Welcome, and thank you for your interest in Lemon Spaces (“Lemon Spaces,” “we,” or “us”) and our website at www.lemonspaces.com, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service(s)”). These Terms of Service (together with the Additional Terms (defined in Section 18.5), the “Agreement”) govern your use of the Service and Properties (defined in Section 1). This Agreement is a legally binding contract between you and us regarding your use of the Service and Properties. Failure to use the Service or Properties in accordance with this Agreement may subject you to civil and criminal penalties.
BY CLICKING “I ACCEPT” (OR WORDS TO SIMILAR EFFECT) BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE OR PROPERTIES, OR BY SIGNING A SEPARATE AGREEMENT WITH Lemon Spaces THAT EXPRESSLY INCORPORATES BY REFERENCE THIS AGREEMENT, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE OR PROPERTIES, YOU AGREE TO BE BOUND BY, THIS AGREEMENT. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN YOU DO NOT HAVE OUR PERMISSION OR ANY RIGHT TO USE THE SERVICE OR PROPERTIES. YOUR USE OF THE SERVICE OR PROPERTIES, AND OUR PROVISION OF THE SERVICE TO YOU AND EXPRESS LICENSE OR PERMISSION FOR YOU TO USE THE PROPERTIES (IF APPLICABLE), CONSTITUTE AN AGREEMENT BETWEEN US AND YOU TO BE BOUND BY THIS AGREEMENT.
Lemon Spaces acquires rights and/or interests in accommodation for the onward supply of accommodation to travelers staying in Egypt. We provide information on physical properties managed, owned, licensed, leased, rented, and/or developed by us or any of our affiliates (each a "Property" and collectively the "Properties" ). You may use the Service to make legitimate reservations for certain Properties for short-term rentals, longer-term accommodations (each an "Extended Stay Reservation") in all cases, only in accordance with the terms and conditions of this Agreement. The "Service(s)" excludes any and all Properties and any and all rights of use or possession therein or thereof, but includes services provided by us or a third party service provider to you on or around a Booked Property (defined in Section 6.2) in connection with your permitted use of the Properties (if applicable), whether you reserve such Properties directly from us or a third party ("On-Site Services"”).
Other Lemon Spaces entities ("Lemon Spaces Support Entities") may provide Services, including concierge, housekeeping, customer support, and other support services in connection with your use of the Properties. Lemon Spaces Support Entities do not have any authority or obligation to provide Services or Property under the contract with you. Similarly, you do not have a contractual relationship with Lemon Spaces Support Entities. Lemon Spaces Support Entities are not authorized to act as an agent for any Supplier of Record.
You must be at least 18 years old to use the Service. By agreeing to this Agreement, you represent and warrant to us that: (a) you are (i) at least 18 years old, are an emancipated minor, or possess legal parental or guardian consent to agree to this Agreement; and (ii) fully able and competent to enter into this Agreement; (b) you have not previously been suspended or removed from the Service or any of our Properties; and (c) your Registration (defined in Section 3) and your use of the Service and our Properties is and will be in compliance with any and all applicable laws, rules, and regulations. If you are an organization (e.g., a company or school), the individual accepting this Agreement on your behalf represents and warrants that he or she has the authority to bind you to this Agreement and you agree to be bound by this Agreement.
Account Registration To access certain features of the Service, you may be required to register for an account (collectively, "Register"; and such process of Registering, "Registration") and/or to enter into a membership agreement, sublease agreement, extended stay agreement, limited use agreement or other type of agreement or order form signed by us and you and made under and part of this Agreement ("Order Form"). When you Register, you may be required to provide us with some information about yourself, such as your name, email address, date of birth, and other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you Register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
Certain features of the Service may require you to pay one-time and/or recurring fees. Before you pay any such fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable, unless expressly provided otherwise in writing by us.
We reserve the right to determine pricing for the Service and any products we offer for sale, including, without limitation, for On-Site Services, or Properties that you may reserve or subscribe to through the Service. We will make reasonable efforts to keep pricing information that is published on our website up to date, but may not necessarily provide all specific pricing information online. We encourage you to check our website periodically for current pricing information. We may change any of this pricing information (including by adding applicable taxes, fees or charges) at any time. We, in our sole discretion, may make promotional offers with different features and different pricing to any of our customers. These promotional offers, unless made to you, will not apply to you or this Agreement.
