hotels.cloudbeds.com Open in urlscan Pro
52.35.124.157  Public Scan

Form analysis
1 forms found in the DOM

POST https://hotels.cloudbeds.com/auth/login

<form action="https://hotels.cloudbeds.com/auth/login" id="login_form" method="post" accept-charset="utf-8">
  <input type="hidden" name="csrf_accessa" value="0c0c45a4d233e194bd99df99bea7f895">
  <input class="login_user_language" name="language" type="hidden" value="en-US">
  <input class="login_user_platform" name="platform" type="hidden" value="Win32">
  <input class="login_user_width" name="screen_width" type="hidden" value="1600">
  <input class="login_user_height" name="screen_height" type="hidden" value="1200">
  <div class="row margin-0">
    <div class="col-md-12">
      <div class="form-group">
        <label for="login" class="">Email</label>
        <div class="input-icon">
          <i class="fa fa-user"></i>
          <input type="text" name="email" value="" id="email" class="form-control placeholder-no-fix" error="" placeholder="Email" autocomplete="off" data-hook="login-email">
        </div>
      </div>
      <div class="form-group">
        <label for="password" class="">Password</label>
        <div class="input-icon">
          <i class="fa fa-lock"></i>
          <input type="password" name="password" value="" id="password" class="form-control placeholder-no-fix" error="" placeholder="Password" autocomplete="off" data-hook="login-password">
        </div>
      </div>
      <div class="form-group">
        <div id="captcha_container" class="form-group"></div>
        <input name="visible_captcha" type="hidden" value="">
        <input name="hidden_captcha" type="hidden" value="">
      </div>
      <div class="form-group login-footer">
        <button type="submit" class="btn login_btn btn-block" data-hook="login-btn"> Login </button>
      </div>
      <div class="accept_terms">
        <p>By clicking "Log in" you confirm that you accept the <a class="read_terms" href="#">Terms of Service</a></p>
      </div>
      <div class="form-group forget-password">
        <p>Forgot your password ? Click <a id="forget-password" href="/auth/forgot_password">Here</a></p>
      </div>
    </div>
    <input type="hidden" name="return_url" value="">
  </div>
</form>

Text Content

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TERMS OF SERVICE

1. ACCEPTANCE OF TERMS
Digital Arbitrage, Inc., which owns and operates www.Cloudbeds.com (the
“Company”) and you enter into this agreement subject to the following Terms and
Conditions (“Terms”). The terms govern your contractual relationship with the
Company, including, but not limited to, your use of the Company’s website,
www.Cloudbeds.com (the “Website”), as well as your use of the Services (defined
below). They create legally binding obligations, and you should review them
carefully before accessing the Website or using any of the Services. If you are
accessing the Website on behalf of a company or other entity, you represent and
warrant that you are authorized to bind such entity to the provisions hereof.
The Terms may be revised from time to time without notice, and the then-current
version of the Terms will apply to any transaction or action or omission by you
or the Company. This Agreement shall apply for an indefinite term and may be
terminated by either party by providing thirty days’ notice to the other party.

2. COMMUNICATIONS
When you visit the Website or send emails to us, you are communicating with us
electronically. You consent to receive communications from us electronically. We
will communicate with you by email or by posting notices on the Website. You
agree that all agreements, notices, disclosures, and other communications that
we provide to you electronically satisfy any legal requirement that such
communications be in writing. Any comments, materials, or letters sent by you to
the Company, including, without limitation, questions, comments, suggestions,
criticisms, or the like (“Received Materials”), may be deemed by the Company to
be non-confidential and free of any claims of proprietary or personal rights.
The Company shall have no obligation of any kind with respect to such Received
Materials and the Company will be free to reproduce, use, disclose, exhibit,
display, transform, edit, abridge, create derivative works from, and/or
distribute the Received Materials without limitation or restriction.
Furthermore, the Company is free to use any ideas, concepts, know-how, or
techniques contained in any communication you send to the Company for any
purpose whatsoever, including, but not limited to, developing, manufacturing,
and marketing products using such information or ideas, without compensation or
any other obligations to anyone, including you. You agree that any information
you receive from the Company related to the Company’s operations, plans,
customers, methods, business, finances, procedures, and other information that
would reasonably be considered confidential shall be considered Confidential
Information and that you will not disclose any Confidential Information to third
parties during the term of this Agreement and for a period of five years after
its expiration.

