Hospitality Online, LLC, and its respective parent, agents, associates, affiliates, and subsidiary companies, divisions, or designees ("us", "we", "our", or "HMBookstore") welcomes you to our website, mobile and tablet websites, social networking sits, interactive features, and any other online activities or platforms provided by us (collectively, the "HMBookstore Site") in connection with information about us and our products and services.
This Terms of Use ("Terms of Use") was last updated on August 6, 2020.
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THE HMBookstore SITE. The Terms of Use are a binding legal contract between you and HMBookstore. All users and visitors to the HMBookstore Site agree that access to and use of the HMBookstore Site are subject to the following terms and conditions and other applicable law.
THE INFORMATION ON THE HMBookstore SITE IS SUBJECT TO CHANGE AT ANY TIME AND MAY BE INCOMPLETE AND/OR MAY CONTAIN ERRORS. Your USE AND continued use of the HMBOOKSTORE Site after we MAKE ANY CHANGES will constitute your acceptance of such changes. By accessing and using the HMBOOKSTORE Site, you acknowledge that you have read and reviewed these Terms of Use in their entirety, you agree to these Terms of Use AND HMBOOKSTORE Privacy Policy. WHILE WE INTEND TO MAKE EVERY ATTEMPT TO KEEP THE INFORMATION ON THE HMBookstore SITE CURRENT, WE MAKE NO CLAIMS, PROMISES, OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS, OR ADEQUACY OF THE INFORMATION CONTAINED IN OR LINKED TO OR FROM THE HMBookstore SITE. HMBookstore DISCLAIMS ANY LIABILITY, LOSS, OR RISK, DIRECTLY OR INDIRECTLY, OF THE APPLICATION OF ANY OF THE CONTENTS OF THE HMBookstore SITE.
BINDING EFFECT.
This is a binding agreement between you and HMBookstore. By using the HMBookstore Site, you agree to abide by these Terms of Use, as they may be amended by HMBookstore from time to time in its sole discretion. It is your responsibility to review these Terms of Use periodically, and, if at any time you find these Terms of Use unacceptable, you must immediately leave and cease all use of the HMBookstore Site. By using the HMBookstore Site, you represent that you are at least 18 years old and that you are legally able to enter into this binding agreement. If you are accessing and using the HMBookstore Site on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Use. In that case, "you" and "your" will refer to that company or other legal entity.
ELECTRONIC COMMUNICATION.
Unless otherwise stated, the communications between you and HMBookstore are electronic. You consent to receive communications from HMBookstore in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
PRIVACY POLICY.
HMBookstore respects your privacy and permits you to control the treatment of your personal information. HMBookstore's Privacy Policy is expressly incorporated into these Terms of Use by this reference.
ELIGIBILITY; REPRESENTATIONS AND WARRANTIES.
By accessing or using the HMBookstore Site, or registering and creating an account on the HMBookstore Site, you represent and warrant that: (A) You are at least 18 years old and can form a binding contract with HMBookstore; (B) You will keep your account information current, complete, and accurate and you will promptly update all information to keep your account complete and accurate upon any change (if you created a user account); and (C) You will comply with these Terms of Use and all applicable federal, state, and local laws, rules, regulations, and ordinances.
REGISTRATION; ESTABLISHING AN ACCOUNT; YOUR ACCOUNT.
You do not have to be a registered user to visit the HMBookstore Site; provided, however, if you want to use certain features of the HMBookstore Site, or if you would like to obtain certain services offered by us and/or available on the HMBookstore Site, you may have to create an account. Registration requires you to agree to these Terms of Use and the Privacy Policy and provide all requested information, including, but not limited to, contact information, authentication information, and/or identification details, as may be requested by HMBookstore in its sole discretion. You agree to update all of your information, as necessary, to keep it accurate, complete, and up to date. If fail to do so, we may suspend or terminate your account. You may also be asked to provide a username (i.e., your email address) and password. You are entirely responsible for maintaining the confidentiality of your password and for restricting access to your account. You may not use the account, username, or password of someone else at any time. You agree to notify HMBookstore immediately of any unauthorized use of your account, username, or password. HMBookstore shall not be liable for any loss that you incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by HMBookstore due to someone else's use of your password or account, with or without your knowledge.
YOU AGREE THAT YOU AND ONLY YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS.
