Terms of Use

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

Lakefront Retreat Network (LRN) TERMS OF USE

These Terms of Use (“Terms”) are a binding legal agreement between you and LRN that govern your right to use the websites, applications, and other offerings from LRN (collectively, the “LRN Platform”). When used in these Terms, “LRN,” “we,” “us,” or “our” refers to LRN with whom you are contracting.

The LRN Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Home Provider” and Members who search for, book, or use services are “Guests.” Home Provider offer a property on a lakefront (“Lake Home”), activities, excursions, and events (“Activities”), and LRN offers a variety of travel and other services such as corporate retreats (collectively, “LRN Services”). In order to become a Home Provider and access and use many features of the LRN Platform, you must register with us a pay an annual membership fee and must keep your account information accurate. As the provider of the LRN Platform, LRN does not own, control, offer or manage any listings or Home Provider Services. LRN is not a party to the contracts entered into directly between Home Provider and Guests, nor is LRN a real estate broker, travel agency, or insurer. LRN is not acting as an agent in any capacity for any Member. To learn more about LRN’s role see Section 16.

We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data.

If you are a Home Provider, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Home Provider Services.

Guest Terms

1. Our Mission.

Our mission is to provide a boutique, relaxing experienced for overwhelmed entrepreneurs who desire to get away and work ON their business versus IN their business.  Our goal is to make your stay as easy as possible.  This means that LRN provides more options and has higher standards than typical rentals.  We know you don’t want to spend time searching for things to do, where to eat etc.  Rather, we make all that information available at your fingertips. Learn more about a Listing by reviewing the description and photos and the Home Provider profile. If you have questions, just message the Home Provider.

2. Searching and Booking on LRN.

2.1 Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like taxes, booking fees and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that LRN may charge the Payment Method (as defined in the Payment Terms) used to book the Listing in order to collect Damage Claim (as defined in Section 15) amounts. When you receive the booking confirmation, a contract for Home Provider Services (a "Reservation") is formed directly between you and the Home Provider. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing.

2.2 Lake Home Reservations. A Lake Home Reservation is a limited license to enter, occupy, and use the Lake Home. The Home Provider retains the right to re-enter the Lake Home during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Home Provider, and (iii) consistent with applicable law. If you stay past checkout, the Home Provider has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests.

2.3 Reservations for Activities and Other Home Provider Services. An Experience or other Home Provider Service Reservation entitles you to participate in, attend, or use that Home Provider Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Home Provider of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Home Provider Service. Except where expressly authorized, you may not allow any person to join a Home Provider Service unless they are included as an additional guest during the booking process.

3. Cancellations, Travel Issues, Refunds and Booking Modifications.

3.1 Cancellations, Travel Issues, and Refunds. In general, if as a Guest you cancel a Reservation, the amount refunded to you is determined by the timing of your cancellation. 

Individual Guests may cancel up to 5 days in advance of the beginning of the Reservation without penalty. Cancellations which occur 4 or fewer days in advance of the beginning of the Reservation will result in a charge in the amount of a one night stay at the Lake Home.  Cancellations received within 48 hours of the beginning of the Reservation, will result in payment of the full amount of the Reservation. 

Retreat events may cancel up to 14 days in advance without penalty.  Cancellations which occur 13 or fewer days in advance of the beginning of the Reservation will result in a credit for the value of the stay.  This credit has to be used for a new Reservation within a year from the first day of the stay under the cancelled reservation or the amount of the credit is forfeited.

3.2 Booking Modifications. Guests and Home Provider are responsible for any booking modifications they agree to make via the LRN Platform or direct LRN customer service to make on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.

4. Your Responsibilities and Assumption of Risk.

4.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Lake Home, Experience, other Home Provider Service or LRN Service. For example, this means: (i) you are responsible for leaving a Lake Home (and related personal property) in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to an Lake Home, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Home Provider Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.

4.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the LRN Platform and any Content (as defined in Section 10), including your stay at any Lake Home, participation in any Experience, use of any other Home Provider Service or LRN Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Home Provider Service or LRN Service to determine whether it is suitable for you. For example, Home Provider Services or LRN Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Home Provider Services and LRN Services.

