, may, in his/her/its reasonable discretion, deny Guests the ability to engage in Events, Host Service, or an Event Booking if Guests, in Hosts’ reasonable belief, do not meet the requisite Requirements to safely engage in said activity(ies), do not possess the proper licenses, and/or do not meet the legal requirements necessary to engage in said activity(ies).
7.3.2 Before and during Events or other Host Service you must at all times adhere to Hosts’ reasonable instructions.
7.3.3 You may not bring any additional individuals to Events or other Host Service unless such an individual was added by you as an additional guest during the booking process on the Lendaland Platform.
8.1 Terms Applicable to All Listings
8.1.1 When creating a Listing through the Lendaland Platform you agree to (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as property rules), certifications, and Requirements that apply (such as any minimum age, proficiency or fitness requirements for an Event) and (iii) provide any other pertinent information requested by Lendaland. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
8.1.2 Hosts are solely responsible for setting a price (including any Taxes if applicable) for Hosts’ Listing (“Listing Fee”). Once Guests requests a booking of Hosts’ Listings, Hosts may not request that the Guests pay a higher price than in the booking request.
8.1.3 Any terms and conditions included in Hosts’ Listings, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Listing. Should any conflict between occur, these Terms shall control.
8.1.4 Pictures, graphics, animations or videos (collectively, “Images”) used in Hosts’ Listings must accurately reflect the quality and condition of the Host Services set forth in Hosts’ Listings. Lendaland reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
8.1.5 The placement and ranking of Listings in search results on the Lendaland Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host Requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of events, and/or ease of booking.
8.1.6 When you accept or have pre-approved a booking request by Guests, Hosts are entering into a legally binding agreement with Guests and are required to provide the Host Service(s) to the Guests as described in Hosts’ Listing when the booking request is made. Hosts also agree to pay the applicable Host Fees and any applicable Taxes, as described in and collected pursuant to the Payments Terms.
8.1.7 Lendaland recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not Hosts’ insurance policy will cover the actions or inactions of Guests (and the individuals Guests have booked for, if applicable) while staying at your property or participating in your Event or other Host Service.
8.1.8 A Host shall, in his/her/its reasonable discretion, deny Guests the ability to engage in Events, Host Service, or an Event Booking if Guests, in Hosts’ reasonable belief, do not meet the requisite Requirements to safely engage in said activity(ies), do not possess the proper licenses, or do not meet the legal requirements necessary to engage in said activity(ies).
8.2 Listing Properties
8.2.1 You may only list one Accommodation per Listing.
8.2.2 If you choose to require a security deposit for your Accommodation, you must specify this in your Listing (“Security Deposit”). Hosts are not allowed to ask for a Security Deposit after a booking has been confirmed nor outside of the Lendaland Platform. Lendaland will use commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but Lendaland is not responsible for administering or accepting any claims by Hosts related to Security Deposits.
8.2.3 You represent and warrant that any Listing you post and the booking of, or Guests’ Events or Host Services at, Hosts’ Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). Hosts are responsible for Hosts’ own acts and omissions (and those of Host’s service providers) and are also responsible for the acts and omissions of any individuals who reside at, occupy, visit, or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable).
8.2.4 Hosts shall verify that all Guests who engage in Events or Host Services possess all requisite licenses and/or permits. Hosts are responsible for ensuring that Guests are lawfully permitted to engage in said Events or Host Services.
8.3 Listing Events and other Host Services
8.3.1 To list an Event or other Host Service, you must create a Listing and submit the Event or Host Service to Lendaland. To be considered for publishing on the Lendaland Platform, Events or other Host Services must at all times a reasonable standard of quality in all Events and Accommodations and meet Guest demand. Lendaland reserves the right to decide, in its sole discretion, if a submitted Event or other Host Service will be published on the Lendaland Platform.
