Terms & Conditions |
This is a binding legal agreement (“Agreement”). Please read these Terms of Use carefully before using this site. This Agreement governs your viewing and use of websites for all Sydell Group hotels (collectively, the “Sites”) and is by and between Sydell Group LLC, its subsidiaries, and its affiliates (referred to herein as “Sydell,” “we,” “us,” or “our”) and you. By using, viewing, transmitting, caching, storing, or otherwise utilizing these Sites or any of the contents on these Sites, you agree to and accept all of the terms and conditions set forth below. If you do not agree to all of these terms and conditions, please do not use these Sites. We reserve the right to modify or remove portions of these Terms of Use at any time without notice and, unless otherwise indicated, such changes will become effective immediately. Please check these terms periodically for changes. Your continued viewing or use of the Site following the posting of any changes to this Agreement will indicate your acceptance of those changes. In addition to these Terms of Use, you agree to any terms and conditions specified in Sydell’s Privacy Policy, which is hereby incorporated into this Agreement. These Sites and the materials located on or through these Sites are provided by us for informational purposes only as a service to our customers. You understand that by providing these materials, we are not engaged in the rendering of legal or other professional advice or service, or in any way extending any offer of products or services that is legally binding. You shall comply with all applicable laws, statutes, ordinances, and regulations regarding your viewing or use of these Sites. I. RESTRICTIONS ON USE OF SITES By viewing or using these Sites, you agree to the following, without limitation: You represent that you have read, understand, agree to, and will comply with all provisions of these Terms of Use and any additional applicable terms and conditions, whether or not referenced herein. II. PROPRIETARY RIGHTS AND RESTRICTIONS ON USE OF MATERIALS All copyrights, trademarks, service marks, trade names, trade dress, and any other intellectual property rights are proprietary to us. No license or right to or in any such property is granted to or conferred upon you. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including, without limitation, images, text, page layout, or form) without our prior express written permission. You may not use any meta tags or any other hidden text utilizing our name, trademarks, or other proprietary information without our prior express written permission. Trademarks Copyright Copyright © Sydell Marks LLC 2011. All rights reserved. III. SUBMISSIONS, FORUMS, AND PUBLIC COMMUNICATION If you do send creative submissions, either at our request or despite our request not to do so, any and all such submissions shall be deemed and shall forever remain our property. None of the submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any such submissions. By submitting any such materials, you hereby assign us any right, title, and interest in or to the intellectual property rights subsisting in such submission, and in any event, whether or not such assignment is effective under applicable law, you grant us a perpetual right to unrestricted use of such submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions. Please do not use e-mail to send us any confidential, private, or personal information. For your protection, our responses will not include any confidential information. Please do not use e-mail to send us transaction instructions. Customers who choose to send e-mail messages to Sydell that contain confidential, private, or personal information do so entirely at their own risk. For further information, please write to: IV. EXCLUSION OF WARRANTIES AND DISCLAIMER SYDELL DOES NOT MAKE ANY REPRESENTATIONS AND, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF NON-INFRINGEMENT, AND ANY OTHER WARRANTIES, INCLUDING THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. SYDELL DOES NOT EXCLUDE THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NO ORAL ADVICE, WRITTEN CORRESPONDENCE, OR INFORMATION PROVIDED BY SYDELL WILL CREATE A WARRANTY OF ANY KIND, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE MATERIAL CONTAINED IN THESE SITES IS FOR GENERAL REFERENCE ONLY. SYDELL DOES NOT WARRANT THAT THE MATERIALS CONTAINED IN THESE SITES ARE ACCURATE, CURRENT, COMPLETE, UPDATED, RELIABLE, OR USEFUL, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION RELATING TO PRICES OR AVAILABILITY. SYDELL DOES NOT WARRANT THAT THESE SITES OR THE RELATED INFORMATION, SERVICES, CONTENTS, OR MATERIALS CONTAINED IN THESE SITES WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SYDELL DOES NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. §§2701-2711): SYDELL MAKES NO GUARANTY