Terms of Use

Go Latebird Website

Terms, Conditions and Notices

Thank you for using the Go Latebird website and/or mobile properties, including related applications (collectively, the "Site"), which are provided by Moda Travel Group, LLC ("Moda Travel").

Go Latebird uses its website and social media channels to advertise privately-owned vacation rentals whose owners have contracted with Go Latebird for such services. Travel consumers may sign up for marketing alerts and view property information and pricing on the site or channels, and owners (or property managers) may use the site to post special pricing on their rentals for specific periods.

Go Latebird does not sell vacation rental properties, home insurance products, or directly provide on-site services such as cleaning or maintenance. Go Latebird is a third-party marketing distributor and not a property management company, meaning the owner of the property is ultimately responsible for all home-related bill payments; cleaning and maintaining and repairing the home; and for conduct of the rental's guests (paying or not) while on the owner's property.

The terms "we", "us", and "our" refer collectively to Go Latebird, and/or our affiliates and subsidiaries (if applicable). The term "you" refers to the third-party or customer visiting the Site and/or contributing content on this Site.

This Site is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the "Terms of Use"). By accessing or using this Site in any manner, you agree to be bound by the Terms of Use. Please read the Terms of Use carefully, as they contain information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, please do not use this Site. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Terms of Use without prior notice, and your continued access or use of this Site signifies your acceptance and understanding of the updated or modified Terms of Use. We will note the date that revisions were last made to these Terms of Use at the bottom of this page, and any revisions will take effect upon posting. We will notify our members of material changes to these terms and conditions by either sending a notice to the email address provided to us at registration or by placing a notice on our Site. Be sure to return to this page periodically to review the most current version of the Terms of Use.

Use of the Site

As a condition of your use of this Site, you warrant that (i) all information supplied by you to Go Latebird and/or on this Site is true, accurate, current and complete, (ii) if you have a Go Latebird account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 13 years of age or older in order to register for an account and contribute to our Site. Go Latebird does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to this Site and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.

Use of Material

This Site and any Go Latebird alerts, newsletters and other publications (collectively, "Publications") offered by the Site are for your personal and non-commercial use. As a condition of your use of this Site and the Publications, you warrant to Go Latebird and Moda Travel Group, LLC that you will not use this Site or the Publications for any purpose that is unlawful or prohibited by these Terms of Use.

All contents of this Site and the Publications are: Copyright © 2021 Go Latebird (or Moda Travel Group, LLC) and/or its suppliers. You may not reproduce, copy or redistribute the design, content or layout of the Site or the Publications, individual elements of the Web site design, Go Latebird logos or other logos appearing on this Site, Go Latebird’s original photographs and graphics, without the express written permission of Moda Travel Group, LLC. Social media sharing of Go Latebird products must be clearly credited to Go Latebird. All other company, product or service names referenced in this Site are used for identification purposes only and may be trademarks or service marks of their respective owners.

If you would like information about obtaining the Company's permission to use any of the Material on our Site, email info@golatebird.com. If you violate any of these Terms of Use, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the material.

Prohibited Activities

The content and information on this Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us or our vendors. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site. Additionally, you agree not to:

  • use this Site or its contents for any commercial purpose besides the booking of a vacation rental in conjunction with Go Latebird;

  •  access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

  • violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;

  • take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

  • deep-link to any portion of this Site for any purpose without our express written permission; or

  • "frame", "mirror" or otherwise incorporate any part of this Site into any other website without our prior written authorization;

  • attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Go Latebird in connection with the Site or the services.

 

Privacy Policy

Go Latebird believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of Go Latebird.

Reviews, Comments and Use of Other Interactive Areas

 

We appreciate hearing from you. Please be aware that by submitting content to this Site by electronic mail, postings on this Site or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Go Latebird and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Go Latebird may choose to provide attribution of your comments or reviews at our discretion. You further grant Go Latebird the right to pursue at law any person or entity that violates your or Go Latebird’s rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

The Site may currently, or in the future, contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of vacation rentals or vacation rental services or other content, messages, materials or other items on the Site ("Interactive Areas"). If Go Latebird provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

  1. Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

  2. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;

  3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

  4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Go Latebird and/or its affiliate or parent companies;

  5. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;

  6. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

  7. Viruses, corrupted data or other harmful, disruptive or destructive files;

  8. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or

  9. Content or links to content that, in the sole judgment of Go Latebird, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or (d) which may expose Go Latebird or its affiliates or its users to any harm or liability of any type.

 

Go Latebird takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third-party, or for any loss or damage thereto, nor is Go Latebird liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Go Latebird is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Go Latebird has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Go Latebird reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense. However, Go Latebird reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

 

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Go Latebird or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Go Latebird, and its licensees, successors and assigns, from any claims that you could otherwise assert against Go Latebird by virtue of any such moral rights.

