Terms of use
General Agreement
The submission of information to, and use of, the marketing services available through The Hotel Inventory website (located at http://www.TheHotelInventory.com) is subject to the following terms and conditions (the "Terms and Conditions" or the "Agreement"). By submitting information to, or accessing information from The Hotel Inventory, YOU, the end user customer ("User") agree to the following terms and conditions. These Terms and Conditions are a legal agreement between you and The Hotel Inventory, ("The Hotel Inventory" or "THI"). You also agree to The Hotel Inventory’s Posting Policy and Privacy Policy.
If you do not agree to these Terms and Conditions and to the Posting Policies and Privacy Policy, do not submit information to, or access information from, THI. All questions concerning this Agreement should be directed to info@TheHotelInventory.com. The Hotel Inventory may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on The Hotel Inventory’s website.
Using The Hotel Inventory
User privileges are granted by The Hotel Inventory to individuals exclusively and are granted specifically to the registered member only. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member. THI requires that each registered user maintain a valid email address and a password, which shall be utilized for logging onto The Hotel Inventory. Subscribers are not permitted to share their individual logon information with others. THI has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Posting Policies as posted and displayed on THI’s website, or abuses their rights related to THI’s service. Upon registration, which is free, User may view all properties and posted details about the properties. AUser may search THI’s property listings, and will receive a subset of results of the available properties matching the User's designated search parameters. A User may also list properties on the website for a monthly fee.
The Hotel Inventory utilizes email as a vital and primary communication channel with members. As a registered member, Users hereby acknowledge and grant THI the permission to communicate with them via email (as well as other communication channel such as phone) for any purposes THI determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. THI will use its best efforts to honor User's request to opt out of marketing messages, but under no circumstances will THI have any liability for sending any email to its registered Users. By becoming a member of TheHotelInventory.com., you acknowledge and agree that THI may record telephone and other electronic communications it has with you for THI's internal business purposes, including but not limited to training and quality assurance purposes.
Submission and Administration of Listings
User agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to THI unless the User has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Property on THI's website. Specifically, User will not submit a photograph if received from a third party provider under the terms of a license that does not allow posting of such photograph on The Hotel Inventory’s website. The Hotel Inventory may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision. In addition, THI may require additional evidence of compliance with this provision from Users who are alleged to have submitted Properties or other information in violation of this Agreement. THI will, in its sole discretion, terminate the accounts of, and refuse service to, any User who repeatedly or knowingly violates this Agreement. User agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property postings on The Hotel Inventory. Additionally, the User agrees to allow submitted Property posting(s), or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by visitors of The Hotel Inventory website. The Hotel Inventory shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on The Hotel Inventory website and THI shall have the right to modify the property posting in the exercise of its rights under this Agreement.
The submission of information to, and use of, the marketing services available through The Hotel Inventory website (located at http://www.TheHotelInventory.com) is subject to the following terms and conditions (the "Terms and Conditions" or the "Agreement"). By submitting information to, or accessing information from The Hotel Inventory, YOU, the end user customer ("User") agree to the following terms and conditions. These Terms and Conditions are a legal agreement between you and The Hotel Inventory, ("The Hotel Inventory" or "THI"). You also agree to The Hotel Inventory’s Posting Policy and Privacy Policy.
If you do not agree to these Terms and Conditions and to the Posting Policies and Privacy Policy, do not submit information to, or access information from, THI. All questions concerning this Agreement should be directed to info@TheHotelInventory.com. The Hotel Inventory may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on The Hotel Inventory’s website.
Using The Hotel Inventory
User privileges are granted by The Hotel Inventory to individuals exclusively and are granted specifically to the registered member only. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member. THI requires that each registered user maintain a valid email address and a password, which shall be utilized for logging onto The Hotel Inventory. Subscribers are not permitted to share their individual logon information with others. THI has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Posting Policies as posted and displayed on THI’s website, or abuses their rights related to THI’s service. Upon registration, which is free, User may view all properties and posted details about the properties. AUser may search THI’s property listings, and will receive a subset of results of the available properties matching the User's designated search parameters. A User may also list properties on the website for a monthly fee.
The Hotel Inventory utilizes email as a vital and primary communication channel with members. As a registered member, Users hereby acknowledge and grant THI the permission to communicate with them via email (as well as other communication channel such as phone) for any purposes THI determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. THI will use its best efforts to honor User's request to opt out of marketing messages, but under no circumstances will THI have any liability for sending any email to its registered Users. By becoming a member of TheHotelInventory.com., you acknowledge and agree that THI may record telephone and other electronic communications it has with you for THI's internal business purposes, including but not limited to training and quality assurance purposes.
Submission and Administration of Listings
User agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to THI unless the User has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Property on THI's website. Specifically, User will not submit a photograph if received from a third party provider under the terms of a license that does not allow posting of such photograph on The Hotel Inventory’s website. The Hotel Inventory may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision. In addition, THI may require additional evidence of compliance with this provision from Users who are alleged to have submitted Properties or other information in violation of this Agreement. THI will, in its sole discretion, terminate the accounts of, and refuse service to, any User who repeatedly or knowingly violates this Agreement. User agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property postings on The Hotel Inventory. Additionally, the User agrees to allow submitted Property posting(s), or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by visitors of The Hotel Inventory website. The Hotel Inventory shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on The Hotel Inventory website and THI shall have the right to modify the property posting in the exercise of its rights under this Agreement.
