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Last Modified: September 14, 2021

This INNsight ADA Tray Software as a Service Agreement ("Service Agreement") is effective when Customer clicks to accept it ("Effective Date"), is by and between INNsight.com, a Delaware Corporation, with offices located at 2445 Ocean Avenue, San Francisco, CA 94127 ("Provider") and entity or person agreeing to them ("Customer"). If you are accepting on behalf of Customer, you represent and warrant that (i) you have full legal authority to bind Customer to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of Customer, to this Agreement.

WHEREAS, Provider provides access to its software-as-a-service offerings to its customers;

WHEREAS, Customer desires to access certain software-as-a-service offerings described herein, and Provider desires to provide Customer access to such offerings, subject to the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. DEFINITIONS

In addition to terms defined elsewhere in this Agreement, the following definitions apply throughout this Agreement, unless a contrary definition appears elsewhere in this Agreement:

“Provider” means INNsight.com, which can be reached at help@innsight.com or such other address as set out in this Agreement.

“Customer” means INNkeeper, which can be reached at any such or other address as set out in this Agreement.

"Customer Service" means the customer service desk of INNsight.com, which can be reached at help@innsight.com or such other address as set out in this Agreement.

"Effective Date" means the date this Agreement is signed by the INNkeeper.

"Extranet" means the online ADA Tray® management system which can be accessed by the Customer upon user-authentication at my.ada-tray.com to manage accessibility information, accessibility tools, images, and update information.

"Guest" means a person who has booked accommodations at the INN through the Website.

"INN" means a place to stay, including, but not limited to the following lodging accommodations and/or dining facilities: motels, hotels, lodges, inns, bed and breakfasts, RV Parks, cabins, apartments, houses, or vacation rental properties and restaurants, bars, taverns, tap rooms, or wineries.

"INNkeeper" means the INN’s owner, whether an individual or a business entity, on-site manager, or agent responsible for the day-to-day operations of the INN.

"Intellectual Property Right" means any patent, copyright, inventions, database rights, design right, registered design, trade mark, trade name, brand, logos, service mark, know-how, utility model, unregistered design or, where relevant, any application for any such right, know-how, trade or business name, domain name or other similar right or obligation whether registered or unregistered or other industrial or intellectual property right subsisting in any territory or jurisdiction in the world.

"Website" means www.ADA-Tray.com.

"Website" means the website(s) of www.ada-tray.com and its affiliated companies and business partners on which the product and service of INNsight.com are available.

"Software Product" means any Software or Software that is provided by INNsight.com to the Customer or utilized in connection with its Software-as-a-Service offerings to its customers.

2. Extranet: ADA Tray® Management System “ATMS”

INNsight.com will provide the Customer, in accordance with subscription(s) executed with, a user ID and password that allows the User to access the ATMS. The Customer shall safeguard and keep the user ID and password confidential and safely stored and not disclose it to any person other than those who need to have access to the Extranet. The Customer shall immediately notify INNsight.com of any (suspected) security breach or improper use. INNsight.com will not be responsible for any content generated by INNkeeper, its employees, or third parties engaged by Customer. INNsight.com is not responsible and disclaims all liability for any data privacy liability due to disclosure of Customer Data including Customer private data, credit card information or other identifying information associated therewith.

2.1 Customer Control and Responsibility. Customer has and will retain sole responsibility for: (a) all Customer Data, including its content (as defined in Section 3.2.1) and use; (b) all information, instructions, and materials provided by or on behalf of Customer or any Authorized User in connection with the Services; (c) Customer's information technology infrastructure, including computers, software, databases, electronic systems (including database management systems), and networks, whether operated directly by Customer or through the use of third-party services ("Customer Systems"); (d) the security and use of Customer's and its Authorized Users' Access Credentials; and (e) all access to and use of the Services and Provider Materials directly or indirectly by or through the Customer Systems or its or its Authorized Users' Access Credentials, with or without Customer's knowledge or consent, including all results obtained from, and all conclusions, decisions, and actions based on, such access or use.

