Terms and Conditions

1. Agreement to Terms

By accessing or using Innovative Hospitality Marketing Inc.’s website, software, and services (collectively, the “Services”), you (“User” or “You”) agree to be bound by these Terms and Conditions (“Terms”). If you do not agree, you must immediately cease using the Services.

These Terms constitute a legally binding agreement between you and Innovative Hospitality Marketing Inc. (“Company,” “we,” “us,” or “our”). We reserve the right to update, modify, or discontinue these Terms at any time, with or without prior notice. Your continued use of the Services constitutes acceptance of any modifications.

2. Intellectual Property Rights

2.1 Ownership: All content, software, technology, trademarks, logos, and proprietary materials are owned by us and protected under IP laws.

2.2 License Grant: Users are granted a limited, non-exclusive, non-transferable, revocable license. Unauthorized use will result in termination and possible legal action.

3. Disclaimers and Limitation of Liability

3.1 No Guarantees or Warranties: Services are provided "AS IS" with no warranties.

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Performance guarantees

3.2 Limitation of Liability: We’re not liable for damages including lost profits, data, or service disruptions.

3.3 Third-Party Services: Not responsible for external services or content.

4. User Responsibilities & Restrictions

• Comply with laws
• No illegal/fraudulent use
• No disruption/hacking
• You’re responsible for content you upload

5. Indemnification

You agree to indemnify us from any claims or losses related to your use, violation of Terms, or uploaded content.

6. Termination & Suspension

We may suspend or terminate your access for any violation, fraud, or reputational harm.

7. Governing Law & Dispute Resolution

7.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

7.2 Dispute Resolution: Any disputes arising out of or related to these Terms must first be addressed by contacting Innovative Hospitality Marketing Inc.’s legal department at support@ihmloyalty.com. If unresolved, the dispute shall be settled through binding arbitration in Orange County, California, under the rules of the American Arbitration Association (AAA). By using the Services, you waive the right to participate in any class-action lawsuits against Innovative Hospitality Marketing Inc.

8. Force Majeure

We’re not liable for issues caused by disasters, government actions, cyberattacks, etc.

9. No Refunds Policy

All payments are final. No refunds under any circumstance. Hotel is responsible for monthly fees and 5% per membership sold.

10. Hotel-Member Relationship Disclaimer

We are a software provider only. All hotel-member issues must be resolved between them. We don’t intervene.

11. Hotel Performance Disclaimer

We don’t guarantee results. Success depends on hotel’s efforts and customer response.

12. Hotel Content & Benefit Customization Disclaimer

Hotels are responsible for their own content and benefits. We are not liable for errors or disputes.

13. System Availability & Maintenance

Temporary outages may occur due to updates or maintenance. We are not liable for losses from downtime.

14. No Partnership or Agency

These Terms do not create a partnership or joint venture. Each party acts independently.

15. User & Member Conduct

Hotels are responsible for member behavior. Misuse may result in platform restriction.

16. Hotel Acknowledgement of Terms

By using our Services, hotels agree to all responsibilities and disclaimers stated herein.

17. Changes to These Terms

We may update these Terms anytime. Continued use means acceptance of updates.

18. Merchant of Record

We are not the merchant of record. Hotels handle tax calculation, collection, and remittance.