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HAPP FOR HOTELS APP – TERMS OF USE

By using this application (the “App”) you agree to be bound by these Terms of Use (the “Terms of Use”). If you do not agree to be bound by these Terms of Use, do not proceed any further and do not use this App. These Terms of Use constitute a binding agreement between HAPP FOR HOTELS, LLC (“Happ”) and you with respect to the use of this App.

 

We reserve the right to modify these Terms of Use at any time. You should check these Terms of Use periodically for changes. By using this App after we post any changes to these Terms of Use, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms of Use of use, please do not use this website.

 

  1. GENERAL DEFINITIONS. The terms “Happ,” “we”, “us”, and “our” refer to HAPP FOR HOTELS, LLC, a Florida limited liability company, and its subsidiaries and affiliates (collectively, “Happ”). The term “Services” refers to the services provided by us hereunder and this application for use on mobile devices such as smart phones and tablets known as “HAPP for Hotels” (the “App”). The terms “you”, “your”, and “yours” refer to the individual or company registering for or using the Services offered by us on this App. The term “Affiliate” means and refers, with respect to any person or entity, any officer, director, manager, member, shareholder, employee, agent, representative or contractor of such person.

 

  1. USE OF THE APP.

 

  1. You represent and warrant that you have all the right, power, and authority to enter into these Terms of Use and accept and be bound by the Terms of Use contained herein. This App is intended for use by adults only and, if you are not over 18 years of age, then you are not permitted to use this App and do not have our consent to use this App.

 

  1. You may activate the Services by downloading the App onto your mobile device or tablet and entering the unique code provided to you by the Hotel.

 

  1. You agree to use this App as provided herein. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the functionality of this App. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, scrape, or copy this App or information contained therein, or any aspect of this App, without our prior express consent. Furthermore, you agree that you will not use this App for any purpose that is illegal, unlawful, or prohibited by these Terms of Use. You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict tamper, or otherwise affect the proper operation of this App in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program. You may not use this App in any threatening, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner. We reserve the right in our sole discretion to revoke or deny your access to this App, including, without limitation, if you violate any of the provisions of these Terms of Use.

 

  1. This App may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to certain portions of this App (“access codes”). You are entirely responsible for maintaining the confidentiality of your access codes and for all activities that occur under your account. We reserve the right to immediately terminate your account in our sole discretion and without prior notice to you wherever there is a reason including, for example, if you violate any part of these Terms of Use.

 

  1. SCOPE OF TERMS OF USE.

 

  1. These Terms of Use apply to your use of this App and any other application or website that we may own or operate in the future (collectively, the “App”).

 

  1. You acknowledge and agree that this App is intended for the exclusive use at the hotel (the “Hotel”) that provided you with an access code and by that Hotel’s victors and guests. You acknowledge and agree that we have no relationship with the Hotel other than to provide this App for use by the Hotel and its visitors and guests. YOU ACKNOWLEDGE AND AGREE THAT NEITHER HAPP NOR ITS AFFILIATES IS RESPONSIBLE FOR ANY OF THE SERVICES PROVIDED BY THE HOTEL OR FOR THE ACTS OR OMISSIONS’ OF THE HOTEL OR ANY OF ITS AFFILIATES. NEITHER HAPP NOR ITS AFFILIATES WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM OR RELATING TO ANY ACT OR OMISSION OF THE HOTEL OR ANY OF ITS AFFILIATES. IN THE EVENT A DISPUTE ARISES BETWEEN THE HOTEL AND YOU, YOU HEREBY RELEASE HAPP AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS, INCLUDING WITHOUT LIMITATION ATTORNEY’S FEES, LOSS OR DAMAGE OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.

 

  1. The contents of this App are protected by national and international copyright and trademark laws and are the property of Happ. You may not change or delete any author credit, trademark, legend, proprietary or copyright notice. You must follow and observe all additional copyright notices or other restrictions contained in any parts of this App. Happ hereby grants you a non-exclusive, non-transferable, limited right to access and use this App and the Services for your own personal or your internal commercial use only. You agree not to interrupt, or attempt to interrupt, the operation of this App in any way. We reserve the right to restrict your access to part or all of this App (including any password protected areas) at any time without notice or liability.

