Welcome to Sojourn LLC (Sojourn), and our website www.sojourndc.com.
IF YOU ARE NOT ELIGLBE, OR DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE OR PROPERTIES, YOUR USE OF THE SERVICE OR PROPERTIES, AND OUR PROVISION OF THE SERVICE TO YOU AND EXPRESS LICENSE FOR YOU TO USE THE PROPERTIES (IF APPLICABLE) CONSTITUES AN AGREEMENT BETWEEN US AND YOU TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT, WHETHER IN WHOLE OR IN PART, IS NOT A LEASE OR RESIDENTIAL TENANCY AGREEMENT, AND DOES NOT COVER OR OTHERWISE TRANSFER OR PROVIDE ANY PROPERTY, LEGAL OR BENEFICIAL RIGHTS OR INTEREST IN REAL ESTATE TO YOU, YOU ARE NOT A TENANT OF, AND HAVE NOT BEEN GRANTED EXCLUSIVE POSSESSION OF, ANY OF THE PROPERTIES.
Section 1 Service Overview:
Section 1.1.Guests: Sojourn provides information on physical properties that we manage on behalf of our Clients (each a “Property” and collectively the “Properties”). You may use the Service to make legitimate reservations for certain Properties and to obtain our express permission for you to use said Property for a certain period of time, in all cases, only in accordance with the terms and conditions of the Agreement, in conjunction with an agreement that you may make by using a 3rd party booking platform and, in some cases, as amended to by any subsequent lease that you may execute with Sojourn (the “Reservation”). For greater clarity, the Service excludes any and all Properties, but includes services provided by Sojourn in connection with your permitted use of the Properties, whether you reserve said Property directly from us or a 3rd party.
Section 1.2Clients and Potential Clients: You are being provided with the Service in order to understand the hospitality and management services that Sojourn provides and to access information regarding the same. Your use of the Service does not create an agreement between you and Sojourn to [provide you with hospitality and/or property management services. You must execute a separate agreement with Sojourn to become a Client of Sojourn.
Section 2 Eligibility. You must be at least 18 years old to use the Service. By agreeing to this Agreement, you represent and warrant to us that you are fully able and competent to enter into this Agreement and have not been suspended or removed from the Service. In utilizing the Service and the Properties, you represent and warrant that your use will be in compliance with this Agreement as well as any and all applicable laws, rules and regulations. If you are an organization, the individual accepting this Agreement on your behalf represents and warrants the authority to bind you to this Agreement and you agree to be bound by the same.
Section 3 Accounts and Registration. In using this website, you may be asked to register for an account in order to use the Service, or you may simply be able to use the Service to make a Reservation. In both circumstances, you will be required to provide information including, but not limited to, your name, email address, home address and other contact information. You agree that the information that you provide to us is accurate and that you will maintain its accuracy at all times.
Section 4 Provision of Identification and Background Checks. You acknowledge and agree that for safety and fraud prevention purposes, and to the extent permitted by applicable law, we may, but have no obligation to, before and/or while you reserve and/or occupy a Property require that you provide us with:
- a form of government issued picture identification. In the event the provided identification does not match the credit card provided to secure the Property, we can refuse to honour any reservation that you may have made through any means and in so doing, refuse you access to the Property.
Section 5 Your Sojourn.
Section 5.1. Reservation. Subject to your complete and ongoing compliance with this Agreement, a Reservation grants you a limited exclusive, non-transferable, non-sublicense revocable license to occupy the specific type of Property (“Booked Property”) for only the specific period of time that you have reserved through the Service (“Period of Occupancy”) and for the maximum number of occupants permitted by us, as confirmed in writing by us and provided by us to you by email or other means. Sojourn is not obligated to make the Booked Property available, and a binding contract with respect to the Booked Property is not in place until such time as we provide written confirmation or you remit payment for the Reservation. In no event shall you have any rights to renewal, extension or recurring use of the Booked Property.
Section 5.2 Alternative Accommodations. In the event that the Booked Property becomes unavailable, for the whole or any period of the Period of Occupancy, we will endeavor to arrange suitable alternative accommodations during the Period of Occupancy. If you do not accept a suitable alternative accommodation that we offer you, then you will be entitled to cancel the Reservation and any Fees paid will be repaid and neither Sojourn nor any of our third party suppliers, will be liable to you for any further amounts related to the Reservation.
