Terms of service
These Terms of Service ("Terms"), together with our Privacy Policy, program and subscription agreements, and all other terms and policies available and agreed to on the Services, which are incorporated here by reference, form a written contract (the "Agreement") between you and Prodigy Property Management Inc., doing business as Prodigy Host Academy ("PHA" or "Company") governing your use of our website and any related websites, applications, and platforms (collectively, "Services"). You represent that you are authorized to enter into this Agreement and, if applicable, authorized to act on behalf of and bind your business. You and Company may be referred to collectively as the "Parties" or individually as a "Party."
By accessing or using the Services, you represent that you are authorized to enter into this Agreement and that you are at least 18 years old. These Terms are a legally binding agreement between PHA and you about your use of the Services and contain important provisions affecting your rights, including a requirement to arbitrate claims on an individual, rather than class-wide, basis, as set out in Section 1 below. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. If you do not agree to this Agreement, you must immediately stop using the Services. These Terms apply to all visitors, users, and others who access or use the Services.
1. Dispute resolution
THIS SECTION SIGNIFICANTLY AFFECTS HOW ANY DISPUTES MUST BE RESOLVED. This Section applies to the fullest extent permitted by applicable law.
Informal resolution. We ask that you first try to resolve any issue by contacting us at support@prodigyhostacademy.com.
Arbitration. You and PHA agree that all Claims must be resolved exclusively through final and binding arbitration, rather than in court. "Claim(s)" means any dispute between the Parties or their owners or agents (who are third-party beneficiaries of this provision) arising out of, related to, or in connection with this Agreement, the Services, or PHA. There is no judge or jury in arbitration. If you and PHA cannot resolve a Claim through negotiation, the Claim will be finally and exclusively resolved by binding arbitration. This arbitration agreement is reciprocal, and any election to arbitrate by one Party is final and binding on the other(s). The language in this Agreement will be interpreted according to its fair meaning and not strictly for or against either Party. The Federal Arbitration Act and related federal law govern the interpretation and enforcement of this agreement to arbitrate. The arbitration will be commenced and conducted through JAMS (www.jamsadr.com) under its Streamlined Rules, as modified by this agreement to arbitrate. The Parties will each participate in selecting a neutral arbitrator under the Streamlined Rules. If JAMS is unavailable to arbitrate a dispute or claim, you and PHA agree to arbitrate all Claims on an individual basis using an alternative arbitral forum. All remedies available to the Parties under applicable law remain available in arbitration. Unless you and PHA agree otherwise in writing, the final arbitration hearing will take place at the JAMS facility in or nearest to your city of residence, although either Party may elect to have the proceedings conducted by video conference. The arbitrator's award will consist of a written statement of the disposition of each Claim, with a concise written statement of the essential findings and conclusions on which it is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either Party may litigate to compel arbitration, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the arbitrator's award. You acknowledge that without this provision, you would have the right to sue in court with a jury trial.
Payment of fees. If you initiate arbitration against PHA, you may be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining JAMS Case Management Fee and all professional fees for the arbitrator's services) will be paid as determined by the arbitrator. If PHA initiates arbitration against you, PHA will pay all costs associated with the arbitration. Regardless of the outcome, you and PHA will each pay your own legal fees and costs unless an award of those fees is available under applicable statute.
Class action waiver. THE PARTIES MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL PROVISION. UNLESS YOU AND PHA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOUR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS.
Governing law and location. Subject to the provisions above regarding the Federal Arbitration Act and the provisions below, this Agreement, including its interpretation, will be treated as though it were executed and performed in the Province of British Columbia, and will be governed exclusively by the laws of the Province of British Columbia and the federal laws of Canada applicable there, without regard to conflict of law principles. The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the courts located in Vancouver, British Columbia. The Parties agree to, and waive any objection to, the jurisdiction and venue of those courts, and expressly submit to extraterritorial service of process.
Construction. These provisions are severable and subject to applicable law. If any provision of this arbitration agreement is found invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect. The arbitrator may award the same damages or other relief available in court. Nothing here limits any right to seek a public injunction where allowed by law. This arbitration agreement survives termination.
2. Your use of the Services
Licence to use the Services. Subject to your compliance with this Agreement, PHA grants you a non-exclusive, non-sublicensable, revocable, non-transferable, limited licence to access and use the Services in the manner intended by PHA. This licence does not allow you to reproduce, duplicate, copy, modify, sell, or otherwise exploit any portion of the Services without our prior express written consent. All rights not expressly granted in this Agreement are reserved by PHA.
