Terms of Service
Overview
Please read these terms of service carefully before using this website (www.booktheloft.com) (the “Website”). These terms of service create a legal agreement between you and Mayberry Capital, LLC, an Illinois limited liability company (“Company”, “we”, “us”, “our”). The Company owns and operates this Website, including all information, tools, and services available to you from the Website. The Website is intended for use by individuals who are at least 18 years old. By accessing or using the Website, you represent and warrant that you are at least 18 years old and that you have the legal capacity to enter into these terms of service.
By using the Website, booking one of our rooms, or otherwise purchasing anything from us, you engage in our “Service” and are bound by the Terms of Service provided herein, including without limitation, additional terms, conditions, and policies referenced herein and/or available by hyperlink. By using our Service, you agree and accept these terms of service, including all terms, conditions, policies and notices. If you do not agree, please do not use the Website.
Any new features or tools added to the Website at any time shall be subject to the Terms of Service. The current version of the Terms of Service are available on this page. We may update, change, or replace all or any part of the Terms of Service by posting to the website without notice to you. You should check this page periodically for changes as your use of the Website shall be governed by the Terms of Service in affect at your time of use. We offer short-term rental properties available to visitors around the world. The content and information about the rental property offerings are deemed reliable but not warranted.
Use of the Website
You may use our Website only for lawful purposes and in accordance with these terms of service.
You agree not to use the Website:
In any way that violates any applicable federal, state, local or international law or regulation;
To engage in any fraudulent or deceptive activity;
To impersonate or attempt to impersonate us, our employees, another user or any other person or entity;
To engage in any conduct that restricts or inhibits anyone's use or enjoyment of our website, or which, as determined by us, may harm us or users of our website or expose them to liability.
We reserve the right to terminate or suspend your access to our website, without notice, if we believe, in our sole discretion, that you have violated any provision of these terms of service or any applicable law or regulation. Any breach or violation of the Terms of Service shall result in immediate termination of the Services to you.
Bookings
Our website provides a platform for customers to make bookings at our boutique hotel. We do not guarantee the availability of any rooms or services, and we reserve the right to refuse any booking for any reason.
Disclaimer of Warranties
We do not represent, warrant, or otherwise guarantee that the Website or Services will be uninterrupted, timely, secure or error-free, nor do we make any warranty as to the results that may be obtained from the use of the Website. The Website is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability, quality, fitness for a particular purpose, title, and non-infringement.
The Company, including its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensees shall not 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 similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured using the Service, or for any related claims to your use of the Website, Service or while staying at our rental properties, to the maximum extent permitted by law.
We may remove the Service for indefinite periods of time or otherwise cancel the Service at any time, without notice to you. Your use of, or inability to use, the Website and Service is at your sole risk.
Limitation of Liability
In no event will we, our affiliates, or our respective licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Indemnification
You agree to defend, indemnify and hold us harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these terms of service or your use of our website.
Dispute Resolution
These terms of service shall be governed by and construed in accordance with the laws of the State of Illinois. Any dispute arising out of or relating to these terms of service, including the breach, termination, validity or interpretation thereof, shall be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.
Errors and Omissions
The Company shall not be liable for any errors, omissions, or inaccuracies on the Website or in the Service, including without limitation, information related to product descriptions, pricing, promotions, offers, and related items. The Company may correct any errors, inaccuracies, or omissions and to change or update information or cancel offerings, products or otherwise at any time without notice to you, except where required by law.
Third-Party Links
We may provide you with access to third-party tools and links over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access on an “as-is” and “as-available” basis, without representations, warranties, or guarantees of any kind and without endorsement. The Company shall have no liability whatsoever arising from or relating to your use of the third-party tools. Any use shall be at your own risk and discretion. Make sure you are familiar with and approve any terms provided by the third-party. Complaints, claims, concerns and questions regarding third-party products should be directed to the third-party.
Changes
We reserve the right, in our sole discretion, to modify or replace these terms of service at any time. If we make material changes to these terms, we will provide notice to you by email, through our website, or by other means we deem appropriate. Your continued use of our website following the posting of any changes to these terms constitutes acceptance of those changes.
Termination
We may terminate or suspend your access to all or any part of our website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement, you may simply discontinue using our website.
Intellectual Property
The content and materials on the Website, including without limitation, text, graphics, names, designs, words, copy, logos, images, videos, and software, are the property of the Company or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not copy, republish, reproduce, distribute, rent, sub-license, publish, display, redistribute, duplicate, perform, modify, create derivative works of, transmit, sell, or in any way exploit any content or materials on the Website without our prior written consent. All other intellectual property on the Website are the trademarks of their respective owners.
User Comments, Feedback and Submissions
By submitting specific content, such as contest entries, or voluntarily providing creative ideas, suggestions, proposals, plans, or other materials (“Submissions”) to the Company through the Website, the Service, or any other means, you acknowledge and agree that we have the unrestricted right to edit, copy, publish, distribute, translate, and use your submissions in any medium, without limitations. This applies whether we requested the submissions or not, and regardless of the submission method (online, email, postal mail, etc.). We are not obligated to keep your submissions confidential, compensate you for them, or to provide a response. Any submitted content that We find offensive, unlawful, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or if it violates any intellectual property rights or our Terms of Service, we may take action accordingly.
You agree that your submissions will not infringe upon the rights of any third-party, including copyrights, trademarks, privacy, personality rights, or any other personal or proprietary rights. Furthermore, your submissions must not contain defamatory, unlawful, abusive, or obscene material, nor should they contain any computer viruses or malware that could disrupt the functioning of the Company’s services or associated websites.
You are prohibited from using a false email address, impersonating another individual, or misleading us and third-parties regarding the origin of any Submissions. You bear full responsibility for the accuracy of your Submissions. The Company assumes no liability and accepts no responsibility for any Submissions posted by you or any third-party.
Miscellaneous
These terms of service constitute the entire agreement between you and the Company with respect to the use of the Website and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.
If any provision of these terms of service is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. 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 the State of Illinois, United State of America.
No waiver of any provision of these terms of service shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of service shall not constitute a waiver of such right or provision.
You may not assign these terms of service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent.
We may assign these terms of service or any rights hereunder without your prior written consent.
Contact Us
Questions about these Terms of Services should be emailed to stay@booktheloft.com.