2.1.2 Access and Security. Customer shall employ all physical, administrative, and technical controls, screening, and security procedures and other safeguards necessary to: (a) securely administer the distribution and use of all Access Credentials and protect against any unauthorized access to or use of the Services; and (b) control the content and use of Customer Data, including the uploading or other provision of Customer Data for Processing by the Services.

2.2 Subscription Payment & Remittance for Subscriptions Service

2.2.1 INNsight.com shall invoice the Customer for the applicable subscription fee at the end of the calendar month of service on the fifth (5th) day of the following month.

2.2.2 Invoices shall be processed as follows:
(i) INNsight.com shall process invoices monthly and shall send a Subscription Fee statement to the Customer via e-mail.
(ii) The Customer shall pay the monthly invoiced fees to INNsight.com within fifteen (15) calendar days from the invoice date.
(iii) Payments shall be made by the INNkeeper directly to INNsight.com by credit card or ACH (Automated Clearing House) to INNsight.com, Inc.
(iv) The Customer shall bear all costs charged by its banking institution for the transfer of funds to INNsight.com.

2.2.3 In the event Customer is late with a Subscription payment, INNsight reserves the right to: (1) claim interest at the rate of a twelve percent (12%) monthly finance charge subject to the unpaid amount post 30 days within terms, (2) suspend its service under the Agreement, (3) ask for a bank guarantee or other form of financial security from the INNkeeper to restore its subscribed services.

3. INNSIGHT.COM RIGHTS AND OBLIGATIONS

3.1 Information License

3.1.1 The Customer hereby grants INNsight a non-exclusive, royalty free and worldwide right and license (or sublicense as applicable) to:

(i) Use, reproduce, have reproduced, distribute, sublicense, communicate and make available in any method and display those agreed upon elements of the Intellectual Property Rights of the Customer as provided to INNsight by the Customer pursuant to this Agreement and which are necessary for INNsight to exercise its rights and perform its obligations under this Agreement;

(ii) Use, reproduce, have reproduced, distribute, sublicense, display and utilize (including without limitation to publicly perform, modify, adapt, communicate, reproduce, copy and make available to the public in any manner whatsoever) the Customer Information.

4. ADA TRAY® HOSTING

4.1 Customer acknowledges that services may be temporarily unavailable for scheduled maintenance or due to other causes beyond INNsight.com’s reasonable control, but INNsight.com shall use reasonable efforts consistent with industry standards to provide advance notice of any scheduled service disruptions and attempt to maintain the highest levels of server uptime possible.

4.2 INNsight will inform Customer via email alert of any site outage within 24-hours of such outage.

5. ADA Tray® PACKAGES

5.1 INNsight offers the ADA Tray® Powered by INNsight for additional website accessibility features, as more fully described on ADA-Tray.com’s website at www.ada-tray.com

(i) Customer acknowledges having reviewed this webpage and fully understands the additional website accessibility features that ADA Tray® offers.

(ii) Customer agrees to allow INNsight to use cookies to collect website visitor usage data of the ADA Tray®.

(iii) ADA Tray® increases INNkeeper website conformity to ADA, Section 508, and WCAG 2.1 Level AA Standards and other website accessibility standards.

(iv) ADA Tray® includes features that makes your website more perceivable, operable, understandable and robust for individuals with visual, audio, and mobility impairment and includes an on-screen reader built in will translate web content to audio output.

((v) ADA Tray® includes a widget that offers keyboard accessible toggle functionality.

(vi) Customer acknowledges that termination of the ADA Tray® may result if payment is not received by INNsight or termination of ADA Tray® may result due to cause including abuse of its systems and upon termination, widget can be disabled and will no longer function as INNsight controls a 'kill switch' to this service.

(vii) Customer provides no guarantee of uptime or other timing issues associated with the ADA Tray® and Customers software, website, or hardware.

(viii) Customer can cancel the ADA Tray® at any time.

(ix) Customer acknowledges that specific services may change from time to time and that if the services change, INNsight will provide notification to Customer of such changes to services provided under the various packages.

