TERMS OF SERVICE
CloudHotelier terms & conditions, established by service provider CLICKMENORCA, S.L.N.E., VAT ID ESB65100299, C. Còrsega 220 3-1, 08036 Barcelona, Spain (ES-EUROPE)
1. ACCEPTANCE OF TERMS
Thank you for using CloudHotelier's innovative platform for your hotel's digital marketing. CloudHotelier provides the CloudHotelier service to you, subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on www.CloudHotelier.com or any other websites launched by CloudHotelier (collectively, the "CloudHotelier Site") by CloudHotelier (collectively, these "Terms").
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT ACCESS THE CLOUDHOTELIER SITE OR USE THE SERVICE (AS DEFINED BELOW). BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE OR THE CLOUDHOTELIER SITE, OR DOWNLOADING ANY MATERIALS OR BY COMPLETING ANY REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS.
We reserve the right to modify these Terms at any time by posting a notice on the CloudHotelier Site, or by sending you a notice via email or postal mail. Your viewing or using all or any part of the Service or the CloudHotelier Site constitutes your assent to such modifications. You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective immediately upon first posting or notification.
2. PURCHASED SERVICES
CloudHotelier provides users with access to a rich collection of digital marketing resources, including without limitation online reservation system integrated with your hotel's website, easy-to-build-and-manage website, mobile services, social media marketing services, etc. (collectively, the "Service"). The Services are offered in the product and price bundles set forth on CloudHotelier Site (as updated from time to time) and incorporated by reference into this Agreement. Unless explicitly stated otherwise, any new features that enhance the current Service shall be subject to these Terms. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
For purposes of these Terms, the term "hotel or customer" means a hotel user of the CloudHotelier platform or the CloudHotelier Site. For purposes of these Terms, the term "guest" means a potential or actual guest of the hotel that uses the CloudHotelier platform or CloudHotelier Site. Subject to these Terms, CloudHotelier hereby grants to you and you hereby accept from CloudHotelier, a non-exclusive, revocable, and nontransferable license to access and use the Services via the Internet. CloudHotelier does not control the Content posted by third parties via the Service, including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content.
YOU UNDERSTAND THAT BY USING THE SERVICE YOU MAY BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL CLOUDHOTELIER BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT. YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL LAWS APPLICABLE TO THE CONTENT YOU SUBMIT VIA THE SERVICE. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE CONTENT, INTEGRITY, AND ACCURACY OF SUCH CONTENT.
CloudHotelier reserves all rights with respect to the Service and the CloudHotelier Site not expressly specified herein. You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a member of CloudHotelier or use the CloudHotelier Site and the Service. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms. If you do not so qualify, do not use the Service or the CloudHotelier Site. Membership in the Service is void where prohibited by applicable law, and the right to access the CloudHotelier Site is revoked in such jurisdictions. You must be 13 years of age or older to access the CloudHotelier Site, in compliance with the Children's Online Privacy Protection Act (COPPA). By using the CloudHotelier Site and/or the Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. The CloudHotelier Site is administered in European Union (EU) and intended for Eurpoean users; any use outside of European Union is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the Service or the CloudHotelier Site.
3. TRIAL SERVICES
We will make one or more Services available to You on a trial basis free of charge until the earlier of (a) the end of the free trial period for which you registered or are registering to use the applicable Service or (b) the start date of any Purchased Services ordered by You. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
ANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. YOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ULTRA EDITION TO PRO EDITION OR FROM PRO EDITION TO CORE EDITION); THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST RETRIEVE YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST.
NOTWITHSTANDING SECTION 9 (WARRANTIES & DISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED WITHOUT ANY WARRANTY.
Please review the User Guide during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase.
4. USE OF SERVICES
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not CloudHotelier, are entirely responsible for all Content that you upload, post, or otherwise transmit via the Service. This also means that you are entirely responsible for, among other things, (a) ensuring that you have all obtained all necessary legal rights to upload, post, or otherwise transmit Content via the Service (and to grant CloudHotelier the license to such Content set forth in Section 7 below), and (b) that any Content that you upload, post, or otherwise transmit via the Service complies in all respects with the Terms. CloudHotelier does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content, including but not limited to business endorsements and commentary. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable.
