Last Updated: April 5, 2022
THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS. PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE PRIOR TO EXPLORING OUR WEBSITE. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE. PLEASE READ THESE TERMS AND THE ARBITRATION PROVISION SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS.
Section 1 – Introduction & Consent to Terms.
Welcome to Hudson Hospitality Ventures LLC, a California limited liability company aka Hotel Operations (referred to herein as “HotelOperations.com”, “we”, “us”, or “our”) Terms Conditions of Use Agreement (referred to herein as the “Terms”). HotelOperations.com is engaged in creating and distributing various educational and informational content in the hotel and hospitality industries (our “Services”).
If you do not agree to these Terms, we ask that you please not use our Website. Your use of our Website constitutes explicit acceptance of these Terms.
These Terms apply to all users of our website, www.HotelOperations.com (our “Website”), our mobile website, and our social media accounts. By using our Website, you agree to be bound by these Terms.
If you are using our Website on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or the entity violates these Terms.
We reserve the right to modify the contents of these Terms at any time. You agree that it is your responsibility to monitor changes to these Terms. Any modification to these Terms will be notated at the top of these Terms and will be binding as of the time it is posted on our Website.
If you subscribe to our HotelOperations.com emails, download or use one of our free reports or guides, you explicitly agree that we may use any information we collect from you or information you provide to us in connection with our Services and other reasons such as data analysis, developing new services, sending marketing campaigns, creating or distributing our blogs or other content, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our campaigns and any reasonable reason(s) connected to our business purposes, now or hereinafter adopted.
Section 3 – Disclaimer & Eligibility.
We do not offer professional advice of any kind. All information provided on our Website is informational in nature, if general information, is not specifically tailored for your situation, and is not to be solely relied upon by you or any third parties. The information and other content we create and post on our Website is meant to be used by you or a third party as a supplemental or introductory information source, or as a preview of the other Services we offer. If you rely on the information contained on our Website, you do so at your own risk.
HotelOperations.com is not and does not claim to be an expert in the hospitality industry. Instead, we work with industry leaders and utilize surveys, some of which are from the general public, to create hospitality-related content so that our readers can gain valuable insights into the hospitality industry.
By using our Website, you hereby acknowledge and agree that (a) HotelOperations.com is not a licensed financial entity or professional; (b) HotelOperations.com is not in the business of providing financial, legal, tax, or accounting services; (c) while HotelOperations.com may host the ideas, opinions, tools, or tricks of third-parties on our Website, none of the information conveyed by these persons is intended to provide professional financial advice or services; (d) all information conveyed by third-parties on our Website is provided for general informational purposes only; and (e) any information used by you from our Website is used at your own risk. If you are looking for financial, tax, or other professional advice, we recommend that you speak with a licensed financial professional, which HotelOperations.com is not.
Our Services are not meant to be used by anyone under the age of eighteen (18) and we do not target persons under this age to provide our Services.
Section 4 – Free Guides, Reports and Studies
On our Website, we provide a number of free reports, interviews, and studies for download or reading. Unless otherwise agreed, HotelOperations.com grants you a revocable, non-exclusive, and limited license to download or read our free reports, interviews, and studies for your own personal use or informational purposes only. Use of any information obtained in our free reports, interviews, and studies is at your own risk.
OUR free reports, interviews, and studies ARE provided TO YOU ‘as is’ and, to the extent permitted by applicable law, HotelOperations.com and OUR OWNERS, employees, agents, representatives, and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose.
We expressly disclaim any liability for loss or damage sustained by you as a result of accessing and usING OUR free guides, reports, and studies.
Section 5 – HotelOperations.com Intellectual Property.
The contents of our Website are protected by United States and international copyright laws. The contents of our Website are owned exclusively Hudson Hospitality Ventures LLC or licensed to us. You may not, and may not cause or encourage others to, reproduce, distribute, display, sell, transfer, assign, license or use for commercial purposes any copyrighted material on our Website (the “Intellectual Property”) without our prior written consent. All rights not expressly granted in these Terms are reserved to Hudson Hospitality Ventures LLC.
HotelOperations.com and its name, logos, slogans, or otherwise are trademarks or service marks (“Marks”) of Hudson Hospitality Ventures LLC. All rights in these Marks are reserved for Hudson Hospitality Ventures LLC. You may not use any HotelOperations.com-provided Marks or other logos or graphics, without our prior written consent.
We grant you a limited, revocable, non-transferable and non-exclusive license to access and make personal use of our Website. This limited license does not include the right to: (a) republish, redistribute, transmit, sell, license or download the Website or any and/or all content except as is necessary to view and/or use our Website; (b) make any use of the Website or any and/or all content other than uses consistent with the Services or exploring the Services; (c) modify, reverse engineer or create any derivative works based upon either the Website or any and/or content; (d) collect account information for the benefit of yourself or another party; or (e) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
Any unauthorized use by you of the Website automatically terminates this license without prejudice to any other remedy provided by applicable law or these Terms.
