Terms & Conditions › Indemnification

8. Indemnification

Section 8 Last Updated: October 24, 2023

In This Section

As part of your agreement to use the BookEase platform, you agree to indemnify, defend, and hold harmless BookEase, its affiliates, officers, directors, employees, agents, and successors. This section outlines your responsibilities regarding liability arising from your use of the Service.

8.1 User Indemnification Obligations

You agree to indemnify and hold harmless BookEase and its related parties from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (collectively, "Losses"), including but not limited to attorney's fees, arising out of or in any way connected with:

  • Your access to or use of the Service (whether or not such access or use is permitted under this Agreement);
  • Your violation of this Agreement, including but not limited to the Terms of Service, Privacy Policy, or any other agreements between you and BookEase;
  • Your violation of any third-party rights, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right;
  • Your use of the Service in violation of applicable local, state, national, or international laws, rules, or regulations;
  • Any dispute or issue arising between you and a third-party Service Provider booked through the BookEase platform.

8.2 Scope of Claims

The indemnification obligations set forth in Section 8.1 extend to all types of claims, whether arising in tort, contract, statute, or any other legal or equitable theory. This includes, but is not limited to, claims related to:

  • Personal Injury or Property Damage: Claims resulting from physical injury or damage to property occurring during a booked service, provided such claims are attributable to your actions or negligence.
  • Intellectual Property Infringement: Claims alleging that your use of the Service or content you post infringes upon the trademarks, copyrights, patents, trade secrets, or other proprietary rights of any third party.
  • Data Breaches: Claims arising from unauthorized access to your account caused by your failure to maintain reasonable security measures.
  • Misrepresentation: Claims arising from false or misleading information provided by you during the booking process or in your account profile.

8.3 Defense and Cooperation

In the event of a third-party claim covered by this Indemnification section, you agree to:

  • Provide Notice: Notify BookEase in writing as promptly as reasonably possible after becoming aware of such claim. Failure to provide timely notice shall not relieve you of your indemnification obligations unless BookEase is materially prejudiced by such failure.
  • Allow Control: Permit BookEase to control the defense and settlement of such claim at its sole discretion, provided that BookEase shall not settle any claim that imposes any obligations or liabilities upon you without your prior written consent.
  • Cooperate: Provide all reasonably available assistance, at your expense, for the defense of such claim, including but not limited to providing information, documents, and testimony.

8.4 Limitations and Exclusions

Your indemnification obligations under this Section 8 shall not apply to:

  • Losses caused solely by the gross negligence or willful misconduct of BookEase or its agents; or
  • Claims arising from BookEase's modification of the Service outside of its standard maintenance and update procedures, where such modification directly causes the harm.

This Section 8 shall survive the termination of your account and this Agreement.

8.5 Third-Party Service Providers

BookEase acts as an intermediary platform connecting users with independent Service Providers. You acknowledge that:

  • BookEase is not a party to any agreement between you and a Service Provider.
  • Any indemnification agreements you may have with a Service Provider are separate from this Agreement.
  • You are responsible for verifying the suitability, quality, and legality of the services provided by third parties.

Nothing in this Section 8 shall be construed as waiving BookEase's right to seek indemnification from Service Providers where applicable under separate Service Provider Agreements.