Home Provider Terms

5. Home Providing on LRN.

5.1 Home Provider. As a Home Provider, LRN offers you the right to use the LRN Platform to share your Lake Home, Experience, or other Home Provider Service and coordinate additional services which LRN provides, with our vibrant community of Guests - and earn money doing it. It’s easy to create a Listing and you are in control of how you Home Provider - set your price, availability, and rules for each Listing.

5.2 Contracting with Guests. When you accept a booking request, or receive a booking confirmation through the LRN Platform, you are entering into a contract directly with the Guest, and are responsible for delivering your Home Provider Service under the terms and at the price specified in your Listing. LRN will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Guests must: (i) be consistent with these Terms and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.

5.3 Independence of Home Provider. Your relationship with LRN is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of LRN, except that LRN acts as a payment collection agent as described in the Payments Terms. LRN does not direct or control your Home Provider Service, and you agree that you have complete discretion whether and when to provide Home Provider Services, and at what price and on what terms to offer them.

6. Managing Your Listing.

6.1 Creating and Managing Your Listing. The LRN Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Home Provider Service, your price, other charges like cleaning fees, resort fees, and any rules or requirements that apply to your Guests or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Home Provider Services and suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per Lake Home. 

6.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Home Provider Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Home Provider to register, get a permit, or obtain a license before providing certain Home Provider Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Home Provider Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Lake Home. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Home Provider. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Home Provider Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms. If you have questions about how local laws apply you should always seek legal advice.

6.3 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Home Provider Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the LRN Platform. Do not encourage Guests to create third-party accounts, provide their contact information, or take other actions outside the LRN Platform.

6.4 Your Assumption of Risk. You acknowledge that Home Providing carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the LRN Platform, offering Home Provider Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the LRN Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Home Provider Services and that you are not relying upon any statement of law made by LRN.

7. Cancellations, Travel Issues, and Booking Modifications.

7.1 Cancellations and Travel Issues. In general, if a Guest cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation (See Section 3.1) As a Home Provider, you should not cancel on a Guest without a valid reason or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee.  If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by LRN exceeds your payout, LRN may recover that amount from you, including by offsetting the refund against your future payouts.

7.2 Booking Modifications. Home Provider and Guests are responsible for any Booking Modifications they agree to make via the LRN Platform or direct LRN customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.

8. Taxes.

8.1 Home Provider Taxes. As a Home Provider, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes ("Taxes").

8.2 Collection and Remittance by LRN. In jurisdictions where LRN facilitates the collection and/or remittance of Taxes on behalf of Home Provider, you instruct and authorize LRN to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by LRN are identified to Members on their transaction records, as applicable. LRN may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by LRN is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.

8.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that LRN may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Home Provider Services to facilitate accurate tax reporting by you, our Guests, and/or their organizations.

General Terms

9. Content.

Parts of the LRN Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant LRN a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where LRN pays for the creation of Content or facilitates its creation, LRN may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant LRN the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy which prohibit, discriminatory, obscene, harassing, deceptive, violent, and illegal content.

10. Fees.

LRN charges fees (and applicable Taxes) to Home Provider and Guests for the right to use the LRN Platform. Home Providers must submit an application via our LRN Platform.  A $1,000 annual fee is charged by LRN to Home Providers to have their Lake Home included in our LRN Platform. LRN also charges the Guest a $200 fee per stay which is added to the cost of the Reservation.  Except as otherwise provided on the LRN Platform, service fees are non-refundable. LRN reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 12.2.

11. LRN Platform Rules.

11.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.

• Act with integrity and treat others with respect
• Do not lie, misrepresent something or someone, or pretend to be someone else.
• Be polite and respectful when you communicate or interact with others.
• Do not discriminate against or harass others.
• Do not scrape, hack, reverse engineer, compromise or impair the LRN Platform
• Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the LRN Platform.
• Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the LRN Platform or Content.
• Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the LRN Platform.
• Do not take any action that could damage or adversely affect the performance or proper functioning of the LRN Platform.
• Only use the LRN Platform as authorized by these Terms or another agreement with us
• You may only use another Member’s personal information as necessary to facilitate a transaction using the LRN Platform as authorized by these Terms.
• Do not use the LRN Platform, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent.
• You may use Content made available through the LRN Platform solely as necessary to enable your use of the LRN Platform as a Guest or Home Provider.
• Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
• Do not request, make, or accept a booking or any payment outside of the LRN Platform to avoid paying fees, taxes or for any other reason.
• Do not require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact, with a third-party website, application or service before, during or after a Reservation, unless authorized by LRN.
• Do not engage in any practices that are intended to manipulate our search algorithm.
• Do not book Home Provider Services unless you are actually using the Home Provider Services.
• Do not use, copy, display, mirror or frame the LRN Platform, any Content, any LRN branding, or any page layout or design without our consent.
• Honor your legal obligations
• Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
• If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
• Read and follow our Terms of Use
• Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your Reservation.
• Do not use the name, logo, branding, or trademarks of LRN or others without permission.
• Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with LRN branding.
• Do not offer Home Provider Services that violate the laws or agreements that apply to you.
• Do not offer or solicit prostitution or participate in or facilitate human trafficking.

