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DRV Holdings, LLC d/b/a Lodging Interactive ("Lodging Interactive") will furnish Client with an online subscription to utilize its Guest Review System (the "Services"). The Services include the ability for each Client to create one (1) account for their business to collect guest reviews and user generated content.
Client will be given a free trial of the Services after Client completes the online subscription (the "Free Trial"). Upon logging on to the site after the expiration of the Free Trial, Client will be given a link or will receive an email direct Client to an online form to provide billing details. From this information an invoice will be generated. Client's account will be disabled upon conclusion of the Free Trial, but will be enabled again upon payment of the invoice.
Upon making the first monthly payment to Lodging Interactive the Client's term will renew automatically monthly so long as Client makes ongoing monthly payments to Lodging Interactive.
Client may terminate this Agreement at anytime and shall not be entitled to a refund of payments made, unless such termination results from Lodging Interactive's failure to provide the Services. Lodging Interactive may terminate this Agreement for cause and Client shall not be entitled to a refund of payments made. Upon expiration of this Agreement or earlier termination, either by Lodging Interactive for cause or Client for any reason, Lodging Interactive will delete and purge all Client links and user information within ten (10) days of the expiration or earlier termination.
Lodging Interactive will invoice Client for utilization of the Services. Upon receipt of full payment for Services, Lodging Interactive will enable a pending or suspended Client account. Lodging Interactive must receive monthly payments within 15 days of billing invoice or the Client’s account may be de-activated until such time as the Client outstanding balance is paid.
From time to time, delivery of Service may not be available due to scheduled maintenance or unscheduled system outages. ("Limited Outages") Such Limited Outages do not constitute Lodging Interactive's failure to provide the Services.
LODGING INTERACTIVE PROVIDES NO WARRANTY OR REPRESENATIONS OF ANY KIND. LODGING INTERACTIVE EXPRESSLY DISCLAIMS ALL WARRANTIES, OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLIENT AGREES THAT IN NO EVENT SHALL LODGING INTERACTIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES,
PARTNERS, MEMBERS, SHAREHOLDERS, SUBSIDIARIES, AND OTHER AFFILIATES (THE "AFFILIATE GROUP") BE LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THIS AGREEMENT OR CLIENT'S USE OF THE SERVICES, INCLUDING ANY LOSS OR DAMAGES ARISING FROM LIMITED OUTAGES AND THE DELETION OR PURGING OF CLIENT LINKS AND USER INFORMATIONUPON EXPIRATION OR TERMINATION OF THE AGREEMENT.
FURTHER, THE AFFILIATE GROUP SHALL HAVE NO LIABILITY FOR LOSS PROFITS, OR SPECIAL, INCIDENTAL, OR CONSEQUENCIAL DAMAGES, FORESEEABLE OR NOT, ARISING OUT OF OR IN CONNECTIONS WITH THE AGREEMENT OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAAGES RESULT FROM THE FAILURE OR INADEQUACY OF ANY EXCLUSION OR OTHER REMEDY.
Lodging Interactive reserves the right to suspend or terminate Services at any time. In the event that Lodging Interactive suspends or terminates Services, Lodging Interactive's liability will not exceed an amount equal to that portion of the subscription fee representing the balance of the Subscription or Renewal Term in effect. The provisions of this section shall survive the termination or expiration of this Agreement.
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