Terms and Conditions

Updated: 5/9/2024

IMPORTANT! THIS IS A BINDING LEGAL AGREEMENT (this "Agreement"). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

This Agreement governs your use of this Internet site located at stayseasonal.com. By using or accessing stayseasonal.com, a subdomain of such website, any mobile application for such websites or any other website operated by us on which these Terms and Conditions are posted via a link or otherwise (“Site”), you acknowledge that you agree to and are subject to the following terms and conditions, as well as our Privacy Policy (collectively, "Terms"). If you do not fully agree to these Terms, Privacy Policy and any other terms and conditions posted or linked to on any Site, you are not authorized to access or otherwise use the Site. Under these Terms, "use" or "access" of the Site specifically includes any direct or indirect access or use of the Site or any cached version of the Site and any direct or indirect access or use of any information or content on the Site, regardless of how you obtained and the term "Site" includes, without limitation, any cached version thereof.

Each Site is operated by Seasonal. Unless otherwise specified, the entity controlling the Site you are accessing is referred to herein as “Seasonal,” “Company,” “we,” “us” or “our”. For the purposes of this agreement “you” and “user” means, collectively, the person using the Site or booking any certain property.

You should read all the Terms thoroughly and carefully. The Terms constitute a legally binding agreement between you and Seasonal. You are not qualified to use this Site unless you are at least 18 years of age and you have the capacity to enter into legally binding contracts. If you do not qualify, you may not use the Site. You warrant that you are eighteen (18) years of age or older to reserve a room on this Site.We do not knowingly collect the information of anyone under the age of 18.

You also warrant that you are legally authorized to make the travel reservations and/or purchases for either yourself or for another person for whom you are authorized to act. You may only use this Site to make legitimate reservations or purchases and shall not use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations, or any reservation in anticipation of demand.

We reserve the right to cancel or modify reservations where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error, or from an attempt to circumvent HWI or hotel policies, terms or conditions.

You understand that overuse or abuse of the reservation facilities of this Site may result in your being denied access to such facilities.

Reservations made by one or more individuals or by an agency on the Site, on behalf of one or more proposed guests, and involving more than nine (9) rooms at the same hotel for the same period of stay, must be made directly through the hotel. If more than nine (9) rooms at the same hotel for the same period of stay are booked through any other method, we reserve the right to cancel or impose additional requirements on such reservations.

If you arrived on the Site after having been redirected or otherwise clicking on another website, you agree that these Terms shall govern your use of this Site.

We urge all users exercise due care in their use of this Site and any transaction entered into as a result of either listing a property or booking a property. The Site acts as a venue to allow property owners and their representatives (“members” or “users”) who advertise on the Site to offer one or more of their properties to be booked by guests (“guests” or “users”), as well as a way for users to communicate with one another and enter into booking agreements or similar transactions. We shall not, by reason of your use of this Site or otherwise, be deemed to be your employee or agent, and we shall have no power to enter into any agreement on your behalf or bind you. Neither the Company nor any of its affiliates entities, shareholders, members, directors, employees, agents or representatives are acting as real estate brokers or real estate salespersons.

Responsibility for applicable laws, rules and regulations. Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site. Members further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the listing of their property and the conduct of licensing their property, including but not limited to any and all laws, rules, regulations or other requirements relating to taxes, credit cards, data and privacy, taxes, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Please be aware that, there may be circumstances where we are legally obligated (as we may determine in our sole discretion) to provide information relating to a listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion. Members who accept credit card, banking or other payment information from guests agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.

Limited License to Use the Site. Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of advertising a property, searching for a property, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or services offered on any Site, participating in an interactive area hosted on any Site or for any other purpose clearly stated on a Site, all in accordance with the Terms. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.

Rules and Conduct. As a condition of use, you promise not to use the Site for any purpose that is prohibited by the Terms or by law. You are responsible for all of your activity in connection with the Site. You shall not, and shall not permit any third party using your account to, take any action, or submit content, that:

  • you know is false or misleading;
  • infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  • is patently offensive or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
  • is abusive, threatening, obscene, defamatory, or libelous;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  • solicits any personal information from anyone under 18;
  • provides any telephone numbers, street addresses, last names, URLs, or email addresses;
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming;
  • contains restricted or password-only access pages or hidden pages or images;
  • furthers or promotes any criminal activity or enterprise or provides instructional information about or for the purpose of illegal activities;
  • solicits passwords or personally identifiable information for commercial or unlawful purposes from other users of this Site;
  • includes a photograph of another individual that you have posted without that individual's consent;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party; or
  • impersonates any person or entity, including any employee or representative of the Company.

Additionally, you shall not: 

(i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; 

(ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; 

(iii) bypass any measures the Company may use to prevent or restrict access to the Site (or other accounts, computer systems, or networks connected to the Site); 

(iv) run Maillist, Listserv, or any form of auto-responder or "spam" on the Site; or 

(v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.

