Terms of use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. THIS IS A BINDING LEGAL AGREEMENT. BY ACCESSING AND CONTINUING TO USE THE WEBSITE, YOU AGREE TO EACH AND EVERY ONE OF THESE TERMS OF USE. PLEASE DO NOT USE THE WEBSITE IF YOU DO NOT AGREE TO EACH AND EVERY ONE OF THESE TERMS OF USE.  IF YOU ARE NOT EIGHTEEN (18) YEARS OF AGE OR OLDER OR YOU ARE OTHERWISE INCAPABLE OF ENTERING INTO A LEGALLY BINDING AGREEMENT, PLEASE IMMEDIATELY DISCONTINUE USE OF AND LEAVE THIS SITE.

LivAway Suites, LLC, a Utah limited liability company (“LivAway”) owns and operates the website www.livawaysuites.com (“Website”).  LivAway provides access to the Website and all information, services, features, and functionality provided on or via the Website under and pursuant to the following terms and conditions (“Terms of Use”).  By entering, accessing, using, or remaining on the Website, you (at times hereafter, “You” or “User”) indicate your acceptance of and agreement to these terms and conditions.  If you do not agree to these Terms of Use, now or at any time, you should not enter, access, or use the Website, should immediately cease any future use of the Website, and you are required to notify and instruct LivAway to close your account and terminate your access to the Website.
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Use of Website:

Your entry to, access to, and use of the Website and content and features thereof is subject to all applicable international, federal, state, and local laws and regulations.  You agree not to use the Website in any way that violates such laws or regulations.  Such illegal activities may include fraud, infringement of intellectual or property rights, hacking or otherwise seeking unauthorized electronic access, illegal export of software, spamming, distribution of viruses, and other unlawful uses.  LivAway may terminate, limit, or reduce access to the Website for any user for any reason, including upon determining that laws or regulations have been violated by the user or to investigate whether laws or regulations have been violated by the user.  Furthermore, LivAway will cooperate with legal authorities in the investigation of criminal or civil infringements or violations.

Your entry to, access to, and use of the Website and content and features thereof is further subject to your agreement that you may not use, transmit, retransmit, distribute, duplicate, reproduce, register, publish, post, copy, modify, or attempt to do any of the foregoing, or otherwise exploit the content or features of the Website for commercial or personal use except as authorized herein, without LivAway’s prior written consent.

Your entry to, access to, and use of the Website and content and features thereof is further subject to your agreement that you may not interfere with (or attempt to interfere with), modify, or affect the operation of the Website, and that you will only use the Website as intended and in a reasonable manner.  You may not post or transmit to any unlawful, defamatory, profane, or obscene material to the Website, and any such material may be removed by LivAway in LivAway’s sole and absolute discretion.

As a condition of your use of the Website, you warrant to LivAway that you will not use the Website for any purpose that is unlawful or otherwise prohibited by these Terms of Use.
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Tampering:

You agree not to modify, move, add to, delete, or otherwise tamper with the information or data on the Website.  You also agree not to violate, interfere with, or otherwise tamper with any intellectual property or other proprietary information contained on the Website.
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Room Rates and other Charges:

The room rates and other charges listed on the Website may be provided by independently owned and operated LivAway Suites branded hotels (each a “LivAway Branded Hotel”) and are represented in U.S. dollars unless otherwise expressly stated. Your payments to a LivAway Branded Hotel on or through the Website or directly to a LivAway Branded Hotel are matters to be resolved solely between you and the LivAway Branded Hotel.  LivAway is not responsible for and will not be involved with any disputes between you and any LivAway Branded Hotel or other third party with respect to room rates and charges (even if reserved and paid for through the Website).   Room rates and availability may be listed, removed, modified, or changed on this Website without notice.
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Reservations:

You may only make legitimate reservations for LivAway Branded Hotel stays for your personal or invited guests use.  You may not resell, sublet, assign, transfer, repost, or otherwise convey a reservation to any third party, without the prior written consent of LivAway and the LivAway Branded Hotel.  LivAway may limit the number of room reservations that may be made by any person or entity for any stay or during any period determined by LivAway. LivAway may cancel any reservation in LivAway’s sole and absolute discretion, including, without limitation, in the event LivAway learns of or suspects that you are reservation rooms or attempting to resale or otherwise transfer, assign, or convey reservations in violation of this paragraph.
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Trademarks and Other LivAway Intellectual Property:

LivAway owns and claims rights to various service marks and trademarks, including, without limitation, “LivAway^TM” and “LivAway Suites^TM” (LivAway and LivAway Suites trademarks are currently pending registration with the USPTO).  You and all other third parties are prohibited from using any of LivAway’s service marks, trademarks, tradenames, slogans, mottos, logos, artwork, or other intellectual property (the “LivAway IP”) or other marks contained on the Website (even if owned by a third party but used by LivAway with permission) without the prior written consent of LivAway.  To be clear, you may not, directly or indirectly, use, transmit, distribute, register, publish, post, copy, modify, or attempt to do any of the foregoing, any LivAway IP or any other marks that are confusingly similar to the LivAway IP without the prior written consent of LivAway.  This prohibition is intended to be construed in the broadest sense.
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Copyrights:

LivAway’s Website and all of the Website’s content and features are owned by and the property of LivAway, are copyrighted by LivAway, and are protected by applicable copyright laws.  The Website content and features claimed and protected hereby including, without limitation, any and all text, updates, graphics, logos, content, images, data, information, audio, video, icons, format, layout, features, applications, compilations, digital downloads, software used to operate the Website, and any derivatives, complications, updates, and revisions thereto, and all software available for download on the Website.  You are authorized to utilize the Website and its content and features only for the purposes intended by LivAway (i.e., to obtain information regarding, make reservations for, and obtain other services with respect to LivAway extended stay hotels) and for no other purposes.  To be clear, you may not, directly or indirectly, use, transmit, distribute, register, publish, post, copy, modify, reproduce, republish, decompile, display, link, transmit, or attempt to do any of the foregoing, with respect to all or any portion of the Website or the content or features of the Website, without the prior written consent of LivAway.
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Links:

LivAway prohibits unauthorized links to its Website.  Therefore, you may only link to the Website with the prior written consent of LivAway, which consent may be granted, withheld, conditioned, delayed, and revoked in LivAway’s sole and absolute discretion.  LivAway may disable any such unauthorized links.  LivAway has no responsibility, obligation, or liability for any material on other web sites that may contain links to the Website.

Any links on the Website to third party websites (“Linked Third-Party Sites”) are provided by LivAway for reference and as a convenience to you; any such links on the Website to Linked Third-Party Sites are not under the control of LivAway and are provided without any representation or warranty as to the content, privacy, or security of any such Linked Third-Party Sites.  Any entrance, access, and use of a Linked Third-Party Sites (whether accessed via a link on the Website or otherwise) shall by at your own risk, and you hereby release LivAway from any and all claims with respect thereto, including, without limitation, claims relating to the content, privacy, or security of such Linked Third-Party Sites.  To be clear, LivAway shall have no liability or responsibility for, and hereby disclaims any such liability or responsibility, for the content, privacy, security on any Linked Third-Party Sites, infringement of intellectual property rights on any Linked Third-Party Sites, or otherwise with respect to your entry, access, or use of any Linked Third-Party Sites.  LivAway makes no representations or warranties of any kind with respect to any Linked Third-Party Sites including no representations or warranties with respect to the accuracy or completeness of the content of any Linked Third-Party Sites or the adequacy of any privacy, security, purposes, or absence of viruses or other items of a destructive nature of such Linked Third-Party Sites.  LivAway does not endorse the content, services, products, or other features or items available on such Linked Third-Party Sites.  LivAway does not endorse or guaranty the content of these Linked Third-Party Sites.  LivAway assumes no responsibility, obligation, or liability for any material that may be accessed on other websites (including Linked Third-Party Sites) reached through the Website, nor does LivAway make any representation regarding the quality of any product or service contained at any such Linked Third-Party Sites.  More information with respect to Linked Third-Party Sites can be found in the LivAway Privacy Policy.
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Privacy:

Protecting your privacy is important to LivAway.  You are responsible for the content of any submissions of personal information that you provide to LivAway via the Webiste or otherwise.  By submitting personal information, you authorize LivAway to use the personal information subject to and consistent with LivAway’s Privacy Policy. Please see LivAway’s Privacy Policy with respect to the personal information LivAway collects and how LivAway collects, uses, and protects your personal information that is provided to or obtained by LivAway.  By entering, accessing, using, and remaining on the Website, and by providing your personal information to LivAway, you acknowledge, agree, and consent to the LivAway Privacy Policy and the collection and transmission of such personal information as contemplated therein and in connection with LivAway’s standard business practices.

DISCLAIMER OF WARRANTIES: LIVAWAY MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE WILL BE FUNCTIONAL, THAT IT WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE, FREE OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS, OR FREE OF ERRORS.  THE WEBSITE AND ANY AND ALL INFORMATION, DOCUMENTS, OR OTHER DATA PROVIDED BY OR ACCESSED THROUGH THE WEBSITE ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT WARRANTIES OF RELIABILITY, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  ANY DAMAGE DONE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE WEBSITE OR DOWNLOAD OF CONTENT OR SOFTWARE THEREFROM SHALL BE AT YOUR OWN RISK AND SHALL BE YOUR SOLE RESPONSIBILITY.  

