O’Neill Hotels & Resorts Terms of Service
Last Modified: December 31, 2016
O’Neill Hotels & Resorts and its subsidiaries and affiliates: ONE Lodging Management, SunONE Developments Inc., and Tower Rock Lodging Enterprises LLC (collectively, “OHR”, or “we”, “us”, or “our”, as applicable) provide services and content, including via www.oneillhotels.com, www.onelodging.com, www.sunonedevelopments.com, or www.lodgingenterprises.com, (collectively, the “Website”). Your use of the Website is subject to the following Terms and Conditions of Service (the “Terms of Service”).
By visiting or using our Website, you agree to the practices and policies set forth in these Terms of Service. If you do not agree to the Terms of Service, please do not use the Website.
1.0 Amendment to Terms. We reserve the right to amend these Terms of Service from time to time in our sole discretion, and will post and maintain the most recent version of these Terms of Service on the Website. We may not notify Website users of any such amendments by e-mail or other personal contact. You are responsible for reviewing these Terms of Service upon each visit to the Website. You can determine if the Terms of Service have been revised since your last visit by referring to the “Last Modified” date at the top of this document. By continuing to access the Website, you agree to abide and be bound by any amended Terms of Service.
2.0 Limited Right to use the Website. OHR hereby grants you permission to use the Website as set forth in these Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without OHR’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
3.0 Rules of Service.
3.1 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or similar technological devices or programs, that access the Website in a manner that sends more request messages to the OHR servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, OHR grants the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. OHR reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
3.2 You agree not to collect or use any personally identifiable information (“Personal Information”) of others, including without limitation account names, email addresses, or other such personal information, from the Website.
3.3 You agree not to impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity. You may not interfere with the proper working of the Website. You may not access any content on the Website through any technology or means other than those provided or authorized by the Website. You agree not to bypass the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein, including but not limited to decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Website.
3.4 Accessing or using any audiovisual content available on the Website for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the OHR Website to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
4.0 Eligibility to Use the Website. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18, your parent or guardian must agree to these Terms of Service on your behalf, and will be responsible for your use of and access to the Website. The Website is not available to any Users previously removed from the Website by OHR. Any use or access to the Website by anyone under 13 is strictly prohibited and in violation of these Terms of Service.
5.0 Trademarks. The trademarks, service marks, trade names, designs, symbols, domain names and other designations and combinations of the preceding items, used to identify or distinguish OHR, its business, community and/or products, including without limitation all logos and all product and vehicle designs and trade dress and other distinctive brand features contained therein, including without limitation O’NEILLTM , ONE LODGING MANAGEMENTTM, ONE LODGING MANAGEMENT DIVERSE HOTELS • ONE PROMISETM, SUNONETM, and related logo and design marks (collectively, the “Marks”) displayed on the Website constitute the valuable intellectual property of OHR and its affiliates and licensors. You agree that you will not refer to or attribute any information to OHR or its licensors in any public medium (e.g., press release, websites) for advertising or promotional purposes, or for the purpose of informing or influencing any third party, and that you will not use or reproduce any Mark of, or imply any endorsement by, or relationship with, OHR or its licensors, except as expressly permitted by law.
6.0 Intellectual Property in Content. The content on the Website, including without limitation, the text, graphics, photos and interactive features created by or for OHR (collectively, the “Content”), are owned by or licensed to OHR, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of OHR or as expressly provided herein. OHR reserves all rights not expressly granted in and to the Website, the Marks and the Content contained therein.
You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright, trademark and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
You may choose to, or we may invite you to, submit comments or ideas about the Website, including without limitation about how to improve our Website (each, an “Idea”). By submitting an Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction, and will not place OHR under any fiduciary or other obligation, and that we are forever free to use for any purpose the Idea without any additional compensation to you, and to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, OHR does not waive any rights to use similar or related ideas previously known to OHR, developed by its employees, or obtained from sources other than you.
7.0 Reservation of Rights. OHR reserves all rights not expressly granted under these Terms of Service. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms of Service, is void.
8.0 Digital Millennium Copyright Act; Notices of Infringement and Takedown by OHR
OHR respects the intellectual property rights of others, and expects its users to do the same. We will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 USC § 512) (www.copyright.gov/legislation/dmca.pdf). If you believe that content hosted on the Website infringes your copyright, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:
DMCA Designated Agent
O’Neill Hotels & Resorts, Ltd.
1690-401 W. Georgia St.
Vancouver, BC V6B 5A1
By email: email@example.com
OHR will review and process your notification, as well as any counter-notification (if received), in compliance with the DMCA.
9.0 Modifications to the Website. OHR reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. OHR shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
10.0 DISCLAIMERS. THE CONTENT AND FUNCTIONALITY OF THE WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT OHR IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, OHR, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OPERATOR OF OHR, AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. OHR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. OHR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND OHR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OHR OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11.0 LIMITATION OF LIABILITY. IN NO EVENT SHALL OHR, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF THE WEBSITE, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUR ACCESS TO AND USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RESULTING FROM (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Website is controlled and offered by OHR from its facilities in the United States of America. OHR makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
12.0 Indemnity. You agree to defend, indemnify and hold harmless OHR, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of OHR, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; or (iii) your violation of any third party right, including without limitation any patent, copyright, property, trade secret or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
13.0 Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by OHR without restriction.
14.0 Copyright Notice. The Websites are “© 2016 O’Neill Hotels & Resorts. All rights reserved”; “© 2016 ONE Lodging Management. All rights reserved”. “© 2016 Lodging Enterprises. All rights reserved”; “© 2016 SunOne Developments Inc. All rights reserved”. No portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of OHR.
15.0 General Terms. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and OHR’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. OHR reserves the right to amend or replace any of these Terms of Service, or change, suspend or discontinue the Website (including, without limitation, the availability of any feature or Content) at any time in its sole discretion. It is your responsibility to review these Terms of Service periodically for any changes. Your use of the Website following the posting of any changes to these Terms of Service will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
16.0 Governing Law; Jurisdiction. These Terms of Service are governed by the laws of the Province of British Columbia without reference to the principles of conflicts of laws thereof. You agree to jurisdiction and venue in the provincial and federal courts located in British Columbia, in connection with any dispute arising out of these Terms of Service.
17. Violation of the Terms of Service. Please report any violations of the Terms of Service to firstname.lastname@example.org. Please provide a description of the reasons for your concern, and provide any links necessary for OHR to investigate the violation. Upon receiving such a report of a possible violation, OHR in its sole discretion may investigate the matter and take such action as OHR determines to be appropriate.