In your use of the Service or the CloudHotelier Site, you agree not to:
Upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
Harm minors in any way, or seek or recommend providers of material that exploits people under the age of 18 in a sexual or violent manner, or seek or recommend providers that solicit personal information from anyone under 18;
Post information that is pornographic or sexually explicit in nature;
Post false or intentionally misleading information;
Provide any posted Content that falsely expresses or implies that such Content or material is sponsored or endorsed by CloudHotelier;
Provide any posted Content that is unlawful or that promotes or encourages illegal activity;
Impersonate any person or entity, including, but not limited to, a CloudHotelier official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
Upload, post, or otherwise transmit any Content that you do not have a legal right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, trade secret, or other proprietary rights of any party, or remove any copyright, trademark, or other proprietary rights notice contained in the CloudHotelier Site, the Service, or in any Content;
Upload, post, or otherwise transmit any material that contains software viruses, worms, defects, Trojan Horses or any other computer code, files, or programs of a destructive nature designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt the Service or the CloudHotelier Site or servers or networks connected to the Service, use any device, software, or routine that interferes with the proper working of the Service or the CloudHotelier Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
Intentionally or unintentionally violate any applicable local, state, national, international law, or any regulations having the force of law;
"Stalk" or otherwise harass another user, guest, hotel, or merchant;
Collect, harvest, or store personal data about users, or members for any reason other than to solicit and share reviews or to gain more information about a customer for the sole purpose of delivering your hotel services they have requested;
Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the CloudHotelier Site and/or Service;
Create or submit unwanted email or messaging ("Spam") to any other CloudHotelier user or otherwise interfere with the enjoyment of other Members or Users of the CloudHotelier Site or the Service;
Modify, adapt, sublicense, translate, sell, decompile, disassemble, or reverse Starterer any portion of the CloudHotelier Site and/or the Service;
Access, retrieve, or index any portion of the CloudHotelier Site and/or Service for purposes of constructing or populating a searchable database of business reviews;
Reformat or frame any portion of the web pages that are part of the CloudHotelier Site and/or Service;
Create user accounts by automated means or under false or fraudulent pretenses;
Use of the CloudHotelier Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, or take any action that imposes or may impose, in CloudHotelier's sole discretion, an unreasonable or disproportionately large load on CloudHotelier?s IT infrastructure; or Copy or store any Content offered on the CloudHotelier Site for other than your own use;
You understand and agree that CloudHotelier may review and delete any business listings (including business name, address, phone, fax, distance, reviews, rating) or other posted Content that in the sole judgment of CloudHotelier violates these Terms or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the CloudHotelier Site and/or other website users. You are solely responsible for your ratings and reviews of businesses listed on CloudHotelier. CloudHotelier reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed.
In addition, you agree that all hyperlinks and other offers comprising the Service (e.g., hyperlinks provided in connection with CloudHotelier's RSS feeds) may not be modified from the original form in which such hyperlinks and other offers are generally made available by CloudHotelier.
In consideration of use of the Service and the CloudHotelier Site, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or CloudHotelier has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, CloudHotelier has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Additionally, you agree that if you provide false information to obtain access to a CloudHotelier business site that you are not legally entitled to claim, CloudHotelier will be entitled to collect liquidated damages of 1.000 EUR per violation or actual damages incurred by CloudHotelier from you. You understand and agree that the Service may include certain communications from CloudHotelier, such as service announcements, administrative messages, and the CloudHotelier Newsletter, and that these communications are considered part of CloudHotelier membership and (except as prohibited by applicable law) you will not be able to opt out of receiving them.