Education only. The Services and the program provide education and coaching about the short-term rental business. PHA does not provide property management, real estate, legal, accounting, tax, or financial advisory services. You are responsible for following the laws, bylaws, licensing requirements, strata or building rules, lease terms, and platform policies that apply to any short-term rental you operate.
3. Accounts, payments, and partners
Accounts. You may be required to create an account and provide accurate and complete information to access parts of the Services. Use of the Services by anyone under the age of 18 is not allowed. If we learn or suspect that someone under 18 has created an account, we may terminate that account without additional notice. You may only use the Services and your account in compliance with this Agreement and all applicable laws, and you are responsible for any activity in your account. You may not create more than one account, or transfer or assign your account, without our prior written permission. You are responsible for keeping your account confidential and restricting access to it. If you suspect any suspicious or unlawful activity, notify us immediately. Company is not responsible for third-party access to your account resulting from theft or misappropriation of your credentials.
Payments. You may make purchases through the Services, which may involve fees payable to PHA. Unless otherwise stated in a separate agreement between you and PHA or required by law, all purchases are final immediately upon receipt of payment, and PHA does not offer refunds. See our Refund Policy. You agree to pay all fees, taxes, and other amounts due for your purchases, and you authorize the collection and transfer of your related information to our third-party payment processors to process them. Failure to pay all fees when due is a material breach of this Agreement and may result in suspension or termination of your access to the content, services, and/or your account, at Company's sole discretion. To the fullest extent permitted by law, if you dispute any fee, you must notify Company in writing and submit any supporting evidence within 30 days after the dispute arose by emailing support@prodigyhostacademy.com, and you waive all claims related to fees not disputed in this way. If you have purchased a specific product or program, a separate agreement will supersede this Agreement where their terms expressly conflict or as otherwise stated in that agreement.
4. User content and copyright policy
Content. Any information, content, text, links, graphics, photos, audio, videos, data, or other materials uploaded, shared, displayed, or provided by you in connection with the Services, including your comments, posts, communications, name, username, likeness, image, voice, and profile picture (collectively, "Content"), is provided subject to this Agreement. Your Content must be truthful, substantiated, lawful, and not misleading, and must not infringe anyone's copyright, trademark, or other proprietary rights. Company may access, review, screen, edit, suspend, and delete your Content and your account at any time and for any reason, including to provide and develop the Services, to investigate a suspected violation of this Agreement or applicable law, and to comply with applicable law, but Company has no obligation to do so. You alone are responsible for your Content and for making sure it complies with all applicable laws. Once Content is public or has been shared with third parties, you may not be able to control its disclosure, even if you delete the original. Any use of or reliance on content obtained through the Services is at your own risk. We do not endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or endorse any opinions expressed on the Services. All content is the sole responsibility of the person who created it.
Licence. You keep your rights to your Content. By using the Services, you grant Company a worldwide, royalty-free, sublicensable, assignable, revocable (to the extent not published), and transferable licence to host, store, use, display, modify, adapt, edit, publish, translate, and distribute your Content, and a perpetual licence to exhibit, broadcast, publicly perform, and publicly display Content in any form and in any media now known or later developed, in connection with the Services, including for marketing purposes. Your sole consideration for this licence is your ability to use the Services as intended. You represent and warrant that you have all rights necessary to grant this licence.
Copyright notices. If you believe content on the Services violates your copyright, you may send a notice to our copyright agent with the subject line "Copyright Notice":
Copyright Agent
Prodigy Property Management Inc., d/b/a Prodigy Host Academy
175 East 10th Street
North Vancouver, BC V7L 4W1
Canada
support@prodigyhostacademy.com
Your notice must include: (a) an electronic or physical signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) a description of the nature and location of the material you claim is infringing, in enough detail for us to find it; (d) your name, address, telephone number, and email address; and (e) a statement by you (i) that you believe in good faith that the use of the material is not authorized by the copyright owner, its agent, or the law, and (ii) under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.
We will respond to compliant notices, including where appropriate by removing or disabling access to the material. If we take action, we will make a good faith attempt to contact the person who made the content available. You may be liable for damages for material misrepresentations in a notice, so consider whether the use may be fair use or fair dealing before sending one, and consult a lawyer if you are unsure.
