Terms & Conditions 

Terms & Conditions

Last updated on 28 March 2019

These terms and conditions (“Agreement”) apply to all persons and/or entities who have created a user account (“User” or “you” or “your”) on the website www.smarterlodge.com (“Website”) as operated by Globo Dreams LLC (“Company” or “we” or “us” or “our” or “promoters”). By creating a user account, advertising on our site or by opting to access and use the website, whether directly or indirectly, you agree to the following terms and conditions and that these prevail over any other terms and conditions. These terms and conditions should be read in conjunction with our Privacy Policy which can be found on the website. Any content posted or submitted by you to the website is subject at all times to the Acceptable Use Policy and these terms and conditions.

1. Recitals

1.1 Globo Dreams LLC (Defined previously as “company”, “we”, “us”, “our”, “promoters”) used herein shall be construed as a collective reference to the Company and its affiliated subsidiaries unless otherwise specifically mentioned.
1.2 Any person utilizing or accessing the portals of the company for availing messaging services, renting services and e-commerce and allied services (“Services”) shall be bound by these Terms and Conditions, and all other rules, regulations and terms of use referred to herein or provided by the company in relation to any Services.
1.3 Certain Services being provided may be subject to additional rules and regulations set down in that respect. To the extent that these Terms and Conditions are inconsistent with the additional conditions set down, the additional conditions shall prevail. The discretion of putting up additional conditions for particular services is vested solely with the Promoters.

2. Scope of Usage

2.1 The Website is a platform where Guests (“Guest”) can view advertising of, and obtain information about, vacation properties offered for rent (“Accommodations”) by others, including property owners, lessees and managers, (each, an “Host” and collectively with a Guest, the “users”). We may also offer online booking or other tools or services to allow users to communicate with each other and to enter into booking agreements or other transactions.
2.2 The Website provides and facilitates a marketplace for Hosts and Guests to meet, arrange for and book Accommodations and to enter into rental agreements or other transactions directly with each other.
2.3 The Company is not an owner or operator of Accommodations, hotels, motels, home-stays, lodgings or accommodation of any kind. The Company does not sell, resell, furnish, provide, rent, license, manage or control Accommodations, hotels, motels, home-stays, lodgings or accommodation of any kind. The Company is also not an agent in any capacity for providers or users of Accommodations, hotels, motels, home-stays, lodgings or any other accommodation of any kind. The user is not authorized to

(i) resell, sublicense, transfer, assign, or distribute the site, its services or content;

(ii) modify or make derivative works based on the site, its services or content; or

(iii) “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device, unless expressly authorized to do so.

2.4 While the Company may help facilitate the resolution of disputes, The Company has no control over and does not guarantee

(i) the existence, quality, safety, suitability, or legality of any Listings or Host
Services,

(ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or

(iii) the performance or conduct of any Member or third party. The User should always exercise due diligence and care when deciding whether to stay in an Accommodation, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person.

2.5 No agency, partnership, joint venture, or employment is created as a result of the Terms of Use, Terms and Conditions or your use of any part of the Website, including without limitation, Agreement for Service. The User shall not have any authority whatsoever to bind the Company in any respect. All Sellers shall be held as independent contractors. Neither The Company nor any users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
2.6 All rights not expressly granted in this Agreement are reserved by us and the derogation of which shall be treated as a breach of this Agreement.

3. Legal Undertaking

3.1 By accessing our services on the Website, the users will be deemed to have legal capacity under Clause 2.1 of these Terms.
3.2 The Services being offered by us are governed by the English Law and any matters relating to the Services shall be resolved under the American Law and the Courts of Texas shall have exclusive jurisdiction over the same.
3.3 If any user partakes or subscribes to the Services being offered by our website or affiliates, he/she undertakes the responsibility of ensuring that he is not in breach of any national, state or municipal laws of the country that he/she is domiciled in. The Promoters waive off any liability against any user accessing our Services illegally.
3.4 It is deemed the responsibility of the users to check with their state and municipal authorities to ensure that they are within the confines of the legality of the place they are residing in.