Section 5.3 Modifications. You may be able to modify the Reservation, subject to additional fees and charges. For the avoidance of doubt, if you modify or extend the Period of Occupancy of the Reservation, you will be charged the Booked Property’s then market rate for the modified dates. You will have the opportunity to review and accept any additional fees and/or charges prior to modifying the Reservation.
Section 6 Fees and Payments. When you make a Reservation, you will obligate yourself, subject to the applicable cancellation policy, to pay for the Service (the “Transaction”).
Section 6.1 The Fee. Sojourn reserves the right to determine pricing for the Service and any products that we offer for sale or Properties that you may reserve through the Service. We will make reasonable efforts to keep the pricing information published on our website up to date. We may change any of the applicable pricing, including by adding fees or charges, at any time prior to completion of your Reservation. We may, in our sole discretion, make promotional offers with different features and different pricing to any of our customers. The promotional offers, unless specifically offered to you, will not apply to you, the Transaction or this Agreement.
Section 6.2 Currency. The Properties are all located in the United States thus Sojourn issues payment terms in USD only. If the currency charged is not the same as the currency of your country, Sojourn bares no responsibility for discrepancy in the exchange rate resulting in a slightly different charge. What you are actually charged is dependent upon the exchange rate on the day that the Transaction is processed. If you use a 3rd party platform, the Transaction may be expressed in the currency of your country.
Section 6.3 Payment Due. Unless other arrangements have been made, you must pay for the Reservation 7 days prior to the scheduled date that the Reservation begins.
Section 6.4 Processing Fee. Sojourn reserves the right to pass on a 3% fee should there be a fee charged to process your Transaction.
Section 6.5 Authorization. By using the Service you are authorizing Sojourn to charge all applicable sums(including any applicable deposit and/or cleaning fee) for the Reservation and/or Transaction in accordance with all applicable taxes.
Section 6.6 Cancellation. We may charge all applicable sums for the Reservation made through the Service at the time the Reservation is requested however, you may cancel a Reservation without penalty 7 days prior to the scheduled date of the Reservation. If you book the Reservation less than 7 days prior to the scheduled date of the Reservation, you have 48 hours from the time of booking to cancel without penalty (cumulatively “Cancellation without Penalty”). If your cancellation qualifies as a “Cancellation without Penalty”, any and all sums charged will be refunded save and except for if you have paid for the Transaction by credit card prior to your cancellation, you will be charged a 3% service fee. This is in addition to any service fee charged on the Transaction. YOU ACKNOWLEDGE AND AGREE THAT IF YOU REQUEST OR COMPLETE A RESERVATION FOR A PROPERTY THROUGH A THIRD PARTY OR THIRD-PARTY WEBSITE, STRICTER CANCELLATION POLICIES MAY APPLY. PLEASE REVIEW SUCH THIRD PARTY POLICIES BEFORE SUBMITTING YOUR RESERVATION REQUEST AND MAKE SURE YOU AGREE WITH THE APPLICABLE CANCELLATION POLICY.
Section 6.7 Repeated Cancellations. If you repeatedly cancel confirmed reservations, Sojourn has the right, in our sole discretion, to temporarily or permanently suspend or terminate your access to the Service.
Section 6.9 Delinquent Accounts. Sojourn may suspend or terminate your access to the Service or the Properties if you fail to satisfy any amount associated with your use of the Service. In addition, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.
Section 7 Consent to Electronic Communication. By using this Service and the Properties, you acknowledge and consent to receiving certain electronic communications, including SMS Text communications, from Sojourn as an integral part of the Service. You agree that any notices, agreements, disclosures or other communications that Sojourn sends you electronically will satisfy any legal communication requirements, including that communications be in writing.
