1. APPLICATION OF THIS TERMS OF USE
The websites and any TDYHero mobile or desktop applications (collectively, “TDYHero Platform”) where this Terms of Use (“Terms of Use”) appears are owned and operated by Fox 3 Lodging LLC, doing business as TDYHero (“TDYHero,” “we,” “our,” or “us”). The TDYHero Platform may provide information, documents, tools, products, services, accounts, offers, and suggestions on how to best utilize our products and platforms (collectively, “Services”). For purposes of this Terms of Use, “you” or “your” refers to the person accessing the TDYHero Platform and any persons who allow others to provide information about themselves to us.
THIS TERMS OF USE CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ CAREFULLY THROUGH ALL SECTIONS. YOUR ACCESS TO AND USE OF THE TDYHERO PLATFORM IS SUBJECT TO THIS TERMS OF USE AND ALL APPLICABLE LAWS. WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE TDYHERO PLATFORM AND/OR SEEK ALL LEGAL REMEDIES, INCLUDING INJUNCTIVE AND MONETARY RELIEF, IF YOU VIOLATE THIS TERMS OF USE. BY CLICKING ON LINKS WITHIN THE TDYHERO PLATFORM OR BEYOND THE PLATFORM’S HOMEPAGE, CLICKING ON A BOX OR ICON, OR DOWNLOADING A MOBILE APPLICATION, YOU AGREE TO THIS TERMS OF USE WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH US. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE TDYHERO PLATFORM, ANY SERVICES AVAILABLE THROUGH THIS PLATFORM, OR ANY INFORMATION CONTAINED ON IT.
MANDATORY CLASS ACTION AND JURY TRIAL WAIVER. This Terms of Use contains a mandatory class action and jury trial waiver. Except where prohibited by law, you waive your right to participate in a class action lawsuit, including as a class representative, and to a trial by jury. For details, see below.
We may modify content available on the TDYHero Platform at any time. We may change, update, add, or remove provisions of this Terms of Use by posting the updated version on the TDYHero Platform. We will make reasonable efforts to notify you of material changes to this Terms of Use, but we are not obligated to. You waive any right to receive specific notice of changes. By using the TDYHero Platform after an update, you agree to the then-current Terms of Use. You are responsible for reviewing this Terms of Use regularly.
In addition to this Terms of Use, your use of certain Services may be governed by additional agreements.
2. PRIVACY POLICY
Alongside this Terms of Use, we publish a Privacy Policy. While it is not part of this Terms of Use, we encourage you to review it to understand how to manage, access, and delete your information.
3. ACCESSING THE TDYHERO PLATFORM
TDYHero reserves the right to withdraw or amend the TDYHero Platform and any Services or Materials (defined below) on it, at our sole discretion and without notice. TDYHero will not be liable if any part or all of the TDYHero Platform is unavailable at any time. TDYHero makes no claims or guarantees of the accuracy of content on the site. Numbers of users on site are estimates only based on future growth and should not be relied upon. We may restrict access to certain parts or the entire TDYHero Platform to users, including registered users.
You are responsible for:
– Arranging your access to the TDYHero Platform.
– Ensuring all persons accessing the TDYHero Platform through your internet connection comply with these Terms of Use.
To access the TDYHero Platform or some resources it offers, you may be asked to provide registration details or other information. It is a condition of your use of the TDYHero Platform that all information you provide is correct, current, complete, and that you have the authority to provide such information to us.
If you choose, or are provided with, a username, password, or any other security information, treat it as confidential, and do not disclose it. Acknowledge that your account is personal to you, and agree not to provide others with access. You assume full responsibility for any use of your account, whether or not authorized by you. If others access Services using your device or credentials, you are responsible for any transactions they undertake, and we are not liable for resulting damages.
Notify TDYHero immediately of any unauthorized access to or use of your account information. Ensure you exit from your account at the end of each session and exercise caution when accessing your account from a public or shared computer.
You represent and warrant that:
– You will not select or use a username of another person to impersonate them.
– You will not use a username in which another person has rights unless authorized.
– You will not use a username that TDYHero, in its sole discretion, deems offensive.
TDYHero reserves the right to disable any username, password, or other identifier at any time for any or no reason, including if you violate any provision of this Terms of Use.
