Terms of Service
Agreement Regarding Terms of Service
Last Updated on October 5, 2009
- Terms of Acceptance
- Services Provided by Horwath HTL
Horwath HTL provides users with access to a number of internet resources, including consulting services and other specialized content (collectively, the “Content”), as well as opportunities to post information, data, messages and other materials on hotel investment and related subjects on or through the Site (all of the foregoing, including the Content, the “Services”). Any new features that augment or enhance the Services made available through the Site shall be subject to the then-current Agreement unless explicitly stated otherwise.
- Rules of Conduct
You will comply with all applicable laws, rules and regulations while using the Site and/or any Service. Horwath HTL also expects users of the Site and any Service to respect the rights of other individuals or groups, and your use thereof is conditioned on your compliance with the following Rules of Conduct.You will not:
- Alter or post on the Site, transmit, or otherwise make available anything that is or may be (i) protected by copyright, trademark, trade secret, right of publicity, or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity, or other proprietary right; (ii) fraudulent or tortious (iii) defamatory (iv) threatening, harassing, degrading, hateful, or intimidating; or (v) pornographic, indecent, obscene, lewd or otherwise objectionable.
- Make available by posting, transmitting or otherwise any virus, worm, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment.
- Prohibit, limit or restrict any other user from using the Site, including by means of hacking or defacing any portion of the Site.
- Use the Site for any illegal purpose; or post, transmit, or otherwise make available any material which would give rise to criminal or civil liability, which encourages conduct that constitutes a criminal offense, or which encourages or provides instructional information about illegal activities, or activities such as hacking, cracking or phreaking.
- Disrupt or interfere with the operation of the Site or any Services, or the servers or networks that provide the Services; or disobey any policies, procedures, requirements or regulations of such networks.
- Make available by posting, transmittal or otherwise any material that would violate another person’s privacy or other rights.
- Use or remove any copyright, trademark, or other proprietary rights notice contained on the Site.
- Make available by posting, transmittal or otherwise any material, non-public information about a company without the proper authorization to do so.
- You will not harvest personally identifiable information about users of the Site without their express consent or interfere with any other user’s right to privacy.
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site.
- Impersonate any person or entity, including, but not limited to, any Horwath HTL representative or another user of Horwath HTL’s Services; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make without our prior written consent.
- Systematically download and store all or any of the content on the Site in order to create a database.
- Mirror or frame any part of the Site without Horwath HTL’s prior written authorization.
- Make available in any form including posting and transmittal of unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, investment opportunity, or any other form of solicitation.
- Sell, copy, resell, duplicate, reproduce, or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services or the Site.
- Horwath HTL’s Proprietary Rights
- Service marks and trademarks of Crowe Horwath International include without limitation: and any associated logos.
- You acknowledge and agree that the information and materials presented to you on or through the Site, including the Content, are the property of Horwath HTL and its licensor and suppliers, and are protected by copyright, trademark, patent, database or other proprietary rights and laws. Except as expressly authorized by Horwath HTL, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on any materials, including the Content, made available on or through the Site, in whole or in part.
- Horwath HTL shall have the right and sole discretion, but not the obligation, to alter, remove, or refuse to post any Submission or other content, in whole or in part, that Horwath HTL USA believes, in its sole discretion, to be in violation of the Agreement, about which it has received complaints, or which it finds to be objectionable for any reason.
- Disclosure and Monitoring of Information
- You acknowledge and agree that Horwath HTL may preserve any content that is posted on or made available through the Site. Horwath HTL may disclose any content and its origin if Horwath HTL believes that it is required to do so by law, or that such preservation or disclosure is reasonably necessary to: (a) respond to claims that any content violates the rights of third parties; (b) protect the rights, property, or safety of the Site, their users, or the public; (c) enforce the Agreement; or (d) comply with legal process or governmental requests.
- Limitations of Liability and Disclaimer of Warranties
- TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Horwath HTL AND ITS AFFILIATED COMPANIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, ANY CONTENT CONTAINED THEREON, THE SUBMISSIONS (INCLUDING ANY RESPONSIBILITY TO ARCHIVE OR MAINTAIN SUCH SUBMISSIONS), OR ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE (UNLESS OTHERWISE EXPRESSLY STATED), INCLUDING THE WARRANTIES OR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Horwath HTL USA AND ITS AFFILIATED COMPANIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF Horwath HTL USA HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER Horwath HTL NOR ITS AFFILIATED COMPANIES WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABLITY TO USE THE WEB SITE OR SYSTEM DOWNTIME OR INABILITY TO ACCESS SUBSCRIPTIONS, FROM PRODUCTS OR SERVICES ACQUIRED THROUGH THE SITE, OR FROM ANY CONTENT OR SUBMISSIONS POSTED ON THE SITE BY Horwath HTL OR ANYONE ELSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT OR SERVICE IS TO STOP USING THE SITE, AND LIABILITY WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICE FROM THE DATE Horwath HTL USA RECEIVES NOTIFICATION OF YOUR DISSATISFACTION TO THE DATE SERVICE IS TERMINATED.
- TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SITE, THE CONTENT, SUBMISSIONS, ANY PRODUCTS OR SERVICES YOU ACQUIRE OR ACESS THROUGH THE SITE (INCLUDING WITHOUT LIMITATION ANY SOFTWARE) ARE PROVIDED TO YOU “AS IS” (UNLESS OTHERWISE EXPRESSLY STATED) WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISK ASSOCIATED WITH THE USE OF THE SITE, AND ANY CONTENT AND SUBMISSIONS, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT OR SUBMISSIONS. IN THIS REGARD, YOU ACKNOWLEDGE THAT YOU MAY NOT RELY ON ANY CONTENT OR SUBMISSION CREATED BY Horwath HTL USA OR SUBMITTED TO THE SITE, INCLUDING WITHOUT LIMITATION INFORMATION IN THE FORUMS AND IN ALL OTHER PARTS OF THE SITE.
- TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Horwath HTL AND ITS AFFILIATED COMPANIES MAKE NO WARRANTY THAT (i) ACCESS TO THE SITE OR ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (ii) ANY ERRORS IN THE SITE WILL BE CORRECTED; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, SUBMISSIONS, INFORMATION, DATA, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS (UNLESS OTHERWISE EXPRESSLY STATED); (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICE WILL BE ACCURATE OR RELIABLE; OR (v) THE SITE OR THE SERVICE(S) ON WHICH THEY ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- THE FOREGOING LIMITATIONS OF LIABILITY AND DISCLAIMER OF WARRANTIES DO NOT AFFECT ANY CONTRACTUAL AND/OR STATUTORY RIGHTS YOU MAY HAVE AS A CONSUMER UNDER APPLICABLE LOCAL LAWS.
- Dealings With Third-Party Providers of Goods and Services
Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers or other third-party providers of goods or services found on or through the Site, including payment and delivery of goods or services, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider. You agree that Horwath HTL and its Affiliated Companies shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, are solely between you and such third-party advertiser or provider. You agree that Horwath HTL and its Affiliated Companies shall 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 third-party advertisers or providers on the Site.
- Copyright Issues
You agree to defend, indemnify, and hold harmless Horwath HTL and its Affiliated Companies, and their respective directors, officers, employees, and agents from and against all claims, losses, costs, and expenses (including attorneys fees) arising out of (i) your activities in connection with your unauthorized use of the Site; (ii) any violation of the Agreement by you; or (iii) any allegation that anything you post, transmit, or make available on the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.
The Site may provide links to other Internet sites or resources. Because Horwath HTL has no control over such sites and resources, you acknowledge and agree that neither Horwath HTL nor its Affiliated Companies are responsible for the availability of such external site 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 Site or resources. Other web sites may provide links to the Site with or without Horwath HTL’s authorization. Horwath HTL has no control over sites that provide links to the Site, and you acknowledge and agree that Horwath HTL and its Affiliated Companies do not endorse such sites and is not responsible for any links from those sites to the Site or for any content, advertising, products, or other materials available on such other sites. You further acknowledge and agree that Horwath HTL and its Affiliated Companies shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) any content, goods, or services available on or through any such site or resources; or (ii) any sites or resources that Horwath HTL provides links to or that provide links to the Site. Horwath HTL shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means, without prior notice.
- Jurisdictional Issues
Horwath HTL and its Affiliated Companies neither represents nor warrants that the Site or the Services are appropriate or available for use in any particular jurisdiction, whether within or outside the United States. Accessing the Site or the Services from any location other than the United States is at your own risk, and you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. We may limit the Site’s availability or the provision of any of the Services or of any product described thereon to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion, and we may limit the quantities of any such Service or product.
- Modification or Suspension of Services
Horwath HTL reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Services (or any part thereof) without notice. Horwath HTLreserves the right to change the amount of any fee or charge and to institute new fees or charges at any time for any Service, effective upon Horwath HTL posting notice thereof. You agree that Horwath HTL and its Affiliated Companies shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, or of any Content, feature, or product offered on the Site. Your continued use of the Site after such changes will indicate your acceptance of the changes.
- Information or Complaints
Pursuant to 47 U.S.C. §230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Web Site of America Links Up: http://www.netparents.org/parentstips/browsers.html.
Notices to you may be made via e-mail, fax or regular mail. The Services may also provide notices of changes to this Agreement or other matters, by displaying such notices or by providing links to such notices.
- Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of Delaware and the United States of America, without regard to their principles of conflicts of law. Any action to enforce this Agreement shall be brought in the federal or state courts located in Marin County, California. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. For non-US residents, we recognize that this Agreement may be governed by and interpreted by the laws pertaining to the country in which you reside or, if different, the country in which you access the Services. You acknowledge and agree that if you reside outside the United States, certain services may not be available to you.
If any part of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, it will be amended or replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of this Agreement will remain binding upon the parties. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This constitutes the entire agreement between you and Horwath HTL with respect to your use of the Site or any Services and supersedes all prior or contemporaneous communications and proposals between you and Horwath HTL. You agree and acknowledge that participation in any Service shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual, or other special relationship between Horwath HTL and you entered into by virtue of this Agreement.