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Terms & Conditions

 
 

Terms & Conditions

 

LAST UPDATED: APRIL 15, 2025

These Terms of Use ("Agreement") govern your access to and use of the websites, services, and offerings provided by Moonlite Gardens, LLC and its affiliates, including The Crosley, LLC and 1213 Wareham Drive, LLC (collectively, "Moonlite Gardens," "we," "our," or "us").

By accessing or using any part of our website(s), submitting personal information, booking a reservation, or otherwise engaging with our services, you agree to be bound by the terms set forth in this Agreement. If you do not agree to these terms, you should not access or use the Site.

Please note: While Moonlite Gardens may engage third-party property management companies, such as Preferred Guest Services, to assist in the day-to-day management and guest support of certain rental properties, these third parties operate under their own separate terms and agreements. Moonlite Gardens does not control and is not responsible for the content, execution, or enforcement of any independent agreement you may enter into directly with Preferred Guest Services.

1. Purpose of the Site

The Site provides information regarding our short-term rental properties, amenities, reservation systems, and customer support resources. Users may browse listings, submit inquiries, review policies, or initiate and complete bookings.

2. Changes to This Agreement

We reserve the right to amend or update these Terms of Use at any time in our sole discretion. Any changes will be effective immediately upon posting. Continued use of the Site following such updates constitutes your acceptance. In cases of material changes, we may notify you by posting a notice on the Site or sending an email.

3. No Brokerage or Fiduciary Relationship

Moonlite Gardens is not a real estate broker, legal advisor, or fiduciary. Information presented on the Site is provided solely for informational purposes and does not constitute legal, financial, or real estate advice.

4. Site Access and License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes only. Any use of the Site that is not expressly authorized herein is strictly prohibited. We may revoke this license at any time, for any reason, without notice.

You agree not to:

  • Modify, reproduce, republish, distribute, display, or transmit Site content

  • Use the Site or its content for commercial purposes without our prior written consent

  • Use any automated means (bots, crawlers, scrapers) to access the Site or its content

5. Intellectual Property

All content on the Site—including but not limited to text, graphics, logos, images, videos, icons, and software—is owned by or licensed to Moonlite Gardens and protected by U.S. and international copyright, trademark, and intellectual property laws. Unauthorized use, reproduction, or redistribution of any Site materials is strictly prohibited.

"Moonlite Gardens" is a registered trademark in the State of Ohio, owned by Moonlite Gardens, LLC. Unauthorized use of this trademark or any similar mark likely to cause confusion is a violation of state and federal trademark laws.

Other trademarks, service marks, and logos displayed on the Site may be the property of third parties. You may not use any of Moonlite Gardens’ or any third party’s marks without prior written consent from the applicable rights holder.

6. User Accounts

To access certain features, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information

  • Keep your login credentials confidential

  • Notify us immediately of any unauthorized access or use

You are solely responsible for all activities that occur under your account. We reserve the right to suspend or terminate your account at our discretion.

7. Privacy

Your use of the Site is subject to our Privacy Policy, which explains how we collect, use, and protect your personal data. By using the Site, you acknowledge and agree to the terms of the Privacy Policy.

8. User Conduct

You agree not to:

  • Violate any applicable laws or regulations

  • Infringe upon intellectual property or privacy rights

  • Transmit viruses, malware, or other harmful code

  • Use false identity or impersonate another person

  • Interfere with or disrupt the Site or its systems

  • Use automated tools to extract data from the Site

9. User Content

If you submit or post content (including reviews, images, or property information), you grant Moonlite Gardens a perpetual, royalty-free, worldwide license to use, reproduce, modify, distribute, and display such content in connection with our business.

You represent that you own or have the right to submit such content and that it does not violate the rights of any third party. We reserve the right to remove user content at our discretion.

10. Third-Party Links

The Site may contain links to third-party websites. We are not responsible for the content or privacy practices of those websites. Your use of third-party websites is at your own risk.

11. Mobile Access

You may access the Site via a mobile device. Standard data and messaging rates may apply. You are solely responsible for any fees incurred with your mobile carrier.

12. Disclaimers

The Site, its content, and all services are provided "as is" and "as available." We make no warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

We do not guarantee the Site will be error-free, secure, or uninterrupted, or that defects will be corrected.

13. Limitation of Liability

To the fullest extent permitted by law, Moonlite Gardens shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of the Site or services, even if advised of the possibility of such damages.

Our total liability for any claim shall not exceed the amount paid by you, if any, for services provided by Moonlite Gardens.

14. Indemnification

You agree to defend, indemnify, and hold harmless Moonlite Gardens, its affiliates, officers, employees, and agents from any claims, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising from your use of the Site or your breach of this Agreement.

15. Termination

We reserve the right to terminate or suspend your access to the Site or services, at any time and for any reason, including violation of this Agreement. Upon termination, your right to use the Site will immediately cease.

16. Arbitration

You agree that any disputes related to this Agreement will be resolved exclusively through final and binding arbitration in Cincinnati, Ohio, under the rules of the American Arbitration Association. Class actions and jury trials are waived.

17. Governing Law

This Agreement shall be governed by and construed under the laws of the State of Ohio, without regard to its conflict of laws principles. Any legal action shall be brought in Hamilton County, Ohio.

18. Force Majeure

We are not responsible for any failure or delay in our performance due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, government orders, labor disputes, or internet outages.

19. Severability

If any provision of this Agreement is deemed unlawful or unenforceable, that provision shall be modified or severed to the minimum extent necessary, and the remainder of the Agreement shall remain in full force and effect.

20. Entire Agreement

These Terms of Use, together with our Privacy Policy and any additional terms or conditions posted on the Site, constitute the entire agreement between you and Moonlite Gardens concerning your use of the Site and services. If you enter into an agreement directly with Preferred Guest Services or another property manager, that agreement is between you and that party and does not alter or supersede the terms contained herein unless expressly stated.