Welcome to ExperienceLocal. These Terms of Service ("Terms") constitute a legally binding agreement between you and BlueDuck LLC, a Colorado limited liability company doing business as ExperienceLocal ("ExperienceLocal," "Company," "we," "us," or "our"). These Terms govern your access to and use of our website, applications, platform, and services (collectively, the "Services").
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.
THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ SECTION 16 (DISPUTE RESOLUTION) CAREFULLY.
1. Acceptance of Terms
By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Acceptable Use Policy, and Cookie Policy, all of which are incorporated herein by reference.
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a new "Last Updated" date and, for material changes, by sending an email to the address associated with your account at least thirty (30) days before the changes take effect. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms.
2. Definitions
For purposes of these Terms:
- "Booking" means a reservation for an Experience or Resource made through the Platform.
- "Content" means text, images, photos, videos, data, and other materials uploaded to the Services.
- "Experience" means a tour, activity, service, or other bookable offering listed on the Platform.
- "Guest" means an end user who books an Experience or Resource through the Platform.
- "Hotel" or "Operator" means a business that subscribes to our Services to offer Experiences and Resources to Guests.
- "Platform" means the ExperienceLocal software-as-a-service platform, including the dashboard, APIs, and embeddable widget.
- "Provider" means a third-party business or individual that offers Experiences through Hotel partners on our Platform.
- "Resource" means a bookable amenity such as cabanas, day passes, equipment rentals, or similar offerings.
- "Subscription" means a paid plan providing access to the Services.
- "User" means any individual or entity that accesses or uses the Services, including Hotels, Providers, and Guests.
3. Eligibility
To use our Services, you must be at least eighteen (18) years old and have the legal capacity to enter into binding contracts. By using our Services, you represent and warrant that you meet these requirements.
If you are using the Services on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" and "your" will refer to both you individually and that entity.
4. Account Registration
To access certain features of our Services, you must register for an account. When you register, you agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information to keep it accurate and complete
- Maintain the security and confidentiality of your login credentials
- Accept sole responsibility for all activities that occur under your account
- Immediately notify us of any unauthorized use of your account or any other security breach
We reserve the right to suspend or terminate your account if any information provided is inaccurate, false, or no longer current, or if we suspect unauthorized or fraudulent activity.
5. Services & Subscriptions
5.1 Service Description
ExperienceLocal provides a software-as-a-service platform that enables Hotels to create, manage, and sell Experiences and Resources to their Guests. Our Services include:
- Experience and Resource management tools
- Embeddable booking widget for Hotel websites
- Payment processing and commission management
- Provider management and automated payouts
- Analytics, reporting, and business intelligence
- Guest communication and notification tools
5.2 Subscription Plans
Our Services are offered through various subscription tiers with different features, limits, and pricing. Current plans and pricing are available at experiencelocal.io/pricing. We reserve the right to modify our plans and pricing with thirty (30) days' notice to existing subscribers.
5.3 Free Trial
We may offer a free trial period for new subscribers. At the end of the trial period, your account will be automatically converted to the subscription plan you selected, and you will be charged unless you cancel before the trial ends. Trial terms may vary and will be disclosed at signup.
5.4 Service Availability
We strive to maintain high availability of our Services but do not guarantee uninterrupted access. We may temporarily suspend access for maintenance, updates, or emergency repairs. We will provide reasonable advance notice when possible.
6. Fees & Payment
6.1 Subscription Fees
By subscribing to our Services, you agree to pay the applicable subscription fees based on your selected plan:
- Subscription fees are billed in advance on a monthly basis
- All fees are quoted and payable in U.S. dollars unless otherwise specified
- Subscription fees are non-refundable except as expressly provided in these Terms
- We may change subscription fees with thirty (30) days' notice; continued use after the effective date constitutes acceptance
6.2 Transaction Fees
In addition to subscription fees, we charge a transaction fee on each Booking processed through our Platform. The transaction fee percentage varies by subscription tier and is clearly displayed in your dashboard and on our pricing page. Transaction fees are deducted from Booking payments before remittance.
6.3 Payment Processing
All payments are processed through Stripe, our third-party payment processor. By using our Services, you agree to comply with Stripe's terms of service available at stripe.com/legal. You are responsible for any fees charged by your bank, payment provider, or Stripe.
6.4 Taxes
You are responsible for all applicable taxes associated with your use of the Services, except for taxes based on our net income. If we are required to collect or pay taxes on your behalf, such taxes will be charged to you. You agree to indemnify and hold harmless BlueDuck LLC from any tax liabilities, penalties, or interest arising from your failure to pay applicable taxes.