AS TO CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATIONS OR INFORMATION TRANSMITTED ON THESE SITES OR ANY WEBSITES LINKED TO THESE SITES. SYDELL WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THESE SITES, OR OTHERWISE CONNECTED WITH YOUR VIEWING OR USE OF THESE SITES. ELECTRONIC TRANSMISSIONS ARE PUBLIC MEDIA AND NOT PRIVATE. INFORMATION RELATED TO OR ARISING FROM SUCH USE IS PUBLIC, OR THE PROPERTY OF THOSE COLLECTING THE INFORMATION, AND NOT PERSONAL OR PRIVATE INFORMATION. WHILE SYDELL TAKES COMMERCIALLY REASONABLE DATA SECURITY MEASURES AS DESCRIBED IN THE PRIVACY POLICY INCORPORATED HEREIN, SYDELL DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE SYDELL OR ANY THIRD PARTY, AS NO SECURITY SYSTEM OR SYSTEM OF TRANSMITTING DATA OVER THE INTERNET CAN BE GUARANTEED TO BE ENTIRELY SECURE. YOU HEREBY WAIVE ANY CLAIM AGAINST SYDELL WITH RESPECT TO INFORMATION SECURITY ON THESE SITES AND ANY LINKED OR RELATED THIRD PARTY SITES. USE OF OR VISIT TO THESE SITES DOES NOT CONSTITUTE AN OFFER OF GOODS AND SERVICES BY SYDELL. GOODS AND SERVICES MAY ONLY BE AVAILABLE IN CERTAIN COUNTRIES AND ANY OFFER TO PURCHASE GOODS OR TO RETAIN SERVICES FROM SYDELL IS SUBJECT TO ACCEPTANCE BY SYDELL AND IN ACCORDANCE WITH SPECIFIC TERMS AND CONDITIONS ON WHICH THEY ARE OFFERED. SYDELL RESERVES THE RIGHT TO CANCEL OR MODIFY RESERVATIONS WHERE IT APPEARS THAT A CUSTOMER HAS ENGAGED IN FRAUDULENT OR INAPPROPRIATE ACTIVITY OR UNDER OTHER CIRCUMSTANCES WHERE IT APPEARS THAT THE RESERVATIONS CONTAIN OR RESULTED FROM A MISTAKE OR ERROR. V. LIMITATION OF LIABILITY SYDELL IS NOT RESPONSIBLE OR LIABLE FOR TELEPHONE, ELECTRIC, ELECTRONIC, NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURES, DELAYS, OR DIFFICULTIES, OR LATE, LOST, STOLEN, ILLEGIBLE, INCOMPLETE, GARBLED, MISDIRECTED, MUTILATED OR POSTAGE DUE MAIL, E-MAIL, FORM POSTINGS, CONNECTIONS, MESSAGES OR ENTRIES, OR THE SECURITY OF ANY AND ALL SUCH MATTERS. SYDELL IS NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR INJURY, LOSS, CLAIM, OR DAMAGE TO YOUR COMPUTER OR INTERCEPTION OR USE OF CREDIT CARD OR PASSWORD INFORMATION, RELATED TO OR RESULTING FROM USE OF THESE SITES OR ANY SITES, SERVICES OR MATERIALS LINKED OR RELATED THERETO OR THEREFROM AND ALSO IS NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY INJURY, LOSS, CLAIM, OR DAMAGE RELATING TO OR RESULTING FROM ANY PART OF THESE SITES OPERATING OR NOT OPERATING ON COMPUTERS OR NETWORKS USED BY YOU OR COMMUNICATING WITH SUCH COMPUTERS OR NETWORKS. IN THE EVENT SYDELL IS HELD LIABLE FOR ANY DAMAGES RELATED TO THESE SITES, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU THAT WERE NOT PROVIDED TO YOU. YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THESE SITES BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED. THE LINKING OF THIRD PARTY WEBSITES TO THESE SITES DOES NOT INDICATE ANY ASSOCIATION WITH OR ENDORSEMENT BY SYDELL. BY PROVIDING ANY LINKS, SYDELL IS NOT ENDORSING, SPONSORING, OR RECOMMENDING SUCH SITES OR THE MATERIALS DISSEMINATED BY OR SERVICES PROVIDED BY THEM. SYDELL DOES NOT ASSUME RESPONSIBILITY OR LIABILITY OF ANY NATURE WHATSOEVER FOR THE ACTIVITIES CONDUCTED OR INFORMATION CONTAINED IN THE THIRD PARTY WEBSITES. YOU ACKNOWLEDGE THAT YOU AND SYDELL ARE INDEPENDENT CONTRACTORS, AND NO AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISER-FRANCHISEE RELATIONSHIP IS INTENDED OR CREATED BY THIS AGREEMENT. VI. INDEMNIFICATION VII. SEVERABILITY VIII. JURISDICTION AND CHOICE OF LAW You acknowledge that any software, accompanying documentation, or technical information available on the Site is subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export such materials, directly or indirectly, to any countries that are subject to U.S.A. export restrictions. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to the terms of this Agreement shall be filed only in the federal or state courts of the County of New York in the State of New York. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any action relating to this Agreement or to your viewing or use of these Sites, and you hereby waive any objection to laying venue in such courts. IX. TERMINATION Notwithstanding the termination of this Agreement, you acknowledge and agree that the sections on Restrictions on Use of Sites, Proprietary Rights and Restrictions on Use of Materials, Exclusion of Warranties and Disclaimer, Limitation of Liability, Indemnification, Severability, Jurisdiction and Choice of Law, Digital Signature Provisions, and Notice and Procedure for Infringement Claims shall survive the termination of this Agreement. X. DIGITAL SIGNATURE PROVISIONS XI. NOTICE AND PROCEDURE FOR INFRINGEMENT CLAIMS Sydell Group LLC XII. ENTIRE AGREEMENT These Terms of Use were last updated on October 19, 2011. If you have questions about these Terms of Use please send an e-mail to legal@sydellgroup.com. |