PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING. BY CHECKING THE BOX BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.

Last Updated: May 12, 2025

This Terms of Service Agreement (hereinafter referred to as “Agreement”) constitutes a legally binding contract between you, the user and/or guest (hereinafter referred to as “User,” “Guest,” “you,” or “your”), and Tony’s Properties LLC, a Colorado corporation and doing business as (DBA) of LFI International Inc. (hereinafter referred to as “Tony’s Properties,” “we,” “us,” or “our”), whereby this Agreement shall govern your access to and use of our website (tonyspropertys.com), mobile application, and services, including but not limited to the rental of our properties (hereinafter referred to as “Services”), and furthermore, this Agreement constitutes an addendum to any other contract related to your rental of our properties and supersedes any other contract or agreement to the extent there is any conflict or inconsistency.

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT, AND IF YOU DO NOT AGREE TO THESE TERMS, YOU SHALL NOT ACCESS OR USE OUR SERVICES, WHEREUPON YOUR CONTINUED USE OF THE SERVICES SHALL CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS CONTAINED HEREIN.

1. WEBSITE TERMS OF USE

1.1 Acceptance of Terms By accessing and using tonyspropertys.com (the “Website”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this Agreement, you are not authorized to access or use the Website.

1.2 Intellectual Property Rights All content on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof, is the property of Tony’s Properties or its content suppliers and protected by United States and international copyright laws. The trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on the Website are registered and unregistered Trademarks of Tony’s Properties and others. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Tony’s Properties or the third party that owns the Trademark.

1.3 User Account Security If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Tony’s Properties of any unauthorized uses of your account or any other breaches of security. Tony’s Properties will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

1.4 Prohibited Website Uses You may not use the Website to: a) Violate any local, state, national, or international law or regulation; b) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; c) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website; d) Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships; e) Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; f) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; g) Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; h) Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; i) Intentionally or unintentionally violate any applicable local, state, national or international law.

1.5 Website Availability and Modification Tony’s Properties reserves the right to modify, suspend, or discontinue the Website or any portion thereof with or without notice at any time. Tony’s Properties shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website.

1.6 Third-Party Links The Website may contain links to third-party websites or services that are not owned or controlled by Tony’s Properties. Tony’s Properties has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Tony’s Properties 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 websites or services.

1. DEFINITIONS “Booking” shall mean a confirmed reservation of a Property through our Services; and “Content” shall mean text, graphics, images, music, software, audio, video, information or other materials; and “Guest” shall mean the individual who completes a Booking on our Services; and “Listing” shall mean a Property advertised as available for rental on our Services; and “Property” shall mean any residential or commercial space offered for short-term rental through our Services; and “Reservation” shall mean a booking request submitted by a Guest; and “Tony’s Properties Content” shall mean all Content that Tony’s Properties makes available through the Services, including any Content licensed from a third party, but excluding Guest Content; and “Hosts” or “Co-Hosts” shall mean any individuals or entities that own, manage, or assist in the management of a Property through Tony’s Properties.
   
2. ELIGIBILITY In order to use our Services, you must be at least 18 years of age, and have the legal authority to enter into this Agreement, and not be prohibited from using our Services under the laws of the United States, Colorado, or any other applicable jurisdiction, and your failure to meet these eligibility requirements shall result in immediate termination of your rights to use the Services.
   
3. WEBSITE ACCESS To facilitate your stay, you will be provided with login credentials to our upcoming website, which will allow you to request services and assist with check-in and check-out procedures, whereupon you agree to keep your login credentials secure, and not share your login credentials with unauthorized persons, and accept responsibility for all activities that occur under your login, and immediately notify Tony’s Properties of any unauthorized use of your login, and your failure to maintain the security of your login credentials may result in unauthorized access to your Booking information and other personal data.
   