8.3.2 When listing an Event or other Host Service you must, where applicable, fully educate and inform Guests about (i) any risks inherent to the Event or other Host Service, (ii) any requirements for participation, such as the minimum Requirements, and (iii) anything else they may need to know to safely participate in the Event or other Host Service (including dress codes, equipment, special certifications or licenses, etc.).
8.3.3 Hosts represent and warrant that Hosts (i) understand and comply with all laws, rules and regulations that may apply to your Event or other Host Service(s), and (ii) will obtain any required licenses, permits, or registrations prior to providing Hosts’ Event or other Host Services. You can find additional information about some of the legal obligations that may apply to you on our Responsible Hosting pages.
9.1 Hosts and Guests are responsible for any modifications to a booking that they make via the Lendaland Platform or direct Lendaland customer service to make (“Booking Modifications”), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications pursuant to Hosts’ Listings.
9.2 Guests can cancel a confirmed booking at any time subject to the Listing’s cancellation policy, and Lendaland will provide any refund to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any amounts due to the Host under the applicable cancellation policy will be remitted to the Host by Lendaland pursuant to the Payments Terms.
9.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking and Lendaland may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, Lendaland may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking pursuant to Lendaland’s Extenuating Circumstances Policy or has legitimate concerns about the Guest’s behavior.
9.4 For Events and other Host Services, if inclement weather creates an unsafe or uncomfortable scenario for Guests, Hosts may modify or cancel a Host Service. If there is a substantial change in the itinerary or the Host Service needs to be cancelled, Lendaland will work with the Host to provide Guests an alternative date for the Host Service, an appropriate refund or a rebooking.
9.5 In certain circumstances, Lendaland may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in Lendaland’s Extenuating Circumstances Policy or (i) where Lendaland believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Lendaland, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.6 If a Guest suffers a Travel Issue as defined in and pursuant to the Lendaland’s Extenuating Circumstances Policy, Lendaland may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy.
9.7 Members may contact us at [email protected] to send or request money for refunds, additional Host Services, or Damage Claims related to bookings.
10.1 Within a limited time (as determined by Lendaland in its sole discretion) after completing a booking, Guests and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of Lendaland. Ratings and Reviews are not verified by Lendaland for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Guests and Hosts must be fair, truthful and factual and may not contain any offensive, libelous, or defamatory language. Ratings and Reviews must comply with Lendaland’s Content Policy and Extortion Policy.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing or influencing a third party to write a positive or negative Review about another Member.
10.4. See Section 4.9 above regarding your right to request removal of certain posted content.
11.1 Guests are responsible for leaving the Accommodation (including any personal or other property located at the site of the Events or Host Services) in the condition it was in when the Guests arrived. Guests are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals whom Guests invite to, or otherwise provide access to, the Property, excluding the Host (and the individuals the Host invites to the Property, if applicable).
11.2 If a Host claims and provides evidence that you as a Guest have damaged the Property or any personal or other property at Events or Host Services (“Damage Claim”), the Host can seek payment from you by contacting us. If a Host escalates a Damage Claim to Lendaland, Guests will be given an opportunity to respond. If you agree to pay the Host, or Lendaland determines in its sole discretion that you are responsible for the Damage Claim, Lendaland will collect any such sums from the Guests at issue and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. Lendaland also reserves the right to otherwise collect payment from you and pursue any remedies available to Lendaland in this regard in situations in which you are responsible for a Damage Claim.
11.3 Members agree to cooperate with and assist Lendaland in good faith, and to provide Lendaland with such information and take such actions as may be reasonably requested by Lendaland, in connection with any Damage Claims or other complaints or claims made by Members relating to Events or Host Services or any personal or other property located at a Property. A Member shall, upon Lendaland’s reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Lendaland or a third party selected by Lendaland or its insurer, with respect to losses for which a Member is requesting payment from Lendaland.
12. Claims Against Hosts
12.1 If you are a Host, you understand and agree that Lendaland may make a claim under your homeowner’s, renter’s, or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to a property or any personal or other property located at a Property. You agree to cooperate with and assist Lendaland in good faith, and to provide Lendaland with such information as may be reasonably requested by Lendaland, to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Lendaland may reasonably request to assist Lendaland in accomplishing the foregoing.