Systematic retrieval of data or other Content from the CloudHotelier Site to create or compile, directly or indirectly, a collection, database or directory without written permission from CloudHotelier is prohibited. Any third party that contacts our users for commercial reasons, including to sell them products or services, is in violation of these terms and each individual violation is subject to 3.000 EUR in penalties per instance. Reproducing, copying, or distributing any Content, materials, or design elements on the CloudHotelier Site for any use or purpose not expressly permitted by these Terms is strictly prohibited without the express prior written permission of CloudHotelier.
5. PROMOTION PRICING
If you as a merchant use the promotional pricing feature to provide consumers with deals through the CloudHotelier Site and platform, you represent and warrant to CloudHotelier that you have authority to offer such a deal and promise to honor the terms of that deal as they are presented to the consumer through the CloudHotelier Site and platform. Without limitation of other representations, warrants, and indemnities elsewhere within these Terms, you specifically agree to indemnify CloudHotelier against any claims by users of the service that the terms of a coupon or other offered deal were not honored.
6. FEES & PAYMENTS FOR PURCHASED SERVICES
All subscriptions will be paid in EUR (Euros).
A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
If you are a hotel/developer and sign up for a product, you may cancel prior to the processing of your invoice on a mutually agreed upon billing day.
Downgrading your plan may cause the loss of Content, features, or capacity of your account. CloudHotelier does not accept any liability for such loss.
You must be 18 years old to open an account.
You must be a human to open an account. Accounts registered by "bots" or other automated methods are prohibited.
Cancellation and termination everything is fine for things going forward-Cancellation and termination
You are solely responsible for properly canceling your account.
If you cancel the product (as described on the CloudHotelier site) before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. CloudHotelier, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other CloudHotelier service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account. CloudHotelier reserves the right to refuse service to anyone for any reason at any time.
Modifications to the service and prices
CloudHotelier reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently any product (as described on the CloudHotelier site), the Service (or any part thereof) with or without notice.
Prices are subject to change upon thirty (30) days notice from us. Such notice may be provided at any time by posting the changes to the CloudHotelier Site or the Service itself.
CloudHotelier shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the the Service. You agree that CloudHotelier may, in its sole discretion and without notice, terminate your password, your use of the Service, the CloudHotelier Site or use of any other aspect of the Service, and remove and discard any Content within the Service or the CloudHotelier Site, for any reason, including, without limitation, for lack of use or if CloudHotelier believes that you have violated or acted inconsistently with the letter or spirit of these Terms. CloudHotelier may also, in its sole discretion and at any time, discontinue providing or modify the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and you acknowledge and agree that CloudHotelier may immediately deactivate or delete your pages on the CloudHotelier Site and all related information and files in your pages on the CloudHotelier Site and/or bar any further access to such files or the Service. Further, you agree that CloudHotelier shall not be liable to you or any third-party for any modification of the Service termination of your access to the Service.
All payments will be made in EUR Euros. Whenever you enter into a payments transaction on the CloudHotelier Site, you agree to provide CloudHotelier with accurate, complete, and current credit card information for a credit card that you are authorized to use. You agree that all transactions are non-cancelable and non-refundable except as expressly set forth below in this Section 9.
7. PROPRIETARY RIGHTS
CloudHotelier does not claim ownership of the Content you place on your CloudHotelier Site. By uploading, submitting or otherwise disclosing or distributing content of any kind on the CloudHotelier Site or otherwise through the Service, you: Grant to CloudHotelier, its affiliates and their assignees the perpetual, irrevocable, fully assignable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of, and otherwise exploit such Content in any form for the purpose of providing the Services, including without limitation, any concepts, ideas, or know-how embodied therein;
Represent and warrant to CloudHotelier that you own or otherwise control all rights to such Content (including the ability to grant CloudHotelier this license) and that disclosure and use of such Content by CloudHotelier (including without limitation, publishing Content at the CloudHotelier website) will not infringe or violate the rights of any third party; and Acknowledge that the Content may not be treated confidentially.
You agree not to provide CloudHotelier with any confidential or proprietary information that you desire or are required to keep secret.