Section 8 Limited License to Booked Property. Subject to your complete and ongoing compliance with this Agreement, your Reservation grants you a limited, exclusive, non-transferable, non-sub-licensable revocable license to occupy the Booked Property for the Period of Occupancy. Notwithstanding the foregoing, WE RESERVE THE RIGHT AT ALL TIMES DURING THE Period of Occupancy to permit others to enter the Booked Property at any time in the following circumstances;
- In response to a request by you, upon your consent, or as necessary to provide the Service to you;
- To investigate, address or prevent any actual or reasonably suspected or foreseeable past, current or impending unlawful activity;
- To prevent or mitigate bodily harm to you or others that we reasonably expect has or may occur;
- Upon your breach of any provision of this Agreement, provided that we give you prior notice;
- For any purpose including for repair and maintenance, provided that we give you reasonable notice;
- To cooperate with requests from law enforcement officials to enter the Booked Property;
- Where we believe reasonably necessary to protect the personal safety, rights or property of Sojourn, you or any third party or to prevent fraud or other unlawful activity; and/or
- viii.At any time in the event of an emergency.
Section 9 Restrictions and Responsibilities.
Section 9.1 Compliance with the Law. If you are prohibited under applicable law from using the Service or the Property, you may not use them. You understand and agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to your use of the Service and/or Property (including Booked Property).
Section 9.2 Use of Amenities. You and your guest(s) may use only the Booked Property amenities that are described in your reservation confirmation. You agree to comply and ensure that your guests comply with all of our rules and the rules applicable to the Booked Property with respect to you and your guest(s) use of the amenities. You understand and agree that your use of such amenities may be suspended if you or any of your guest(s) violate any such rules. You shall be responsible for any damage to such amenities that you or any of your guest(s) cause. ANY USE OF SUCH AMENITIES IS AT YOUR AND YOUR GUEST(S) OWN RISK AND YOU AND YOUR GUEST(S) RELEASE, DISCHARGE AND COVENANT NOT TO SUE ANY SOJOURN ENTITIES OR CLIENT THEREOF IN CONNECTION WITH ANY USE OF SUCH AMENITIES.
Section 9.3 PROHIBITED CONDUCT. In connection with your use of the Service and Property, you may not and you agree that you will not (except and solely to the extent such restriction is impermissible under applicable law):
- Use the Service or any Property for any illegal purpose or in violation of any local, state, national or international law;
- Impersonate any individual or organization or falsify or otherwise misrepresent yourself (including your identity, age or date of birth) or your affiliation with any individual or organization;
- Use the Service or any Property for any commercial or other purpose that is not expressly permitted under this Agreement, including but not limited to reselling or transferring to any other individual or organization any Reservation, other than as expressly permitted by Sojourn;
- Make a false, fraudulent or speculative Reservation;
- Bring into or onto any Property any dangerous or hazardous item;
- Attempt to decipher, decompile, disassemble or reverse engineer the software used to provide the Service;
- Use or display our trademark, name, logo or other proprietary information without our express consent;
- Copy, store or otherwise access any information accessible through the Service for purposes not expressly permitted under this Agreement;
- Use manual or automated software devices, scripts, robots, or other means or processes to access, “scrape”, “crawl”, or “spider” any web pages or other services contained in the Service or to otherwise collect information or interact with the Service;
- Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, in one or more downloads, a collection, compilation, database, directory or the like, whether by manual or automated methods;
- Interfere or tamper with, circumvent, damage or test the vulnerability of any aspect of the Service or Properties (including any physical item therein) whether by manual or automated methods, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing of email address information, or similar methods or technology;
- Infringe, misappropriate, or violate the rights of any individual or organization, including their intellectual property rights or their privacy, publicity, confidentiality, contractual, property or other rights;
- Use the Service or any Property to transmit, distribute, post or submit any information concerning any other individual or organization without such individual’s or organization’s permission, including photographs, personal contact information or credit, debit or other account numbers;
- Engage in any conduct that: (1) would give rise to civil liability; (ii) is fraudulent, false, misleading or deceptive; (iii) is defamatory, obscene, pornographic, vulgar or offensive; (iv) promotes or constitutes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is violent or threatening or promotes violence or actions that are threatening to any other individual or organization; (vi) promotes illegal or harmful activities or substances; or (vii) is restricted or prohibited by, or under, any of our Additional Terms; or
- Attempt to do any of the foregoing, or assist or advocate, encourage, permit, or assist any third party in doing any of the foregoing.
