Terms of Use

These Terms of Use together with all documents referenced herein (the “Terms”) describe your rights and responsibilities as a user of the websites located at http://www.proudfamilystays.com and their international languages versions (the “Websites”), the online services available from the Websites, and all other software provided on or in connection with our services (collectively with the Websites, the “Services”). 

Please read the following terms and conditions closely before using our Services. By accessing, browsing and using the Services, whether or not you are a registered user of the Services, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use the Services.

The Services are owned and operated by Proud Family Stays, LLC, an Ohio limited liability company (“PFS” or the “Company”) or its licensors, as applicable. Some of the content found on the Websites is owned by our Users (defined below), some of the content on the Websites is owned by other third-party providers, and some of the content found on the Websites is owned by PFS.

The terms “we,” “us,” “our” and the “Company” refer collectively to PFS and our affiliates, and “you” and “your” refer collectively to you, the person accessing or using our Services. These Terms apply to all visitors, users and others who access our Services (“Users”). The Services do not allow Users to book a reservation and/or purchase goods through us directly, but rather indirectly by providing access to third-party hotel and other providers who may provide services and/or goods through our Services or are otherwise on our Website. We reserve the right to change these Terms as described below, and our curated third-party hotels reserve the right to change the terms, conditions and notices applicable to their services and/or goods, and you agree to accept and be bound by such terms, conditions, and notices that are in effect at the time of your use of our Services.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION

Your Warranties to Us

As a condition of your using the Services, including accessing the Websites, booking a reservation and/or purchasing goods through an affiliated third-party, or using any of the information, data, or images from the Websites, you warrant and represent to us that you will not use the Services or the information, images, or data contained on the Websites for any illegal purpose, or for any purpose that is prohibited by these Terms, and you agree not to modify, copy, distribute, transmit, publish, display, license, create derivative works from, or sell any portion of the Services, including any product, services, information or software obtained from these Websites, in any medium, including without limitation by any automated or non-automated “scraping.” You further warrant that you are at least 18 years old and possess the legal authority to enter into these Terms and to use these Websites in accordance with the terms and conditions of these Terms. You also warrant that all information supplied by you or members of your household while using the Websites is true and accurate. 

You may use our Services only if you can form a legally binding contract with us and only in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations. If you do not meet all of these requirements, you must not access or use the Services.

Member Accounts

In order to access and use certain aspects of the Services, we may require Users to create an account. Your account on our Services (your “Member Account”) would give you access to our Services that we may establish and maintain from time to time. We may maintain different types of Member Accounts for different types of Users. You acknowledge that you do not own your Member Account. By providing us with your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other marketing or advertising messages, such as changes to features of our Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by clicking the “unsubscribe” link within each marketing or advertising message. Opting out will not prevent you from receiving Service-related notices.

You may not use another User’s Member Account without such User’s permission. You are solely responsible for the activity that occurs on your Member Account, and you must keep your Member Account password(s) strong and secure. You should notify us immediately of any breach of security or unauthorized use of your Member Account. We will not be liable for any losses caused by any unauthorized use of your Member Account, or for any changes to your Member Account, including your ability to access your Member Account or Your Content (defined below), made by any individual with access to your Member Account.

Access to our Service

Subject to your compliance with these Terms, you may access and use our Services for your own internal business purposes or personal use, as applicable, as permitted by the features of the Services and in accordance with these Terms and associated documentation we provide you.

Terms of Service

PFS provides family travel resources, inclusive hotel listings, community recommendations, and information for LGBTQ+ families. The Services provide assistance to Users in exploring hotel and travel options that are hospitable to LGBTQ+ families. PFS is committed to maintaining a curated collection of hotels that it determines aligns with its values. This list is subject to change. PFS is not a travel agency or booking platform. Any reservations will be purchased directly from affiliated hotels rather than through PFS or the Website. PFS does not and cannot guarantee hotel performance, accuracy of hotel information, inclusive behavior of listed hotels, or availability; however we take care to review and vet all hotels before sharing them on the Website. If your experience does not align with out mission or our values, please let us know immediately at admin@proudfamilystays.com.