You shall not directly or indirectly: 

(i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site, except to the limited extent applicable laws specifically prohibit such restriction; 

(ii) modify, translate, or otherwise create derivative works of any part of the Site; or 

(iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

Proprietary Rights and Downloading of Information from the Site. The Site and all content and information on the Site are protected by copyright as a collective work and/or compilation, pursuant to applicable U.S. and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site for other than for your personal, noncommercial use (other than in accordance with a valid membership) is expressly prohibited without prior written consent from us.

As part of the booking inquiry process, for your own personal, noncommercial use and not for further distribution, you may download, display, and/or print one copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form displayed on the relevant portion(s) of the Site that you desire to download, display or otherwise print.

Copyright Notifications. The Company will remove any infringing materials in accordance with the Digital Millennium Copyright Act (DMCA), as amended, if properly notified that content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the Company’s Copyright Agent in writing. Your notice must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a thorough description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site, sufficient for the Company to locate the alleged infringing material;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

If you believe that your work has been removed or disabled by mistake or misidentification, please notify the Company’s Copyright Agent in writing. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):

  • a physical or electronic signature of the user of the Site;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disable, as a result of mistake or misidentification of the material; and
  • the subscriber's name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the Platform provider may be found, and that the user will accept service of process from the person who provided notification under subscriber (c)(1)(C) or an agent of such person.

Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

If you fail to comply with these notice requirements, your notification or counter-notification may not be valid. Our designated copyright agent for notice of alleged copyright infringement is:

Seasonal
Attn: Copyright Agent
Email: support@stayseasonal.com

In accordance with the DMCA and other then applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, users who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there has been any repeat infringement.

Your Email Address and Data; Our Privacy Policy; Data Transmittal. When you provide your email address, name or other information to us in connection with your use or access to the Site, any service or tool provided on the Site or otherwise, you agree to allow the Site and its affiliated websites to add your email address, name or other information provided to our database of users. You may receive one or more promotional emails from either the Site or a website of one of the Company’s affiliates. You are welcome to opt not to receive such promotional emails from the Site or such affiliates’ websites at any time. Please review our Privacy Policy for more information regarding our email and other data collection practices and safeguards, and how to opt not to receive such emails. Your use of the Site signifies your acknowledgment of, and agreement, with our Privacy Policy.

Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United States of America.

In the event that you use any of our tools that we may from time to time offer that integrate in any way with a third party website to which you have provided data or information, you acknowledge and agree that such third party website shall be responsible for how the data or information you have provided to such website is handled.

Identity Verification. User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user's purported identity. We encourage you to communicate directly with a guest or member through the tools available on the Site, though even this does not assure you of the identity of the person with whom you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person’s identity and, for guests, of the property and relevant details of your booking or proposed booking.

You agree to:

 (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts;

(ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person; 

(iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and;

 (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request.

We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us or your email account, even those transactions that are fraudulent or that you did not intend or want performed.

EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR COMPANY ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE COMPANY AND OTHER USERS. Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.

Limitations on Communications and Use of Other Users’ Information; No Spam.

You agree that, with respect to other users' personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (a) Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, and (c) inquiring about or otherwise facilitating a transaction between you and the other user related to the purpose of the Site (such as inquiring about or booking an online booking or charging a personal credit card). Any other purpose will require express written permission from the user. You may not use any such information for any unlawful purpose or with any unlawful intent.

In all cases, you must give users an opportunity to remove their information from your address book or database or other records and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.

We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site user, even a user who has booked a property from you or to you, to your mailing list (email or physical mail) without the user's express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Site or through any tool or service provided on the Site.

Links to Third Party Sites. The Site may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company's control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.

Disclaimer. The Site, including all content on the Site, is provided on an "as is" and "as available" basis. Use of the Site is at your own risk. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, the Company, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable, complete, or correct; that the Site will meet your requirements; that the Site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Site is free of viruses or other harmful components. Any content downloaded or accessed through the Site is downloaded or accessed at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or access.

YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from the Site or from a third-party site that links to or from the Site or third party content on the Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the Indemnified Parties with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Indemnification. You agree to indemnify, defend, and hold harmless the Company and affiliates, and each of their members, contractors, suppliers, officers, directors, representatives, agents, and employees (collectively, the "Indemnitees") from and against any and all liability, damages and costs (including, without limitation, attorneys' fees) that arise from or relate to your use or misuse of the Site, including without limitation with respect to any claim arising out of any content that you submit or breach or alleged breach of any of your obligations set forth in these Terms. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You shall not settle any matter without the written consent of the Company. You shall cooperate as fully as reasonably required in the defense of any claim.

The Indemnified Parties are not responsible for telephone, electric, electronic, network, Internet, computer, hardware or software program malfunctions, failures, delays or difficulties, or late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail, e-mail, form postings, connections, messages or entries, or the security of any and all such matters.

Further, the Indemnified Parties are not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Site or by any technical or human error which may occur in the processing of any information related to the Site.