Section 6 – Your Submissions.
When you send us ideas, concepts, strategies, programs, or other submissions of any kind related to our current, future, or potential Services (“Submissions” or a “Submission”), you understand that we are under no obligation of confidentiality whatsoever regarding your Submission(s) and can use them, at our discretion, but nothing in here requires us doing so.
By submitting a Submission to us via our Website, email, or otherwise, you hereby grant to HotelOperations.com an irrevocable, limited, royalty-free, worldwide license to use your Submission on our Website or otherwise in connection with our Services. You acknowledge and agree that no compensation will be provided for the license granted in this paragraph and you accept the consideration of providing you access to our Website as consideration for this license.
HotelOperations.com shall take and bear no responsibility and assume no liability for any Submission submitted by you, including for any claims brought by third parties alleging a form of intellectual property claim. By submitting a Submission to us, you hereby acknowledge and agree that you will indemnify and hold harmless HotelOperations.com and our agents, employees, owners, parents, subsidiaries, affiliates, and similarly situated companies or persons from any claims, demands, actions, proceedings, or similar from any third-party intellectual property matter(s).
Section 7 – Copyright Infringement.
If you believe that your copyright has been infringed by HotelOperations.com, please immediately send us a notice via the contacts located on our Website. We respond to notices of copyright infringement immediately and take any such allegations seriously.
In your email, please include the following:
- Identification of the copyrighted work(s) that you claim has been infringed;
- A description of the material that you claim is infringing and the location of that material;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
HotelOperations.com respects the intellectual property rights of others and will respond expeditiously to all complaints, in accordance with the Digital Millennium Copyright Act, the full text of which can be found here: http://www.copyright.gov/legislation/dmca.pdf.
Section 8 – Term & Errors.
These Terms will remain active and in full force and effect so long as they are posted on our Website.
Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to descriptions, availability, Services, etc. We reserve the right to correct any errors, inaccuracies, or omissions at any time, with or without notice to you.
Section 9 – Disclaimer.
OUR website AND SERVICES are provided ‘as is’ and, to the extent permitted by applicable law, HotelOperations.com and its directors, officers, employees, agents, representatives, licensors, and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose.
We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of our website or our services.
Section 10 – Limitation of Liability.
HotelOperations.com shall not be liable for delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligations under these Terms.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED TWENTY DOLLARS ($20.00).
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF OUR WEBSITE, OUR SERVICES, OR THESE TERMS MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
Section 11 – Indemnification.
You agree to defend, indemnify and hold HotelOperations.com, its agents, employees, directors, officers, owners, and affiliates harmless from any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand arising from (i) your use of our Website, or any content on or connected to our Website; or (ii) your breach of these Terms.
Section 12 – FTC Disclosures
Please be advised that: (i) we may run advertisements on our Website from persons or entities who may provide us compensation if you click on a link contained on our Website; and (ii) we may receive compensation from persons or entities who advertise their products or services on our Website.
Please be advised by permitting sponsors on our Website does not necessarily mean that we endorse these products or services, or that we stand behind the personal actions of their CEO’s or other agents.
Section 13 – General Provisions.
- Entire Agreement. These Terms contains the entire agreement between you and HotelOperations.com.
- Waiver. The failure by HotelOperations.com to enforce any provision of these Terms shall not be construed as a waiver or limitation of our right to subsequently enforce and compel strict compliance with every provision of these Terms.
- Assignment. You may not assign, pledge, delegate, or otherwise transfer any of your rights or obligations under these Terms without HotelOperations.com prior written consent.
- Relationship. Nothing in these Terms shall create, or is intended to create an agency, employment, franchise, joint venture, or partnership relationship between you and HotelOperations.com.
- Applicable Law/Dispute Resolution/Arbitration. This Agreement shall be governed by the laws of the State of California. Any dispute arising from this Agreement shall be subject to binding arbitration. The prevailing party in any dispute shall be entitled to recover its/his/her reasonable attorney’s fees and costs. The governing rules shall be the rules, then-implemented, by the American Arbitration Association commercial division. HotelOperations.com and you agree that any such final decisions may be presented to a court of competent jurisdiction for purposes of being confirmed as a judgment enforceable under the law in which that party is domiciled or where their headquarters are located. Should either party forego arbitration, that party shall be barred from recovering their attorneys’ fees or costs.
- Class Action Waiver. To the extent permitted by applicable law, you and HotelOperations.com agree that any dispute arising out of these Terms or our Website is personal to you and HotelOperations.com and that any disputes, if any, will be resolved solely through individual arbitration, and will not be brought as a class arbitration, class action or any other type of similar proceeding.
- Notices. All notices should be sent in writing to the contact listed on our Website.
- Severability. If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If an arbitrator or panel of arbitrators finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
- Updates. We recommend that you check the Terms periodically for updates.