5.2 INNsight reserves the right to modify pricing, service and associated features of any of these services at any time with notice to the Customer within 14 days of such change either by posting on their website and/or an electronic or written means to INNkeeper at any such address as set out in this Agreement.

6. THIRD PARTY TRANSACTION HANDLING

6.1 As a Marketing Engagement client of INNsight.com:

(i) INNkeeper may elect to have a Third Party Transaction Website handle all guest reservation processing.

(ii) INNkeeper has received authorization from the Third Party Transaction Website to accept guest reservation requests on behalf of its INN.

(iii) Consequently, the INNkeeper hereby authorizes the following Third Party Transaction Website with its details as follows to accept Guest reservation availability requests from its Hotel Website:

Third Party Transaction Website Information
THIRD PARTY WEBSITE NAME:
WEBSITE LEGAL OWNER NAME:
INNkeeper has been provided permission by website owner to connect standalone website Powered by INNsight to interface with its website?
YES
NO
THIRD PARTY WEBSITE PROPERTY SPECIFIC URL:

Table 1: Third Party Transaction Website Details

(iv) INNsight will follow the Application Programming Interface (API) requirements for the Third Party Transaction Site to establish the connectivity between the Hotel Website and the booking engine of the target Third Party.

a. If no interface exists nor is supported by the Third Party, INNsight will not be responsible for providing any such proprietary software to enable such an interface.

b. The support of any availability and connectivity issues in the interchange and exchange of data between the Hotel Website and the Third Party Transaction Site will not be the responsibility of INNsight.

7. INNsight BOOKING ENGINE

7.1 INNkeeper can elect to use the INNsight Booking Engine, a proprietary booking engine developed by INNsight and optimized for driving the conversion of website visitors to accommodation reservations.

7.2 The INNsight Booking Engine currently charges Zero Commission on the sale of accommodations online; however INNsight reserves the right to modify this rule with appropriate notice to INNkeeper.

8. COMMISSION

8.1 INNkeeper shall pay no commission to INNsight as per this agreement INNkeeper has elected to use a Third Party Transaction Website for reservation bookings OR is using the INNsight Booking Engine, which is currently offered at Zero-Commissions.

8.2 Every one year anniversary from the effective date of this Agreement, INNkeeper agrees that an agreed upon fixed fee and/or the agreed upon Commission percentage fee can be changed at the discretion of INNsight.

8.3 INNsight shall provide Notice to the INNkeeper within 30 days prior to any change in commission or fixed fee per month and/or an agreed upon percentage fee per transaction.

8.4 INNkeeper shall be responsible in full for any API usage or transaction fees levied by their contracted Third Party Transaction Site.

9. PRICING & PACKAGE SELECTION

9.1 INNkeeper shall be responsible for paying for the ADA Tray® products and services as follows:

ADA Tray® Package: The cost for the Standalone ADA Tray® Subscription Package is $19.99 per month.

9.2 The ADA Tray® services per month (see Section 9.1) are subject to change and INNsight reserves the right to modify the cost for each subscription package with appropriate notice to Customer.

10. PACKAGE SELECTION

10.1 INNkeeper has reviewed the above options provided by INNsight and selects the following package: (Please check at least one package)

Standalone ADA Tray® Subscription Package at $19.99 per month

11. TERM & TERMINATION

11.1 Unless otherwise agreed to in writing, this Agreement shall commence on the Effective Date and be effective for one (1) year. This Agreement shall continue thereafter indefinitely until terminated in writing by either Party.

11.2 Either Party may terminate this Agreement without providing notice and with immediate effect in case of:

(i) A material breach by the non-terminating Party of any term of this Agreement (e.g. excessive delay of subscription payment, insolvency, posting false or misleading information on the Website; or

(ii) A bankruptcy filing by either Party.

12. EXISTING WEBSITE CONTENT

12.1 INNkeeper understands that any current website content will no longer be accessible upon the wire on of their new website Powered by INNsight and it is their responsibility to archive or retain any existing data on their current server if they wish to retain such data for future use.
The current website is located at: http://www.___________________________________

13. TERM AND TERMINATION

13.1 Unless otherwise agreed to in writing, this Agreement shall commence on the Effective Date and be effective for one (1) year. This Agreement shall continue thereafter indefinitely until terminated in writing by either Party.