LIMITATION OF LIABILITY. IN NO EVENT WILL SEASONAL NOR ANY OF ITS AFFILIATED ENTITIES, SHAREHOLDERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “AFFILIATES”) BE LIABLE FOR ANY DELAYS, ACCIDENTS, DAMAGES, INJURIES OR LOSSES SUFFERED BY MEMBERS, GUESTS OR THE PROPERTY. SEASONAL IS NOT RESPONSIBLE OR LIABLE FOR MANAGING OR MAINTAINING THE PROPERTY OR FOR THE ACTIONS, INACTIONS OR FAULTS OF MEMBER OR ANY OTHER THIRD PARTY INVOLVED IN THE BOOKING OR MANAGEMENT OF THE PROPERTY. IN NO EVENT WILL SEASONAL BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY IN CONNECTION WITH THIS AGREEMENT OR THE BOOKING, LICENSE OR USE OF THE PROPERTY. IF, DESPITE THE LIMITATIONS CONTAINED IN THIS AGREEMENT, SEASONAL IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY IN CONNECTION WITH THE AGREEMENT, THEN SEASONAL’S LIABILITY WILL IN NO EVENT EXCEED THE ONE HUNDRED DOLLARS ($100.00).

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.

NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR ANY OF THE INDEMNIFIED PARTIES WILL CREATE A WARRANTY OF ANY KIND AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE, OR TO DENY ACCESS TO THE SITE TO ANYONE AT ANY TIME. NEITHER WE NOR ANY OF THE INDEMNIFIED PARTIES, SHALL HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE SITE.

Destinations. The Company works with members and service providers in different destinations and you are responsible for determining what, if any, documentation (including passports and visas) are required to travel to a particular destination. The Company does not represent or warrant that travel to any destination is advisable or without risk and shall not be liable for damages or losses that may result from travel to such destinations. The Company is not responsible for weather or seasonal conditions, which may affect your use of any property and surrounding areas, including, but not limited to, beaches and roads, or your ability to travel to or from any property. The Company shall not be held responsible for any limited signal strength, absence and/or interruption in telecommunication services, including, but not limited to, internet, phone, cable and satellite reception. We urge you to consult with governmental travel reports, including alerts, warning and advisories, before entering into this agreement.

Booking Agreement. We may manage inquiries, quotes and booking agreements and allow for payments to be made relating to the booking of a property on our Site. By entering into a property booking agreement, the guest and member each agree to the terms and conditions set forth in such booking agreement or other such terms displayed in the booking process (including without limitation the cancellation and refund policies) effective as of the date that the user indicates acceptance of the booking agreement. You hereby acknowledge and agree that (a) you are fully responsible for such terms and conditions, (b) any booking agreement used, whether or not based on a sample provided by the Site is used solely at your own risk and expense, (c) nothing contained in these Terms or the booking agreement or any sample booking agreement is in any way a substitute for the advice of an attorney, and (d) that you have been hereby advised to obtain local legal counsel to prepare, review and revise as necessary any booking agreements to ensure compliance with federal, state, and local law and their particular circumstances, and to revise the booking agreement as necessary to accurately represent a particular property, rules, features, etc.

Force Majeure. You agree that the Company, its affiliates and/or the members are not liable for any damages, losses or injuries caused by that person’s control, including, without limitation, any fire, flood, hurricane, tsunami, war, revolution, act of terrorism or change to any law, regulation or government policy.

Miscellaneous Provisions.

  • Governing Law. This Agreement and all disputes or issues arising from it shall be governed exclusively by the laws of Delaware without regard to conflict or conflict of law principles.
  • Dispute Resolution. As a condition precedent to any other legal recourse (unless such legal recourse seeks injunctive relief), any parties to a dispute involving the Site shall make good faith efforts to come to resolution. An initial meeting to resolve the dispute shall be conducted by the parties at a meeting to be held via teleconference within fourteen (14) working days of a written request, which request shall specify in reasonable detail the nature of the dispute to be resolved at such meeting. The meeting shall be attended by representatives of the parties and any other person that may be affected in any material respect by the resolution of such disputes. Such representatives shall have authority to settle the dispute and shall attempt in good faith to resolve the dispute. The parties shall submit any unresolved dispute to binding arbitration before the American Arbitration Association (the “AAA”) pursuant to the AAA’s expedited rules with proceedings to take place in Wilmington, Delaware. In the event of arbitration, the parties shall be responsible for their own legal fees and expenses, and the costs and expenses of the arbitrator and any fees charged by the AAA shall be apportioned equally between the parties.
  • Assignment. This Agreement and the rights and liabilities of the parties hereto inure to the benefit of their respective successors and assigns. The Company may assign this Agreement to any successor entity. Users may not assign without the written permission of the Company.
  • Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms will continue in full force and effect.
  • Attorneys’ Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce these Terms, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorneys’ fees incurred on appeal.
  • No Waiver. No waiver of or by the Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement.
  • Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Site, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.

Modifications. The Company reserves the right to change any of the provisions listed herein and you agree to review these Terms each time you visit the Site. Your continued use of the Site following the posting of any changes to these Terms constitutes your acceptance of such changes. The Company does not and will not assume any obligation to provide you with notice of any change to this document and you acknowledge and agree to the same. Unless accepted by the Company in writing, you may not amend these Terms in any way.

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