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LAST MINUTE VACATION RENTALS, LLC
Effective: January 1, 2025
Hello and welcome! We are glad that you are taking the time to read this Guest Agreement.
This Agreement is important because:
it is a binding contract between you and us;
● together with your booking confirmation email (the “Confirming Email”) and the email you will receive on the morning of your scheduled arrival date (the “Arrival Email”), set out the legal terms on which booking services are made available to you through our Service; and
cover any interactions or communications you have through our Service.
Any use of our Service (including any of the content or other services made available through it) is subject to this Agreement and it is a condition of using our Service that you accept this Agreement.
You may also be required to sign a separate Rental Agreement provided by the Property Owner.
To book or reserve a Property listed on our Service, you must also accept this Agreement. If you do not accept this Agreement, then please do not use our Service or book a Property for rent. You must also accept our LMVR Rental Policies, our Terms of Use, and our Privacy Policy.
We may make changes to this Agreement by updating them at any time and your continued use of our Service after any changes come into effect will constitute your acceptance of the updated Terms.
Any existing bookings will continue to be governed by this Agreement that applied to your booking when the booking was made.
We recommend that you save or print a copy of this Agreement before you make your first booking.
You acknowledge that renting a Property carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Property, the LMVR Service, Property Listings, or any interaction you have with others whether in person or online. You agree that you have had the opportunity to investigate the LMVR Service and the Property(ies) that you may rent, and any laws, rules, regulations, or obligations that may be applicable to stay at any of the Property(ies), and that you are not relying upon any statement of law made by LMVR.
Section 13 (Disputes and arbitration) below contains an arbitration agreement and class action waiver that apply to all claims brought against us in the United States. Please read them carefully.
PLEASE READ THIS AGREEMENT CAREFULLY.
1. INTRODUCTION; LEGAL & BINDING AGREEMENT.
A. Definitions.
1. “we," “us,” “our,” or “LMVR” refers to Last Minute Vacation Rentals, LLC, with its offices at 2524 N. Broadway, Ste 554, PMB 328187, Edmond, OK 73034-4172, which provides the Service and is the company that contracts with you under this Agreement.
2. “you” or “Guest” refers to you, the person(s) using our Service and/or making a booking to rent the Property from the Property Owner. You and the Property Owner may enter into a Rental Agreement provided by the Property Owner. We are providing the Service to you as a place for you to book properties, and we are not a party to any Rental Agreement or other agreement between you and the Property Owner.
3. “Property” refers to the any and all of the real estate and improvements that are listed with the Service by the Property Owner(s) and/or Property Manager(s) for short term rentals.
4. “Property Owner” or “Host” refers to the property owner who hosts a Guest(s) at its Listed Property(ies). If a Property Owner has engaged the services of a Property Manager, then all terms and provisions referring to the Property Owner shall also include the Property Manager.
5. “Property Manager” refers to a person or company that has been duly authorized in writing to act on behalf of the Property Owner concerning all Rentals of the Property Owner’s Properties. If a Property Manager is acting on behalf of the Property Owner, then all references to “Property Owner” shall mean “Property Owner and/or Property Manager”.
6. “Service” or “our Service” refers to our website, online property listing and booking service platform, and all other related features, elements, offerings and programs related to the Property Listings and booking services for short term rentals of a Property.
7. “Site” or “Website” refers to Last Minute Vaacation Rentals and the Services offered as a result of using the Site.
8. “Terms” or “Agreement” refers to this Guest Agreement and any and all of the LMVR Rental Policies and all other policies in connection with the use of the Service as may be amended from time to time.
9. “Listing” or “Property Listing” refers to the Property Owner or Property Manager, who may in accordance with this Agreement, agree with LMVR to place on our Service a listing for a specific Property for short term rental.
10. “Rental Agreement” refers to the rental or lodging agreement that may be prepared by and signed by you and the Property Owner or Property Manager. Not all Property Owners will have prepared a Rental Agreement.
11. “LMVR Rental Policies” refers to the rental policies adopted from time to time by LMVR and that apply to the rental of the Property. The LMVR Rental Policies bind the Property Owner and the Guest, unless the Property Owner has its own policy on the same subject matter in its Rental Agreement. If there is a conflict between the LMVR Rental Policies and a term in the Property Owner’s Rental Agreement, the Property Owner’s Rental Agreement shall prevail.
12. "Content” means all text, descriptions, reviews, photographs, images, videos, and any other content that you, Guests, and/or any third parties submit to our Service.
13. “Damage Deposit” refers to the Refundable Damage Deposit or the Non-Refundable Damage Deposit that may be required by a Property Owner to be deposited or paid by a Guest for a particular Property.
14. “Rental Fee” refers to the amount charged by the Property Owner to the Guests and includes the total of the nightly rental rate multiplied by the number of nights booked, plus any extra fees such as pet fees, or cleaning fees that the Property Owner charges, plus the amount of any Refundable Damage Deposit or Non-Refundable Damage Deposit as may be required by the Property Owner.
15. “Users” means Guest(s) and the Property Owners collectively.
16. “Guest Service Fee” is the fee charged by LMVR to the Guests for the use of the LMVR Service. The Guest Service Fee is equal to 9.8% multiplied by the Rental Fee.
18. “Reservation Change Fee” refers to the Guest Reservation change Fee of $75.00 pursuant to Section 12.
B. This Agreement constitute a legally binding agreement between you and us. Only persons 24 or older are allowed to reserve or book any of the Properties Listed on our Service and you must be 24 years or older to enter into this Agreement. Before you finalize a reservation, you will be asked to agree to this Agreement, the LMVR Rental Policies, and Privacy Policy. You will also be required to accept the Property Owner’s Rental Agreement, if there is one. If there is a conflict between this Agreement and the LMVR Rental Policies, and the Property Owner’s Rental Agreement, the Property Owner’s Rental Agreement shall control. If you violate this Agreement, or the LMVR Rental Policies, or a Property Owner's Rental Agreement, your booking may be canceled and you may be denied access to the relevant Property. You may also lose the Rental Fees paid for such booking, depending on the LMVR Rental Policies and/or the Property Owner's Rental Agreement.
