Blue Herron Properties Legal Notices

 1. Agreement to Terms

These Terms of Service ("Terms") are a binding legal agreement between you and Blue Herron Properties, LLC ("Blue Herron," "we," "us," or "our"), and Fairly Inc. (“Fairly”), which provides the software, platform technology, and financial services ("Fairly Platform"). These Terms govern your use of Blue Herron’s vacation rental property management services and the Fairly Platform (collectively referred to as the "Services"). By accessing or using the Services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you should not use the Services.

The Services are intended for users who are at least 18 years of age. If you are under 18, do not use the Services.

Blue Herron operates in the states of Delaware and Maryland, and these Terms govern the use of the Services within those jurisdictions.

2. Changes to Terms

Blue Herron and Fairly reserve the right to modify or update these Terms at any time. All changes will be posted on this page and will take effect immediately. Your continued use of the Services following the changes signifies your acceptance of the revised Terms.

3. Services Availability

While Blue Herron and Fairly strive to provide uninterrupted access to the Services, we do not guarantee that the Services will always be available. Maintenance, system updates, and unforeseen issues may result in temporary outages. We will not be liable for any interruptions in service, whether caused by Blue Herron, Fairly, or other factors outside our control.

4. Account Security

To access certain Services, you must create an account through the Fairly Platform. You agree to provide accurate, current, and complete information during the registration process and maintain the accuracy of this information. You are responsible for maintaining the confidentiality of your login credentials and are liable for any unauthorized use of your account. You must immediately notify Blue Herron or Fairly if you suspect any unauthorized access to your account.

5. No Reliance; No Offer or Advice

The content and services provided through Blue Herron and the Fairly Platform are for informational purposes only. Neither Blue Herron nor Fairly guarantees the accuracy or completeness of any information provided through the Services. The use of the Services does not constitute a solicitation or offer to enter into any specific transaction, and you are responsible for your actions when using the Services.

6. Intellectual Property Rights

• Blue Herron Content: All content, features, and functionality of the Services, including text, images, logos, software, and design (collectively, "Blue Herron Content") are owned by Blue Herron or its licensors. You may not use, reproduce, distribute, or create derivative works of any Blue Herron Content unless expressly authorized by us.
  
• Fairly Platform: The Fairly Platform, including all software, design, and related technology, is owned by Fairly Inc. and is provided for your use in connection with the Services. You may not use, distribute, or reverse-engineer the Fairly Platform except as permitted by these Terms.
  
• User Content: By submitting content to Blue Herron or Fairly through the Services, you grant a non-exclusive, royalty-free license to use, display, and distribute such content for the operation of the Services.

7. Services Usage

Blue Herron provides vacation rental property management services through the Fairly Platform. The platform allows users to list, book, and manage short-term rental properties. While Blue Herron manages the relationship between property owners and guests, Fairly provides the technology to support those transactions, including handling financial and payment matters.

• Property Owners: As an owner, you are responsible for the accuracy of your property listing, pricing, and house rules. You must also maintain your property in a habitable and safe condition. Blue Herron is not responsible for disputes between owners and guests, though we facilitate communication and bookings through the Fairly Platform. Fairly handles the processing of payments, including any applicable fees and tax remittance, on behalf of Blue Herron.

• Guests: When booking a property, you agree to pay all applicable fees and to abide by the rental agreement with the property owner. Blue Herron and Fairly are not responsible for any damages caused during your stay or any disputes that arise between you and the property owner. Fairly processes all payments and handles refunds or disputes in accordance with the owner’s cancellation policies.
  

8. Cancellations and Modifications

Each reservation is subject to the cancellation policy provided by the property owner. If you are a guest, you must review the cancellation and modification policies before booking. Owners are required to honor confirmed bookings but may cancel reservations for valid reasons. Cancellations by Blue Herron or Fairly can also occur under certain circumstances.

9. Taxes and Fees

You are responsible for any applicable taxes and fees related to the booking and management of your property. Blue Herron, in partnership with Fairly, may collect and remit taxes on your behalf for certain jurisdictions in Delaware and Maryland. You authorize Blue Herron and Fairly to handle the collection and remittance of taxes as required by law.

10. Privacy

By using the Services, you consent to the collection and use of your personal data as described in our Privacy Policy. Both Blue Herron and Fairly respect your privacy and will handle your information securely in accordance with applicable laws.

11. Payments

Blue Herron, using the Fairly Platform, processes payments for both property owners and guests. Owners will receive payments less applicable fees, taxes, and any deductions as part of their use of the platform. Fairly is responsible for processing payments, ensuring timely payment to property owners, and handling any issues related to charges, refunds, or adjustments. If payment issues arise, you authorize Blue Herron or Fairly to collect fees or taxes owed through alternative payment methods.

12. Limitation of Liability

Neither Blue Herron nor Fairly will be liable for any indirect, incidental, or consequential damages arising from your use of the Services. Our total liability for any claim will not exceed the amount you have paid for services in the past 12 months.

13. Indemnification

You agree to indemnify and hold harmless Blue Herron, Fairly, and their affiliates, officers, employees, and agents from any claims, losses, or damages arising out of your use of the Services, including violations of these Terms.

14. Termination

Blue Herron or Fairly may suspend or terminate your access to the Services at any time, with or without cause. Upon termination, you will no longer have access to the Services, and any ongoing obligations will remain in effect until completed.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware and the State of Maryland, as applicable. Any disputes arising from these Terms or your use of the Services will be resolved through binding arbitration, with the arbitration taking place in Delaware or Maryland, depending on the jurisdiction relevant to the dispute.

16. Force Majeure

Neither Blue Herron nor Fairly will be liable for delays or failure to perform due to causes beyond reasonable control, such as natural disasters, strikes, or other unforeseen circumstances.