Terms & Conditions


Terms and Conditions

These Terms provide that with limited exceptions covered by Section 17.3 of these Terms all disputes between you and Holiday Manor arising out of or relating to these Terms or your use of the PLATFORM (the “Disputes”) will be resolved by BINDING ARBITRATION.

For such Disputes, YOU WAIVE YOUR RIGHT TO bring a class or representative action, or GO TO COURT under these Terms. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims must be brought individually and not as a class or representative action. Please review Section 17 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to individually arbitrate any Disputes with Holiday Manor.

Thank you for your interest in the Holiday Manor application for your mobile device (the "App" or "Website") provided to you by Holiday Manor.

("Holiday Manor", "us" or "we"), and our web site (the "Site"), as well as all related web sites, networks, and downloadable software provided by us and on which a link to these Terms of Service is displayed (collectively, together with the App and Site, our "Platform").

These Terms of Service (these "Terms"), including the Privacy Policy incorporated into these Terms by reference and any other applicable policies and guidelines, as may be updated from time to time, govern your use of the Platform.

These Terms constitute a legal agreement between you and Holiday Manor. In order to use the Platform you must agree to these Terms. All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors.

If you use the Platform on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.

BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE PLATFORM, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE PLATFORM.

1. Eligibility

You must be at least eighteen (18) years old to use the Platform. By agreeing to these Terms, you represent and warrant to us:

  • (1) That you are at least eighteen (18) years old;
  • (2) That you have not previously been suspended, banned, or removed from the Platform;
  • (3) That your registration and your use of the Platform is in compliance with any and all applicable laws and regulations.

2. Accounts and Registration

To access some features of the Platform, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number, profile image, or other contact information).

You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password.

You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us via email. Holiday Manor will not be liable and you may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by Holiday Manor or a third party arising from someone else using your account due to your conduct regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.

3. Scope of License

The Platform is licensed, not sold, to you for use only under the terms of this license. Holiday Manor reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with these Terms, Holiday Manor hereby grants you a personal, limited, non-sublicensable, non-transferable, and revocable license to access the Platform on compatible devices that you own or control, solely for your own personal, non-commercial use, and only in a manner that complies with all legal requirements that apply to you or your use of the Platform. Holiday Manormay revoke this license at any time, in its sole discretion.

You may not modify, alter, reproduce, distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App.

If you breach these license restrictions, or otherwise exceed the scope of the license granted in these Terms, you may be subject to prosecution and legal damages, as well as liability for infringement of intellectual property rights.

These Terms will govern any updates provided to you by Holiday Manor that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license in which case the terms of that license will govern.

4. Payment Terms

4.1. General Payment Terms

You understand that the prices for menu items displayed through the Platform may differ from the prices offered for the same menu items and/or from prices available at third-party websites/mobile applications. Prices for menu items displayed through the Platform may not be the lowest prices at which the menu items are sold.

Certain features of the Platform, including placing orders, may require you to pay fees to Holiday Manor. Holiday Manor may change, or add, fees for use of our Platform at any time as we deem necessary or appropriate for our business, and we may incorporate certain fees into the price of menu items. You will have an opportunity to review and accept an estimate of the fees and other pricing that you will be charged, as applicable. The final fees may differ from the estimate. In all cases, you acknowledge and accept that a fee will be charged and you agree to pay said fee. We encourage you to check our terms and conditions periodically to learn more about how we charge for the Platform.

Holiday Manor has no obligation to itemize its costs, Estimated Fees, profits or margins when publishing prices on the Platform and reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes on the Platform provided under these Terms (other than taxes based on Holiday Manor’ income).

Holiday Manor will charge the payment method you specify at the time of purchase or as otherwise specified by you in your account information.
Charges paid by you are final and non-refundable. Holiday Manor has no obligation to provide refunds or credits. However, Holiday Manor, in its sole discretion, may provide consumers with refunds, courtesy delivery or product credits, or make promotional offers with different features and different rates to any consumers, which are subject to these Terms.

4.2. Payment Authorization

You authorize Holiday Manor to charge all sums for orders that you make to the payment method designated in your account. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account.
When you place an order through Holiday Manor, a temporary pre-authorization hold may placed on your designated payment method to verify that the card is valid and has funds available for your intended purchase. The amount of this pre-authorization hold may be greater or less than the order total quoted at checkout.
However, your payment will be captured up to 24 hours after your order is completed or cancelled. In the event that the pre-authorization is greater than the final amount, the difference will be released after your order is completed or cancelled; depending on your bank, it may take up to 5 business days to receive access to these released funds.
In the event that the pre-authorization is lower than the final amount, we will either authorize an increase in the original amount or, if unsuccessful, we will capture the increase in amount owed by you in a second authorization.
Holiday Manor also may places an initial temporary pre-authorization hold on each new payment method you add to your account.
Holiday Manor reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.