If you request a reservation or purchase certain Services, including for On-Site Services, you will be notified of the currency in which you will be charged. This currency will be determined by us based on the Applicable Payment Method (defined in Section 5.3) and other factors in our reasonable discretion, such as the location of the Property that you are trying to reserve or subscribe to. For your convenience and if the currency you will be charged in is not the same as the currency applicable in your country, we may provide you with an indication of how much the price would approximately be in your own currency. Such indication is merely indicative, not binding, and will depend on the applicable exchange rate of the day. You acknowledge that the applicable exchange rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) we update the applicable exchange rate on a regular, but not real-time, basis; and (ii) the applicable exchange rate may include an incremental cost or margin that is not included in the applicable market rate.
You authorize us to charge all applicable sums (including any applicable one-time and/or recurring security deposits, reservation fees, subscription fees, and other Service fees, including for On-Site Services) for the reservations, subscriptions, and/or other purchases that you make through the Service and, in accordance with Section 7.7, for the Damaged Property Fee (defined in Section 7.7), including all applicable taxes (e.g., goods and services tax, sales tax, value added tax, city taxes, hotel and occupancy tax, etc.), to the payment method specified in your account or that you otherwise indicate when you submit such reservation or enter into a Membership Agreement, Extended Stay Agreement and/or other Order Form to or with us (the "Applicable Payment Method"). Additionally, if the Applicable Payment Method is a credit card, then: (a) we may seek pre-authorization of your credit card account prior to completing your reservation or entering into a Membership Agreement, Extended Stay Agreement or other Order Form with you to verify that the credit card is valid and has the necessary funds or credit available to cover your reservation, subscription, any security deposit or other purchase, or any potential Damaged Property Fee that may apply; and (b) you authorize us to place a hold on such credit card for sums sufficient to cover any applicable Damaged Property Fee and any other fees that you owe us under this Agreement. To the extent that Lemon Spaces is charged any service fees in connection with your use of the Applicable Payment Method, you shall be responsible for such fees.
Cancellations for Reservations. We will charge all applicable sums due for Reservations that you make through the Service at the time such reservations are requested. You may cancel a completed Reservation at any time, and will be entitled to a refund, subject to the version of our cancellation policy posted on our website and effective at the time your reservation was completed. Our cancellation policy is available online.
Cancellations for Extended Stay Reservations. We will charge all applicable sums due for an Extended Stay Reservation at the time the applicable Extended Stay Agreement is fully executed by you and us. You may cancel your reservation request at any time before the applicable Extended Stay Agreement is fully executed. Once an Extended Stay Agreement is fully executed, you may not cancel the applicable reservation, except as may be otherwise expressly provided in such Extended Stay Agreement or other Order Form.
Modifications for Reservations. You may be able to modify your Reservation, subject to additional Taxes, fees and charges, for example, by purchasing additional services and amenities (e.g., paid parking and extra cleaning services) or by modifying the applicable services or dates of your existing reservation. For the avoidance of doubt, if you modify or extend the dates of your Reservation, you will be charged the applicable Property’s then-current market rate, which may be different (higher or lower) than the rates applicable to your existing reservation, for the modified dates. You will have an opportunity to review and accept any additional fees and/or charges prior to modifying such reservation.
Modifications for Extended Stay Reservations. You may be able to modify portions of an Extended Stay Reservation, subject to any additional Taxes, fees and charges, for example, by purchasing or cancelling additional services and amenities (e.g., paid parking and extra cleaning services). You will have an opportunity to review and accept any such additional fees and/or charges prior to modifying the same. You may not however, modify the terms of any Extended Stay Agreement, including the dates or term of your reservation, except as expressly set forth in such Extended Stay Agreement or Order Form.
If you repeatedly cancel or attempt to cancel confirmed reservations or purchased subscriptions, we reserve the right in our sole discretion to temporarily or permanently suspend or terminate your access to the Service.
We may suspend or terminate your access to the Service or Properties if any amount associated with your account is due but unpaid. In addition, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.
Sales and use tax, VAT, local hotel occupancy tax, tourist tax, city tax, lodging tax and other indirect taxes (“Taxes”) may be imposed on the amount charged for our Services, Properties, and other products offered in certain jurisdictions. The actual tax amount charged may vary depending on the rates in effect at the time of your Period of Occupancy (defined in Section 6.2). Certain local governmental agencies may require Lemon Spaces to collect and remit occupancy taxes based on a percentage of the prices set by Lemon Spaces, a fixed amount per day, or some other method.
