Hotel Traffic Builders, Inc. (“Hotel Traffic Builders”, “HTB”, “our”, “us” or “we”) provides certain Services (defined below in Section 2) via our website, accessible at www.Hotel Traffic Builders.com and other websites launched by Hotel Traffic Builders in connection with the Services (collectively, the “Site”).
Key Content-related Terms
“Hotel Traffic Builders Content” means Content that Hotel Traffic Builders makes available through the Site or Services, including any Content licensed from a third party, but excluding Customer Content.
“Collective Content” means, collectively, Hotel Traffic Builders Content and Customer Content.
“Content” means text, graphics, images, music, software, audio, video, information or other works of authorship.
“Customer” means a person who completes Hotel Traffic Builders’ account registration process, as described under the “Registration” subsection below.
“Customer Content” means Content that a Customer posts, uploads, publishes, submits or transmits to be made available through the Site or Services, excluding End User Data.
1. ACCEPTANCE OF TERMS AND MODIFICATIONS
Thank you for using the Services. Hotel Traffic Builders provides the Services to you, subject to acceptance without modification of all of the terms and conditions contained herein (these “Terms”). These Terms govern your access to and use of the Site, Services and Collective Content and constitute a binding legal agreement between you and Hotel Traffic Builders.IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT ACCESS THE HOTEL TRAFFIC BUILDERS SITE OR USE THE SERVICES OR CONTENT. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICES OR THE SITE, OR DOWNLOADING ANY MATERIALS OR BY COMPLETING ANY REGISTRATION PROCESS VIA THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
We reserve the right, in our sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
2. SERVICES
Hotel Traffic Builders provides Customers with access to a comprehensive collection of hotel marketing resources, including 3rd party online reservation systems integrated with your property’s website, dedicated hotel website, mobile services, social media marketing services and reporting services (collectively, the “Services”). The Services are offered in the product packages referred to as the “Hotel Marketing 4.0 Power Suite” and separately as Hotel Traffic Builder’s individual products and services.
You acknowledge and agree that your use of the Services is dependent upon access to telecommunications and Internet services. You shall be solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software required to access and use the Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to the foregoing. Hotel Traffic Builders shall not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such telecommunications and Internet services.
3. USE OF THE SERVICES
3.1 Registration. In order to access certain features of the Site and Services, you must register to create an account (“Account”) and become a Customer. In consideration of use of the Site and Services, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by our registration form (such information being the “Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete; or Hotel Traffic Builders has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Hotel Traffic Builders has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof).
3.2 Prohibitions. You agree not to post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
You also agree not to:
Use, display, mirror or frame the Site, or any individual element within the Site or Services, Hotel Traffic Builders’ name, any Hotel Traffic Builders’ trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Hotel Traffic Builders’ express written consent; Access, tamper with, or use non-public areas of the Site, Hotel Traffic Builders’ computer systems, or the technical delivery systems of Hotel Traffic Builders’ providers;
Access, tamper with, or use non-public areas of the Site, Hotel Traffic Builders’ computer systems, or the technical delivery systems of Hotel Traffic Builders’ providers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Violate any applicable law or regulation; or Encourage or enable any other individual to do any of the foregoing.
3.3 End User Privacy. In connection with your use of the Services, we will collect certain personally identifiable information about or related to end users or customers (“End Users”) of your website or other online properties (collectively “End User Data”) on your behalf. We will use the End User Data only to provide the Services to you. You represent, warrant and covenant to us that you will (i) use the End User Data in accordance with all applicable laws, including privacy, data protection and data security laws, and (ii) make available a privacy policy to End Users via your offering that is in compliance with all applicable laws, including privacy, data protection and data security laws and that describes in detail your practices related to the collection, use and sharing of End User Data and our collection of and access to End User Data as a third party service provider to you. You agree that such privacy policy will be substantially similar to the sample Privacy Policy at http://www.HotelTraffic Builders.com/Privacy-Policy (the “Sample Customer Privacy Policy”) and that the privacy policy will not substantially deviate from the concepts described in the Sample Customer Privacy Policy.
