TERMS OF AGREEMENT
GOVERNING 45-DAY FREE TRIAL OF HOTELGESTSM SOFTWARE PRODUCT

The services and use of the HotelGESTSM Site are provided to you (hereinafter also referred to as Member) under the terms and conditions set forth in this Terms of Agreement and any policies set forth on this Site from time to time by HotelGESTSM.

The Terms of Agreement set forth below and policies set forth on this Site comprise the entire Agreement between the Member and HotelGESTSM and supersedes any and all prior Agreements or understandings between the parties.

1. ACKNOWLEDGMENTS AND ACCEPTANCE.
   PLEASE READ THE FOLLOWING TERMS OF AGREEMENT CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING ON "SUBMIT", YOU ACCEPT AND AGREE TO ALL OF THE TERMS, CONDITIONS AND POLICIES, INCLUDING ALL WARRANTIES AND PROMISES BY MEMBER.
2. SERVICE PROVIDED.
   HotelGESTSM is providing the 45-day free trial of its trial survey product through the Site without charge. This trial product is: HotelGESTSM-Trial.
3. MODIFICATION TO SERVICES PROVIDED; TERMS OF AGREEMENT.
   Member agrees that HotelGESTSM may modify, delete or amend the Terms of Agreement from time to time at its own discretion, including charging a fee or fees for some services. In the event of Agreement change, HotelGESTSM will notify Member of any significant modification by email. If Member does not accept the modification, deletion or amendment, Member's trial will terminate at that time. Any and all use of the Site or the Services by Member after the notice is posted shall be deemed to be acceptance of the modification, deletion or amendment (as well as all other terms and conditions) to the Services, Site or Terms of Agreement.
4. 45-DAY FREE TRIAL PRIVILEGES.
   Member agrees that by registering to use the product free of charge for 45-days, Member has no rights or claims whatsoever on HotelGESTSM. On the 45th day after registration the HotelGESTSM will discontinue sending questionnaires to Member’s guests at members request. HotelGESTSM will continue to accept and tabulate survey responses for 10 days following the end of the 45 day period. On the 55th day after, registration, program will cease to be available unless before that day the Member enters into a contract Agreement whereby it begins to pay a license fee to HotelGESTSM for paid program startup.
   
   If no Agreement is signed, the 45-day trial will end and all the reports will no more be available on the web and the login and password will become invalid.
   
   All data will remain with HotelGESTSM and will be used for research purposes only. At no point, will the name of the Member be released to a third party unless the Member agrees.
5. REGISTRATION & PASSWORD.
   Member must be 18 years of age or older and shall provide current, complete, accurate information in the registration section of the Site. Member shall further update and keep such information current as needed.
   • Member shall provide a password in order to access the Services and Member's account and Member is solely responsible for maintaining the confidentiality of Member's password.
   • Member shall immediately notify HotelGESTSM of any unauthorized account activity, or any unauthorized use of Member's email list(s) or any other breach of security known to Member.
6. RESPONSIBLITIES
   Member: Member will register as a user under the 45-day free trial program by filling the required form provided on the Site. Registration will confirm that the Member accepts the Terms of Agreement that governs free trail. For the trial to proceed successfully, the Member will have to follow the prescribed procedures as outlined in the registration process. For the period of 55 days from the date of registration, reports will be accessible by using the login and password.
   
   HotelGESTSM: For the period of 45 days, HotelGESTSM will distribute the standard surveys by email free of cost to the Member. HotelGESTSM is not responsible for the response rate or number of respondents. Member understands and agrees that no potential survey respondent is obligated to respond to any survey nor will be incented to do so. HotelGESTSM is not responsible for any information transmitted by any survey respondent or for the conduct of any survey respondent.
7. DISCLAIMER OF WARRANTIES.
   MEMBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE AND THE SITE IS AT MEMBER'S SOLE RISK AND THAT THE SERVICE AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
   NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM THE SERVICE OR SITE OR THROUGH THE SERVICE OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
8. LIMITATION OF LIABILITY.
   TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HotelGESTSM NOR ANY PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF MEMBER'S ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICE OR ANY SURVEYS, QUESTIONNAIRE RESPONSES OR SURVEY RESULTS, EVEN IF ADVISED OF THE POSSIBILITY, NEITHER OF SUCH DAMAGES. IF MEMBER IS DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE OR THE SITE, OR WITH ANY OF THE TERMS OF AGREEMENT, MEMBER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND LEAVE THE SITE IMMEDIATELY.
9. NO SPAMMING.
   Member acknowledges and agrees that HotelGESTSM is serving as “ host" and report generator and is sending invitations to member’s guests at the request of the member. Member warrants that Member's use of the Site or Service will not violate any spamming, junk mail or other related laws or regulations prohibiting or discouraging unsolicited mail. HotelGESTSM will not disclose that information without the expressed prior written consent of Member. However, if Member has breached the Terms of Agreement, HotelGESTSM may report any such conduct to the appropriate authorities and turn over any and all information, including personally identifying information, to appropriate persons or entities.
10. OTHER PROHIBITED USES.
    Member agrees not to transmit through the Service or the Site any material or content.
11.  
1. PROPRIETARY RIGHTS.
   HotelGESTSM owns the content including the graphics, names, text, software, music, videos, sound, pictures, compilations, survey and questionnaire templates, surveys, page layout, design, processes, procedures, magnetic translation, digital conversion or other material contained in the Service and the Site to the extent such content is provided and/or designed by HotelGESTSM. Copyrights, trademarks, service marks, patents, or other proprietary rights and laws protect it all. No one may copy, reproduce, distribute in any way, or decompile, reverse engineer or disassemble the content. No one may copy, reproduce, transmit, post, distribute or create derivative works from this Site without prior express authorization.
   
   NO MISAPPROPRIATION OR MISUSE OF NAMES, MARKS, OTHER PROPRIETARY MATERIAL
   Member agrees not to use, misuse or misappropriate any brand names, trademarks, service marks, patents, images, text or other proprietary material or content of another on or through the Service or the Site. If Member uses any such proprietary material or content, by doing so, Member warrants that Member has the right and authority to do so.
   
   
2. DATABASE AND STORAGE OF SURVEYS, RESPONSES AND RELATED SURVEY DATA.
   Survey results will be maintained for a period of 10 days after the end of 45-day free trail to accommodate late respondents.
12. TERMINATION.
    Either party may terminate these terms of Agreement hereto at any time. HotelGESTSM shall not be liable to Member or any third party in any manner for termination of the Service.
13. INDEMNIFICATION.
    Member agrees to defend, indemnify and hold harmless HotelGESTSM, its parent entities, subsidiaries, affiliates, officers, and employees, for any and all claims and demands, including attorney's fees, due to or arising from Member's use of the Service, surveys, survey responses, survey results and any other conduct related in any way to the Service or the Site, including but not limited to breaching any warranty or provision contained in these Terms of Agreement.
14. JURISDICTION.
    The Terms of Agreement and the relationship between Member and HotelGESTSM shall be treated as if entered into and executed in the State of Virginia in USA and shall be governed and construed in accordance with the laws of the State, without regard to conflict of law principles.
15. NATURE OF AGREEMENT.
    Member agrees that the registration procedure, account set-up and subsequent activation of the "Submit" button constitute acknowledgement and Agreement to the Terms of Agreement. Further, the Terms of Agreement is the entire and only agreement between the parties and supersedes any prior or other understandings, representations or warranties. Member agrees that each use of the Services and the Site reaffirms Member's acknowledgment and agreement to the HotelGESTSM use policies and these Terms of Agreement.