Welcome to https://intelity.com/, an INTELITY website (the Site), owned and operated by INTELITY, Inc., (“INTELITY”, “we” or “us”) and providing guest experience management services through mobile applications owned and operated by INTELITY (the “Service”). These Terms of Use (Terms of Use) govern your (“Users”, “you”, or “your”) use of the Site and INTELITY’s mobile application(s) (the “App”) collectively the (“Platform”). Through the Platform you can learn about INTELITY’s products and services including the Marketing and Communications Services and the Business and Operations Services. Please note that when you use the Platform in conjunction with your stay at a partner hotel, multi-unit dwelling or other location (“Accommodation(s)”), in addition to these Terms of Use, you will be subject to the terms and conditions and privacy policy of the applicable site and/or location you are visiting or otherwise accessing, as well as any terms of use or occupancy (including a lease agreement) associated with your stay or lease. Please note that such terms of use or occupancy may be in the form of a registration card or in digital form.

Conditions of Use

Your use of the Platform is governed by these Terms of Use and INTELITY’s Privacy Policy. For CA residents, please note that you have additional rights under the California Consumer Privacy Act, and you may find information on these rights in the Privacy Policy. By using the Platform, you agree to the Terms of Use and the Privacy Policy. Please read the Terms of Use and Privacy Policy carefully.

These Terms of Use may be revised at any time by INTELITY updating this notice and posting it on the Site. You are bound by any such revisions if you continue to use the Site after INTELITY has posted the changes. We encourage you to periodically visit this page to review the most recent Terms of Use.

The Service may be used as part of your stay at an Accommodation for, among other things, to check-in, check out, view a folio, create/modify your profile, make reservations or request products and services such as concierge, valet, housekeeping or in-room dining. Your use of the Service, including, without limitation, your use of an onsite, INTELITY-provided in-room tablet or by downloading the App to your mobile phone or tablet device, indicates that you have unconditionally accepted INTELITY’s Terms of Use.

The App may not be available for use on all mobile devices or operating systems. If an in-room tablet or other in-room hardware (e.g. used for Casting or Voice-related services) is damaged, stolen or otherwise lost during your stay or other occupancy at an Accommodation, you may be liable to pay a damage/replacement fee. Where available, INTELITY offers registered Users of the Service the ability to access their rooms or certain common areas using INTELITY’s App on supported mobile devices as a mobile key. This mobile keyless entry functionality is not available at all locations. In addition to these Terms of Use, the issuance to and/or use by a guest of keyless entry (including any key sharing, if enabled) is subject to a hotel’s terms of occupancy and other policies in the hotel’s sole and absolute discretion.

You acknowledge and agree that INTELITY representatives will have access to your account and records as necessary to investigate complaints and to ensure that INTELITY is able to provide high-quality services that are responsive to Users’ needs.

General Rules

Account Registration; Provide Accurate Information.

You may access the Service by registering and setting up an INTELITY account. INTELITY may, in its discretion, include as part of the Service, the ability to register for the Service using a valid account with a social networking service (“SNS”) such as Facebook or Google. If you access the Service from a SNS or use your SNS account to register for the Service, you shall comply with its terms of service and privacy policy as well as these Terms of Service.

You agree to provide true, accurate, current and complete information about yourself as requested in the Service registration forms (the “Registration Data”). You agree to update the Registration Data to keep it current and accurate. If you choose to use language (i.e. a user name) that, in INTELITY’s sole discretion, is obscene, indecent, offensive, or abusive or that might otherwise be objectionable or inappropriate, we reserve the right without prior notice to you to delete or change the offending language. By accessing or using the Service, you represent and warrant that you are not prohibited from receiving products of U.S. origin, including services or software.

Guard Your Password; Use of Your Account.

As part of completing the registration process, you will create and set a password. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. In the event of any unauthorized use of your password or account or any other breach of security, you must notify INTELITY immediately and promptly change your password. When using INTELITY’s App, we may also require you to create a personal identification number (“PIN”) in order to access the application after you have logged in with your password.

