Terms of Service

These Terms of Services (along with our Privacy Policy, the “Terms of Service”) set forth legally binding terms and apply to your use of www.lakevida.com (collectively, the “Site”) and any services, products, platforms, features, content, or applications offered by Lake Vida LLC and its affiliates (collectively, “Lake Vida,” “we,” “us,” or “our”) (together with the Site, the “Services”).

Definitions:

“Affiliates” include any company owned or controlled by Lake Vida LLC.
“Agents” are people and other entities we contract with, including our independent contractor licensed real estate salespersons, that may offer or provide services to you. Please note that although Agents may elect to use Lake Vida designated email addresses or marketing materials, Agents are independent contractors who are not employed or controlled by Lake Vida. These Terms of Service do not govern your interaction with Agents outside of the Site, and you will be governed by other terms, if any, of the websites or services through which you are interacting with those Agents.
“Buyer” is a user(s) seeking to purchase a Lake Home using the Services.
“Content” includes, without limitation, any and all information on the Site and made available to you by using the Services, including Listing(s), information, data, text, photographs, videos, virtual tours, audio clips, written posts, reviews, feedback, comments, market reports, graphics, and features provided or otherwise made accessible on or through the Services, including User Content.
“Lake Home” is any residence(s) located on a lake, river or body of water.
“Landlord” is a user(s) seeking to list a Lake Home for lease using the Services.
“Listing” is the listing of a Lake Home on a private or public exchange for sale or rent using the Services.
“Renter” is a user(s) seeking to rent or lease a Lake Home using the Services.
“Seller” is a user(s) seeking to sell a Lake Home using the Services.
“User Content” means all information and other content added, created, uploaded, submitted, distributed, or posted in connection with the Services or otherwise provided by a user.

1. Acceptance of Terms of Service; Eligibility

BY REGISTERING FOR AND/OR USING THE SERVICES IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, VISITING OR BROWSING THE SITE, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL OTHER TERMS AND CONDITIONS, OPERATING RULES, POLICIES, AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME THROUGH THE SERVICES BY US OR OTHERWISE PROVIDED TO YOU IN CONNECTION WITH THE SERVICES, EACH OF WHICH IS INCORPORATED BY REFERENCE INTO THESE TERMS OF SERVICE. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO DO SO.

You represent and warrant that you (i) are at least eighteen (18) years of age, (ii) are located in the United States but are not a resident or otherwise accessing the Services from California, and (iii) have the right, authority, and capacity to enter into, perform your obligations under, and abide by these Terms of Service. If you are under the age of 18 or located in California, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person and change the eligibility criteria at any time. You are solely responsible for ensuring that your use of the Services under these Terms of Service is compliant with all laws, rules, and regulations applicable to you. The right to access the Services is revoked where use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule, or regulation. Further, unless otherwise mutually agreed in writing, the Services are offered only for your use and not for the use or benefit of any third party; and in any event, each person receiving the benefit of the Services must agree to and abide by these Terms of Service as a condition to our obligations.

2. What We Do; Registration as Member

In addition to the services we offer in person, the Services include online platforms where individuals (Buyers, Sellers, Landlords, Renters) can buy, sell, rent, improve, maintain and/or get general help with respect to a Lake Home. To utilize certain Services, you will be required to register for a Membership Account (an “Account”). You must provide accurate and complete information to register and keep your Account. You have the ability to delete your Account through a request made to us. We follow all United States Equal Housing Opportunity laws and encourage all of our users to be aware of and follow such laws.

3. License Grant

Subject to these Terms of Service, we grant each user of the Services a non-exclusive, non-sublicensable, and non-transferable license to access and use the Services and access, download, and display locally, all Content therein for your personal, non-commercial purposes. Any reproduction, modification, distribution, storage, or other use of the Services, or any Content therein for commercial purposes or any other purpose, is expressly prohibited without prior written permission from us. You shall not sell, license, rent, share, publish, or otherwise use or exploit any Content outside the Services for commercial use, in connection with the provision of services to a third party, or in any way that violates any third party right. We do not guarantee that any certain amount or quality of Content will be made available through the Services. We reserve the right, for any or nor reason, to remove, edit, or modify any Content in our sole discretion, at any time, without notice to you, and to remove or block any Content from the Services.

Without limiting the foregoing, non-Lake Vida real estate agents, salespersons or similar state licensed real estate professional(s) may not market or make commercial use of the Content in any way, including, without limitation, advertising our property listings, copying our Content for commercial use, or contacting our customers or the owners or sellers of any properties listed on the Services.