13.2 Either Party may terminate this Agreement without providing notice and with immediate effect in case of:

(i) A material breach by the non-terminating Party of any term of this Agreement (e.g. excessive delay of subscription payment, insolvency, posting false or misleading information on the Website; or

(ii) A bankruptcy filing by either Party.

13.3 Term. This Agreement shall remain in effect until Customer provides a termination notice, as provided below.

13.4 Termination. The Customer can terminate this Agreement at any time. In the event INNkeeper would like to terminate the subscription package selected below, the INNkeeper shall provide INNsight with written notice of termination (“Termination Notice”), addressed to INNsight at its corporate office via mail, fax or e-mail, at least thirty (30) days prior to the proposed termination date.

13.5 Upon termination and save as set out otherwise, this Agreement shall absolutely and entirely terminate with respect to the terminating Party and cease to have effect without prejudice to other Party’s rights and remedies with respect to an indemnification or a breach by the other, terminating, Party of this Agreement. Sections 14, 15, 16 and 17 shall survive termination.

14. REPRESENTATIONS AND WARRANTIES

14.1 The Customer represents and warrants to INNsight.com that for the term of this Agreement:

(i) The Customer has all necessary rights, power and authority to use, (sub)license and have INNsight.com make available on the Website the Intellectual Property Rights as set out or referred to in the INN Information made available on the Website;

(ii) The Customer holds and has all permits, licenses and other governmental authorizations necessary for conducting, carrying out and continuing its operations and business;

(iii) The Customer acknowledges they are solely responsible to complying with The Americans with Disabilities Act (ADA).

(iv) While INNsight.com endeavors to follow Web Content Accessibility Guidelines (WCAG), INNsight.com specifically disclaims any guarantee that the products and/or services provided to Customer are in compliance with The Americans with Disabilities Act (ADA) or any other accessibility laws that the Customer is subject to.

(v) The parties hereto further acknowledge that services and products are provided ‘as-is’ and ‘as available’ and INNsight.com disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. In the event of a failure of the product or INNsight.com services to Customer, INNsight.com will attempt to resume services as quickly as possible with no additional charges to Customer.

(vi) INNsight.com will not be liable for lost profits, work interruption, or special, or consequential damages resulting in whole or in part from errors, omissions, or failures in its product or service.

15. INDEMNIFICATION AND LIABILITY

15.1 IN NO EVENT SHALL INNSIGHT.COM BE LIABLE FOR ANY CLAIMS AGAINST YOU BY ANY THIRD PARTY RELATING TO ANY SOFTWARE OR YOUR USE OF ANY SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY CLAIM OF INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL INNSIGHT.COM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, NON-PERFORMANCE OF SOFTWARE PRODUCT, LOSS OF INFORMATION, DATA OMISSIONS OF THE SOFTWARE or ANY SOFTWARE, DATA PRIVACY LIABILITY, PRIVATE CUSTOMER DATA LIABILITY, THIRD PARTY CUSTOMER DATA LIABILITY, ERRORS IN DATA TRANSMISSION OF ANY SOFTWARE, ERRORS IN TRANSMISSION OF RESERVATION INFORMATION, ANY IMPACT ON REVENUE, ANY INCREASE OR DECREASE IN BUSINESS OR COMPANY PERFORMANCE, OR LOSS OF OTHER SOFTWARE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INNSIGHT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. IN ADDITION, IN NO EVENT SHALL INNSIGHT.COM BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. TO THE FULLEST EXTENT ALLOWABLE BY LAW, INNSIGHT.COM’s TOTAL LIABILITY ON ALL CLAIMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, SHALL NOT EXCEED FEES PAID FOR PRODUCTS AND SERVICES UNDER THIS CONTRACT DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE SUCH CAUSE OF ACTION AROSE.