4. Compensation

4.1 It shall be brought to the notice of the Users that accessing the website may be free, but the Company reserves the right at its sole discretion to charge fees to the Sellers for services that are provided by them on the marketplace.
4.2 The Company shall charge the Sellers fees if they wish for a sponsored listing which would enable the seller to feature first on the search list of the buyer.
4.3 The Company shall require Sponsored Sellers to make the payments irrespective of whether their services eventually engage in a transaction or exchange of consideration for the service. The payment shall be made as per the rate card displayed on the website and shall be paid through online.
4.4 The User understands that the Company is acting solely as an intermediary for the collection of rents and fees between a Seller and a Buyer who choose to enter into an Agreement for Service. Since state and local tax laws vary significantly by locality, the User understands and agrees that he/she is solely responsible for determining their own tax reporting requirements in consultation with tax advisors and that the Company cannot and do not offer tax advice to either hosts or guests. Further, the User acknowledges that The Company shall not be responsible or liable in any manner in relation to the tax liability of a Seller or a Buyer.

5. Warehousing

5.1 The Company explicitly denies any responsibility, unless expressly agreed to by a separate agreement, for warehousing and providing a storage facility for any products or service-allied items to be sold by the seller to any buyer under this Agreement.

6. Refund Policy

6.1 All commissions payable to The Company by the Seller for registration in lieu of the option of exchange of services for consideration are final and non-refundable.

7. Legal Immunity in Service Contracts

7.1 Each Registered User hereby acknowledges and agrees that The Company is NOT a party to any oral or written Agreement for Service or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Website.
7.2 Each Registered User acknowledges, agrees and understands that The Company only seeks to provide a platform wherein the Service User and Service Professional can be brought together and The Company itself has not a role in the execution or provision of Services.

8. Agency Relationships

8.1 No agency, partnership, joint venture, or employment is created as a result of the Terms of Use, Terms and Conditions or your use of any part of the Website, including without limitation, Agreement for Service. The User shall not have any authority whatsoever to bind The Company in any respect.
8.2 All Sellers shall be held as independent contractors. Neither The Company nor any users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.

9. Waiver of Liability

9.1 Notwithstanding the foregoing, the user agrees that since The Company only seeks to provide a platform wherein the service user and service professional can be brought together and The Company itself has not a role in the execution or provision of services itself, The Company shall not be responsible or liable for any loss or damage of any sort whatsoever incurred as the result of any such transaction or dealings. If there is a dispute between participants on the website, or between registered users or any website user and any third party, the user acknowledges and agrees that The Company is under no obligation to become involved. In the event that a dispute arises between the user and one or more website users, registered users or any third party, you hereby release The Company, its officers, managers, members, directors, employees, attorneys, agents, and successors in rights from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the website or any service provided thereunder.

