PineappleSearch.com Terms of Use

Welcome to the Pineapplesearch.com website (the “Site") created and operated by Hospitality Financial and Technology Professionals (“HFTP," “we" or “us") and offered to “you," the person who is accessing and using the Site and, we hope, reading these Terms of Use before doing so.

By accessing or using the Site, through a personal computer, mobile device or any other means, you agree to be bound by these Terms of Use and our Privacy Policy. The Terms of Use and Privacy Policy, together, create an agreement between you and us that is legally binding. We’ll refer to that as the “Agreement." We ask that you read the Agreement carefully before accessing or using the Site and, in particular, registering to use certain portions of the Site. If you do not accept these Terms of Use or our Privacy Policy without change, you may not access or use the Site or any portion of it. Also, if you do not agree to our Privacy Policy without change, please don’t provide us with any Personal Information.

Please note that we may update the Agreement, including these Terms of Use, at any time. However, we’ll always let you know when the latest update occurred—just check the “Effective Date" on the bottom of this page. If you keep using the Site afterward, we’ll assume that you have accepted the new Terms of Use.

Using the Site

You may use the Site for personal and non-commercial purposes only. We absolutely intend and hope that you will find the Site professionally useful and that maybe, in some way, some article you read or connection you make will help you in your work life. However, you can’t use the Site itself to make money—you can’t charge your friends or clients to access it, you can’t make copies of it and sell them, that sort of thing—basically, you can’t use the Site to make a living or for any other purpose or in any other manner except as permitted under the Agreement unless you enter into a separate written agreement with us that says you can. Keep in mind that all applicable laws, rules and regulations (“Laws") and any agreements or terms with third parties to which you are subject still apply. We’ll discuss this more below, but individual pieces of Site Content may be protected by Laws in addition to or apart from the Laws protecting the Site, so please be aware of those in your use of Site Content.

In order to comprehensively cover the hospitality industry, the Site contains content about all sorts of businesses, establishments, trends, brands and geographical areas, as well as news, feature stories, images, video, audio and other materials (together with everything else on the Site, the “Site Content."). We try to ensure all of our Site Content is top notch, but we make no guarantee that any Site Content is accurate, current or complete. Your use of the Site Content we provide or that you obtain on or through the Site is at your own risk. If you think something looks odd, please let us know. You agree that you will not hold us liable for any inaccurate, incomplete, outdated or missing information on the Site.

Links

In order to provide you with as much relevant information as possible, the Site may contain links to other web sites not maintained by us. Be aware when you leave our Site and be sure to read the terms and conditions and privacy statements of each and every website you visit, even if they are not as brilliant as ours. We are not responsible for the practices or the content of such other websites or services. Despite any links that might exist on the Site, we do not endorse and are not affiliated with such third parties.

Registration

We want everyone in our industry to benefit from the Site, so you may use it without registration (i.e., signing up with a name, email address and password or some combination of those). However, in order to access some aspects or functions of the Site, you will need to register for an account. Your account is for your sole, personal use. You may not allow others to use your account and you may not assign or otherwise transfer your account to any other person or entity. (If another person or entity wants an account, they can easily sign up themselves.) We ask that the e-mail address you provide when you register be a valid e-mail address for you. We encourage, but do not require, that the user name you provide be your real name. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.

Your License to HFTP

The Site is built to let you interact with us and with others on the Site in certain ways if you’d like. We are happy to take suggestions for certain kinds of Site Content on our Suggestion Page or to hear from you via email and we hope you’ll decide to comment on Site Content. We may institute even more functions to increase and improve those interactions, so we’ll call any content you submit or upload via email or to the Site “Your Content."

When you provide Your Content, you own Your Content except as you may otherwise agree. However, by sharing or uploading Your Content:

(Take a deep breath; this bit is long)

You grant us (and any of our contractors and licensors with respect to any of Your Content you provide to them through your use of our Site) a perpetual, worldwide license to use, redact, republish, copy, perform and distribute Your Content and your screen name, including, without limitation, any intellectual property contained therein, in any medium now known or hereinafter developed without payment or compensation to you and without seeking any further approval from you. This includes displaying it on the Site but is not limited to displaying it on the Site.

