|
BY USING THIS WEBSITE, YOU AGREE TO THE FOLLOWING TERMS OF USE.1. The Service The Service consists of a browser interface, data encryption, data transmission, data access (as available) and, if applicable, synchronization software and data storage. As used in this Agreement the terms "User" encompasses each valid account established pursuant to this Agreement including all direct employees of corporation and all designated permitted user account, whether direct employees or contractors of the User. The User shall be responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all third-party access charges (e.g., kiosk, ISP, telecommunications) incurred while using the Service. Lodging Logistics makes no guarantees as to the continuous availability of the Service or of any specific feature(s) of the Service. Lodging Logistics will inform the User of any significant changes to the Service or the terms and conditions of this Agreement that it may make from time to time. 2. Use of Proprietary Software Lodging Logistics grants to User subject to the terms and conditions of this Service Agreement, an individual, personal, non-sub licensable, non-exclusive and non-transferable license to use Lodging Logistics' proprietary Software ("Lodging Logistics Software"), in object code form only, and only in accordance with the applicable end user documentation, if any, and solely in conjunction with this Service Agreement. Neither User (and if User are a company, none of User’s employees) will, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Lodging Logistics Software; modify, translate, or create derivative works based on the Lodging Logistics Software; or rent, lease, distribute, sell, resell, assign, or otherwise transfer rights to the Lodging Logistics Software; use the Lodging Logistics Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels on the Lodging Logistics Software. Because the Lodging Logistics Software is proprietary, User agrees not to publish or disclose to third parties any evaluation of Lodging Logistics' Software without Lodging Logistics' prior written consent. User acknowledges that Lodging Logistics retains exclusive ownership throughout the world of all Lodging Logistics Software, any portions or copies thereof, and all rights therein. 3. Term and Termination Upon termination of this Service Agreement for any reason, this License will terminate, and User, and any user accessing the Service by means of a company account, if applicable, will cease to use or have access to the Lodging Logistics Software. Further, upon such termination, and at the request from the User, Lodging Logistics shall promptly deliver to the User all data, files, information and any physical information gathered on behalf of the User during the course of use of the proprietary Software. 4. Restrictions and Policies A. General Use. User will not use the Service in any way for spamming, chain letters, junk mail or distribution lists to contact any person who has not given specific permission to be included in such. User agrees not to transmit nor permit its employees to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. User will only use the Service for lawful purposes, in compliance with all applicable laws including, without limitations, copyright, trademark, obscenity and defamation laws. Unlawful activities may include (without limit) storing, distributing or transmitting any unlawful material, attempting to compromise the security of any networked account or site, or making direct threats of physical harm. User hereby agree to defend, indemnify and hold Lodging Logistics harmless against any claim or action that arises from use of the Service in an unlawful manner or in any manner inconsistent with the restrictions and policies stated herein. B. Privacy Policy and Confidentiality. It is Lodging Logistics' policy to respect the privacy of its users. Lodging Logistics provides information such as name, address, and billing information for tax purposes. Lodging Logistics will not share, rent, sell, or trade personal information (including e-mail addresses) that identifies our customers or users to third parties. Lodging Logistics will not share, rent, sell, or trade data contained in User’s account. However, Lodging Logistics may use this information to contact User to ensure that User are satisfied with Lodging Logistics products or services, learn about any ideas User may have to improve our offerings, call User’s attention to additional offerings or services provided by Lodging Logistics, and communicate other information that Lodging Logistics believes will be useful. In addition, Lodging Logistics may share e-mail address and other information required to ensure that Lodging Logistics channel partners and contractors can provide service and support to User. Lodging Logistics may occasionally ask User to provide demographic or personal preference data. If User elects to provide such data, Lodging Logistics may use them to analyze the characteristics of Lodging Logistics customers and visitors to the Lodging Logistics Web site. Lodging Logistics may also use such data to customize the specific information provided to User, or tailor it to better meet User’s needs. Lodging Logistics may share information aggregated from such data with third parties without notifying User. User and Account Data given to us are considered confidential. Lodging Logistics' privacy policy is subject only to Lodging Logistics' obligation to comply with applicable laws and lawful government requests, to operate its business properly, and to protect its users or itself. Lodging Logistics reserves the right to contact users of the Service via e-mail or other means to inform them of their account status or changes or alterations to the service, or to inform them about additional offerings or services being provided or contemplated. Users may at any time request that they not receive informational e-mail messages not related to their account activity or current use of the service by sending their name and address to NoEmail@LodgingLogistics.com. Lodging Logistics reserves the right at any time to change its privacy policy upon thirty (30) days notice to users, which notice may be sent by e-mail. C. Data Backup and Security. Lodging Logistics shall use all reasonable efforts to protect User’s data behind a secure firewall system, to conduct daily data backups, and to store weekly full-system backup in a separate, fire-safe facility. Lodging Logistics has implemented numerous security features to protect against loss, misuse, or unauthorized alteration of information maintained by Lodging Logistics. Please be advised, however, that the confidentiality of any communication or material transmitted to or from Lodging Logistics via this site or e-mail cannot be guaranteed. Accordingly, Lodging Logistics is not responsible for the security of information transmitted via the Internet. For more private communication, visitors to the site can contact Lodging Logistics by telephone at info@lodginglogistics.com. 5. Passwords and Security User will choose or be given all applicable passwords to use in connection with the Service. User is entirely responsible for maintaining the confidentiality of User’s passwords and account (including, if applicable, the passwords and accounts of each user accessing the Service by means of an account established by User). Furthermore, User is entirely responsible for any and all activities that occur under User’s account (including, if applicable, the accounts of each user accessing the Service by means of an account established by User), and User shall ensure proper exit from User’s account at the end of each session. User shall notify Lodging Logistics immediately of any unauthorized use of User’s account (including, if applicable, the passwords and accounts of each user accessing the Service by means of an account established by User) or any other breach of security. Lodging Logistics cannot and will not be liable for any loss or damage arising from User’s failure to comply with these requirements. 6. Warranties and Disclaimer THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND LODGING LOGISTICS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO USER. LODGING LOGISTICS DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR RISK AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR NETWORK, OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICE. 7. Limitation of Liability LODGING LOGISTICS' TOTAL LIABILITY WITH RESPECT TO THE SUBJECT MATTER OF THIS SERVICE AGREEMENT (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL BE LIMITED TO THE FEES PAID BY USER TO LODGING LOGISTICS FOR THE SERVICE UNDER THIS SERVICE AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT OF INJURY THAT GAVE RISE TO THE LIABILITY. NEITHER LODGING LOGISTICS NOR ITS LICENSORS SHALL BE LIABLE IN ANY EVENT FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE COST OF ANY SUBSTITUTE PROCUREMENT), WHETHER OR NOT FORESEEABLE AND EVEN IF LODGING LOGISTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8. Third Party Linking Lodging Logistics may, at its election, provide links from the Service to other World Wide Web sites or resources. Because Lodging Logistics has no control over such sites and resources, User acknowledge and agree that Lodging Logistics 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. User further acknowledge and agree that Lodging Logistics 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. 9. Miscellaneous This Agreement is between Lodging Logistics and User, and is not for the benefit of any third party, whether directly or indirectly (including, if applicable, any user accessing the Service by means of an account established by User). The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Lodging Logistics' prior written consent. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO THE CONFLICT OF LAWS PROVISIONS THEREOF. USER AND LODGING LOGISTICS AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN THE COUNTY OF FORT BEND IN THE STATE OF TEXAS. USER and Lodging Logistics agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous or contemporaneous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User do not have any authority of any kind to bind Lodging Logistics in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. |