Terms and Conditions
Last Updated: January 2024
1. Agreement to Terms
Welcome to Oakwood Living ("Company", "we", "our", "us"). These Terms and Conditions ("Terms") govern your access to and use of our website located at your-domain.com (the "Website") and all related services, features, content, and applications offered by Oakwood Living.
By accessing or using our Website, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our Website or use our services.
2. Definitions
For purposes of these Terms:
- "User", "you", or "your" refers to the individual or entity accessing our Website.
- "Services" refers to all services, information, and features provided through our Website.
- "Content" means text, images, graphics, videos, audio, software, and other materials available on our Website.
- "Properties" refers to residential accommodations and living spaces offered through Oakwood Living.
3. Use of Service
3.1 Eligibility
You must be at least 18 years old to use our Services. By using our Website, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.
3.2 Account Registration
Certain features of our Services may require you to register for an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security of your password and account credentials
- Accept all responsibility for activities that occur under your account
- Notify us immediately of any unauthorized access or security breach
3.3 License to Use
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website for personal, non-commercial purposes.
4. Prohibited Uses
You agree not to use our Website for any unlawful purpose or in any way that could damage, disable, or impair our Services. Specifically, you may not:
- Violate any applicable local, state, national, or international law
- Infringe upon or violate our intellectual property rights or those of others
- Transmit any harmful code, viruses, malware, or other malicious software
- Engage in unauthorized framing or linking to our Website
- Use automated systems (bots, scrapers) to access our Website without permission
- Attempt to gain unauthorized access to any portion of our Website or systems
- Harass, abuse, or harm other users or our staff
- Impersonate any person or entity or misrepresent your affiliation
- Interfere with or disrupt our Services or servers
- Collect or store personal data about other users without consent
- Use our Services for any fraudulent or deceptive purpose
5. Intellectual Property Rights
5.1 Our Property
All content, features, and functionality on our Website, including but not limited to text, graphics, logos, images, videos, software, and compilation thereof (collectively, "Our Content"), are the exclusive property of Oakwood Living or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
5.2 Trademarks
The Oakwood Living name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Oakwood Living or its affiliates. You may not use such marks without our prior written permission. Other names, logos, and brands are property of their respective owners.
5.3 Restrictions
You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from our Website, except as incidental to normal web browsing or as expressly permitted in these Terms.
6. User-Generated Content
6.1 Your Responsibilities
If you submit, post, or transmit any content through our Website ("User Content"), you are solely responsible for such content. You represent and warrant that you own or have necessary rights to your User Content and that it does not violate these Terms or any applicable laws.
6.2 License Grant
By submitting User Content, you grant Oakwood Living a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media for purposes of operating and promoting our Services.
6.3 Content Monitoring
We reserve the right, but have no obligation, to monitor, edit, or remove any User Content that we determine violates these Terms or is otherwise objectionable, at our sole discretion.
7. Privacy
Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and protect your personal information. By using our Website, you consent to our collection and use of information as described in our Privacy Policy.
8. Bookings and Payments
8.1 Reservations
All property bookings made through our Website are subject to availability and confirmation. We reserve the right to refuse or cancel any reservation at our discretion.
8.2 Pricing
All prices are listed in U.S. Dollars unless otherwise stated and are subject to change without notice. We strive to provide accurate pricing information but are not responsible for typographical or other pricing errors.
8.3 Payment Terms
Payment is required according to the terms specified during booking. You agree to provide current, complete, and accurate payment information and authorize us to charge your selected payment method.
8.4 Cancellations and Refunds
Cancellation and refund policies vary by property and booking type. Specific terms will be provided at the time of booking and are incorporated into your agreement with us.
9. Third-Party Links and Services
Our Website may contain links to third-party websites or services that are not owned or controlled by Oakwood Living. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of any third-party content, goods, or services.
10. Disclaimers
YOUR USE OF OUR WEBSITE AND SERVICES IS AT YOUR SOLE RISK. OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
To the fullest extent permitted by law, Oakwood Living disclaims all warranties, express or implied, including but not limited to:
- Implied warranties of merchantability and fitness for a particular purpose
- Non-infringement of intellectual property or other rights
- Accuracy, reliability, or completeness of content
- Uninterrupted, secure, or error-free operation
- Freedom from viruses or other harmful components
We do not warrant that defects will be corrected or that our Website or servers are free of viruses or other harmful components. No advice or information obtained from us or through our Services shall create any warranty not expressly stated in these Terms.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OAKWOOD LIVING, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your access to or use of or inability to access or use our Website or Services
- Any conduct or content of any third party on our Website
- Any content obtained from our Website
- Unauthorized access, use, or alteration of your transmissions or content
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
12. Indemnification
You agree to defend, indemnify, and hold harmless Oakwood Living and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:
- Your violation of these Terms
- Your use of our Website or Services
- Your violation of any rights of another party
- Your User Content
- Your violation of any applicable laws or regulations
13. Termination
13.1 Our Rights
We may terminate or suspend your account and access to our Website immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination, your right to use our Website will immediately cease.
13.2 Effects of Termination
All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13.3 Your Rights
You may terminate your account at any time by discontinuing use of our Website and Services. If you have a registered account, you may request account deletion by contacting us.
14. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the United States and the State in which Oakwood Living maintains its principal place of business, without regard to its conflict of law provisions.
You agree to submit to the personal and exclusive jurisdiction of the courts located within said State for the resolution of any disputes arising out of or relating to these Terms or our Services.
15. Dispute Resolution
15.1 Informal Resolution
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or our Services, you agree to first contact us and attempt to resolve the dispute informally by sending written notice to our contact address provided below.
15.2 Binding Arbitration
If we cannot resolve a dispute informally within sixty (60) days, any remaining dispute shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in the English language in the State where Oakwood Living maintains its principal place of business.
15.3 Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between you and Oakwood Living individually. To the fullest extent permitted by law, you agree that no arbitration or proceeding shall be joined with any other, no dispute shall be arbitrated on a class-action basis, and you waive any right to participate in a class-action lawsuit or class-wide arbitration.
15.4 Exceptions
Notwithstanding the above, either party may seek equitable relief in court for infringement or other misuse of intellectual property rights.
16. Changes to Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes, we will provide notice by posting the updated Terms on our Website and updating the "Last Updated" date at the top of this page.
Your continued use of our Website after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using our Website and Services.
17. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.
18. Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
19. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on our Website, constitute the entire agreement between you and Oakwood Living regarding your use of our Website and Services, and supersede all prior agreements and understandings.
20. Contact Information
If you have any questions, concerns, or comments about these Terms, please contact us:
21. Acknowledgment
BY USING OUR WEBSITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR WEBSITE OR SERVICES.