This website is operated by Lodge Plus. Throughout the site, the terms “we”, “us” and “our” refer to Lodge Plus. We develop and host custom websites for our customers (the “Users”), where they supply self-owned content for population. We also provide Users with access to website development tools to create and manage their website by providing general and personalized content, website hosting services, communication tools, and membership management tools and services (the “Service” or collectively the “Services”) through the website and associated domains of www.lodgeplus.com (the “Site”). Use of the Lodge Plus Site and Services, including all information, tools and services available from this site to you, the user, is conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/ or purchasing Services from us you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the Site.
By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services.
Any new features or tools which are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
1 – OUR PROPERTY
All material and services available on the Site, and all material and services provided by or through Lodge Plus, its affiliates, subsidiaries, employees, and agents including, but not limited to, software, all placeholder and informative text, instructional videos, domain names, website themes, design of and “look and feel,” layout, photographs, graphics, audio, video, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by Lodge Plus. All Lodge Plus trademarks and service marks, logos, slogans and taglines are the property of Lodge Plus.
2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, download, copy, sell, resell or exploit any portion of the Site, use of the Service, or access to the Service or any contact on the website through which the Services are provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature when using the Site or Services.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4 – PRICING STRUCTURE
(a) The Lodge Plus contract agreement is month to month. All pricing is published at www.lodgeplus.com and visible prior to sign-up with Lodge Plus.
(b) At the end of the contract term, your contract will automatically renew for an additional contract term until explicitly cancelled by you. Cancellation must be initiated via the Customer Dashboard at www.lodgeplus.com, or via Lodge Plus’s online contact form, or telephone contact. Any cancellation initiated via the Customer Dashboard must be done at least one (1) day prior to the end of the contract term. Any cancellation not initiated via the Customer Dashboard must be done three (3) days prior to the end of the contract term to allow for adequate processing time.
(c) Only Services and features clearly indicated as “free” or “no charge” are free or without charge. All applications, features, functionality and support provided by Lodge Plus and its partners may be provided for a fee, in which said fees will be described for each service on the Site (“Fees”) and you are liable for such Fees.
(d) All coupon and discount codes for the Service are valid through the specified expiration date associated with each coupon. Lodge Plus reserves the right to cancel any discount code or promotional offer at any time.
(e) If you purchase any Services that we offer for a Fee, you agree to Lodge Plus, or our third party service providers, storing your payment card information. You expressly agree that we are authorized to charge you (i) a monthly Fee for any applicable Services billed on a monthly basis, (ii) any other Fees for Services you may purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you agree to remain responsible for any uncollected Fees.
(f) Prices for our services are subject to change without notice.
(g) We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
(h) We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
5 – SERVICES
Users will select a username at sign-up with Lodge Plus (“Username”) to the extent, and only to the extent, necessary to access and use the Services in accordance with the terms of this Agreement. Any use of the Materials for any purpose other than as specifically permitted herein or without our prior consent, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.
You agree (a) not to provide Usernames to anyone who is not your employee, and (b) to ensure all individuals permitted to use the Usernames are aware of and have agreed in writing to comply with the terms of this Agreement.
As part of the Services, we may provide you a sample website (“Sample Website”) which may be populated with sample content provided by us to illustrate how your final site might look (“Sample Content”). You agree that you will not copy, download, duplicate, or backup this Sample Website or Sample Content publicly available and that you will remove all Sample Content from your site before permitting any third party users to access or view your site.
As part of the Services, we may provide you a live website (“Client Website”) which consists of a Lodge Plus owned theme, with your content. You agree not to reproduce, duplicate, download, copy, sell, resell or exploit any portion of the Client Website without express written permission by us.
We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of Service plans that we offer. All descriptions of Services or Services pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Service at any time.
We do not warrant that the quality of any of our Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to backup and archive your Content regularly and frequently.
Some of our Services may require you to give us access to or require you to provide login information and password information for accounts or services you may have with third party providers. When you provide this information to us or give us access to these third party accounts you agree that you have read all contracts and written agreements governing such access, login information and passwords and that you have all the necessary contractual and legal rights to give us such access, login information and passwords.
6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For help with updating your account please contact us using the “Support Request” form in the Customer Dashboard at www.lodgeplus.com.
7 – THIRD-PARTY TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example Site feedback) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘Comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
10 – PERSONAL INFORMATION
11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, service times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
You are solely responsible for the accuracy and appropriateness of all data and content within your website; including service listings, service pricing, product pricing, shipping charges, hours of operation, contact information, email communications, and electronic payment processing. Lodge Plus will not be held responsible for inaccurate information and any potential damages caused by such inaccuracies. You further understand that Lodge Plus may not maintain copies of files or documents that are sent by you and that you are solely responsible for backing up this data.
12 – GENERAL RULES
(a) You will ensure the email address provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date.
(b) You will not use the Services or Materials to impersonate another lodge or person.
(c) You may not upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any Lodge Plus user to access the Services.
(d) You may not upload digital files larger than 100MB. We encourage Users to upload videos to YouTube, or Vimeo video hosting accounts before linking video on your Lodge Plus site.
(e) You may not add more than 100 navigation pages to your Site. If your Site requires more than 100 pages please contact us.
(f) You will not share your Username password, let anyone else access your account, or do anything that might jeopardize the security of your account. You will not attempt to or actually access the Services or Materials by any means other than through the interfaces provided by Lodge Plus.
(g) You will not attempt to override any security measures included in or underlying the Materials or Services.
(h) You will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Lodge Plus’s infrastructure.
(i) If Lodge Plus reasonably determines that your account is being used for illegal or fraudulent activity then your account may be immediately terminated and your financial data erased. We may also report you to law enforcement officials in the appropriate jurisdictions.
13 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Site or Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Site or Services will be accurate or reliable.
You agree that from time to time we may remove the Site or Services for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Site or Services is at your sole risk. The Services delivered to you through the Site are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Lodge Plus, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the Site or Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or Services or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Lodge Plus and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
16 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
17 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by following the cancellation procedures set forth in Section 4(b).
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Notice of termination of Services by Lodge Plus may be sent to the contact e-mail associated with your account. Upon termination, Lodge Plus has the right to delete all data, files, or other information that is stored in your account.
18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Site and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
19 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ventura County, California, United States.
20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Site or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org or by mail at:
Re: Terms of Service
P.O. Box 777
Ventura, CA 93002