4. TDYHERO NOT A PARTY TO ANY TRANSACTION
The TDYHero Platform serves as a venue for property owners or managers (each, a “Property Owner”) to list short-term rental properties available for rent in various pricing formats to potential renters (“Travelers”). TDYHero: (i) does not own or manage any listed Property; (ii) does not enter into lease agreements with Property Owners and Travelers; (iii) is not a party to a rental agreement or other transaction between users; and (iv) does not provide insurance for any transaction. TDYHero also does not mediate disputes between Property Owners and Travelers.
5. REVIEW POLICY
Reviews serve as a self-regulated system for user protection. Users may not manipulate reviews; violations may result in account suspension without remediation or refund. Users can report reviews by contacting us through the “Questions” section. TDYHero may approve or decline any review or part of a review in its sole discretion.
By posting a review, you agree that:
– You are a verified Traveler who exchanged money with a Property Owner for a rental.
– All reviews must not be libelous, defamatory, harassing, threatening, obscene, lewd, or discriminatory.
– Reviews must not contain personal information, impersonations, or coordinated posts from multiple accounts.
– All reviews must not be commercial or promotional.
TDYHero may restrict any user’s ability to submit reviews and may remove users violating these terms without notice or a refund.
6. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specified, all information and content on the TDYHero Platform, including all design, functionality, and arrangement, are owned by TDYHero, its affiliates, licensors, or other providers and are protected by applicable copyright, trademark, and other intellectual property laws.
Subject to this Terms of Use, TDYHero grants you a limited, revocable, non-exclusive, and non-transferable license to use, view, print, display, and download Materials for personal, non-commercial use only. You agree not to use the Platform for any other purpose, including using information to solicit Property Owners or Travelers.
If you breach this Terms of Use, this license terminates automatically. You must destroy any downloaded or printed Materials, and TDYHero reserves the right to seek injunctive relief.
7. TRADEMARKS
The TDYHero name, logo, and all related names, product names, and slogans are trademarks of TDYHero or its affiliates. You must not use such marks without prior written permission. Other trademarks on the TDYHero Platform belong to their respective owners.
8. YOUR COMMUNICATIONS USING THE TDYHERO PLATFORM
By sending any content or communications to TDYHero, you grant us a worldwide, perpetual, royalty-free license to use, modify, and display your content for providing our Services. You represent that you own or control all rights to your submitted content.
9. ELECTRONIC COMMUNICATIONS
By using the TDYHero platform and services, you agree to receive electronic communications from us, including notices, updates, and transactional information related to the platform and its offerings. These communications are an essential part of your relationship with TDYHero. You also acknowledge that any electronic notices, agreements, disclosures, or other communications we send will meet legal requirements, including any that mandate such communications be provided in writing
10. PERMITTED AND PROHIBITED USES
By accessing or using the TDYHero platform, you agree to the following:
1. Your use of the TDYHero platform is subject to and governed by these Terms of Use.
2. You will only access or use the TDYHero platform and transact business with us if you are at least eighteen (18) years old.
3. You will use the TDYHero platform, its materials, and any user contributions solely for non-commercial, personal purposes in accordance with the license provided under these Terms of Use.
4. You will utilize the TDYHero platform exclusively for its intended services in the normal course of business.
5. You will always act lawfully, respectfully, and in good faith.
6. You will comply with and be bound by these Terms of Use as they appear on the TDYHero platform at the time of each access or use.
7. Each use of the TDYHero platform by you signifies and confirms your agreement to be bound by these Terms of Use.
8. These Terms of Use constitute a legally binding agreement between you and us, enforceable against you.
Prohibited Use
You also agree not to use the TDYHero platform, including any information, data, content, materials, or user contributions obtained from the platform, in any way that:
