Thank you for choosing Revinate, Inc. (“Revinate”). This Agreement is a legal agreement between you and Revinate. This Agreement governs your use of Revinate’s guest services products, including Revinate Surveys and inGuest. Revinate provides these technology services directly to both hospitality businesses and to hotel guests, on behalf of hotels. Use of Revinate’s services by such businesses and their staff are governed by Revinate’s Customer Terms and Conditions at www.revinate.com/updatedterms. Use of our services by hotel guests is governed by these terms and conditions.
Last Updated: November 2014
Your Rights To Use The Services
The Services are protected by copyright, trade secret, and other intellectual property laws. Revinate and its partners, licensors and suppliers are the owners of all rights in the Services except as expressly provided in this Agreement. So long as you meet any applicable payment obligations and comply with this Agreement, Revinate grants to you a personal, limited, nonexclusive, nontransferable right to use the Services for their intended purposes. The account you create on the Services is for your own personal use and you may not share it with any other party.
You agree not to use the Services or content on this website in a manner that violates any applicable local, state, federal or international law, regulation or this Agreement.
The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Services. You agree to receive these updates automatically as part of the Services.
License Restrictions. You agree that you will not:
(a) Permit any third party to access or use the Services;
(b) License, sublicense, sell, resell, transfer, assign, or distribute the Services;
(c) modify or make derivative works based upon the Services;
(d) Introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Services;
(e) Frame, mirror or reverse engineer or access the Services in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Services, or (iii) copy any ideas, features, functions or graphics of the Services.
(g) Attempt to access any other Revinate systems that are not part of these Services;
(h) Excessively overload the Revinate systems used to provide the Services.
Your Personal Information and Uploaded Content
You may post content to the Services, including reviews on your experiences at certain hotels and other hospitality businesses. As a user, you may also interact with other users of the Services from time to time. You warrant and represent that you own or otherwise control the rights to all content provided to Revinate through your use of the Services (the “User Content”). You are responsible for any User Content that may be lost or unrecoverable through your use of the Services. Revinate is not responsible for the User Content you post to the Services.
When you post public User Content, you grant Revinate, its affiliates and customers a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, adapt, translate, distribute, publish, create derivative works from and publicly display and perform your User Content throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such User Content. You acknowledge that Revinate or its customers may choose to provide attribution of your comments or reviews at its discretion. You further grant Revinate and its customers the right to pursue at law any person or entity that violates your or Revinate’s rights in the User Content by a breach of this Agreement.
You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit: (a) material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, constitutes hate speech, or is otherwise offensive or objectionable; (b) unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (c) material that contains adware, malware, spyware, 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; (d) User Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent’s consent in the case of a minor); or (e) any User Content that is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.
You further agree not to: (a) impersonate any person or entity, or otherwise misrepresent Customer’s affiliation with a person or entity; (b) interfere with or disrupt Revinate servers or servers of networks connected to Revinate, or disobey any requirements, procedures, policies, or regulations of networks connected to Revinate.
The Services may include public forums and social networking features to exchange information with other users of the Services and the public. When you interact with other users: (a) please use respect; and (b) do not reveal information in the social networking features that you do not want to make public. Also be aware that Revinate does not support and is not responsible for the accuracy of others’ content in these features, and users may post hypertext links to content hosted and maintained by third parties for which Revinate is not responsible.
Revinate may, but has no obligation to, monitor content on the Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Revinate, its customers, users and partners, or operate the Services properly. Revinate, in its sole discretion, may refuse to post, remove, or refuse to remove, any User Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
Revinate may freely use feedback you provide. You agree that Revinate may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Revinate a perpetual, worldwide, fully transferable, sublicenseable, non-revocable, non-terminable, fully paid-up, royalty free license to use the feedback you provide to Revinate in any way.
You acknowledge that Revinate may establish general practices and limits concerning the use of the Services, including without limitation the maximum number of days that User Content will be retained by Revinate. You further acknowledge and agree that Revinate reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Copyright And Trademark Notices
All materials of the Services (as well as the organization and layout of the Services) are owned and copyrighted or licensed by Revinate, its affiliates or its suppliers. No reproduction, distribution, or transmission of the copyrighted materials of the Services, which includes the Revinate websites and software, is permitted without the written permission of Revinate. Any rights not expressly granted herein are reserved. Revinate, the Revinate logos and product and service names are trademarks of Revinate (the “Revinate Marks”). You agree not to display or use the Revinate Marks in any manner whatsoever without Revinate’s prior permission.
The Services may incorporate logos, trademarks, service marks and other proprietary rights belonging to third parties. Revinate does not grant you any rights to reproduce, distribute, or transmit any such materials, all of which are expressly reserved by their owners. Revinate disclaims any rights to any third party trademarks, service marks or other intellectual property that may be viewed on our websites or through the Services.
If you create an account on the Services, you are responsible for maintaining the privacy and security of your password and other security information. You are also responsible for maintaining the integrity of your computer, mobile phone or other internet device to prevent theft, viruses, spyware or other malicious software from stealing your password information or data. Revinate bears no responsibility for unauthorized access to your account as a result of your failure to follow appropriate security precautions, including changing your password promptly upon discovery of any security issue.
If you should become aware of any unauthorized use of your account or user information, or if you otherwise believe that your account has been compromised, you agree to immediately notify Revinate through our help desk at firstname.lastname@example.org.
Use and Validity of E-Mail, SMS and In-App Notices
From time to time Revinate may deliver notices to you as required by law. If you have provided an email address, telephone number or other contact information to us, we will contact you using that information unless you change it within the Services (if such a feature becomes available) or by email to email@example.com. Notices and communications from us will be provided either in the text of the applicable e-mail or through an embedded link to the appropriate page on our website. Revinate may in its sole discretion from time to time elect to provide required notices or other communications to you by any other means it deems appropriate.