Mobile Networks; Texting.
When you contact us via your mobile phone, where available, or you access any HMBookstore Site through a mobile network, your network or roaming provider's messaging, data, and other rates and fees may apply, which shall be your sole responsibility. HMBookstore neither warrants that our Site will be compatible with your mobile device nor warrants that all features otherwise available on the HMBookstore may work with your network provider or device.
OWNERSHIP OF THE HMBOOKSTORE SITE.
The HMBookstore Site is owned and operated by HMBookstore. You acknowledge and agree that all content and materials contained at the HMBookstore Site, including content, materials, information, visual interfaces, graphics, design, compilation, computer code, software, services, and all other elements of the HMBookstore Site, are protected by United States copyright, patent, trademark, and trade dress laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws, and are proprietary and constitute valuable intellectual property owned by HMBookstore or others who have licensed use of such content and materials to us. Except as provided herein, the HMBookstore Site (including past, present, and future versions) and all such content and materials that are included in, on, or that are otherwise a part or accessible from the HMBookstore Site (collectively, the "HMBookstore Content") are owned, controlled, or licensed by us. Except as expressly authorized by HMBookstore under these Terms of Use, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the HMBookstore Content.
YOUR ACCESS TO AND USE OF THE HMBOOKSTORE SITE.
Nothing contained in these Terms of Use or on the HMBookstore Site shall be construed as conferring to you any license or right, expressly, by implication, by estoppel, or otherwise under any of HMBookstore or a third party's intellectual property right(s). Any rights not expressly granted herein are reserved. Further, you are expressly prohibited from: (A) the sale or resale or commercial use of the HMBookstore Site, the HMBookstore Content, and/or any of the other contents or materials found thereon; (B) any collection and use of any information posted on the HMBookstore Site for any purpose other than your own personal use and entertainment, including, without limitation, any purpose competitive to HMBookstore or any commercial purpose, including, without limitation, marketing, solicitation, or otherwise; (C) any downloading or copying of the HMBookstore Site or account information for any reason other than your personal use; (D) the use of data mining, robots, or similar data gathering and extraction tools; (E) deep-linking to any portion of the HMBookstore Site; (F) framing or utilizing framing techniques to enclose any portion of the HMBookstore Site without our express written consent; (G) using the HMBookstore Site to access or collect any personal information, including account names, email addresses, or other such information of any other person, entity, or third party for any purpose, including, without limitation, commercial, marketing, solicitation, or any other purpose; (H) attempting to gain access to secured portions of the HMBookstore Site to which you do not possess access rights; (I) using the HMBookstore Site to generate unsolicited email advertisements or spam to any individual, entity, or third party; (J) using any automatic or manual process to search or harvest information from the HMBookstore Site, or interfering in any way with the proper functioning of the HMBookstore Site; or (K) any other unauthorized use of the HMBookstore Site, HMBookstore Content, and/or other contents or materials found thereon. The violation of the aforementioned terms shall result in the immediate termination of permission or license granted to you by us in these Terms of Use.
USE OF SOFTWARE.
We may maintain and/or create certain programs, education platforms, education resources, and/or software (collectively, the "HMBookstore Programs"), which may be available to you from our Site. If you use the HMBookstore Programs, or use any of the content available therefrom, including all files and images contained in or generated on behalf of HMBookstore Programs and any accompanying data, such use shall be deemed to be licensed to you by HMBookstore. Such license shall permit your personal non commercial use only. Such license shall be a limited, personal, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access the HMBookstore Site, to access and use the HMBookstore Programs, to access the HMBookstore Content, and/or to access the HMBookstore Site according to these Terms of Use. HMBookstore does not transfer the title or the intellectual property rights to the HMBookstore Programs, the HMBookstore Site, and/or the HMBookstore Content; and HMBookstore retains full and complete title to the HMBookstore Programs, the HMBookstore Site, and/or the HMBookstore Content as well as all intellectual property rights therein. You hereby agree and understand that you shall neither sell, redistribute, or reproduce the HMBookstore Programs, the HMBookstore Site, and/or the HMBookstore Content, nor decompile, reverse-engineer, disassemble, or otherwise convert the HMBookstore Programs, the HMBookstore Site, and/or the HMBookstore Content to a human-perceivable form or any other form without the prior written authorization from HMBookstore.