1. Modifies or alters the TDYHero platform, services, or any content or materials displayed on it.
2. Impairs the integrity or operation of the TDYHero platform.
3. Is unlawful, prohibited, harmful, or destructive to anyone or their property.
4. Transmits advertisements, promotions, schemes, spam, or unsolicited communications to property owners or users.
5. Interferes with our network services or attempts unauthorized access to them.
6. Impersonates TDYHero, a TDYHero employee, another user, or any other person or entity.
7. Restricts or inhibits others’ use or enjoyment of the TDYHero platform, or harms users or exposes them to liability.
8. Suggests an express or implied affiliation with TDYHero without our written permission.
9. Introduces viruses, trojans, worms, or other harmful or malicious material.
10. Uploads or transmits violent, obscene, discriminatory, hateful, threatening, or otherwise objectionable content.
11. Dilutes or depreciates the TDYHero name or reputation.
12. Infringes on any third party’s intellectual property or privacy rights.
13. Unlawfully transmits or uploads confidential, proprietary, or trade secret information.
14. Competes with TDYHero or its affiliates, licensors, or providers.
Monitoring and Enforcement
While we are not obligated to do so, we reserve the right to monitor the TDYHero platform. We may terminate your access to your account and the platform, with or without cause or notice, for any reason or no reason, including actions deemed inappropriate or disruptive.
We may report illegal activity to law enforcement and cooperate with investigations as required by law or at our discretion. This includes disclosing information we obtain to operate, improve, or protect the TDYHero platform and its users or for other lawful purposes.
This list of prohibited activities is not exhaustive. We retain the right to take any necessary actions to protect the integrity and proper functioning of the TDYHero platform.
11. USER CONTRIBUTIONS
The TDYHero platform may include message boards, chat rooms, personal profiles, forums, blogs, community areas, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit content or materials (collectively, “User Contributions”) to other users or third parties.
All User Contributions must comply with the Content Standards outlined in these Terms of Use.
By providing any User Contribution on the TDYHero platform, you grant TDYHero, its affiliates, and their respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and disclose such materials for any purpose.
You represent and warrant that:
1. You own or control all rights to your User Contributions and have the authority to grant the license described above to TDYHero, its affiliates, and their respective licensees, successors, and assigns.
2. Your User Contributions are truthful, accurate, appropriate, and comply with all applicable laws.
3. Your User Contributions will fully adhere to these Terms of Use.
You understand and agree that you are solely responsible for any User Contributions you provide, including their legality, reliability, accuracy, and appropriateness.
TDYHero is not responsible for, nor liable to any third party for, the content or accuracy of User Contributions posted by you or any other user of the platform.
12. CONTENT STANDARDS
These content standards (the “Content Standards”) apply to all User Contributions and the use of Interactive Services on the TDYHero platform. User Contributions must fully comply with all applicable federal, state, local, and international laws and regulations. Specifically, User Contributions must not:
– Contain material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
– Promote sexually explicit or pornographic material, violence, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
– Infringe on any patent, trademark, trade secret, copyright, or other intellectual property rights of others.
– Violate the legal rights of others, including rights of publicity and privacy, or include material that could result in civil or criminal liability under applicable laws or conflict with TDYHero’s Terms of Use or Privacy Policy.
– Be deceptive or misleading to any person.
– Promote illegal activities or advocate, promote, or assist any unlawful act.
– Cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy others.
– Impersonate any person or misrepresent your identity or affiliation with any person or organization.
– Include unauthorized commercial activities or sales, such as contests, sweepstakes, or advertisements.
– Give the impression that they originate from or are endorsed by TDYHero or any other entity unless this is explicitly the case.
13. MONITORING AND ENFORCEMENT; TERMINATION
TDYHero reserves the right to:
1. Remove or refuse to post any User Contributions at its sole discretion for any reason or no reason.
2. Modify, suspend, or discontinue User Contributions at any time without notice, permission, or liability.
3. Take appropriate action regarding User Contributions that violate the Terms of Use or Content Standards, infringe intellectual property or other rights, threaten user or public safety, or create potential liability for TDYHero.
4. Disclose your identity or other relevant information to third parties who claim that content you post infringes their rights, including intellectual property rights or privacy rights.
5. Take legal action, including referral to law enforcement, against illegal or unauthorized use of the TDYHero platform.
6. Terminate or suspend your access to all or part of the TDYHero platform for violations of these Terms of Use or any other reason.
TDYHero also fully cooperates with law enforcement authorities or court orders requesting or directing disclosure of the identity or other information of users posting materials that violate the law or the rights of others. By using the platform, you waive and hold harmless TDYHero, its affiliates, licensees, and service providers from any claims arising from actions taken during or as a result of investigations or from actions taken by law enforcement.
