Legal

Terms of Use

January 2011

This page states the “Terms of Use” for the www.hftp.org Website and the “The Hospitality Professionals Blog” or any web page, features, or services available through the HFTP (collectively referred to as “the Services”). Please review our Privacy and Legal statements. By accessing, viewing, downloading or otherwise using the Services, you agree to be bound by the terms of these Terms of Use. The HFTP may revise these Terms of Use at any time by updating this posting. The terms “You” and “User” are used to refer to anyone who is accessing, viewing, downloading or otherwise using the Services. If user is using the Services on behalf of a company or other legal entity, such entity may have a separate agreement with the HFTP, but user are nevertheless individually bound by these Terms of Use. If user does not wish to be bound by these Terms of Use, do not join The Hospitality Professional’s Blog subscription and does not access, view, download, or otherwise use any of the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If user do not agree to be bound by the terms of this Agreement, user may not use nor access our services.

Acceptable Site Use

(a) Copyright and Proprietary Rights
The entire contents of the Services, including the text, graphics, images, logos, button icons, HTML code, and other “Material” are copyrighted by the HFTP under the copyright laws of the United States. User agrees not to remove or obscure copyright notices appearing anywhere in or on the Services. HFTP grants no copyright or ownership interests to User for any of the material and proprietary information referred herein belonging to HFTP. Permission to use content may be granted in special circumstances on a case-by-case basis. Please direct any request to use content to membership@www.hftp.org.

(b) Name and Logo
User agrees not to use the name of HFTP or its logo for any promotional or commercial purpose or any other purpose without the prior written consent of HFTP.

(c) Prohibited Use

User agrees not to modify, alter, or create derivative works of the material contained in or on the Services without prior written permission from HFTP.

User agrees not to post any false or inaccurate biographical information, delete or change any information posted by another person, and share User’s password with any third party.

User agrees not to do anything that interferes with the proper working ability of the Services. This includes activity that can overload the Services’ infrastructure, use of software or other device other than that which is available from the Society, tampering with the software that makes up the Services, and destroying or changing information posted by any other person.

User agrees to comply with all applicable laws, as well as with these Terms of Use. User agrees not to engage in any commercial activity.

User may not post material that is copyrighted without first obtaining proper written consent from the copyright owner.

(d) Website Security

Users are prohibited from violating or attempting to violate the Services’ security.

User Submissions

User does not have to submit anything, but if user selects to submit something (including any user-generated content, ideas, concepts, techniques and data, user must grant, and user actually grants by agreeing to these Terms of Use, a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicense, fully paid up, and royalty-free right to HFTP to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that user submit to the HFTP, without any further consent, notice and/or compensation to user or any third parties. By submitting any information to the HFTP, user represents and warrants that the submission is accurate to user’s best knowledge, not confidential, and not in violation of any contractual restrictions or other third party rights. HFTP is under no obligation to exercise control over any content user or others submit when using the Services.

User Conduct

User understands and agrees not to use the Services:

• To post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
• Use the Services for any illegal purpose, including but not limited to conspiring to violate laws.
• Falsely state, impersonate, or otherwise misrepresent user’s identity, including but not limited to the use of a pseudonym, or misrepresenting user’s current or previous positions and qualifications, or user’s affiliations with a person or entity, past or present.
• Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that user do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
• Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Stalk or harass anyone.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services.
• Post content in fields that aren’t intended for that content. Example: Putting an address in a name or title field.
• Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.

Eligibility

User represents and warrants that user (a) has not previously been suspended or removed from the Services; (b) does not have more than one account at any given time; (c) has the full power and authority to enter into these Terms of Use and in doing so will not violate any other agreement to which user is a party. HFTP may refuse service without prior notice to any user for any or no reason.

Registration and Password

Users are responsible for maintaining the confidentiality of their information and password. User is responsible for all use associated with user’s registration and the compliance with all Terms of Use. User is prohibited from selling, trading or otherwise transferring user account or any information therein to another party or charging anyone for access to the Services. If user knowingly provides login and password information to another person, user account privileges may be suspended temporarily or terminated. User agrees to immediately notify HFTP of any unauthorized use of password or account or any other breach of security.

Forums/Blogs/Chat Rooms

HFTP may include various forums, blogs, and chat rooms where users may post observations and comments on designated topics. HFTP cannot guarantee that others will not use the ideas and information that is so shared. Therefore, if users have an ideas or information that should be kept confidential and/or that should not be used by others, do not post such information or ideas.

