TDY Lodging ~ Member Terms & Conditions

Membership Terms & Conditions

Foreward
By using or accessing TDYLodging.com (individually, the "Site"), you acknowledge that you agree to and are subject to the following terms and conditions (the "Terms"). If you do not fully agree to these Terms, you may not access or otherwise use the Site. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between You ("You", "Your", "User", "Member"), and TDYLodging.com. ("TDY Lodging", "TDY Lodging LLC", "we", "us" or "our", "Company").

Quality of Content
Quality of postings is very important to us, therefore TDY Lodging LLC has established Terms and Conditions.  The user who adds content, either text or pictorials, can be held accountable and the listing can be terminated from the site.  A violation of the Terms and Conditions may result in the removal of an user's listing at the user's expense. TDY Lodging LLC shall not be required: to give a warning for removal of a listing or refund.  Please carefully review the content you submit and use good judgment.

In order to keep TDYLodging.com a Web site of high quality content for respectable users, we use a content filter. As an owner, make sure your listing is attractive and contains valid & accurate information. This will make your property appear more desirable.

Fair Housing Information
TDY Lodging LLC recommends that all users abide by the Fair Housing and Equal Opportunity (FHEO) guidelines established under Federal Law and governed by the US Department of Housing Development. All real estate advertised herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination". We will not knowingly accept any advertising for real estate which is in violation of this law or any State or local fair housing laws. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis.

Acceptance of Terms of Use & Member Terms and Conditions
By accepting the Terms & Conditions contained herein, you hereby agree to the TDYLodging.com Terms of Use.

Basic Terms & Conditions
1.All listings will be reviewed by a representative prior to publication.
2.TDY Lodging LLC will verify all information on the Member listing prior to publishing the page online to include but not limited to: location, website address, phone number, business entity information, and content of the posting. 
3.As a user you may edit your listing at any time.  Please be aware that TDY Lodging LLC will from time to time inspect the content and quality of your property listing in order to verify compliance with the guidelines contained herein.
4.Each Property page must be associated with one physical property for the term of subscription and cannot be used to market multiple properties throughout the year. 
5.To prevent a conflict of interest and because TDY Lodging LLC owns property in Sierra Vista, AZ, the listing of properties within 25 miles of Sierra Vista, AZ is prohibited without prior approval from the TDY Lodging General Manager.   If you are a Hotel or Apartment Complex in Sierra Vista, AZ, please contact us for Membership information.  All other cities are fully open to marketing subscriptions and will be fully honored for the selected location & term.
 

General Guidelines:
1.Equal Housing Opportunity.  No Discriminatory postings (no discrimination against race, color, religion, sex, handicap, familial status, or national origin). 
2.All properties described as "Furnished" must be Fully Furnished with furniture, beds, linens, and include All Utilities.
3.No roommate ad postings. 
4.No For Sale postings.
5.No Mobile Homes (Site-Built Properties Only).
6.Ad may Not include an email address
a. (website address is ok if a Silver, Gold, or Affiliate Partner)
b.Bronze level members may not include their website address on their listing (or a masked website address).  Bronze level member interested in posting an external website address should upgrade to a higher Member level.
7.No Generic Postings-each property page must be for a single location.  Our software & engineers will verify all listings to ensure content on each property page is specific to a single property address.
8.All TDY Lodging LLC Affiliates who opt to use the "website link" feature of the TDY Lodging property pages, must have  websites which meet the following criteria:
a.Be content-based, not simply a list of links or advertisements, nor can the site be centered around making money off of our Advertisers
b.Be written in English and contain only English language content
c.Be fully functional at all levels, at all times; no "under construction" sites or sections
d.No Racial, ethnic, political, hate-mongering or otherwise objectionable content
e.No Investment, money-making opportunities or advice not permitted under law
f.No Gratuitous violence or profanity
g.No Material that defames, abuses, or threatens physical harm to others
h.No Promotion of illegal substances or activities such as illegal online gambling, how to build a bomb, counterfeiting money, etc.
i.No Software Pirating (e.g., Warez, Hotline)
j.No Hacking or Phreaking.
k.No Any illegal activity whatsoever
l.No Any spoofing, redirecting, or trafficking from adult-related websites in an effort to gain traffic
9.TDY Lodging LLC Company actively monitors traffic for Fraud. If we detect fraud, your account will be made inactive pending further investigation.

