Terms of Service
1. ACCEPTANCE OF TERMS
Montage Hotels and Resorts, its affiliates, subsidiaries, and partners (collectively, “Montage,” “we,” “us,” and “our”) provide our service to you, including information about our resorts and communities (collectively, “Properties”) subject to the following Terms of Service (“Terms”). The Terms cover all information, data, and services available at www.montagehotels.com (collectively, the “Website”). We may update these Terms by posting a new version at www.montagehotels.com/terms-of-service/, and your continued use of the service after any such update constitutes your binding acceptance of such changes. Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to these Terms.
2. INFORMATION YOU PROVIDE
We may ask you for certain information in order to provide you with services you request, such as reservations or property information. By providing information on our Website, such as in conjunction with a request for services, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “User Data”) and maintain and promptly update your User Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Montage has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Montage may deny you access to areas of the Website or Montage services, at its sole discretion.
When you provide us with User Data, you may receive certain commercial communications from Montage related to content found on the Website. You may opt out of receiving these communications at any time by sending an email to [email protected].
4. ACCOUNT PASSWORD AND SECURITY
The Website may contain features that require registration (“Restricted Areas”). You are not required to register to use the Website, but may not be able to access some content without registration. At the time of registration for online account access, you will select a Username and Password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your Password, and are fully responsible for all uses of your Password, whether by you or others. You agree to (a) keep your Password confidential and not share them with anyone else; (b) immediately notify Montage of any unauthorized use of your Password or account or any other breach of security; and (c) use only your Password to access the Website’s Restricted Areas. Montage cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that Montage is authorized to act on instructions received through use of your Password, and that Montage may, but is not obligated to, deny access or block any transaction made through use of your Password without prior notice if we believe your Password is being used by someone other than you, or for any other reason.
You acknowledge, consent and agree that Montage may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce the Terms; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of Montage, its users and the public.
5. NON-COMMERCIAL USE
By using the Website, you acknowledge and agree that the Website is for personal use only. You may copy information from the Website for personal use, such as to view, print, or email the information, but you warrant that you will not, under any other conditions, reproduce, duplicate, copy, sell, trade, resell, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Website.
6. MODIFICATIONS TO SERVICE
Montage reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof), including the Restricted Areas, with or without notice. You agree that Montage shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website.
You agree that Montage may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your access to the Website or the Restricted Areas. Grounds for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other agreements or guidelines, (b) requests by law enforcement or government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of the Website (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your account(s) may include (x) removal of access to all offerings within the Website’s Restricted Areas, (y) at Montage’s sole discretion, the deletion of all of your Website account information and other content associated with your Website account (or any part thereof), and (z) barring further use of the Website’s Restricted Areas.
8. DEALINGS WITH ADVERTISERS AND OTHER USERS
Your correspondence or business dealings with, or participation in promotions of, advertisers and other third parties found on or through the Website, including payment for and delivery of related goods and services, and any other Terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Montage shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Website.
The Website may provide links to other World Wide Web sites or resources. Because Montage has no control over such sites and resources, you acknowledge and agree that Montage is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Montage shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You agree to indemnify, defend, and hold Montage and its subsidiaries, affiliates, officers, employees, agents, co-branders and other partners, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, any transaction resulting from use of the Website, your connection to the Website, your violation of these Terms, your submission, posting, or transmission of personally identifiable information or other data to the Website, and/or your violation of any rights of another.
11. OUR PROPRIETARY RIGHTS
All title, ownership and intellectual property rights in and to the Website are owned by Montage or its licensors. You acknowledge and agree that the Website contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Montage, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website, in whole or in part.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MONTAGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. MONTAGE DOES NOT WARRANT THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY INFORMATION RELATING TO PRICES OR AVAILABILITY. MONTAGE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER MATERIALS
- ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MONTAGE OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
13. LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT MONTAGE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MONTAGE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. TRADEMARK INFORMATION
, , , MONTAGE, MONTAGE HOTELS, MONTAGE HOTELS & RESORTS, MONTAGE RESIDENCES, and MONTAGE HOTELS AND RESIDENCES are trademarks and service marks of Montage (the “Montage Marks”). You agree that you will not display the Montage Marks, or use the Montage Marks in any manner, without the prior written permission of Montage.
16. CHOICE OF LAW
The Terms and the relationship between you and Montage shall be governed by the laws of the State of California without regard to its conflict of law provisions.
17. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to these Terms.
Any controversy or claim arising out of or relating to these Terms, with the exception of those controversies or claims specifically excluded below, shall be settled by binding arbitration in accordance with the American Arbitration Association (“AAA”) Commercial Arbitration Rules (“AAA Rules”), and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”). The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules.
You and Montage agree that any arbitration shall be limited to the dispute between Montage and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is not right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
You and Montage agree that the following disputes are not subject to this binding arbitration provision: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or Montage’s intellectual property rights; and (2) any claim for injunctive relief.
For any dispute not subject to arbitration, or where no election to arbitrate has been made, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Los Angeles, California. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. Montage controls the Website from its offices within the United States of America, and the Website is intended for use only in the United States of America. Montage does not represent that the materials on this Website are appropriate or made available for use outside of the United States of America.
19. GENERAL INFORMATION
Entire Agreement. The Terms constitutes the entire agreement between you and Montage with respect to the Website and supersedes any prior agreements, oral or written, between you and Montage.
Waiver and Severability of Terms. The failure of Montage to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect.
You agree that you will report any violations of the Terms to AZDS Interactive Group.