You acknowledge that CloudHotelier does not pre-screen Content, but that CloudHotelier and its designees shall have the right (but not the obligation) in their sole discretion to remove or block access to any Content that is available via the Service. Without limiting the foregoing, CloudHotelier and its designees shall have the right to remove any Content that violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
9. WARRANTIES & DISCLAIMERS
You expressly understand and agree that:
Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. CloudHotelier expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
CloudHotelier makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from CloudHotelier or through or from the service shall create any warranty not expressly stated in the terms.
Readers are advised that CloudHotelier does not warrant the services provided by any service provider listed on the CloudHotelier site. It is up to the parties involved to choose the provider best suited for each customer. CloudHotelier is not involved in the selection process.
YOU SHOULD VERIFY ALL CLAIMS AND DO YOUR OWN RESEARCH BEFORE CHOOSING A SERVICE FROM A PROVIDER IN CLOUDHOTELIER NEWSLETTER OR THE CLOUDHOTELIER SITE.
10. LIMITATION OF LIABILITY
In no event shall CloudHotelier (or its affiliates, licensors, or suppliers) be liable concerning the subject matter of these terms, regardless of the form of any claim or action (whether in contract, negligence, strict liability, or otherwise), for any (a) matter beyond its reasonable control, (b) loss or inaccuracy of data, loss, or interruption of use, or cost of procuring substitute technology, goods or services, (c) direct or indirect, punitive, incidental, reliance, special, exemplary, or consequential damages including, but not limited to, loss of business, revenues, profits, or goodwill, or (d) amounts in the aggregate greater than ten euros (€10), even if CloudHotelier has been advised of the possibility of such damages. These limitations are independent from all other provisions of this agreement and shall apply notwithstanding the failure of any remedy provided herein.
We do not conduct background checks or otherwise screen the members registering to the service in any way. As a result, we will not be liable for any damages, direct, indirect, incidental, and/or consequential, arising out of or in connection with the use of this service, including, without limitation, damages arising out of communicating and/or meeting with other members of the service, or individuals introduced to you via the service. Such damages include, without limitation, physical damages, bodily injury, and or emotional distress and discomfort. Users assume all risk of such damages, if any, that occur as a result of such damages meeting with other members of the service or the CloudHotelier site or individuals introduced to you via the service or the CloudHotelier site for any reason, including, but not limited to weather, condition of premises, negligent, grossly negligent, reckless, or intentional acts or omissions of members of the service, individuals introduced to you via the service or the CloudHotelier site, or other third parties.
You agree to indemnify and hold CloudHotelier, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) Content posted, uploaded, or otherwise transferred by you, (b) your use of the Service, (c) your connection to the Service, (d) your violation of these Terms, or (d) your violation of any rights of another.
11. COPYRIGHT DISPUTE POLICY
CloudHotelier has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at: http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of CloudHotelier's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.
It is CloudHotelier's policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements
If you believe that material or Content residing on or accessible through the CloudHotelier Site or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; Identification of works or materials being infringed; Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that CloudHotelier is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, email address;
A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and 6.
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Upon Receipt of a Bona Fide Infringement Notification Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is CloudHotelier's policy:
to remove or disable access to the infringing material;
to notify the Content provider, member or user that it has removed or disabled access to the material; and that for repeat offenders, CloudHotelier will also terminate such Content provider's, member's or user's access to the service.
Procedure to Supply a Counter-Notice to the Designated Agent If the Content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the Content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled; A statement that the Content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and The Content provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which CloudHotelier is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. Removal If a counter-notice is received by the Designated Agent, CloudHotelier may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed material may be replaced or access to it restored in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at CloudHotelier's discretion. Address for Designated Agent. Please contact CloudHotelier's Designated Agent to Receive Notification of Claimed Infringement at the following address:
12. GENERAL PROVISIONS
These Terms (and the documents incorporated by reference herein) constitute the entire agreement between you and CloudHotelier and govern your use of the Service, superseding any prior agreements between you and CloudHotelier (including, but not limited to, any prior versions of these Terms). These Terms and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with CloudHotelier's prior written consent. CloudHotelier may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. You also may be subject to additional terms and conditions that may apply when you use affiliate or other CloudHotelier services, third-party Content or third-party software. These Terms and the relationship between you and CloudHotelier shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and CloudHotelier agree to submit to the personal and exclusive jurisdiction of the courts located within Seattle, Washington. The failure of CloudHotelier to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect.