USER CONTENT; LICENSE TO USE USER CONTENT.
For purposes of these Terms of Use, and unless otherwise defined herein, the term "content" means text, data, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available through the HMBookstore Programs and/or the HMBookstore Site. The term "User Content" means any content that users or customers (including you) post, upload, display, or otherwise provide to be made publicly available through or on the HMBookstore Site, including any content you authorize us access to from your social media accounts.
The HMBookstore Site may allow for the submission of User Content by you and other HMBookstore Site users, and the hosting, sharing, and/or publishing of such User Content with HMBookstore and other users.
You hereby agree and understand that any User Content that you publicly place or that you authorize us to publicly place on the HMBookstore Site may be viewed by other users and may be viewed by any other person visiting the HMBookstore Site. Although we reserve the right to review and remove any User Content that violates these Terms of Use, such User Content is the sole responsibility of the user who posts it, and HMBookstore cannot guarantee that all User Content will comply with these Terms of Use.
HMBookstore does not claim ownership to your User Content; however, if you do post User Content to the HMBookstore Site, and unless we indicate otherwise, you grant HMBookstore a universal, perpetual, irrevocable, non-exclusive, royalty-free, transferable, and fully sub-licensable right to use, host, store, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, and publicly display such User Content and the name submitted in connection with your User Content, throughout the world in any and all media form or platform now known or hereafter conceived. HMBookstore and its affiliates are free to use any ideas, concepts or know-how contained in your User Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing, and marketing services using such information. We are not, however, obligated to use your User Content.
You will not be compensated for any User Content. By posting User Content on the HMBookstore Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. You represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by HMBookstore on or through the HMBookstore Site, will infringe, misappropriate, or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You further represent and warrant that the User Content is accurate, that use of the User Content you supply does not violate these Terms of Use and will not cause injury to any person or entity, and that you will indemnify HMBookstore, its officers, managers, members, employees, consultants, agents, affiliates, and representatives, for all demands, loss, liability, claims, or expenses (including attorneys' fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Content. You further understand that we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
INAPPROPRIATE CONTENT.
You shall not make the following types of content available on the HMBookstore Site: Any content that (A) violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark, or other intellectual property or contract right; (B) is libelous, defamatory, abusive, threatening, bullying, intimidating, harassing, or otherwise injurious to third parties; (C) is fraudulent, false, misleading, or deceptive; (D) is hate speech or promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (E) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (F) promotes illegal or harmful activities or substances; (G) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (H) advertises or otherwise solicits funds or is a solicitation for goods or services; or (I) contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content or any other content. HMBookstore reserves the right (but not the obligation) to remove or edit such User Content or any other content, but does not regularly review posted User Content or any other content. Any opinions, testimonials, advice, ratings, discussions, comments, and/or other User Content of any kind made by you or any user of the HMBookstore Site are those of the respective author(s) or distributor(s) and not of HMBookstore. HMBookstore reserves the right to terminate your receipt, transmission, or other distribution of any such material using the HMBookstore Site, and, if applicable, to delete any such material from our servers. HMBookstore intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
COMPLAINTS; ALLEGED VIOLATIONS.
HMBookstore reserves the right to terminate your use of the HMBookstore Site at any time. To ensure that HMBookstore provides a high quality experience for you and for other users of the HMBookstore Site, you agree that HMBookstore or its representatives may access your account, if applicable, and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the HMBookstore Site. HMBookstore does not intend to disclose the existence or occurrence of such an investigation unless required by law, but HMBookstore reserves the right to terminate your account, if applicable, or your access to the HMBookstore Site and the HMBookstore Programs immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of the Terms of Use, furnished HMBookstore with false or misleading information, or interfered with use of the HMBookstore Site or the HMBookstore Programs by others.
PROHIBITED USES.