4.3. Delinquent Accounts

If payment due on your account is delinquent, we reserve the right to suspend or terminate your access to the Platform; your account information may be sent to a collection agency/debt collector and you may be subject to a collection action, and payment of collection related fees and costs. If your payment card expires or is replaced by your issuing bank, the card network may provide us with updated card details associated with the same account. We may use these new details in order to help prevent any interruption to the Platform. If you would like to use a different payment method, please visit your account settings to update your billing information. In addition, we may charge another stored payment card if your default payment is declined or no longer available to us.

4.4. Consumer Not Available

Holiday Manor reserves the right to charge you the full order amount, including any Holiday Manor fees, if you are not at the designated delivery location when the Courier arrives to complete the delivery or if you fail to pick up an order from Holiday Manor.

4.5. Cancelled Orders

4.5.1 Delivery Orders

If you cancel a delivery order, you will be charged for delivery fee which is "Non Cancelable Non Refundable" and also you may charge for the order depending on what stage the order was in when you cancelled.

4.5.2 pickup Orders

If you cancel your order, you may be charged depending on what stage the order was in when you cancelled.

5.Third-Party Interactions

The Platform enables you to engage third-party Couriers to provide delivery services. Any interactions or disputes between you and a Courier are solely between you and that Courier. Holiday Manor, Opeqe Inc and its licensors shall have no liability, obligation or responsibility for any interaction between you and any Courier.

6.Third-Party Terms

Parts of the Platform may include Google Maps features and content, including the Google Maps API(s). Your use of Google Maps is subject to the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy.

7. Your Use of the Platform

In order to use the Platform, you agree to the following:
  • The Platform, including any content that forms part of the Platform, contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including copyright;
  • You will not violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right, or otherwise engage in the unauthorized use of any proprietary content, information or materials;
  • Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Platform, and you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Platform without prior written authorization;
  • You agree not to bypass any security or other features of the Platform designed to control the manner in which the Platform is used, harvest or mine content from the Platform, or otherwise access or use the Platform in a manner inconsistent with individual human use;
  • You agree not to perform any fraudulent activity, including impersonating any person or entity, or accessing any other Platform account without permission;
  • You agree not to decipher, reverse engineer, decompile or disassemble the Platform, or the software used to provide the Platform, in whole or in part, or authorize, direct, or cause a third party to do so;
  • You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Platform, or any portion thereof, unless and solely to the extentHoliday Manor or Opeqe Inc makes available the means for embedding any part of the Platform;
  • You agree not to access, tamper with, or use non-public areas of the Platform, Holiday Manor’ (and Opeqe Inc or its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Holiday Manor’ providers;
  • You agree not to use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
  • You agree not to use the Platform in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Holiday Manor is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Platform;
  • You agree that your use of the Platform may incur third-party fees, such as fees charged by your Carrier for data usage, and may be subject to third-party terms, such as your Carrier’s terms of service, and you agree to pay all such fees and abide by all such terms; and You agree not to introduce viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code into the Platform.

Transactions involving Alcohol. Alcoholic beverages (including but not limited to beer, wine, cider, and spirits, as applicable; all referred to as "Alcoholic Beverages") may only be purchased by consumers who are of Legal Age in jurisdictions that permit such purchase.
If you are a consumer, you expressly represent and warrant that:

  • (i) you are of Legal Age; and
  • (ii) you will provide bona fide government-issued photo identification to your Courier upon delivery to you.
    Valid forms of identification include but are not limited to:
    • (i) a valid motor vehicle operator’s license,
    • (ii) a passport issued by the U.S. or by a foreign government, or
    • (iii) a valid identification card issued to a member of the Armed Forces that includes a date of birth and a picture, showing your Legal Age.
  • Deliveries of Alcoholic Beverages may not be made to anyone who is intoxicated, regardless of his or her age.
  • You agree not to do any of the acts described in this Section 7, or to assist or permit any person in engaging in any of the acts described in this Section 7.

8. Consent to Use of Data

Please see Holiday Manor’ Privacy Policy, for more information regarding information Holiday Manor collects, and how it uses and shares that information.