5. COMMUNICATION AND ELECTRONIC NOTICES

5.1 Electronic Communications By using our Website, you consent to receive communications from us electronically. These may include emails, in-app notifications, SMS messages, or notices posted on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5.2 Marketing Communications When you provide us with your contact information, you may receive marketing communications from us. You can opt out of receiving marketing messages by following the unsubscribe instructions in the messages or by contacting us directly. Please note that even if you opt out of marketing communications, you will still receive transactional and account-related messages.

5.3 Automated Communications Our booking system may send automated communications regarding your reservation, including booking confirmations, check-in instructions, reminders, and post-stay feedback requests. These transactional communications are necessary for providing our services and cannot be opted out of while maintaining an active booking.

5.4 Recording of Communications For quality assurance and training purposes, we may record or monitor telephone calls and other communications between you and Tony’s Properties. By communicating with us, you consent to such recording or monitoring.

5.5 User-to-User Communications Any communication features provided on our Website are intended solely for legitimate communications related to our services. You agree not to use these features to send unsolicited messages, promote other products or services, harass other users, or engage in any unlawful activities.

6. DEFINITIONS AND RENTAL TERMS

6.1 Definitions “Booking” shall mean a confirmed reservation of a Property through our Services; and “Content” shall mean text, graphics, images, music, software, audio, video, information or other materials; and “Guest” shall mean the individual who completes a Booking on our Services; and “Listing” shall mean a Property advertised as available for rental on our Services; and “Property” shall mean any residential or commercial space offered for short-term rental through our Services; and “Reservation” shall mean a booking request submitted by a Guest; and “Tony’s Properties Content” shall mean all Content that Tony’s Properties makes available through the Services, including any Content licensed from a third party, excluding Guest Content; and “Hosts” or “Co-Hosts” shall mean any individuals or entities that own, manage, or assist in the management of a Property through Tony’s Properties.

6.2 Eligibility for Property Rental In order to rent a property through our Services, you must be at least 18 years of age, have the legal authority to enter into this Agreement, and not be prohibited from using our Services under the laws of the United States, Colorado, or any other applicable jurisdiction. Your failure to meet these eligibility requirements shall result in immediate termination of your rights to use the Services and cancellation of any bookings without refund.

6.3 Website Access for Property Management To facilitate your stay, you will be provided with login credentials to our website, which will allow you to request services and assist with check-in and check-out procedures. You agree to keep your login credentials secure, not share your login credentials with unauthorized persons, and accept responsibility for all activities that occur under your login. You must immediately notify Tony’s Properties of any unauthorized use of your login, as failure to maintain the security of your login credentials may result in unauthorized access to your Booking information and other personal data.

4.3.1 Extended Stays (90+ Days) For stays longer than 90 days, you have two payment options, whereupon you may book through Airbnb and pay monthly at the published rate plus a 22% service fee, or you may pay directly to Tony’s Properties with a full month’s deposit and complete our screening process, and both options require completion of our standard screening process, and extended stay guests are subject to all terms of this Agreement unless specifically modified in writing, and extended stays do not create any tenancy rights under Colorado law.

4.4 Reservation Credits and Vouchers For issues determined to be our fault, we may, at our sole discretion, issue reservation credits or vouchers, and we reserve the right to take up to one year from the date of the reported issue to issue any credit or voucher, and all credits and vouchers are issued in redeemable credits only, and have no cash value, and are non-transferable, and must be used within one year of issuance, and are subject to availability, and may be subject to blackout dates, and can only be used for future bookings, and the issuance of credits or vouchers is entirely at our discretion, and we are under no obligation to issue them for any reason, and our determination of fault shall be final.