HMBookstore imposes certain restrictions on your permissible use of the HMBookstore Site and/or the HMBookstore Programs. You are prohibited from violating or attempting to violate any security features of the HMBookstore Site and/or the HMBookstore Programs, including, without limitation, (A) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access, or impersonating any person or entity or posting any images of another person without his or her permission; (B) attempting to probe, scan, or test the vulnerability of the HMBookstore Site and/or the HMBookstore Programs, or any associated system or network, or to breach security or authentication measures without proper authorization; (C) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the HMBookstore Site and/or the HMBookstore Programs, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (D) using the HMBookstore Site to send unsolicited email, including, without limitation, promotions, or advertisements for services; (E) forging any TCP/IP (i.e., Transmission Control Protocol/Internet Protocol) packet header or any part of the header information in any email or in any posting using the HMBookstore Site and/or the HMBookstore Programs; (F) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by HMBookstore; (G) soliciting passwords for any purpose, or personal information for commercial or unlawful purposes from other users or disseminating another person's personal information without his or her written permission; (H) creating another user account if we have already terminated your account, unless you have our prior written permission to do so; (I) using the HMBookstore Site and/or the HMBookstore Programs for any harmful or nefarious purpose; (J) using the HMBookstore Site and/or the HMBookstore Programs to damage HMBookstore, its business, or reputation; or (K) using the HMBookstore Site and/or the HMBookstore Programs for any purpose that is illegal or prohibited by these Terms of Use. Any violation of system or network security may subject you to civil and/or criminal liability.
TERMINATION.
We may terminate your access to the HMBookstore Site, the HMBookstore Programs, and to your account, if applicable, at any time, with or without cause, and with or without prior notice. If you want to terminate your legal agreement with HMBookstore as related to your use of the HMBookstore Site, you may do so by notifying HMBookstore at . Upon termination for any reason, your right to access and/or use the HMBookstore Site and/or the HMBookstore Programs will immediately cease. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access to the HMBookstore Site, the HMBookstore Programs.
Upon any termination, discontinuation, or cancellation of your account, all provisions of these Terms of Use that by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions.
AFFILIATED AND THIRD-PARTY SITES, THIRD-PARTY SERVICES, AND THIRD-PARTY CONTENT.
HMBookstore has no control over, and no liability for any third-party websites, applications, or materials. HMBookstore works with a number of third-party partners and affiliates, whose Internet sites may be linked with the HMBookstore Site. Because neither HMBookstore nor the HMBookstore Site has control over the content and performance of these third-party partner and affiliate sites, HMBookstore makes no guarantees about the accuracy, currency, content, policies, promotions, services, or quality of the information provided by such third-party sites, and HMBookstore assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the HMBookstore Site, you may have access to content items (including, but not limited to websites or "social media" sites such as Instagram, Facebook, Google+, YouTube, Twitter, etc.) that are owned by third parties. You acknowledge and agree that HMBookstore makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, policies, promotions, services, failures, actions, damages, losses, problems, or quality of this third-party content. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites, applications, or materials.
Further, certain portions of the HMBookstore Site may be integrated into, or be provided in connection with third-party websites, services, content, and/or materials ("Third-Party Services"). We do not review or control any Third-Party Services. We additionally make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of Third-Party Services. There is no implied connection, endorsement, or adoption by HMBookstore of these Third-Party Services, and we shall not be responsible for any content provided on or through these Third-Party Services. Certain opinions, claims, advice, representations, statements, or other information or materials may be made available by third parties ("Third-Party Content"). This Third-Party Content belongs to the respective authors or providers of the applicable Third-Party Content and these authors and providers are solely responsible for the Third-Party Content.
HMBOOKSTORE DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT REGARDING ANY PORTION OF THE HMBOOKSTORE SITE OR HMBOOKSTORE PROGRAMS; OR (ii) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, CLAIM, ADVICE, REPRESENTATION, OR STATEMENT MADE BY A THIRD PARTY as part of any Third-Party Content. UNDER NO CIRCUMSTANCES WILL HMBOOKSTORE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON THird-Party CONTENT in connection with the hmbookstore SITE or hmbookstore programs, INCLUDING our SERVICES.
YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE hmbookstore SITE AND/OR hmbookstore programs AND ANY TERMS, CONDITIONS, WARRANTIES, AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. hmbookstore ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS, AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD-PARTY SITE THAT YOU VISIT.
Third-Party Access to Your Information.
Although you are entering into an agreement to disclose your information to us pursuant to these Terms of Use, we may use third-party individuals and organizations to assist us, including contractors, web hosts, developers, and others. In doing so, we may delegate our authority to collect, access, use, and disseminate your information to said third-party individuals or organizations. You hereby agree and understand that every authorization that you grant to us under these Terms of Use, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving the HMBookstore Site, the HMBookstore Programs, or any of our underlying files or systems. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.