10. Dispute Resolution

10.1 If a dispute arises between the User and the Company, the goal is to provide the user with a neutral and cost effective means of resolving the dispute quickly. Accordingly, the User and the Company hereby agree that they shall resolve any claim or controversy at law and equity that arises out of this Agreement or the Website in accordance with this Agreement. Before resorting to the filing of a formal lawsuit, it is strongly encouraged that the user first contacts the Company directly to seek a resolution via e-mail at [email protected] The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
10.2 Except as expressly provided to the contrary in this Agreement, each section, paragraph, term, and provision of this Agreement is severable, and if, for any reason, any part is held to be invalid or contrary to, or in conflict with any applicable present or future law or regulation in a final, unappealable ruling issued by any court, agency, or tribunal with competent jurisdiction, that ruling will not impair the operation of, or otherwise affect, any other portions of this Agreement, which will continue to have full force and effect and bind the parties.
10.3 If any covenant which restricts competitive activity is deemed unenforceable by virtue of its scope in terms of area, business activity prohibited, and/or length of time, but would be enforceable if modified, you and we agree that the covenant will be enforced to the fullest extent permissible under the laws and public policies applied in the jurisdiction whose law determines the covenant’s validity.
10.4 You agree to be bound by any promise or covenant imposing the maximum duty the law permits which is subsumed within any provision of this Agreement, as though it were separately articulated in and made a part of this Agreement.
10.5 We and you may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon delivery of written notice to the other or another effective date stated in the notice of waiver. Any waiver granted will be without prejudice to any other rights we or you have, will be subject to continuing review, and may be revoked at any time and for any reason effective upon delivery of ten (10) days’ prior written notice.
10.6 We and you will not waive or impair any right, power, or option this Agreement reserves (including, without limitation, our right to demand exact compliance with every term, condition, and covenant or to declare any breach to be a default and to terminate this Agreement before its term expires) because of any custom or practice at variance with this Agreement’s terms; our or your failure, refusal, or neglect to exercise any right under this Agreement or to insist upon the other’s compliance with this Agreement, including, without limitation; our waiver of or failure to exercise any right, power, or option, whether of the same, similar, or different nature. No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction. We are authorized to remove any legend or endorsement, which then will have no effect.
10.7 If we incur costs and expenses due to your failure to pay when due amounts owed to us, to submit when due any reports, information, or supporting records, or otherwise to comply with this Agreement, you agree to reimburse us for all of the costs and expenses that we incur, including, without limitation, reasonable accounting, attorneys’ and related fees. However, in the event of litigation, the prevailing party shall be entitled to recover, at all trial and appellate levels, its costs, and expenses, including reasonable attorney’s fees.
10.8 Our and your rights under this Agreement are cumulative, and our or your exercise or enforcement of any right or remedy under this Agreement will not preclude our or your exercise or enforcement of any other right or remedy which we or you are entitled by law to enforce.
10.9 Before you and we may bring an action in court against the other, you and we must first meet to mediate the dispute (except as otherwise provided below). Any such mediation shall be non-binding and shall be conducted by the Italian Mediation Centre. Notwithstanding the previous sentence, the parties may mutually agree on a mediator and/or procedures and/or venue for mediation. Notwithstanding anything to the contrary, this shall not bar you or us from obtaining judicial or injunctive relief for claims that are based solely on demands for money owed, or from obtaining injunctive relief against threatened conduct that will cause it loss or damages, under the usual equity
rules, including the applicable rules for obtaining restraining orders and preliminary injunctions, without having to engage in mediation; including, without limitation, claims involving the Marks.
10.10 The non-binding mediation provided for under this Agreement shall be commenced by the party requesting mediation (the “complainant”) providing written notice of the request for mediation (the “request”) to the party with whom mediation is sought (the “respondent”). The request shall specify with reasonable particularity the matter or matters on which non-binding mediation is sought. A copy of the request shall be given by the complainant simultaneously to us if we are not a complainant or respondent.
10.11 Non-binding mediation commenced under this Section shall be concluded within sixty (60) days of the issuance of the request or such longer period as may be agreed upon by the parties in writing. All aspects of the mediation process shall be treated as confidential, shall not be disclosed to others, and shall not be offered or admissible in any other proceeding or legal action whatever. Complainant and respondent shall each bear its own costs of mediation, and each shall bear one-half the cost of the mediator or mediation service.
10.12 You and your owners agree not to bring any claim asserting that any of the marks are generic or otherwise invalid. Except with regard to your obligation to pay us and our affiliate(s) service fee payments, cooperative contributions, and other payments due from you pursuant to this agreement or otherwise, any claims between the parties must be commenced within eighteen (18) months from the date on which the party asserting the claim knew or should have known of the facts giving rise to the claim, or such claim shall be barred. The parties understand that such time limit might be shorter than otherwise allowed by law. You and your owners agree that your and their sole recourse for claims arising between the parties shall be against us or our successors and assigns. You and your owners agree that our members, managers, directors, officers, employees, agents, and affiliate(s) shall not be personally liable nor named as a party in any action between us or our affiliate(s) and you or your owners. We, you and your owners further agree that, in connection with any such proceeding, each must submit or file any claim which would constitute a compulsory counterclaim (as defined by rule 13 of the federal rules of civil procedure) within the same proceeding as the claim to which it relates. Any such claim which is not submitted or filed as described above will be forever barred. The parties agree that any proceeding will be conducted on an individual, not a class-wide, basis, and
that a proceeding between us and you or your owners may not be consolidated with another proceeding between us and any other person or entity, nor may any claims of another party or parties be joined with any claims asserted in any action or proceeding between us and you. No previous course of dealing shall be admissible to explain, modify, or contradict the terms of this agreement. No implied covenant of good faith and fair dealing shall be used to alter the express terms of this agreement.
10.13 If applicable law implies a covenant of good faith and fair dealing in this Agreement, we and you agree that such covenant shall not imply any rights or obligations that are inconsistent with a fair construction of the terms of this Agreement and that this Agreement grants us the right to make decisions, take actions and/or refrain from taking actions not inconsistent with your rights and obligations hereunder.
10.14 You and your owners agree that all actions arising under this Agreement or otherwise as a result of the relationship between you and us must be commenced in a state or federal court of competent jurisdiction within such state or judicial district in which we have our principal place of business at the time the action is commenced, and you (and each owner) irrevocably submit to the jurisdiction of those courts and waive any objection you (or the owner) might have to either the jurisdiction of or venue in those courts
10.15 Except for your obligation to indemnify us for third-party claims, and except for punitive damages available to either party under federal law, we and you waive to the fullest extent permitted by law any right to or claim for any punitive or exemplary damages against the other and agree that,
in the event of a dispute between us and you, the party making a claim will be limited to equitable relief and to the recovery of any actual damages it sustains. We and you irrevocably waive trial by jury in any action, proceeding, or counterclaim, whether at law or in equity, brought by either of us.