5. HOUSE RULES AND GUEST RESPONSIBILITIES 5.1 General Rules You agree to use the Property for legitimate residential purposes only, and comply with all house rules provided at the time of Booking, and respect the Property, furnishings, and amenities, and not exceed the maximum occupancy stated in the Listing, and not host events or parties without prior written approval, and maintain appropriate noise levels and respect neighbors, and comply with all applicable laws, regulations, and homeowner association rules, and return the Property in the same condition as when you arrived, and your failure to comply with these rules may result in immediate termination of your stay without refund, and furthermore, you expressly acknowledge and agree that Tony’s Properties reserves the right, at its sole discretion, to relocate you to a different room or apartment of comparable size that can accommodate the sleeping arrangements of the adults staying, whereupon such relocation may occur at any time during your stay for any reason whatsoever, and your refusal to relocate shall constitute a material breach of this Agreement resulting in immediate termination of your stay without refund.

5.2 Prohibited Activities You are strictly prohibited from engaging in any illegal activity on the Property, and removing or relocating any items from the Property, and causing damage to the Property or its contents, and using the Property for commercial purposes without prior written approval, and subletting or assigning your Booking to another person, and allowing people who are not registered guests to stay overnight, and smoking inside the Property (unless explicitly permitted), and bringing pets to the Property (unless explicitly permitted), and your engagement in any prohibited activity may result in immediate termination of your stay without refund, and additional charges, and potential legal action.

5.3 Damages and Additional Fees You agree to pay for any damage to the Property caused by you or your guests, and extra cleaning required due to excessive mess, and lost keys, key fobs, or access cards, and false alarms (security, fire, etc.) caused by you or your guests, and any violation of house rules that results in fines or penalties, and any other costs incurred by Tony’s Properties as a result of your actions or omissions, and you hereby authorize Tony’s Properties to charge the payment method on file for these amounts, and if such amounts exceed the available balance or credit limit, you agree to promptly pay the remaining balance.

6. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, TONY’S PROPERTIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, AND TONY’S PROPERTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, OR ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, OR ANY CONTENT OBTAINED FROM THE SERVICES, OR UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, AND IN NO EVENT SHALL TONY’S PROPERTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO TONY’S PROPERTIES FOR THE SERVICES, IF ANY, DURING THE LAST 12 MONTHS.
   
7. FORCE MAJEURE AND CIRCUMSTANCES BEYOND OUR CONTROL Tony’s Properties shall not be liable for any delay or failure to perform resulting from acts of God or natural disasters (including but not limited to floods, wildfires, earthquakes, hurricanes, tornadoes, or severe weather), or epidemics, pandemics, or public health emergencies, or acts of war, terrorism, civil unrest, or governmental actions, or property disputes or property lockouts by property owners, or electrical, internet, or utility outages, or key fob issues, bad keys, or other access problems, or mechanical or structural failures, or any other cause beyond our reasonable control, and in such events, we may, at our sole discretion, attempt to remedy the situation, reschedule your stay, or issue a credit or voucher according to Section 4.4, but we are under no obligation to do so, and our determination of whether an event constitutes force majeure shall be final and binding.
   
8. INDEMNIFICATION AND DAMAGES 8.1 Indemnification You agree to defend, indemnify, and hold harmless Tony’s Properties, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Services, or your violation of any term of this Agreement, or your violation of any third-party right, including without limitation any copyright, property, or privacy right, or any claim that your actions caused damage to a third party, and this defense and indemnification obligation will survive this Agreement and your use of the Services, and shall not be limited by any other term in this Agreement.
   

8.2 Hold Harmless of Hosts and Co-Hosts

YOU HEREBY EXPRESSLY AGREE TO HOLD HARMLESS ANY AND ALL HOSTS, CO-HOSTS, PROPERTY OWNERS, PROPERTY MANAGERS, CONTRACTORS, AGENTS, OR OTHER THIRD PARTIES AFFILIATED WITH TONY’S PROPERTIES OR THE PROPERTY IN WHICH YOU STAY (“RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, DISPUTES, DEMANDS, ACTIONS, LIABILITIES, DAMAGES, LOSSES, COSTS, OR EXPENSES OF ANY KIND, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, THAT ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH YOUR STAY, USE OF THE PROPERTY, OR THIS AGREEMENT. YOU AGREE THAT ANY CLAIM OR DISPUTE YOU MAY HAVE SHALL BE DIRECTED SOLELY TO TONY’S PROPERTIES AND SHALL BE RESOLVED EXCLUSIVELY THROUGH THE ARBITRATION PROCESS DESCRIBED IN SECTION 10 OF THIS AGREEMENT. YOU FURTHER AGREE THAT NONE OF THE RELEASED PARTIES SHALL BE JOINED AS PARTIES IN ANY DISPUTE, ARBITRATION, OR LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR STAY. THIS HOLD HARMLESS PROVISION IS AN ESSENTIAL PART OF THIS AGREEMENT AND TONY’S PROPERTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT YOUR AGREEMENT TO THIS PROVISION.