Limited License to the Service. Subject to your complete and ongoing compliance with this Agreement, we grant you, solely for your personal (except as expressly provided in this Section 6.1) and non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Service. Notwithstanding the foregoing, if permissible under the laws applicable to the Service or any Booked Property, you may use the Service for non-personal use only if you are an organization and only to reserve Properties, or enter into a subscription, for or on behalf of your organization’s employees, your organization’s students, and/or a third party ("Limited Non-Personal Use"), provided that: (i) you enter into a separate written agreement with us that provides additional terms and conditions governing this Limited Non-Personal Use ("Limited Use Agreement") and such use shall be subject to the terms and conditions of this Agreement and the Limited Use Agreement; (ii) you require each employee, student, and/or third party to agree in writing to be bound by this Agreement; and (iii) you remain responsible and liable for all acts and omissions of each such employee, student, and/or third party to the same extent as if such acts and omissions had been undertaken by you.
Limited License to Properties. Subject to your complete and ongoing compliance with this Agreement and subject to applicable law, we grant you a limited, exclusive (except as expressly provided in this Section 6.2), non-transferable, non-sublicensable (except as expressly provided in this Section 6.2), revocable license to occupy the specific unit at the specific Property for only the specific period of time that you have reserved under a Reservation for personal (except as expressly provided in this Section 6.2) and non-commercial purposes only and for the maximum number of occupants permitted by us, as confirmed in writing by us (a "Confirmation") and provided by us to you by email or other means (such specific type of reserved Property, the "STA/Hotel Property" and such specific reserved period of time, the right of ingress and egress to and from the Property. For the avoidance of doubt, we are not obliged to make the Property available, and a binding contract with respect to the Property is not in place, until such time as you receive the foregoing Confirmation (at which point your reservation is deemed “completed”), and in no event shall you have any rights to renewal, extension, or recurring use of the STA/Hotel Property. You hereby agree to direct any repair, maintenance, and other operational questions, requests, or complaints to Lemon Spaces at the contact information located at https://www.lemonspaces.com and shall not direct any such communications to any Landlord or other non-Lemon Spaces personnel.
Limited Right to Use Extended Stay Properties. This Agreement shall not provide permission or the right to enter or use any Property that is the subject of an Extended Stay Reservation unless and until you enter into an Extended Stay Agreement or you receive a Confirmation from us identifying the applicable Property. For the avoidance of doubt, we are not obliged to make the Extended Stay Property available until such Extended Stay Agreement has been fully executed by you or you have received a Confirmation from us. The Extended Stay Agreement or Confirmation shall contain the terms of the applicable reservation, including the specific unit at the specific Property that is the subject of the reservation (the "Extended Stay Property") and the term of the reservation (the "Extended Stay Period of Occupancy"). In no event shall you have any rights to renewal, extension, or recurring use of the Extended Stay Property, except as required by law. You hereby agree to direct any repair, maintenance and other operational questions, requests, or complaints to Lemon Spaces at the contact information located at https://www.lemonspaces.comand shall not direct any such communications to any Landlord or other non-Lemon Spaces personnel.
If you choose to provide suggestions or any other input regarding problems with, proposed modifications or improvements to, or any other aspect of the Service or Properties ("Feedback"), then you hereby grant us an unrestricted, worldwide, perpetual, irrevocable, non-exclusive, freely transferable and sublicensable (including through multiple tiers), royalty-free, and fully-paid right and license to exploit the Feedback in any manner and for any purpose with no obligation or accounting to you, including to improve the Service and Properties and create other products and services.
If you are prohibited under applicable law from using the Service or any of the Properties (including Booked Properties), you may not use them. You understand and agree that you are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Service and/or Properties. We shall comply with the requirements of the Fair Employment and Housing Act and shall not discriminate based upon any of the protected categories covered in such Act where applicable.