4. Rules of Conduct

As a condition of use, you shall not use the Services for any purpose that is prohibited by these Terms of Service. You shall not (i) manipulate the price or description of any Listing without proper authorization; (ii) interfere with other users’ Listings; (iii) recruit, solicit, or encourage any other user to use third party services or websites that are competitive to ours; (iv) use the Services to find a Listing, Landlord, Buyer, Seller, or Renter and then complete a transaction independent of the Services in order to circumvent the obligation to pay any fees related to our provision of the Services; (v) interfere or attempt to interfere with the proper working of the Services or any activities conducted in connection with the Services; (vi) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (vii) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (viii) harvest or scrape any Content from the Services; (ix) modify, translate, or otherwise create derivative works of any part of the Services; or (x) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. We also reserve the right, without any obligation, to access, read, preserve, and disclose any information as we reasonably believe is necessary to satisfy any applicable law, regulation, legal process or governmental request or otherwise enforce these Terms of Service. You acknowledge and agree that we may, but have no obligation to, conduct background checks, reference checks, and credit checks on any users of the Services.

5. User Content

User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent to us that all User Content provided by you is accurate, complete, up-to- date, and in compliance with all applicable laws, rules, and regulations. You must ensure that all User Content posted by you complies with all applicable laws and regulations. Without limiting the foregoing, you must not post User Content that: (i) infringes another party or parties’ intellectual property rights; (ii) is false, inaccurate, unlawful or otherwise deceptive or hateful; (iii) is spam as determined by Lake Vida; (iv) contains viruses or code not authorized by Lake Vida; and/or (v) has confidential information of others that you do not have permission to share. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non exclusive, perpetual, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Services and our (including successors’ and assigns’) businesses, including, without limitation, for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights
to grant such licenses to us without infringement or violation of any third party rights, including, without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

6. Intellectual Property Rights

You acknowledge and agree that the Services and the Content, including User Content provided by others, are owned by us, our licensors, or other providers of such material and are protected by United States and international intellectual property or proprietary rights laws. No right, title, or interest in or to the Services or any Content provided in connection with the Services is transferred or otherwise granted to you under these Terms of Service. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, or other laws. The names, logos, product and service names, designs, slogans, and other trademarks associated with the Services are ours and those of our licensors. You must not use any of the foregoing without our prior written permission in each instance. The Services may contain Content specifically provided by us, our partners, or our users, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

7. Third Party Services

The Site and applications may permit you to link to other websites, services, or resources on the Internet, and other websites, services, or resources may contain links to the Services. When you access third-party resources on the Internet, you do so at your own risk. You acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such third-party websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party website or resource.

8. Termination

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, and effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by emailing info@lakevida.com. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and arbitration.

9. Warranty Disclaimers

UNLESS WE HAVE SIGNED A STATE-MANDATED WRITTEN AGREEMENT WITH YOU THAT STATES OTHERWISE, WE HAVE NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. YOU ACKNOWLEDGE THAT ALL CONTENT, INCLUDING USER CONTENT, ACCESSED BY YOU USING THE SERVICES IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS TO YOU OR ANY OTHER PARTY RESULTING THEREFROM. WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY OR MAKE ANY WARRANTIES OR GUARANTEES THAT ANY CONTENT YOU ACCESS ON OR THROUGH THE SERVICES IS OR WILL CONTINUE TO BE ACCURATE, SAFE, OR LEGAL.

ALL CONTENT AND INFORMATION IS SUBJECT TO ERRORS, OMISSIONS, CHANGES IN PRICE, PRIOR SALE OR RENTAL, OR WITHDRAWAL WITHOUT NOTICE. NO REPRESENTATION, WARRANTY, COVENANT, OR GUARANTEE IS MADE AS TO THE ACCURACY OF ANY DESCRIPTION. ALL MEASUREMENTS AND SQUARE FOOTAGES ARE APPROXIMATE AND MAY NOT BE RELIED UPON BY YOU. ALL INFORMATION SHOULD BE CONFIRMED BY YOU.

WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING THAT FROM AGENTS, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, OR LEGALITY OF MATERIAL OR CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES OR FOR ANY ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE SERVICES. IF ANY SAMPLE OR OTHER CONTRACTS ARE PROVIDED OR OTHERWISE OBTAINED THROUGH THE SERVICES, WE DO NOT WARRANT THAT SUCH TERMS WILL SUFFICIENTLY COVER THE RELATIONSHIP YOU SEEK TO DEVELOP BY ENTERING INTO SUCH TERMS, NOR DO WE REPRESENT, WARRANT, OR GUARANTEE THAT SUCH TERMS ARE LEGAL, BINDING, ADEQUATE, COMPLETE, OR IN ANY WAY APPROPRIATE FOR YOUR INTENDED PURPOSES. IT IS YOUR RESPONSIBILITY TO CONSULT WITH INDEPENDENT LEGAL COUNSEL PRIOR TO ENTERING INTO ANY CONTRACT OR AGREEMENT WITH A THIRD PARTY.

