This document outlines the agreement between the property owner or landlord ("Property Owner") and Fox 3 Lodging LLC doing business as ("TDYHero") concerning the use of the TDYHero platform to list short-term rental properties ("Properties") and manage activities related to the rental process. These Terms and Conditions, along with any subscription or listing agreement referencing them, collectively form the "Agreement." By using the TDYHero platform, Property Owners agree to these Terms and Conditions. If you do not agree, you must not access or use the platform.
1. Acceptance of Terms
By clicking links, buttons, or using features on the TDYHero platform, the Property Owner acknowledges acceptance of these Terms and Conditions, as well as the incorporated TDYHero Platform Terms of Use. If you disagree with any part, you are prohibited from using the platform.
TDYHero may modify these Terms and Conditions at any time. Continued use of the platform after changes are posted constitutes agreement to the updated terms. Property Owners are responsible for reviewing these Terms and Conditions regularly.
2. Services
2.1 Property Advertising Services
TDYHero grants Property Owners a limited, non-exclusive license to access the platform and list Properties for short-term rental to traveling professionals. All fees must be paid, and background checks completed to maintain access.
2.2 Background Checks
TDYHero may require background checks on Property Owners, including identity and location verification. Failure to comply or unsatisfactory results may result in service denial or termination without refund.
2.3 No Involvement in Transactions
TDYHero is not a party to rental agreements or transactions between Property Owners and renters. Rent and fees are managed directly by the Property Owner.
2.4 Traveler Verification Responsibility
Property Owners are solely responsible for verifying renter identities and conducting background checks as needed. TDYHero does not confirm renter details or assume liability for these verifications.
2.5 Service Quality
TDYHero encourages high standards of professionalism. Travelers may rate Property Owners, and low ratings may result in restricted access to the platform.
2.6 Third-Party Distribution
To increase visibility, TDYHero may distribute Property listings to third-party websites, subject to additional terms.
2.7 Notifications and SMS Policy
TDYHero may send text alerts or messages to Property Owners regarding leads or booking requests.
3. SMS Notifications
By opting in to SMS notifications:
- You will receive updates on account activity, leads, and booking requests.
- To unsubscribe, reply STOP. You'll receive a final confirmation message before ceasing further communication.
- For assistance, reply HELP or contact support at hello@tdyhero.com or 1-800-TDY-HERO.
- Message and data rates may apply.
4. Key Acknowledgments
Service Limitations: TDYHero does not mediate leases or collect rent.
Privacy & Security: All data is handled in accordance with TDYHero's Privacy Policy.
By agreeing to these Terms and Conditions, you acknowledge your commitment to providing safe, high-quality accommodations for traveling professionals while adhering to the rules set forth by TDYHero.
For additional details, contact hello@tdyhero.com or 866-405-3693 or visit www.tdyhero.com.
2. PROPERTY OWNER OBLIGATIONS AND RESPONSIBILITIES
2.1 Compliance with Applicable Law
The Property Owner is fully responsible for complying with all applicable laws, rules, and regulations related to listing the Property and conducting their rental business. This includes, but is not limited to, laws regarding taxes, credit card processing, data privacy, safety, permits, zoning ordinances, and anti-discrimination or fair housing laws.
The Property Owner agrees to ensure a safe environment for all Travelers and, if accepting payments via credit cards or other methods, to safeguard such payment information in line with legal and regulatory requirements and best practices.
2.2 Property Listings
Property Owners are solely responsible for the accuracy and upkeep of all Property listings on the TDYHero platform. TDYHero disclaims liability for the accuracy of listings, reviews, or any contractual disputes between the Property Owner and Travelers.
Property Owners must keep their listings updated, including details on amenities, location, price, and availability. TDYHero may provide services to help improve listings, and any changes to location descriptions or geographic details may occur without notice. Property Owners must promptly correct any inaccuracies, and failure to maintain accurate listings may lead to suspension or removal of the listing.
2.3 License and Rights Granted to TDYHero
(a) The Property Owner grants TDYHero a perpetual, worldwide, irrevocable, royalty-free, non-exclusive license to use, copy, sublicense, modify, distribute, display, and otherwise exploit any User Contributions, including Property listings and images, in connection with TDYHero's business. After the termination or expiration of a Property listing agreement, TDYHero will stop displaying the User Contributions.
(b) The Property Owner agrees to assist TDYHero in protecting their User Contributions from unauthorized use.
(c) The Property Owner agrees that TDYHero may sublicense rights to third parties for promotional or other business purposes, including the reproduction of photographs related to the Property listing. If the Property Owner retains any moral rights, they waive the right to object to the use or modification of their contributions by TDYHero.
2.4 Limitations on Communications and Use of Traveler Information
(a) The Property Owner agrees to use Traveler personal information solely for communication related to the TDYHero platform and the services it provides. This includes facilitating rental transactions, inquiries, and platform-related communications. Any other use of Traveler information requires explicit consent from the Traveler.
(b) The Property Owner must offer Travelers the opportunity to remove their personal information from any records and allow them to access the information the Property Owner has collected. Property Owners may not disclose Traveler information to third parties without consent from both the Traveler and TDYHero. The Property Owner agrees to protect Traveler information with at least a reasonable standard of care and assumes full responsibility for any misuse, loss, or unauthorized transfer.
(c) TDYHero prohibits spam or unsolicited communications. The Property Owner may not add Travelers to mailing lists or send unsolicited messages, including using data or tools from the TDYHero platform to send commercial communications without the Traveler's consent. Property Owners are responsible for all content shared through the platform.
2.5 Translations and Maps
If Property Owner content is translated for display on the TDYHero platform or through TDYHero affiliates, the accuracy of these translations is not guaranteed. The Property Owner is responsible for reviewing and verifying the accuracy of any translations. Maps provided by third parties like Google are subject to their respective terms and conditions.
2.6 Insurance
TDYHero does not provide liability, property, or any other type of insurance for the Property Owner. The Property Owner is solely responsible for obtaining adequate insurance to protect the Property and Travelers. The Property Owner agrees to maintain sufficient coverage for the duration of the rental period and will provide proof of insurance upon request.
3. FEES AND PAYMENT TERMS
3.1 Fees
Property Owner agrees to pay TDYHero the fees and expenses outlined in the applicable agreement between Property Owner and TDYHero. These fees cover the costs of listing the property on the TDYHero platform and any related services.
3.2 Subscription Renewal
If Property Owner subscribes to a service through TDYHero and makes payments by credit card or another automated payment method, the subscription will automatically renew at the end of the current term. The renewal will be for an additional term of the same duration at the then-current, non-promotional subscription rate.
Property Owner may opt out of automatic renewal by logging into their TDYHero account and disabling the feature before the current term expires. Requests for cancellation made by email, voicemail, or any other communication method will not be considered valid. If the subscription does not renew automatically and Property Owner wishes to continue the service, they will need to manually renew at the current non-promotional rate.
3.3 Subscription Term
All subscriptions are sold for the term selected by the Property Owner, generally ranging from twelve (12) to twenty-four (24) months. The subscription term begins upon TDYHero's receipt of the full or initial payment and ends on the final day of the selected term.
For example, if Property Owner makes an annual payment on July 1st, the subscription will expire on June 30th of the following year. No trial subscriptions are available.
3.4 Non-Subscription Listings
If TDYHero allows Property Owner to list a property without a subscription, Property Owner agrees to pay fees as outlined in the sign-up process. These fees will apply to each rental transaction of the listed property.
TDYHero may update these terms from time to time, and Property Owner will be notified via the platform or other communication channels. Additional terms and conditions may also apply to such listings.
3.5 Refunds
All payments made to TDYHero are non-refundable, including in cases where Property Owner's background check is not approved or verification cannot be completed. If the Property Owner decides to sell the property and remove the listing, TDYHero should be contacted to take the listing down; however, no refunds will be provided.
3.6 Taxes
All fees and amounts owed by the Property Owner under this agreement are exclusive of taxes. Property Owner is responsible for paying any sales, use, excise taxes, or other similar taxes imposed by federal, state, or local authorities on amounts owed, excluding taxes on TDYHero's income.
3.7 Payment
Payment will be processed according to the applicable agreement and may be made by credit card, debit card, PayPal, e-check, or other accepted methods. A valid payment method must be kept on file at all times.
Payments not received by the due date will incur an interest charge of 18% per annum, calculated from the due date until the payment is received by TDYHero. Property Owner will also be responsible for any bank charges, penalties, or other fees related to insufficient funds or payment rejections. Payments will be processed under the name "TDYHero" on credit card statements.
4. ADDITIONAL TERMS AND CONDITIONS
4.1 Appearance in Search Results
TDYHero cannot guarantee that a Host's listing will appear in any specific order in search results on the TDYHero platform. The order may fluctuate based on several factors such as search parameters, subscription level, listing quality, updates to availability, and other factors that TDYHero deems important for user experience. Search results may also vary depending on the criteria used by the Traveler.
TDYHero reserves the right to use algorithms or methods to optimize search results for both Hosts and Travelers. Listings that are not on a subscription basis may not appear in search results as frequently or at all. Listings displayed on third-party websites may not always appear in a particular order or may not appear at all. TDYHero also reserves the right to test new methods for displaying search results, which may alter the way results are presented.
4.2 Content, Layout, and Copy
Any content or copy submitted by Hosts is subject to review and approval by TDYHero. TDYHero reserves the right to refuse or remove any content that does not meet the platform's guidelines or that is deemed unacceptable in its sole discretion.
While TDYHero does not have an obligation to review every submission, it is not liable for any damages arising from content design or positioning. All content must comply with the platform's Terms and Conditions, and Hosts are responsible for ensuring their content accurately reflects the listing and adheres to formatting requirements. TDYHero reserves the right to edit content solely to meet formatting or content standards.
4.3 Photographs
(a) Photographs submitted by Hosts should feature the rental property as the primary subject, with no people included unless consent has been granted. Photographs must meet TDYHero's content standards, and the platform reserves the right to reject any images that do not comply.
(b) By submitting photographs, Hosts represent that:
(i) They hold all intellectual property rights for the photos or have obtained necessary rights from the copyright holders;
(ii) Any individuals featured have given their consent for their image to appear;
(iii) The photos accurately represent the property and have not been altered in a misleading way;
(iv) Hosts will indemnify TDYHero from any legal issues arising from submitted photos.
4.4 Use of Trademarks, Names, or Logos
Without prior written authorization, Hosts may not use TDYHero's trademarks, logos, or brand names in advertising or on any third-party websites. Hosts may mention their listing on TDYHero in a descriptive manner, such as "Check out my listing on TDYHero," but cannot imply any official endorsement or sponsorship by TDYHero.
Unauthorized uses of TDYHero trademarks or brand names in promotional materials or listings are prohibited.
4.5 Hypertext Links
TDYHero reserves the right to refuse hypertext links or web addresses from Hosts' pages. Links may be removed without notice, and TDYHero may charge for placing hyperlinks at its discretion.
4.6 Substitution of Properties; Advertising Multiple Properties
(a) Properties listed must be unique and clearly identified. Hosts may not substitute one property for another without prior written consent from TDYHero. If the property is part of a property management package, substitution may be possible with proper documentation. Substitution will not extend the original term of the listing.
(b) Only one property per listing unless otherwise stated. If a Host advertises multiple properties in one listing, TDYHero reserves the right to edit or remove the listing and retain any fees associated with the original listing.
(c) Subscription packages are per property. Each property must have its own subscription, unless otherwise specified.
4.7 Payments Between Hosts and Travelers
TDYHero is not a party to any financial transaction between Hosts and Travelers. Hosts are prohibited from requesting payments via methods such as mail, cash transfer services, or similar instant-cash services. Violations of this policy may result in immediate removal of the listing without refund.
4.8 Feedback
If Hosts submit feedback or suggestions to TDYHero regarding the platform or services, TDYHero is free to use such feedback at its discretion. This includes ideas, concepts, and intellectual property rights, which TDYHero may use without attribution or compensation to the Host.
5. RELATIONSHIP OF THE PARTIES
The relationship between TDYHero and Property Owners is that of independent contractors. These Terms and Conditions should not be interpreted as creating any agency, partnership, joint venture, employment, or fiduciary relationship between the parties. Neither party has the authority to bind the other party or enter into any agreements on behalf of the other in any capacity.
6. REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS
6.1 Property Owner Representations and Warranties
In addition to any other representations and warranties specified in this Agreement, Property Owner represents and warrants to TDYHero that:
(a) Property Owner has the full legal right, power, and authority to enter into and perform all obligations under this Agreement;
(b) This Agreement constitutes a legal, valid, and binding obligation enforceable against the Property Owner in accordance with its terms;
(c) Property Owner has the necessary rights and consents regarding the User Contributions, ensuring that they do not infringe upon any third-party intellectual property rights, privacy rights, or violate any applicable laws;
(d) Property Owner will comply with all applicable laws and regulations, as well as the terms of this Agreement, at all times.
6.2 TDYHero Disclaimers
The TDYHero platform, including its data, information, services, and any other items obtained from or through the platform, are provided on an "as is" and "as available" basis. TDYHero does not offer any warranties, express or implied, regarding the completeness, security, reliability, accuracy, or availability of the platform or its services.
Specifically, TDYHero does not guarantee that the platform will be error-free, uninterrupted, or free of viruses or harmful components. TDYHero makes no claim on the event or timeline that the Property Owner will be contacted for a potential match between Property Owner and Tenant. TDYHero claims on user interactions on the TDYHero platform is based on estimated future use.
Property Owner acknowledges that TDYHero does not control and does not guarantee the safety or accuracy of any transaction, rental property, or user-provided content. Property Owner further agrees that by submitting content or posting information on the TDYHero platform, including property listings, no confidential relationship is created outside the terms of this Agreement. TDYHero is not a party to any rental or transaction agreement between Property Owners and Travelers using the platform.
6.3 Additional Disclaimers
Property Owner acknowledges and understands that they are solely responsible for the rental services they offer, including the property's condition, the booking process, and their interactions with Travelers. TDYHero is not responsible for the actions or inactions of any Traveler or other third parties.
By using the TDYHero platform, Property Owner accepts the risk of interacting with potential clients whom TDYHero has not vetted.
7. INDEMNIFICATION
Property Owner agrees to indemnify, defend, and hold harmless TDYHero, its affiliates, officers, directors, employees, agents, and any other associated parties from any losses, damages, liabilities, claims, judgments, penalties, fines, costs, or expenses arising out of:
(a) bodily injury, death, or damage to property caused by Property Owner's actions or omissions;
(b) claims by any Traveler or platform user related to Property Owner or their property;
(c) Property Owner's breach of any representation, warranty, or obligation under this Agreement;
(d) Property Owner's negligence, misconduct, or violation of laws;
(e) other issues related to Property Owner's use of the TDYHero platform.
8. LIMITATION OF LIABILITY
8.1 Exclusion of Damages
Under no circumstances will TDYHero or any of its licensors, service providers, or suppliers be held liable for:
(a) loss of use, interruptions, delays, or inability to access the TDYHero platform or its services;
(b) loss or corruption of data or breach of data security;
(c) any consequential, incidental, indirect, exemplary, special, or punitive damages, even if such damages were foreseeable or the parties had been advised of the possibility.
8.2 Cap on Monetary Liability
The total liability of TDYHero under this Agreement will not exceed the amount Property Owner has actually paid to TDYHero in the 12 months immediately preceding the claim. This limitation applies regardless of the legal theory under which the claim arises.
9. TERM AND TERMINATION
9.1 Term: The Agreement will remain in effect for the duration specified in the applicable Listing Agreement unless terminated earlier in accordance with these Terms and Conditions.
9.2 Termination/Suspension: In addition to any other rights of termination or suspension set forth elsewhere in these Terms and Conditions, TDYHero may suspend or terminate the Property Owner's access to or use of the TDYHero platform, and the Agreement, at any time if there is a breach of any provision, including unauthorized use. No refunds will be issued in the event of such termination.
9.3 Surviving Terms: The following provisions, and any other obligations that naturally survive termination or expiration of the Agreement, will remain in effect after the Agreement ends.
10. FORCE MAJEURE
TDYHero shall not be held liable for any delay or failure in performance of its obligations under the Agreement due to circumstances beyond its control, including but not limited to:
(a) natural disasters such as fire, flood, or earthquake;
(b) wars, acts of terrorism, riots, or civil disturbances;
(c) extraordinary failures in third-party infrastructure, data centers, or systems; or
(d) actions by any government authority in response to these events.
The non-performing party shall not be responsible for delays if the issue cannot be reasonably avoided using commercially viable alternatives.
11. ASSIGNMENT
Property Owners may not assign their rights or obligations under the Agreement. TDYHero, however, may assign its rights and obligations at any time. The Agreement will be binding on and benefit the parties and their respective successors and assigns.
12. GOVERNING LAW AND DISPUTE RESOLUTION
The Agreement shall be governed by the laws of the State of Colorado, without regard to conflicts of law provisions, as if the Agreement were executed and performed entirely within Colorado between Colorado residents.
13. MISCELLANEOUS
13.1 Notices
Any notice required or permitted under the Agreement must be in writing and delivered as follows: (a) in person, upon delivery; (b) by overnight courier, with written verification of receipt; or (c) by certified mail, with return receipt requested. Notices will be sent to the addresses provided by the parties.
13.2 Severability
If any provision of these Terms and Conditions is deemed illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions will continue to be valid and enforceable.
13.3 Waiver
Any failure by TDYHero to enforce any term or condition of these Terms and Conditions does not constitute a waiver of that term or any other terms. No waiver will be deemed a continuing waiver unless explicitly stated.
13.4 No Third-Party Beneficiaries
The Agreement is for the benefit of the parties involved and their permitted successors or assigns. It does not confer any rights or remedies to any other person or entity.
13.5 Severability
If any provision is invalid, illegal, or unenforceable in a jurisdiction, that provision will not affect the validity of the remaining provisions. The parties will negotiate in good faith to amend the Agreement to reflect the original intent as closely as possible.
13.6 Headings
The headings used in these Terms and Conditions are for convenience and do not affect the interpretation of the Agreement.
13.7 Entire Agreement
These Terms and Conditions, including any referenced documents, constitute the complete and exclusive agreement between the parties concerning the subject matter and supersede all prior agreements or understandings, whether written or oral, related to that subject matter.