13.1 You as a Host agree to comply with all applicable tax and tax-related laws and regulations (as currently existing and as enacted or amended hereafter). As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes, income taxes or other taxes (collectively, “Taxes”).
13.2 Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts or withhold such amounts as required by law, or to do both, until resolution.
13.3 You understand that any appropriate governmental agency, department and/or authority (“Tax Authority”) where your Accommodation is located may require Taxes to be collected from Guests or Hosts on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Hosts, a set amount per day, or other variations, and are sometimes called “transient occupancy taxes,” “hotel taxes,” “lodging taxes,” “city taxes,” “room taxes” or “tourist taxes” (“Occupancy Taxes”).
13.4 In certain jurisdictions, Lendaland may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Hosts, in accordance these Terms (“Collection and Remittance”) if such jurisdiction asserts Lendaland or Hosts have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize Lendaland to collect Occupancy Taxes from Guests on the Host’s behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected and remitted by Lendaland will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Where Lendaland is facilitating Collection and Remittance, Hosts are not permitted to collect any Occupancy Taxes being collected by Lendaland relating to their Accommodations in that jurisdiction.
13.5 You agree that any claim or cause of action relating to Lendaland’s facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by Lendaland in connection with facilitation of Collection and Remittance, if any. Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Lendaland from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
13.6 Lendaland reserves the right, with prior notice to Hosts, to cease the Collection and Remittance in any jurisdiction for any reason at which point Hosts and Guests are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations in that jurisdiction.
14.1 Members are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to their use of the Lendaland Platform. In connection with Members’ use of the Lendaland Platform, Members will not and will not assist or enable others to:
breach or circumvent any applicable laws, regulations, court orders, agreements with third-parties, third-party rights, or our Terms, Policies, or any other terms set forth on the Lendaland Platform;
use the Lendaland Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Lendaland endorsement, partnership or otherwise misleads others as to your affiliation with Lendaland;
use the Lendaland Platform in connection with the distribution of unsolicited commercial messages (“spam”);
offer, as a Host, any Property that you do not yourself own or have permission to make available as a property or other property through the Lendaland Platform;
unless Lendaland explicitly permits in writing otherwise, book any Listing if you will not actually be using the Host Services yourself;
contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member’s use of the Lendaland Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without Lendaland’s prior written approval;
use the Lendaland Platform to request, make or accept a booking independent of the Lendaland Platform, to circumvent any Service Fees or for any other reason;
request, accept or make any payment for Listing Fees outside of the Lendaland Platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Lendaland harmless from any liability for such payment;
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
use, display, mirror or frame the Lendaland Platform or Collective Content, or any individual element within the Lendaland Platform, Lendaland’s name, any Lendaland trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Lendaland Platform, without Lendaland’s express written consent;
dilute, tarnish or otherwise harm the Lendaland brand in any way, including through unauthorized use of Collective Content, registering and/or using Lendaland or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Lendaland domains, trademarks, taglines, promotional campaigns or Collective Content;
use manual or automated software, devices, scripts, robots, backdoors or other means or processes to spider, crawl, scrape or other automated means or processes to access, collect data or other content from or otherwise interact with the Lendaland Platform for any purpose;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Lendaland or any of Lendaland’s providers or any other third party to protect the Lendaland Platform;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Lendaland Platform;
take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Lendaland Platform;
export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14.2 You acknowledge that Lendaland has no obligation to monitor the access to or use of the Lendaland Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Lendaland Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Lendaland in good faith, and to provide Lendaland with such information and take such actions as may be reasonably requested by Lendaland with respect to any investigation undertaken by Lendaland or a representative of Lendaland regarding the use or abuse of the Lendaland Platform.
14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Lendaland by providing us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Lendaland terminate the Agreement in accordance with these Terms.
