Terms of Service | | HOTEL TECH REPORT TERMS OF USE | Last Updated: APRIL 20, 2017 | The mission of Hotel Tech Report is to connect buyers and sellers of business services. To achieve our mission, Hotel Tech Report’s website assists buyers in identifying prospective service providers, including by providing reviews of such companies.  We also assist service providers in marketing their companies and services. The terms “we”, “us”, “our” refer to Hotel Tech Report. The term “you”, “users”, “buyers” or “service provides” refers to users who visit the Hotel Tech Report website (“Website”) and/or contribute content to Hotel Tech Report via the Website, email, telephone, or otherwise. BEFORE USING HOTEL TECH REPORT’S SERVICES READ THIS TERMS OF USE (“TERMS”) CAREFULLY. IT IS A LEGAL CONTRACT GOVERNING YOUR USE OF HOTEL TECH REPORT’S WEBSITE AND SERVICES, INCLUDING UPGRADES THERETO AND MATERIALS MADE AVAILABLE THEREIN.  BY USING THE HOTEL TECH REPORT WEBSITE, REGISTERING ON HOTEL TECH REPORT, OBTAINING INFORMATION FROM HOTEL TECH REPORT SUCH AS RESEARCH PUBLICATIONS, USING THE HOTEL TECH REPORT API OR MOBILE APPLICATION, CONTRIBUTING CONTENT TO HOTEL TECH REPORT BY ANY CHANNEL INCLUDING BY POSTING INFORMATION ON THE WEBSITE, RESPONDING TO A SURVEY, SUBMITTING AN EMAIL, OR PARTICIPATING IN A TELEPHONE INTERVIEW(COLLECTIVELY “HOTEL TECH REPORT” OR THE “SERVICES”), YOU, YOUR HEIRS, AND ASSIGNS (COLLECTIVELY, “YOU” OR “YOUR”) AGREE TO BE BOUND BY THESE TERMS, HOTEL TECH REPORT’S PRIVACY POLICY, HOTEL TECH REPORT’S REVIEW GUIDELINES, AND ANY APPLICABLE HOTEL TECH REPORT INVOICE(S) (“INVOICE”) (COLLECTIVELY, THE “TERMS”). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to the Terms. In that case, the terms “you” or “your” shall also refer to such entity, and its affiliates, as applicable. If you do not have such authority, or you do not accept all of these Terms, do not use the Services or provide information to Hotel Tech Report. Be sure to return to this page periodically to review the most current version of the Terms. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Terms without prior notice, and your continued access to or use of the Services signifies your acceptance of the updated or modified Terms. We retain the right at our sole discretion to deny access to anyone to the Services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms. Eligibility  You must be 18 years of age or older in order to use the Services, including to register for an account, use the Website or submit reviews or other User Content (defined below). Account Registration As part of your use of the Services, you may have the opportunity to create a Hotel Tech Report account.  You are responsible for your account and agree to provide, upon registration, and at all times maintain, accurate, current, and complete information. Hotel Tech Report reserves the right, in its sole discretion, to refuse to keep accounts for, or provide Services to, any individual. Hotel Tech Report reserves the right to suspend or terminate your account if any information provided during the registration process or at other times proves to be inaccurate, not current or incomplete. You are responsible for ensuring the confidentiality and security of your account information, including your username and password. You will immediately notify Hotel Tech Report of any unauthorized use of your account.  Hotel Tech Report cannot and will not be liable for any loss or damage arising from your failure to properly comply with this section. Your Use of the Services. As a condition of your use of the Services, you agree to do the following:
  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, tax laws, and regulatory requirements;
  • Provide accurate information to us and update it as necessary; and
  • Review and comply with notices sent by Hotel Tech Report concerning the Services.