11. Governing Law

11.1 This Agreement, and all claims arising from the relationship between us and you will be governed by the laws of the law of Italy, without regard to its conflict of laws rules, except that any Italian law may not apply unless its jurisdictional requirements are met independently without reference to this paragraph.

12. Limitation of Liability

12.1 In no event shall the Company, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or another economic advantage) whatsoever resulting from any

(i) access to or use of the website or any services offered by any service professionals via the website, including services provided pursuant to an agreement
formed independently of the website, whether or not an agreement for service formed via the website is in effect;

(ii) errors, mistakes, or inaccuracies of data, marks, content, information,
materials or substance of the website or submitted content;

(iii) any unauthorized access to or use of
our secure servers and/or any and all personal information and/or financial information stored therein;

(iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party;

(v) any interruption or cessation of transmission to or from the website;
(vi) any errors or omissions in any data, content, information, materials or substance of the website or submitted content;

(vii) any failed negotiations for service, any disputes that arise during or after
the negotiation of a service or the formation of a contract for a service, or any other dispute that arises between users of the website;

(viii) any defamatory, offensive, or illegal conduct of any third
party or service user or service professional; or

(ix) any use of any data, marks, content, information,
materials or substance of the website or submitted content posted, emailed, transmitted, or otherwise made available on or through the website, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not The Company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

12.2 In no event shall the total, the aggregate liability of The Company, or any of the above-referenced respective parties, arising from or relating to the website, and/or submitted content exceed the total amount of fees actually paid to The Company by the User hereunder.
12.3 The User hereby acknowledges and agrees that The Company shall not be liable for submitted content or the defamatory, offensive, or illegal conduct of any third party or service user or service provider and that the risk of harm or damage from the foregoing rests entirely with you. The User further acknowledges and agrees that the Company shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from or relating to any contract between website users entered into independently of the website.
12.4 The website may contain links to third-party websites that are not owned or controlled by The Company. The Company does not have any control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, The Company will not and cannot censor or edit the content of any third-party site. By using the website, the User expressly relieves The Company from any and all liability arising from your use of any third party website.

13. No Third-party Beneficiaries

13.1 The User agrees that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.

14. Notice

14.1 The User agrees that the Company may provide the user with notices, including those regarding changes to this Agreement, by email, regular mail, or postings on the Website.

15. Intellectual Property

15.1 Any personal data that you supply to the Promoter or authorize the Promoter to obtain from a third party shall be used by the Promoter to administer the Services.
15.2 In order to process, use, record and disclose your personal data the Promoter may need to transfer such information outside the territory of India, in which event the Promoter is responsible for ensuring that your personal data continues to be adequately protected during the course of such transfer.

16. Warranties by the Users

16.1 The Users agree to abide by these Terms and Conditions and all other rules, regulations, and terms of use of the Website. In the event, User does not abide by these Terms and Conditions and all other rules, regulations, and terms of use, The Company may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:

a) restricting, suspending, or terminating any User’s access to all or any part of The Company Services;
b) deactivating or deleting a User’s account and all related information and files on the account. Any amount remaining unused in the User’s account on the date of deactivation or deletion shall be transferred to the User’s bank account on record with the Company subject to a processing fee (if any) applicable on such transfers as set out herein.