HFTP IS NOT RESPONSIBLE FOR THE MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION THAT USER SUBMITS OR ANY DAMAGES OR OTHER INJURY OF ANY KIND.

Privacy Statement

Please review the Privacy Statement associated with these Terms of Use.

Termination of Account

HFTP reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of User’s submissions. In addition, HFTP may, with or without cause, immediately terminate User’s account and access to the Services without prior notice. Without limiting the foregoing, the following will lead to a termination by HFTP of a user’s use of the Services (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by user (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of user account includes removal of access to all offerings within the Services and may bar user from further use of the Services. HFTP shall not be liable to user nor any third party for any termination of user account or access to the Services.

Waiver of Liability

HFTP does not screen or censor the user-generated content made available through the Services. HFTP is NOT LIABLE for any content on the Services. User assumes all risks associated with dealing with other users with whom User comes in contact through the Services. Should a dispute arise between user and another user, user hereby agrees to release HFTP from all claims, demand, and damages associated with such a dispute.

Waiver of Warranties

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO USER.

DO NOT RELY ON THE SERVICES, ANY INFORMATION THEREIN, OR ITS CONTINUATION. HFTP PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. HFTP DOES NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HFTP DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONIFRINGEMENT.

HFTP IS NOT RESPONSIBLE, AND MAKES NO RERPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES.
THE CONTENT THAT IS POSTED ON THE SERVICES MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. HFTP MAKES NO REPRESENTATION ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES OR THE CONTENT POSTED.

HFTP DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES THEIR SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MERCHANISMS. IF USER’S USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, HFTP IS NOT RESPONSIBLE FOR THOSE COSTS.

Disclaimer of Consequential Damages

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO USER.

IN NO EVENT SHALL HFTP OR ANY THIRD PARTIES MENTIONED IN THE SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HFTP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HFTP’ TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.

Links to Other Sites

The Services may contain links to third party Websites. These links are provided solely as a convenience to User and not as an endorsement by HFTP of the contents on such third-party Websites. HFTP is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Websites. Links to third party Websites are performed at user’s own risk.

HFTP does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. User acknowledges that any reliance on material posted by other users will be at user’s own risk.

Indemnification

User agrees to defend, indemnify, and hold harmless HFTP, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from user’s use of the Services or failure to comply with these Terms of Use, including, without limitation, user submission of content that violates third party rights or applicable laws. HFTP shall provide notice to user promptly of any such claim, suit, or proceeding and shall assist user, at user’s expense, in defending any such claim, suit or proceeding.

Terms of Agreement

User agrees not to make any unauthorized commercial use of the Services.

If user accesses the Services from outside the United States, user does so at user’s own risk. Recognizing the global nature of the Internet, user agrees to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, user agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which user resides.

Access to Service

Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Services is strictly prohibited. User agrees not to monitor or copy, or allow others to monitor or copy, HFTP web pages or the content included herein. User agrees not to “frame” or otherwise simulate the appearance or function of the Services.

HFTP Communications

In the course of providing user services, HFTP may need to communicate with user via email (see our Privacy Policy to learn more about communications). User agrees to receive emails which are specific to user account and necessary for the normal functioning of the Services. User agrees to have name and/or email address listed in the header of certain communications which user initiated through the Services.

Monitoring and Enforcement

While HFTP has the right to monitor activity and content associated with the Services, HFTP is not obligated to do so. Because community standards vary and individuals sometimes choose not to comply with HFTP policies and practices, in the process of using our Services, user may be exposed to content that user finds offensive or objectionable. User may contact the HFTP Membership Department to inform HFTP of the content that user finds objectionable. HFTP may investigate the complaints and violations of HFTP’s policies that come to the association’s attention and may take any action that HFTP believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, HFTP reserves the right not to take any action. Under no circumstances will HFTP be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

Governing Laws

These Terms of Use are governed by the internal substantive laws of the state of Texas. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within the state of Texas. In no event shall user seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services. If any provisions of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

General Information

HFTP and other HFTP logos and names are trademarks of the Hospitality Financial and Technology Professionals. User agrees not to display or use these trademarks in any manner without the HFTP’s’ prior, written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement to:

Hospitality Financial and Technology Professionals
ATTN: HFTP Connect
11709 Boulder Lane, Ste 110
Austin, TX 78726