15.2 Customer, Licensee, and Sub-licensee Representations, Warranties, Disclaimers and Indemnification

(i) Customer, licensee, and sub-licensee hereby represents and warrants that (i) the person signing this Agreement on its behalf has been properly authorized and empowered to enter into this Agreement on behalf of Customer, licensee, and sub-licensee and (ii) this Agreement is a valid and binding obligation of Customer, licensee, and sub-licensee enforceable against it in accordance with the terms and conditions hereof.
(ii) Customer, licensee, and sub-licensee agrees to defend, indemnify and hold Provider, licensor harmless from and against any and all claims, demands, liabilities, obligations, cost and expenses of any nature whatsoever arising out of or based upon Customer, licensee, and sub-licensee use of the Software Product, including, without limitation, any modifications, alterations, enhancements, brand licensing terms, Intellectual Property Rights including misuse of trademarks, copyrights, franchise brand licensing terms or marks etc. thereto, except for any such claims, demands, liabilities, obligations, costs or expenses that are based upon the gross negligence or intentional misconduct of Provider, licensor except for any claims of infringement subject to Provider, licensor’s indemnification pursuant to Section 15.3(iii) of this Agreement.

15.3 Provider, Licensor Representations, Warranties, Disclaimers and Indemnification

(i) Provider, licensor warrants that (a.) the person signing this Agreement on its behalf has been properly authorized and empowered to enter into this Agreement on behalf of Provider, licensor, and (b.) this Agreement is a valid and binding obligation of Provider, licensor enforceable against it in accordance with the terms and conditions hereof.
(ii) Provider, licensor shall not be liable to Customer, licensee, sub-licensee (or to any person claiming rights derived from Customer, licensee, and sub-licensee) for incidental, consequential, indirect, special, punitive, or exemplary damages of any kind, including, without limitation, lost profits, loss of business, or other economic damage, and further including injury to property, as a result of Customer’s, licensee’s, sub-Licensee’s use of the Software Product, Provider’s, licensor’s, and sub-licensor’s services, or breach of any warranty or other term of this agreement, regardless of whether Provider, licensor was advised, had reasons to know, or in fact knew of the possibility thereof.
(iii) Provider, licensor shall indemnify and hold Customer, licensee, and sub-licensee harmless from and against any damages, liabilities, costs and expenses, including reasonable attorneys’ fees, arising from a claim against Customer, licensee, and sub-licensee that the Software Product in the form delivered by Provider, licensor infringes or misappropriates any copyright, United States patent, trade secret or any other proprietary right of any third party, provided Provider, licensor is given prompt written notice containing detailed information with regard to any such claim, suit or proceeding. Customer, licensee, sub-licensee legal counsel shall have the option to participate, at Customer’s, licensee’s, and sub-licensee’s sole expense, in the defense of any such claim or action, and Customer, licensee, and sub-licensee shall not settle any such claim or action without Provider, licensor prior written consent. The foregoing represents the entire warranty by Provider, licensor and the exclusive remedy of the Customer, licensee, sub-licensee with regard to any claimed copyright, patent rights, trade secrets, or other proprietary rights infringement arising out of or based upon the Software Product used by Customer, licensee, sub-licensee.
(iv) The parties acknowledge and agree that the terms of this Agreement are based in substantial part on the provisions of this Section relating to disclaimers of warranties, limitations of remedies, limitations of liability and exclusions of damages, and that such disclaimers, limitations, and exclusions are unrelated, independent allocations of risk that form a material basis of this Agreement. Accordingly, the parties agree that if any remedy hereunder is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages set forth herein shall remain in full affect.

16. CONFIDENTIALITY

16.1 Parties understand and agree that in the performance of this Agreement, each Party may have access to or may be exposed to, directly or indirectly, confidential information of the other Party (the "Confidential Information"). Confidential Information includes Customer Data, transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information that either a disclosing party designates as being private or confidential or of which a receiving party should reasonably know that it should be treated as private and confidential.