16.2 Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by The Company). Users further agree to update and keep updated their registration information.
16.3 A User shall not register or operate more than one User account with The Company.
16.4 Users agree to ensure that they can receive all communication from The Company by marking e-mails from The Company as part of their safe sender’s list. The Company shall not be held liable if any e-mail remains unread by a User as a result of such e-mail getting delivered to the User’s junk or spam folder.
16.5 Any password issued by The Company to a User may not be revealed to anyone else. Users may not use anyone else’s password. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify The Company of any unauthorized use of their passwords or accounts or any other breach of security.
16.6 Users agree to exit/log-out of their accounts at the end of each session. The Company shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
16.7 Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorized third-party software designed to modify or interfere with The Company Services and/or The Company experience or assist in such activity.
16.8 Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying The Company or The Company Services.
16.9 Users agree that without The Company’s express written consent, they shall not modify or cause to be modified any files or software that are part of The Company’s Services.

16.10 Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of

(a) any computer or server used to offer or support The Company or the Company Services (each a “Server”); or

(b) the enjoyment of The Company Services by any other User or person.

16.11 Users agree not to institute, assist or become involved in any type of attack, including without limitation to the distribution of a virus, denial of service, or other attempts to disrupt The Company Services or any other person's use or enjoyment of The Company Services.
16.12 Users shall not attempt to gain unauthorized access to the User accounts, Servers or networks connected to The Company Services by any means other than the User interface provided by The Company, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of The Company Services.
16.13 Without limiting the foregoing, Users agree not to use The Company for any of the following:

(a) To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
(b) To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
(c) To publish, post, upload, e-mail, distribute, or disseminate (collectively,  Transmit) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
(d) To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, The Company, any software, hardware, or telecommunications equipment;
(e) To advertise, offer or sell any goods or services for any commercial purpose on The Company without the express written consent of The Company;
(f) To Transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
(g) To advertise, offer or sell any goods or services for any commercial purpose on The Company without the express written consent of The Company;
(h) To Transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
(i) To download any file, decompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;
(j) To falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or the source of software or other material;
(k) To restrict or inhibit any other user from using and enjoying any public area within our sites;
(l) To collect or store personal information about other Users;
(m) To interfere with or disrupt The Company, servers, or networks;
(n) To impersonate any person or entity, including, but not limited to, a representative of The Company, or falsely state or otherwise misrepresent User’s affiliation with a person or entity;

(o) To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through The Company or to manipulate User”s presence on The Company;
(p) To take any action that imposes an unreasonable or disproportionately large load on our infrastructure;

16.14 To engage in any illegal activities. You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the Forums) only to send and receive messages and material that are proper and related to that particular Forum.

17. Privacy Policy

17.1 All information collected from Users, such as registration and credit card information, is subject to the Company’s Privacy Policy available on the official website.

18. Termination of Agreement

18.1 The User hereby acknowledges and agrees that the Company, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate his/her Account, block his/her email or IP address, cancel the Website or otherwise terminate his/her access to or participation in the use of the Website (or any part thereof), or remove and discard any Submitted Content on the Website (“Termination of Service”), immediately and without notice, for any reason, including without limitation, Account inactivity or if The Company believes or has reason to believe that the user has violated any provision of the Terms of Use.
18.2 The user may cancel the use of the Website and/or terminate the Terms of Use with or without cause at any time.
18.3 Upon termination of your Account, the user’s right to participate in the Website, including, but not limited to, the right to offer or purchase Services and the right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate.
18.4 Unless The Company has previously canceled or terminated the use of the Website (in which case subsequent notice by The Company shall not be required), if the user provided a valid email address during registration, The Company will notify the user via email of any such termination or cancellation, which shall be effective immediately upon The Company’s delivery of such notice.
18.5 Upon Termination of Service, the following shall occur: all licenses granted to the user hereunder will immediately terminate, and the user shall promptly destroy all copies of information and other content belonging to the Company a in his/her possession or control. The user further acknowledges and agrees that The Company shall not be liable to the user or any third party for any termination of his/her access to the Website.
18.6 Upon Termination of Service, The Company retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses the user have granted The Company hereunder shall remain in effect for the foregoing purpose. In no event is The Company obligated to return any Submitted Content to the user.
18.7 The user agrees to indemnify and hold The Company, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.