4. CONTENT
4.1 Licenses Granted by Hotel Traffic Builders to Hotel Traffic Builders Content. Subject to your compliance with the terms and conditions of these Terms, Hotel Traffic Builders grants you a limited, non-exclusive, non-transferable license to view, download and print any Hotel Traffic Builders Content solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Hotel Traffic Builders or its licensors, except for the licenses and rights expressly granted in these Terms.
4.2 License granted by Customer. We may, in our sole discretion, permit Customers to post, upload, publish, submit or transmit Customer Content. By making available any Customer Content on or through the Site or Services, you hereby grant to Hotel Traffic Builders a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Customer Content only in connection with the provision of the Site and Services., Hotel Traffic Builders does not claim any ownership rights in any Customer Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Customer Content.
4.3 Your Responsibilities Related to Your Customer Content. You acknowledge and agree that you are solely responsible for all Customer Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Customer Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Hotel Traffic Builders the rights in such Customer Content, as contemplated under these Terms; and (ii) neither the Customer Content nor your posting, uploading, publication, submission or transmittal of the Customer Content or Hotel Traffic Builders’ use of the Customer Content (or any portion thereof) on, through, in connection with or by means of the Site or Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
4.4 Storage of Your Customer Content. Hotel Traffic Builders shall employ commercially reasonable procedures for storing Customer Content. In the event of any loss or corruption of Customer Content, Hotel Traffic Builders shall use its commercially reasonable efforts to restore the lost or corrupted Customer Content from the latest backup of such Customer Content maintained by Hotel Traffic Builders. Hotel Traffic Builders shall not be responsible for any loss, destruction, alteration, unauthorized disclosure or corruption of Customer Content caused by any third party. HOTEL TRAFFIC BUILDERS’ EFFORTS TO RESTORE LOST OR CORRUPTED CUSTOMER CONTENT PURSUANT TO THIS SECTION 4.4 SHALL CONSTITUTE HOTEL TRAFFIC BUILDERS’ SOLE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY LOSS OR CORRUPTION OF CUSTOMER CONTENT.
4.5 Copyright Policy. Hotel Traffic Builders respects copyright law and expects its users to do the same. It is Hotel Traffic Builders’ policy to terminate in appropriate circumstances Customers or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright Policy at http://www.Hotel Traffic Builders.com/copyright-policy for further information.
5. AGREEMENT TERM / RENEWALS
You as a Customer understand that all one time upfront development costs (for website development, mobile site, reporting center, integration of all 3rd party services, development of advertising and marketing components, etc.) are being waived by Hotel Traffic Builders for all customers participating in our “Hotel Marketing 4.0” program.
This agreement will automatically renew and the end of the service term unless terminated by either party with 120 days advance notice via written notification. You must send a written request to cancel your Account to:
and provide 120 days advance notice. Your cancellation request is only officially fulfilled once you have received a confirmation notice of Account cancellation from.
6. FEES AND ACCOUNT CANCELLATION
6.1 Fees and Payments. In connection your participation in our “Hotel Marketing 4.0” program, you are agreeing to comply with all “Terms Of Service” requirements in return for having all one time upfront development costs (for website development, mobile site, reporting center, integration of all 3rd party services, development of advertising and marketing components, etc.) being waived by Hotel Traffic Builders. You will be required to provide customary payment and billing information such as name and billing address and for your subscription agreement term and monthly payment frequency. You agree to pay prior to the start of each monthly period the applicable subscription fees and any taxes and other fees that may accrue in relation to your use of the Site and Services. The following terms and conditions apply to any purchases made via the Site and Services:
All fees will be paid in U.S. dollars, unless otherwise specified by a Hotel Traffic Builders representative. A valid credit card, bank account information (for e-check direct debit transactions), or upfront annual payment is required for paying accounts.
Except as otherwise expressly set forth in an applicable Sales Order Form, Customer hereby authorizes Hotel Traffic Builders to debit/charge Customer’s account, as applicable, for the amount specified in each accurate Hotel Traffic Builders invoice at any time following Hotel Traffic Builders’ presentment of such invoice to Customer. If Hotel Traffic Builders is unable to debit/credit Customer’s account, as applicable, for the full amount specified in such invoice, then Customer nevertheless shall ensure that such invoice is paid within 10 days after the applicable invoice date.
