- 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.
- USE OF THE APP.
- 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.
- 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.
- 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.
- 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.
- 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.
- Intellectual Property Rights.