OGD's
Terms and Conditions

1. Scope of Our Service

Through this website and standalone hospitality websites Powered by INNsight, we (INNsight) provide an online digital marketing and reservations platform through which INNs or 'places to stay' (all types of accommodations including hotels, motels, lodges, cabins, RV Parks and vacation homes, rentals, and condos) plus hospitality businesses such as restaurants, spas & salons, wineries, and golf courses can advertise their products and services, and through which visitors to the website(s) can make reservations and engage or communicate with the business(es). By making a reservation through INNsight, you enter into a direct and legally binding contractual relationship with the business at which you book. From the point at which you make your reservation, we act solely as an intermediary between you and the business, transmitting the details of your reservation to the relevant business and sending you a confirmation email for and on behalf of the business. Your confirmation email is your contract between the hospitality business and yourself.

When rendering our services, the information that we disclose is based on the information provided to us by the business. As such, the hospitality businesses are given access to an extranet through which they are fully responsible for updating all property and service description content, rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors including manifest and typographical errors, any interruptions whether due to any temporary and/or partial breakdown, repair, upgrade or maintenance of our website or otherwise, inaccurate, misleading or untrue information or non-delivery of information. Each business remains responsible at all times for the accuracy, completeness, and correctness of the descriptive information including the rates and availability displayed on our website based on a contractual agreement between the business or third party data provider and INNsight. INNsight does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or rating of any business made available on our platform. INNsight does not guarantee adherence to The Americans with Disabilities Act (ADA) Title III or Website Content Accessibility Guidelines (WCAG) 2.0 on behalf of any hospitality business that is promoted on the Site.

2. Use of the Website

As a condition of your use of this Website, you warrant that:

1. You possess the legal authority to create a binding legal obligation,
2. You will use this Website in accordance with this Agreement,
3. You will only use this Website to subscribe to any of INNsight.com's products or services for you or for another person for whom you are legally authorized to act,
4. All information supplied by you on this Website is true, accurate, current and complete, and
5. If you have an INNsight.com 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. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.

3. Privacy

INNsight uses high ethical standards and respects your privacy. Except for disclosures required by law in any relevant jurisdiction and the disclosure of your name, email address and your credit card details for completing your reservation with the relevant business of your choice, we will not disclose your personal information to third parties without your consent. Please have a look at our Privacy Policy for further information. All partner businesses are required contractually to maintain the privacy rights of guests and guard their personally identifiable information with strict adherence to hospitality industry legal standards. INNsight works in earnest to address the Privacy Rights detailed in The European Union's General Data Protection Regulation (GDPR) and The State of California's Privacy Protection Laws on behalf of all of our users.

4. Copyright and Trademark Notices

By accepting these Terms and by posting a listing on the Site, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any content you post on the Site or the websites of our affiliates, or that you otherwise provide to us in connection with any of our products or services, and you grant the Site and the members of the INNsight, Inc. the ability to copyright and protect the images, copy, and content available via your listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. We need these rights to host and display your listing. You further agree to assist us-at our expense and control-to protect such copyrighted material from unauthorized redistribution. We are not responsible for any infringement or violation of laws resulting from content supplied by any member including subscribers of our products and services and each member agrees to indemnify and hold harmless the Site and any member of the INNsight, Inc. against any action brought for breach of copyright or other rights from the use of such content supplied by such member. Each member hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us by any member.

Further, each member agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member's property or the promotion of the Site..

All contents of this website are copyrighted ©2023 INNsight, Inc. INNsight is not responsible for content on websites operated by parties other than INNsight. The INNsight logo and the term INNsight are registered trademarks in the U.S. and/or other countries of INNsight, Inc. Other product and company names mentioned herein may be the trademarks of their respective owners.

If you are aware of an infringement of our brand, please let us know by emailing us at: legal@innsight.com.

You can learn more about the permissible use of the INNsight brand here: www.innsight.com/intellectual-property

5. Limited Liability Disclaimer

IN NO EVENT WILL THE WEBSITE, OUR PARENT (INNsight.com, Inc.) or any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for:

• any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim,
• any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the business as made available on our website(s),
• the services rendered or the products offered by the business,
• any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or
• for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the business (its employees, directors, officers, agents, representatives or affiliated companies), including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

6. Software Available On This Website

Any software that is made available to download from this Website ("Software") is the copyrighted work of INNsight.com. 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 Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-transferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.

Please note that all Software, including, without limitation, all HTML code and LAMP controls contained on this Website, is owned by the INNsight.com, Inc. 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.

7. Indemnification

You agree to defend and indemnify INNsight, Inc., and/or their respective suppliers and/or distributors and any of their 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:

• our breach of this Agreement or the documents referenced herein;
• Your violation of any law or the rights of a third party; or
• Your use of this Website.

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE SITE AND ANY MEMBER OF INNsight.com, Inc. HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR OTHER USERS OF YOUR ACCOUNT TO THE SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.

8. Miscellaneous

Unless stated otherwise, the software required for our services or available at or used by our website and the intellectual property rights (including the copyrights) of the contents, information, and material on our website are owned by INNsight.com, Inc., its suppliers or providers.

These terms and conditions and the provision of our services shall be governed by and construed in accordance with United States of America law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in the State of California, United States of America.

Your Record of These Terms: We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of these Terms on your personal computer.

No Agency: Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relations is intended or created by these Terms or your use of the Site.

If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.

Enforcement of These Terms: We may immediately terminate any user's access to or use of the Site due to such user's breach of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against all breaches of these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach. Any action or inaction by us in response to any breach of these Terms does not limit our rights with respect to actions we may take in response to any other similar or different type of breach.

9. About INNsight.com

All services are rendered by INNsight.com, Inc., which is a corporation, incorporated under the laws of The State of Delaware, United States of America and having its corporate offices at 2445 Ocean Avenue, San Francisco, CA 94127.

INNsight.com has its headquarters in San Francisco, California and has a true subsidiary in Mumbai, India. The branch office located at 310 Quantum Towers, Ram Baug in Mumbai, Maharashtra, India, provides an exclusive supporting role to and for the benefit of INNsight.com. The branch office does not have any power or authority to render the service, to represent INNsight.com or to enter into any contract in the name of, for or on behalf of INNsight.com.

10. Service Help

For quick answers to your questions or ways to contact us, visit our FAQs. Or, you can write to us at:
Attn: Customer Service INNsight.com
help@innsight.com
2445 Ocean Avenue
San Francisco, CA 94127

Revised and Effective as of May 25, 2018
© 2019 INNsight.com, Inc.