Subscriptions for use of the Site and Services begin immediately upon registration and creation of an Account or formal engagement with our Customer Success Team.
Except as otherwise agreed to between you and Hotel Traffic Builders in writing on an applicable Sales Order Form, your use of the Services may be billed in two ways: (i) Advance payment on an annual basis for the first year and thereafter billing on an annual or monthly basis; or (ii) Monthly pre-paid payments fulfilled each month over the term of your use of the agreement Services. There will be no refunds or credits for partial months of use of the Services, or upgrade/downgrade refunds.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
For any upgrade or downgrade in plan level for use of the Services, your payment method that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your plan for your use of the Services may cause the loss of Content, features, or capacity of your account.
6.2 Account Cancellation and Termination.
You are solely responsible for properly canceling your Account. To cancel your Account, you must send a written request to cancel your Account to: and provide 120 days advance notice. Your cancellation request is only officially fulfilled once you have received a confirmation notice of Account cancellation from.
After you cancel your Account, all of your Customer Content will be stored for up to thirty (30) additional days and then immediately deleted. Customer Content cannot be recovered after this period. Accordingly, you understand and agree that you are solely responsible for obtaining your Customer Content from the services after any Account cancellation.
If any fees owed in connection with your use of the Services have not been paid after thirty (30) days from the due date of such fees, Hotel Traffic Builders reserves the right to suspend or cancel your Account upon five (5) business days’ prior notice to you. You agree that if your agreement term time period is not fulfilled that you will be responsible for all waived up front one time fees on a pro-rated basis.
6.3 Fees and Payments – Policies
Our services will appear on your credit/debit card statement as Hotel Traffic Builders or HTB Fee or Hotel Traffic Builders Services. You agree not to file a credit card or debit card chargeback with regard to any payment and instead abide by the dispute resolution procedures outlined below. In the event that you breach this agreement and file a chargeback, upon a resolution in our favor of the chargeback by either the credit card issuing bank, the credit card processor or by VISA, MASTERCARD or AMEX you agree to reimburse us for any costs incurred in researching and responding to such chargeback, including without limitation, our actual costs paid to the credit card processor or our banks, other third parties, and the reasonable value of the time of our employees and owners spent on the matter, as determined in our discretion in good faith. You further agree that all dispute resolution procedures below will be deemed waived by you, and that these amounts will be added to the original amount of your amount due, and that this total amount will then be immediately due and payable. If your chargeback is upheld, you agree to pay all of the same costs, in addition to the original purchase price, but we will use the dispute resolution procedures below to confirm and collect such amounts.
In the event that a chargeback is placed or threatened on any payment, we also reserve the right to report the incident for inclusion in chargeback abuser database(s) of our choosing and in our sole discretion. The information reported will include name, email address, order date, order amount, IP address, full address, and phone number. Being listed on such databases may make it more difficult or even impossible for you to use (any of) your credit card(s) on future purchases with us or other merchants. Chargeback abusers wishing to be removed from the database shall make payment to us for any outstanding amount owed to us + $50 for processing and handling by wire transfer or such other means as we may require.
7. DATA, CONTENT, TRADEMARK & TECHNOLOGY OWNERSHIP
All customer trademarks, data, including all customer text content and customer owned media belong to customer. The Site Technology, Services, Application, Technology Applications and Collective Content are owned by “HTB” are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Hotel Traffic Builders and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Collective Content. Notwithstanding the foregoing, as between you and Hotel Traffic Builders, you as a Customer own any Customer Content that you provide via the Services.
7.2 Photography copyrights and ownership of photos
All photography copyrights expressed and implied otherwise, always belong to the actual photographer and/or photography company who created the photographs, with end clients having usage rights to the photographs as contracted. This applies to all photographs created by “HTB”, as we provide a limited license in which the client may use the photos for any direct marketing purpose they wish provided they do not violate the copyright by selling, leasing or gifting the photos to any third parties. “HTB” copyrighted photography usage licenses are clearly restricted to defined time periods than within our Hotel Marketing service agreement. If the client wishes to have ownership and copyright transferred it may be purchased at an amount to be determined by the project’s size and scope. Your acknowledge that HTB copyright materials, including copyright photography can be used outside of our Hotel Marketing service agreement without agreed upon written usage rights agreement.