Obey the Law; Limitations on Use.

You agree to use the Service only for purposes permitted by these Terms of Use and any applicable law, regulation or generally accepted practices in the applicable jurisdiction. INTELITY reserves the right to modify or impose any limitation on the use of the Service at any time in its sole discretion.

Permitted Use of Content.

The content included in the Service, including all website design, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that is part of the Service, including software used to enable mobile keyless entry (collectively, the “Content”) is owned or licensed by INTELITY and/or its licensors. All Content is made available to you for your personal, non-commercial use and may be stored, or accessed, on a computer or mobile device only for such use. The Content is protected by copyrights, trademarks, service marks, patents and other proprietary rights, legal and otherwise. Publication, sale, redistribution in any form or medium, as well as modification of or use of the Content except as expressly permitted by INTELITY in writing is strictly prohibited. INTELITY hereby grants you a limited, revocable, nonsublicensable license to access and display the Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the and using the Service. Except as provided in these Terms of Use or as explicitly allowed on the Service, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Service.

Restrictions on Use of Content.

Except as explicitly and expressly permitted by the INTELITY, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, later, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection, security protocol or access control measure associated with the Content. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by INTELITY. You may not build a business utilizing the Content, whether or not for profit.

Restrictions on Use of Materials

The Platform owned and operated by INTELITY. Except as otherwise expressly permitted in writing by INTELITY, no materials from the Platform or any website owned, operated, licensed or controlled by INTELITY may be copied, reproduced, republished, uploaded, posted, transmitted, hyperlinked, or distributed in any way. You may not distribute, modify, transmit, reuse, repost, link or use the content of this Platform for public or commercial purposes, including the text, images, audio, and video without INTELITY’s written permission.

Trademarks & Copyright

All trademarks, services marks, trade names, logos, icons and domain names located on the Platform are the property of INTELITY. Nothing contained on this Platform should be construed as granting, by implication or otherwise, any license or right to use any trademark, service mark, trade name, logo, icon and domain name displayed on the Platform without the written permission of INTELITY or third-party that may own such marks or names displayed on the Platform. Your use of the trademarks, service marks, trade names, logos, icons and domain names displayed on the Platform or any other content on the Platform, except as provided herein, is strictly prohibited. Images displayed on the Platform are either the property of, or used with permission by, INTELITY. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted in writing by INTELITY. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Copyright Infringement. If you believe that content you own has been used on the Service in a way that violates your copyright or other intellectual property rights, please provide INTELITY’s Copyright Agent (contact information below) with a Notice (Notice) including the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located on the site;

(iv) your address, telephone number, and email address;

(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

(vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

INTELITY’s Designated Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
c/o INTELITY, Inc.
7335 Sand Lake Rd.

Suite 210
Orlando, FL 32819

By email: legal@intelity.com

Links to Other Websites

The Platform is hyperlinked to other websites which are not maintained or controlled by INTELITY. INTELITY is not responsible for the content of those websites. The inclusion of any hyperlinks to such websites does not imply approval of or endorsement by INTELITY of those websites, their content or their products and services. If you have difficulty linking to any hyperlinked websites or to report a dead (non-working) link, please send us an e-mail at: legal@intelity.com.

Disclaimer

The information and descriptions contained on the Platform are not intended to be complete descriptions of all terms, exclusions and conditions applicable to every product or service offered by INTELITY but are provided ‘as is’ and for general informational purposes. INTELITY makes no representations or warranties that the materials are suitable for your needs, are complete, timely, reliable, or are free from errors, inaccuracies or typographical mistakes. INTELITY does not warrant that the Platform will operate error free or free from viruses, worms, Trojan horses or other destructive or harmful code. INTELITY also assumes no responsibility, and shall not be liable for, any damages to your computer equipment or other property as a result of your access to, use of, or browsing the Platform or your downloading of any materials, data, text, images, video, or audio from the Platform, or arising in connection with any failure of performance, error, omission, interruption, defect, computer virus, delay in operation or transmission, or line or system failure.

INTELITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Limitation of Liability

To the maximum extent provided by law INTELITY shall not be liable to you for damages of any kind whatsoever including, but not limited to, direct, indirect, consequential, special, incidental, including without limitation, lost profits or damages resulting from lost data or business interruption, or punitive damages of any kind whatsoever that may result from your use of or inability to use the Platform or the materials or services provided on the Platform or the products or services received from the Platform. Exemptions of implied warranties may not be allowed in all jurisdictions.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. Except as provided, any claim, dispute or controversy arising from or relating to the Terms of Use or the relationships which results from these Terms of Use (“Claim”) shall be decided by binding arbitration in Los Angeles, California in accordance with the provisions of the Federal Arbitration Act, 9 U.S.C. §§1-16, as amended (the “Federal Arbitration Act”), to the exclusion of state laws inconsistent therewith. It is the intent of you and INTELITY to require Claims to be submitted to arbitration on an individual basis only. CLAIMS SUBJECT TO THIS ARBITRATION PROVISION MAY NOT BE JOINED OR CONSOLIDATED IN ARBITRATION WITH ANY CLAIM OF ANY OTHER PERSON OR BE ARBITRATED ON A CLASS BASIS, IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ON BEHALF OF ANY OTHER PERSON, UNLESS OTHERWISE AGREED TO BY THE PARTIES IN WRITING.

The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (“Rules”), except to the extent they conflict with the express provisions of this paragraph. A single independent arbitrator shall conduct the arbitration. The parties shall endeavor to select the independent arbitrator by mutual agreement. If such agreement cannot be reached within thirty (30) days after a dispute has arisen which is to be decided by arbitration, the selection of the arbitrator shall be made in accordance with the Rules as then in effect. The arbitrator may, in his/her discretion, award to any party specific performance or injunctive relief (the foregoing is not intended to limit INTELITY’s access to the courts to the extent provided below). The arbitrator may not change, modify, or alter any express condition, term, or provision of this Agreement or the extent the scope of their authority is expressly limited. Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding upon the parties and no appeal of any kind may be taken. Judgment may be entered thereon in any court having jurisdiction thereof. Each party shall be entitled to inspect and obtain a copy of non-privileged relevant documents in the possession or control of the other party. All such discovery shall be in accordance with procedures approved by the arbitrator. Unless otherwise provided in the award, each party shall bear its own costs of discovery. The parties shall bear equally the cost of the arbitration, except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator. The statute of limitations applicable under California law to the commencement of a lawsuit shall apply to the commencement of arbitration hereunder. Anything in the foregoing paragraph to the contrary notwithstanding, INTELITY may seek injunctive relief in any court having jurisdiction over the parties to enjoin or prevent any action you take or threaten to take in violation of this Agreement.

Software Licenses

You acknowledge that any software available or provided to you on the Platform may contain technology that is subject to strict controls by various agencies of the United States Government pursuant to United States export control laws and regulations. You hereby agree that you will not transfer or export such software from the United States (including, for example, providing such software to any foreign person or entity in the United States) or re-export such software outside the United States in violation of United States export laws and regulations. INTELITY does not authorize the downloading or exportation of any software or technical data from the Platform to any jurisdiction prohibited by the United States export controls laws and regulations.

Age Requirement

You must be 18 years of age or older to use the Service. If you are between the ages of 13 and 17, you may use the Service only with involvement and consent of a parent or guardian. INTELITY reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Parents and legal guardians should supervise their children’s use of the Service and communicate regarding appropriate materials for use and viewing by their children. Note to parents: If you have any concerns about the Service, please contact us at help@intelity.com.

Contact Information

If you have questions regarding INTELITY’s Terms of Use, you may contact INTELITY via email at: legal@intelity.com or you may write to us at:

INTELITY, Inc.
7335 Sand Lake Rd, Suite 210
Orlando, FL 32819
Attention: Legal Department