C. We may terminate this Agreement at any time for any reason subject to our discretion and without advance notice to you. We will inform you of such termination via your email address. Section 12 includes additional Terms regarding termination.
D. Rental Agreements are entered into only between a Guest and a Property Owner. Not all Property Owners will require a Guest to sign a Rental Agreement. LMVR is not a party to any such Rental Agreements or other agreements between the Property Owner and the Guest. Any such Rental Agreement, will apply to your booking of a Property,
will govern your right to occupy and use such Property, and
may limit or exclude a Property Owner’s liability. You are therefore advised to read any such Rental Agreement before booking a Property.
E. You acknowledge and agree that, you and the Property Owner are responsible for performing the obligations of any Rental Agreement or any other agreement with the Property Owner, ● LMVR is not, and does not become, a party to any contractual relationship between a Guest and a Property Owner,
Property Owners are not our service providers, and
Property Owners are responsible for complying with all laws, rules and regulations applicable to the listing and rental of their Property and to the conduct of their rental property business. LMVR is not obligated to mediate between a Guest and a Property Owner in any dispute arising between them.
F. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Property and for all areas and facilities where the Property is located that the Property Owner and Guest are legally entitled to use in connection with the Property (“Common Areas”). For example, this means: (i) you are responsible for leaving a Property (and related personal property) or Common Areas in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional Guest who is a minor or if you bring a minor to a Property, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor. You are also legally responsible for any pets you bring on the Property.
G. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the LMVR Service and any Content, including your stay at any Property, participation in any activity or event, use of any Property amenity, or any other interaction you have with others whether in person or online. It is your responsibility to investigate a Property to determine whether it is suitable for you.
H. You authorize us from time to time to collect and verify the information provided by You on the Registration Form or otherwise. We will use this information to perform due diligence, verify Your identity, verify You are not subject to trade sanctions, perform various fraud and risk reviews on You, and monitor the transactions through the Services to protect the integrity of our systems and business. You further authorize us (or an affiliate) to request a report on You from a consumer reporting agency. Any such consumer report will be requested and utilized in compliance with applicable law, including the Fair Credit Reporting Act. We may also ask you to provide Your Driver’s License, and we will require that you provide us with a valid credit card on file. We may also check your online reputation, including social media, and take any other reasonable means of investigating and verifying the credentials and reputation of each Guest. Each Guest acknowledges that failure to comply with any such request constitutes a breach of this Agreement. As permitted by applicable law, LMVR may obtain screens against public criminal records, sex offender registrations, and other government and third party databases. Based upon these reviews, we will determine whether we are able to offer You the Services, and the manner in which we will settle payments in our sole discretion. You authorize LMVR (and/or our third-party payment providers to (i) verify your payment method by obtaining a pre-authorization, charging a nominal fee or through other verification means, and (ii) on verification, charge your payment method for all amounts due pursuant to this Agreement.
I. The Property Owner has the right to enter the premises of the Property at any time including during a Guest’s stay to respond to a service call for repairs, to respond to altercations, to investigate disturbances, check occupancy, check for damage and check for pets. The Property Owner is obligated to reasonably notify the Guest of its entry on the Property prior to doing so.
2. USING OUR SERVICE & ACCOUNT.
A. The Site and our Service is an online venue which allows Property Owners to list one or more Properties available for rent to Guests with different pricing formats. We may also offer other online tools or services to allow Property Owners and Guests to communicate with each other and to enter into Rental Agreements or other transactions with each other. User verification on the internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user's purported identity.
B. The Site and our Service is also an online venue for Users to interact with each other. Rental Agreements are concluded only between the Guest and the Property Owner. LMVR is not, and does not become, party to any such contractual relationship with the Guest and the Property Owner. You acknowledge and agree that the Guest and the Property Owner will be responsible for performing the obligations of any such agreements, that LMVR is not a party to such agreements, and that this is true even if the use of our Service (including any other tools, services or products) facilitates booking a Property. For clarity, LMVR is not a party to any rental or other agreement between Guests and Property Owners, and Property Owners are not considered LMVR's service providers, employees, agents, or joint venture partners.
C. To use our Services, you must create an account. To create an account, you must be at least 24 years of age and follow the account creation instructions provided through our Service. The account you create on our Service may also allow you to access other sites, applications, tools and services offered by us using the same account credentials, Please note that the relevant terms of service displayed on the sites, apps, tools and services (including the Site and our Service) that you are using will govern your use of them. For information on how to delete your account, sign into your account on our Service and follow the applicable account deletion process. For further information about your privacy rights, please see our Privacy Policy.
D. We provide our Service to you only as a venue allowing (i) you to view listings of, and obtain information about, properties offered for rent, and allowing (ii) you to select and book Properties with a Property Owner. We do not own or manage, nor can we contract for the rental of, any Property listed on our Service. The Service is made available on an "as is" basis, and LMVR does not warrant that the Service or its functions will be complete or error-free or without issue.
E. Guests shall submit accurate and truthful information about his/her personal identity, billing address, payment data, and other communications using our Service. In addition, Guests undertake the responsibility to ensure the above information is complete, kept accurate and up-to-date the entire time the Guest is using the Service and to promptly and proactively update such whenever necessary.
F. If you sign up as a Guest on our Service, you will receive our marketing mail communications, which is an integral part of our Service. We may offer different newsletters from time to time intended to enhance our Service. Guests have the choice whether or not to receive marketing email communications from LMVR and may cancel their subscription to these email newsletters at any time through your Account settings although it may take a short while for the changes in preferences to become effective. For information on how to delete your account, sign into your Account on our Service and follow the applicable account deletion process. For further information about your privacy rights (such as deletion or access), please see our Privacy Policy.
G. If you have an account with us, you must, (i) safeguard your account information, (ii) be responsible for any use of your account by you or others (even those transactions that you did not intend or want performed), (iii) notify us immediately of any unauthorized use of your account, and (iv) provide us with all necessary information, to the extent required for us to comply with our legal obligations.