LivAway uses reasonable efforts to include accurate and up-to-date information on its Website; however, it does not make any warranties or representations as to its accuracy and completeness.  LivAway periodically adds, changes, improves, or updates the Website, including without limitation room rates and availability, without notice.  LivAway assumes no liability, obligation, or responsibility for any errors, inaccuracies, or omissions with respect to the Website or its content, features, or functionality.  Notwithstanding the foregoing, the information and content on the Website may contain technical inaccuracies and typographical errors, including inaccuracies related to pricing or availability applicable to your transaction, reservation, or booking. LivAway assumes no responsibility or liability for, and hereby expressly disclaims any liability or responsibility for, any such inaccuracies, errors, or omissions, and shall have no obligation to honor reservations, bookings, or information affected by such inaccuracies or errors. Your use of the Website is at your own risk.

LIMITATION OF LIABILITY:  IN NO EVENT SHALL LIVAWAY OR LIVAWAY’S LICENSEES, FRANCHISEES, OR OWNERS OF LIVAWAY BRANDED HOTELS, OR RELATED PARTIES OR AFFILIATES TO ANY OF THE FOREGOING, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF ACCESS TO OR THE USE OR INABILITY TO USE CONTENT, FEATURES, FUNCTIONALITY, OR DOWNLOADABLE SOFTWARE ON OR FROM THE WEBSITE, EVEN IF LIVAWAY OR ITS AGENTS, LICENSEES, FRANCHISEES, AFFILIATES, OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  FURTHERMORE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER LIVAWAY NOR ANY FRANCHISEE OR LICENSEE OF A LIVAWAY BRANDED HOTEL, SHALL BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT, OR OTHERWISE) RESULTING FROM ACCESS TO OR ANY USE OF, OR INABILITY TO USE OR ACCESS, OR RELIANCE ON, OR FUNCTIONING OF, THE WEBSITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF LIVAWAY OR ITS AGENTS, LICENSEES, FRANCHISEES, AFFILIATES, OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OF DAMAGE.

ALL LIVAWAY BRANDED HOTELS ARE INDEPENDENTLY OWNED AND OPERATED BY FRANCHISEES OR LICENSEES, AND THAT YOUR RESERVATIONS FOR A STAY AT A LIVAWAY BRANDED HOTEL IS WITH SUCH FRANCHISEES OR LICENSEES, AS APPLICABLE, FOR THE LOCATION AT WHICH YOU RESERVE YOUR STAY.  SUCH FRANCHISEES OR LICENSEES MAY PLACE ADDITIONAL REQUIREMENTS ON YOUR RESERVATION, BOOKING, SERVICE, AND STAY AT A LIVAWAY BRANDED HOTEL.  LIVAWAY IS NOT RESPONSIBLE FOR, AND HEREBY EXPRESSLY EXCLUDES AND DISCLAIMS, ANY ACT, OMISSION, NEGLIGENCE, MISCONDUCT, LIABILITY, OR RESPONSIBILITY OF ANY FRANCHISEE OR LICENSEE OF A LIVAWAY BRANDED HOTEL.

IN THE EVENT LIVAWAY IS HELD LIABLE FOR ANY DAMAGES RELATED TO THE WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU.

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED AND REGARDLESS OF FORESEEABILITY.  
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Security:

The security of information provided by you or transmitted through use of the Website is not and cannot be guaranteed.  Although LivAway will strive to secure such information, LivAway is not responsible for any interception or interruption of any communications, data, or information, or for changes to or loss of any communications, data, or information.  You are responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password-protected or secure areas of the Website.  In order to protect you and your data, LivAway may suspend or limit your use of the Website or any of its features or functionality, without notice, for investigative purposes if any breach of security is suspected or if any virus is found or suspected.
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Modification of Terms and Conditions:

LivAway reserves the right to modify and amend these Terms of Use from time to time hereafter at LivAway’s sole and absolute discretion.  Any such changes to the Terms and Conditions will be effective when posted by LivAway on the Website.  By entering, accessing, using, or remaining on the Website after LivAway posts any such changes on the Website, you accept the Terms of Use as modified.  
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Indemnification:

You agree, at your sole cost and expense, to defend, hold harmless, and indemnify LivAway, its affiliates, agents, franchisees, licensees, partners, distributors, managers, and contractors, from and against any and all damages, liabilities, claims, judgements, losses, deficiencies, costs, and expenses, including reasonable attorney fees, incurred in connection with or arising from any claim, demand, suit, action, or proceeding arising out of your breach of these Terms of Use or in connection with your entry, access, or use of the Website or any product or service related to the Website.
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Access to Website:

LivAway may restrict access to, condition, limit, suspend, modify, change, update, or discontinue the Website, or any portion thereof, at any time without notice in LivAway’s sole and absolute discretion.  LivAway may refuse service, terminate access, and/or cancel transactions for any user or guest in LivAway’s sole and absolute discretion, including in the event you have not strictly complied with these Terms of Use.
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Governing Law, Jurisdiction, and Venue:

These terms and conditions shall be governed and construed in accordance with the laws of the State of Utah, and applicable federal laws without regard to conflicts of law principles.  You agree that any and all proceedings relating to the Website or any product or service related to the Website, and the subject matter contained herein, shall be maintained in an appropriate court located in the State of Utah or the federal district courts sitting in the State of Utah, which courts shall have exclusive jurisdiction and shall be the exclusive venue for such purposes.  You agree that any claim or cause of action arising out of or related to these Terms of Use, regardless of any statute or law to the contrary, must be filed in the appropriate court within one (1) year after such claim or cause of action arises or such claim or cause of action will be forever barred.
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Miscellaneous:

These Terms of Use supersede any other written or oral agreement regarding the subject matter contained herein. These Terms of Use and the benefits of provision of the Website do not extend to any third party.  The waiver by LivAway of a breach or right under these Terms of Use will not constitute a waiver of any subsequent breach or right. If any term of these Terms of Use is held unenforceable or invalid by a court of competent jurisdiction, the remaining terms will remain in effect.  LivAway’s failure to exercise any right or to insist upon strict performance of any provision of this document shall not operate as a waiver of any right under these Terms of Use.  The terms and conditions relating to indemnification, limitation of liability, disclaimer of warranties, payment, and all other terms that should by their nature survive the termination of these Terms of Use shall survive any such termination.

"First 20 Contest" Terms and Conditions:

The first twenty people to submit complete requested reservations (each a "Selected Guest") shall be entitled to advance reserve one room at a participating LivAway Suites, LLC ("LivAway") extended-stay hotel property, for up to a 7-night stay, at the promotional rate of $100 plus applicable taxes (the "Advance Reservation Offer").  The Advance Reservation Offer is valid only at participating LivAway hotels after the participating hotels are fully constructed and open to the public.  A limited number of rooms at each participating hotel are available for this Advance Reservation Offer.  To request a reservation subject to the Advance Reservation Offer you must be an individual that is at least 18 years old.  Any incomplete requested reservations will be disregarded and will not be eligible for the Advance Reservation Offer.  Each person (including members of applicant’s household) may only submit one requested reservation form.  LivAway may disregard any requested reservation in LivAway’s sole discretion.  Each person submitting a requested reservation acknowledges and agrees that (i) the "Location", "Room Type", and "Check In"/"Check Out" dates selected as part of the request are only the desired and preferred reservation details (the "Preferred Reservation Details") if such person is a Selected Guest, (ii) submission of a requested reservation and selection of Preferred Reservation Details does secure an actual reservation, but rather is a requested reservation to be considered by LivAway for the Advance Reservation Offer, and (iii) for Selected Guests, LivAway may or may not be able to accommodate the Preferred Reservation Details, depending on construction completion dates, available rooms, and other factors within or outside of the control of LivAway.  

If you are a Selected Guest, LivAway will notify you by email within 30 days of the submission of your requested reservation ("Selected Guest Notification").  To secure your Advance Reservation Offer, you must reply to the Selected Guest Notification within 10 days of the date the Selected Guest Notification is transmitted ("Selected Guest Confirmation") (failure to provide a timely Selected Guest Confirmation will result in the forfeiture of your right to secure a reservation pursuant to the Advance Reservation Offer).  Selected Guest Notifications will be provided to the email provided in your requested reservation.  After LivAway receives your timely Selected Guest Confirmation, LivAway will notify you as to whether your Preferred Reservation Details can be accommodated or, if not, the alternative "Location", "Room Type", and "Check In"/"Check Out" dates to which your Advance Reservation Offer applies ("Selected Guest Reservation Details").  Payment will be required at check-in.  Your reservation may be cancelled by you at any time prior to your scheduled check-in, but such cancellation will result in the forfeiture of your right to secure a reservation pursuant to the Advance Reservation Offer.  LivAway has full discretion and authority to select, establish, modify, and/or change any or all of the Selected Guest Reservation Details at any time prior to the Payment Processing Date, including, but not limited to, in the event of construction delays or other unanticipated or unforeseen circumstances.  All stays are subject to the other rules and regulations generally applicable to LivAway hotel guests.  If you do not receive Selected Guest Notification within 30 days of submitting your requested reservation, you are not a Selected Guest, your requested reservation was rejected by LivAway, and you are not eligible for the Advance Reservation Offer.

Reservation of Rights:

Any rights not expressly granted to you by these Terms of Use are hereby expressly reserved to LivAway.
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Contacting LivAway:

If you have questions regarding these Terms of Use, you may contact LivAway using the below contact information:

LivAway Suites, LLC
Attn:  Legal
3300 N. Triumph Blvd., Suite 100
Lehi, Utah 84043