Section 10 Safety Appliances. You acknowledge and agree that the Property may contain certain safety appliances such as smoke detectors, carbon monoxide detectors and/or sound level monitoring units. In addition, the Property may contain video surveillance in the common area. You consent to the use of these safety features, and you agree not to interfere or tamper with these features.
Section 11 Damaged Property: You are obligated to leave any Booked Property in the condition that it was in when you arrived, and to comply with your obligations as set out herein and any House Rules, as communicated to you at the time of your Reservation and as applicable to the Booked Property. You acknowledge and agree that you are responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, any Booked Property. If we have reason to believe that you have damaged a Booked Property or damaged or stolen any item therein (“Damaged Property”), we will provide you with reasonable notice and evidence of such damage or suspected theft and you will have three (3) business days to respond to our notice. After this time period, we will automatically be entitled to charge the Applicable Payment Method for the full amount of the greater of the costs and fees actually incurred to replace or fix the Damaged Property, or what we reasonably expect to incur to fix or replace the Damaged Property (the ‘Damaged Property Fee”). We reserve the right to fix the Damaged Property in the manner of our choosing and to pursue any and all avenues available to us to collect from you the Damaged Property Fee and you agree to cooperate with and assist us in good faith, and to provide us with such information as we may reasonably request in order to successfully make such claim.
Section 12 Investigation and Prosecution. Sojourn reserves, at all times, the right to investigate and prosecute the breach of any provision of this Agreement to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who breach any provision of this Agreement. If Sojourn is required to engage any legal counsel to enforce the conditions of this Agreement, to collect any amounts due, to remove you or your belongings from a Booked Property, you shall be responsible for all lawyers’ fees and expenses incurred in connection with the foregoing.
Section 13 Proprietary Rights. The Service is owned and operated by Sojourn. The visual interfaces, the logo and other graphics, design compilation, information, data, computer code, products, software, services and all other elements of the Service (the “Materials”) are protected by intellectual property laws. All Materials included in this service are Sojourn’s and/or our third party licensor’s property. Except as expressly authorized by Sojourn, you may not make use of the Materials.
Section 14 User Content. Certain features of the Service may permit you, as a user, to submit content to the Service and it is expected that the User or Sojourn will publish the User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post on the Service.
Section 14.1 Ratings and Reviews. After completing a Reservation, the Service may permit you to provide a public review or rating of the Property (“Review”) regarding your experience with the Service and/or Booked Property. Reviews reflect the opinions of the individual that leaves them and may be incorrect or misleading. We may, but are not obliged to, verify any Review for accuracy. You acknowledge and agree that if you provide a Review that is must be accurate and not offensive or defamatory and may be published on the Service, or a third party service as permitted by Sojourn. Such review will constitute User Content.
Section 14.2 Limited License Granted. By providing User Content to or via the Service, you grant us an unrestricted, worldwide, perpetual, irrevocable, non-exclusive, freely transferable and sublicensable (including through multiple tiers) royalty-free, and fully-paid license to exploit the User Content, in whole or in part, in any manner, including in any language or any media formats and through any media channels now known or hereafter developed and for any purpose with no obligation or accounting to you.
Section 14.3 User Content Representations and Warranties. We disclaim any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. You affirm, represent and warrant that:
- you are the creator and owner of the User Content, or have the necessary licenses, rights, consents and permissions to authorize us and our sublicenses to use and distribute your User Content;
- your User Content, and the use of your User Content as contemplated by this Agreement, does not and will not: (1) infringe violate, or misappropriate any third party’s right, including any copyright, trademark, patent, trade secret, moral right, right of publicity or any other intellectual property right; (2) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any individual or organization; or (3) cause Sojourn to violate any law, rule or regulation.
Section 14.4 User Content Disclaimer. Sojourn is not under an obligation to edit or control User Content that you or others post or publish and will not, in any way, be responsible or liable for the User Content. Sojourn may, however, at any time, and without any notice to you, screen, remove, edit or block any User Content that in Sojourn’s sole judgment violates this Agreement or is otherwise objectionable.
Section 15 Digital Millennium Copyright Act (DCMA).
