Terms and Conditions
MobileSuites assists Hotel Guests in communicating with their Hotel
MobileSuites is a communications platform for hotel guests seeking to order hotel services, such as room service or amenities, and to communicate other actions such as checking out from selected hotels ("Customer(s)"). Customer acknowledges and agrees that MobileSuites acts as the agent of the Customer in communicating with their hotel, and that MobileSuites has no relationship with their hotel other than to provide the Support for the Customer as set forth in this Agreement. MobileSuites does not have control over the quality, timing, legality, failure to provide or any other aspect whatsoever of the hotels’ services.
YOU AGREE THAT NEITHER MOBILESUITES NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY PERSONAL SHOPPER OR FOR ANY PERSONAL SHOPPER SERVICES. NEITHER MOBILESUITES NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY HOTEL. IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE HOTEL, YOU HEREBY RELEASE MOBILESUITES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS, INCLUDING WITHOUT LIMITATION ATTORNEY'S FEES, LOSS OR DAMAGE OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Transactions Involving Alcoholic Beverages
Alcoholic beverages may only be purchased by individuals, including without limitation Customers, who are at least twenty-one (21) years old ("Legal Age"). If you are a Customer, you expressly represent and warrant that you are of Legal Age.
MobileSuites does not charge any fee with respect to Alcoholic Beverages or Customer's purchase of Alcoholic Beverages from retailers. When Customer places an order for Alcoholic Beverages using the App ("Alcoholic Beverage Order"), such Alcoholic Beverage Order will be either accepted or rejected by the hotel to whom the Alcoholic Beverage Order was placed. MobileSuites has no authority to accept Customer's Alcoholic Beverage Order, and no sale pursuant to Customer's Alcoholic Beverage Order will become final unless and until the Customer’s hotel accepts Customer's Alcoholic Beverage Order.
Use of Material
Except as otherwise provided herein, all rights to all materials, content, layout, images, text, design (and any underlying software and computer codes) of this App are proprietary to MobileSuites and its affiliates. Users of this App or of the MobileSuites Support ("you" or "User(s)") may browse the App and may download material displayed on the App for non-commercial, lawful, personal use only, provided all copyright and other proprietary notices contained on the material so downloaded are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying, reproduction, posting on any other website, republication, downloading, uploading, encoding, modification, translation, public performance or display, distribution or transmission of any portion of this App, or the making of any derivative works from this App, is prohibited.
You are the sole authorized User of any account you create with MobileSuites. You are responsible for maintaining the confidentiality of any password or account number provided by you or MobileSuites for accessing the Support. You are solely and fully responsible for all activities that occur under your password or account. MobileSuites has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account, you will notify MobileSuites immediately.
You may opt-out of receiving text messages from us by emailing firstname.lastname@example.org. If you provide your cell phone number to MobileSuites pursuant to the use of the Services, you hereby affirmatively consent to our use of your cell phone number for calls and texts in order to perform the Services.
USE OF THE SUPPORT IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE APP AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SUPPORT IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MOBILESUITES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SUPPORT OR THE CONTENT OF ANY WEBSITES LINKED TO THE MOBILESUITES APP. MOBILESUITES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MOBILESUITES APP OR THE SUPPORT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF MOBILESUITES’ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
MOBILESUITES DOES NOT WARRANT THAT THE APP WILL OPERATE ERROR-FREE OR THAT THE APP AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE APP RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MOBILESUITES SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. MOBILESUITES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. MOBILESUITES MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, SUPPORT, SOFTWARE, TEXT, GRAPHICS OR LINKS. MOBILESUITES AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
Limitation of Liability
YOU AGREE THAT MOBILESUITES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF THE SUPPORT; OR (II) IN CONNECTION WITH THE PERFORMANCE OF OR BROWSING IN THE APP OR YOUR LINKS TO OTHER WEBSITES FROM THIS APP, EVEN IF MOBILESUITES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT MOBILESUITES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. IN NO EVENT SHALL MOBILESUITES’ TOTAL LIABILITY TO YOU FOR ANY LOSSES ARISING HEREUNDER EXCEED THE AMOUNTS PAID BY YOU TO MOBILESUITES HEREUNDER.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SHOULD A JURISDICTION BE ADVERSE TO A LIMITATION OR EXCLUSION OF WARRANTIES, SUCH PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND THE OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
You agree to defend, indemnify and hold harmless MobileSuites and its officers, directors, employees, agents and affiliates (each, an "Indemnified Party"), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the App or from any breach by you of these Terms and Conditions, including without limitation any actual or alleged violation of any federal, state or local statute, ordinance, administrative order, rule or regulation. MobileSuites shall provide notice to you promptly of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding.
At its sole discretion, MobileSuites may modify or discontinue the App, or may modify, suspend or terminate your access to the App or the Support, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the App or the Support, MobileSuites reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Support is terminated, this Agreement will remain enforceable against you. You may terminate this Agreement at any time by ceasing all use of the Support. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.
The parties shall first attempt to resolve any dispute related to this Agreement in an amicable manner by mediation with a mutually acceptable mediator. If unable to agree upon an acceptable mediator, either party may ask a mutually agreed upon mediation service to appoint a neutral mediator, and the mediation shall be conducted under the Commercial Mediation Rules of the mutually acceptable mediation service. Any disputes remaining unresolved after mediation shall be settled by binding arbitration conducted in Boston, Massachusetts utilizing a mutually agreed arbitrator or arbitration service. The arbitration shall be conducted under the Commercial Arbitration Rules of the mutually agreed arbitrator or arbitration service. Both parties shall be entitled in any arbitration to conduct reasonable discovery, including document production and a reasonable number of depositions not to exceed five per party. The prevailing party shall be entitled to recover its costs and reasonable attorney's fees, as determined by the arbitrator. The arbitrator shall be required to follow the law.
Governing Law and Severability
This Agreement is governed by the laws of the State of Delaware, without regards to its conflict of laws principles. If any provision of this Agreement is found to be invalid in any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Any offer for any product, feature, service or application made on this App is void where prohibited.
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
Changes to the Agreement
MobileSuites reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement, effective with or without prior notice. Your continued use of the App or the Support following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
MobileSuites welcomes your questions or comments regarding the Terms:
13 Pemberton St
Cambridge, Massachusetts 02140
For customer service inquiries, please email: email@example.com