15.2 You may terminate this Agreement at any time via the “Delete Account” feature on the Lendaland Platform or by sending us an email. If you delete your Lendaland Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your Lendaland Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
15.3 Without limiting our rights specified below, Lendaland may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered account email address.
15.4 Lendaland may immediately, with or without notice, terminate this Agreement if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies, or any other term set forth on the Lendaland Platform (ii) you have violated applicable laws, regulations or third party rights, or (iii) Lendaland believes in good faith that such action is reasonably necessary to protect the personal safety or property of Lendaland, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 In addition, Lendaland may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies, or any other term set forth on the Lendaland Platform, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Lendaland Account registration, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Lendaland otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Lendaland believes in good faith that such action is reasonably necessary to protect the personal safety or property of Lendaland, its Members, or third parties, or to prevent fraud or other illegal activity:
refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
cancel any pending or confirmed bookings;
limit your access to or use of the Lendaland Platform;
temporarily or permanently revoke any special status associated with your Lendaland Account; or
Temporarily or permanently suspend your Lendaland Account.
In case of non-material breaches and where appropriate at Lendaland’s sole discretion, you will be given notice of any intended measure by Lendaland and an opportunity to resolve the issue to Lendaland’s reasonable satisfaction.
15.6 If Lendaland takes any of the measures described above, (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
15.7 Should this Agreement be terminated, you will not be entitled to a restoration of your Lendaland Account or any of your Member Content. If your access to or use of the Lendaland Platform has been limited or your Lendaland Account has been suspended or this Agreement has been terminated by us, you may not register a new Lendaland Account or access and use the Lendaland Platform through an Lendaland Account of another Member.
15.8 If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
16.1 If you choose to use the Lendaland Platform or Collective Content, you do so voluntarily and at your sole risk. The Lendaland Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
16.2 You agree that you have had whatever opportunity you deem necessary to investigate the Lendaland Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by Lendaland relating to a Listing.
16.3 If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
16.4 You agree that some Accommodations, Events or other Host Services may carry inherent risk, and by participating in those Host Services, you choose to assume those risks voluntarily. For example, some Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. You assume full responsibility for the choices you make before, during and after your participation in a Host Service. If you bring a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of the Events or Host Services and to the maximum extent permitted by law, you agree to release and hold harmless Lendaland from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Services or in any way related to your Host Service.
16.5 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
17.1 Members acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Lendaland Platform and Collective Content, your publishing or booking of any Listing via the Lendaland Platform, your stay at any Accommodation, participation in any Events or use of any other Host Services or any other interaction you have with other Members whether in person or online remains with you. Neither Lendaland nor any third party involved in creating, producing, or delivering the Lendaland Platform or Collective Content will be liable for any incidental, special, indirect, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury, including disability or death, or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Lendaland Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Lendaland Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Accommodation, Events or Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Lendaland 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. Except for our obligations to pay amounts to applicable Hosts pursuant to these Terms, in no event will Lendaland’s aggregate liability arising out of or in connection with these Terms and your use of the Lendaland Platform including, but not limited to, from your publishing or booking of any Listings via the Lendaland Platform, or from the use of or inability to use the Lendaland Platform or Collective Content and in connection with any Visit to a Property, Event or other Host Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Lendaland Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Lendaland to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100.00), 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 Lendaland and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Lendaland’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
17.2 Lendaland draws your attention to the fact that there are certain inherent risks involved in participating in the type of Events and Host Services facilitated by the Lendaland. Members agree and understand that they participate in such Events and Host Services at your own risk, and that such Events and Host Services are inherently dangerous and life threatening.
17.3 Members acknowledge and agree that it is their responsibility to obtain professional medical advice prior to departure as to whether said Members have the physical and mental ability to undertake the booked Events or Host Services. Members are responsible for their own medical condition, care and treatment.