If you believe in good faith that we removed your content in error, you may send a counter-notice with: (a) your name, address, and phone number; (b) any ID found on the notification you received; (c) the location of the content we removed; (d) a statement under penalty of perjury that you believe in good faith the content was removed in error; (e) a statement that you consent to the jurisdiction of the courts where your address is located, or if outside the United States and Canada, any judicial district in which the applicable parties may be found, and that you will accept service of process from the person who sent the original notice; and (f) a physical or electronic signature.
If we receive notice that a user has repeatedly infringed copyrights, we may suspend or terminate that user's account or take other action at our discretion.
5. Prohibited conduct
By using the Services, you agree not to violate this Agreement or any applicable laws. You are solely responsible for your use of the Services, your account, and your Content. You agree not to do, attempt, or help anyone else do any of the following. Company may refuse or cancel services, suspend or terminate accounts, or remove or edit content at its sole discretion.
You will not use the Services in a manner that:
- violates any applicable laws or regulations;
- violates or infringes our or another's rights of publicity, privacy, copyright, trademark, or other intellectual property rights;
- bullies, harasses, intimidates, or defames anyone;
- sends spam to users without express consent, or uses another person's account;
- posts material containing pornography, graphic violence, threats, hate speech, or incitements to violence;
- uploads viruses or other malicious code, compromises the security of the Services, or attempts to circumvent any content-filtering techniques;
- probes, scans, or tests the vulnerability of the Services or any related system or network;
- encourages or promotes any activity that violates this Agreement or any applicable laws;
- could disable, overburden, damage, or impair the Services, or imposes an unreasonable or disproportionately large load on our infrastructure;
- uses any robot, spider, scraper, or automated means to access the Services or user data without our prior express consent;
- uses the Services for any commercial purpose, including promoting unrelated offers to other students, without our prior express consent;
- gains access to any part of the Services you are not authorized to access;
- copies, modifies, distributes, sells, assigns, or leases any part of the Services, or reverse engineers or attempts to extract source code relating to the Services, without our prior express consent;
- resells or sublicenses the Services, including sharing course materials; or
- restricts or inhibits anyone else's use of the Services or, as determined by Company, may harm Company or third parties or expose them to liability.
PHA disclaims any perceived, implied, or actual duty to monitor content made available through the Services and disclaims responsibility for information provided on the Services by others. Without limiting its other remedies, PHA may terminate your use of the Services if you upload, post, transmit, display, or distribute content that PHA, in its sole discretion, determines violates these Terms. PHA intends to cooperate fully with law enforcement officials or agencies investigating any violation of this Agreement or applicable law.
6. Intellectual property and limited licence
Company (or its licensors, partners, providers, or suppliers) owns all right, title, and interest in and to the Services, including the infrastructure and all related technology, intellectual property, and proprietary content, including all related software, copyrights, and trademarks, and this website. All content included in the Services, such as text, graphics, logos, audio, video, images, course materials, templates, spreadsheets, software, and the compilation of these, is the property of Company (or its licensors, partners, providers, or suppliers), subject to third-party and user Content. You agree to abide by all copyright and other proprietary notices, legends, and restrictions and not to change them. Subject to your full compliance with this Agreement and all applicable laws, Company grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable licence to access and use the Services as intended. For example, you may make limited copies of materials made available to you through the Services for your own personal use in your own business. You may not otherwise copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from or through the Services. Company reserves all rights and grants no licences, express or implied, except as expressly authorized by this Agreement.
7. Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS OWNERS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES OR THE OPERATION OF ANY WEBSITE OR MATERIALS PROVIDED THROUGH THE SERVICES. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY MAKES NO REPRESENTATIONS REGARDING THE SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY ASPECT OF THE SERVICES OR MATERIALS. COMPANY IS NOT RESPONSIBLE FOR FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, COMPUTER VIRUSES, OR OTHER TECHNICAL DEFECTS. COMPANY DISCLAIMS ALL LIABILITY ARISING FROM YOUR FAILURE TO KEEP ANY ACCOUNT CREDENTIALS OR OTHER DATA SECURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OF WARRANTY, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
You assume all risks of using the Services. PHA is not responsible for reviewing third-party content, including third-party links. By using the Services, you may be exposed to content that is inaccurate, incomplete, misleading, offensive, or contrary to your needs or applicable laws, and there are risks when dealing with other parties online. It is your responsibility to do your own due diligence, and you are solely responsible for your interactions with other users and third parties, including when making any purchases. PHA is not responsible for storing or maintaining any information, subject to applicable laws, and you should keep copies of your own data.