H. While we (i) request Property Owners to provide accurate and complete information, and (ii) conduct certain vetting processes for Property Owners (including, as may be required by law), we are not responsible for the accuracy of any information regarding the purported identity of a Property Owner or Guest.
I. You are responsible for closely checking the amenities for each Property Listing to make sure the Property contains the amenities that you want and are available on the Property. Unless an amenity is listed and is not available at a Property, a Guest will have no recourse against a Property Owner or LMVR for an amenity that is not included on the Property. If an amenity is listed but is not available on the Property, the terms of Section 6(C) shall apply.
J. You agree that (i) you will only use our Service for personal and non-commercial purposes, (ii) you must be at least 24 years of age and have the legal authority to enter into contracts, (iii) you will use our Service lawfully and in compliance with this Agreement and the LMVR Rental Policies, (iv) all information supplied by you is true, accurate, current and complete, (v) you are responsible for, and will abide by, all laws, rules and regulations applicable to your use of our Service, and any transaction you enter into either through our Service or in connection with your use of our Service, and (vi) you will be respectful of any Property you book through our Service (as well as the Property’s neighbors and the general neighborhood), and refrain from any disruptive behaviors and actions. You will also abide by the terms of any Rental Agreement between you and the Property Owner.
K. If you book on behalf of others, you (i) will obtain their authorization prior to acting on their behalf, (ii) will inform them about this Agreement that apply to the booking (including the Rules and Restrictions) and ensure that they agree to, and will comply with, such terms, and (iii) are responsible for paying any amounts due, for making any change or cancellation requests and for all other matters relating to the booking
L. You also agree not to, (i) make any false or fraudulent booking, (ii) access, monitor or copy any content on our Service using any robot, spider, scraper or other automated means or any manual process, (iii) violate the restrictions in any robot exclusion headers on our Service or bypass or circumvent other measures employed to prevent or limit access to our Service take any action that imposes, or may impose, an unreasonable or large load on our infrastructure, (iv) deep link to any part of our Service, or “frame”, “mirror” or otherwise incorporate any part of our Service into any other website.
M. We may, acting in our sole and absolute discretion, deny anyone access to our Service (or any other sites, apps, tools and services you have access to under your Account) at any time. We may also make improvements and changes to our Service at any time.
N. Even though we (i) are not a party to any Rental Agreement or rental policies between you and a Property Owner, and (ii) to the maximum extent permitted by law, assume no liability for legal or regulatory compliance relating to any Property listed on our Service, there may be circumstances where we are nevertheless obligated to provide information relating to any Property Listing, booking, Guest or Property Owner to comply with legal obligations, or with governmental or regulatory bodies investigations, litigation or administrative proceedings. By using our Service, you consent to the sharing of your information with government or regulatory bodies as required. Tax regulations may also require us to collect appropriate tax information from Guests.
O. Guests are responsible for ensuring that all information provided is accurate, complete and kept up to date.
P. Offline Booking Prohibited. Offline booking is prohibited. Offline booking can happen during pre-booking communication: after a you find a Property listing on LMVR, you intentionally tell the Property Owner (or the Property Owner intentionally asks) to book or pay through you directly instead of using LMVR to avoid paying LMVR compensation due under this Agreement and due from the Property Owner under the Property Owner Agreement. LMVR does not allow offering, incentivizing, or directing Property Owners to accept bookings outside the LMVR Service. These efforts to avoid paying LMVR compensation are a may result in penalties, including termination. If LMVR determines an offline booking occurred, you may be required to pay LMVR’s Fee due hereunder and a penalty or fine. The following behaviors are not allowed: (i) Contacting potential Property Owners before booking to encourage, request, or incentivize them to book or pay outside of LMVR; (ii) Asking Property Owners to communicate via platforms or services outside of LMVR before accepting a booking (such as through email or text). Note: Post-booking communication is allowed and encouraged until otherwise advised; (iii) Redirecting Property Owners off LMVR through links or embedded buttons in communications; (iv) Cancelling an existing full or partial reservation to book outside of LMVR; (v) Changing or presenting the reservation, payment schedule, or pricing in bad faith to avoid mandatory LMVR Commission. If a Property Owners needs to cancel and rebook, they should cancel the reservation from within LMVR and rebook through LMVR. Rebooking directly with you outside of LMVR is an offline booking and will subject you to a charge of the LMVR Commission and a $1,000 penalty, and you will be subject to the provisions of Section 12 regarding Termination.
Q. Messages sent via our Service should only relate to genuine booking inquiries. We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse our Service, such as by sending unsolicited commercial communications (spam) or disclosing personal information of Guests or a Property Owner to a third party, unless you have the express permission from the Guest or Property Owner. You agree that you will protect other Guests' and the Property Owner’s personal information in accordance with applicable laws and regulations and in any event, using a reasonable standard of care, and you assume all liability for the misuse, loss, or unauthorized transfer of such information. Property Owners and Guests are solely responsible for the content of their communications with each other.
R. Responsibility for applicable laws, rules and regulations. You agree that Guests are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of our Service, their use of any tool, service or product offered on our Service and any transaction they enter into either on our Service or in connection with their use of our Service. Guest further agrees they are responsible for and agree to abide by all laws, rules and regulations applicable to the Property, such as nuisance regulations, local authority requirements, health and safety compliance and compliance with all and housing laws, lease or other property restrictions as applicable. Guests also agree to all of the LMVR Rental Policies and the terms of a Rental Agreement, if any.
S. If you are redirected from our Service to a third-party service such as trip or damage insurance, please bear in mind that any purchases made through such a service will be with the third- party and not with us. LMVR is not the insurer or provider of said insurance products but may earn a referral Fee from the sale of such products. LMVR is not the beneficiary of any of the insurance products and the Property Owner shall look solely to the insurer or the Guest for covered losses incurred by Property Owner as a result of a Guests’ stay at the Property. We are not responsible for any purchases or transactions made through third-party services and we have no liability to you in respect of such services. The terms and conditions of the third-party service provider will set out what rights you have against them and will explain their liability to you.