11.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting LRN. In addition, if you believe that a Member, Listing or Content has violated our policies or Terms you should report your concerns to LRN. If you reported an issue to local authorities, LRN may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.

11.3 Copyright Notifications. If you believe that Content on the LRN Platform infringes copyrights, please notify us.

12. Termination, Suspension and other Measures.

12.1 Term. The agreement between you and LRN reflected by these Terms is effective when you access the LRN Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

12.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. LRN may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. LRN may also terminate this agreement immediately and without notice and stop providing access to the LRN Platform if you breach these Terms, you violate applicable laws, or we reasonably believe termination is necessary to protect LRN, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.

12.3 Member Violations. If (i) you breach these Terms,  (ii) you violate applicable laws, regulations, or third-party rights, or (iii) LRN believes it is reasonably necessary to protect LRN, its Members, or third parties; LRN may, with or without prior notice:

• suspend or limit your access to or use of the LRN Platform and/or your account;
• suspend or remove Listings, Reviews, or other Content;
• cancel pending or confirmed bookings; or
• suspend or revoke any special status associated with your account.

For minor violations or where otherwise appropriate as LRN determines in its sole discretion, you will be given notice of any intended measure by LRN and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a Reservation is cancelled under this Section, the amount paid to the Home Provider will be reduced by the amount we refund or otherwise provide to the Guest, and by any other costs we incur as a result of the cancellation.

12.4 Legal Mandates. LRN may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 12.3.

12.5 Effect of Termination. If you are a Home Provider and terminate your LRN account, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the LRN Platform has been limited, or your LRN account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the LRN Platform through an account of another Member.

12.6 Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 2 through 26.

13. Modification.

LRN may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the LRN Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the LRN Platform will constitute acceptance of the revised Terms.

14. Resolving Complaints and Damage Claims.

If a Member provides valid evidence that you, your guest(s), or your pet(s)damaged the complaining Member’s real or personal property, or real or personal property the complaining Member is responsible for, including consequential damages, ("Damage Claim"), the complaining Member can notify LRN and/or seek compensation through our resolution process. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to LRN and LRN determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, LRN can collect the amount of the Damage Claim from you. You agree that LRN may seek to recover from you under any insurance policies you maintain and that LRN may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information LRN requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Home Provider Services.

15. LRN’s Role.

We offer you the right to use a platform that enables Members to publish, offer, search for, and book Home Provider Services. While we work hard to ensure our Members have great experiences using LRN, we do not and cannot control the conduct of Guests and Home Provider. You acknowledge that LRN has the right, but does not have any obligation, to monitor the use of the LRN Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the LRN Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that LRN administers these terms including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist LRN in good faith, and to provide LRN with such information and take such actions as may be reasonably requested by LRN with respect to any investigation undertaken by LRN regarding the use or abuse of the LRN Platform. LRN is not acting as an agent for any Member except for where LRN Payments acts as a collection agent as provided in the Payments Terms.

16. Member Accounts.

You must register an account to access and use many features of the LRN Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the LRN Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify LRN if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

17. Disclaimer of Warranties.

We provide the LRN Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Home Provider, Home Provider Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the LRN Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being "verified" (or similar language) indicate only that the Member or Listing or LRN has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

18. Limitations on Liability.

Neither LRN (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the LRN Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the LRN Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the LRN Platform, or (iv) publishing or booking of a Listing, including the provision or use of Home Provider Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not LRN has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

Except for our obligation to transmit payments to Home Provider under these Terms, or make payments under the LRN Home Provider Damage Protection in no event will LRN’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the LRN Platform, any Content, or any Home Provider Service, exceed: (A) to Guests, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability, (B) to Home Provider, the amount paid to you as a Home Provider in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100).