9. Intellectual Property Ownership

The Platform, and the media and materials contained in the Platform, including all intellectual property rights in the Platform, are the sole and exclusive property of Holiday Manor and Opeqe Inc and its licensors. Except for the limited license expressly granted by and to you under these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by Holiday Manor and Opeqe Inc in these Terms are expressly reserved.

10. Communications

10.1. Text Messaging

By using the Platform, you understand and agree that Holiday Manor and those acting on its behalf may send you text (SMS) messages (potentially including messages generated using an automatic telephone dialing system) at the phone number you provided us. These messages may include operational messages about your use of the Platform, as well as marketing or other promotional messages. You will not be able to use the Platform without agreeing to receive operational text messages.

You may opt-out of receiving marketing or other promotional text messages at any time by sending an email to helpdesk@opeqe.com indicating that you no longer wish to receive marketing or other promotional texts along with the phone number of the mobile device receiving the messages, or by following any unsubscribe instructions in the text messages.
You may continue to receive text messages for a short period while Holiday Manor processes your request, and you may also receive text messages confirming the receipt of your opt-out request.

If you do not want to receive operational text messages from Holiday Manor, do not place orders through the Platform.

Your agreement to receive marketing texts is not a condition of any purchase or use of the Platform. If you change or deactivate the phone number you provided to Holiday Manor, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number.
Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your Carrier for details.

10.2. Push Notifications

When you use Holiday Manor website or install our App on your mobile device you agree to receive push notifications, which are messages an app sends you on your mobile device even when the app is not on. You can turn off notifications by visiting your mobile device's "settings" page.

10.3. Email

Holiday Manor may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.

10.4. E-SIGN Disclosure

By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by contacting us via the Help Center with “Revoke Electronic Consent” in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need :

  • (i) a device (such as a computer or mobile phone) with a web browser and Internet access.
  • (ii) either a printer or storage space on such device.
    For a free paper copy, or to update our records of your contact information, please contact us email with contact information and the address for delivery.

11. Indemnity

You are responsible for your use of the Platform, and you agree to defend (at Holiday Manor’ option), indemnify, and hold harmless Holiday Manor and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:

  • Your violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
  • Your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
  • Any dispute or issue between you and any third party, including any Courier, Merchant, or other third-party.

Holiday Manor reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations) and you agree to cooperate with our defense of that claim.
If the defense or settlement is assumed by you,Holiday Manor may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim that you are defending on behalf of Holiday Manor or OpeqeInc without Opeqe Inc and Holiday Manor’ prior written consent.

This provision does not require you to indemnify Holiday Manor for any unconscionable commercial practice by such party, or for such party’s gross negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Software or Services.

You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Software and/or Services.

12. Disclaimer of Warranties

YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY HOLIDAY MANOR TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. HOLIDAY MANOR MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PLATFORM.
HOLIDAY MANOR DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; THAT THE PLATFORM OR ANY PRODUCTS OR MATERIALS OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT THE PLATFORM OR THE SERVER(S) THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

HOLIDAY MANOR’ PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.HOLIDAY MANOR IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

HOLIDAY MANOR RELIES UPON MERCHANTS, INCLUDING, BUT NOT LIMITED TO, RESTAURANTS AND OTHER THIRD-PARTY FOOD AND BEVERAGE PROVIDERS AND RETAILERS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. HOLIDAY MANOR DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION ACCESSIBLE THROUGH THE PLATFORM IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, INCLUDING WITHOUT LIMITATION MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE PLATFORM IS SOLELY AT YOUR OWN RISK, INCLUDING WITHOUT LIMITATION NUTRITIONAL AND ALLERGEN INFORMATION.

HOLIDAY MANOR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR PLATFORM ADVERTISED OR OFFERED BY A MERCHANT OR OTHER THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR THIRD-PARTY SERVICE, AND HOLIDAY MANOR WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

13. Limitation of Liability

IN NO EVENT SHALL HOLIDAY MANOR’ AGGREGATE LIABILITY EXCEED THE HOLIDAY MANOR FEES ACTUALLY PAID BY YOU TO HOLIDAY MANORIN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $500, WHICHEVER IS LESS. IN NO EVENT SHALL HOLIDAY MANORAND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF HOLIDAY MANOR AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY SECTION APPLIES FULLY IN ALL STATES, INCLUDING RESIDENTS OF CA AND KY.