16.2 Each Party agrees that: (a) all Confidential Information shall remain the exclusive property of the disclosing party and receiving party shall not use any Confidential Information for any purpose except in furtherance of this Agreement; (b) it shall maintain, and shall use prudent methods to cause its employees, officers, representatives, contracting parties and agents (the"Permitted Persons") to maintain the confidentiality and secrecy of the Confidential Information; (c) it shall disclose Confidential Information only to those Permitted Persons who need to know such information in furtherance of this Agreement; (d) it shall use prudent methods to ensure that the Permitted Persons do not, copy, publish, disclose to others or use (other than pursuant to the terms hereof) the Confidential Information; and (e) it shall return or destroy all hard and soft copies of Confidential Information upon written request of the other Party.

16.3 Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it (i) is or becomes part of the public domain through no act or omission on the part of the receiving party, (ii) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto, or (iii) is required to be disclosed pursuant to law, court order, subpoena or governmental authority.

16.4 Parties shall use commercially reasonable efforts to safeguard the confidentiality and privacy of Customer Data and to protect it from unauthorized use or release.

16.5 No Modifications, Reverse Engineering. You may not (a) modify, port, adapt or translate any portion of INNsight’s Services or Software; or (b) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or any portion of any Service or Software. If the laws of your jurisdiction give you the right to decompile the Software to obtain information necessary to render the licensed portions of the Services or Software interoperable with other software, you must first request such information from us.

17. MISCELLANEOUS

17.1 Neither Party shall be entitled to assign, transfer, encumber any of its rights and/or the obligations under this Agreement without the prior written consent of the other Party, provided that INNsight.com may assign, transfer, encumber any of its rights and/or the obligations under this Agreement, in whole or in part, or from time to time, to an affiliated company without the prior written consent of the Customer.

17.2 All notices and communications must be in English, in writing, and sent by facsimile or nationally recognized overnight air courier to the applicable facsimile number or address set out in the Agreement.

17.3 This Agreement including the appendixes which form an integral part of this Agreement constitutes the entire agreement and understanding of the Parties with respect to its subject matter and replaces and supersedes all prior agreements, arrangements, offers, undertakings or statements regarding such subject matter vis-à-vis the Customer).

17.4 If any provision of this Agreement is or becomes invalid or non-binding, the Parties shall remain bound by all other provisions hereof. In that event, the Parties shall replace the invalid or non- binding provision by provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.

17.5 Save as set out otherwise in this Agreement, the laws of the State of California shall exclusively govern this Agreement. If a dispute arises out of or relates to this Agreement or its breach, the parties agree to resort to binding arbitration. Any claim or controversy arising from this Agreement shall be settled by arbitration in accordance with the Rules of the American Arbitration Association or Judicial Arbitration and Mediation Service (“JAMS”) at the election of the party filing the claim in the County of San Francisco, State of California, and the judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction. In addition to a monetary award, the Arbitrator(s)’ shall have the power to order any other applicable remedy. The parties shall have the right to discovery as provided by California Code of Civil Procedure §1283.05. The prevailing party in the arbitration may be awarded its reasonable attorneys’ fees and costs in the discretion of the Arbitrator.

17.6 Parties agree and acknowledge that notwithstanding this Section, nothing in this Agreement shall prevent or limit INNsight.com, Inc. in its right to bring or initiate any action or proceeding or seek interim injunctive relief or specific performance before or in any competent courts where the INN is established or registered under the laws of the relevant jurisdiction where the INN is established or registered and for this purpose, the INNkeeper waives its right to claim any other jurisdiction or applicable law to which they might have a right.

18. NOTICE PROVISIONS

Notices pursuant to this Agreement shall be provided in writing via Certified Mail or e-mail as follows:
“INNsight”
INNsight.com, Inc.
2445 Ocean Avenue
San Francisco, CA 94127

For any inquiries, please contact us at legal@innsight.com.

INNsight.com Subscription:
INNsight.com ADA Tray® Standalone Subscription
Electronic Signatures (eSign): Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby bearing an original or electronic signature by facsimile transmission (whether directly from one facsimile device to another by means of a dial-up connection or whether mediated by the worldwide web), by electronic mail in portable document format (.pdf) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing an original or electronic signature.
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