8. PRIVACY
See Hotel Traffic Builders’ Privacy Policy at https://www.hoteltrafficbuilders.com/Privacy-Policy for information and notices concerning Hotel Traffic Builders’ collection and use of your
9. DISCLAIMERS
THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HOTEL TRAFFIC BUILDERS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HOTEL TRAFFIC BUILDERS MAKES NO WARRANTY THAT THE SITE, SERVICES OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HOTEL TRAFFIC BUILDERS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR COLLECTIVE CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HOTEL TRAFFIC BUILDERS OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
10. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER Hotel Traffic Builders NOR ANY OTHER person or entity involved in creating, producing, or delivering the Site, Services or Collective Content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS arising out of or in connection with THESE TERMS or from the use of or inability to use the SITE, SERVICES OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not HOTEL TRAFFIC BUILDERS has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
In no event will Hotel Traffic Builders’ aggregate liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO HOTEL TRAFFIC BUILDERS FOR USE OF THE SITE, SERVICES OR COLLECTIVE CONTENT DURING THE DISPUTE TIME PERIOD CLAIM GIVING RISE TO LIABILITY. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HOTEL TRAFFIC BUILDERS AND YOU.
11. INDEMNIFICATION
You agree to defend, indemnify, and hold Hotel Traffic Builders, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Collective Content, or your violation of these Terms.
12. GENERAL PROVISIONS
These Terms constitute the entire and exclusive understanding and agreement between Hotel Traffic Builders and you regarding the Site, Services and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Hotel Traffic Builders and you regarding the Site, Services and Collective Content. You may not assign or transfer these Terms, by operation of law or otherwise, without Hotel Traffic Builders’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Hotel Traffic Builders may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. These Terms and any action related thereto will be governed by the laws of the State of Florida without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in Broward County, Florida and each of the parties hereto waives any objection to jurisdiction and venue in such courts. All trademarks, service marks, logos, trade names and any other proprietary designations of Hotel Traffic Builders used herein are trademarks or registered trademarks of Hotel Traffic Builders. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
13. THIRD PARTY AGREEMENTS
If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Services, such activity is solely between you and the applicable third party. Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such thirty party merchant or advertiser. YOU UNDERSTAND AND AGREE THAT Hotel Traffic Builders shall have no liability, obligation or responsibility for any such activity AND THAT HOTEL TRAFFIC BUILDERS IS NOT A PARTY TO ANY RELATIONSHIPS BETWEEN YOU AND ANY THIRD PARTY. YOU AGREE THAT HOTEL TRAFFIC BUILDERS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY DEALINGS WITH THIRD PARTIES.
14. THIRD PARTY LINKS
The Site and Services may include, or third parties may provide, links to other websites or resources. Because Hotel Traffic Builders has no control over such websites and resources, you acknowledge and agree that Hotel Traffic Builders is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT HOTEL TRAFFIC BUILDERS SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH WEBSITE OR RESOURCE.
15. DISPUTE RESOLUTION
You and Hotel Traffic Builders agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Hotel Traffic Builders are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Hotel Traffic Builders otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Florida and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Hotel Traffic Builders otherwise agree, the arbitration will be conducted in Broward County, Florida.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Changes. Notwithstanding the provisions of these Terms, if Hotel Traffic Builders changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to ) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Hotel Traffic Builders’ email to you notifying you of such change.
16. BREACH OF TERMS OF SERVICE.
If you breach any of these Terms, Hotel Traffic Builders will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Hotel Traffic Builders reserves the right to revoke your access to and use of the Site, Services and Collective Content at any time, with or without cause. In the event Hotel Traffic Builders terminates these Terms for your breach, you will remain liable for all amounts due hereunder.
Please report any violations of the Terms to us at
17. FEEDBACK.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
18. NOTICES.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Hotel Traffic Builders: (i) via email (in each case to the address that you provide); or (ii) by posting to the Site or via the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
If you have any questions about the Site, Services or these Terms, please contact Hotel Traffic Builders at.
