TERMS

 

 

Locale Terms of Use Last Updated: May 8, 2018

The Locale, LLC, together with its parents, affiliates, subsidiaries, partners and related entities, ("Locale"), is a platform providing apartment suites for the corporate and leisure travelers. Locale intends to create a new stay experience that combines hotel-like amenities with home-like comforts. Our “Apartment Suites” are designed for travelers wanting more out of their stays. Locale plans to sell our apartment suites through its website located at https://www.staywithlocale.com, mobile applications, sites, products and services (collectively, the "Locale Platform").  

These Terms of Use (the "Terms") contain important information about Your legal rights, remedies and obligations, all of which You should read carefully. They form a binding legal agreement between You and Locale. We are continually changing and improving the Locale Platform.  We reserve the right in our sole discretion to modify the Locale Platform, to add or remove features or functionalities, or to suspend or terminate any part of it with or without notice.

Occasionally, we may have to modify or amend the Terms, and if we do, we will post the changes to the "Terms of Use" pages of our website and apps, send you a message or otherwise notify you.  Amendments will become effective 30 days after we post them or otherwise send you a notice. If you do not agree to the Terms, or any amendment of them, your recourse is to cancel your account and/or to stop accessing or using the Locale Platform.

ELIGIBILITY & USE OF THE PLATFORM

Access to and use of the Locale Platform is available only to those who are at least 18 years old and by accessing or using the Locale Platform you represent and warrant that you are over 18 years old, and capable of entering into a valid and binding legal contract under applicable law.   

PROHIBITED CONDUCT

By accessing, searching on or using the Locale Platform in any way, you agree that will not:

Use another person's Account, to misrepresent yourself, your identity or qualifications or transactions;   Violate any local, state, federal or international law or regulation, or any order of a court as may relate to transactions, apartment suites or other bookings facilitated by the Locale Platform; Use any automated system including but not limited to robots, spiders, offline readers, crawlers, scrapers to access, copy, maintain or compile the Locale  Platform or content thereon for any purpose without our prior written approval; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the Locale Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (Locale reserves the right to revoke these exceptions either generally or in specific cases); In any manual or automated manner copy, appropriate, use or disclose any copyrighted text, or other intellectual property, rights of publicity, privacy or contract rights or otherwise misuse or misappropriate Locale Platform information or content including but not limited to, use on a mirrored, competitive, or third-party site; Transmit more request messages or searches through the Locale Platform in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; Take any action that (a) may unreasonably encumber the Locale's Platform's infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Locale Platform; (d) circumvents, disables or otherwise interferes with security features of the Locale Platform; (e) distributes viruses or any other technologies that may harm Locale or users; (f) uses the Locale Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates and fees, fee structure or billing claimed or owed as a result of interaction, relationships or transactions that may be facilitated on the Locale Platform; "Stalk," or harass or intimidate any other Member or user of the Locale Platform; or collect, harvest or publish any personally identifiable data including but not limited to names or other account information, Apartment Suites or other information on building owners, managers, residents or other persons, or use the communication systems provided by the Locale Platform for any reason not explicitly authorized by these Terms; Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful content to or through the Locale Platform;   Violate any Locale policies that govern or relate to your use of the Locale Platform and interactions with You and third parties, including your agreement not to discriminate against any person relating to any transaction on, or through or created with the assistance of, the Locale Platform on any protectable basis, including but not limited to race, gender, ethnicity, national origin, gender identity, sexual preference or orientation, religion or age; Fail to perform transactions agreed to on the Locale Platform, unless caused by circumstances beyond your reasonable control such as acts of god (such as, fires, explosions, earthquakes, drought, tidal waves and floods), acts of war, rebellion or insurrection (whether declared or not and including terrorist acts), contamination by radioactivity, toxic explosive or other hazardous properties, or riot, commotion, strikes, go slows, lock outs or disorder); Engage in fraudulent conduct; Registering for more than one (1) Locale Account or registering for a Locale Account on behalf of an individual other than Yourself. Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Locale Platform; and Attempt to indirectly undertake any of the foregoing. You also agree not to misuse our Platform, including any attempt to circumvent or attempt to circumvent, listing, booking or payments-related sections.

INTELLECTUAL PROPERTY

All information and material on our Platform, other than user generated content, if any, is either owned by Locale or is licensed by the respective owners.  You are not allowed to use these materials except as we permit you to do so in writing. The trademarks and service marks Locale and the associated logo and graphics are owned by Locale protected by copyright, trademark and other laws of the United States, foreign countries and international conventions.  Any other marks are the property of their respective owners. You agree that you recognize our rights and the rights of third parties in their respective marks and that you may not copy, use or other exploit them except as permitted in writing. We retain ownership of all of our intellectual property rights and you have no rights to our intellectual property or rights in intellectual property.

Subject to your continued compliance with these Terms, and in our sole discretion, Locale grants you a limited, non-exclusive, revocable, royalty-fee, fully paid up, non-transferable, and non-sublicensable license to reproduce and display content from the Locale Platform (excluding any software source code) only in connection with your access to and participation in the Locale Platform for your personal and non-commercial use.  You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, sell, perform or display content, except as expressly permitted in the Terms. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Locale or its licensors.

WARRANTY DISCLAIMERS

We hope you enjoy using the Locale Platform and find it invaluable when it is available.  There are certain things that we do not and cannot promise.

YOUR USE OF THE LOCALE PLATFORM SHALL BE AT YOUR SOLE RISK.  YOU ACKNOWLEDGE AND AGREE THAT LOCALE DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON TO (A) MONITOR OR REVIEW OR EDIT USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER OR OTHER PERSON BOUND BY THESE TERMS.