You acknowledge that our use of Your Content may include licensing Your Content to third parties and/or using Your Content for advertising purposes. In no event will we be required to seek your approval or provide you with any compensation in connection with any such uses.

You acknowledge that nothing contained within Your Content would require us to seek permission of a third party in order to use Your Content as described in these Terms of Use. Therefore, you acknowledge and promise that all Your Content is either originally created by you or that you have all the permissions required to share it with us and grant us the license in this Section.

(Breathe out; it’s over)

Acceptable Use

We’re pretty sure that everyone will be polite and hospitable when using the Site and posting content; however, just in case, please be sure to review this section to see what you can and can’t do with and while on the Site. You are solely responsible for Your Content that you post on the Site or transmit to other users.

In exchange for our providing the Site and access to it, you agree that you will:

  • Use the Site in compliance with the Agreement;
  • Use the Site for legal purposes only;
  • Only post content as part of Your Content that is complies with applicable Laws. In particular, you agree not to post content that infringes or violates another party’s intellectual property rights (like posting text or links you do not own or for which you do not have written permission to post), a person’s rights of publicity or privacy and or that is defamatory;
  • Not post content that:
    • is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • promotes or encourages violence;
    • is inaccurate, false or misleading in any way;
    • promotes any illegal activities (including promoting copyright infringement or circumvention of anti-pirating measures
    • 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; or
    • contains or links to any advertising, promotional materials, “junk mail," “spam," “chain letters," “pyramid schemes," or any other form of solicitation.
  • Not use the Site to try to collect other people’s personal information or otherwise use it in a way that inhibits other users’ ability to access, use and enjoy the Site too;
  • Not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site; or
  • Otherwise use automated means to manipulate the Site or attempt to exceed the limited authorization and access granted to you under these Terms of Use.

(We realize this is a long list; keep it professional, legal and honest and you’re likely to be just fine)

We do our best to keep tabs on what is posted on the Site, however we are under no obligation to screen or monitor any content, but may review content from time to time in our sole discretion to determine compliance with the Terms of Use. We will make all determinations as to what content is appropriate, at its sole discretion. We may include, edit or remove any content at any time and without notice.

When using the Service, you may be exposed to content and communications from a variety of sources and you agree that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any such content. And, just like when you visit any website, by using the Site you acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or objectionable. If you object to this possibility, you should not use the Site.

Suspension or Termination of Access; Discontinuance of the Site

We want to keep the Site a safe and friendly place, so in addition to any right or remedy that may be available to us under these Terms of Use or applicable Laws, we may suspend, limit or terminate your registered account, or all or a portion of your access to the Site, at any time with or without notice and with or without cause and without liability. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

We hope the Site stays forever, but it may not. You agree that we will have no liability to you or to any third party for any termination, modification, or discontinuance of the Site.

Privacy

The privacy of your personally identifiable information is very important to us. For more details on what information we collect and how we use it, please read our Privacy Policy The Site is not directed at children, and we will not knowingly collect personally identifiable information from any child under age 13.

Our Proprietary Rights

Please don’t steal our stuff, including the Site Content. We or our licensors are the exclusive owners of all Site Content and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Site. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any Site Content (or the Site itself) without the prior written consent of the owner of such Site Content. All rights not granted under these Terms of Use are reserved by us. If you want to use something but think it might belong to us, please ask before taking it.

Please read the “No Warranties" and “Indemnity from You" sections particularly carefully. They are very important.

No Warranties

The Site, including all Site Content, is provided “AS IS" and “AS AVAILABLE." We make no representations or warranties of any kind whatsoever for or with respect to the Site Content or the Site.