User Content  Your Responsibility For the Content You Submit  The Services may enable you to provide, submit, post, upload, or otherwise make available via the Website, email, telephone, online survey, or otherwise (collectively, “submit”) content such as reviews, comments, messages, and other content (collectively, “User Content”) that may or may not be viewable by other users. You acknowledge and agree that you are solely responsible for all User Content you submit. Once User Content is submitted, it cannot be withdrawn.  Any User Content you submit must be accurate and up to date.  You agree that you have all required rights to submit, use, or disseminate such User Content without violating any third party rights. You assume all risk for any User Content you submit, including anyone’s reliance upon such User Content. You may expose yourself to liability if you submit user content that is false, misleading, defamatory, violates any third-party right or contractual restriction or contains unlawful material. You agree that you will indemnify, defend, and hold harmless Hotel Tech Report for all claims resulting from User Content that you submit, including but not limited to claims alleging defamation. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses. You further acknowledge and agree that we reserve the right, in our sole discretion, to reject, move, edit, or remove any User Content that is contributed to the Services for any reason or no reason, but we do not assume the obligation.  For example, we may remove a review if we, in our sole discretion, believe it violations our Review Guidelines.  Hotel Tech Report has no obligation to retain or provide you copies of the User Content. Your Risk in Using User Content You acknowledge and agree that we do not verify, adopt, ratify, or sanction User Content and that you must evaluate and bear all risks associated with your use of or reliance on User Content.  Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise and any ranking on the Services does not constitute or imply endorsement or recommendation thereof by Hotel Tech Report.  User Content and rankings consist of the opinions of third parties and may contain inaccuracies.  Hotel Tech Report makes no assurances regarding the quality, accuracy, or reliability of any User Content or rankings on the Services.  You also understand that by using the Services, you may be exposed to User Content that you may consider offensive or objectionable. From time to time, Hotel Tech Report may provide incentives to encourage users to submit reviews. Any such incentives are not dependent on whether the review is positive or negative. Hotel Tech Report is under no obligation to enforce the Terms on your behalf.  You may notify Hotel Tech Report if you believe another user has violated the Terms; however, Hotel Tech Report reserves the right, in its sole discretion to investigate violations of and enforce the Terms. Hotel Tech Report’s License to User Content When you submit User Content on or through your use of the Services, you grant us a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, transferrable and sublicense-able license, subject to these Terms, to use the User Content for any purpose, including to use, publish, reformat, copy, distribute, reproduce, modify, edit, adapt, publicly perform, translate, and create derivative works from such User Content, in whole or in part, in any format or medium now known or developed in the future, including without limitation for providing, promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels, without any further consent, notice and/or compensation to you or to any third parties. Hotel Tech Report and its licensees may publicly display advertisements and other information adjacent to or included with User Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. Feedback Any and all of your feedback about the Services, such as suggestions for corrections, updates, alterations, changes, or modifications to the Services will be the property of Hotel Tech Report and you hereby assign any rights in such feedback to Hotel Tech Report, without payment to you. Prohibited Activities In using the Services, you agree you will not, nor will you assist or encourage others to:
  • Violate our Review Guidelines, by for example, submitting any inaccurate, fake, false, or defamatory information in your company profile, reviews, comments, or any User Content;
  • Provide compensation or receive compensation in exchange for writing or requesting the removal of content, except for incentivized reviews that comply with our Review Guidelines. This includes blackmailing, or threatening to leave negative reviews unless certain demands are met;
  • Submit, email, transmit, or otherwise make available or initiate any content that:
    • Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
    • Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • Infringes upon patents, trademarks, trade secrets, copyrights, privacy rights, rights of publicity, or any other intellectual or proprietary rights;
    • Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
    • Contains software viruses, worms, or any other computer code, files or programs that could interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Hotel Tech Report or any user of Hotel Tech Report;
  • Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Hotel Tech Report (excluding User Content submitted by you) except as permitted in these Terms, or as expressly authorized by Hotel Tech Report;
  • Remove or modify any copyright, trademark, or other proprietary rights notice that appears on the Services;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any underlying intellectual property used to provide the Services, or any part thereof;
  • Utilize or copy information, content or any data you view on or obtain from Hotel Tech Report to provide any service that is competitive, in Hotel Tech Report's sole discretion, with Hotel Tech Report or to create a searchable database of reviews or content available on Hotel Tech Report;
  • Collect, use, copy, download, or transfer any information, including, but not limited to, personal information obtained from Hotel Tech Report except as expressly permitted in these Terms or as the owner of such information may expressly permit;
  • Record, process or mine information about other users;
  • Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” “spider,” or index any web pages or any other portion of the Services;
  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Hotel Tech Report's Services or content except as expressly permitted by Hotel Tech Report (such as through an approved Hotel Tech Report API);
  • Attempt to or actually override any security component included in or underlying Hotel Tech Report;
  • Attempt to gain unauthorized access to the Services, user accounts, or Hotel Tech Report systems or networks through hacking, password mining or other means;
  • Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Hotel Tech Report’s infrastructure;
  • Post reviews on services or products offered by your current employer or by direct competitors of your current employer’s services or products, or on any products or services for which you have a conflict of interest;
  • Threaten, harm, or harass others, and/or
  • Log in using an alias that masks your true identity.