17.4 By accepting this Agreement, Members acknowledge and agree that their Events and Host Services, whether in civilized or remote areas, by plane, train, auto, boat, horseback, boat, canoe, other conveyance, or on foot, involves inherent dangerous risks of illness, injury, death or loss and damage of property, which may be caused by intentional conduct and negligence of yourself and/or others, forces of nature, and other causes known or unknown. Members recognize that such risks may be present at any time before, during, and after the trip, and you hereby accept the same.
18.1 You agree to release, defend (at Lendaland’s option), indemnify, and hold Lendaland and its affiliates and subsidiaries, and their officers, directors, employees, Members, managers, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies, (ii) your improper use of the Lendaland Platform or any Lendaland Services, (iii) your interaction with any Member, visit to a Property, participation in an Event or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Lendaland’s Collection and Remittance of Taxes or fees, or (v) your breach of any laws, regulations or third party rights.
19.1 The provisions of this Section 19 regarding this Dispute Resolution and Arbitration Agreement (collectively, “Arbitration Agreement”) shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against Lendaland in the United States (to the extent not in conflict with Section 21).
19.2. Any action against us must be brought within one (1) year of the cause arising.
19.3 In the event of any dispute, claim, question or disagreement arising from or relating to the Terms or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, such dispute, claim, question or disagreement shall be resolved by arbitration in Atlanta, Georgia, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this Section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing and shall be final. Judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act, the terms of which Sections the parties agree shall apply. The expenses of arbitration, including and the fees and expenses of the arbitrator and the AAA, shall be shared equally by the parties.
19.4. The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any other monetary relief not measured by the prevailing party’s actual damages and each party irrevocably waives any claim thereto. The award may include equitable relief. The arbitrator will not make any ruling, finding, or award that does not otherwise conform to the Terms. The arbitrator may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition.
19.5. The parties agree to treat all aspects of the arbitration as confidential, as provided in the AAA Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. Further, judgment on the arbitrators’ award may be entered in any court having jurisdiction.
19.6 Jury Trial Waiver. You and Lendaland acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
19.7 No Class Actions or Representative Proceedings. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.’
19.8 Severability. Except as provided in Section 19.7, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
19.9 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Lendaland changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Lendaland’s notice to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Lendaland in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
19.10 Survival. Except as provided in Section 19.8 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the Lendaland Platform or terminate your Lendaland Account.
20.1 We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Lendaland Platform (“Feedback”). You may submit Feedback by emailing us through the “Contact” section of the Lendaland Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
21.1 Governing Law; Jurisdiction; Venue. These Terms will be governed by the laws of the State of Indiana without regard to its conflict of laws provisions. Lendaland and you agree to submit to the exclusive jurisdiction of the courts located within Indianapolis, Indiana for entering any arbitrator’s decision or award. Notwithstanding this, each party will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
22.1 Except as they may be supplemented by additional terms and conditions, policies, or guidelines, these Terms constitute the entire Agreement between Lendaland and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Lendaland and you in relation to the access to and use of the Lendaland Platform.
22.2 No joint venture, partnership, employment, or agency relationship exists between you and Lendaland as a result of this Agreement or your use of the Lendaland Platform.
22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
22.5 Lendaland’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
22.6 You may not assign, transfer convey (whether by contract, merger or operation of law (collectively referred to as “assign” or its variants) or delegate this Agreement and your rights and obligations hereunder without Lendaland’s prior written consent. Lendaland may without restriction assign this Agreement and any rights and obligations hereunder, at its sole discretion. Your right to terminate this Agreement at any time remains unaffected. You consent to our disclosure of your personal information and other information to a potential buyer or other successor for the purpose of considering a merger, divestiture, restructuring, reorganization, dissolution, or sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about you is among the assets transferred. You agree to and do hereby consent to (and shall not object to) our assignment of rights to your personal information and other information, with or without notice to you and without your further consent.
22.7 Notices. Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by Lendaland via email, Lendaland Platform notification, or messaging service (including texting/SMS and WeChat). You hereby consent to all communications from us, including any legally required communications, being by email.
If you have any questions about these Terms please contact us.
Contact Information. Our contact email address is [email protected].