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The following terms and conditions (the “Terms of Service”) constitute an agreement between you, whether as a customer, prospect, business or referral partner, or casual visitor (“User”, “you”, or “your”) and The Digital Hotelier, and its group companies, affiliates, successors, and assigns (“The Digital Hotelier”, “we”, “us”, or “our”) regarding your use of The Digital Hotelier’ Site and related web offering (as defined below). The Digital Hotelier is the owner and operator of www.thedigitalhotelier.com website (the “Site”), our email newsletters, email notifications, our referral program, and any related electronic communication platform (collectively, the “Web Offering”), and all content and features contained in the foregoing.
BY ACCESSING THE SITE, UTILIZING THE WEB OFFERING, REQUESTING INFORMATION THROUGH OUR SITE, REGISTERING FOR OUR REFERRAL PROGRAM AND/OR REGISTERING FOR A WEBINAR, YOU AFFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING OUR PRIVACY NOTICE.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
The Digital Hotelier, in its sole and absolute discretion, may change, modify or discontinue the Site, the Web Offering, or these Terms of Service (including any policies or agreements that are incorporated by reference hereto) at any time and without prior notice to you. Any changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) The Digital Hotelier may notify you of such changes by posting them to this Site and that (ii) your continued use of this Site and/or the Web Offering after such changes or modifications were made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of these Terms of Service as last revised. In addition, The Digital Hotelier may occasionally notify you of upcoming changes or modifications to these Terms of Service by email.
This Site and the Web Offering are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Web Offering, you represent and warrant that you are at least eighteen (18) years of age.
If you are visiting this Site or using the Web Offering from a country other than the United States, your communications with us may result in the transfer of information (including your registration or Personal information, as described below) across international boundaries. By visiting this Site, using the Web Offering, and/or communicating electronically with us, you consent to such transfers.
You agree that your use of the Site and the Web Offering, including any content you submit, will comply with these Terms of Service and all applicable local, state, national and international laws, rules and regulations. You agree that you will not impersonate another User or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, nor will you collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent. You agree you will not use this Site or the Services Web Offering in a manner (as determined by The Digital Hotelier in its sole and absolute discretion) that is illegal, infringing, defamatory, harassing, or abusive, that violates the privacy or publicity rights of another individual or any other third party, or that is otherwise objectionable. You will not use this Site or the Web Offering to send spam or other unsolicited bulk email, for computer or network hacking or cracking; or to transmit any viruses, worms, bugs, Trojan horses or other code; or files or programs designed to, or capable of, disrupting, damaging or limiting the functionality or security of the Site or the Web Offering. You will not copy or distribute in any medium any part of the Site or the Web Offering, except where expressly authorized by The Digital Hotelier. You will not access The Digital Hotelier’ Content through any technology or means other than through this Site or the Web Offering. You will not use this Site or the Web Offering for any commercial use without The Digital Hotelier’ express prior written consent.
The content on this Site and the Services, including without limitation the text (such as the articles found on our website or in our email newsletter), software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features; and the trademarks, service marks and logos contained therein (“The Digital Hotelier Content”), are owned by or licensed to The Digital Hotelier, and are subject to copyright, trademark, and/or patent protection in the United States and in other international jurisdictions, and The Digital Hotelier asserts any and all additional intellectual property rights under United States and international law. The Digital Hotelier’ Content is provided to you “as is”, “as available”, and “with all faults” for your information and personal, non-commercial use only. The Digital Hotelier’ Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of The Digital Hotelier. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these Terms of Service. The Digital Hotelier reserves all rights not expressly granted in and to The Digital Hotelier Content, this Site and the Web Offering, and these Terms of Service do not transfer ownership of any of these rights.
If you violate any part of these Terms of Service, your permission to access and/or use The Digital Hotelier Content and the Site, or the Web Offering automatically terminates and you must immediately destroy any copies you have made of The Digital Hotelier Content.
The trademarks, service marks, and logos of The Digital Hotelier (“The Digital Hotelier Trademarks”) used and displayed on the Site and the Web Offering are registered and unregistered trademarks or service marks of The Digital Hotelier. Other company, product, and service names located on the Site and the Web Offering may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with The Digital Hotelier Trademarks, the “Trademarks”). Nothing on the Site or the Web Offering should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of The Digital Hotelier Trademarks inures to our benefit.
The Site and the Web Offering have been specially designed to present The Digital Hotelier Content in a unique format and appearance. The Digital Hotelier is concerned about the integrity of The Digital Hotelier Content when viewed in a setting created by a third party that may include advertising or other materials that The Digital Hotelier has not authorized to be displayed with our content. Elements of the Site and the Web Offering are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. Neither you nor any third party shall make use of The Digital Hotelier Content in any manner that constitutes an infringement of our rights, including copyright, or that has not been authorized in writing by The Digital Hotelier.