NO WARRANTIES.
YOU ACKNOWLEDGE AND AGREE THE HMBOOKSTORE SITE AND/OR HMBOOKSTORE PROGRAMS, INCLUDING WITHOUT LIMITATION, ANY websites, mobile or tablet websites, services available and accessible via our websiteS, electronic services, social networking sites, interactive features, software, technology, tools, content, and any other materials or any other online activities or platform we own or control, ARE PROVIDED AS-IS AND AS AVAILABLE, WITH ALL FAULTS, AND WITHOUT PERFORMANCE ASSURANCES, WARRANTIES, OR GUARANTEES OF ANY KIND.
YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE HMBOOKSTORE SITE AND/OR HMBOOKSTORE PROGRAMS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HMBOOKSTORE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE HMBOOKSTORE SITE AND/OR THE HMBOOKSTORE PROGRAMS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE OUR SITE OR THE HMBOOKSTORE PROGRAMS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE HMBOOKSTORE SITE AND/OR THE HMBOOKSTORE PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF the HMBOOKSTORE SITE AND HMBOOKSTORE PROGRAMS ARE AT YOUR SOLE RISK.
Certain applicable state laws may not allow the exclusion of implied warranties; therefore, some of the above exclusions may not apply to you. No statement of ours or any of our officers, managers, members, employees, consultants, agents, affiliates, and representatives, shall create any warranty other than those expressly contained in these terms of use.
You will not hold HMBookstore or its third-party service providers, licensors, and suppliers, as applicable, responsible for any loss or damage that results from your access to or use of the HMBookstore site or HMBookstore programs, including without limitation any loss or damage to any of your computers or data, as the HMBookstore site and/or the HMBookstore programs may contain bugs, errors, problems, or other limitations.
YOU ACKNOWLEDGE THAT WE DO NOT CONTROL ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THE HMBOOKSTORE SITE AND/OR HMBOOKSTORE PROGRAMS. EXCEPT AS OTHERWISE AGREED IN WRITING, WE ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF SUCH THIRD-PARTY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OR THIRD-PARTY SERVICES MADE AVAILABLE BY THIRD PARTIES THROUGH OUR SITE.
LIMITED LIABILITY.
OUR LIABILITY TO YOU IS LIMITED. To the maximum extent permitted by law, in no event shall HMBookstore or any of its officers, managers, members, employees, consultants, agents, affiliates, or representatives (collectively, the "HMBookstore parties") be liable for damages of any kind (including, but not limited to, direct, indirect, special, incidental, exemplary, punitive, or consequential damages, loss of business, lost profits, or lost data, regardless of the foresee ability of those damages) arising out of or in connection with your access to or use of the HMBookstore site and/or HMBookstore programs; your inability to access or use the HMBookstore site and/or HMBookstore programs; the conduct or content of other users or third parties on, through, or following the use of the HMBookstore site and/or HMBookstore programs; or unauthorized access, use or alteration of your user content, even if HMBookstore has been advised at any time of the possibility of such damages.
This limitation shall apply regardless of whether the damages arise out of breach of contract, tort (including, without limitation, negligence and strict liability), product liability, or any other legal theory or form of action even if the HMBookstore parties have been advised of the possibility of such damages, arising out of or relating in any way to the unauthorized access to or alteration of your user content, even if a remedy set forth herein is found to have failed its essential purpose.
You specifically acknowledge that HMBookstore parties are not liable for any defamatory, offensive, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. HMBookstore disclaims and takes no responsibility for any conduct of you or any other user, on or off the HMBookstore site and/or HMBookstore programs. HMBookstore takes no responsibility for any content that you or another user or third-party posts, sends, or receives through the HMBookstore site. Any content downloaded or otherwise obtained through the use of the HMBookstore site and/or HMBookstore programs is accessed at your own discretion and risk.
Your sole and exclusive remedy for dissatisfaction with the HMBookstore site and/or HMBookstore programs is to stop using the HMBookstore site and/or HMBookstore programs. To the fullest extent permissible by applicable law, the maximum liability of HMBookstore parties arising out of or relating in any way to your access to or use of the HMBookstore site and/or HMBookstore programs shall be one hundred dollars ($100.00). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HMBOOKSTORE AND YOU.