The User (a) represents and warrants that all Properties and associated information provided by the User will be accurate; (b) agrees that the User will not permit the posting of a property on THI’s system under a name other than the named licensed real estate agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the Properties provided by the User and maintain their accuracy at all times. The Hotel Inventory reserves the right to remove all or any part of the Properties posted on The Hotel Inventory website. THI accepts no responsibility for checking the accuracy of reports or data files submitted by the User. While THI shall take all reasonable efforts for data backup and business resumption, the User will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to The Hotel Inventory.
Use of Information
User agrees to treat all information obtained from The Hotel Inventory, including postings, member directory, historical transaction information, and any information otherwise made available to User in The Hotel Inventory (individually and collectively, the "Content") as proprietary to The Hotel Inventory. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of The Hotel Inventory. THI does not ensure the accuracy of, endorse or recommend any Content. User uses such Content at the their own risk. User may access the active property postings on The Hotel Inventory and/or the sales comps information solely to obtain initial information from which further evaluation and investigation may commence.
User shall not use or reproduce any Content that is obtained from The Hotel Inventory, or that is otherwise made available to User on THI, for or in connection with any other listing service or device. User further shall not use THI in any other manner for or in connection with any other listing service or device. User shall not use THI as part of any effort to compete with The Hotel Inventory, including without limitation using THI’s services to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential THI members, nor shall User remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded on The Hotel Inventory. User shall not use any robot, spider or other automated process to monitor, data mine or copy THI’s products, services or information; decompile, decode or reverse engineer THI software; or use THI products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes. User violating these specific terms, specifically those customers searching The Hotel Inventory in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their subscription.
Passwords/Logins
Members are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. The Hotel Inventory is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, logon information or password and/or failure to comply with the terms and conditions set forth in this agreement that relate to confidentiality of account, logon or password information.
Nature of Customer's Business
If User owns properties and intends to market them directly via The Hotel Inventory, such User represents to The Hotel Inventory that it either (a) markets, using its own facilities, more than 2/3 of those properties which it owns and controls, or (b) markets properties for third parties where such third party brokerage services account for more than twenty percent (20%) of the total revenues of the entity.
Posting on The Hotel Inventory
Posting rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the User without the express written permission of The Hotel Inventory. User privileges are subject to change from time to time and may be subject to property listing, property searching, and member directory searching limitations.
Payment Terms
User agrees to pay for all services ordered through The Hotel Inventory’s web site or via THI’s sales team using the payment method indicated, and provides The Hotel Inventory express authorization to charge said fees to the User's payment provider at time of purchase or renewal. Fees owed depend on the specific product and quantity of THI’s products or services ordered. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by User. If payment is not current, The Hotel Inventory may immediately cease to provide any and all products and services to the User. If you are not satisfied with the service, you may cancel your subscription at any time. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. Discounts received via a product bundle are subject to removal when product(s) in bundle are canceled. No partial month refunds will be provided.
Subscriptions will automatically renew using the User's current credit card account number unless User cancels their subscription on The Hotel Inventory three (3) days prior to the renewal date to cancel such subscription. All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the customer's email account on record with The Hotel Inventory. If User has a question about a cancellation, User should contact The Hotel Inventory Customer Services at Info@TheHotelInventory.com or at 650-200-3058. The Hotel Inventory reserves the right to change its fees or billing methods at any time. The Hotel Inventory will provide timely notice to the affected Users of any such changes.
It is the User's responsibility to promptly provide The Hotel Inventory with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.).
The User must notify The Hotel Inventory about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to The Hotel Inventory's attention within 90 days, User agrees to waive their right to dispute such problems or discrepancies.
Ownership and License Grant
The Hotel Inventory retains all rights (including Intellectual Property Rights as defined below), title and interest in The Hotel Inventory website, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the products and services hereunder. User will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of THI's technology or delete or alter author attributes or copyright notices. User shall use THI’s system solely for their own use and shall not allow others to use the The Hotel Inventory system under or through that Subscriber's login ID/email and password.
Intellectual Property Rights means all intellectual property rights arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Brokers and Agents
Any User who identifies himself or herself as a broker or agent on The Hotel Inventory member registration form and inquiry form or otherwise purports to be a broker on THI's Directory service hereby represents and warrants that User is validly licensed as a broker and is in compliance with applicable broker requirements in all jurisdictions in which User is required to be licensed. The Hotel Inventory may, in its sole discretion, but without any obligation to verify the licensure of such individual as a broker or agent, remove from the list of brokers any User whom The Hotel Inventory believes is not a licensed broker or agent in any applicable jurisdiction. The Hotel Inventory may, in its sole discretion, terminate the accounts of, and refuse services to, any User who repeatedly or knowingly misrepresents its licensed broker or agent status or upon notification by any state agency or similar governmental authority that such User is not a licensed broker. The Hotel Inventory does not and shall not have any obligation to independently verify the licensure of individuals identified as brokers and agents on the web site. It is your responsibility to confirm the licensed status of any brokers listed on The Hotel Inventory.