Any legal notices to Revinate relating to this Agreement should be sent by you to Revinate through our Help Desk at firstname.lastname@example.org.
Alerts to mobile phone numbers and in-app notifications may trigger charges from your mobile carrier or other third parties. To the extent that Revinate is assessed fees by any mobile carrier or required to pay fees to any mobile messaging aggregator or vendor in order to provide mobile alerts, Revinate reserves the right to pass through such charges to you.
Other Revinate And Third Party Products And Services
We may offer to you other services, features, products, applications, online communities, or promotions provided by Revinate. If you decide to use any of these other services, additional terms and conditions and separate fees may apply.
We may also provide offers or links to third party products from time to time. If you decide to use any third party products or access any third party sites, you are responsible for reviewing the third party’s separate product terms, website terms and privacy policies.
Certain hospitality businesses may offer rewards to users for using the Services. The Services may provide links or promotional codes that allow users to redeem such rewards, but Revinate is not responsible for their fulfillment. You must contact the business that provided the reward in order to redeem it, and with any questions or feedback regarding such rewards.
Disclaimer Of Warranties; Limitation Of Liability
YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. REVINATE, ITS AFFILIATES, PARTNERS AND ITS THIRD PARTY SERVICE PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, UPTIME OR CONTINUITY OF THE SERVICES, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. REVINATE AND ITS AFFILIATES, PARTNERS AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR INITIAL DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF REVINATE AND ITS AFFILIATES, PARTNERS AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT YOU PAID TO REVINATE FOR THE SERVICES DURING THE SIX MONTHS PRIOR TO SUCH CLAIM AND $100. REVINATE AND ITS AFFILIATES, PARTNERS AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) ANY AND ALL INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) ANY AND ALL DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET REVINATE SYSTEMS REQUIREMENTS; (C) COSTS INCURRED BY YOU AS A RESULT OF NONRECEIPT, SPAM FILTERING OR OTHER FAILURE TO RECEIVE MESSAGES REGARDING EVENTS FOR WHICH REVINATE MAY REGISTER YOU; (D) LOSSES OR INJURIES YOU MAY SUFFER AT ANY HOTEL OR OTHER FACILITY YOU VISIT, STAY AT OR USE, OR ANY OTHER INTERACTION WITH PEOPLE YOU ENCOUNTER AS A RESULT OF YOUR USE OF THE SERVICES. THE ABOVE LIMITATIONS APPLY EVEN IF REVINATE AND ITS AFFILIATES, PARTNERS AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF REVINATE AND ITS AFFILIATES, PARTNERS AND SUPPLIERS AS WELL AS YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE AND YOUR AGREEMENT TO THESE PROVISIONS AND LIMITATIONS IS A MATERIAL INDUCEMENT TO REVINATE TO ENTER INTO THIS AGREEMENT WITH YOU AND PROVIDE YOU ACCESS TO THE SERVICES AND OTHER OFFERINGS PROVIDED BY REVINATE.
You agree to indemnify and hold Revinate and its affiliates, partners and suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs made or incurred by you or any third parties and, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). Revinate reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Revinate in the defense of any Claims.
Changes To This Agreement Or The Services
We may change this Agreement from time to time, and the changes will be effective when posted on Revinate’s website(s) or applications, through Revinate’s account notification procedures or when we notify you by other means. Please review this Agreement periodically on this website for changes. We have the right to change any of the terms of this Agreement upon reasonable notice to you. We may also change or discontinue the Services, in whole or in part, including but not limited to features of the Services, pricing, technical support options, and other product-related policies. If you object to any such changes, you sole recourse is to discontinue use of the Services. This Agreement may be modified only as provided in this section.
You may terminate this Agreement at any time by canceling your account (if any), deleting any downloaded software or apps and/or ceasing to use the Services. Revinate will not refund fees you prepaid (if any) upon such termination or cancellation. Revinate reserves the right to collect fees, surcharges or costs incurred before you cancel your account in addition to any applicable cancellation fee(s).
Upon termination of your account for any reason, Revinate reserves the right, but has no obligation, to (a) delete any of your User Content, listings, messages or other information in connection with your Account; (b) prohibit your access to your account, including without limitation by deactivating your password; and (c) refuse your future access to the Services.
Governing Law And Jurisdiction
The internal, substantive laws of the State of California govern this Agreement without regard to its conflicts of laws provisions. As a material inducement to Revinate to enter into this Agreement and provide you access to the Services, you agree to the exclusive jurisdiction of state or federal courts located in San Francisco, California for any legal proceedings arising from your use of the Services. Revinate does not represent that information on the Services is appropriate or available for use in all countries. Revinate prohibits use of the Services in countries or states where provision of the Service is illegal. You are accessing this website on your own initiative and you are responsible for compliance with all applicable laws.
You represent and warrant that you are at least 18 years of age. This Agreement is the entire agreement and understanding between you and Revinate and replaces and supersedes all prior understandings, communications, commitments, and agreements, oral or written, regarding its subject matter. If any court of competent jurisdiction rules that any part of this Agreement is invalid, illegal, void or unenforceable, then such part of this Agreement will be removed and severed from this Agreement without affecting the validity, enforceability, and effectiveness of the remainder of this Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Revinate’s right and remedies under this Agreement are intended to be cumulative and any failure by Revinate to exercise or enforce any of its rights or remedies under or in connection with this Agreement or to which Revinate is entitled under any applicable law, will not constitute or be taken or construed as a waiver of any of Revinate’s rights or remedies, all of which will still be and remain available to Revinate.