T. Guests are permitted to download, display or print individual pages of the Service. Our affiliate owns the trademarks and registered trademarks LMVR, LastMinuteVacationRentals.com, and Last Minute Vacation Rentals, among others ("our Trademarks"). Guests may not use or register our Trademarks or any confusingly similar trademark, name, or identifier in any way whatsoever except as permitted in this Agreement, without the express written permission of LMVR. Guests may not use our Trademarks or the names or trademarks used by our affiliates, or any regional variants or confusingly similar terms (the "Protected Terms") in any way whatsoever, may not bid on such Protected Terms for preferential placement in any pay for placement ad program or cost per click search engine, and will not use any Protected Terms as part of any trademarks or domain names or in keyword meta tags without the express written permission of LMVR.
U. We encourage Property Owners and Guests to communicate directly with each other through the tools available on our Service, though even this does not assure you of the identity of the person with which you are communicating. We further require you to take other reasonable measures to assure yourself of the other person's identity. You agree to (i) keep your password and online ID for both your LMVR Account and your email account secure and strictly confidential, providing it only to authorized users of your LMVR Account, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your LMVR Account or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorized access to your LMVR Account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request. We discourage you from giving anyone access to your online ID and password for your LMVR Account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to safeguard such information, you are responsible for any and all transactions that the person performs while using your LMVR Account with us and/or your email account, even those transactions that are fraudulent or that you did not intend or want performed.
3. RENTAL FEES AND TAXES; CONFIRMING A BOOKING
A. Reservations. All reservations must be made by a Guest who is at least 24 years old.
B. Rental Fee & Taxes. Rates are charged by the number of nights that a Guest stays at the Property, not by the number of days. Some Properties have a minimum “night” stay requirement. Additional fees as set by the Property Owner may also apply (such as pet charges or cleaning fees). The Rental Fee is the nightly rate multiplied by the number of nights booked, plus fees set by the Property Owner, plus the amount of the Damage Deposit (if any). The Guest is also required to pay applicable Taxes. The nightly rate, any and all additional fees, the Damage Deposit, and applicable Taxes, will be in the Property Listing and itemized at check out. Prices are dynamic and can change at any time. Price changes will not affect bookings already accepted, except in cases of obvious error.
C. Damage Deposit Policy. At the time of booking, the Property Owner may request one of the following from the Guest: (i) an upfront Refundable Damage Deposit; or (ii) an upfront, Non-Refundable Damage Deposit, or (iii) require that the Guest purchase property damage insurance to cover potential damage at the Property. The amount of the Refundable Damage Deposit or Non-Refundable Damage Deposit and the amount of the damage insurance coverage is determined by the Property Owner and will be included in the terms of the Property Listing and in the Rental Agreement, if any, with the Guest. The amount of the Damage Deposit is included in the definition of Rental Fee. If the Property Owner requires a damage insurance policy, Proof of Insurance must be provided to the Property Owner by the Guest before the reservation will be made. You must email a copy of your proof of Insurance to LMVR at Guest Help. If the Proof of Insurance is not approved by the Property Owner, then the Property Owner will inform LMVR and we will inform the Guest and the Guest must make the corrections or adjustments as required and send the new or revised Proof of Insurance to LMVR.
D. Guest Service Fee. Guests will be charged the Guest Service Fee (a percentage of the Rental Fee pursuant to Section 1(A)(16)), plus a Credit Card Fee equal to what the credit card merchant charges to LMVR (approximately 3%), and Taxes. The Guest Service Fee, plus the Credit Card Fee and any applicable Taxes (defined below), will be displayed to Guests at the time of booking and before final check-out.
E. Taxes. Guests are liable for the payment of applicable current city, county, and state sales taxes, occupancy taxes such as city, county and state transient occupancy taxes, hotel taxes, lodging taxes, room taxes or tourist taxes rate, as applicable, plus any local or state accommodation or lodging fees, which we will collect and may or may not remit to the relevant tax authorities (the “Taxes”). In certain jurisdictions, where the law requires or taxing authorities otherwise authorize, we may directly collect such applicable Taxes on behalf of the Property Owner.
F. Down Payments. To secure a reservation, we require a major credit card. The Down Payment is equal to 50% of the Rental Fee, plus 50% of the Taxes, plus 50% of the Guest Service Fee and 100% of the Credit Card Fee. Down payments are applied towards the balance.
G. Confirming Email. A Confirmation for your reservation will be emailed to the address provided at the time a Guest books a reservation and will be sent no later than the following morning by 10:00 am (the “Confirming Email”). Please review the Confirming Email for accuracy of dates and accommodations. Please notify LMVR of any discrepancies in the reservation immediately upon receiving the Confirming Email. We strongly recommend that you check your dates and the Property to ensure no mistakes were made. It’s human to error; it’s good practice to double check! We will not compensate for error – the Confirming Email is sent for you to confirm the details of a Guest’s reservation. You must notify LMVR of any discrepancies in the reservation immediately upon receiving the confirmation. Please add us to your address book to ensure you receive our emails.
H. If You Do Not Receive Your Confirmation. If you do not receive your Booking Confirmation within 24 hours of making your booking, please email us at Guest Help. We do not communicate through any social media accounts. If we are not added to your address book, most confirmations fall into your spam/junk/clutter mail folder.
4. ARRIVAL EMAIL & ARRIVAL AT THE PROPERTY.
A. Arrival Email. The final payment will be scheduled to automatically post on the day the Guest is scheduled to arrive at the Property and the receipt of the final payment will generate an “Arrival Email” sent by LMVR to the Guest. The Arrival Email will include the Property Owner’s name, telephone number where the Property Owner can be reached during the Guests’ stay, and the Property address and GPS location (Google maps). The Arrival Email will also include the combination lock code to enter the Property or the code to the lockbox where the key is kept.