Maps and Directions Disclaimer
The maps and directions information provided by The Hotel Inventory have been obtained from sources believed reliable, including Google Maps. Google Maps is supplied by Google, Inc., and its use is subject to Google’s applicable Terms of Use. While The Hotel Inventory does not doubt the accuracy of the maps and/or directions, we have not verified the information and make no guarantees, warranties or representations about the maps and/or directions. It is your responsibility to independently confirm the accuracy and completeness of any map and/or set of directions. User assumes all risk of use. Neither The Hotel Inventory nor its partners or suppliers assume any responsibility for loss, damage or delay caused by User's use of and/or reliance on User's use of The Hotel Inventory's information, products or services.
Unsolicited Commercial Email (Spam)
The Hotel Inventory prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the Inquire, Contact Us service or other email services that The Hotel Inventory offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. The Hotel Inventory has the right to revoke the privileges of any customer or company that breaches these terms.
Termination
The Hotel Inventory reserves the right to terminate a User's membership at any time without prior notice with or without cause. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of The Hotel Inventory services, nonpayment of fees owed by you in connection with The Hotel Inventory services, account inactivity or technical or security issues. Upon termination, The Hotel Inventory shall have no obligation to maintain or forward any content in your account.
Links to Third Party Sites and Advertisement
The Hotel Inventory may contain hyperlinks to other websites operated by parties other than The Hotel Inventory and its subsidiaries which are beyond The Hotel Inventory's control. Parties other than The Hotel Inventory may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use The Hotel Inventory's logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off The Hotel Inventory’s site. THI does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. THI does not assume any liability for the actions, product, and content of all of these and any other third parties. THI makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves THI’s site, the site you will land on is not controlled by The Hotel Inventory and different terms of use and privacy statements may apply. THI also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.
Limitation of Liability and Indemnification
IN NO EVENT SHALL THE HOTEL INVENTORY BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE CUSTOMER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF HE HOTEL INVENTORY'S SERVICES, OR CUSTOMER'S FAILURE TO KEEP CUSTOMER'S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THIS AGREEMENT. User's exclusive remedy, and The Hotel Inventory's entire liability under this Agreement shall be a refund to User of the fees paid to The Hotel Inventory hereunder, and in no event will The Hotel Inventory's liability for any reason exceed such fee. The Hotel Inventory (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from User's use of the products and services, and User shall indemnify The Hotel Inventory (and The Hotel Inventory's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than User arising from User's use or application of The Hotel Inventory or the products and services. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
Other Rights of The Hotel Inventory
User agrees that The Hotel Inventory shall have the right to use Properties and other information submitted to it for any purpose, including without limitation for publication of all or part of such Posting on the Internet for unrestricted use by The Hotel Inventory customers and partners. THI shall have sole authority to choose the manner in which any Posting will be received, displayed and used by The Hotel Inventory, and reserves the right to remove all or any part of a Posting or refuse Services to anyone at any time in its sole discretion. THI shall have no obligation to (i) resolve disputes among users of The Hotel Inventory products and services; or (ii) monitor or verify the accuracy or proper use of the Posting. The Hotel Inventory reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on THI's corporate web site, located at http://www.TheHotelInventory.com
Governing Law
This Agreement, and the products and services provided by The Hotel Inventry, shall be governed by the laws of the State of California, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of San Mateo County, California for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.
Assignment
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by User without the prior written consent of The Hotel Inventory, which retains the right to withhold consent in its sole discretion.
Waiver and Severability
The failure of The Hotel Inventory to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, User agrees that the remaining terms and provisions remain in full force and effect.
Notices
All notices to The Hotel Inventory must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Executive Officer at The Hotel Inventory. Mailing address is 1220 Howard Avenue, Suite 220, Burlingame, California 94010.
Entire Agreement
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.
Warranty Disclaimers
HOTEL LISTINGS, PROPERTY TRANSACTIONS, PROPERTY FACTS INFORMATION, NEWS ARTICLES, UPCOMING EVENTS AND THE HOTEL INVENTORY PROPERTY REPORTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE HOTEL INVENTORY MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE HOTEL LISTINGS, PROPERTY TRANSACTIONS, PROPERTY FACTS INFORMATION, NEWS ARTICLES, UPCOMING EVENTS OR THE HOTEL INVENTORY PROPERTY REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND THE HOTEL INVENTORY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. THE HOTEL INVENTORY MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE HOTEL INVENTORY'S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM THE HOTEL INVENTORY'S WEB SITE, INCLUDING HOTEL LISTINGS, PROPERTY TRANSACTIONS, PROPERTY FACTS INFORMATION, NEWS ARTICLES, UPCOMING EVENTS AND THE HOTEL INVENTORY PROPERTY REPORTS IS ACCESSED AT CUSTOMER'S OWN DISCRETION AND RISK, AND CUSTOMER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE HOTEL INVENTORY OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
December 3, 2011
