HOTEL EFFECTIVENESS

The documents, data, information and other materials (collectively the "Material(s)") contained on the Web Site or mobile application (collectively, the "Site") are provided by Hotel Effectiveness Solutions, LLC ("HE") exclusively for use by customers of HE and by employees or agents of HE (collectively, "Authorized Users" or "You").

BY ACCESSING, USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS SITE OR ANY OF ITS SERVICES, FUNCTIONS, MATERIALS, OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL OF THE TERMS, CONDITIONS, AND NOTICES IN THIS SITE ("AGREEMENT") WITHOUT MODIFICATION. If you are not an Authorized User, or if you do not agree to the terms of this Agreement, you may not use this Site or download any Materials from it.

Hotel Effectiveness reserves the right to change the terms of use, privacy policy, conditions, and notices under which the Materials and the Site are offered at any time.

USE OF THE WEB SITE: You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this Site (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise all usage by minors of this Site under your name or account. You also warrant that all information supplied by you or members of your household in using this Site is true and accurate and without limitation. You agree that the services section of this Site shall be used only to make purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the services section of this Site may result in your being denied access to such facilities.

For any services for which fees may be charged, you agree to abide by the terms or conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site.

PROHIBITED CONDUCT: You agree not to: (a) copy, display, modify, reproduce, or otherwise transfer any of the Materials to any third party without the prior written permission of HE; (b) interfere or disrupt networks connected to the Site; (c) use or attempt to use any device, software or routine which interferes with the proper functioning of the Site or any transactions being offered through the Site; (d) transmit files, data or other materials containing a computer virus, corrupted data, worms, "Trojan horses" or other instructions or design that would erase data or programming or cause the Site or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed; (e) deliver any communication to or through the Site which violates any local, state, federal or international law; (f) deliver any communication to or through the Site that contains defamatory, libelous, abusive or obscene material; or (g) deliver any communication to or through the Site that will infringe upon the rights of any third party.

INTELLECTUAL PROPERTY RIGHTS: This Site and the Materials contain and reference trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of HE and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of HE and/or other parties is granted to or conferred upon you. Reproduction or storage of materials obtained from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No Materials may be reproduced, distributed, posted, displayed, uploaded or transmitted except as expressly permitted herein. You may not remove any copyright, trademark notice, or proprietary notices from the Materials; or use the Materials or this Site except as permitted in this Agreement. The use of any Materials from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any HE trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information.

COPYRIGHT AND TRADEMARK NOTICES: All contents of this Web site are the copyrighted property of one of the HE companies, or their subsidiaries, affiliates and/or licensees. All contents of this Web site are protected by United States and international copyright laws.

© 2007-2021 Hotel Effectiveness Solutions, LLC, P.O. Box 769539 Roswell, GA 30076 U.S.A. All rights reserved.

The following are some of the trademarks marks owned by Hotel Effectiveness Solutions, LLC: Hotel EffectivenessTM and MyHotelTeamTM

Trademarks owned by HE may not be used or displayed publicly without the prior written permission of the owner of the marks, except for downloaded logos and photographs as provided for elsewhere on this site. Any rights not expressly granted herein are reserved.

CONFIDENTIALITY: All information on the Site, including Materials and passwords, are deemed to be HE confidential information and trade secrets. This means, among other things, that you may not disclose your password, the Materials, or any other information on the Site, including the Site's domain name or URL, to any person whom HE has not authorized in writing to have that information.

OWNERSHIP OF MATERIALS: The Materials are confidential and proprietary information of HE and/or its affiliates, as applicable.

LINKED WEB SITES: This Site includes links to other web sites. HE provides such links solely as a convenience to you and for informational purposes only. HE has not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates HE's endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Neither HE, nor any other providers of products or services related to this Site, shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk. Other web sites may include links to the Site. The inclusion of such links does not indicate the other web site's endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.

APPLE APPS: If you are accessing the Site through an application from the Apple App Store, you and HE agree to the following additional terms:

• HE and you acknowledge that this Agreement is concluded between you and HE only, and not with Apple, and HE, not Apple, is solely responsible for the Site and the content thereof. HE and you agree to be bound by the App Store Terms of Service as of the date you enter into this Agreement (which you acknowledge you have had the opportunity to review), including without limitation the Usage Rules (as defined in the App Store Terms of Service) (capitalized terms below have the definitions given to them in the App Store Terms of Service unless otherwise defined herein).
• You may only access the Site on an iOS product that you own or control and only as permitted by the Usage Rules set forth in the App Store Terms of Service.
• To the extent set forth herein or required by applicable law, HE is solely responsible for providing any maintenance and support services with respect to the Site. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Site.
• HE, not Apple, is solely responsible for any product warranties set forth in these Terms, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application to you; provided that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Site, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, if any, will be HE’s sole responsibility, to the extent not disclaimer herein.
• HE and you acknowledge that HE, not Apple, is responsible for addressing any claims by you or any third party relating to the Site or your possession and/or use of the Site, including, but not limited to: (i) product liability claims; (ii) any claim that the Site fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• Apple shall in no way be responsible for any claim (including any related investigation, defense, settlement or discharge thereof) that the Site or your possession and use of the Site infringe any third party’s intellectual property rights.
• If you send SMS messages through the Site, you acknowledge that standard text messaging rates or other carrier charges may apply to such use.
• If you authorize HE to access your Address Book on your iOS product, you acknowledge and agree that HE may access and use such data to invite share job with your contacts.

PRIVACY: Your use of the Site is subject to the HE Privacy Policy.

SECURITY: Your login and password are for your personal use only. You may not reveal your login or password to anyone else or permit anyone else to use your login and password to access the Site. You are responsible for maintaining the confidentiality and security of your login and password and accept responsibility for all activities that occur under your account or password. You must notify HE immediately in the event that the security of your login or password has been breached.

DISCLAIMER: THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Further HE does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials. HE may make changes to the Materials, or the programs, policies or other information described in the Materials, at any time without notice. HE makes no commitment to update the Materials.

LIMITATION OF LIABILITY: IN NO EVENT SHALL HE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE OR THE MATERIALS, OR THE PERFORMANCE OR NON-PERFORMANCE BY HE OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY, EVEN IF HE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.

TERMINATION/ACCESS RESTRICTION: HE reserves the right, in its sole discretion, to modify your access or terminate your access to the Site and the Materials or any portion thereof at any time, without notice.

TERMINATION OF THIS AGREEMENT: All licenses granted herein automatically terminate upon your violation of these Terms of Use, any expiration of this Agreement, or termination of your employment with an HE company, or the termination or expiration of the applicable service agreements. Upon termination of this Agreement, all copies of the Materials in your possession must be immediately returned to HE or destroyed and you must provide HE with a signed letter stating that you have returned or destroyed all such materials. Additionally, your obligations under this Agreement shall survive any termination of this Agreement, including your obligation to keep the Materials confidential.

NOTICES: All notices and other communications permitted or required by the provisions of this Agreement may be given by electronic mail, conventional mail or, if by HE, by posting such notice on this Site. Notice is deemed given upon receipt by you if sent by electronic mail or conventional mail, or immediately upon posting to this Site.

MISCELLANEOUS PROVISIONS: Any claim relating to this Agreement or the Materials shall by governed by the laws of the State of Georgia, United States of America, exclusive of the choice of law rules thereof. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of HE in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. If any part or provision of this Agreement is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in interpretation of this Agreement.

HOW TO CONTACT US: Should you have other questions or concerns about these terms of use, please contact us.