Ownership and Intellectual Property As between you and Hotel Tech Report, you own the User Content you submit.  Hotel Tech Report owns all content other than User Content, including all features, graphics, design, code, compilation of User Content, Website, aggregate reviews and ratings, and all other components of the Services. The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Hotel Tech Report and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. All trademarks, service marks, logos, trade names and any other proprietary designations of Hotel Tech Report used herein are trademarks or registered trademarks of Hotel Tech Report and may not be copied, imitated or used, in whole or in part, without the prior written permission of Hotel Tech Report. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Copyright Policy Hotel Tech Report respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that User Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding User Content appearing on the Service is: Hotel Tech Report Email: info@hoteltechreport.com Please note that we will send a copy of your notice to the person who provided the allegedly illegal content and a link to your published notice may be displayed on Hotel Tech Report in place of the removed content. We reserve the right to remove User Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a user's account if the user is determined to be a repeat infringer.. Disclaimer TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE PROVIDE THE SERVICES AND ALL INFORMATION CONTAINED THEREIN ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. HOTEL TECH REPORT MAKES NO CLAIMS WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE COMPANIES REVIEWED ON THE SERVICES.  HOTEL TECH REPORT DOES NOT ENDORSE ANY COMPANY, VENDOR, SERVICE OR PRODUCT DEPICTED IN THE SERVICES AND DOES NOT ADVISE USERS TO SELECT ANY PARTICULAR COMPANY ON THE BASIS OF ITS REVIEWS OR RATINGS. REVIEWS ON THE SERVICES CONSIST OF THE OPINIONS OF THE REVIEWERS AND SHOULD NOT BE CONSTRUED AS STATEMENTS OF FACT. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS OF QUALITY, ACCURACY, OR RELIABILITY OF USER CONTENT. YOUR PURCHSE OR USE OF, AND THE QUALITY AND PERFORMANCE OF, ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES REVIEWED ON THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. HOTEL TECH REPORT DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THE SERVICES MAY INCLUDE INACCURACIES OR ERRORS. HOTEL TECH REPORT DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES IN THE SERVICES OR IN THE INFORMATION IN OR DESCRIPTION OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, COMPANY PROFILES, PORTFOIO IMAGES AND DESCRIPTIONS, REVIEWS, DIRECTORY AND RESEARCH DATA, ETC.). HOTEL TECH REPORT MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SERVICES OR ANY INFORMATION CONTAINED THEREIN FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY INFORMATION ABOUT A PRODUCT OR SERVICE OR COMPANY OTHER THAN HOTEL TECH REPORT  DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY HOTEL TECH REPORT. IF YOU ARE DISSATISFIED OR HARMED BY HOTEL TECH REPORT OR ANYTHING RELATED TO HOTEL TECH REPORT, YOU MAY CLOSE YOUR HOTEL TECH REPORT ACCOUNT, STOP USING THE SERVICES, AND TERMINATE THESE TERMS AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. HOTEL TECH REPORT DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. HOTEL TECH REPORT DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, HOTEL TECH REPORT DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Limitation of Liability  TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HOTEL TECH REPORT BE LIABLE TO YOU OR ANY THIRD PARTY FOR PERSONAL INJURY, PROPERTY DAMAGE, ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR DEVICE FAILURE OR MALFUNCTION, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF HOTEL TECH REPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES GIVING RISE TO SUCH CLAIM IN THE CALENDAR YEAR IN WHICH SUCH CLAIM AROSE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Indemnification You agree to indemnify, defend, and hold Hotel Tech Report harmless from and against any and all third party claims, liabilities, demands, settlements, damages, losses, and expenses of any kind (including, but not limited to, reasonable attorneys’ fees and costs) arising out or relating in any way to (1) your failure to comply with these Terms, including, without limitation, your submission of User Content or (2) your use of the Services or any activity in which you engage on or through Hotel Tech Report. Choice of Law  These Terms or any claim, cause of action or dispute (“claim”) arising out of or related to the Terms shall be governed by the laws of California regardless of your country of origin or where you access Hotel Tech Report, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Hotel Tech Report agree that all claims arising out of or related to these Terms must be resolved exclusively by a state or federal court located in Los Angeles, CA, except as otherwise agreed by the parties. Links to Third-Party Sites Hotel Tech Report includes links to third party websites . You are responsible for evaluating whether you want to access or use a third party site. Hotel Tech Report is not responsible for and does not endorse any content, services, products or other materials on or available from third party sites. Accordingly, if you decide to use third party sites you do so at your own risk and your use is on an “as-is” basis.  Hotel Tech Report 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 your use of or reliance on any linked websites.   These Terms do not apply to your use of any third party site.  The third-party websites may have their own Terms of Service and Privacy Policy to which you may be bound. General Entire Agreement & Severability You agree that these Terms constitute the entire, complete and exclusive agreement between you and Hotel Tech Report regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms. If any provision of the Terms is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected in any way. Waiver of Rights and Injunction  Our failure to act with respect to a breach of the Terms by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions shall be deemed legally binding unless documented in a physical writing hand signed by a duly appointed officer of Hotel Tech Report. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services. Assignment of Rights You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Terms, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Hotel Tech Report for any third party that assumes our rights and obligations under the Terms. Service Help For answers to your questions, call us or email us at info@hoteltechreport.com.