Open Hospitality's Website Terms of Use:

Your access to, and use of, this Website is subject to the following terms and conditions ("Terms of Use") as well as any and all applicable laws, rules, regulations and treaties. By accessing and using the Website, you expressly acknowledge and agree that you understand and accept, without any limitation or qualification, each and every provision and condition of the Terms of Use set forth hereinbelow. IF, FOR ANY REASON, YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.

Introduction

This Website is owned and operated by Open Hospitality, Inc. (sometimes hereinafter “Open Hospitality”, “we, “us” and/or “our”) which has its worldwide corporate headquarters at 270 Madison Avenue, 19th floor, New York, NY 10016. Our main telephone number is 212.989.7227. Our main facsimile number is 212.989.1771.

Changes to Terms of Use

We expressly reserves the right, in our sole and absolute discretion, to modify, alter or otherwise update these Terms of Use ("Revised Terms of Use”), in whole or in part, at any time, without prior notice. Each time there is a change or modification to the Terms of Use, we will note the date of the revision and such Revised Terms of Use shall be effective immediately upon posting, and shall thereafter govern your rights and our obligations with respect to the access to, and use of, this Website. It is your responsibility to check the Website each time you seek to access and/or use it in order to determine if the Terms of Use have been changed, modified, amended or supplemented. You understand, acknowledge and agree that your continued access to and use of the Website subsequent to the posting of any such Revised Terms of Use signifies your agreement with same.

Privacy Statement

Please read our Privacy Statement which governs the types of information we collect from visitors to the Website as well as how we use, process and store such information. The Privacy Statement is incorporated, by reference, into these Terms of Use. You understand and acknowledge that by accessing and using the Website, you agree to the collection, use, processing and storage of such information pursuant to the provisions of the Privacy Statement.

Copyright

The Website contains information, data, software, photographs, logos, designs, typefaces, graphics and other materials (collectively, “Content”) which is owned by Open Hospitality, it subsidiaries, affiliates and/or agents or other third-parties, including suppliers, clients, vendors and licensors. The Content is protected by numerous United States and, in certain cases foreign, laws, rules, regulations and treaties, including without limitation, those relating to copyright, trademark, patent and trade secret (collectively, “Laws”). Subject to the aforesaid Laws and these Terms of Use, you are granted a limited, non-exclusive and fully revocable right to access the Website for your own personal and non-commercial use. You may not, in any manner or medium, modify, transmit, distribute, reuse, repost, augment, create derivative works from, frame or otherwise use the Content on the Website for commercial purposes without the express written consent of Open Hospitality. Please be advised that we are fully committed to the vigorous protection and enforcement of our intellectual property rights and will seek to aggressively enforce same to the fullest extent permitted by law, including criminal prosecution where warranted and available.

Copyright Complaints and Copyright Agent

Open Hospitality respects the intellectual property rights of third-party individuals and entities. Accordingly, if you have a good faith belief that one of your copyrights has been infringed via the posting, display and/or storage of any such work on the Website, please submit a notification, which includes, at a minimum, the following information, to Open Hospitality's Copyright Agent pursuant to the Digital Millennium Copyright Act (“DMCA”):

A copy or description of the copyrighted work that you claim has been infringed;
A detailed description of where the alleged infringing work is posted on our Website;
A statement by you that you believe, in good faith, that the use on the Website is not authorized or permitted by the copyright owner, its agent or the law;
A statement by you, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the copyright owner and that all information in your notice is accurate; and
Your address, telephone number and email address.

Your notice should be sent to: General Counsel, Open Hospitality, Inc., 270 Madison Avenue, 19th floor, New York, NY 10016; (P) 212.989.7227, (F) 212.989.1771; email: legal@openhospitality.com.

Trademarks and Servicemarks

The trademarks and servicemarks appearing throughout the Website (including without limitation, Open Hospitalitysm and the Open Hospitalitysm logo design)(collectively, the “Trademarks”) are owned by Open Hospitality, its subsidiaries, affiliates, agents, partners and/or other third-parties. Nothing on the Website or in these Terms of Use (or our Privacy Statement) is intended, and should not be construed or deemed, in any manner, to grant, by implication, estoppel, or otherwise, any right, title or license to use, copy, modify or alter any of the Trademarks on the Website without the express written permission of Open Hospitality and/or such third-party owner. Any misuse of the Trademarks or any other Content displayed on the Website is STRICTLY PROHIBITED.

No Warranty

Any access and use of the Website is AT YOUR OWN RISK. While OPEN HOSPITALITY uses reasonable efforts to include accurate, complete and up-to-date information on the Website, we make no guarantee, warranty or representation as to the accuracy of any such information. Accordingly, OPEN HOSPITALITY assumes no liability for any errors, mistakes or omissions in the Content posted to the Website. Without limiting the foregoing, everything on the Website is provided to you "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS OF USE, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE, OUR SUBSIDIARIES, AFFILIATES OR OTHER RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE WARRANT THAT THE FUNCTIONS CONTAINED HEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND/OR CORRECTION OF YOUR SYSTEM. THE CONTENT THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. NONE OF OPEN HOSPITALITY, ITS SUBSUDUARUES, AFFILIATES AND/OR AGENTS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONSULTANTS VENDORS, LICENSORS, SUPPLIERS OR INSURERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM, IN CONNECTION WITH, OR OTHERWISE ARISING OUT OF, IN THE BROADEST SENSE, YOUR ACCESS TO AND/OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, YOUR TRANSMISSION OF INFORMATION TO US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND OUR SUBSIDIAIRES, AFFILIATES AND AGENTS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, DAMAGES OR EXPENSE ARISING OUT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, LOSS OR ALTERATION OF, ANY PERSONAL RECORDS OR INFORMATION TRANSMITTED TO AND/OR USED OR STORED BY US, OR THE RELIANCE UPON, BY YOU OR ANYONE ELSE, OR USE OF DATA, INFORMATION, OPINIONS OR OTHER CONTENT AND MATERIALS APPEARING ON THIS WEBSITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE AND OUR SUBSIDAIRES, AFFILIATES AND AGENTS ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS, USERS, CLIENTS, SUBSCRIBERS OR THIRD PARTIES. IN ADDITION, OPEN HOSPITALITY AND ITS SUBSIDIARIES, AFFILIATES AND AGENTS ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE, IN ANY MANNER, FOR ANY VIRUS OR OTHER DEFECT OR DAMAGE THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF DATA ARISING OUT OF OR RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, TEXT, PHOTOGRAPHS, IMAGES, VIDEO, AUDIO OR ANY TOHER CONTENT OF ANY KIND. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Termination of Rights

OPEN HOSPITALITY may at any time terminate your right to access and use the Website at its sole discretion if you fail to comply with any provision or condition of these Terms of Use. Upon termination of such access or use, you must destroy any and all Content obtained from this Website as well as copies thereof, and if requested, certify to us in writing that you did in fact destroy all such copies.

Indemnification

Jurisdiction and Choice of Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts law. You agree that any dispute arising from or relating in any manner to the Website will be brought exclusively in the Federal or State courts located in the State of New York and you irrevocably agree to submit to the jurisdiction of such courts. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.