PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE LOBBY FORTY FOUR INC. APPLICATIONS OR ANY SERVICES PROVIDED BY US, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE LOBBY FORTY FOUR INC. APPLICATION OR ANY SERVICES PROVIDED BY US.
THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING ARBITRATION RATHER THAN A COURT. THE BINDING ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY ARBITRATION INDIVIDUALLY AND NOT AS PART OF A CLASS.
These terms of service (these “Terms”) apply to your access and use of the mobile applications, websites, emails, and social media accounts (collectively, the “Application”) owned, operated or provided by Lobby Forty Four, Inc. (“Lobby Forty Four Inc”, “we”, “our” or “us”) and any feature, content, tools and services accessible by means of the Application as well as the booking of hotel accommodations through the Service. The Application and these services are collectively referred to as the “Service.”
Your use of the Service is conditioned upon the version of these Terms in force at the time of your use. We reserve the right to change these Terms at any time and you waive any right you may have to receive specific notice of such changes or modifications. All changes to these Terms are effective immediately when we post them and apply to use of the Application and Services thereafter. If you continue to access or use the Service following our posting of any changes to these Terms, we will consider that you have accepted the changes. Therefore, you must regularly review these Terms to ensure you understand the terms and conditions that apply to your access and use of the Service. If you do not agree to the changed Terms, you must stop accessing or using the Service. We also recommend you regularly update to the most recent version of our mobile applications to allow you to take advantage of new functionality and to ensure you have access to the most recent terms of service and promotional offer terms (changes thereto aren’t viewable until you update the apps). You recognize that changes to the terms and/or offers may occur and that you will be bound to these changes, notwithstanding the fact that you were not aware of them due to your failure to update the app. Your use of the app, and failure to update to the most recent version, constitutes your agreement that Lobby Forty Four shall have no liability to you, and you release Lobby Forty Four, and its parent, officers, directors employees and hotel partners, from and against any liability, for any changes to terms of service or offers which were available but that which you were not aware of due to your failure to update the app. Additional terms and conditions will apply to your reservation of some hotel accommodations. If you have any questions regarding the use of the Service, please email us at email@example.com.
DEVICE USAGE TERMS AND CONDITIONS
You acknowledge and agree that your use of the Service must also be in accordance with the usage rules established by your mobile device platform or service provider.
REGISTRATION DATA; ELIGIBILITY
To access certain areas and features of the Service, you may be required to register with Lobby Forty Four Inc. If you register, you will (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via the Service (the “Registration Data“); (ii) maintain and promptly update the Registration Data, and any other information you provide to Lobby Forty Four Inc., in order to keep it accurate, current and complete; and (iii) accept all risk of unauthorized access to the Registration Data and any other information you provide to Lobby Forty Four Inc. Lobby Forty Four Inc. is under no obligation to retain a record of your account or any data or information that you may have stored by means of your account or your use of the Service. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service. You may not use the Service if you are under 18 years of age (or the age of majority in your jurisdiction).
GRANT AND RESTRICTIONS
Subject to the terms, conditions and limitations set forth in these Terms, Lobby Forty Four Inc grants you a non-exclusive, non-transferable and revocable license to use the Application on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by Lobby Forty Four Inc. that replace and/or supplement the original Application, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.
You will not do, and will not authorize or permit any third party to do, any of the following: (i) distribute or make the Application available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense the Application; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Application, any updates or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law) or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Application. If you violate any of the foregoing restrictions, your right to use of the Application will immediately cease, and you will have infringed the copyright and other rights of Lobby Forty Four Inc., which may subject you to prosecution and damages. Lobby Forty Four Inc. reserves all rights not expressly granted to you in these Terms.
CONSENT TO USE OF DATA AND MOBILE COMMUNICATIONS
In exchange for Lobby Forty Four Inc. providing you with access to the Service, you consent to Lobby Forty Four Inc. collecting and using technical data, personal information and related information in connection with your use of the Service, including, but not limited to, contact information and technical information about your device, system and application software, and peripherals, that are gathered periodically to facilitate the features and functionality of the Service and of software updates, product support and other services. You also consent to our communicating with you about the Service.
COMPATIBILITY WITH MOBILE DEVICES
Lobby Forty Four Inc. does not warrant that the Service will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with your mobile device.
The Service requires and uses phone service, data access and text messaging capabilities. Carrier rates for phone, data and text messaging may apply, and you are responsible for all of these charges.
Lobby Forty Four Inc. attempts to be as accurate as possible. If you have reason to believe that a hotel room you booked through the Service or other product or feature does not meet the claims advertised within the Service, you must contact Lobby Forty Four Inc. immediately (and in any case no later than three business days following the check-in date or feature request date). Your failure to contact us within this period may affect our ability to investigate and resolve your claim. Hotel content, including images, are provided by the hotels. Lobby Forty Four Inc and its suppliers are not responsible for the accuracy of images or hotel partner content.