These limitations of liability and damages are fundamental elements of the agreement between you and LRN. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

19. Indemnification.

To the maximum extent permitted by applicable law, you agree to release, defend (at LRN’s option), indemnify, and hold LRN (including other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature)  (ii) your improper use of the LRN Platform, (iii) your interaction with any Member, stay at an Lake Home, participation in an Experience or other Home Provider Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

20. Commonwealth of Virginia Governing Law and Venue.

If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the Commonwealth of Virginia, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 21 must be brought in state or federal court in Fairfax County, Virginia, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Fairfax County, Virginia.

21. Dispute Resolution and Arbitration Agreement.

21.1 Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against LRN in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 21 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

21.2 Overview of Dispute Resolution Process. LRN is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 21 applies: (1) an informal negotiation directly with LRN’s customer service team (described in paragraph 21.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and LRN each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.

21.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and LRN each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to LRN by mailing it to LRN’s agent for service: LRN 17197 Magic Mountain Dr, Round Hill, VA, 20141 - 4406. LRN will send its notice of dispute to the email address associated with your LRN account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).

21.4 Agreement to Arbitrate. You and LRN mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the LRN Platform, Home Provider Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and LRN agree that the arbitrator will decide that issue.

21.5 Exceptions to Arbitration Agreement. You and LRN each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 20): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the LRN Platform or Home Provider Services. You and LRN agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

21.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by the arbitrator in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.

21.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, LRN agrees that any required arbitration hearing may be conducted, at your option: (a) in Fairfax Virginia of (b) via phone or video conference. If the amount in controversy is $5,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.

21.8 Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

21.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

21.10 Jury Trial Waiver. You and LRN acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

21.11 No Class Actions or Representative Proceedings. You and LRN acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

21.12 Severability. Except as provided in Section 21.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

21.13 Changes to Agreement to Arbitrate. If LRN changes this Section 21 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and LRN (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and LRN.

21.14 Survival. Except as provided in Section 21.12 and subject to Section 13.6, this Section 21 will survive any termination of these Terms and will continue to apply even if you stop using the LRN Platform or terminate your LRN account.

22. Miscellaneous.

22.1 Other Terms Incorporated by Reference. Our Content Policy and other supplemental policies and terms linked to in these Terms apply to your use of the LRN Platform, are incorporated by reference, and form part of your agreement with LRN.

22.2 No Waiver. LRN’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

22.3 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by LRN via email, LRN Platform notification, messaging service (including SMS), or any other contact method we enable and you provide.

22.4 Third-Party Services. The LRN Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. LRN is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

22.5 LRN Platform Content. Content made available through the LRN Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of LRN and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the LRN Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, LRN grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the LRN Platform and accessible to you, solely for your personal and non-commercial use.

22.6 Force Majeure. LRN shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

22.7 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your LRN account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an LRN account.

22.8 Contact Us. If you have any questions about these Terms please email us.

CONTENT POLICY

By posting content on LRN you agree to abide by this policy. Content includes any written, photographic, audio, video, or other content, including: (1) Listing titles and descriptions, profile pages, public and private reviews, feedback, and messages to LNR, Home Providers, or guests and members; and (2) Photos and videos, as well as imagery depicted within photos and videos (such as posters or art hanging on a wall)

We reserve the right to remove any content, in whole or part, that violates this policy, our Terms of Use, or for any other reason at our sole discretion. In the event of repeated or severe violations, we may also restrict, suspend, or remove the associated LNR account.

The following content is not allowed on LRN:

Content created solely for the purpose of advertising or other commercial content, including company logos, links, or company names

Spam, unwanted contact, or content that is shared repeatedly in a disruptive manner

Content that endorses or promotes illegal or harmful activity, or that is sexually explicit, violent, graphic, threatening, or harassing

Content that is discriminatory

Content that attempts to impersonate another person, account, or entity, including a representative of Airbnb

Content that is illegal or that violates another person’s or entity’s rights, including intellectual property rights and privacy rights

Content that includes another person’s private or confidential information, including content that is sufficient to identify a listing’s location

Last Updated: July 19, 2023