By using this site, you (including any Licensee) agree to the following terms and conditions of use:
The content and information displayed on this website ("Site Information") is the property of Passkey International, Inc. ("Passkey") and/or other parties. The downloading, reproduction, or retransmission of Site Information, other than for non-commercial individual use, is strictly prohibited.
You agree that you will not use any device, software or other means to interfere or attempt to interfere with the proper working of our website, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained therein, without the prior express consent from an authorized Passkey representative.
With respect to all communications you make to Passkey regarding Site Information, including but not limited to feedback, testimonials, questions, comments, suggestions and the like: (a) you shall have no right of confidentiality in your communications and Passkey shall have no obligation to protect your communications from disclosure to others; (b) Passkey shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) Passkey shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
ALL INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply in those jurisdictions.
Passkey''s websites may contain or reference patents, trademarks, copyrighted materials, trade secrets, products, processes or other proprietary rights of Passkey and/or other parties. No license or right is granted to you for these patents, trademarks, copyrighted materials, trade secrets, products, processes and other proprietary rights.
If you are a Licensee, please be sure to consult your agreement with Passkey for any additional or different requirements applicable to your use of Passkey trademarks and or servicemarks ("Marks"). Passkey licenses its Marks for use only on products and services meeting Passkey''s high standards for quality, and all services rendered and products sold under or in connection with Passkey Marks must be in strict compliance with all agreements between you and Passkey and must otherwise only be used on products and in connection with services reflecting the high level of quality inherent in Passkey''s own products and services. Passkey reserves the right at any time to object to the use of any of its Marks on products or services which do not, in Passkey''s sole opinion, meet the level of quality which it desires. Passkey Marks may not be used by a third party as part of that party''s product, service, or tradename without an express written agreement permitting such use. Licensees, such as authorized distributors for Passkey products or services, must consult their agreement with Passkey to determine whether and under what circumstances such use of Passkey Marks may be made. The following names are trademarks (TM) or service marks (SM) owned by Passkey:
You agree to use this website only to make legitimate reservations or purchases and shall not use this website for any other purpose, including without limitation, to making speculative, false or fraudulent reservations or purchases or any reservation in anticipation of demand.
You agree to protect your account or password from unauthorized disclosure. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this website and create binding legal obligations.
You agree not to post or transmit any:
Passkey respects others'' intellectual property and asks that you do too. Passkey will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to Passkey. Such notices should be reported using Passkey''s DMCA (Digital Millenium Copyright Act) Process. Passkey reserves the right to delete or disable content alleged to be infringing and to terminate repeat infringers. Passkey''s designated agent for notice of alleged copyright infringement is:
Copyright Agent: Steven Shapiro
Name: Steven Shapiro
Address: Passkey International, Inc., 221 Crescent Street, Waltham, MA 02453
e-mail address: Copyright@passkey.com
You agree that you have read and accept the privacy statement incorporated herein.
Your use of this website is subject to your agreement to and acceptance of all terms and conditions of use set forth in this agreement ("Agreement"). By using this website, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this website.
Except as specifically stated, Passkey owns and retains, solely and exclusively, all rights, title, and interest in licensed programs ("Licensed Programs") and all other software, source codes, object codes, pages and related documentation, patents, copyrights, trademarks, service marks and derivative works currently owned by Passkey (collectively referred to as "Licensed Programs and Documentation"). This agreement does not transfer ownership rights of any description in Passkey''s Licensed Programs and Documentation, or any related materials to the User or any third party.
You warrant and represent that your use of and access to the Licensed Programs is restricted solely to your fully trained and authorized employees, agents, representatives, or end users (collectively, "User(s)") that require housing solutions as provided by User and that access to Licensed Programs will be limited to access required in the ordinary course of performing User''s duties. User shall not provide access to any Licensed Programs or operating software, passwords or access codes to any persons or entities other than to its authorized personnel. Further, User will not by any electronic, electrical, magnetic, optical, laser, acoustic, or similar means make or maintain a copy of any portion of the materials, other than User''s data, provided on Licensed Programs other than for purposes of reporting reservations and collecting reservations or other fees. User agrees to terminate access to Licensed Programs following termination or separation from entity that has licensed the programs (that is, Passkey) or no longer has a need to access the Licensed Programs. User agrees to not access Licensed Programs for any purpose other than for fulfilling the services and transactions for which the Licensed Programs are intended. User agrees to commit their passwords to memory and not store their passwords in any visible manner.
User warrants that, to the best of its knowledge and belief, it is compliant with Payment Card Industry Data Security Standards (PCI DSS) and any other federal, state and local laws, rules, regulations and ordinances that apply to the protection of credit card information. User agrees to protect and secure individual reservation holders'' data, including sensitive credit cardholder information, from unintentional or intentional disclosure. Credit cardholder information is defined as credit card account numbers, CVV numbers, expiration dates and magnetic strip information. This protection includes, but is not limited to, the following:
Never storing nor transmitting cardholder information via unencrypted means such as unencrypted Emails, files, word processor documents, databases, World Wide Web documents, text files, spreadsheet files and any other unencrypted means.
Destroying sensitive cardholder information immediately following its necessary use in a PCI DSS compliant manner.
Never using sensitive cardholder information for any purpose other than the original intended transaction.
Never accessing sensitive cardholder information other than for the purpose of fulfilling the original intended transaction and only accessing sensitive cardholder information when it is necessary to fulfill the transaction.
Never entering sensitive cardholder information in any fields in the Licensed Programs other than those specifically intended for the information.
