Terms & Conditions
Last modified: February 17, 2017
1. Introduction and Acceptance. This End User License Agreement (the “Agreement”) is a legal agreement between you (either an individual or an entity) and HMSHost Corporation (the “Licensor”) regarding the use of Licensor’s software entitled Host2Coast, which includes user documentation provided, in electronic form (the “Software”). This Agreement is concluded between you and Licensor and not with Apple Inc. or Google, Inc. However, You acknowledge and agree that Apple Inc., Apple Inc.’s subsidiaries, Google, Inc., and Google, Inc.’s subsidiaries are third party beneficiaries of this Agreement, and, on your acceptance of the terms and conditions of this Agreement, Apple and Google will each have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof. Licensor is solely responsible for the content of the Software. You acknowledge that any maintenance and support services for the Software, if any, will be provided by Licensor and that neither Apple nor Google have any obligation whatsoever to furnish any such services for the Software.
BEFORE YOU CLICK ON THE “I AGREE” BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE “I AGREE” BUTTON, YOU ARE (a) AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT; (b) REPRESENTING THAT YOU ARE 18 YEARS OF AGE OR OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “EXIT” BUTTON AND THE SOFTWARE WILL NOT BE INSTALLED ON YOUR MOBILE DEVICE OR TABLET.
2. Ownership. The license granted hereunder does not constitute a transfer or sale of Licensor’s ownership rights in or to the Software. Except for the license rights granted below, Licensor and its suppliers and licensors retain all right, title and interest in and to the Software, including all intellectual property rights therein. The Software is protected by applicable intellectual property laws, including United States copyright laws and international treaties.
3. Grant of License. Subject to the restrictions set forth below, this Agreement grants you a limited, non-exclusive, and non-transferrable license to download, install and use the specified version of the Software, for personal, non-commercial use only during the Service Period on a single mobile device or tablet. The “Service Period” shall begin on the date of your initial activation of the Software, and shall last until such time that termination occurs under Section 5 of this Agreement. The Software is “in use” on a mobile device or tablet when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk or other storage device) of that mobile device or tablet. You acknowledge that Licensor, not Apple or Google, is responsible for addressing any claims from You or any third party relating to the Software or your possession and/or use of the Software, including, but not limited to (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
4. License Restrictions. You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not remove or destroy any copyright notices or other proprietary markings. You may not modify or adapt the Software, merge the Software into another program or create derivative works based on the Software. You may not use, copy, rent, lease, lend, sell or distribute the Software without Licensor’s authorization, except that you may make one (1) copy of the Software for archival or back-up purposes only.
5. Termination. THIS AGREEMENT SHALL TERMINATE UPON THE EARLIER OF: (i) YOUR FAILURE TO COMPLY WITH ANY TERM OF THIS AGREEMENT; (ii) THE RETURN, DESTRUCTION, OR DELETION OF ALL COPIES OF THE SOFTWARE IN YOUR POSSESSION; OR (iii) LICENSOR DECIDES, IN ITS SOLE DISCRETION, TO DISCONTINUE OFFERING THE SOFTWARE. Licensor’s rights and your obligations shall survive the termination of this Agreement. Upon termination of this Agreement by Licensor, you shall destroy or return to Licensor all copies of the Software, or any portion thereof and you will no longer have authorization to use the Software. When this Agreement is terminated, you may no longer have access to data and other material you have stored in connection with the Software.
6. Updates. You are entitled to download updates to the Software when and as Licensor publishes them via its website or through other online services or stores. Licensor may, at its discretion, add, modify or remove features from the Software at any time with or without notice to you. After the Service Period, you have no further rights to receive any updates without the acquisition of a new license to the Software. You agree that Licensor has no obligation to provide any updates or to continue to provide or enable any particular features or functionality. You should promptly download and install all updates and acknowledge and agree that the Software or portions thereof may not properly operate should you fail to do so. You further agree that all updates will be deemed part of the Software and be subject to all terms and conditions of this Agreement.
7. Privacy. By entering into this Agreement, you agree that Licensor may collect, retain and use your personal information, including your name, e-mail address, telephone numbers, and your location and/or gate information. The Software may also use technology to collect usage details, device information, and location information. Your personal information will be used primarily to provide services and product functionality to you. Licensor may also use your personal information for additional communication with you, subject to your decision not to accept such communication from Licensor and subject to applicable laws.
8. Order, Pick-Up and Cancellation. Upon placing your order and scheduling a pick-up time, you may either cancel or change your order fifteen (15) minutes prior to your scheduled pick-up time. Please be aware of the relevant time zones, as applicable, during your travel and order/pick-up time. For additional questions, please contact Licensor by telephone at 1-(877) 672-7467.
9. Email Notices. Licensor or its vendors will send an email in order to verify your account upon setting up your account. You may receive additional emails if you change your account settings or password. You will also receive an email receipt for each order you place through the Host2Coast Mobile App for your record and for your use in picking up your order.
10. Third Party Materials. The Software may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third Party Materials"). You acknowledge and agree that Licensor is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Licensor does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions.
11. Disclaimer of Warranties. THE SOFTWARE IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Notwithstanding the foregoing, in the event the Software does not conform to any applicable warranty, you may notify Apple or Google, and Apple or Google will refund the purchase price you paid for the Software, if any. To the maximum extent permitted by applicable law, neither Apple nor Google will have any other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Licensor’s sole responsibility.
12. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL LICENSOR OR ITS SUPPLIERS, LICENSORS, DISTRIBUTORS, AGENTS, AND REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM THE THEFT, MISAPPROPRIATION, OR USE OF YOUR DATA STORED USING THE SOFTWARE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S OR ITS SUPPLIERS’, LICENSORS’, DISTRIBUTORS’, AGENTS’, OR REPRESENTATIVES’ AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT EXCEED THE FEES PAID BY YOU FOR THE SOFTWARE. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY AND DAMAGES SHALL NOT APPLY TO CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY.
13. Indemnification. You agree to indemnify, defend and hold harmless Licensor and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Software or your breach of this Agreement.
Notwithstanding the foregoing, You acknowledge that in the event of any third party claim that the Software, or your possession and use of the Software, infringes that third party’s intellectual property rights, Licensor, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
14. Export Regulation. You agree to abide by U.S. and other applicable export control and import laws and not to transfer the Software to any country or person prohibited under such laws. In no event may the Software, the underlying information and technology, and/or any support services be downloaded or otherwise exported, transferred, or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, the Crimea region of the Ukraine, or any other country or national of a country which the U.S. has embargoes, sanctions, or other export restrictions; or (ii) to any person or entity prohibited by the U.S. Government, including but not limited to persons and entities on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Parties List or Entities List.
15. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
16. Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Software shall be instituted exclusively in the federal courts of the United States or the courts of the State of Maryland in each case located in or for Montgomery County, Maryland. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
17. LIMITATION OF TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
19. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
20. Contact. You may contact Licensor at the below with questions, comments, and concerns regarding the Software:
6905 Rockledge Drive, Mail Stop # 5-6
Bethesda, MD 20817
ATTN: Innovation Group
TELEPHONE: 1-(877) 672-7467