Section 15.1 DCMA Notification. Sojourn complies with the provisions of the DCMA applicable to internet service providers. If you have an intellectual property rights related complaint about material posted on the Service, you may contact us at:
ATTN: DMCA Notification
503 Independence Ave SE
Washington, DC, 20003
Any Notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
- A description of the intellectual property right that you claim has been infringed;
- A description of the material that you claim is infringing and where it is located on the Service;
- Your address, telephone number and email address;
- A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf; and
- An electronic or physical signature of the individual authorized to act on behalf of the owner of the intellectual property right being infringed.
Section 16 Modification of this Agreement. Going forward, Sojourn reserves the right to alter the agreement (including any of the Additional Terms) at any time. Please check this Agreement periodically for changes. If we make a change to this Agreement that materially modifies your rights or obligations, we may notify you and require that you accept the modified Agreement in order to continue to use the Service, or a Property. Immaterial modifications are effective upon publication.
Section 17 Term and Termination.
Section 17.1 Term. This Agreement is effective from the moment that you accept it or first access or use the Service or Properties, and is terminated as described below in Subsection 17.2 below.
Section 17.2 Termination. To the maximum extent permitted by applicable law, if you violate any provision of this Agreement, all of our licenses to you and this Agreement will automatically terminate without notice to you. In addition, Sojourn may, in its sole discretion, terminate the Agreement or your account on the Service, at any time for any reason or no reason, with or without notice. Similarly, you may terminate your account of this Agreement at any time by contacting firstname.lastname@example.org and requesting that your account be deleted.
Section 17.3 Effect of Termination. Upon termination of this Agreement;
i. any and all licenses granted hereunder terminate and you must immediately cease using the Service and the Properties;
ii. you will no longer be authorized to access your account or the Service or any Properties;
iii. you must pay any unpaid amounts that were due prior to termination; and
iv. any and all payment obligations accrued prior to the termination will survive and must be satisfied.
Section 18 Modification of the Service. Sojourn reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) temporarily or permanently, without notice to you. Sojourn will have no liability for any change to the Service or any suspension or termination of the same.
Section 19 Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service and Properties, and you will defend and indemnify Sojourn, as well as Sojourn’s officers, employees, Clients, contractors, consultants, affiliates and agents from and against every claim brought by a third party, and any related liability, direct or indirect damage, loss and expense, including reasonable attorney fees and costs arising out of or in connection with;
i. your unauthorized use of, or misuse of, the Service or Properties;
ii. your breach or violation of any portion of this Agreement, any representation or warranty, or agreement referenced in this Agreement, or any applicable law, rule, or regulation;
iii. your infringement, misappropriation, or violation of any portion of any third party rights, including any intellectual property rights or any privacy, publicity or confidentiality rights;
iv. any dispute or issue between you and any third party; or
v. any injury, death or damages sustained by any individual or entity, or property of the same, where such injury, death or damage is caused by you or any of your guests, visitors or invitees acts or omissions. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of those claims.
Section 20 Disclaimers:
Section 20.1 “AS IS”. THE SERVICE, PROPERTIES AND ALL MATERIAL AND CONTENT AVAILABLE THROUGH THE SERVICE AND PROPERTIES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, PROPERTIES AND ALL MATERIALS AND CONTENT AVAILABLE THRIOUGH THE SERVICE AND PROPERTIES INCLUDING: (A) ANY IMPLIED WARRANTY OR MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF THE COURSE OF DEALING, USAGE OR TRADE.
Section 20.2 Consistency. WE DO NOT WARRANT THAT THE SERVICE, PROPERTIES, MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE AND PROPERTIES OR ANY PORTION OF ANY OF THE FOREGOING WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND WE DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
Section 20.3 Quality. WE DO NOT MAKE ANY WARRANTY REGARDING THE QUALITY OF ANY ASPECT OF THE SERVICE, PROPERTIES OR MATERIAL OR CONTENT AVAILABLE THROUGH THE SERVICE OR PROPERTIES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE FOREGOING.
Section 20.4 Outside our Control. YOU UNDERSTAND AND AGREE THAT WE SHALL NOT BE RESPONSBILE OR LIABLE FOR THE ACTIONS OF ANY THIRD PARTY OR ANY CONDITION OR CIRCUMSTANCE OUTSIDE A PROPERTY.