8.3 Right to Sue for Damages In addition to any other remedies available under this Agreement or applicable law, if you cause harm to Tony’s Properties, its properties, reputation, business relationships, or operations, we expressly reserve the right to sue you for all damages, including but not limited to actual damages, and consequential damages, and punitive damages, and attorney’s fees and court costs, and lost profits, and reputational harm, and you hereby acknowledge that certain breaches of this Agreement may cause irreparable harm for which monetary damages would be inadequate, and you consent to the issuance of injunctive relief to prevent or stop any such breach.

8.4 Pet Damages If you bring a pet to the Property (whether authorized or unauthorized), you agree to pay three (3) times the amount of any damage caused by the pet to any furniture, fixtures, or other property to cover the cost of replacement, construction, shipping, handling, and other related expenses, and you acknowledge that this provision is reasonable given the specialized nature of our furnishings and the difficulty in replacing them, and that this treble damages provision is not a penalty but a reasonable forecast of just compensation, and that the actual damages caused by pets are difficult to ascertain.

9. NON-DISPARAGEMENT AND CONFIDENTIALITY 9.1 Non-Disparagement Clause You agree not to disparage Tony’s Properties, its properties, employees, officers, directors, or agents in any forum or medium, including but not limited to review websites, social media, blogs, or any other public or private platform, whereby “disparage” means to make any statement, written or oral, that casts Tony’s Properties in a negative light or implies fault, wrongdoing, or deficiency on the part of Tony’s Properties, and you acknowledge that damages for breach of this provision are difficult to calculate and that a breach would cause irreparable harm to Tony’s Properties, and therefore, in addition to any other remedies available, Tony’s Properties shall be entitled to liquidated damages in the amount of $2,500 for each violation of this provision, and Tony’s Properties also reserves the right to seek injunctive relief to prevent further violations, and you hereby waive any defense based on the alleged unenforceability of non-disparagement clauses.

9.2 Confidentiality and Non-Disclosure You agree to maintain strict confidentiality regarding all aspects of your rental arrangement with Tony’s Properties, whereby, in particular, you agree not to discuss your rental arrangement, payment terms, duration of stay, or any other details with front desk personnel, building staff, security personnel, or any other employees or representatives of the building or property where you are staying, and you agree to represent yourself as a guest or visitor if asked about your status by building personnel, and you agree not to disclose any information about Tony’s Properties’ business operations, rental practices, property management strategies, or any other proprietary information you may become aware of during your stay, and you acknowledge that violation of this confidentiality provision may result in immediate termination of your stay without refund, as well as liability for any damages caused by your breach of confidentiality, and this confidentiality provision shall survive the termination of this Agreement and your stay at the Property, and shall remain in effect in perpetuity.

10. DISPUTE RESOLUTION 10.1 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions, and you agree that all internet signatures will be considered signed in Colorado Springs, Colorado, and that the parties’ relationship was formed in Colorado Springs, Colorado regardless of where you physically signed this Agreement or where you are located while using the Services.