You and your occupants, guest(s), visitors, invitees and any other parties to whom you give access to or use of any Property, including the Booked Property (collectively and individually, "Your Guests") may use only the Booked Property amenities (e.g., fitness room and gym equipment) expressly made available by us for the common and joint use of Lemon Spaces’s members, guests and residents in the applicable Property (collectively, the "Amenities"). Access to such Amenities is not guaranteed and may be limited, revoked, or suspended from time to time. You agree to comply and ensure all of Your Guests’ compliance with all applicable rules with respect to your and Your Guests’ use of such Amenities. You understand and agree that use of such Amenities may be suspended if you or any of Your Guests violate any such rules. You shall be responsible for any damage to such Amenities that you or any of Your Guests cause. ANY USE OF SUCH AMENITIES IS AT YOUR AND YOUR GUESTS’ OWN RISK AND YOU AND YOUR GUESTS RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ANY LEMON SPACES ENTITIES (DEFINED BELOW) IN CONNECTION WITH ANY USE OF SUCH AMENITIES. YOU AGREE THAT, AT OUR REQUEST AT ANY TIME, YOU AND/OR YOUR GUESTS WILL EXECUTE AND DELIVER A COMMERCIALLY REASONABLE FORM OF WAIVER AND RELEASE TO CONFIRM THE WAIVER AND RELEASE SET FORTH HEREIN AND THAT YOUR AND/OR YOUR GUESTS’ USE OF THE AMENITIES MAY BE CONDITIONED ON YOUR AND/OR YOUR GUESTS’ EXECUTION AND DELIVERY OF SUCH WAIVER AND RELEASE.
We may, but shall not be obligated to, offer On-Site Services for an additional fee from time to time, such as cleaning, babysitting, local tours, parking and special events. If so offered by us and so requested by you, we will mutually agree on the dates and times for such services and we and/or the applicable third party service provider shall have the right to enter the Booked Property to perform such services. To the extent that we offer and you request or use any such services, you hereby agree to comply and ensure all of Your Guests’ compliance with all of the applicable rules with respect to your and Your Guests’ use of such services. You understand and agree that your and Your Guests’ use of such services may be suspended if you or any of Your Guests violate any such rules. You shall be responsible for any damage that you or any of Your Guests cause. ANY USE OF ON-SITE SERVICES IS AT YOUR AND YOUR GUESTS’ OWN RISK AND YOU AND YOUR GUESTS RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ANY Lemon Spaces ENTITIES (DEFINED BELOW) IN CONNECTION WITH ANY SUCH SERVICES. YOU UNDERSTAND THAT THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. YOU AGREE THAT, AT OUR REQUEST AT ANY TIME, YOU AND/OR YOUR GUESTS WILL EXECUTE AND DELIVER A COMMERCIALLY REASONABLE FORM OF WAIVER AND RELEASE TO CONFIRM THE WAIVER AND RELEASE SET FORTH HEREIN AND THAT YOUR AND/OR YOUR GUESTS’ USE OF THE ON-SITE SERVICES MAY BE CONDITIONED ON YOUR AND/OR YOUR GUESTS’ EXECUTION AND DELIVERY OF SUCH WAIVER AND RELEASE.
You shall keep all interior portions of the Booked Property, and all furniture and decorations within the Booked Property, in good, clean, and sanitary condition, including free from all pests (such as, without limitation, bedbugs, cockroaches, mice and rats), and in proper working order throughout the applicable Period of Occupancy. Should any component fail to operate (including any appliance, plumbing, electrical, etc.), it is your responsibility to promptly contact us at the contact information located at https://www.lemonspaces.com/contact, as soon as a problem is detected.
In addition to all other rules and restrictions contained in the Agreement (including in any Additional Terms such as any applicable Order Form, Confirmation, Membership Agreement, Extended Stay Agreement and/or House Rules), in connection with your use of the Service and Properties, you may not and you agree that you will not (except and solely to the extent such restriction is impermissible under applicable law):
Safety Features for Reservations. You acknowledge and agree that the Properties may contain certain safety features such as smoke detectors, fire alarms, or sound level monitoring units as may be required by law, you consent to our use of these safety features, and you agree not to interfere or tamper with these features (as prohibited under Section 7.5(12)). You agree to immediately report any problems or need for maintenance or repairs to us. We have a right to enter the STA/Hotel Property to check and maintain these safety features as provided by law. It is expressly understood that you must not, at any time, disable or remove any installed safety feature, and to do so shall be considered a material breach of this Agreement and will be just cause for termination of this Agreement and your removal from the Property.
Safety Features for Extended Stay Reservations. You acknowledge and agree that the Properties may contain certain safety features such as smoke detectors, fire alarms, or sound level monitoring units as may be required by law, you consent to our use of these safety features, you agree not to interfere or tamper with these features (as prohibited under Section 7.5(12)), and you shall be responsible for testing any such safety features (except any sound level monitoring units) weekly and immediately reporting any problems or need for maintenance or repairs to us. If battery operated, you are responsible for changing the (e.g., smoke detector’s or fire alarm’s) battery as necessary, or immediately reporting to us the need for assistance in changing such battery. We have a right to enter the Extended Stay Property to check and maintain these safety features as provided by law. It is expressly understood that you must not, at any time, disable or remove any installed safety feature, and to do so shall be considered a material breach of this Agreement and will be just cause for termination of this Agreement and your removal from the Property.