THE SERVICES AND CONTENT, INCLUDING THAT FROM AGENTS, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY LISTING, PROPERTY, CONTRACT, CONTENT, OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY, INCLUDING THAT FROM AGENTS, THROUGH THE SERVICES, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF LISTING INFORMATION, PROPERTIES, CONTENT, OR SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT WE (I) DO NOT DECIDE WHAT PRICE IS APPROPRIATE FOR THE LISTING; (II) DO NOT GUARANTEE THE CONDITION OF ANY PROPERTIES OR THE PERFORMANCE, ADEQUACY, OR COMPLETENESS OF INSPECTIONS, SERVICES, PRODUCTS, OR REPAIRS; (III) DO NOT HAVE ANY OBLIGATION TO CONDUCT ANY INSPECTIONS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, OF COMMON AREAS, OFFSITE AREAS, OR OTHER ASPECTS OF THE PROPERTIES; (IV) HAVE NO RESPONSIBILITY FOR IDENTIFYING DEFECTS WITH THE PROPERTY OR INSPECTING PUBLIC RECORDS OR PERMITS REGARDING TITLE OR USE OF THE PROPERTIES; (V) ARE NOT RESPONSIBLE FOR VERIFYING SQUARE FOOTAGE, REPRESENTATIONS OF OTHERS, OR INFORMATION CONTAINED IN ANY PROPERTY REPORTS, LISTINGS, OR PROMOTIONAL MATERIALS; AND (VI) ARE NOT RESPONSIBLE FOR PROVIDING LEGAL OR TAX ADVICE REGARDING ANY TRANSACTIONS. LISTINGS AND RELATED INFORMATION PROVIDED FROM THIRD PARTIES ARE PROVIDED SOLELY AS A CONVENIENCE, AND LAKE VIDA HAS NOT REVIEWED OR CONFIRMED ANY INFORMATION ORIGINATING FROM SOURCES OTHER THAN LAKE VIDA, INCLUDING THAT FROM AGENTS.

10. Limitation of Liability

IN NO EVENT SHALL WE, NOR OUR AFFILIATES AND EACH OF OUR AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, DIRECTORS, SUPPLIERS, LICENSORS, AND REPRESENTATIVES, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS, ACCOMMODATIONS, RIGHTS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE LESSER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS SIX (6) MONTH PERIOD OR (B) $100.00.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR (I) USER CONTENT, (II) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR (III) THE CONDITION, LEGALITY, OR SUITABILITY OF ANY PROPERTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY AND ENTIRELY WITH YOU.

YOU SHALL AND HEREBY DO RELEASE US FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED HOUSING THROUGH THE SERVICES. YOU HEREBY RELEASE US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, PREDECESSORS, ASSIGNS, HEIRS, SERVICE PROVIDERS, INSURERS, INVESTORS, ATTORNEYS, ADVISORS, AND SUPPLIERS FROM ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, DIRECT AND INDIRECT, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO CONTENT ACCESSED THROUGH THE SERVICES, OR ANY INTERACTIONS WITH OTHERS ARISING OUT OF OR RELATED THERETO, AND YOU EXPRESSLY WAIVE THE PROVISIONS OF ANY LOCAL LAW, WHICH PROVIDES IN SUBSTANCE: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR,” AND ALL SIMILAR CODE PROVISIONS IN ANY JURISDICTION.

11. Arbitration Clause and Class Action Waiver

IMPORTANTLY, PLEASE REVIEW THIS SECTION AS THIS ARBITRATION CLAUSE AND CLASS ACTION WAIVER AFFECTS YOUR LEGAL RIGHTS.

Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. THIS DISPUTE RESOLUTION PROVISION WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT AND NOT BY ANY STATE LAW CONCERNING ARBITRATION. IN THE EVENT THE AMERICAN ARBITRATION ASSOCIATION IS UNWILLING OR UNABLE TO SET A HEARING DATE WITHIN 365 DAYS OF FILING THE CASE, THEN EITHER WE OR YOU CAN ELECT TO HAVE THE ARBITRATION ADMINISTERED INSTEAD BY THE JUDICIAL ARBITRATION AND MEDIATION SERVICES (JAMS).