While TDYHero reserves the right to monitor and remove objectionable material, it cannot guarantee that all content will be reviewed before posting or promptly removed after posting. Accordingly, TDYHero assumes no liability for any action or inaction regarding transmissions, communications, or content provided by users or third parties. TDYHero is not responsible for the performance or nonperformance of the activities described in this section.
14. RELIANCE ON INFORMATION POSTED
The information provided on or through the TDYHero platform—including all data, statistics, and content—is made available solely for general informational purposes. TDYHero does not guarantee the accuracy, completeness, or usefulness of this information. This includes, but is not limited to, property details, reviews, guest feedback, property location, suitability, pricing, or availability. Even if specific offers, dates, or property types are searched, TDYHero does not warrant the information is current or accurate. Any reliance on this information is strictly at your own risk.
TDYHERO DISCLAIMS ALL LIABILITY FOR ANY RELIANCE PLACED ON THIS MATERIAL BY YOU OR ANY OTHER VISITOR TO THE PLATFORM, OR BY ANYONE WHO MAY LEARN OF ITS CONTENTS.
The TDYHero platform may include content provided by third parties, such as other users, bloggers, and third-party service providers. All opinions, statements, and content from third parties are solely their responsibility and do not necessarily reflect TDYHero’s views. TDYHero is not liable for the accuracy or content of any materials provided by third parties.
15. LINKING TO/FROM THE TDYHERO PLATFORM
15.1 Linking to the TDYHero Platform and Social Media Features
You may link to the TDYHero platform, provided it is done in a fair and legal manner that does not harm TDYHero’s reputation or take advantage of it. Links must not suggest any form of association, approval, or endorsement by TDYHero without prior written consent.
The TDYHero platform may provide social media features that allow you to:
– Link from your own or third-party websites to content on the platform.
– Share content or links via email or other communication channels.
– Display limited content from the platform on your or third-party websites.
You may use these features only as provided and in compliance with any additional terms. You must not:
– Link from websites not owned by you.
– Frame, deep link, or in-line link to the TDYHero platform.
– Use the platform’s materials in ways inconsistent with these Terms of Use.
Websites linking to or displaying TDYHero content must fully comply with the Content Standards outlined in these Terms of Use. TDYHero reserves the right to withdraw linking permission or disable features without notice.
15.2 Third-Party Links from the TDYHero Platform
The TDYHero platform may contain links to third-party websites (“Third-Party Sites”) that are not operated or controlled by TDYHero. These Third-Party Sites may have separate privacy policies, terms, and practices. Your use of such sites is governed solely by their respective policies and terms.
TDYHero provides these links for convenience and does not verify or endorse the content, services, or practices of these Third-Party Sites. TDYHERO DISCLAIMS ALL LIABILITY FOR ANY GOODS, SERVICES, INFORMATION, OR CONTENT ACCESSED THROUGH THIRD-PARTY SITES.
Any reference on the TDYHero platform to third-party products, services, or entities does not imply endorsement or recommendation by TDYHero.
16. APP STORES
You acknowledge and agree that the availability of TDYHero’s mobile applications depends on third-party platforms, such as the Apple App Store or Google Play Store (“App Store”). This Terms of Use is between you and TDYHero, not the App Store, and TDYHero is responsible for the provision of services described herein. If you downloaded the mobile application from the Apple App Store, you acknowledge that Apple and its subsidiaries are third-party beneficiaries of this Terms of Use. Upon your acceptance of this Terms of Use, Apple has the right (and is deemed to have accepted the right) to enforce this agreement as a third-party beneficiary. This Terms of Use incorporates by reference Apple’s Licensed Application End User License Agreement, where you are considered the “end-user.” In the event of a conflict between Apple’s agreement and this Terms of Use, this Terms of Use will prevail.
17. FEDERAL AND STATE LAWS
TDYHero operates within the United States, and its platform is intended for use by persons located within the U.S. The TDYHero platform and its services are not authorized for distribution or reliance outside the U.S. Non-U.S. residents should not act upon any information provided by the platform. Users must comply with all applicable U.S. federal, state, and local laws when accessing or utilizing TDYHero’s platform or services.
18. MINIMUM AGE
TDYHero does not permit individuals under the age of eighteen (18) to use its platform. By accessing or using the TDYHero platform, you represent and warrant that you are at least 18 years old.