THE LOCALE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, LOCALE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LOCALE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE Locale PLATFORM WILL MEET YOUR REQUIREMENTS; (ii) THE LOCALE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Locale PLATFORM WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FACILITATED THROUGH THE Locale PLATFORM WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE, APPLICATIONS OR CODE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LOCALE PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE Locale PLATFORM AND WITH THIRD PARTIES WITH WHOM YOU INTERACT WITH OR COMMUNICATE WITH AS A RESULT OF YOUR USE OR ACCESS OF THE LOCALE PLATFORM.  YOU UNDERSTAND THAT Locale DOES NOT UNDERTAKE TO VERIFY THE ACCURACY OF OR STATEMENTS OF MEMBERS OR THIRD PARTY USERS OF THE Locale PLATFORM OR TO VERIFY ANY ITEMS THAT MAY BE THE SUBJECT OF SALE, PURCHASE OR DELIVERY FACILITATED BY THE LOCALE PLATFORM.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ACTING UPON THE ADVICE OR DIRECTION OF LOCALE OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSORS, NONE OF WHOM ADVISE OR DIRECT YOU OR YOUR COMMUNICATIONS OR YOUR TRANSACTIONS OR INTERACTIONS WITH THIRD PARTIES.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Locale OR THROUGH OR FROM THE LOCALE PLATFORM, SOFTWARE OR CODE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY WHERE PERMITTED, AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE LOCALE PLATFORM, TO THE OFFERING, SALE, PURCHASE OR DELIVERY OF ANY ITEM, GOOD, PRODUCT, SERVICE OR TANGIBLE OR INTANGIBLE THING FACILITATED VIA THE Locale PLATFORM REMAINS WITH YOU AND NEITHER LOCALE NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, PARTNERS, AGENTS, AND LICENSORS WILL BE RESPONSIBLE FOR LOST PROFITS, REVENUES OR DATA OR FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBILITY OR EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION, CLAIM FOR RELIEF OR ALLEGED THEORY OF RECOVERY WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

TO THE MAXIMUM EXTENT OF THE LAW, THE TOTAL LIABILITY OF LOCALE, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, PARTNERS AND AUTHORIZED AGENTS FOR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP BETWEEN US, INCLUDING ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR THE ACCESS OR USE OF THE LOCALE PLATFORM IN THE SIX MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM OR IF NO SUM WAS CHARGED, THEN THE SUM OF FIFTY DOLLARS ($50).

EXCLUSIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS CONTAINED IN THE WARRANTIES OR LIMITATIONS OF LIABILITY PARAGRAPHS IMMEDIATELY ABOVE MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to release, defend, indemnify, and hold Locale and its parents, subsidiaries, affiliates, and their respective officers, directors, investors, employees and agents, harmless from and against any claims, liabilities, damages, losses, injuries, and expenses, including without limitation reasonable legal and professional fees, arising out of or in any way connected with (a) Your access to or use of the Locale Platform or your violation of these Terms; (b) Your User Content; (c) Your interaction with any other Third Party (including but not limited to any injuries, losses, damages (direct, indirect, consequential or otherwise) of any kind arising out of or relating to such transactions.

You waive your rights under any statute, at common law, at civil law or in equity similar in principle to Texas Civil Code that relates to or governs your right to waive unknown claims in your jurisdiction.

COPYRIGHT  

We respect, and expect users of the Locale Platform to respect, copyright law and other intellectual property rights.  Where warranted, we will terminate the account of any user who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders.  If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Locale Platform by completing the following DMCA Notice of Alleged Infringement, and delivering it to Locale's Designated Copyright Agent.  Upon receipt of the Notice as described below, Locale will take whatever action, in its sole discretion, it deems warranted and appropriate, including removal of the challenged material from the Site and Application.

DMCA Notice of Alleged Infringement ("Notice")

Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you will provide a comprehensive list of the copyrighted works that you claim have been infringed. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Locale Platform where such material may be found. Provide your mailing address, telephone number, and, if available, email address. Include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed." Provide your full legal name and your electronic or physical signature.

THIRD PARTY SITES

The Locale Platform may contain links or connections to third party websites or services that we do not control.  You accept the risk of accessing such sites and agree that we are not responsible for any associated risks. We are not responsible for and assume no risk associated with any third party sites or content.

GENERAL TERMS

Entire Agreement. These Terms constitute the entire agreement between you and Locale and governs your use of the Locale Platform, superseding any prior version of these Terms between you and Locale with respect to the Locale Platform.  Additional Terms. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Locale rendered services. Choice of Law and Forum. You and Locale each agree that the Terms and the relationship between you and Locale shall be exclusively governed by the substantive laws of the State of Texas without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms, or the relationship between you and Locale, shall be brought exclusively in the courts located in Travis County Texas. You and Locale agree to submit to the personal jurisdiction of the courts located within Travis County, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts, to venue in such courts and waive all claims of inconvenient forum. Waiver and Severability of Terms. The failure of Locale to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Severability.  If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your Locale Account is non-transferable and any rights to your Locale Account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Locale Platform or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Section Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect. Locale Assignment. Locale may freely assign the Terms and all of the policies and other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them), in whole or in part and without notice.

CONTACTING LOCALE

If you have any questions, comments, or concerns regarding these terms or the Locale Platform, please contact us at hello@staywithlocale.com, 2400 E Cesar Chavez Ste 208, Austin, TX 78702