19. Indemnification

19.1 You agree to indemnify, defend, and hold harmless us, our affiliate(s), and our and their respective members, directors, managers, officers, employees, agents, successors, and assigns (the “Indemnified Parties”) against, and to reimburse any one or more of the Indemnified Parties for, all claims, obligations, and damages directly or indirectly arising out of the Company’s Business’ operation, including all federal, state and local employment and labor laws and regulations, all data privacy laws, the business you conduct under this Agreement, or your breach of this Agreement, unless (and then  only to the extent that) the claims, obligations, or damages are determined to be caused solely by our gross negligence or willful misconduct in a final, unappealable ruling issued by a court with competent jurisdiction; provided, however, that this indemnification shall not apply to matters where we have been found liable in a court of competent jurisdiction for causing the costs or claims.
19.2 For purposes of this indemnification, “claims” include all obligations, damages
(actual, consequential, or otherwise), and costs that any Indemnified Party reasonably incurs in defending any claim against it, including, without limitation, reasonable accountants’, attorneys’, and expert witness fees, costs of investigation and proof of facts, court costs, travel and living expenses, and other expenses of litigation or alternative dispute resolution, regardless of whether litigation or alternative dispute resolution is commenced. Each Indemnified Party may defend any claim against it at your expense and agree to settlements or take any other remedial, corrective, or other actions. We have the right to designate attorneys that you must retain to defend any claims subject to this indemnification provision.
19.3 This indemnity will continue in full force and effect subsequent to and notwithstanding this Agreement’s expiration or termination. An Indemnified Party need not seek recovery from any insurer or another third party, or otherwise mitigate its losses and expenses, in order to maintain and recover fully a claim against you under this subparagraph. You agree that a failure to pursue recovery or mitigate a loss will not reduce or alter the amounts that an Indemnified Party may recover from you under this subparagraph.

20. The Company’s Warranties

20.1 The User agrees that the use of the website shall be at his/her own risk. To the fullest extent permitted by law, and The Company and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this website, the services offered on or through this website, any data, materials, submitted content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this website, including without limitation the materials, data and submitted content of other users of this site or other third parties.
20.2 Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this website, the services offered on or through this website, data, materials, submitted content, and any information or material contained or presented on this website is provided to the on an “as is”, as available and where is basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights.
20.3 The Company does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the website or submitted content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted tour through the website by any third party, any interruption or cessation of transmission to or from the website, any defamatory, offensive, or illegal conduct of any third party or service user or service provider, or any loss or damage of any kind incurred as a result of the use of any data, content,information, materials, substance of the website or submitted content posted, emailed, transmitted, or otherwise made available via the website.
20.4 The Company does not endorse, warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked site or featured in any banner or other advertisements. The Company will not be a party to or in any way be responsible for monitoring any transaction between you and any party, including third-party service professionals of products or services. As with the use of any product or service, and the publishing or posting of any material through any medium or in any environment, you should use your best judgment and exercise caution where appropriate

21. Modification and Amendments

21.1 The user shall promptly notify the Company if there are any changes, updates or modifications to their information. Further, the user may also review, update or modify your information and user preferences by logging onto their Profile page on the Website.
21.2 The Company reserves the right to modify this Agreement at any time in accordance with this provision. If the Company modifies this Agreement, it shall be adequately reflected at the beginning of the Agreement regarding the last date of update.
21.3 If the user is not amicable with the revised Agreement, he/she may cancel his/her Account. If the user does not cancel the Account before the date of enforcement of Agreement, it would constitute acceptance of the revised Agreement.

22. Force Majeure

22.1 Neither The Company nor you shall be liable to the other for any delay or failure in performance under this Agreement, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

23. General Terms

23.1 This Agreement and the Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by the Company on the Website, shall constitute the entire agreement between the User and the Company concerning the Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
23.2 No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
23.3 No joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or your use of the Website.
23.4 The Company’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.
23.5 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without the Company’s prior written consent. The Company may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

23.6 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
23.7 The User agrees that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
23.8 The section headings in this Agreement are for convenience only and have no legal or contractual effect.

24. Contact Information

24.1 Any questions or clarifications with respect to this Agreement or any complaints, comments, concerns or feedback can be sent to the Company at [email protected]

We at Smarter Lodge are renowned for managing a wide arena of properties located across the world. Our company holds expertise in managing different types of properties including villas for vacationing as well as hotels.

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Globo Dreams LLC 30 N Gould St Ste R, Sheridan WY 82801, USA

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