Securing any printed reports containing sensitive cardholder information in a suitable vault or safe.
Destroying any printed reports containing sensitive cardholder information immediately following its necessary use.
Users with Administrator Permissions ("Administrator Users") to setup and manage other Users ("Other Users") will verify the identity of the Other Users prior to communicating Usernames and Passwords. Passwords will be communicated using a secure mechanism that prevents unauthorized disclosure. Under no circumstances will a Password be written down or typed into a stored or Emailed document.
Administrator Users will only provide access to Other Users who have a need to access the Licensed Programs in order to fulfill the services and transactions for which the Licensed Programs are intended.
Administrator Users will only provide access to Other Users who are employees or agents of the organization for which the Administrator User is associated.
Administrator Users will immediately disable access for Other Users who are separated or terminated from the organization for which the Administrator User is associated.
NEITHER PASSKEY NOR ANY HOTEL COMPANY WARRANTS THAT LICENSED PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA INTERNET SERVICE PROVIDERS, OR THIRD PARTY PROVIDERS IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. USER ASSUMES SOLE RESPONSIBILITY FOR ALL OF ITS USE OF LICENSED PROGRAMS. NEITHER PASSKEY NOR HOTEL COMPANY MAKES ANY WARRANTY, EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE, AS TO ANY MATTER WHATSOEVER, AND ALL WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OMISSIONS, CURRENTNESS, DELAYS AND NONINFRINGEMENT OF THIRD PARTY RIGHTS ARE EXPRESSLY DISCLAIMED AND EXCLUDED.
IN NO EVENT SHALL PASSKEY OR HOTEL COMPANY, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY EXEMPLARY, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING IN WHOLE OR IN PART TO USER''S RIGHTS HEREUNDER OR USE OF, OR INABILITY TO USE OR DELAY OR FAILURE TO PROVIDE LICENSED PROGRAMS, OR FOR, LOST PROFITS, LOSS OR INTERRUPTION OF DATA OR COMPUTER TIME, ALTERNATION OR ERRONEOUS TRANSMISSION OF DATA, OR PROGRAM ERRORS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF PASSKEY AND HOTEL COMPANY HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER NEITHER PASSKEY NOR HOTEL COMPANY SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY CLAIM(S) RELATING IN ANY WAY TO ANY THIRD PARTY FEATURE. LIMITATION PERIOD: No action arising out of or in connection with this Agreement or the transactions contemplated by this Agreement may be brought by either party against the other more than two (2) years after the action occurs. IN THE EVENT THAT PASSKEY IS FOUND LIABLE FOR DAMAGES, FOR ANY REASON WHATSOEVER, THE AGGREGATE LIABILITY OF PASSKEY TO USER FOR ALL TRANSACTIONS OR OCCURRENCES ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL BE LIMITED TO TWO TIMES THE AMOUNTS ACTUALLY PAID BY USER TO PASSKEY DURING THE TWELVE MONTHS IMMEDIATELY PRECEEDING SUCH CLAIM OF DAMAGES. EACH PARTY ACKNOWLEDGES THAT IT RELIED UPON THE INCLUSION OF THIS LIMITATION IN CONSIDERATION OF ENTERING INTO THIS AGREEMENT.
User agrees to defend, indemnify and hold harmless Passkey and Hotel Company (as applicable), their respective directors, officers, employees, affiliates and agents (collectively, "Indemnities") against any claim, demand, cause of action, debt or liability, including reasonable attorneys'' fees (collectively, "Claims") to the extent that it is based upon a breach of User''s representations, warranties or obligations hereunder; it arises out of the negligence or willful misconduct of User; or it is based upon User''s violation of any applicable federal, state or local law or regulation in providing products or services hereunder. User must notify Passkey promptly in writing of any claim hereunder, and provide, at User''s expense, all reasonably necessary assistance, information and authority to allow Passkey to control the defense and settlement of such claim. Additionally, User shall notify Passkey promptly in writing of any known infringement of Passkey''s intellectual property.
Entire Agreement: This Agreement as it exists on the date this Agreement is accepted, attached and incorporated in this Agreement, constitute the final, complete, and exclusive understanding between the parties, and replace and supersede all previous or contemporaneous oral or written agreements, understandings, arrangements, negotiations, and discussions, between the parties with respect to the subject matter of this Agreement.
No Transfer: User will not transfer, sublicense or assign its rights or delegate its obligations, in whole or in part, under this Agreement without Passkey''s prior written consent, which will not be unreasonably withheld. This Agreement shall be binding upon the permitted successors and assigns of the parties to this Agreement.
Waiver and Severability: If any provision of this Agreement is held illegal, void or unenforceable as to any situation or person, the balance will remain in effect and the provision in question will remain in effect as to all other persons or situations, as the case may be. The waiver by either party of any term or provision of this Agreement will not be deemed to constitute a continuing waiver thereof nor of any further or additional rights such party may hold under this Agreement.
Survival: In addition to those provisions that specifically provide for survival beyond expiration or termination, all provisions regarding disclaimer of warranty, liability and limits thereon will survive indefinitely.
Controlling Law and Arbitration: This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, exclusive of its rules governing conflict of laws. Each party shall have the right to institute judicial proceedings against the other party or anyone acting by, through or under such other party, in order to enforce the instituting party''s rights hereunder through reformation of contract, specific performance, injunction (without the necessity of posting a bond) or similar equitable relief. Each party agrees that Passkey shall have the right to recover its reasonable attorneys fees incurred to prosecute or defend any judicial proceeding in which Passkey is the prevailing party.