 

Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Go Latebird’s systems and customers, or to ensure the integrity and operation of Go Latebird’s business and systems, Go Latebird may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. Go Latebird’s right to disclose any such information shall take precedence over any terms of Go Latebird’s Privacy Policy.

Liability Disclaimer

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS GO LATEBIRD’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS SITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE TERMS OF USE, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS SITE.

 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS. MODA TRAVEL GROUP, LLC ("MODA TRAVEL") AND GO LATEBIRD DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE SERVICES PROVIDED BY THIRD PARTIES OR PARTNERS (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, SERVICE DETAILS, GENERAL PRODUCT DESCRIPTIONS, ETC.). IN ADDITION, GO LATEBIRD EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR SITE AND/OR ON PENDING SERVICES MADE UNDER AN INCORRECT PRICE.

GO LATEBIRD MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY GO LATEBIRD. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. GO LATEBIRD DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS SITE, ITS SERVERS OR ANY EMAIL SENT FROM GO LATEBIRD, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GO LATEBIRD HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

THE THIRD-PARTY SUPPLIERS PROVIDING VACATION RENTAL PROPERTY SERVICES, TRAVEL OR OTHER SERVICES ON THIS SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF GO LATEBIRD. GO LATEBIRD IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. GO LATEBIRD HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

IN NO EVENT SHALL GO LATEBIRD (ITS OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF GO LATEBIRD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Go Latebird.

Indemnification

You agree to defend and indemnify Go Latebird and its affiliates and any of its owners, officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • your breach of these Terms of Use or the documents referenced herein;

  • your violation of any law or the rights of a third-party; or

  • your use of this Site.

 

Links to Third-Party Sites

This Site may contain hyperlinks to websites operated by parties other than Go Latebird. Such hyperlinks are provided for your reference and information only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on Go Latebird to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.

Software Available on this Website

Unless otherwise specified, the materials on the websites are presented solely to provide information regarding and to promote (to the extent that they may be offered and/or exist) Go Latebird’s services, websites, partners and other products available in the United States, its territories, possessions and protectorates. The Go Latebird Site is controlled and operated by Moda Travel Group, LLC from its offices in the State of Florida in the United States. Go Latebird makes no representation that materials on the Site are appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Site is further subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

Any software that is made available to download from the Go Latebird Site ("Software") is the copyrighted work of Moda Travel Group, LLC or its affiliates, or other third-party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Site not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Site in accordance with these terms and conditions and for no other purpose.

Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this Site, is owned by Moda Travel Group, LLC and/or its affiliates, or by third-party web service providers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

Copyright and Trademark Notices

All contents of this Site are: © 2021 Go Latebird, Moda Travel Group, LLC, or its affiliates. All rights reserved. Go Latebird is not responsible for content on websites operated by parties other than Go Latebird. Go Latebird, its logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of Go Latebird and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Moda Travel Group, LLC or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Go Latebird and may not be copied, imitated or used, in whole or in part, without the prior written permission of Moda Travel Group, LLC. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Go Latebird.

Other logos and product and company names mentioned herein may be the trademarks of their respective owners.

Copyright Complaint Policy

 

INFRINGEMENT NOTIFICATION:

If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Go Latebird that your copyrighted material has been infringed.

Please provide the following information in the following format (including Section Numbers):

  1. A clear identification of the copyrighted work you claim was infringed.

  2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.

  3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.

  4. Include the following statement: "I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."

  5. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."

  6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claims of copyright infringement on this Site should be emailed or mailed to Go Latebird Copyright Agent:

Moda Travel Group, LLC., 914 Railroad Ave. Suite 27, Tallahassee, Florida 32310

info@golatebird.com

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement.

We will review and address all notices that comply with the requirements above.

REPEAT INFRINGER POLICY:

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Go Latebird has adopted a policy of terminating, in appropriate circumstances and at Go Latebird’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Go Latebird may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

General

This Site is operated by a U.S. entity, and these Terms of Use governed by the laws of the State of Florida, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Leon County, Florida, USA, and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Site. You agree that all claims you may have against Go Latebird, or its affiliates, arising from or relating to the Site must be heard and resolved in a court of competent subject matter jurisdiction located in Leon County, Florida. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

You agree that no joint venture, agency, partnership, or employment relationship exists between you and Go Latebird, Moda Travel Group, LLC and/or affiliates as a result of these Terms of Use or use of this Site.

 

Our performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Site or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within one (1) year from the date on which such claim or action arose or accrued, or such claim or cause of action will be irrevocably waived.

 

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Terms of Use shall continue in effect.

 

These Terms of Use constitute the entire agreement between you and Go Latebird with respect to this Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Go Latebird with respect to this Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent, and subject to the same conditions, as other business documents and records originally generated and maintained in printed form.

 

Fictitious names of companies, products, people, characters, and/or data mentioned on this Site are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

 

Service Help

You can write to us at:

Go Latebird

914 Railroad Ave. Suite 27

Tallahassee, Florida 32310

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