You acknowledge and agree that certain security measures may be provided by us in connection with the Properties. We reserve the right to commence, expand, reduce or discontinue any such security measures at any time without notice to you.
You are responsible for leaving any Property including the Booked Property in the condition same was in when you arrived and for following all related Additional Terms applicable to your stay at a Booked Property. You acknowledge and agree that you are responsible for your, your Guests, and your and their pets’ own acts, omissions, negligence and willful misconduct. If we reasonably believe that you, Your Guests, or your or their pets have damaged a Booked Property or any Property or damaged or removed or stolen any physical item therein ("Damaged Property"), we will provide you with reasonable notice and evidence of such damage or suspected removal or theft and will give you two business days to respond to our claim. After this time period, we will be automatically entitled to charge the Applicable Payment Method for the full amount of any lost revenue that we incur as a result of the Damaged Property and the full amount of the greater of the costs and fees actually incurred by us or that we reasonably expect to incur for fixing or replacing the Damaged Property (which may include replacing damaged items with equivalent items) ("Damaged Property Fee"). Additionally, if you, Your Guests, or your or their pets have damaged a Booked Property or any Property or damaged or removed or stolen any physical item therein we may terminate this Agreement and remove you and any and all of Your Guests from the Booked Property and any Property. We reserve at all times the right to fix the Damaged Property in the manner of our choosing and to pursue in our sole discretion any and all avenues available to us to collect from you the Damaged Property Fee. For example, we may exercise the foregoing right by fixing the Damaged Property over an extended period of time, charging the Applicable Payment Method the sum total of the Damaged Property Fee up front or in installments, or by making one or more claims under your homeowner’s, renter’s, and/or other insurance policy, and you agree to cooperate with and assist us in good faith, and to provide us with such information as we may reasonably request in order to successfully make such claim.
We are not responsible for any of your property or personal items (collectively, "Personal Items") either during the term of this Agreement or that you may leave in any of the Properties after the expiration or earlier termination of this Agreement. Prior to the expiration of the applicable Period of Occupancy, you must remove all of your Personal Items from all applicable Booked Properties and any Property. If you have not done so, and after using commercially reasonable efforts to provide you with reasonable notice, we will be entitled to remove, store, and/or dispose of any Personal Items remaining in any of our Properties in accordance with applicable law, and you waive any claims or demands regarding such Personal Items or our handling of them. You will be responsible for paying any fees reasonably incurred by us regarding such removal, storage, and/or disposal. We recommend that you consider obtaining renter’s insurance or personal property insurance to protect against any damage to or loss of your Personal Items.
We reserve at all times the right to investigate and prosecute any breach of any provision of this Agreement to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who breach any provision of this Agreement. You acknowledge that we have no obligation to monitor your access to or use of the Service or Properties but have the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
The Service is owned and operated by us. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service ("Materials") provided by us are protected by intellectual property and other laws. All Materials included in the Service are our and/or our third-party licensors’ property. Except as expressly authorized by us, you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in this Agreement.
We may provide tools or features through the Service that enable you to interact with, including export information to, third-party websites or services, including through features that allow you to link your Lemon Spaces account with an account on a third-party website or service, such as Facebook, or a third-party payment processor, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools or features, you agree that we may transfer such exported information to the applicable third-party website or service. Third-party websites and services are not under our control, and, to the fullest extent permitted by law, we are not responsible for any third-party service’s use of your exported information. You acknowledge and agree that such interactions with third-party websites or services may be governed by one or more third parties’ terms, conditions, and/or policies.
User Content Generally. Certain features of the Service may permit users to submit content to the Service, including messages, reviews, ratings, and other types of works ("User Content") and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
Within a certain timeframe after completing a reservation, you and other users may provide us with a public review ("Review") and/or rating ("Rating") regarding your or such other user’s experience with the Service or at a Booked Property. Reviews and Ratings reflect the opinions of the individual or entity that leaves such Review or Rating, do not reflect our opinion, and may be incorrect or misleading. We may, but are not obliged to, verify any Reviews or Ratings for accuracy. You acknowledge and agree that if you provide a Review or Rating, such Review or Rating must be accurate, may not contain any offensive or defamatory language, may be surfaced anywhere (including publicly) on our Service or a third-party service as permitted by us, and constitute “User Content.”
By providing User Content to or via the Service, you grant us an unrestricted, worldwide, perpetual, irrevocable, non-exclusive, freely transferable and sublicensable (including through multiple tiers), royalty-free, and fully-paid right and license to exploit the User Content, in whole or in part, in any manner (including in any language or any media formats and through any media channels now known or hereafter developed) and for any purpose with no obligation or accounting to you.
We disclaim any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize us and our sublicensees to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 10, in the manner contemplated by us, the Service, and this Agreement;
your User Content, and the use of your User Content as contemplated by this Agreement, does not and will not: (i) infringe, violate, or misappropriate any third party’s right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other individual or organization; or (iii) cause us to violate any law, rule, or regulation; and
your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. We may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates this Agreement or is otherwise objectionable. You understand that when using the Service you may be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, we do not permit copyright-infringing activities on the Service.
If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
We reserve the right to change this Agreement (including any of the Additional Terms in accordance with those agreements and applicable law) on a going-forward basis at any time. Please check this Agreement periodically for changes. If a change to this Agreement materially modifies your rights or obligations, we may require that you accept the modified Agreement in order to continue to use the Service or any Properties. Material modifications are effective upon your acceptance of the modified Agreement and we will provide you with reasonable notice prior to such changes taking effect. Please discontinue using the Service and any Property if you do not agree to these changes. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 12, this Agreement may be amended only by a written agreement signed by authorized representatives of the parties to this Agreement. Disputes arising under this Agreement will be resolved in accordance with the version of this Agreement that was in effect at the time the dispute arose.
This Agreement as applicable to STA/Hotel Reservations and related Services and Properties is effective beginning when you accept it, or first download, install, or otherwise access or use the Service or Properties for STA/Hotel Reservations, and its term ends when the Agreement is terminated as described in Section 13.2.
This Agreement as applicable to Extended Stay Reservations and related Services and Properties is effective beginning when you accept it, when you enter into an Extended Stay Agreement with us that incorporates this Terms of Service by reference, or when you first download, install, or otherwise access or use the Service or Properties for Extended Stay Reservations, and its term shall end in accordance with Section 13.2. The term and termination of any reservation (and the attendant right to use any Extended Stay Property) shall be as set forth in the applicable Extended Stay
Term for Subscription Reservations. This Agreement as applicable to Subscription Reservations and related Services and Properties is effective beginning when you accept it, when you enter into a Membership Agreement with us that incorporates this Terms of Service by reference, or when you first download, install, or otherwise access or use the Service or Properties for Subscription Reservations, and its term shall end in accordance with Section 13.2. The term and termination of any subscription (and the attendant right to use any Subscription Property) shall be as set forth in the applicable Membership Agreement.
To the maximum extent permitted by applicable law, if you violate any provision of this Agreement or if Lemon Space’s lease of, or right to use, any Property terminates or expires for any reason, all of our licenses to you, any permission to use any Property, (including any Booked Property), the Period of Occupancy, and this Agreement (which includes any still active Order Forms) automatically terminate without notice to you and, in addition to the remedies in Section 13.3, we reserve all rights and remedies available to us at law and equity including, without limitation, the right to remove you and Your Guests from any Property. In addition, we may, in our sole discretion, subject to compliance with all applicable law, terminate this Agreement or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice.
Termination by You for STA/Hotel Reservations. You may terminate your account and this Agreement as applicable to STA/Hotel Reservations at any time by contacting customer service at reservations@LemonSpaces.com and requesting that your account be deleted.
Termination by You for Extended Stay Reservations. You may terminate your account and this Agreement as applicable to Extended Stay Reservations only if and as expressly permitted in the applicable Extended Stay Agreement or Confirmation.
Termination by You for Subscription Reservations. You may terminate your account and this Agreement as applicable to Subscription Reservations only if and as expressly permitted in the applicable Membership Agreement.
Upon termination of this Agreement: (a) all of our applicable licenses to you, any permission or right to use the applicable Properties hereunder, and all applicable Periods of Occupancy automatically terminate and you must immediately cease all use of the applicable Service and, subject to applicable law, the applicable Properties; (b) you will no longer be authorized to access your account or the applicable Service or, subject to applicable law, any applicable Properties; (c) you must pay us any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5, 6.3, 7, 8, 9, 10, 13.3, 14, 15, 16, 17, and 18 will survive.
We reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service such as any of our product or Property offerings), temporarily or permanently, without notice to you. We will have no liability for any such change to or discontinuation of the Service.
We reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service such as any of our product or Property offerings, but not the Extended Stay Property during the Extended Stay Period of Occupancy except as expressly permitted in the Extended Stay Agreement or Confirmation), temporarily or permanently, without notice to you. We will have no liability for any such change to or discontinuation of the Service.
We reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service such as any of our product or Property offerings, temporarily or permanently, without notice to you. We will have no liability for any such change to or discontinuation of the Service.
To the fullest extent permitted by law, you are responsible for your use of the Service and Properties, and you will defend and indemnify us and our officers, directors, employees, contractors, consultants, affiliates, subsidiaries, agents, and Landlords (and their property managers, service providers, and agents) (individually a “Lemon Spaces Entity” and collectively the “Lemon Spaces Entities”) from and against every claim brought by a third party, and any related liability, direct or indirect damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your, Your Guests’, and/or your or their pets’ use of, or misuse of, the Service or your, Your Guests’, and/or your or their pets’ use, occupation, or misuse of the Properties; (b) your or Your Guests’ breach or violation of any portion of this Agreement, any representation, warranty, or agreement referenced in this Agreement, or any applicable law, rule, or regulation (including those put in place by Landlords from time to time); (c) your or Your Guests’ infringement, misappropriation, or violation of any third party’s right, including any intellectual property rights (including rights to trade secrets and moral rights), or any privacy, publicity, confidentiality, contractual, property, or other rights; (d) any dispute or issue between you and/or Your Guests and any third party; or (e) any injury, death, or damages sustained by any individual or entity, or to the property of the same (including any pets), where such injury, death, or damage is caused by your, Your Guests’, or your or their pets’ acts or omissions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
THE SERVICE, PROPERTIES, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE AND PROPERTIES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, PROPERTIES, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE AND PROPERTIES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
WE DO NOT WARRANT THAT THE SERVICE, PROPERTIES, MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE AND PROPERTIES, OR ANY PORTION OF ANY OF THE FOREGOING WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND WE DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
WE DO NOT MAKE ANY WARRANTY REGARDING THE QUALITY OF ANY ASPECT OF THE SERVICE, PROPERTIES, OR MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE OR PROPERTIES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE FOREGOING.
YOU UNDERSTAND AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OF ANY THIRD PARTY (INCLUDING PETS) OR ANY CONDITION OR CIRCUMSTANCE (E.G., CONSTRUCTION) OUTSIDE A PROPERTY. FOR THE AVOIDANCE OF DOUBT, YOU UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY AND ALL CLAIMS RESULTING FROM THE MISCONDUCT OF ANY LANDLORD, PROPERTY OWNER, PROPERTY MANAGER, OTHER GUEST OR RESIDENT AND THAT SUCH CLAIMS ARE TO BE BROUGHT AGAINST SUCH LANDLORD, PROPERTY OWNER, PROPERTY MANAGER, OTHER GUEST OR RESIDENT DIRECTLY.
OTHER THAN AS SET OUT IN SECTION 16 BELOW, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE, PROPERTIES, ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE OR PROPERTIES, OR ANY Lemon Spaces ENTITIES WILL CREATE ANY WARRANTY REGARDING ANY OF THE FOREGOING THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. OTHER THAN AS SET OUT IN SECTION 16 BELOW, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE, PROPERTIES, OR ANY OTHER USER, OR ANY GUESTS, INVITEES, OR PETS, OF THE SAME. YOU UNDERSTAND AND AGREE THAT YOU USE ANY ASPECT OF THE SERVICE AND PROPERTIES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR ANY PHYSICAL BELONGINGS USED IN CONNECTION WITH YOUR USE OF THE SERVICE OR PROPERTIES) OR ANY LOSS OF DATA, INCLUDING USER CONTENT, OR ANY LOSS, DAMAGE, OR THEFT OF ANY OF YOUR PROPERTY OR THE PROPERTY OF YOUR GUESTS OR OTHERS KEPT OR STORED IN OR ABOUT THE PROPERTIES OR ANY PERSONAL INJURY OR DEATH OR PET INJURY OR DEATH.
WE DO NOT CONTROL ANY FEES THAT MAY BE CHARGED TO YOU BY ANY THIRD PARTY RELATING TO ON-SITE SERVICES OR OUR COLLECTION OF ANY FEES THAT YOU OWE US UNDER THIS AGREEMENT, AND WE DISCLAIM ALL LIABILITY IN CONNECTION WITH THE FOREGOING.
WE MAY USE THE SERVICES OF A REAL ESTATE BROKER, AGENT, REFERRAL SERVICE OR SIMILAR PARTY (THE “BROKER”). YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE BROKER SOLELY REPRESENTS Lemon Spaces AND HAS NO OBLIGATION OR DUTY TO YOU, EXCEPT AS REQUIRED BY LAW AND UNLESS OTHERWISE AGREED IN WRITING BY YOU AND Lemon Spaces. IN EITHER CIRCUMSTANCE, YOU HAVE THE SOLE OBLIGATION TO PROTECT YOUR INTERESTS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE BROKER SHALL HAVE NO EXPRESS OR IMPLIED RIGHT OR AUTHORITY TO CREATE ANY OBLIGATION ON BEHALF OF Lemon Spaces OR BIND Lemon Spaces TO ANY CONTRACT, AGREEMENT OR UNDERTAKING. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BROKER WILL CREATE ANY OBLIGATION, REPRESENTATION OR WARRANTY BY Lemon Spaces.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT WE ARE PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
“WE”, AS USED IN THIS SECTION 15, REFERS TO US AS WELL AS THE APPLICABLE LANDLORD(S), PROPERTY OWNER(S), AND PROPERTY MANAGER(S).
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY LEMON SPACES ENTITY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REPUTATION, GOODWILL, INCOME, SALES, REVENUE, BUSINESS, ANTICIPATED SAVINGS, OR DATA, OR FOR BUSINESS INTERRUPTION, WASTED MANAGEMENT OR OFFICE TIME, OR ANY OTHER INTANGIBLE LOSS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY Lemon Spaces ENTITY BE LIABLE TO YOU FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE, ON-SITE SERVICES, PROPERTIES, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE OR PROPERTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY Lemon Spaces ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. ANY USE OF THE SERVICE, ON-SITE SERVICES, PROPERTIES, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE OR PROPERTIES IS AT YOUR AND YOUR GUESTS’ OWN RISK AND YOU AND YOUR GUESTS RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ANY Lemon Spaces ENTITIES IN CONNECTION WITH ANY SUCH USE.
WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO.
EXCEPT AS PROVIDED IN SECTION 17.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE Lemon Spaces ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE, PROPERTIES, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE OR PROPERTIES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO US FOR ACCESS TO AND USE OF THE SERVICE AND PROPERTIES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM;
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS AGREEMENT. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
No Class Actions. YOU AND Lemon Spaces AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Lemon Spaces agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision for Reservations. If Lemon Spaces makes any future change to this arbitration provision, other than a change to Lemon Space’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Lemon Space’s address for Notice of Arbitration, in which case your account with Lemon Spaces and this Agreement will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
Modifications to this Arbitration Provision for Extended Stay Reservations. If Lemon Spaces makes any future change to this arbitration provision, other than a change to Lemon Space’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Lemon Space’s address for Notice of Arbitration, in which case your account with Lemon Spaces will be immediately terminated (but this Agreement as applicable to Extended Stay Reservations, including any applicable Extended Stay Agreement, will not terminate except in accordance with such Extended Stay Agreement) and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
Enforceability. If any portion of this Section 17 is found to be unenforceable, then the entirety of this Section 17 (except this Section 17.9) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Sections 18.2 or 18.3, or in any Order Form, as applicable, will govern any action arising out of or related to this Agreement.
This Agreement is between you and us. Except where otherwise provided for in this Agreement or in a Limited Use Agreement, no other person shall have any rights to enforce any of its terms.
Your use of the Service and Properties is subject to all additional terms, policies, rules, guidelines, or instructions applicable to the Service or Properties or certain features of the Service or Properties that we may post on, link to from, or provide you with in writing (e.g., by email, text message, or posted at or provided in the applicable Property) including through the Service or applicable Property, including any Order Forms (and all exhibits, attachments, and addenda thereto), Confirmations and House Rules available at https://www.lemonspaces.com/. All Additional Terms are incorporated by this reference into, and made a part of, this Agreement.
If you have a question or complaint, you may contact us by sending correspondence to our address or by contacting us at the contact information located at https://www.lemonspaces.com/contact.
We are under no obligation to provide support for the Service or Properties. In instances where we may offer support, the support will be subject to published policies.
We will not be liable to you or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control including but not limited to severe weather, power, or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war, civil unrest, or other similar events of “force majeure”.
If we are required to engage legal counsel to enforce the conditions of this Agreement, to collect any amounts due, to remove you or your belongings from a Property, you shall be responsible for all lawyers’ fees and expenses incurred in connection with the foregoing.