B. If Your Do Not Receive Your Arrival Email By 7 AM On Your Scheduled Day of Arrival, first check your junk/spam folder. Please email us at Guest Help and send us a short note. We do not communicate through any social media accounts. Please print your Arrival Email confirmation as it includes your driving directions to your Property, the LMVR Rental Policies, and the key code combination to access the Property.
C. Double Check Driving Directions. The Arrival Email also includes GPS driving directions to your booked Property. Before you hit the road, look at the directions to your rental Property. Keep in mind that Google Maps may not be accurate. Your Confirming Email will contain the contact information for your Property Owner. Feel free to contact your Property Owner if you need assistance with directions but realize that there may be areas of limited cell service around the Property. We cannot assist you with directions to the Property.
D. Check-In. Your Property is “Self Check-In”. When you arrive at the Property, use the key code found in the Arrival Email to access the Property. If you have any issues accessing the Property, call the Property Owner and email us at Guest Help. Upon arrival, inspect the Property and be sure to confirm that all requested amenities are present and available on the Property and that all appliances, electronics and amenities are in working order. If you find any amenities missing or broken, or if anything is not working or is damaged, the Guest must immediately call the Property Owner and describe the issue with the Property. The Guest must also email LMVR at Guest Help.
E. Property Owner’s Communications. On the Guest’s check-in day and during their stay, the Property Owner is required to answer all phone calls from a Guest within one hour for messages received between 8 AM and 9 PM in the Property’s time zone. For messages received outside of these hours, the Property Owner is required to answer as soon as reasonably possible and by 9 AM the following day at the latest; provided, however, if the issue concerns lack of running water, no heat or problems with HVAC, or no electricity or sewer/ septic tank problems, or concerns an accident or safety hazard (“Critical Issues”), the Property Owner is expected to answer any calls or communications from the Guest promptly, not to exceed 30 minutes. The Property Owner must provide a resolution to the critical issue and inform the Guest when a problem will be resolved, repaired or replaced. If the Property Owner does not respond to the Guest or provide check-in and access information to a Guest or provide a resolution, repair, replacement, or solution to Critical Issues, the provisions of Section 6(C) apply.
F. Security Cameras. The Property Owner may not have security cameras inside the Property. Any cameras mounted outside should be listed in the Property Listing. If a Guest sees an indoor security camera, or if there are exterior security cameras not identified in the Property Listing, the Guest should call the Property Owner and email LMVR at Guest Help.
5. CHECK OUT OBLIGATIONS.
A. Check-Out Time. On the departure date, your will receive a “Departure Email.” Unless otherwise provided by a Rental Agreement, check-out is 11 AM. Housekeeping fees will apply for late checkouts. Let your Property Owner know in advance if you need a late check-out.
B. What To Do On Your Check-Out Date: You will be responsible for the cleaning during your stay and for leaving the Property in good condition at checkout. “Good condition” includes:
● All trash and dirty diapers put in outside trash cans and covered
● Dishes washed or soaking in hot soapy water or loaded into the dishwasher and dishwasher is started,
● Towels placed in washer and washer started if there is a washing machine on the Property
● Pet feces picked up and in trash, no pet hair on furnishings
● Furniture arranged in original location,
● All stains removed from furniture, linens and towels,
● All amenities (games, toys, decorations, etc.) put away neatly in their original condition,
● No food left out or on grill, stove top, countertops oven or microwave,
● Grill cleaned,
● No spills or “accidents” left unattended,
● No bodily waste left for clean-up
● Hot tub cover secured on top of hot tub.
Please remember that you are staying in a privately owned Property; please treat it as you would want someone to treat your home. If the Property is left damaged or not in good condition, an additional cleaning charge will be added to your credit card after your departure. Items on the Property found missing or broken will be charged accordingly.
6. CANCELLATIONS; CHANGING PROPERTIES OR CHANGING DATES.
A. Guest Cancellation. A Guest may cancel a booking or reservation at any time. The Guest must contact LMVR through the Service to initiate the cancellation process. Your reservation is not cancelled unless you receive a cancellation number. Unless the Property Owner provides otherwise in the Rental Agreement, in the event a Guest cancels, the down payment is refundable to the Guest as follows:
If cancellation made 60 days or more from a Guests arrival date: 100% refund
If cancellation made between 31-59 days before a Guests arrival date: 50% refund
If cancellation made 30 days or under before a Guests arrival date: no refund.
In the event of a Guest cancellation, the Guest Service Fee is forfeited (not refundable), and the Guest will be reimbursed 100% or 50% (as the case may be) of the paid Rental Fee and the paid Taxes and 100% of the applicable Credit Card Fees. The Guest shall also pay to LMVR the Cancellation Fee, and the Guest hereby authorizes LMVR to charge the credit card on file for all such Cancellation Fees.
(i) In certain events, a Guest may cancel due to “Extenuating Circumstances”. Extenuating Circumstances includes death of a Guest, cancer or other life threating disease of a Guest, or if a Guest has COVID. If a Guest claims a cancellation is due to Extenuating Circumstances, LMVR will determine in the exercise of its sole discretion whether or not said claim is true and, if it is the Guest Service Fee is forfeited (not refundable), but the Guest will be reimbursed 100% of the paid Rental Fee and 100% of the paid Taxes and 100% of the applicable Credit Card Fees regardless of when the cancellation was made.
B. Property Owner Cancellation. If the Property Owner cancels an already booked Property reservation, LMVR will email the Guest and inform the Guest of the cancellation. The Guest will receive a refund of 100% of the Rental Fee, 100% of the Taxes paid, and 100% of the Guest Service Fee and Credit Card Fees.
(i) If a Property Owner cancels the reservation due to a natural disaster that makes the Property uninhabitable or not suitable for rental, such as damage from fire, tornado, hurricane, flooding, wind damage, or other natural disaster, the Property Owner shall inform LMVR immediately and provide proof of such damage. In such case, LMVR will cancel the reservation and refund to the Guest 100% of the Rental Fee, 100% of the Taxes, 100% of the Credit Card Fees, and 100% of the Guest Service Fee.