INDEMNITY.
You agree to indemnify HMBOOKSTORE for your acts and omissions. In consideration for your use of THE HMBOOKSTORE SITE AND/OR HMBOOKSTORE PROGRAMS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOURSELF, YOUR HEIRS, EXECUTORS, AND ADMINISTRATORS, AND ANY OTHER PERSON(S) WHO MAY TAKE BY OR THROUGH YOU, HEREBY AGREE TO INDEMNIFY, DEFEND, RELEASE, FOREVER DISCHARGE, AND HOLD HARMLESS THE HMBOOKSTORE PARTIES, FROM AND AGAINST ANY LIABILITY FOR ANY AND ALL THIRD-PARTY CLAIMS, JUDGMENTS, DAMAGES, LIABILITIES, SETTLEMENTS, LOSSES, COSTS, EXPENSES, AND RECOVERIES FOR ANY AMOUNTS CLAIMED DUE, OF ANY KIND OR NATURE WHATSOEVER arising out of or in connection with your ACCESS TO OR use of THE HMBOOKSTORE SITE AND/OR HMBOOKSTORE PROGRAMS, YOUR USER CONTENT, OR YOUR BREACH OF THESE TERMS OF USE AND/OR THE HMBOOKSTORE PRIVACY POLICY, which YOU MAY NOW OR HEREAFTER BE ENTITLED TO ASSERT, INCLUDING PENALTIES, INTEREST, AND REASONABLE ATTORNEYS' FEES AND DISBURSEMENTS, INCLUDING BUT NOT LIMITED TO ANY DEATH, INJURY, LOSS OF ENJOYMENT, PROPERTY DAMAGE, OR OTHER HARM OR LOSS OF ANY KIND OR NATURE, ANY CLAIMS BASED ON PUBLICITY RIGHTS, INVASION OF PRIVACY, DEFAMATION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, OR ANY OTHER INTELLECTUAL PROPERTY RELATED CAUSES OF ACTION, OR YOUR USE OR MISUSE OF THE HMBOOKSTORE SITE AND/OR HMBOOKSTORE PROGRAMS, OR YOUR OTHER ACTS OR OMISSIONS IN CONNECTION THEREWITH.
RELEASE.
To the fullest extent permitted by applicable law, you hereby release and forever discharge HMBookstore and the HMBookstore Parties from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, emotional distress, identity theft, death, and property loss and damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (A) any interactions with, or act or omission of, or User Content provided by, other HMBookstore Site users or (B) any third-party site, services, and links included on or accessed through the HMBookstore Site and/or HMBookstore Programs.
To the extent the law permits, you release us from any claims or liability related to any content and/or User Content posted on the HMBookstore Site and from any claims related to the conduct of any other users or customers of ours. You agree to waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her would have materially affected his or her settlement with the debtor or released party."
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.
When accessing the HMBookstore Site and/or HMBookstore Programs, you agree to obey the law and to respect the intellectual property rights of others. Your use of HMBookstore Site and/or HMBookstore Programs is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any User Content you provide or transmit. The burden of proving that any content does not violate any laws or third-party rights rests solely with you. You further agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying the HMBookstore Site, HMBookstore Programs, and/or the HMBookstore Content.
COPYRIGHT INFRINGEMENT.
If you are a copyright owner or an owner's agent and find that any content on the HMBookstore Site and/or HMBookstore Programs infringes upon your copyrights, please report such alleged copyright infringement in accordance with the Digital Millennium Copyright Act of 1988 ("DMCA") and the Terms of Use. Upon receipt of a properly completed and delivered DMCA notice of such alleged Infringement, HMBookstore will take whatever action it deems appropriate in its sole discretion, but subject to its obligations under the DMCA, including removal of the challenged material from the HMBookstore Site and/or HMBookstore Programs, as may be deemed necessary.
If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want HMBookstore to investigate further, your DMCA notice must include all of the following information in writing: (A) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (B) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (C) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be investigated, and information reasonably sufficient to permit HMBookstore to investigate and/or locate the material; (D) information reasonably sufficient to permit HMBookstore to contact you, such as an address, telephone number, and if available, an email address at which you may be contacted directly; (E) a statement 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 (F) 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 owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to our designated agent:
Hospitality Online, LLC
Attn: Website Administrator
8747 E. Via de Commercio
Scottsdale, AZ 85258
COPYRIGHT.