BOOKING ROOMS THROUGH THE LOBBY FORTY FOUR INC. SERVICE
When you book a room using the Service, you are representing the following: You are responsible for paying the hotel directly for any room upgrades or other incidental charges you make once you are at the hotel.
RATES, TAXES AND FEES
You acknowledge that Lobby Forty Four Inc. provides the Service for a consideration (“facilitation fee”). The room rate displayed on the Application includes the room rate we pre-negotiated for the room we are reserving on your behalf. When you book a room using the Service, we facilitate your booking with the hotel. Except as described below, the tax recovery amount includes an estimated amount to recover the amount we pay the hotel for taxes owed by the hotel, including, without limitation, sales and use tax, occupancy tax, room tax, excise tax, value added tax and other taxes. In some cities, the tax recovery amount may include government imposed fees or other fees not paid directly to a taxing authority but still required by law. The amount paid to the hotel for taxes owed by the hotel may vary from the amount we estimate. The amounts for Taxes and Fees varies based on a number of factors including, without limitation, the amount we pay the hotel and the location of the hotel, and may include profit we retain.
Where applicable, our hotel partners determine all applicable taxes in the amount we are required to pay over to them. Except as described below, we are not the vendor collecting and remitting taxes to the applicable taxing authorities. We are not a co-vendor with the hotel. Tax rates and the type of taxes vary greatly by location.
For transactions involving hotels located within certain jurisdictions, the charge to your debit or credit card for Taxes and Fees includes taxes and government imposed fees that we are required to collect and remit to the jurisdiction with respect to amounts we retain as compensation for our services.
HOTEL OVERBOOKING AND CANCELLATIONS
If a hotel is unable to honor your reservation, we will contact you immediately, and we will work to find you alternative accommodations (such as an available room at a different location or hotel partner).
Some reservations are non-refundable. Whether a reservation can be cancelled for a refund is displayed in the description of the hotel room prior to booking and also noted in your confirmation email. If your reservation is marked “Free Cancellation”, you can cancel anytime until the time and date provided in your confirmation email. If you cancel prior to that time, no fee will be administered. The method and account used to book will be the method and account refunded.
When you use the Service or send emails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by email or providing notices via the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that these communications be in writing. Electronic communications from us, including emails, may include marketing and promotional content.
Your use of the Service and your contact, interaction or dealings with any third parties arising out of your use of the Service is solely at your own risk. The hotels and other suppliers of Lobby Forty Four Inc. are independent contractors and not agents or employees of Lobby Forty Four Inc. Lobby Forty Four Inc. is not responsible for, and will not be held liable for, the acts, errors, omissions, representations, warranties, breaches or negligence of any of these hotels or suppliers for any personal injuries, death, property damage, loss, theft or other damages or expenses resulting therefrom.
Lobby Forty Four Inc. may provide third-party content via the Service and may provide links to webpages and content of third parties (collectively, “Third-Party Content”) as a service to those interested in this information. Lobby Forty Four Inc. does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding Third-Party Content including, but not limited to, its accuracy or completeness. Lobby Forty Four Inc. is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use Third-Party Content at their own risk.
If you breach any of the terms or conditions of these Terms or Lobby Forty Four Inc. discontinues the Application, these Terms will automatically terminate. In the event of the termination of these Terms for any reason, the license granted to you in these Terms will immediately terminate and you must immediately stop all use of the Service (including the Application) and destroy or erase all copies of the Application in your possession or control. All of the sections of these Terms that by their nature should survive termination will survive any termination of these Terms. For avoidance of doubt, the License section will not survive termination of these Terms. Any use of the Service after termination is unlicensed and is in violation of the copyright and other rights of Lobby Forty Four Inc. Lobby Forty Four Inc. and our hotel partners reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole discretion.
We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, posted materials, IP addresses and traffic information.
INFORMATION AND PRESS RELEASES
The Site may contain information and press releases about us. We disclaim any duty or obligation to update this information. Information about companies other than ours contained in any press release or otherwise should not be relied upon as being provided or endorsed by us.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LOBBY FORTY FOUR INC DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS AND THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT LOBBY FORTY FOUR INC KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. LOBBY FORTY FOUR INC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY LOBBY FORTY FOUR INC OR OUR AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY.
You will defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened third-party suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to (i) your conduct; (ii) your violation of these Terms or your violation of the rights of any third party; or (iii) any User Content you share.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL LOBBY FORTY FOUR INC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF LOBBY FORTY FOUR INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL LOBBY FORTY FOUR INC’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO THE APPLICATION) EXCEED $100.00 UNITED STATES DOLLARS.
THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT APPLICABLE TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, LOBBY FORTY FOUR INC WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE UNLESS SUCH DAMAGES ARE THE RESULT OF OUR NEGLIGENT, RECKLESS OR INTENTIONAL ACTS OR OMISSIONS.
Only you and Lobby Forty Four Inc. are entitled to enforce these Terms. No third party will be entitled to enforce any of the terms and conditions herein.
*You may also contact our member support team at firstname.lastname@example.org