C. Guest Cancellation for Property Issues. Upon arrival at the Property, a Guest must provide prompt notice to LMVR at Guest Help must call the Property Owner at check-in if (i) the Property is not as described in the Listing, or (ii) if you are unable to access the Property, or (iii) you are unable to stay or complete their stay because of safety or other Critical Issues with the Property.
(i) If the Guest has not spent a night at the Property and wants to cancel the reservation and vacate the Property, the Guest must notify LMVR immediately at check-in and if LMVR determines, in the exercise of its sole discretion, that the Property Owner is responsible, LMVR will refund the Guest 100% of the Rental Fees, 100% of the Taxes, 100% of the Credit Card Fees, and 100% of the Guest Service Fee.
(ii) If the Guest decides to stay at the Property overnight, because the Property Owner has agreed to resolve, replace or repair pursuant to Section __, but said resolution, replacement or repair is not performed within 24 hours after the Guest’s arrival, and the Guest wants to cancel the remaining portion of the reservation, and LMVR determines, in the exercise of our sole discretion, that the Property Owner is responsible, LMVR will refund the Guest a pro-rated portion of the Rental Fees, Taxes, Credit Card Fees, and 100% of the Guest Service Fee.
(iii) If the Guest decides to stay for the full term of the booked reservation even though said resolution, replacement or repair is not performed within 24 hours after the Guest’s arrival, the Guest has waived the right to make a claim for reimbursement.
D. Changing A Reservation.
(i) CHANGING A PROPERTY: If a Guest wants to change a booked reservation to a different Property, this is considered a “cancellation” and is subject to Section 6(A).
(ii) In the event a Guest wants to change the reservation dates, decrease the number of nights booked, increase the number of nights booked or add a pet, the Guest must email LMVR at Guest Help. LMVR will contract the Property Owner. If not otherwise set out in a Rental Agreement, it is the Property Owner’s decision to agree to the change(s), or not, and to add any conditions or charge a fee for such changes. LMVR will communicate the decision along with any additional fees to the Guest, who may accept or not. If a Guest does not agree to the Property Owner’s terms for such changes, the reservation continues to be valid without change. If a Guest agrees to the Property Owner’s conditions including payment of any additional fees, the Guest will promptly remit those fees to LMVR and they become a part of the “Rental Fees” and the Guest Service Fee will be increased and charged to the Guest as a result of the changes. A Guest will pay a Reservation Change Fee of $75.00 to LMVR for administrative expenses in making the requested change(s). A Guest may add people to the reservation as long as the number of people does not exceed the occupancy limit set forth in the Property Listing. If the number of Guests exceeds the occupancy limit, the Property Owner may charge the Guest via the credit card on file an extra person fee in an amount not less than $200/night/person.
E. If a booking or account shows, in our reasonable view, signs of fraud, abuse, association with a government-sanctioned person or entity, or other suspicious activity, we may request additional information from you. If we reasonably conclude that a booking or account is associated with fraud, abuse, a government-sanctioned person or entity or suspicious activity, we may, (a) cancel any bookings associated with your name, email address or account, (b) close any associated accounts, and/or (c) take legal action, including to seek to hold you liable for any loss.
7. DAMAGE CLAIMS. If a Guest, someone they invite, or a pet causes damage during a stay, or something is missing from the Property, or an appliance or electronic is no longer working and the Guest has not informed the Property Owner and LMVR of the non-working appliance or electronics before the Guest has checked out, the Property Owner can claim reimbursement of cost to fix, repair, or replace from the Guest.
A. If the Property Owner has required the Guest to purchase a damage insurance policy, the Property Owner will look to the insurance policy for reimbursement and LMVR is not a party nor has it any obligation to be involved with the insurance claim. If there is damage that exceeds the tendered amount under the insurance policy, the Property Owner and Guest shall solely work out the issue. LMVR is not a party to the insurance policy nor has it any obligation to be involved with any insurance claim or dispute between the Property Owner and a Guest.
B. If the Property Owner has required the Guest to deposit a Non-Refundable Damage Deposit, the Property Owner will retain said Non-Refundable Damage Deposit and if there is damage that exceeds the amount of the Damage Deposit, the Property Owner and Guest shall solely work out the issue. LMVR has no interest in the Non-Refundable Damage Deposit, has nothing to do with any damage to the Property and has no obligation to become involved in any dispute between the Property Owner and Guest about damage issues.
C. If the Property Owner has required the Guest to deposit a Refundable Damage Deposit, the Property Owner may use a portion or all of the Refundable Damage Deposit necessary to fix, repair or replace such damage. If there is damage that exceeds the amount of the Refundable Damage Deposit, the Property Owner and Guest shall solely work out the issue. LMVR has no interest in the Refundable Damage Deposit, has nothing to do with any damage to the Property and has no obligation to become involved in any dispute between the Property Owner and Guest about damage issues.
8. RIGHTS AND OBLIGATIONS OF LMVR.
A. LMVR may change, suspend or discontinue any aspect of our Service at any time, including the layout and the availability of any Site features, database or content without any prior notice or liability.
B. We may disclose your personal information and associated records to enforce our policies, as necessary to satisfy our tax or other regulatory reporting requirements, or where we are permitted (or believe in good faith that we are required) to do so by applicable law, such as in response to a subpoena or other legal request, in connection with actual or proposed litigation, or to protect and defend our property, people and other rights or interests.
C. Our Service (including the Site) is owned by us. All content that appears on our Service is protected by copyright and other applicable intellectual property rights. To the maximum extent permitted by law, reproduction of the Site, in whole or in part, including the copying of text, graphics or designs, is prohibited.
9. NOTIFICATIONS OF INFRINGEMENT OF INTELLECTUAL PROPERTY – DMCA NOTICES. We respect the intellectual property rights of others and expects all Users to do the same. LMVR has and enforces a policy of not permitting Users to post any materials that infringe the copyrights or trademark rights of others, and we reserve the right to remove any Content for which it receives an infringement complaint. Under appropriate circumstances LMVR will terminate the account of subscribers and account holders who are repeat infringers. Please refer to our DMCA Policy if you believe someone is infringing on your copyrights and/or trademark on our Service or Site.