ADVERTISEMENTS, SURVEYS, MARKETING COMMUNICATIONS, ETC.
CloudHotelier runs advertisements, promotions, surveys, case studies, press releases, and other marketing communications on the CloudHotelier Site. By creating your pages on the CloudHotelier Site, you agree that CloudHotelier has the right to run such advertisements and promotions. The manner, mode and extent of advertising by CloudHotelier on your CloudHotelier Site are subject to change in the sole discretion of CloudHotelier.
COUPONS, DEALS, AND PROMOTIONS
Your correspondence or business dealings with, or participation in promotions of, merchants or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant or advertiser. YOU AGREE THAT CloudHotelier WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
The Service and the CloudHotelier Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because CloudHotelier has no control over such sites and resources, you acknowledge and agree that CloudHotelier is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT CloudHotelier SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the CloudHotelier Service, such activity is solely between you and the applicable third party. CloudHotelier shall have no liability, obligation or responsibility for any such activity. You hereby release CloudHotelier from all claims arising from such activity.
TRADEMARKS AND COPYRIGHTS
CloudHotelier, the CloudHotelier logo, and the "Digital Marketing Solution for Your Hotel" tagline are proprietary service marks of CloudHotelier, Inc. All rights reserved. ©2011-2012 CloudHotelier, Inc. All rights reserved. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN THE USER AND CLOUDHOTELIER AND/OR ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, OR OTHER REPRESENTATIVES, WHETHER SOUNDING IN CONTRACT, STATUTE OR TORT, INCLUDING FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF THE DATE OF ACCRUAL OF SUCH CLAIM, CONTROVERSY, OR DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION. THE FEDERAL ARBITRATION ACT, NOT STATE LAW, GOVERNS THE QUESTION OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION. HOWEVER, NOTHING CONTAINED IN THIS ARBITRATION PROVISION SHALL PRECLUDE THE CUSTOMER FROM RESOLVING ANY CLAIM, CONTROVERSY OR DISPUTE IN SMALL CLAIMS COURT HE OR SHE WOULD OTHERWISE WOULD HAVE A RIGHT TO PURSUE.
A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitrator will be selected in accordance to the rules of JAMS or may be selected by agreement of the parties, who shall cooperate in good faith to select the arbitrator. The arbitration will be conducted by, and under the then applicable rules of the JAMS. Any required hearing fees and costs shall be paid by the parties as required by applicable rules or as required by applicable law, but the arbitrator shall have the power to apportion such costs as the arbitrator deems appropriate.
THE ARBITRATOR'S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT WITH JURISDICTION. TO ENFORCE THE ARBITRATION AWARD, THE PREVAILING PARTY IN THE ARBITRATION SHALL BE ENTITLED TO INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION.
If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including attorney fees.
THIS AGREEMENT IS GOVERNED BY AND MUST BE CONSTRUED UNDER THE LAWS OF THE STATE OF WASHINGTON, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES AND YOU AGREE TO SUBMIT YOURSELF TO THE PERSONAL JURISDICTION OF THE COURTS IN THE STATE OF WASHINGTON.
BREACH OF TERMS OF SERVICE
By using the CloudHotelier Site and the Service, you agree that damages shall be an inadequate remedy in the event you breach these Terms and any such breach will cause CloudHotelier great and irreparable injury and damage. Accordingly, you agree that CloudHotelier shall be entitled, without waiving any additional rights or remedies otherwise available to CloudHotelier at law or in equity or by statute, to injunctive relief in the event of a breach or intended or threatened breach by you.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the CloudHotelier Site.