10.2 Binding Arbitration and Exclusive Remedy

YOU AND TONY’S PROPERTIES AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN COLORADO SPRINGS, COLORADO, IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, OR OTHER ARBITRATION COMPANY OF TONY’S PROPERTIES’ CHOOSING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION PROVISION SHALL CONSTITUTE THE EXCLUSIVE MEANS OF RESOLVING ANY DISPUTES BETWEEN YOU AND TONY’S PROPERTIES, AND/OR BETWEEN YOU AND ANY HOSTS, CO-HOSTS, PROPERTY OWNERS, PROPERTY MANAGERS, OR OTHER THIRD PARTIES AFFILIATED WITH TONY’S PROPERTIES OR THE PROPERTY, AND YOU ACKNOWLEDGE AND AGREE THAT YOU AND TONY’S PROPERTIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING, AND THAT TONY’S PROPERTIES HAS THE UNILATERAL RIGHT TO SELECT THE ARBITRATION COMPANY AND MODIFY THE ARBITRATION PROCEDURES PROVIDED THAT SUCH MODIFICATIONS DO NOT IMPOSE COSTS ON YOU THAT WOULD EXCEED THE COSTS OF PROCEEDING IN COURT.

Furthermore, you expressly acknowledge and agree that any attempt to dispute a credit card charge or initiate a chargeback through your credit card company or bank without first proceeding through the arbitration process described herein shall constitute an automatic and irrevocable waiver of your right to arbitration, whereupon Tony’s Properties shall be entitled to seek and obtain a judgment against you in the amount of ten thousand dollars ($10,000.00) plus the full amount of the disputed charge as liquidated damages, which judgment shall be immediately redeemable and enforceable in any court of competent jurisdiction, and you hereby waive any and all defenses to the enforcement of such judgment.

10.3 Exceptions The foregoing arbitration requirement shall not apply to claims involving intellectual property rights, or arising from or related to violations of Section 5 (House Rules and Guest Responsibilities), or that qualify for small claims court, and both parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

10.4 Venue and Jurisdiction For any dispute not subject to arbitration, or where arbitration is expressly prohibited by law, you agree to submit to the personal and exclusive jurisdiction of and venue in the courts located in Colorado Springs, Colorado, and you further agree to accept service of process by mail and waive any jurisdiction or venue defenses otherwise available, and you acknowledge that this venue selection clause is an essential part of this Agreement and that without it, Tony’s Properties would not have entered into this Agreement with you.

10.5 Arbitration Procedures The arbitration shall be conducted by a single neutral arbitrator, and the arbitration shall be conducted in English, and all filings, decisions, and awards shall be confidential, and the arbitration shall be conducted in Colorado Springs, Colorado, and the arbitrator shall follow Colorado law and applicable rules of evidence, and the prevailing party shall be entitled to an award of attorney fees and costs, and the arbitrator shall not have the authority to award any damages or remedies not available under the express terms of this Agreement, and the arbitrator shall adhere to and enforce the terms and provisions of this Agreement strictly, and the arbitrator shall not award punitive or exemplary damages, nor shall the arbitrator have the authority to order either party to take any action not otherwise required by this Agreement.

11. MODIFICATIONS TO THIS AGREEMENT Tony’s Properties reserves the right to modify this Agreement at any time, and we will notify you of material changes by posting the new Terms on our website or through other communications, and your continued use of the Services after such changes constitutes your acceptance of the new Terms, and if you do not agree with the modifications, your sole and exclusive remedy shall be to terminate your use of the Services, and you waive any right to challenge or contest modifications to this Agreement if you continue to use the Services after the modifications take effect.
    
12. INTELLECTUAL PROPERTY All Content included on the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Tony’s Properties or its content suppliers and protected by United States and international copyright laws, and you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without the express written permission of Tony’s Properties, and you acknowledge that you do not acquire any ownership rights by downloading or viewing any Content on the Services.
    