10. NO WARRANTY, “AS IS”, LMVR’S LIMITED LIABILITY.
B. IN NO EVENT WILL LMVR, OUR PARTNERS, ANY OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES OR ANY THIRD- PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON OUR SERVICE (INCLUDING THE SITE) OR ANY THIRD PARTY PAYMENT SERVICE PROVIDER (EACH A “THIRD-PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, COMPENSATORY, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) OUR SERVICE, (C) THIS AGREEMENT, (D) ANY BREACH OF THIS AGREEMENT BY YOU OR A THIRD PARTY, (E) USE OF OUR SERVICE, TOOLS OR OTHER SERVICES WE PROVIDE, OR ANY THIRD PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON OUR SERVICE, BY YOU OR ANY THIRD PARTY, (F) ANY USER-CONTRIBUTED CONTENT, (G) ANY PROPERTY(IES) THAT THE PROPERTY OWNERS MAKE AVAILABLE AND PROVIDE TO YOU FOR RENTAL, (H) THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES OR NEGLIGENCE OF ANY SUCH PROPERTY OWNERS; (I) ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING FROM THE PROPERTY, YOUR OCCUPANCY AND USE OF THE PROPERTY, OR FROM ANY ACTIONS OF THE PROPERTY OWNERS, (J) THE INTERACTION BETWEEN OUR SERVICE AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR SERVICE AND/OR (K) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION (EVEN IF WE OR ANY THIRD PARTY PROVIDER RECEIVES A FEE IN CONNECTION THEREWITH) BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
C. IN ALL EVENTS, OUR LIABILITY AND THE LIABILITY OF ANY AFFILIATE TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH OUR SERVICE OR ANY OF THE CIRCUMSTANCES IN SECTION 10(B), IS LIMITED TO THE LESSER OF (X) $500 OR (Y) THE TOTAL AMOUNT OF FEES YOU PAY TO US IN CONNECTION WITH ANY TRANSACTION FROM WHICH A DISPUTE ARISES.
D. This limitation of liability reflects the allocation of risk between you and us. The limitations specified in this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed its essential purpose. The limitations of liability provided in this Agreement inure to the benefit of LMVR.
11. INDEMNIFICATION.
A. To the maximum extent permitted by applicable law, you agree to release, defend (at LMVR’s option), indemnify, and hold harmless LMVR and our affiliates, and our respective affiliates and personnel (the “LMVR Indemnitees”) from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of this Agreement or our other rules and policies, (ii) your improper use of our Service, (iii) your interaction with any other Guest or Property Owner, any booking or stay at a Property, including without limitation any injuries, losses or damages of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your breach of any laws, regulations or third party rights. In the event that we agree that you may defend the LMVR Indemnitees, you agree not to consent to the entry of any settlement or judgment without LMVR’s prior written consent.
C. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR.”
12. TERMINATION.
A. Without limiting any of its rights set out below, LMVR may terminate this Agreement and your Account at any time upon without advance notice to the Guest in the exercise of its sole and absolute discretion. We will inform you of such termination via your email address after said termination is effective. You may terminate this agreement at any time by deleting your account.
B. In furtherance of the foregoing, LMVR reserves the right to take all actions to reasonably ensure sound and responsible rental practices, including but not limited to situations creating a nuisance in communities, failure to abide by rental laws, and other actions that may be appropriate or necessary to preclude harm or detriment to others or the short term rental industry.
C. All of the actions of LMVR taken under this Section will be done without advance notice to the Property Owner unless otherwise determined in the exercise of LMVR’s absolute and exclusive discretion and without the right to appeal.
13. UNITED STATES DISPUTES AND ARBITRATION.
A. This Section and the Arbitration Agreement applies to you if your country of residence or establishment is the United States or if the terms and conditions regarding applicability set forth in this Section 13A are satisfied. Please read this Section carefully. It requires that any and all claims be resolved by binding arbitration or in small claims court, and it prevents you from pursuing a class action or similar proceeding in any forum. Arbitration is required if your country of residence enforces arbitration agreements, including without limitation, the United States. If you are outside the United States but attempt to bring a claim in the United States, arbitration is required for determination of the threshold issue of whether this dispute resolution Section 13 applies to you, as well as all other threshold determinations, including residency, arbitrability, venue, and applicable law. If your country of residence does not enforce arbitration agreements, the mandatory pre-arbitration dispute resolution and notification and prohibition on class actions or representative proceedings provided below still apply to the extent enforceable by law.
B. We are committed to resolving consumer disputes in a timely and efficient manner. We have a two-step dispute resolution process that includes: (i) investigation and negotiation of your claim with our customer service team; and, if necessary, (ii) binding arbitration administered by the American Arbitration Association (“AAA”) or, for arbitrations outside of the United States, an agreed upon arbitral tribunal. You and us each retain the right to seek relief in small claims court as an alternative to arbitration.
C. Agreement to arbitrate (“Arbitration Agreement”). You and we mutually agree that any disputes between us arising out of or relating in any way to our Service (including the Site), this Agreement, our Privacy Policy, any products or services provided by us, any dealings with our customer support agents, or any representations made by us (“Claims”), will be resolved by binding arbitration, rather than in court except those resolved in small claims court. This includes any Claims you assert against us, or any companies offering products or services through or on behalf of us (including our Service) (which are beneficiaries of this Arbitration Agreement).
D. This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against, any third parties, including but not limited to your spouses, heirs, third- party beneficiaries, and assigns, where their underlying claims are in relation to your use of the Services or the Site. To the extent that any third-party beneficiary to this Agreement brings claims against the entities covered by this Agreement, those claims shall also be subject to this Arbitration Agreement. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including without limitation the existence, scope, or validity of the Arbitration Agreement, any defense to arbitration such as issues relating to whether this Arbitration Agreement can be enforced, is unconscionable or illusory, and any defenses to arbitration, including without limitation jurisdiction, waiver, delay, laches, or estoppel.
E. Small claims court matters. Notwithstanding the foregoing arbitration provisions, either you or we may bring any Claim in, or remove any Claim to, small claims court if the Claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any Claims on a class or representative basis, or to consolidate or join the Claims of other persons or parties who may be similarly situated in such proceeding. Further, if the Claims asserted in any demand for arbitration is within the small claims court’s jurisdictional limit, then either you or us may elect to have the Claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, or in accord with the AAA rules, by notifying the other party of that election in writing.
F. No class actions or representative proceedings. You and we agree that any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action, including without limitation as a private attorney general. The arbitrator may not consolidate more than one party’s Claims and may not otherwise preside over any form of any class or representative proceeding. You and we further acknowledge that you are each waiving your right to a jury trial.
G. Arbitration rules and governing law. This Arbitration Agreement is a “written agreement to arbitrate” evidencing a transaction in interstate commerce. The Federal Arbitration Act (“FAA”) governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the AAA’s Consumer Arbitration Rules or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at ADR. The arbitrator shall apply the law of the state of Oklahoma, regardless of conflict of laws principles, except that the FAA governs all provisions relating to arbitration. Foreign laws do not apply. This Arbitration Agreement can only be amended by mutual agreement in writing.
H. Mandatory pre-arbitration dispute resolution and notification. Prior to initiating arbitration, you agree to give us the opportunity to resolve any Claims by notifying us of the Claim in writing and attempting in good faith to negotiate an informal resolution. You must send, by certified mail, a written and signed Notice of Dispute (“Notice of Dispute”) addressed to: Legal Department/Dispute Resolution, LMVR, 2424 N. Broadway, Ste 554, PMB 328187, Edmond, OK 73034-4172. The Notice of Dispute must contain the following information: (1) your name, (2) your address, (3) the email address associated with your user account, (4) a brief description of the nature of your complaint, (5) the resolution that you are seeking, and (6) your signature. If we are not able to resolve your complaint within 60 days of you providing a Notice of Dispute, you may commence an arbitration proceeding. Engaging in this pre- arbitration dispute resolution and notification process is a requirement that must be fulfilled before commencing arbitration. AAA does not have authority to administer or adjudicate the Claim unless and until all pre-arbitration dispute resolution and notification requirements have been met. The statute of limitations shall be tolled while the parties engage in the dispute resolution process required by this Section.
I. Commencing arbitration. To initiate arbitration, you must file the demand with the AAA as specified in the AAA Rules. The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at ADR or by calling the AAA at 1-800-778-7879. A party initiating an arbitration against us must send the written Demand for Arbitration to Legal Department/Dispute Resolution, LMVR, 2424 N. Broadway, Ste 554, PMB 328187, Edmond, OK 73034-4172, concurrent with filing the Demand with AAA. Arbitration shall be conducted by a single arbitrator selected in accordance with the AAA Rules or by mutual agreement between you and us. The Arbitration shall be held either: (i) at a location in Bryan County, OK; or (ii) at such other location as may be mutually agreed upon by you and LMVR; or (iii) via videoconference; or (iv) at your election, if the only claims in the arbitration are asserted by you and are for less than $5,000 in aggregate, by telephone or by written submission.
J. Attorneys’ fees and costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules, and where appropriate, limited by the AAA Rules. In order to initiate arbitration, each party will be responsible for paying the filing fees required by the AAA, which are approximately equivalent to current court filing fees. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, or you would otherwise be eligible for a fee waiver in court, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation, regardless of the outcome of the arbitration, unless the arbitrator determines that your Claim(s) were frivolous or asserted in bad faith. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
K. Arbitrator’s decision. There is no judge or jury in arbitration, and court review of an arbitration award is limited under the FAA. The arbitrator’s decision will include the essential findings and conclusions on which the arbitrator bases the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
L. Severability and survival. If any portion of this Section 13 (United States Disputes and Arbitration) is found to be unenforceable or unlawful for any reason, (1) such portion will be severed and the remainder of Section 13 will be given full force and effect; and (2) to the extent that any Claims must therefore proceed on a class, collective, consolidated, or representative basis, such Claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual Claims in arbitration.
14. GENERAL.
A. The headings to the Sections are for ease of reference only and do not affect the interpretation or construction of this Agreement. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision. In addition, LMVR's failure to enforce any provision of this Agreement shall not be deemed as a waiver of such term or otherwise affect LMVR's ability to enforce such provision at any point in the future. Except as expressly provided in any separate agreement or in any additional terms for certain areas of the Site, this Agreement constitutes the entire agreement between Property Owner and LMVR with respect to the use of our Service. No changes to this Agreement shall be made except by a revised posting on this page.
B. This Agreement is governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Oklahoma, without regard to principles of conflicts of laws.
C. If any provision (or part provision) of this Agreement is found by a court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision (or part provision) shall, if required, be deemed not to form part of this Agreement with you. In such a case, the validity and enforceability of the other provisions shall not be affected.
D. We may, and you may not, assign, subcontract or delegate rights, duties or obligations under this Agreement. However, we will not do so in such a way as to reduce any rights or guarantees you have under this Agreement. LMVR reserves the right to transfer this Agreement, and to assign or subcontract, or sublicense any or all of its rights and obligations under this Agreement, to a third party or to any other entity affiliated with us but will not do so in such a way as to reduce any guarantees given to Property Owner under this Agreement.
E. Except as expressly stated in this Agreement we do not intend any part of this Agreement to be enforceable by any person who is not a party to this Agreement. No third-party's consent shall be required for the waiver, variation or termination of any part of this Agreement. This Agreement do not give rise to any rights under any applicable laws or regulations in relation to rights of third parties to enforce any part of this Agreement.
F. Any provision of this Agreement, which expressly, or by its nature, imposes obligations beyond the expiration, or termination of this Agreement, shall survive such expiration or termination.
LMVR recommends that the Guest SAVE & PRINT a copy of this Agreement.
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