The Website contains links to third-party websites (including hotel websites). We are not responsible for the content, security, or privacy practices of those websites. If goods or services are purchased or reservations are made directly from affiliated hotels, the separate terms and conditions of such hotel will apply to your reservations or purchases of goods or services that you select. You understand that any violation of any such hotel’s conditions of purchase may result in cancellation of your reservations or purchases, in your being denied access to any hotels, and in your forfeiting any monies paid for such reservations or purchases. You will be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of the Services, and, without limitation, you will be responsible for all charges, fees, duties, taxes, and assessments arising out of transactions performed by others on your behalf, whether or not such uses were performed with your consent. You further agree that any claims that you may have arising out of such purchases will only be against such hotels and not the Company.

Company is not responsible for the provision of services from third-party providers of hotel services and does not guarantee the services made available to you by or from such third-party providers. The presentment of hotels through the Services does not constitute a binding contract offer by Company or the respective service provider. You shall be solely responsible for, and assume all risk arising from, the selection, use, and receipt of any hotel services. You shall be responsible for the accuracy of any information you submit to Company or a third-party provider in order to reserve such hotel services.

Submission of Websites Content

PFS may display on its Websites hotel and travel content through  customers and other Users of the Services, and content provided by participating hotels. Whether a User or hotel submits content, PFS reserves the right review, edit, publish, or remove any such content. You hereby warrant and affirm that any content posted on the Website is accurate and appropriate.

The Services may allow Users to submit, provide, display, post, upload, submit, or otherwise make available travel content (“User Content”). You understand that all journals, recommendations, opinions, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips and images, information, data, photographs, software, messages or other materials, including User Content and Your Content, as such term is hereinafter defined (collectively, “Websites Content”) appearing on the Websites or submitted to the Services is the responsibility of the person or entity originating such Websites Content, and PFS disclaims any liability with respect to such Websites Content (see Warranty And Liability Disclaimer below). 

WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT CREATED BY YOU. THE CONTENT YOU CREATE REMAINS YOURS. As between us and you, you (or your licensors) will own any and all information, data, and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly, from you (or on your behalf) by or through our Services, including hotel reviews, comments and opinions, news articles, directories, text, photographs, illustrations, graphics, logos, audio clips and images, information, data, photographs, software, messages or other materials (“Your Content”). However, you understand that certain portions of the Services may allow other Users to view, edit, share, and/or otherwise interact with Your Content. By providing or sharing Your Content through the Services, you agree to allow others to view, edit, share, and/or otherwise interact with Your Content in accordance with your settings and these Terms. 

By submitting Your Content, you warrant that: (a) you are the owner of Your Content, or have been granted all the rights necessary from the owner thereof to submit Your Content to the Services and for the use by PFS as stated herein, (b) to the best of your knowledge, all Your Content and other information that you provide to us is truthful and accurate, (c) you have the written consent of each and every identifiable natural person in Your Content, if any, to use such person’s name or likeness in the manner contemplated by our Services and these Terms, and each such person has released you from any liability that may arise in relation to such use; (d) you have obtained and are solely responsible for obtaining all consents as may be required by law to post any of Your Content relating to third parties; and (e) the use of Your Content by PFS will not infringe the intellectual property rights of or otherwise violate the rights of any third party, including but not limited to any privacy rights. By submitting Your Content to the Services, you hereby expressly grant to PFS, and warrant that you have all rights necessary to grant, a nonexclusive, worldwide, irrevocable, transferable, sublicensable (through multiple tiers), fully paid-up, royalty-free license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, transfer or sell any of Your Content, in whole or in part, for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you. You understand that PFS will have the right (but under no circumstances will PFS have any obligation) to screen, edit, refuse to post or remove any User Content, in whole or in part, from any portion of the Services, in its sole discretion, including, but not limited to, User Content that violates these Terms or is otherwise objectionable. PFS reserves the right to disclose any User Content as necessary to satisfy any applicable law, regulation, legal process or governmental request. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your use of the Services.

Websites Content may contain composite or compiled feedback about the third-party providers, including but not limited to, User comments, User ratings, indicators of User satisfaction, and other feedback left by other Users. You acknowledge, agree and understand that Websites Content does not constitute and will not be construed as an introduction to, or endorsement or recommendation of, any third-party by Company, and that Company provides Websites Content solely for the convenience of its Users. Company takes no responsibility and assumes no liability for any Websites Content that you or any other User or third-party posts, sends, or otherwise makes available over the Services. You shall be solely responsible for Your Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Services, and you agree that we are only acting as a passive conduit for your online distribution and publication of Websites Content, including Your Content. You understand and agree that you may be exposed to Websites Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Company shall not be liable for any damages you allege to incur as a result of or relating to any Websites Content. 

In connection with your use of the Services, you agree that you will not:

• Submit, post, upload or otherwise transmit any User Content that is unlawful, defamatory, libelous, abusive, tortuous, harassing, threatening, vulgar, obscene, pornographic, or otherwise indecent or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law;

• Submit, post, upload, or otherwise transmit any User Content that infringes or otherwise violates the rights of any third party, including without limitation privacy rights and proprietary rights;

• Create a risk of any other loss or damage to any person or property;

• Submit, post, upload or otherwise transmit any User Content that contains viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer;

• Submit, post, upload or otherwise transmit any User Content that is of consistently poor quality or that is deemed inappropriate as determined by the sole discretion of the PFS editors;

• Advertise or offer to sell any goods or services for any commercial purpose;

• Impersonate, or otherwise misrepresent your affiliation with, any other person or entity;

• Falsify or delete any attributions, legends or other proprietary designations of the origin or source of software or other Websites Content appearing on the Services or contained in a file that is uploaded; 

• Seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

• Stalk or harass another individual;

• Collect or store personal data about other Users;

• Attempt to interfere, compromise the system integrity or security or decipher any transmissions to or from the Services, or interfering with the Services; 

• Take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;

• Develop competing products or services, for benchmarking or competitive analysis of the Services, or otherwise to our detriment or disadvantage;

• Disassemble, reverse engineer, decode, or decompile any part of the Services;

• Use any content available on or via the Services for any machine learning and/or artificial intelligence training or development purposes;

• Access any content available on or via the Services through any technology or means other than those provided by the Services or authorized by us;

• Bypass the measures we may use to prevent or restrict access to the Services;

• Use the Services to transmit spam, chain letters, or other unsolicited email;

• Hide or attempt to hide your identity, or otherwise use the Service for any invasive or fraudulent purpose;

• Identify or refer to us or to the Services in a manner that could reasonably imply a relationship that involves endorsement, affiliation, or sponsorship between you (or a third party) and us without our prior express written consent;

• Submit, post, upload, or otherwise transmit any User Content that contains any information or content that is illegal or violates any applicable local, state, federal, or international law or regulation (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or

• Otherwise use the Services except as expressly directed in these Terms.

You further agree that you will not use any robot, spider, or other automated device, or a program, algorithm or methodology having similar processes or functionality, or any manual process to monitor or copy any of the Websites, or data or content from the Services.

PFS RESERVES THE RIGHT TO REMOVE ANY MEMBER ACCOUNT INCLUDING ALL ITS CONTENT, AND ANY CLIENT RELATED INFORMATION FOR ANY OF THE ABOVE OFFENSES OR FOR ANY OTHER REASON IN PFS’S SOLE DISCRETION.

Proprietary Rights of Company

Except for Your Content, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, and User Content belonging to other Users (the “Company Content”), and all intellectual property rights related thereto, are the exclusive property of Company and its licensors (including other Users who post User Content to the Services). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by these Terms is strictly prohibited.

In the event that you submit suggestions, comments, feedback or any other ideas about the Services, including without limitation about how to improve any aspect of the Services or our products, including the Websites (“Feedback”), you hereby assign to Company all right, title and interest in and to the Feedback, including all intellectual property rights therein, and acknowledge that Company shall own such Feedback. 

Travel Destinations

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. We urge you to review travel prohibitions, warnings, announcements and advisories issued by all relevant governmental authorities and agencies prior to booking travel to international destinations.

BY PRESENTING TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS ADVISABLE OR WITHOUT RISK, AND ARE NOT LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

Privacy and Security

We care about the privacy of our Users. You understand that by using the Services you acknowledge and understand that your personal information will be collected, used, and disclosed as set forth in our Privacy Notice. You also understand that your personal information will be collected, used, transferred to, and processed in the United States or any other country in which Company or its parent, subsidiaries, affiliates, or service providers maintain facilities.

We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Third-Party Services

OUR SERVICES MAY CONTAIN LINKS TO THIRD-PARTY SITES, MATERIALS AND SERVICES (“THIRD-PARTY SERVICES”) THAT ARE NOT OWNED OR CONTROLLED BY US, AND CERTAIN FUNCTIONALITY OF OUR SERVICES MAY REQUIRE YOUR USE OF THIRD-PARTY SERVICES. IF YOU USE A THIRD-PARTY SERVICE, YOU ARE SUBJECT TO AND AGREE TO THE THIRD PARTY’S TERMS AND CONDITIONS AND PRIVACY NOTICE MADE AVAILABLE ON OR AGREED IN CONNECTION WITH THEIR SERVICES. WE DO NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY SUCH THIRD-PARTY SERVICES. IF YOU ACCESS A THIRD-PARTY SERVICE FROM OUR SERVICES OR SHARE YOUR CONTENT ON OR THROUGH ANY THIRD-PARTY SERVICE, YOU DO SO AT YOUR OWN RISK, AND YOU UNDERSTAND THAT THESE TERMS AND OUR PRIVACY NOTICE DO NOT APPLY TO YOUR USE OF SUCH THIRD-PARTY SERVICES. YOU EXPRESSLY RELIEVE US FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY SERVICE. ADDITIONALLY, YOUR DEALINGS WITH OR PARTICIPATION IN PROMOTIONS OF ADVERTISERS FOUND ON OUR SERVICE, INCLUDING PAYMENT AND DELIVERY OF GOODS, AND ANY OTHER TERMS (SUCH AS WARRANTIES) ARE SOLELY BETWEEN YOU AND SUCH ADVERTISERS. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH SUCH ADVERTISERS.

Electronic Communications

You communicate with us electronically whenever you visit our Websites or send emails to us. You consent to receive communications from us electronically. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically or by fax satisfy any legal requirements that communications be in writing.

Warranty and Liability Disclaimer

THE SERVICES AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THESE WEBSITES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. PFS, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, MEMBERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS, AND/OR THEIR RESPECTIVE SUPPLIERS (COLLECTIVELY, THE “RELEASEES”) DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO, THE PRODUCT DESCRIPTIONS OR OTHER CONTENT OF THESE WEBSITES. IN PARTICULAR, WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO, THE HOTEL PHOTOGRAPHS, HOTEL PROPERTY DESCRIPTIONS, AND LISTS OF HOTEL PROPERTY AMENITIES DISPLAYED ON THESE WEBSITES, MOST OF WHICH IS PROVIDED TO US BY THE HOTEL PROPERTIES. HOTEL DESCRIPTIONS AND RECOMMENDATIONS DISPLAYED ON THESE WEBSITES ARE INTENDED ONLY AS GENERAL GUIDELINES, AND THE RELEASEES DO NOT GUARANTEE THE ACCURACY THEREOF. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THESE WEBSITES AT ANY TIME. ALTHOUGH THE WEBSITES CONTENT MAY BE UPDATED FROM TIME TO TIME, TRAVEL INFORMATION MAY CHANGE RAPIDLY. THEREFORE, SOME OF THE INFORMATION ON THE WEBSITES MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. THE RELEASEES DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS, ACCURACY OR RELIABILITY OF WEBSITES CONTENT MADE AVAILABLE TO YOU FOR ANY PURPOSE.

THE WEBSITES CONTAIN OPINIONS, RECOMMENDATIONS, STATEMENTS AND INFORMATION PROVIDED BY THIRD PARTIES. THE RELEASEES DO NOT REPRESENT, ENDORSE OR GUARANTEE, AND YOU AGREE NOT TO HOLD THE RELEASEES RESPONSIBLE FOR THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY OF SUCH WEBSITES CONTENT POSTED BY SUCH THIRD PARTIES, OR ENDORSE ANY OPINIONS OR RECOMMENDATIONS EXPRESSED BY SUCH THIRD PARTIES; ANY USER’S CONDUCT DURING THE SERVICES OR ANY OTHER USER-TO-USER INTERACTION; THE QUALIFICATIONS, BACKGROUND, OR IDENTITIES OF USERS; OR ANY USER CONTENT, FEEDBACK, AND/OR OTHER STATEMENTS OR POSTS OF USERS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITES AT YOUR OWN DISCRETION AND RISK AND ANY RELIANCE ON WEBSITES CONTENT POSTED BY THIRD PARTIES WILL BE AT YOUR OWN RISK. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA. CHANGES ARE PERIODICALLY MADE TO THE WEBSITES AND MAY BE MADE AT ANY TIME.

THE RELEASEES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE SERVICES FOR ANY PURPOSE, AND THE INCLUSION OF ANY PRODUCTS OR SERVICES ON THESE WEBSITES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE RELEASEES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE RELEASEES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

THE HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES AS LISTED ON THE WEBSITE ARE NOT AGENTS OR EMPLOYEES OF THE COMPANY OR ITS AFFILIATES. THE RELEASEES MAKE NO REPRESENTATIONS ABOUT, DO NOT GUARANTEE, ARE NOT LIABLE FOR, AND YOU AGREE NOT TO HOLD THE RELEASEES RESPONSIBLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM, ANY THIRD-PARTY PROVIDER’S FAILURE TO PROVIDE SERVICES OR ANY OTHER PROMISED SERVICES, OR THE ABILITY OF A THIRD PARTY PROVICER TO DELIVER SERVICES. THE RELEASEES HAVE NO LIABILITY IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, ACTS OF TERRORISM, SICKNESS OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY. YOU HEREBY IRREVOCABLY AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE WITH RESPECT TO THE FOREGOING.

Limitation of Liability

IN NO EVENT SHALL PFS, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF PFS, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IN NO EVENT SHALL PFS, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDIN ONE HUNDRED DOLLARS ($100).

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Indemnification

You agree to defend and indemnify PFS, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by: (a) you or on your behalf in excess of the liability described above; or (b) by third parties as a result of (i) your breach of these Terms or the documents referenced herein, (ii) your violation of any law or the rights of a third party, (iii) your interactions with other Users, (iv) Your Content or any other content that is submitted via your Member Account, including, without limitation, misleading, false, or inaccurate information; (v) your negligence, recklessness or willful misconduct or (vi) your use of the Services.

Governing Law

By using the Services, including accessing the Websites, submitting User Content, and booking a reservation through a third-party hotel, you agree that the internal laws of the State of Ohio, USA, without regard to the principles of conflicts of laws, will govern these Terms and any dispute of any kind that arises between you and the Company or its affiliates. 

General

Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms. We reserve the right to comply with law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by the Company and its affiliates with respect to your use of the Services. If any provision of these Terms is determined to be invalid or unenforceable pursuant to applicable law by any court of competent jurisdiction, the other provisions of these Terms will remain in full force and effect.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and PFS as a result of these Terms or Use of the Services.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty and liability disclaimers set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and these Terms shall continue in effect.

These Terms (and any other terms and conditions referenced herein, including the Privacy Notice) constitutes the entire agreement between you and the Company and its affiliates with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company and its affiliates with respect to the Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

PFS may assign its rights under these terms and conditions to any party without your consent. These terms and conditions shall inure to the benefit of PFS, its successors and assigns. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

Any rights not expressly granted herein are reserved.

Modification of These Terms and Conditions

We reserve the right to change the terms, conditions, and notices under which the Services are offered with or without notice. You agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of our Services and facilities.

Termination

We reserve the right, in our sole and absolute discretion to restrict, suspend, or terminate your use of and access to all or any part of our Services at any time and for any or no reason, with or without prior notice, and without liability.

Termination by You

You may discontinue your participation in and access to the Services and remove your User Content from the Websites at any time. These terms and conditions will continue to apply to all past use of the Services by you, even if you are no longer using them. In the event of Termination by you, you acknowledge that PFS may retain archived copies of your User Content.