Section 20.5 Expressly Written. OTHER THAN AS SET OUT BELOW IN SECTION 21, NO ADVICE OR INFORMATION, WHETEHR ORAL OR WRITTEN OBTAINED BY YOU FROM THE SERVICE, PROPERTIES OR ANY MATERIAL OR CONTENT AVAILABLE THROUGH THE SERVICE OR PROPERTIES WILL CREATE ANY WARRANTY REGARDING ANY OF THE FOREGOING THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND PROPERTIES AT YOUR OWN DISCRETION AND RISK AND THAT WE ARE NOT RESPONSBILE FOR ANY DAMAGE TO YOUR PROPERTY OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
Section 20.6 3rd Party Fees. WE DO NOT CONTROL ANY FEES THAT MAY BE CHARGED TO YOU BY ANY THIRD PARTY RELATING TO OUR COLLECTION OF ANY FEES THAT YOU OWE US UNDER THIS AGREEMENT, AND WE DISCLAIM ALL LIABILITY IN CONNECTION WITH THE FOREGOING.
Section 20.7 As Permitted by Law. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT WE ARE PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
Section 21 Limitation of Liability.
Section 21.1 Limits on Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SOJOURN, OR ITS CLIENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REPUTATION, GOODWILL OR DATA, OR ANY OTHER INTANGBLE LOSS.
Section 21.2 Further Limitation on Damages. TO THE FULEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SOJOURN OR ITS CLIENTS BE LIABLE TO YOU FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SERVICE OR PROPERTIES, OR ANY MATERIAL OR CONTENT AVAILABLE THROUGH THE SERVICE OR PROPERTIES WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY.
Section 21.3 As Permissible. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLWAFUL TO DO SO.
Section 21.4 Limitations on Amount of Liability. THE AGGREGATE OF SOJOURN’S LIABILITY FOR ALL CLAIMS ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR TO THE USE, OR ANY INABILITY TO USE, THE SERVICE, PROPERTIES OR MATERIAL OR CONTENT AVAILABLE THROUGH THE SERVICE OR PROPERTIES IS LIMITED TO THE GREATER OF:
- THE AMOUNT YOU HAVE PAID TO SOJOURN OR THEIR CLIENTS FOR ACCESS TO AND USE OF THE SERVICE AND/OR PROPERTIES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM; OR
- $250.00 OR AS PRESCRIBED BY LEGISLATION;
Section 21.4 Allocation of Risks. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, WARRANTY OR DISCLAIMER IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS AGREEMENT. EACH ALLOCATION OF RISK IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH PROVISION IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT.
Section 22 No Class Actions. You and Sojourn agree that each may bring claims against the other only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Section 24 Assignment. You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part without Sojourn’s written consent, which may be withheld in our own discretion. Sojourn may assign or transfer this Agreement in whole or in part, at any time without notice or consent.
Section 25 No Waiver. The failure to require performance of any provision of this Agreement will not affect Sojourn’s right to require performance at any other time after that, nor will a waiver of a breach or default of this Agreement be a waiver or any subsequent breach or default.
Section 26 Miscellaneous Terms.
Section 26.1 Headings. Use of Section headings in this Agreement are for convenience only and will not have any impact on the interpretation of any provision.
Section 26.2 Rights as a Consumer. Nothing in this Agreement will affect your rights as a consumer.
Section 26.3 Severability. If any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
Section 27 Governing Law. Unless your country of residence requires otherwise, this Agreement is governed by the laws of the State of Virginia, without regard to conflict of law principles. You and Sojourn both submit to the personal and exclusive jurisdiction of the state and federal courts located within the State of Virginia.
Section 28 Force Majeure. Sojourn will not be liable or deemed to be in breach of this Agreement by reason of any delay in performing or failure to perform any of its obligations, if the delay or failure was due to any cause beyond Sojourn’s reasonable control, including, but not limited to, severe weather, power or other utility cut-off, burglary, natural disaster, including a global pandemic, strikes, governmental action, terrorism, war, civil unrest or other similar events of “force majeure”.