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.
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.
ELIGIBILITY; REPRESENTATIONS AND WARRANTIES.
REGISTRATION; ESTABLISHING AN ACCOUNT; YOUR ACCOUNT.
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.
YOUR ACCESS TO AND USE OF THE HMBOOKSTORE SITE.
USE OF SOFTWARE.
USER CONTENT; LICENSE TO USE USER CONTENT.
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.
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 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."
COMPLAINTS; ALLEGED VIOLATIONS.
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.
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.
Third-Party Access to Your Information.
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.
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.
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.
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.
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
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.
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.
- 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 email@example.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.
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.
- 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.
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.
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.
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.
We welcome feedback, comments, and suggestions for improvements to the HMBookstore Site ("Feedback"). You can submit Feedback by emailing us at firstname.lastname@example.org. 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.