Terms of Service

By checking “I agree,” creating an account, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service. If you use the Service on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” includes that entity. You represent that you are at least 18 years old and able to form a binding contract.

The Service presents analytics, search, and benchmarking tools built on Texas-reported public receipts and related public information. Lodging TX Analytics is an independent product and is not affiliated with, endorsed by, sponsored by, or connected to the State of Texas, any government agency, or any hotel, brand, or franchisor.

The figures shown in the Service originate from public records reported to the State of Texas, together with related public information. We compile and present this third-party data as a convenience. We do not create, generate, audit, verify, or independently confirm the underlying data, and we have no control over its accuracy or completeness.

Because the source records are prepared by third parties (individual taxpayers and government agencies), they routinely contain errors, omissions, delays, duplicate filings, mis-keyed amounts, and state-issued estimated or placeholder assessments that may not reflect a property’s actual revenue. Any “anomaly” detection, correction, estimate, RevPAR, index, or derived metric in the Service is our good-faith estimate only, is not verified, and may be wrong. Data may be incomplete, out of date, or unavailable for any period or property.

You accept all risk arising from the data. You are solely responsible for independently verifying any figure before relying on or acting on it. The Service is a research aid, not a system of record.

The Service is provided for informational purposes only and does not constitute financial, investment, brokerage, appraisal, valuation, accounting, tax, or legal advice, and does not create any advisory or fiduciary relationship. Lodging TX Analytics is not your broker, advisor, appraiser, or fiduciary. Any decision you make — including any purchase, sale, financing, valuation, or investment — is your own, and you should consult your own qualified professionals.

You must provide accurate, current information and keep your login credentials secure. You are responsible for all activity under your account. Accounts are for a single user and may not be shared. We may refuse, suspend, or terminate accounts at our discretion.

Paid plans are billed on a recurring basis in advance through our third-party payment processor. A free preview or trial, where offered, converts to no further access unless you subscribe. Subscriptions automatically renew until canceled. You may cancel at any time; your access continues through the end of the paid period, and partial periods are not refunded except as expressly stated by us or required by law. Except where required by law, fees are non-refundable and refunds, if any, are granted at our discretion. We may change prices or plans with reasonable notice, effective at your next renewal. You are responsible for applicable taxes.

We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for your own internal business purposes. You agree notto: (a) resell, sublicense, redistribute, or publicly display the data or create a competing or derivative dataset or product; (b) scrape, crawl, bulk-export, or use automated means to extract data beyond normal individual use; (c) share, transfer, or resell your account; (d) reverse-engineer or attempt to derive our source code or methods; or (e) use the Service unlawfully, to infringe others’ rights, or to harm the Service.

The Service — including its software, design, interfaces, and our compilation, organization, and derived analytics — is owned by Lodging TX Analytics and protected by law. The underlying public records are not owned by us. If you send us feedback or suggestions, you grant us a perpetual, royalty-free license to use them without restriction or obligation to you.

The Service and all data are provided “as is” and “as available,” with all faults and without warranty of any kind. To the maximum extent permitted by law, Lodging TX Analytics disclaims all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty as to the accuracy, completeness, currency, reliability, or availability of the data or the Service. Lodging TX Analytics does not warrant that the Service will be uninterrupted, secure, or error-free.

To the maximum extent permitted by law, Lodging TX Analytics and its owners, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost business, lost data, or business interruption, arising out of or relating to the Service or the data, whether based in contract, tort, or any other theory, even if advised of the possibility of such damages.

In all cases, the total aggregate liability of Lodging TX Analytics for all claims arising out of or relating to the Service or these Terms is limited to the total amount you actually paid to Lodging TX Analytics for the Service in the twelve (12) months immediately preceding the event giving rise to the claim. If you paid nothing, that amount is zero dollars ($0).

Some jurisdictions do not allow certain limitations; in those cases these limits apply to the fullest extent permitted. These limitations are a fundamental basis of the bargain between you and Lodging TX Analytics and apply even if a remedy fails of its essential purpose.

You agree to defend, indemnify, and hold harmless Lodging TX Analyticsand its owners, employees, and suppliers from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service, your reliance on the data, any decision or transaction you make, your violation of these Terms, or your violation of any law or the rights of a third party.

Please read — this affects your legal rights. You and Lodging TX Analytics agree that any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable rules, rather than in court. The arbitration will be held in the State of Texas (or by video/telephone), and judgment on the award may be entered in any court of competent jurisdiction.

You and Lodging TX Analyticsagree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any class or representative proceeding.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court to protect intellectual property or misuse of the Service. 30-day opt-out:you may opt out of this Section 12 by emailing support@lodgingtx.com within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration; opting out does not affect any other part of these Terms.

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law rules. For any matter not subject to arbitration, you and Lodging TX Analytics consent to the exclusive jurisdiction and venue of the state and federal courts located in Texas.

We may modify or discontinue the Service at any time. We may update these Terms; if we make material changes, we will update the version and date above and may require you to re-accept. Your continued use of the Service after changes take effect constitutes acceptance. The version in effect when you use the Service governs that use.

We may suspend or terminate your access at any time for any reason, including violation of these Terms. You may stop using the Service and cancel at any time. Sections that by their nature should survive termination (including Sections 3, 4, and 8–13) survive.

These Terms and our Privacy Policy are the entire agreement between you and Lodging TX Analytics regarding the Service. If any provision is held unenforceable, the rest remains in effect and the unenforceable provision is limited to the minimum extent necessary. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them. Neither party is liable for delays or failures caused by events beyond its reasonable control.

Questions about these Terms: support@lodgingtx.com