3. DESCRIPTION OF SERVICES AND PRODUCTS
The Company provides users with a rich collection of services through the
Website that allow users to manage properties in the travel industry, promote
those properties, and distribute information related to availability and booking
through the Website (“Services”). For purposes of clarity, the term “Services”
includes all functionality made available through the Website, such as the help
desk system, connectivity APIs, and related support services. Any new features
which augment or enhance the current Services, including the release of new
features or products, is also governed by the Terms. The Company reserves the
right at any time to change or discontinue the Services with or without notice.
You agree that the Company shall not be liable to you or to any third party for
any modification, suspension, or discontinuance of any of the Services. If a
service or product is listed on the Website at an incorrect price or with
incorrect information, we reserve the right to refuse or cancel orders placed
for that service or product, whether or not the order has been confirmed and
even if your account has been charged (in which event a credit will be issued to
your account in the amount of the charge). Our creation or transmission of an
order confirmation does not signify acceptance of your order, nor constitute a
binding confirmation of an offer to sell any service offered on the Website, and
we reserve the right to accept or decline your order for any reason. We may
contact you and require additional information from you before we grant such
approval. Services on the Website are offered for sale only to end-user
customers and not for resale. We reserve the right to refuse, cancel, or seek
the return of any services or products that are purchased in violation of our
policies and restrictions. You are responsible for any taxes imposed on the sale
or use of Services and applicable taxes may be added to the amount charged for
Services purchased on the Website.

4. ACCESS AND FEES
You are responsible for obtaining access to the Services, which may require
transacting with third parties, such as internet providers. Fees charged for the
Services are as disclosed on the Website. Your use of the Website is subject to
timely payment of such fees.

5. LICENSE AND SITE ACCESS
The Company hereby grants you, subject to the Terms, a limited non-exclusive,
non-sublicensable, non-transferable, license to use the Services. You may not
download any portion of the Website or any Services other than for your own
personal use. You may not use any data mining, robots, or similar data gathering
tools or otherwise exploit your access to the Services for any commercial
purpose. You may not use any of the trademarks, logos, or other proprietary
graphics without express written permission, which may be denied at the
Company’s absolute discretion. The Company’s logos and product and service names
are trademarks of the Company. All other trademarks appearing on the Website or
in connection with the Products or Services are trademarks of their respective
owners, and our reference to them does not imply or indicate any approval or
endorsement by their owners unless such approval or endorsement is expressly
made. You may not attempt to disassemble, decompile, reverse engineer, or
otherwise modify or attempt to access the software, related code, or any portion
of the Services.

6. YOUR ACCOUNT
You are responsible for maintaining the confidentiality of any account
information, including your username and password, and for restricting access to
your computer, and you agree to accept responsibility for all activities that
occur under your account or password. The Company reserves the right to refuse
service, terminate accounts, remove or edit content, or cancel orders in its
sole discretion. You are also solely responsible for the accuracy and currency
of the data entered into the Services under your user account. You agree to
indemnify and hold the Company harmless from and against any claim related to
content, accuracy, or currency of the information you provide through the
Services.

7. LINKS
The Company may provide links to other websites or resources. Because the
Company has no control over such sites and resources, you acknowledge and agree
that the Company is not responsible for the availability or content of such
external sites or resources. You may create a link to the Website so long as the
link does not portray the Company or its products or services in a false,
misleading, derogatory, or otherwise offensive manner. You may not use any of
the Company’s logos, trademarks, or other proprietary graphics as part of your
link.

8. COPYRIGHT AND TITLE
The Services and all copyrights, trade secrets, and other proprietary rights
therein, including any derivative work, are, and will remain, the sole property
of the Company, regardless of the use made by you; and are protected by certain
United States and international copyright laws and trademark laws. The Terms
confer no title of ownership in the Services, other than in the products you
purchase, and are not a sale of any rights in the Services, including any
intellectual property rights related thereto.

9. WARRANTY
The Company warrants that the Services and all elements thereof do not infringe
the intellectual property rights of any third party and agree to hold you
harmless and indemnify you with respect to any final judgment obtained by a
third party based on a claim that the Services infringe on the intellectual
property rights of such third party.