We regularly update our program content and service offerings. The information on the Services may contain errors or inaccuracies and may not be complete or current. Any reliance on material on this site is at your own risk, and we are not liable for any personal, financial, or other hardship or loss arising from your reliance on it. We do not guarantee any income, occupancy, or other result. See our Earnings Disclaimer.
8. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS OWNERS AND AGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA, COSTS OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY THEORY, ARISING OUT OF OR RELATED TO THE SERVICES, REGARDLESS OF NOTICE. THESE LIMITATIONS REFLECT A VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT AND SURVIVE ANY TERMINATION OF IT. PHA IS NOT LIABLE OR RESPONSIBLE FOR ANY ACT, ERROR, CONTENT, REPRESENTATION, OMISSION, VIOLATION, OR BREACH BY ANY THIRD PARTY, INCLUDING ANY USERS, PARTNERS, SUPPLIERS, LICENSORS, OR PROVIDERS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US $100.00) OR THE AMOUNT YOU PAID TO COMPANY, IF ANY, IN THE 3 MONTHS BEFORE THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnification
You knowingly and freely assume all risk when using the Services. You agree to defend, indemnify, and hold harmless Company and its parents, subsidiaries, employees, agents, owners, and licensors (who are third-party beneficiaries) from and against any claims, damages, losses, liabilities, costs, legal fees, and expenses arising out of or related to any third-party claim relating to your use of the Services, your account, your Content, your breach or alleged breach of this Agreement, or your violation or alleged violation of any applicable law or the rights of any third party. You may not settle any such claim without Company's written consent.
10. Third-party content
Company is not responsible for third-party websites, applications, links, goods, services, posts, information, or content, even if made available through the Services. Company does not control third parties, and your reliance on them is entirely at your own risk. Company does not endorse any third party, even if referenced through the Services. PHA is not affiliated with Airbnb, Inc., Vrbo, or any other booking platform.
11. Communications
By submitting your contact information through the Services, you expressly agree to be contacted by Company and its agents, including for marketing purposes. You may opt out of marketing communications at any time by following the instructions in each communication or by emailing support@prodigyhostacademy.com. If you opt out, we may still send you non-promotional communications, such as updates to this Agreement or our Privacy Policy. You agree that all notices and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
12. Termination and modification
Company may change or discontinue the Services from time to time without notice to you. Company may terminate this Agreement at any time by discontinuing the Services or on notice to you. Company may modify this Agreement at any time on notice, such as by posting a new version on the Services, and you should review the Agreement each time you use the Services. This Agreement may not otherwise be amended except in writing signed by both Parties. Provisions regarding dispute resolution, intellectual property, disclaimers, limits of liability, indemnification, and miscellaneous terms survive any termination, and any termination ends your limited licence to use the Services.
13. Miscellaneous
These Terms are subject to applicable law, and any provision is void where prohibited. This Agreement does not create any partnership, joint venture, employment, or agency relationship. A Party's failure to enforce any provision is not a present or future waiver of it and does not limit that Party's right to enforce it later. All waivers must be in writing to be effective. You may not assign or transfer this Agreement or any rights or obligations under it without Company's prior written consent. Company may assign its rights and obligations under this Agreement and engage subcontractors or agents without your consent. This Agreement binds and benefits the Parties' successors and permitted assigns. This Agreement, with any other applicable Company terms and policies, is the entire agreement between you and Company about its subject matter and supersedes all prior or contemporaneous representations, understandings, agreements, or communications, written or verbal, about it. Subject to the arbitration provisions, this Agreement is governed by the laws of the Province of British Columbia. You have the right to consult a lawyer before agreeing to this Agreement. If any portion of this Agreement is held invalid or unenforceable, the remaining portions remain in full force and effect, and the invalid portion will be interpreted to reflect its original intent or, if that is not possible, severed. Company is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, labour disputes, power or telecommunications outages, pandemics, earthquakes, storms, embargoes, riots, acts or orders of government, terrorism, or war. Company's performance of this Agreement is subject to existing laws and legal process, and nothing in this Agreement limits Company's right to comply with governmental, court, or law enforcement requests or requirements. A printed version of this Agreement and of any notice given electronically is admissible in proceedings relating to this Agreement to the same extent as other business records kept in printed form. The Parties expressly wish that this Agreement and all related documents be written in English.
14. Contact
Please contact us with any questions at:
Prodigy Property Management Inc.
d/b/a Prodigy Host Academy
175 East 10th Street
North Vancouver, BC V7L 4W1
Canada
support@prodigyhostacademy.com