Further, to the fullest extent permissible by applicable Laws, we disclaim any and all express or implied warranties, including, without limitation, any implied warranty of non-infringement, title, merchantability or fitness for a particular purpose. Similarly, we do not warrant that the functions contained in the Site or any Site Content will be completely secure, uninterrupted or error free, that defects will be corrected, or that the Site or the Server(s) that makes it available are free of viruses or other harmful components and we do not warrant that the Site or Site Content is appropriate or legal for access or use anywhere except the State of Texas.

We will not be liable for the use of the Site, including, without limitation, the Site Content and any errors contained in any content provided by our licensors or other third-parties. In no event will we be liable under any theory of tort, contract, strict liability or other legal or equitable theory for any direct, indirect, special, incidental, or other consequential damages, lost profits, lost data, lost opportunities, costs of cover, exemplary, punitive, personal injury or wrongful death, each of which is hereby excluded by agreement of you and us regardless of whether or not we have been advised of the possibility of such damages. As used in this section, “we" and “our" includes HFTP and HFTP’s contractors and licensors.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities shall not exceed the lesser of (a) the amount paid by you for your use of the Site during the prior twelve (12) months or (b) ten United States dollars (US $10).

Indemnity From You

These Terms of Use are important and each has its purpose and we can’t be held responsible if you disregard them. You agree to defend, indemnify and hold harmless HFTP, its affiliates, and their respective officers, directors, employees, contractors (including our technology providers) business partners and agents, and their respective heirs, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney's fees) to the extent arising from: (a) any breach or alleged breach by you of any of these Terms of Use, (b) Your Content, (c) your use of Site Content (except to the extent a claim is based upon infringement of a third party right by Site Content created by HFTP that is used by you as permitted under this Agreement) or (d) a violation by you of applicable Laws or any agreement or terms with a third party to which you are subject.

Governing Law

Our global headquarters are located in Austin, Texas, so the applicable Laws of the State of Texas will govern these Terms of Use. You hereby expressly consent to exclusive jurisdiction and venue in the courts of the State of Texas located in Austin, TX, for all matters arising in connection with these Agreement or your access or use of the Site.

Any claims asserted by you in connection with the Service must be asserted in writing to Patch within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

Digital Millennium Copyright Act (“DMCA") Notice

Materials may be made available via the Site by third parties not within our control. That is to say, we can’t control what other people post. We are under no obligation to scan content used in connection with the Site for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others, and it is our policy not to permit materials that we know to infringe another party’s copyright to remain on the Service and, in appropriate circumstances, to terminate the accounts of repeat infringers.

If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at minimum contains:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works;
  3. Identification of the content or material on the Site that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information, e.g., a link, reasonably sufficient to permit us to locate the content or material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address, at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the content or material in the manner complained of is not authorized by the copyright owner, its agent, or by law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Electronic Communication

By accessing or using the Site, registering, sending an email or otherwise communicating with us through the Site, you are communicating with us electronically, and you agree to receive electronic communication from us, by email and by posting to the Site. You agree that any electronic communication from us satisfies any legal requirements that such communication must be in writing. You also agree that any communications or materials that you provide to us or the Site, including, without limitation, by posting to the Site, email or otherwise, are and will be treated as non-confidential and non-proprietary.

Compliance with Laws

You are solely responsible for ensuring that your access to and use of the Site and the Site Content complies with all applicable Laws, including, without limitation, export and import regulations.

Severability

We consider our Terms of Use to exist as individual parts of a larger whole. If any part of these Terms of Use are held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use. This means that even if one part of these Terms of Use is judged unsound or even illegal, the rest still apply.

Waiver; Remedies

The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you will not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use are cumulative, and the exercise of any such right or remedy will not limit our right to exercise any other right or remedy.

Contact Us

If you have any questions or comments about our Terms of Use or anything else, you may contact us at:

Hospitality Financial and Technology Professionals
11709 Boulder Ln, Ste 110
Austin, Texas 78726 USA
+1 (512) 249-5333 • info@pineapplesearch.com

Effective Date: These Terms of Use were last updated on October 14, 2015.

GSB:7332424.1

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