Arbitration and Mediation Services. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION. ANY PROVISION OF APPLICABLE LAW NOTWITHSTANDING, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO AWARD DAMAGES, REMEDIES, OR AWARDS THAT CONFLICT WITH THESE TERMS OF SERVICE.

No Class Action. NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TERMS OF SERVICE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S ACCOUNT, IF WE ARE A PARTY TO THE PROCEEDING.

Severability. IF THE PROHIBITION AGAINST CLASS ACTIONS AND OTHER CLAIMS BROUGHT ON BEHALF OF THIRD PARTIES CONTAINED ABOVE IS FOUND TO BE UNENFORCEABLE, THEN ALL OF THE PRECEDING LANGUAGE IN THIS ARBITRATION SECTION WILL BE NULL AND VOID. THIS ARBITRATION AGREEMENT WILL SURVIVE THE TERMINATION OF YOUR RELATIONSHIP WITH US.

12. Governing Law; Jurisdiction; Statute of Limitations

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Wisconsin, including its conflicts of law rules, in the United States of America. Without limiting the arbitration obligations set forth above, you agree to submit to the jurisdiction and venue of the state and Federal courts of Milwaukee County, Wisconsin for the purposes of these Terms of Service. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR US MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, ANY SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

13. Feedback; Modification

Your feedback, comments and suggestions for improvements to the Services and our business generally (“Feedback”) are welcome. You may submit Feedback by emailing info@lakevida.com. You acknowledge and agree that all Feedback is and shall be our sole and exclusive property, and you shall and hereby do assign to us all right, title, and interest in and to all Feedback, including, without limitation, all worldwide patent, copyright, trade secret, moral, and other proprietary or intellectual property rights therein, notwithstanding anything else.

We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service (including, without limitation, Lake Vida’s Privacy Policy), or change, suspend, limit, or discontinue the Services (including, without limitation, the availability of any feature, database, or content) at any time, and upon posting on the Site it will be effective as of that date. It is your responsibility to check the Terms of Service on the Site periodically for changes. Your continued use of the Services following posting or notification of any changes to these Terms of Service constitutes acceptance of those changes.

14. Indemnification

You shall defend, indemnify, and hold harmless Lake Vida, our Affiliates, and each of our and their respective employees, contractors, directors, suppliers, licensors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Services, Listings, Content, or otherwise from your User Content; (ii) violation of these Terms of Service; (iii) breach of any contract, or other agreement you enter into; (iv) personal injury, property damage, or other claims or damages relating to property defects, conditions, legality, or suitability; (v) your interactions or transactions with any other user; (vi) infringement by you, or any third party using your Account or identity in connection with the Services, of any intellectual property or other right of any person or entity; (vii) your violation of any applicable law, rule, or regulation related to the Services; or (viii) any payments due and payable by you to any third party vendor in connection with the Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

15. Miscellaneous

General. These Terms of Service, together with any state-mandated disclosure forms provided by us to you separately, are the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, or third-party acts or omission. These Terms of Service are personal to you and are not assignable, transferable, or sublicensable by you except with our prior written consent; we may assign, transfer, or delegate any of our rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service, and neither party has any authority of any kind to bind the other in any respect. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e- mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to aaron@lakevida.com, and are only effective upon written confirmation of receipt by Aaron Werner.

Payment Processing. We do not store credit card information nor will we directly process or receive any credit card payments in connection with purchases made through the Site. Information entered on any checkout page will be directly transmitted to and processed by QuickBooks or Stripe, each being third party payment processors. The processing of your payment will be subject to the terms, conditions and privacy policies of such third parties. We do not control, and cannot be held liable for, the security or performance of such payment processor and hereby expressly disclaim any and all liability with respect to the credit card processing to be performed by such payment processors. In all instances, you will be responsible for payment of any and all fees and taxes which may be owed to any third party vendor by you through the use of the Services. We expressly disclaim any responsibility for changes related to pricing from any third party vendor. In some states, we may collect any applicable sales tax amount from you and pay this to the relevant tax authority as required by law. You agree you are responsible for payment to Lake Vida for any fees or costs associated with any services purchased through the Lake Vida website from Lake Vida.

Third Party Rights. These Terms of Service are for the benefit of us and our Affiliates, and our and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these entities and individuals shall have the right to assert and enforce these Terms of Service directly against you on its or their behalf.

Contact

If you have any questions, complaints, or claims with respect to the Services, you may contact us at:

Lake Vida LLC
613 Milwaukee Street
2nd Floor
Delafield, Wisconsin 53018
Email: info@lakevida.com
Phone: (262) 444-LAKE (5253)

Last Updated: January 1, 2025