All HMBookstore Content included in or made available through the HMBookstore Site and/or HMBookstore Programs, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the exclusive property of HMBookstore or its content suppliers and protected by United States and international copyright laws. The compilation of all HMBookstore Content included in or made available through the HMBookstore Site and/or HMBookstore Programs are also the exclusive property of HMBookstore and protected by United States and international copyright laws. Without limitation, HMBookstore owns a copyright in the selection, coordination, arrangement, and enhancement of the HMBookstore Content on the HMBookstore Site and/or HMBookstore Programs. All HMBookstore Content on the HMBookstore Site and/or HMBookstore Programs is: Copyright © 2020 HMBookstore. All rights reserved.
TRADEMARKS.
All trademarks, service marks, trade names, and trade dress, whether registered or unregistered, of HMBookstore used on the HMBookstore Site and/or HMBookstore Programs are trademarks or registered trademarks of HMBookstore. HMBookstore's trademarks and trade dress may not be used in connection with any product or service that is not provided by HMBookstore and/or the HMBookstore Programs, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HMBookstore. Without our prior written permission, you agree not to display or use, in any manner, any such trademarks and/or trade dress. Without limitation of the foregoing, you may not use any meta tags or any other "hidden text" utilizing our names, trade dress, or trademarks without our express prior written consent. Any goodwill associated with any use of such names, trade dress, or trademarks by you shall inure exclusively to HMBookstore or its respective owners. The HMBookstore Site, HMBookstore Programs, and/or the HMBookstore Content may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of HMBookstore, which may be withheld with or without reason. Any unauthorized use of the HMBookstore Site, HMBookstore Programs, and/or the HMBookstore Content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the HMBookstore Site and/or HMBookstore Programs.
DISPUTE RESOLUTION; GOVERNING LAW.
You hereby agree that any dispute or claim between you and HMBookstore arising out of, relating in any way to, or in connection with these Terms of Use, the HMBookstore Privacy Policy, the HMBookstore Site, and/or HMBookstore Programs (collectively, the "Dispute(s)") shall be resolved in accordance with the provisions set forth herein.
- Informal Resolution. Before taking any formal action as described herein, you agree that if you have any Dispute with HMBookstore, you will first contact us directly at privacy@hmbookstore.com, provide a brief, written description of such Dispute and your contact information (including your email address associated with your user account, if any) and allow sixty (60) business days to pass, during which time HMBookstore will attempt to reach an amicable and informal resolution of any issue with you.
- Applicable Law. You agree that United States federal law including the Federal Arbitration Act, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of Arizona, USA, without regard to conflict of laws principles, will govern all Disputes. Such body of law will apply regardless of your residence or the location of where you use the HMBookstore Site and/or HMBookstore Programs.
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Binding Arbitration. If informal resolution is not achieved within sixty (60) business days, and except as specifically stated herein, all Disputes shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court, if applicable. By virtue of this Arbitration Agreement (defined below), you and HMBookstore are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this subsection (A) or subsection (D). Unless otherwise stated in a standalone agreement, the provisions of this section shall constitute your and HMBookstore's written agreement to arbitrate Disputes under the Federal Arbitration Act ("Arbitration Agreement"). Any modification to this Arbitration Agreement shall be in writing and signed by you and HMBookstore. The arbitration will be administered by and in accordance with the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA's Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org or by calling (800) 778.7879. The arbitrator will apply and be bound by these Terms of Use, apply applicable law and the facts, and issue a reasoned award.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary.
Contact information for HMBookstore's registered agent for Disputes/Arbitration is as follows:
Arizona Agent for Service of Process
Attn: Mr. Sean McElenney
2 N Central Ave #2100
Phoenix, AZ 85004, USA
- No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding, or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
- Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, you agree that any such Dispute may only be instituted in a state or federal court in Maricopa County, California; (ii) you and HMBookstore irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) you and HMBookstore agree to waive any right to a trial by jury.
- Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party's intellectual property or any conduct that violates the section titled "Inappropriate Content" and/or the section titled "Prohibited Uses" of these Terms of Use.
- Time Limitations. If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.