THE PLATFORM CONNECTS YOU TO COURIERS FOR THE PURPOSES OF FACILITATING COURIER AND DELIVERY SERVICES. HOLIDAY MANOR WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY COURIERS, AND YOU EXPRESSLY WAIVE AND RELEASE HOLIDAY MANOR FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE COURIERS OR MERCHANTS. HOLIDAY MANOR WILL NOT ASSESS THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS PROVIDED BY MERCHANTS ON THE PLATFORM, AND YOU EXPRESSLY WAIVE AND RELEASE HOLIDAY MANOR FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO MERCHANTS, AND THE ITEMS THEY PROVIDE.
HOLIDAY MANOR WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, BETWEEN YOU AND ANY COURIERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE PLATFORM (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH YOU. IN ADDITION, WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTIES, AND YOU EXPRESSLY WAIVE AND RELEASE HOLIDAY MANORFROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE PLATFORM.

14. Notice

HOLIDAY MANOR may give notice by any means of communication reasonably anticipated to notify you of the information provided. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner.

You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. By way of example only, such communication may be a general notice on the Platform or via email to the email address listed on your Holiday Manor account.
It is your obligation to update your account information so that we may contact you as may be necessary. Such notice shall be deemed to have been given 48 hours after dispatch. If physical notice (e.g., US Mail) is used, then such notice shall be deemed to have been given 7 days after dispatch.

Except as explicitly described in the Dispute Resolution and Arbitration section, you may give notice to Holiday Manor(such notice shall be deemed given when received by Holiday Manor) at any time by any of the following:
letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Holiday Manor at the following address:

Holiday Manor
2226 Holiday Manor Center #1
Louisville, KY 40222
Attn : Managment

15. Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent.
We may assign these Terms in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be void.

16. Term and Termination of Agreement

These Terms are effective until terminated by you, Holiday Manor or Opeqe Inc as described below.
Your rights under these Terms will terminate automatically without notice from Holiday Manor or Opeqe Inc if you fail to comply with any of these Terms (including by violating any license restriction contained in these Terms). In addition, Holiday Manor or Opeqe Inc may in its sole discretion terminate your user account on the Platform or suspend or terminate your access to the Platform at any time without notice.
We also reserve the right to modify or discontinue the Platform at any time (including by limiting or discontinuing certain features of the Platform) without notice to you. We will have no liability whatsoever on account of any change to the Platform or any suspension or termination of your access to or use of the Platform.
You may terminate these Terms at any time by closing your account, uninstalling the App, and ceasing use of the Platform.

17. Dispute Resolution and Arbitration

17.1. Disputes

Holiday Manor is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility \ or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, any Courier or other third party. Disputes between you and Holiday Manor are subject to this Section 17.

You and Holiday Manor agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in these Terms.

17.2. Generally

In the interest of resolving Disputes between you and Holiday Manor in the most expedient and cost effective manner, you and Holiday Manor agree that every Dispute arising in connection with these Terms will be resolved by binding individual arbitration. Arbitration is more informal than a lawsuit in court.

Arbitration uses a neutral arbitrator instead of a judge or jury, and can be subject to very limited review by courts. While the parties will be permitted to engage in discovery or exchange of non-privileged information relevant to the dispute, arbitration may allow for more limited discovery allowed for in court.

Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, the Platform, or your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HOLIDAY MANOR OR OPEQE INC ARE EACH WAIVING THE RIGHT TO GO TO COURT OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

17.3. Exceptions

Despite the provisions of the paragraph directly above, we all agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either of us to:

  • (1) Bring an individual action in small claims court;
  • (2) Pursue an enforcement action through the applicable federal, state, or local agency if that action is available; or
  • (3) File suit in a court of law to address an intellectual property infringement claim.

17.4. Arbitrator

Any arbitration between you and Holiday Manor shall be conducted by a single arbitrator, governed by JAMS pursuant to its Comprehensive Arbitration Rules & Procedures (collectively, “JAMS Rules”), as modified by these Terms, and administered by JAMS.
The JAMS Rules and fee information are available at www.jamsadr.com or by calling JAMS at (213) 620-1133.
The arbitrator is bound by these arbitration terms. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrabilty of this Section 17.

17.5. Notice Process

A party who intends to seek arbitration must first send a written notice of the Dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail ("Notice").

Holiday Manor’ address for Notice is:
Holiday Manor
2226 Holiday Manor Center #1
Louisville, KY 40222
Attn : Managment

The Notice must:

  • (1) Describe the nature and basis of the claim or dispute; and
  • (2) Set forth the specific relief sought ("Demand").

We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within thirty (30) days after the Notice is received, you or Holiday Manor may commence an arbitration proceeding. To start an arbitration, you must do the following:

  • (1) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com);
  • (2) Send three copies of the Demand for Arbitration, plus the $250 filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California 94111; and
  • (3) Send one copy of the Demand for Arbitration to Holiday Manor at 2226 Holiday Manor Center #1, Louisville, KY 40222; Attn: Managment.

During the arbitration, the amount of any settlement offer made by you or Holiday Manor must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

17.6. Fees

If you commence arbitration in accordance with these Terms, you will be required to pay $250 to initiate the arbitration. If the arbitrator finds the arbitration to be non-frivolous, Holiday Manor will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of KY, United States of America.

You and Holiday Manor further agree to submit to the personal jurisdiction of any federal or state court in Louisville, KY in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If a claim is for $10,000 or less, you may choose whether the arbitration will be conducted:

  • (1) Solely on the basis of documents submitted to the arbitrator; or
  • (2) Through a non-appearance based telephone hearing.

If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules. In that case, you agree to reimburse Holiday Manor for all monies previously disbursed by it that are otherwise your obligation to pay under the JAMS Rules.

Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.

17.7. No Class or Representative Actions

YOU AND HOLIDAY MANOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Further, unless both you and Holiday Manor agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

If any court or arbitrator determines that this “No Class or Representative Actions” section is void or unenforceable for any reason or that an arbitration can proceed on a class or representative basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

18. Modification of these Terms

Except as explicitly described in the Dispute Resolution and Arbitration section, we reserve the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Platform, except as set forth below. These Terms identify the date of last update. Except as explicitly described in the Dispute Resolution and Arbitration section, your use of the Platform following any such change constitutes your agreement to be bound by the modified Terms. In the case of material changes to these Terms, we will make reasonable efforts to notify you of the change, such as through sending an email to the address you may have used to register for an account, through a pop-up window on the Platform, or other similar mechanism.

You acknowledge and agree that if Holiday Manor modifies any provision of these Terms (including any information referenced at hyperlinks), other than the Dispute Resolution and Arbitration section herein, you will not have a renewed opportunity to opt out of arbitration. You further acknowledge and agrees that unless the Dispute Resolution and Arbitration section herein is materially different from any prior arbitration provision with Holiday Manor to which you may be bound, your acceptance of these Terms does not create a renewed opportunity to opt out of arbitration (if applicable).

Except as explicitly described in the Dispute Resolution and Arbitration section, material changes to these Terms will be effective upon the earlier of:

  • (1) Your first use of the Platform with actual notice of such change, or
  • (2) thirty (30) days from posting of such change.

Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications.

19. Confidentiality

You acknowledge and agree that when using the Platform, you may have direct or indirect access or exposure to Holiday Manor’ confidential information ("Confidential Information"). Confidential Information includes Holiday Manor’ data, provider IDs, user information, delivery recipient information, delivery provider information, package information, and the transaction volume, marketing and business plans, business, financial, technical, operational and such other nonpublic information (whether disclosed in writing or verbally) that Holiday Manor designates as being proprietary or confidential or that you should reasonably know to treat as confidential.

You acknowledge and agree that:

  • (1) all Confidential Information shall remain the exclusive property of the Holiday Manor;
  • (2) you shall not use Confidential Information for any purpose except in furtherance of your use of the Platform;
  • (3) you shall not disclose Confidential Information to any third party;
  • and (4) you shall not store or keep Confidential Information and shall return or destroy (with confirmation of destruction) all Confidential Information upon the termination of your use of the Platform or at the request of Holiday Manor.

Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it:

  • (1) is or becomes part of the public domain through no action or omission by you;
  • (2) was possessed by you prior to your use of the Platform without an obligation of confidentiality; or
  • (3) is disclosed to you by a third party having no obligation of confidentiality with respect there to.

20. General

Governing Law. These Terms are governed by the laws of the State of KY without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and Holiday Manor agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Louisville, KY for the purpose of litigating any Dispute.

We operate the Platform from our offices in KY, and we make no representation that materials included in the Platform are appropriate or available for use in other locations. No joint venture, partnership, employment, or agency relationship exists between you, Holiday Manor or any third-party provider as a result of the Terms or use of the Platform.

Waiver and Severability. Except as explicitly described in the Dispute Resolution and Arbitration section, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Holiday Manor to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Holiday Manor in writing.

Entire Agreement. These Terms comprise the entire agreement between you and Holiday Manor and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained in these Terms.

About Us

This website is operated by Holiday Manor (We or Us).

Address:
Holiday Manor
2226 Holiday Manor Center #1
Louisville, KY 40222