10. DISCLAIMER OF WARRANTY. Except as expressly set forth in SECTION 9 of THIS
AGREEMENT, THE services, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT
WARRANTY OF ANY KIND, ORAL, WRITTEN, STatutory, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. Company does not warrant or guarantee the availability,
accuracy, or truthfulness of any information provided by or with respect to a
hotelier or other provider of services accessed through the Services, including
information leading to overbooking, and you agree to hold company from and
against any such claims. WITHOUT LIMITING THE FOREGOING, company DOES NOT
WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE website
and/or delivery of the services SHALL BE UNINTERRUPTED OR ERROR-FREE.
Because some jurisdictions may not allow the exclusion of implied warranties,
such limitation may not apply in its entirety to Licensee. Any warranties made
in this Agreement are for your benefit only.

11. LIMITATION ON LIABILITY
IN NO EVENT WILL THE COMPANY, ITS SUPPLIERS, SHAREHOLDERS, OFFICERS, EMPLOYEES,
OR AGENTS BE LIABLE FOR ANY LOST PROFITS, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING OUT OF THIS
AGREEMENT OR THE USE OF OR RELIANCE UPON THE SERVICES OR PRODUCTS, EVEN IF IT
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL
THE COMPANY’S TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS
AGREEMENT AND USE OF THE SERVICES (INCLUDING, BUT NOT LIMITED TO, WARRANTY
CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM
IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU DURING
THE 12-MONTH PERIOD PRIOR TO SUCH CLAIM ARISING. THE PARTIES AGREE THAT THIS
SECTION SHALL SURVIVE AND CONTINUE IN FULL FORCE AND EFFECT DESPITE ANY FAILURE
OF CONSIDERATION OR OF AN EXCLUSIVE REMEDY. THE PARTIES ACKNOWLEDGE THAT THE
PRICES HAVE BEEN SET AND THE AGREEMENT ENTERED INTO IN RELIANCE UPON THESE
LIMITATIONS OF LIABILITY AND THAT ALL SUCH LIMITATIONS FORM AN ESSENTIAL BASIS
OF THE BARGAIN BETWEEN THE PARTIES. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE
EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SUCH LIMITATIONS
MAY NOT APPLY.

12. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of
the State of California, without reference to the United Nations Convention on
the International Sales of Goods. The Parties hereby submit to the exclusive
jurisdiction of the state and federal courts located in the State of California.

13. ATTORNEY FEES
In case of an action to enforce any rights or conditions of the Terms, or appeal
from said proceeding, it is mutually agreed that the losing party in such suit,
action, proceeding, or appeal shall pay the prevailing party’s reasonable
attorney fees and costs incurred.

14. ENTIRE AGREEMENT; AMENDMENT
The Terms are a binding contract and constitute the entire agreement and
understanding of the parties, whether oral or written, relating to the subject
matter hereof; are intended as the parties’ final expression and complete and
exclusive statement of the terms hereof, superseding all prior or
contemporaneous agreements, representations, communications, and understandings,
whether written or oral; and may be amended or modified only by an instrument in
writing signed by both parties.

15. NON-WAIVER
No waiver of any provision of the Terms shall constitute a waiver of any other
provision, whether or not similar, nor shall any waiver constitute a continuing
waiver. Failure to enforce any provision of the Terms shall not operate as a
waiver of such provision or any other provision or of the right to enforce such
provision or any other provision.

16. NO THIRD PARTY BENEFICIARIES
Nothing in the Terms, express or implied, is intended to confer on any person,
other than the parties to the Terms, any right or remedy of any nature
whatsoever.

17. SEVERABILITY; BINDING EFFECT
If any provision of the Terms shall be invalid or unenforceable in any respect
for any reason, the validity and enforceability of any such provision in any
other respect and of the remaining provisions of the terms shall not be
impaired. The Terms shall be binding on and inure to the benefit of the parties
and their heirs, personal representatives, successors, and assigns.

18. FORCE MAJEURE
Company will not be liable for, or be considered to be in breach of or default
under the Terms on account of, any delay or failure to perform as required by
the Terms as a result of any cause or condition beyond the Company’s reasonable
control.

19. DEFENSE AND INDEMNIFICATION
In addition to the other provisions of this Agreement, you agree to defend the
Company from any actual or threatened third party claim arising out of or based
upon your use of the Services, or of your breach of any of the provisions of the
Terms. You agree to indemnify the Company against: (a) all damages, costs, and
attorneys’ fees finally awarded against the Company in any proceeding under this
section; (b) all out-of-pocket costs (including reasonable attorneys’ fees)
reasonably incurred by the Company in connection with the defense of such
proceeding (other than when you have accepted defense of such claim); and (c) if
any proceeding arising under this section is settled, any amounts to any third
party agreed to by you in settlement of any such claims.
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