Termination
This Agreement shall commence upon your acceptance and remain in effect until terminated. This Agreement may be terminated by either Party upon three (3) days' notice. This Agreement shall terminate immediately upon the dissolution or insolvency of either Party. Company reserves the right, in its sole and absolute discretion, to terminate a Program and remove any advertisements at any time for any reason, upon notice to You. Company also reserves the right to terminate Your access to the Site at any time without notice.
Termination notice will be provided via e-mail and will be effective immediately. All legitimate moneys due to Affiliate will be paid during the next billing cycle. If Affiliate defrauds the system, then payment is revoked as determined solely by Company. The representations, warranties and obligations contained in paragraphs shall remain in full force and effect.

Representations and Warranties
1.You represent and warrant that: Your listing will be in compliance with all applicable laws and does not contain or promote, nor links to another website that contains, libelous, defamatory, abusive, violent, prejudicial, obscene, sexually explicit or illegal content;
2.You agree not to promote via website or link to websites containing any pornographic, racial, ethnic, political, software pirating (e.g. Warez) or hacking, hate-mongering, or otherwise objectionable content;
3.You agree not to engage in any illegal activity, in accordance with Federal Law, whatsoever, is not allowed;
4.You own or have the legal right to use and distribute all content, copyrighted material, products, and services displayed uploaded onto TDYLodging.com; You agree to not use deceit when marketing or presenting offers to consumers; You have the right, power, and authority to enter into this Agreement and grant the rights specified herein;
You acknowledge that Company does not represent, warrant, or make any specific or implied promises as to the successful outcome of any Programs;

Limitation of Liability; Disclaimer of Warranty
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE, OPERATION OF A PROGRAM, OR YOUR DISPLAY OF ANY PROGRAM CREATIVE ON YOUR MEDIA, INCLUDING BUT NOT LIMITED TO BROKEN IMAGES, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE INFORMATION, CONTENT AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. YOU USE THE SITE AND RUN PROGRAMS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE, THE INFORMATION, SERVICES, AND CONTENT INCLUDED ON THE SITE AND PROVIDED BY COMPANY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE OR PROVIDED BY COMPANY IS ACCURATE, COMPLETE OR CURRENT

Indemnity
You shall indemnify, defend and hold Company harmless from and against any and all claims, allegations, liabilities, costs and expenses (including reasonable attorneys' fees) by third parties arising out of Your: (a) improper use of the Site; (b) improper operation of a Program; or (c) breach or violation of this Agreement. Company shall indemnify, defend and hold You harmless from and against any and all claims allegations, liabilities, costs and expenses (including reasonable attorneys' fees) by third parties arising out of any actual infringement of intellectual property rights resulting from Your display of Company's advertising creative provided in connection with operating a Program

Assignment and Jurisdiction
Company may assign this Agreement to a subsidiary or business successor. You may not assign this Agreement without the prior written consent of Company, which shall not be unreasonably withheld. This Agreement shall be construed and governed by the law of the state of California. You expressly consent to the exclusive venue and personal jurisdiction of the state and federal courts located in Ventura County, California for any actions arising from or relating to this Agreement.

Severability
If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.

Arbitration
In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof, the Parties shall use the following procedure:  A meeting shall be held within seven (7) days of request (made pursuant to the section labeled "Arbitration" and entitled "Notice" below) among the Parties, attended by individuals with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute. At the request of either Party, the meeting shall be conducted by teleconference or telephone.

Attorney's Fees
Company shall be entitled to an award of its reasonable costs and expenses, including attorneys' fees, in any action or proceeding arising out of this Agreement.

Miscellaneous
This Agreement contains the sole and entire agreement and understanding between the Parties relating to the subject matter herein, and merges all prior discussions, whether through officers, directors, salespersons, employees or consultants. Each Party is an independent contractor and not a partner, joint venture or employee of the other. All notices shall be sent to the addresses submitted by You when signing up for the service by certified mail, fax, email or courier. Company reserves the right to change any conditions of this contract at any time, with or without notice.