- Opt-Out. You may choose to opt-out of arbitration and reject the Arbitration Agreement by emailing us at privacy@hmbookstore.com with your notice to opt-out ("Notice to Opt-Out"). Your Notice to Opt-Out must include your full name, street address, city, state, zip code, email address, and an unaltered digital image of your valid driver's license. The Notice to Opt-Out must be received by HMBookstore no later than thirty (30) days after the date you accept these Terms of Use for the first time. There are no exceptions to these opt-out procedures. If you opt-out of the Arbitration Agreement ALL other parts of these Terms of Use will remain in effect and continue to apply to you.
Whether to agree to the arbitration agreement is an important decision. It is your decision to make, and you should take care to conduct further research and to consult with others, including but not limited to an attorney, regarding the consequences of your decision, just as you would when making any other important business or life decision.
To the fullest extent permitted by law, you waive the right to a trial by jury with respect to any dispute arising out of or relating to these Terms of Use or your ACCESS and use of the HMBOOKSTORE Site
AND/OR HMBOOKSTORE PROGRAMS. You further agree that any and all disputes or controversies between you and HMBOOKSTORE shall be resolved on an individual basis without resort to any form of class action
and shall not be consolidated with the claims of any other parties. Your waiver of the right to bring any dispute as a class action shall not be deemed unenforceable even if the governing state law would
otherwise permit the action to be filed and prosecuted as a class action.
SEVERABILITY; WAIVER.
If any provision of these Terms of Use, or the application thereof to any person, place, or circumstance, will be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms of Use, and, provided that the fundamental terms and conditions of these Terms of Use remain legal and enforceable, the remainder of these Terms of Use and such provisions as applied to other persons, places, and circumstances will remain in full force and effect. No waiver by HMBookstore of any breach or default by you will be deemed a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of HMBookstore to exercise or avail itself of any right or remedy that we have or may have hereunder shall operate as a waiver of any right or remedy.
DOMESTIC AND INTERNATIONAL USE.
The HMBookstore Site and/or HMBookstore Programs are controlled and operated by HMBookstore from its primary offices in the State of Arizona; provided, however, HMBookstore may at its sole discretion operate, amend, modify or otherwise alter the HMBookstore Site and/or HMBookstore Programs outside of the State of Arizona. HMBookstore makes no representation that any of the content or the electronic services to which you have been given access to are available, appropriate, or legal for use in other locations or other jurisdictions. Your access to or use of the HMBookstore Site and/or HMBookstore Programs should not be construed as HMBookstore purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Arizona. Those who choose to access or use the HMBookstore Site and/or HMBookstore Programs from outside the United States do so voluntarily and at their own risk, and are responsible for compliance with their local laws.
CALIFORNIA USERS - CONSUMER RIGHTS NOTICE.
Under California Civil Code Section 1789.3, users of the HMBookstore Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
MODIFICATIONS.
HMBookstore may, in its sole discretion and without prior notice, (A) revise these Terms of Use or its Privacy Policy; (B) modify the HMBookstore Site and/or HMBookstore Programs; or (C) discontinue the HMBookstore Site and/or HMBookstore Programs at any time. Such revision(s) shall be effective immediately on such posting by HMBookstore. We will also revise the "Last Updated" date found at the beginning of this Terms of Use when we post changes to it. You agree to review these Terms of Use, the Privacy Policy, and other online policies posted on the HMBookstore Site periodically to be aware of any revisions. You agree that, by continuing to use or access the HMBookstore Site and/or HMBookstore Programs, you shall abide by any and all revisions, as applicable. These Terms of Use were last modified as of the date "Last Updated", above.
ENTIRE AGREEMENT.
This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms of Use are not assignable, transferable, or sublicenseable by you except with our prior written consent. Any heading, caption, or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. If you have any questions or comments regarding these Terms of Use, please contact us at: privacy@hmbookstore.com.
Language.
It is the express intent of the parties that these Terms of Use and all related documents have been written in and the governing language thereof shall be English.
FEEDBACK.
We welcome feedback, comments, and suggestions for improvements to the HMBookstore Site ("Feedback"). You can submit Feedback by emailing us at privacy@hmbookstore.com. If you provide us any Feedback, you agree that we may use, copy, modify, create derivative works of, and otherwise exploit the Feedback for any purpose.