This Site and the Web Offering may contain links to third-party websites that are not owned or controlled by The Digital Hotelier. These links are provided solely as a convenience to you and do not constitute an endorsement by The Digital Hotelier of the content on such websites nor of the business practices of those operating those websites. The Digital Hotelier has no control over and assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, The Digital Hotelier does not censor or edit the content of any third-party websites. By using this Site or the Web Offering, you expressly release The Digital Hotelier from any and all liability arising from your use of any third-party website. Accordingly, The Digital Hotelier encourages you to be aware when you leave this Site or the Web Offering and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
You agree to indemnify and hold harmless The Digital Hotelier, and its affiliates, and their respective directors, officers, managers, employees, shareholders, agents, and licensors, from and against all claims, demands, disputes, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or in relation to your breach of these Terms of Service or your misuse of the Site, the Web Offering, or The Digital Hotelier Content. The Digital Hotelier reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
THE SITE, THE WEB OFFERING, AND ALL The Digital Hotelier CONTENT IS AVAILABLE “AS IS.” The Digital Hotelier DOES NOT WARRANT THAT THE SITE, THE WEB OFFERING, OR ANY The Digital Hotelier CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SITE, THE WEB OFFERING, OR ANY The Digital Hotelier CONTENT.
WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE WITH RESPECT TO THE SITE, THE WEB OFFERING, ANY The Digital Hotelier CONTENT OR ANY INFORMATION THAT IS AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SITE, THE WEB OFFERING, OR ANY The Digital Hotelier CONTENT. WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF LEGAL OR OTHER PROFESSIONAL ADVICE THROUGH THE SITE, THE WEB OFFERING, OR ANY The Digital Hotelier CONTENT, AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF LEGAL, HUMAN RESOURCES, OR OTHER PROFESSIONAL INFORMATION THAT IS CONTAINED WITHIN THE SITE, THE WEB OFFERING, OR ANY The Digital Hotelier CONTENT. RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED IN THE WEB OFFERING, THE SITE, OR AVAILABLE THROUGH LINKS IN THE FOREGOING. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE, THE WEB OFFERING, AND ANY The Digital Hotelier CONTENT. WE DO NOT GUARANTEE OR WARRANT THAT THE WEB OFFERING, THE SITE, OR MATERIALS THAT MAY BE DOWNLOADED FROM THE FOREGOING DO NOT CONTAIN VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, The Digital Hotelier, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, AND LICENSORS: (I) SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE PLATFORM OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE, THE WEB OFFERING, OR ANY The Digital Hotelier CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE FOREGOING DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS ON WARRANTIES MAY NOT APPLY, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Except for (i) disputes arising from an alleged violation of intellectual property rights or breach of confidentiality for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and (ii) actions to enforce an arbitrator’s decision, for which action may be taken in any court of competent jurisdiction in Suffolk County, Commonwealth of Massachusetts, and in which, or any such action or proceeding that takes place relating to or arising out of these Terms of Service, you hereby waive the right to trial by jury and hereby waive all defenses of lack of personal jurisdiction and forum non conveniens in, all disputes arising out of or related to these Terms of Service, including the scope, the construction or application of these Terms of Service, shall be resolved by binding arbitration governed by the Federal Arbitration Act and in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Services (“JAMS”) then in force. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH DISPUTE IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. The arbitration hearings and all meetings pursuant to this section shall be held in Suffolk County, in the Commonwealth of Massachusetts. If the parties cannot agree upon a single arbitrator within twenty (20) calendar days after demand by either of them, each party shall select one arbitrator in Suffolk County, Massachusetts, and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators qualified by JAMS in Massachusetts. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in Massachusetts with knowledge relevant to the dispute shall be selected by JAMS to resolve the dispute. The arbitrator(s) shall conduct a hearing within sixty (60) days after their selection. A majority of the arbitrators (if there is more than one pursuant to this clause) shall determine the decision/award, which shall be rendered within ten (10) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys’ fees or arbitrators’ fees under this section.
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT any controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party, unless agreed to by The Digital Hotelier at its sole discretion.
Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits. These Terms of Service shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States of America, without regard to conflict of laws principles. The titles and headings of these Terms of Service are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. This section and the sections entitled Intellectual Property, Indemnity, Disclaimer of Warranties and Limitation of Liability, Binding Arbitration and Class Action Waiver shall survive the termination of these Terms of Service. Each covenant and agreement in these Terms of Service shall be construed for all purposes to be a separate and independent covenant or agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Service. These Terms of Service contain the entire agreement of the parties concerning the subject matter, and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. Nothing in the Terms of Service supersedes the terms of any Master Services Agreement, Referral Partner Agreement, the Referral Program Terms and Conditions, or any non-disclosure agreement between you and The Digital Hotelier.
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