13. PRIVACY Please review our Privacy Policy, which also governs your use of the Services, to understand our practices, and your use of the Services constitutes your acknowledgment of and agreement to our Privacy Policy, which may be updated from time to time, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
    
14. TERMINATION We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach this Agreement, and upon termination, your right to use the Services will immediately cease, and if you wish to terminate this Agreement, you may simply discontinue using the Services, and all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
    

15. MISCELLANEOUS

15.1 Entire Agreement This Agreement constitutes the entire agreement between you and Tony’s Properties regarding the use of the Services, superseding any prior agreements between you and Tony’s Properties relating to your use of the Services, and cannot be changed or modified by you except as expressly posted on the Services by Tony’s Properties, and no waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

PARAMOUNT AGREEMENT AND SUPERSESSION CLAUSE

THIS AGREEMENT SHALL BE CONSIDERED THE PARAMOUNT AND CONTROLLING AGREEMENT BETWEEN THE PARTIES AND SHALL SUPERSEDE AND TAKE PRECEDENCE OVER ANY AND ALL PRIOR OR CONTEMPORANEOUS WRITTEN OR ORAL AGREEMENTS, UNDERSTANDINGS, REPRESENTATIONS, OR STATEMENTS BETWEEN YOU AND TONY’S PROPERTIES OR ANY OF ITS REPRESENTATIVES, HOSTS, CO-HOSTS, AGENTS, CONTRACTORS, OR AFFILIATES. THIS AGREEMENT SHALL SUPERSEDE ANY OTHER AGREEMENT YOU HAVE SIGNED WITH US IF ONE EXISTS AND THERE IS ANY CONFLICT BETWEEN THE AGREEMENTS. ANY TERMS OR CONDITIONS CONTAINED IN ANY OTHER DOCUMENTS, INCLUDING BUT NOT LIMITED TO BOOKING CONFIRMATIONS, EMAILS, WEBSITE TERMS, OR VERBAL AGREEMENTS, THAT CONFLICT WITH OR ARE INCONSISTENT WITH THIS AGREEMENT SHALL BE NULL AND VOID.

15.2 Waiver and Severability The failure of Tony’s Properties to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision, and if any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect, and no provision of this Agreement shall be deemed waived, amended or modified by either party unless such waiver, amendment or modification is in writing and signed by both parties to this Agreement.

15.3 Assignment You may not assign this Agreement without the prior written consent of Tony’s Properties, but Tony’s Properties may assign or transfer this Agreement, in whole or in part, without restriction, and this Agreement shall bind and inure to the benefit of the parties, their successors and permitted assigns, and any attempted assignment by you in violation of this section shall be null and void.

15.4 Notices Notices to you may be made via either email or regular mail, and the Services may also provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you on the Services, and you agree that notices sent by email shall satisfy any requirement that notices be provided in writing, and any notices sent to you by email shall be deemed to have been received by you 24 hours after they are sent.

15.5 Electronic Communications and Electronic Signatures You consent to receive communications from us electronically, and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, and you further agree that your electronic signature on this Agreement (including clicking “I Agree” or similar buttons) constitutes your legal signature, acceptance, and agreement as if actually signed by you in writing, and you waive any defenses to the enforcement of this Agreement based on the form or delivery of this Agreement, including any claim that this Agreement is invalid because it is in electronic form or was delivered electronically.

15.6 Time Limitation on Claims You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred, and you hereby waive any statute of limitations to the contrary.

15.7 Headings The section titles in this Agreement are for convenience only and have no legal or contractual effect, and shall not be used in the interpretation or construction of this Agreement, nor deemed to limit or otherwise affect the provisions hereof.

15.8 Legal Compliance You agree to comply with all applicable laws regarding online conduct and acceptable content, and you are responsible for ensuring that your use of the Services complies with applicable law, and Tony’s Properties reserves the right to report any illegal activity to appropriate law enforcement officials.

15.9 Contact Information For questions about this Agreement, please contact Tony’s Properties (a DBA of LFI International Inc.) at tonysrentalsusa@gmail.com or by calling 310-565-8077 during business hours.

16. ACKNOWLEDGMENT

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, AND THAT YOUR USE OF THE SERVICES SIGNIFIES YOUR INTENT TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN.