Terms of Use and Privacy Policy

Terms of Use

1. Introduction. Thank you for using www.lobbylights.com (the “Site”). The Site is owned and operated by Lobbylights, LLC (“Lobbylights”) and hosts an online hotel and lodging industry wage, compensation and benefits survey (the “Survey”). These terms of use (“Terms”) contain the terms pursuant to which Lobbylights provides services (“Services”) to you and describe how the Services may be accessed and used. You indicate your agreement to these Terms by clicking on a button indicating your acceptance of these Terms, by executing a document that references these Terms, or by using the Services. By using the Site, you represent and warrant that you are 18 years of age or older and possess the legal right and ability to enter into these Terms and to use the Site in accordance with all of the Terms. If you will be using the Services on behalf of an entity or organization, you agree to these terms on behalf of such entity or organization and you represent that you have the authority to do so. In such case, “you”, “your” and “yourself” will refer to that entity or organization. 2. Registration; Login and Password. In completing the registration process, you will create a login name and password. You are responsible for maintaining the confidentiality of the password and login name, and are fully responsible for all activities that occur under your password or account. If a password has been issued to you other than through the registration process, you are responsible for changing your password to protect the confidentiality thereof. You agree to: (i) keep your password confidential and not share such password with any other third party; and (ii) immediately notify Lobbylights of any unauthorized use of your password or account or any other breach of security. Your failure to comply with the foregoing may result in the immediate suspension or termination of your account. Lobbylights will not be liable for any loss or damage arising from your failure to comply with this provision. 3. Participation in Survey; Survey Results. Upon registration with the Site, you are required to complete the Survey in its entirety. Once you have registered and completed the Survey in its entirety, you will receive immediate access to the Survey results. The Survey results may be viewed by you at any time within the twelve (12) month period of time subsequent to your registration with the Site or in which you have otherwise been permitted access to the Site. You are required to complete the Survey in its entirety in advance of each twelve (12) month period of time in which you have subscribed for access to the Site and/or have otherwise been permitted access to the Site. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site. If you provide any information that is untrue, inaccurate, not current or incomplete, or Lobbylights has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Lobbylights has the right to (a) exclude any suspect data from the Survey results, and/or (b) suspend or terminate your account and refuse any and all current or future use of the Site, or any portion thereof. 4. Fees and Payments; Taxes. You agree to pay Lobbylights all fees for the subscribed for Services in accordance with the pricing terms presented to you and accepted by you for such Services. Unless otherwise stated, you are responsible for any taxes (other than Lobby Light’s income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay Lobbylights for the Services without any reduction for Taxes. If Lobbylights is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide Lobbylights with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. 5. Your Information; Privacy Policy. Your personal and confidential information submitted during the registration process and in completion of the Survey, together with any other information collected by Lobbylights on the Site (collectively, the “Information”) shall be deemed to be the sole property of Lobbylights and shall remain so in perpetuity. Any ideas, concepts, know-how or techniques contained in the Information shall be free for use for any purpose by Lobbylights, except as otherwise expressly provided in Lobbylights’ privacy policy, as modified from time to time (the “Privacy Policy”). The terms of such Privacy Policy are hereby incorporated into these Terms by reference. By using the Site, you represent and warrant that you have read and agree to the terms of the Privacy Policy. 6. Use of Site and Survey Data. You may not disseminate, publish or otherwise provide any aggregated Survey response data or other information obtained from the Site to any third party, whether for payment or not. You acknowledge that Lobbylights’ remedy at law will not be sufficient to protect it against irreparable harm suffered in the event of your breach of this Section and, accordingly, you agree and covenant that in addition to any other remedies Lobbylights may have for such breach, it shall be entitled to injunctive relief. 7. Changes and Updates. Lobbylights may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. Any changes will be posted to the location at which those terms appear. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require Lobbylights to obtain your consent to such changes, or to provide you with sufficient advance notice of them. By your continued use of the Services, you indicate your agreement to be bound by the updated terms. 8. Intellectual Property. Lobbylights does not grant any express or implied right to you under any patents, trademarks, copyrights, or other similar rights. The copyright in all material provided on the Site is held by Lobbylights or by the original creator of the material. You agree to comply with all copyright laws in your use of the Site and to prevent any unauthorized copying of the Site and its contents. The logos, marks, trade names and the products and services described in the Site are either trademarks, service marks or registered trademarks of Lobbylights or its licensors. Such marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Lobbylights or its licensors. In addition, the look and feel of the Site (including all page headers, graphics, icons, and scripts) are service marks, trademarks, and/or trade dress of Lobbylights, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Lobbylights. All other trademarks, registered trademarks, product names and Lobbylights names or logos mentioned herein are the property of their respective owners. 9. Advertisements; Links to Other Sites. The Site may contain advertisements which contain hyperlinks or references to other web sites. Lobbylights’ inclusion of such advertisements on the Site does not imply an endorsement of the sites, their content or the persons or entities operating those sites. While Lobbylights endeavors to provide links only to sites that are reputable and safe, we have no control over such sites and accordingly take no responsibility for the information, products or services obtained on such other sites and will not be liable for any damages arising from your access to such sites. 10. Modifications to Site or Services. Lobbylights reserves the right at any time to modify or temporarily suspend or discontinue the Site or the Services or any part thereof. Lobbylights shall not be liable to you or to any third party as a result of such modification or temporary suspension or discontinuation of the Site. 11. Indemnification. You will indemnify and hold harmless Lobbylights and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your use of the Services or a breach of these Terms, to the extent that such liabilities, damages and costs were caused by you. 12. Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE TERMS, THE SITE AND THE REPORTED DATA ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LOBBYLIGHTS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE AND THE REPORTED DATA MAY BE INCORRECT, OUT OF DATE, AND MAY CONTAIN ERRORS, DEFECTS, AND MAY NOT OPERATE ERROR-FREE OR NOT PRODUCE RESULTS AS EXPECTED. LOBBYLIGHTS DOES NOT WARRANT THE SECURITY OF DATA TRANSMISSIONS AND WILL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO YOUR INFORMATION. 13. Damages. IN NO EVENT SHALL LOBBYLIGHTS, ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, MEMBERS, MANAGERS OR OFFICERS HAVE ANY LIABILITY HEREUNDER TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS AND LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LOBBYLIGHTS, ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, MEMBERS, MANAGERS AND OFFICERS EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO LOBBYLIGHTS FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY; AND (B) US $100, REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. THE FOREGOING LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LOBBYLIGHTS AND YOU. THE SITE AND THE MATERIALS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. 14. Governing Law; Jurisdiction. These Terms shall be deemed to be made in and in all respects shall be interpreted, construed and governed by and in accordance with the laws of the State of Ohio without regard to the conflict of law principles thereof. For any proper purpose arising out of or relating to these Terms, you accept for yourself and in connection with your properties, generally and unconditionally, the exclusive jurisdiction of the Federal and State courts sitting in Cuyahoga County, Ohio, and waive any defense of forum nonconveniens, and irrevocably agree to be bound by any judgment rendered thereby in connection with these Terms. 15. Assignment. Your rights and obligations under these Terms may not be transferred or assigned to a third party without the prior written consent of Lobbylights. 16. Severability. In the event any provision of these Terms shall be held invalid or unenforceable for any reason, that provision shall be ineffective to the extent of such invalidity or unenforceability, and such invalidity or unenforceability shall not affect any other provision of these Terms. 17. No Waiver. The failure or delay to enforce a provision under these Terms shall not constitute a waiver hereunder. 18. Conflicts. To the extent any conflict exists, the terms of your Subscription Services Agreement, if applicable, prevail over these Terms.

Privacy Policy

Lobbylights, LLC (“Lobbylights”) thanks you for visiting www.lobbylights.com (the “Site”). Lobbylights respects the privacy of its subscribers, invitees and of those who visit the Site (“Users”). This privacy policy (“Privacy Policy”) describes the ways in which your privacy is protected when you access, interact with and use the Site. Lobby Lights does not share, sell, rent or trade (collectively, “Transfer”) your Information except as expressly provided in this Privacy Policy. By using the Site, you agree to this Privacy Policy and all other Lobbylights policies made available to you within the Site including, but not limited to, our Terms of Use (the “Terms”) which are hereby incorporated by this reference. Capitalized terms not otherwise defined in this Privacy Policy shall have the meanings ascribed to them in the Terms. If you do not agree with this Privacy Policy, please immediately discontinue your use of the Site. Lobbylights may modify this Privacy Policy from time to time. Your continued use of the Site after any such modification constitutes your acceptance of the modified policy.

Information Collection:

Lobbylights collects information from Users in several ways:

General Information

When you visit the Site, we may collect general information about your visit such as the webpages you viewed, services you viewed or searched for, length of visits to certain pages, the times and dates of these actions and any phone number used to call our customer service number. We may also collect data from the device and application that you use to access our services, including your IP address (from which we may infer your geographic location), login information and browser type. This type of information may be collected and retained through the use of cookies and other technologies.

Registration Information

When you register to use the Site, you voluntarily give us information about yourself. The information you give us may include your name, organization, address, e-mail address, phone number, username, financial and credit card information (including billing address).

Survey Response Information

When you complete the Survey, you will voluntarily provide certain demographic information about yourself and other personal, proprietary and confidential information regarding your business operations and your employees and their compensation and benefits.

Email Information

When you communicate with Lobbylights by email message, or when Lobby Lobbylights is asked to respond to you via email message, Lobbylights may retain the content of your email messages, together with information regarding your email address and the content of Lobbylights’ response to you.

Use of Information

General Information is used to assist us in improving the Site to better serve the Users. This General Information assists us and enables us to design and arrange the Site in the most User-friendly manner and to continually improve the Site to better meet the needs of Users. Registration Information is used by Lobbylights in administering the Site and providing the Services. Certain Registration Information, including financial information, may be sent to third-party processing services to process users’ credit card payments for the Services. Survey Response Information is compiled with data from other Survey respondents and reported back to Users as anonymous aggregated statistics. No individual Survey respondent’s data is ever available for other Users to see on the Site. Email Information is used to respond to your inquiry and provide information. Certain of your Information, including your General Information, Registration Information, Survey Response Information and Email Information may be Transferred to third parties, including but not limited to Lobbylights’ advertisers, business partners and affiliates: (i) to provide customer service; (ii) for marketing and promotional purposes; and (iii) to make available to you other products and services. Further, in the event Lobbylights goes through a business transaction such as a merger, an acquisition by another company, or a sale of all or a portion of its assets to which this Privacy Policy relates, your Information will likely be among the assets transferred and you will be notified via email and/or a prominent notice on the Site of such change in ownership or a change in the use of your Information, as well as any choices you may have regarding your Information. You acknowledge and agree that such Transfers may occur.

Security

Lobbylights takes every precaution to protect the Users’ Information. Lobbylights provides 256-bit SSL (Secure Socket Layer) encryption technology. All data transmitted between the Site and your computer is fully encrypted during the entire survey collection and results comparison sessions. You understand and agree that “perfect” security does not exist anywhere, including on the internet. Accordingly, Lobbylights cannot and does not warrant that your Information will be absolutely secure. Any transmission of data at or through the Site is at your own risk.

Advertisements/Third Party Use of Information

You may be able to access certain information related to third parties at the Site, or via links, banner ads or clickthroughs from the Site, regarding the goods or services of third parties. You understand and agree that your access to or use of those services is a matter entirely between you and the associated third parties, and Lobbylights shall have no liability whatsoever for any such access or use. Please note that Lobbylights’ advertisers that may now or hereafter present or sponsor advertisements on the Site may set and access their cookies on your computer once you click on one of their advertisements. Any advertiser’s use of cookies is subject to such advertiser’s privacy policies and terms and conditions, and not Lobbylights’ Privacy Policy or the Terms.

Disclaimer

EXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE TERMS, THE SITE AND THE REPORTED DATA ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LOBBYLIGHTS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE AND THE REPORTED DATA MAY BE INCORRECT, OUT OF DATE, AND MAY CONTAIN ERRORS, DEFECTS, AND MAY NOT OPERATE ERROR-FREE OR NOT PRODUCE RESULTS AS EXPECTED. LOBBYLIGHTS DOES NOT WARRANT THE SECURITY OF DATA TRANSMISSIONS AND WILL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO YOUR INFORMATION.

Damages

IN NO EVENT SHALL LOBBYLIGHTS, ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, MEMBERS, MANAGERS OR OFFICERS HAVE ANY LIABILITY HEREUNDER TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS AND LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LOBBYLIGHTS, ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, MEMBERS, MANAGERS AND OFFICERS EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO LOBBYLIGHTS FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY; AND (B) US $100, REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. THE FOREGOING LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LOBBYLIGHTS AND YOU. THE SITE AND THE MATERIALS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Miscellaneous

This Privacy Policy does not supersede the Terms that govern your use of the Site. Any conflict between the two shall be resolved in favor of the Terms.