 

  1. Limited Warranty. THE APP IS PROVIDED HEREUNDER ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HAPP NOR ITS AFFILIATES WARRANT THAT THE APP WILL MEET CUSTOMER REQUIREMENTS, PROVIDE UNINTERRUPTED USE, OR OPERATE AS REQUIRED, WITHOUT DELAY, OR WITHOUT ERROR. NEITHER HAPP NOR ITS AFFILIATES WARRANT THAT ANY COMMUNICATIONS WILL BE TRANSMITTED IN UNCORRUPTED FORM. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF PERFORMANCE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY DISCLAIMED AND EXCLUDED UNLESS OTHERWISE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.

 

BY ACCEPTING THESE TERMS OF USE, YOU WAIVE ALL CLAIMS AGAINST US FOR INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY BETWEEN THIS APP AND ANY OTHER SERVICE, SYSTEMS, OR EQUIPMENT OWNED, OPERATED, OR USED BY YOU AND/OR THE HOTEL. IN THE EVENT OF SUCH INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY, YOUR SOLE REMEDY SHALL BE TO CEASE USING THIS APP.

 

  1. Limitation of Liability. Neither Happ nor its Affiliates shall be liable for any incidental, indirect, special, exemplary, consequential or punitive damage or other similar type of damages, including, but not limited to, damages or costs incurred as a result of loss of time, loss of savings, loss of data, loss of profits, loss of goodwill, loss of business opportunities or software error, whether foreseeable or unforeseeable, that may arise out of or in connection with these Terms of Use, including but not limited to, damages or costs resulting from the use of or inability to use the App by Client or any third party, whether such liability is based on contract, tort, warranty, negligence, strict liability, products liability or otherwise. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, HAPP’S LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNT PAID BY UNDER THESE TERMS OF USE.

 

  1. You agree to indemnify, defend and hold Happ and its Affiliates harmless from any claim, demand, action, cost and expense, including reasonable attorneys’ fees, due to or arising out of the following events: (i) your breach of any provision of these Terms of Use; (ii) your use of the App; (iii) any violation of any rights of any third party, including, but not limited to, the Hotel.

 

  1. At its sole and absolute discretion, Happ may (i) modify, improve, or discontinue the App at any time; or (ii) terminate your access to the App for any reason whatsoever.

 

  1. Governing Law; Venue. These Terms of Use shall be construed and enforced under the laws of the State of Florida, applicable to contracts executed and performed within Florida. You specifically agree and submit to the jurisdiction of the State and Federal Courts situated in the state and federal courts located in Miami-Dade County, Florida. and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this App. You will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. You agree that you will not file or participate in a class action against us. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract..

 

  1. Intellectual Property Rights.
    1. We own and retain any and all rights in, and to, the App, the App, and any and all rights and interest in any intellectual property rights appurtenant thereto, including, but not limited to, any and all proprietary information, software, codes, specifications, metrics, customizations, designs, processes, techniques, concepts, improvements, discoveries and inventions, including, without limitation, any modifications, improvements or derivative works thereof and all works of authorship or inventions created, invented, reduced to practice or delivered by us or any third party either solely or jointly with others, that arise from or are related to these Terms of Use or the use of the App by Client or any other person (collectively, “Intellectual Property”).
    2. You acknowledge and agree that neither these Terms of Use, nor the use of the App by you, shall cause any right, title, or interest to vest in you or any other person or entity except as provided herein. We reserve any and all rights to the App and any Intellectual Property unless otherwise granted by us as provided herein.
  2. No waiver of any of the provisions of these Terms of Use in any one instance shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

 

  1. In the event that any part of these Terms of Use shall be declared invalid, void or unenforceable, the remainder of the provisions of these Terms of Use shall remain in full force and effect, and each term and provision shall be subject to enforcement to the maximum extent permitted by law, provided that this does not result in failure of the essential purpose of these Terms of Use for either side.

 

  1. No part of these Terms of Use shall create an independent contractor, partnership, joint venture, or agency relationship between the parties.

 

  1. We reserve the right to modify and amend these Terms of Use at any time. You continued use of the App shall constitute your consent to such amendment.

 

If you have questions about these Terms of Use please send an e-mail to info@happforhotels.com.