6.5 Failed Payments
If a payment fails, we will notify you and attempt to process the payment again. If payment remains unsuccessful after fourteen (14) days, we may suspend or terminate your access to the Services until payment is received.
7. User Responsibilities
7.1 General Obligations
When using our Services, you agree to:
- Comply with all applicable laws, regulations, and these Terms
- Use the Services only for legitimate business purposes
- Maintain accurate and up-to-date information for all Experiences, Resources, and Bookings
- Honor all Bookings made through the Platform
- Provide accurate pricing, availability, and description information
- Respond promptly to Guest inquiries and issues
- Comply with our Acceptable Use Policy
7.2 Prohibited Conduct
You agree not to:
- Engage in any fraudulent, deceptive, or misleading practices
- Interfere with or disrupt the Services or servers
- Attempt to gain unauthorized access to any portion of the Services
- Use the Services to transmit malware, viruses, or harmful code
- Scrape, copy, or reproduce Content without authorization
- Circumvent the Platform to avoid transaction fees
- Create fake Bookings, reviews, or accounts
- Violate the rights of any third party
7.3 Compliance
You are solely responsible for ensuring that your use of the Services and the Experiences you offer comply with all applicable laws, including consumer protection laws, health and safety regulations, licensing requirements, and tax obligations.
8. Intellectual Property
8.1 Our Intellectual Property
The Services, including all software, designs, text, graphics, logos, icons, images, and other content, are owned by ExperienceLocal or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, lease, or create derivative works from any part of our Services without our express written permission.
8.2 Limited License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes during the term of your Subscription.
8.3 Your Content
You retain ownership of Content you submit to the Services. By submitting Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, display, and distribute such Content solely in connection with operating and providing the Services. You represent and warrant that you have all necessary rights to grant this license.
8.4 Feedback
If you provide us with feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use such Feedback for any purpose without compensation or attribution to you.
8.5 Trademarks
"ExperienceLocal," "BlueDuck," our logos, and other marks are trademarks of BlueDuck LLC. You may not use our trademarks without our prior written consent.
9. Third-Party Services
9.1 Third-Party Integrations
Our Services may integrate with or contain links to third-party websites, services, or applications ("Third-Party Services"). We do not control and are not responsible for Third-Party Services. Your use of Third-Party Services is at your own risk and subject to their respective terms and policies.
9.2 Payment Processors
We use Stripe to process payments. By using our payment features, you agree to be bound by Stripe's terms of service. We are not responsible for any errors, failures, or issues arising from Stripe's services.
9.3 Provider Experiences
Experiences offered by Providers are created and managed by those Providers, not by ExperienceLocal. We do not endorse, guarantee, or assume responsibility for any Provider Experience. Hotels are responsible for reviewing and approving Provider Experiences before offering them to Guests.
10. Bookings & Transactions
10.1 Booking Process
When a Guest makes a Booking through the Platform, a contract is formed between the Guest and the Hotel or Provider offering the Experience or Resource. ExperienceLocal is not a party to this contract and acts solely as a platform facilitating the transaction.
10.2 Cancellations and Refunds
Cancellation and refund policies for Bookings are set by each Hotel or Provider and displayed at the time of Booking. ExperienceLocal is not responsible for processing refunds beyond facilitating the technical transaction. Disputes regarding refunds should be resolved between the Guest and the Hotel or Provider.
10.3 No Guarantee
We do not guarantee the quality, safety, legality, or availability of any Experience or Resource offered through our Platform. We are not responsible for any injury, loss, or damage arising from participation in any Experience or use of any Resource.
11. Confidentiality
Each party agrees to maintain the confidentiality of any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential ("Confidential Information"). Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully in the receiving party's possession before disclosure; (c) is rightfully obtained from a third party without restriction; or (d) is independently developed without use of the Confidential Information.
12. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, EXPERIENCELOCAL AND BLUEDUCK LLC DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICES.
WE MAKE NO WARRANTY REGARDING THE QUALITY, SAFETY, OR LEGALITY OF ANY EXPERIENCE, RESOURCE, OR CONTENT OFFERED BY HOTELS, PROVIDERS, OR OTHER USERS. YOU ACKNOWLEDGE THAT EXPERIENCELOCAL IS A PLATFORM PROVIDER ONLY AND NOT A PARTY TO ANY TRANSACTION BETWEEN USERS. WE ARE NOT RESPONSIBLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY HOTEL, PROVIDER, OR GUEST, OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM YOUR INTERACTIONS WITH OTHER USERS OR PARTICIPATION IN ANY EXPERIENCE.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EXPERIENCELOCAL, BLUEDUCK LLC, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY BOOKING OR EXPERIENCE, OR ANY INTERACTION WITH OTHER USERS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO EXPERIENCELOCAL DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100).
THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14. Indemnification
You agree to indemnify, defend, and hold harmless ExperienceLocal, BlueDuck LLC, and their respective officers, directors, members, managers, employees, agents, contractors, affiliates, successors, and assigns from and against any and all third-party claims, demands, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:
- Your use or misuse of the Services or any activities conducted through your account
- Your breach of these Terms, any applicable law, regulation, or third-party agreement
- Your Content or any Experiences, Resources, or other offerings you list or provide through the Platform
- Any Booking made through your account, including any injury, death, property damage, or loss related to any Experience or Resource
- Any dispute, claim, or complaint between you and a Guest, Provider, or other third party
- Your violation of any third-party rights, including intellectual property rights, privacy rights, or contractual rights
- Any claim that your Content or conduct caused damage to a third party
- Your failure to comply with applicable tax, licensing, insurance, health and safety, or other regulatory requirements
- Any negligent, willful, or unlawful acts or omissions by you or your employees, agents, or contractors
This indemnification obligation will survive termination of these Terms and your use of the Services. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you (without limiting your indemnification obligations), in which event you will fully cooperate with us in asserting any available defenses and provide all information and assistance reasonably requested. You may not settle any claim without our prior written consent if such settlement would impose any obligation or liability on us.
15. Termination
15.1 Termination by You
You may terminate your account at any time by contacting us at support@experiencelocal.io or using the account cancellation feature in your dashboard. Termination will be effective at the end of your current billing period. No refunds will be provided for any unused portion of your Subscription.
15.2 Termination by Us
We may suspend or terminate your access to the Services immediately and without notice if we reasonably believe that:
- You have violated these Terms or any applicable law
- You have engaged in fraudulent, illegal, or harmful activity
- Your continued use poses a risk to the Services, other users, or third parties
- Your account has been inactive for an extended period
- We are required to do so by law or court order
15.3 Effect of Termination
Upon termination: (a) your right to use the Services will immediately cease; (b) we may delete your account and Content after a reasonable retention period; (c) any outstanding fees will become immediately due; and (d) Sections 8, 11, 12, 13, 14, 16, and 17 will survive termination.
16. Dispute Resolution
16.1 Informal Resolution
Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@experiencelocal.io and attempt to resolve the dispute informally for at least sixty (60) days. Most disputes can be resolved through informal negotiation.
16.2 Binding Arbitration
If we cannot resolve a dispute informally, you and ExperienceLocal agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules.
The arbitration shall be conducted in Denver, Colorado, or another mutually agreed location. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
16.3 Class Action Waiver
YOU AND EXPERIENCELOCAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class, collective, or representative proceeding.
16.4 Exceptions
Notwithstanding the above, either party may: (a) bring an individual action in small claims court for disputes within that court's jurisdiction; or (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.
16.5 Opt-Out
You may opt out of the arbitration and class action waiver provisions by sending written notice to legal@experiencelocal.io within thirty (30) days of first accepting these Terms. Your notice must include your name, address, email address, and a clear statement that you wish to opt out of arbitration.
16.6 Limitation on Claims
TO THE EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT SHALL BE FOREVER BARRED.
17. General Provisions
17.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.
17.2 Venue
For any disputes not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Denver County, Colorado.
17.3 Entire Agreement
These Terms, together with our Privacy Policy, Acceptable Use Policy, Cookie Policy, and any other policies referenced herein, constitute the entire agreement between you and ExperienceLocal regarding the Services and supersede all prior agreements and understandings.
17.4 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.
17.5 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of ExperienceLocal.
17.6 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. These Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
17.7 Notices
We may provide notices to you via email to the address associated with your account, through the Services, or by posting on our website. You may provide notices to us at the contact information below.
17.8 Force Majeure
Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, or failures of third-party services.
17.9 Independent Contractors
The relationship between you and ExperienceLocal is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
18. Contact Information
If you have any questions about these Terms, please contact us at:
BlueDuck LLC (d/b/a ExperienceLocal)
Email: legal@experiencelocal.io
Support: support@experiencelocal.io
Address: 1942 Broadway, Suite 314C, Boulder, CO 80302