19. DISCLAIMER OF WARRANTIES
Your use of the TDYHero platform is entirely at your own risk. The materials provided on the platform, including any content or information, may contain inaccuracies, typographical errors, or outdated information. TDYHero does not warrant the accuracy, completeness, or timeliness of the materials and disclaims all liability for errors or omissions, whether provided by TDYHero, its licensors, suppliers, or other users.
To the fullest extent permitted by law:
– The TDYHero platform, its content, and services are provided “as is” and “as available,” with no express or implied warranties.
– TDYHero disclaims all implied warranties, including but not limited to merchantability, fitness for a particular purpose, title, and non-infringement.
– TDYHero does not guarantee the accuracy, reliability, or completeness of any content on its platform, including user-provided information, rental property listings, or reviews.
TDYHero does not promise continued access to its platform or services and reserves the right to terminate or modify the platform at any time without notice.
You acknowledge that communications and user content submitted through the TDYHero platform may not be secure and can be intercepted by third parties. By submitting such communications, you agree that no confidential, fiduciary, or other relationship is created between you and TDYHero, except as outlined in this Terms of Use.
TDYHero is not a party to any rental agreements or other transactions conducted between users on its platform. It does not control, guarantee, or verify the accuracy or safety of listings, rental properties, or user transactions. Users are advised to exercise reasonable caution and due diligence when engaging in any transaction through the TDYHero platform.
20. LIMITATION OF LIABILITY
We strive to provide a reliable and accessible TDYHero platform, but disruptions in public networks, such as the internet, may occasionally occur. Consequently, we cannot guarantee the TDYHero platform will be available 100% of the time. While we work to minimize interruptions, we disclaim liability for any damages resulting from such issues.
Under no circumstances will TDYHero, its affiliates, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from your use of the TDYHero platform or any hyperlinked website. This includes, without limitation, lost profits, business interruptions, or loss of data, even if we were advised of the possibility of such damages.
Notwithstanding the foregoing, our total liability for any claim related to your use of the TDYHero platform, including services or materials obtained through it, shall not exceed the total fees paid by you to TDYHero in the twelve (12) months preceding the incident giving rise to the claim.
21. INDEMNIFICATION
By using the TDYHero platform, you agree to indemnify, defend, and hold harmless TDYHero, its affiliates, subsidiaries, officers, directors, employees, contractors, agents, licensors, and suppliers from any claims, damages, losses, or expenses (including reasonable attorney’s fees) arising from:
1. Your contributions, communications, or interactions with TDYHero or its affiliates.
2. Unauthorized use of materials, data, or information from the TDYHero platform.
3. Participation in prohibited activities or actions breaching these Terms of Use.
We reserve the right to take control of any matter requiring your indemnification at our sole discretion. However, this does not absolve you of your obligation to indemnify us.
22. GENERAL RELEASE
TDYHero is not a party to transactions or interactions between property owners, travelers, or other users. If a dispute arises, you agree to release TDYHero (and its affiliates, employees, and agents) from claims, demands, and damages of any kind—whether known, unknown, suspected, or unsuspected—that arise out of such disputes.
This release also applies to claims arising from:
1. Your use of the TDYHero platform.
2. Actions, inactions, or omissions of other users.
3. Property promotions or advertisements on the platform.
4. The listing, offering, or rental of properties via the platform.
23. COPYRIGHT COMPLAINTS
TDYHero respects intellectual property rights and takes claims of copyright infringement seriously. If you believe your work has been copied in a way that violates your copyright, please provide our designated copyright agent with the following details:
1. Your physical or electronic signature.
2. Identification of the copyrighted work that you claim has been infringed.
3. Specific identification of the allegedly infringing material and its location on the TDYHero platform.
4. Sufficient contact information, including your name, address, phone number, and email address.
5. A statement of good faith belief that the use is unauthorized by the copyright owner, its agent, or the law.
6. A declaration that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner, under penalty of perjury.
TDYHero’s designated agent for copyright complaints is:
Fox 3 Lodging LLC
attention: TDYHero
4516 E Hwy 20, Suite 3013
Niceville, FL 32578
We are committed to addressing and resolving copyright concerns in compliance with applicable laws.