Last updated: July 26, 2024
PLEASE READ THESE TERMS OF USE (“Terms”) CAREFULLY BEFORE USING ANY Altering Hospitality, LLC WEBSITE (DEFINED BELOW), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE WEBSITE. YOU AGREE TO THESE TERMS BY ACCESSING OR USING THE WEBSITE.
These Terms apply to the websites (any, a “Website”), applications (any, an “App”), interactive features, or online services that are owned or controlled by Altering Hospitality, LLC, their direct and indirect subsidiaries, direct and indirect parent entities, or affiliates (collectively, “Altered,” “Stay Altered”, “StayAltered”, “we,” “our,” or “us”) and that post a link to these Terms, whether accessed via computer, mobile device or otherwise. Unless otherwise stated in writing, these Terms do not apply to your offline business dealings with Altering Hospitality, LLC.
When using particular services or features of the Website, both these Terms and a separate contract, terms of service, or a similar agreement (“Additional Terms”) may apply to your use of that service or feature. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
1. USE OF THE WEBSITE
You may only use the Website if you are at least 18 years of age and can enter into binding contracts (the Website is not available for use by minors). By using the Website, you agree that you are at least 18 years of age. If you are entering data on behalf of another person, you warrant to us that you are authorized by that person to enter their personal data onto our system, and that that information is accurate and correct. All information and materials contained on this Website are for informational purposes only.
2. OWNERSHIP OF SITE MATERIALS
The Website include all materials that comprise or are otherwise a part of the Website, as applicable (including past, present, and future versions of the Website), including, without limitation: graphics; layout; text; instructions; images; graphs; charts; trademarks, logos, service marks; software (including HTML-based programs); audio; animations; videos; designs; ringtones; wallpapers; games; contests; voting; technology; applications; artwork; information; data; reports; designs; compilations; advertising copy; domain names; any and all copyrightable material (including source and object code); the “look and feel” of the Website; the compilation, assembly and arrangement of the materials of the Website; and all other materials related to the Website (collectively, “Materials“).
The Materials are owned by or licensed to Altering Hospitality, LLC are protected from unauthorized use, copying, and dissemination by copyright, trademark, patent, and other laws, rules, regulations, and treaties. Except as expressly set forth in these Terms or expressly granted to you in writing by Altering Hospitality, LLC, no rights in the Materials (whether by implication, estoppel, or otherwise) are granted to you. You acknowledge that you do not acquire any ownership rights in the Materials by using the Website. You may only use the Materials as expressly set forth in these Terms.
UNAUTHORIZED USE, COPYING, REPRODUCTION, STORING, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL, OR ALTERATION OF ADVERTISING, OR ANY OTHER MISUSE OF ANY OF THE MATERIALS IS STRICTLY PROHIBITED.
Subject to your strict compliance with these Terms and any Additional Terms, Altering Hospitality, LLC grants you a limited, personal, non-exclusive, revocable, non-assignable, and non-transferable license to access and view the Materials (excluding source and object code, other than as made available to access and use via standard web browsers to enable display on your device). When you access or view the Materials, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Materials; and (c) not copy or adapt any object code associated with the Website, reverse engineer, modify or attempt to discover any source code associated with the Website, nor allow or assist any third party (whether or not for your benefit) to do so.
You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Website. Any and all rights to use the Website that are not expressly granted to you under these Terms are reserved for Altering Hospitality, LLC or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way Altering Hospitality, LLC rights to exploit fully any or all of the Materials. Unauthorized use of Materials may be a violation of federal and state laws and could result in civil and criminal liability.
3. BUSINESS USES OF THE WEBSITE
PLEASE READ CAREFULLY: If you are using the Website on behalf of a business, you are agreeing to these Terms of Use on behalf of the entity on whose behalf you are using the Website (the “Company”). Your agreement to these Terms will be deemed to be an agreement between the Company and Altering Hospitality, LLC, and you represent and warrant that you have authority to bind the Company to the terms and conditions of these Terms (specifically including, but not limited to, Section 7 (Indemnification), Section 8 (Disclaimer), Section 9 (Limitation of Liability), and Section 10 (Governing Law; Disputes). If you do not agree with the Terms, you are not authorized to use the Website in any manner.
4. PROHIBITED CONDUCT
You agree that you will not, including without limitation by use of any robot, scraper or other data mining technology or process, frame, mask, extract data or other materials from, or copy or distribute, the Materials (except as may be a result of the standard search engine or Internet browser usage). Except as expressly provided in these Terms, you may not copy, reproduce, republish, modify, create derivative works of, upload, download, perform, display, post, transmit, distribute or otherwise use, the Materials in any way, without the prior written permission of a duly authorized Altering Hospitality, LLC employee. You may not violate any instructions or restrictions communicated to you by Altering Hospitality, LLC on or through the Website.
You agree not to violate or interfere with the security of the Website, attempt to gain unauthorized access to the Website or data, materials, information, computer systems or networks connected to any server associated with the Website, through hacking, password mining or any other means, or otherwise bypass or circumvent any measure employed to limit or prevent access to the Website, or Materials. You also agree not to take or attempt any action that, in the sole discretion of Altering Hospitality, LLC, imposes or may impose an unreasonable or disproportionately large load or burden on the Website, or Altering Hospitality, LLC’s infrastructure. You agree not to use the Website for any unlawful purpose.
5. USER CONTENT
The Website may provide you and other users the opportunity to submit, display, or post to the Website a variety of information, content, or media, including videos, images, computer code, and text (collectively, “User Content”). User Content may include, for example, feedback, questions, comments, and suggestions. You are solely responsible for your User Content, however, submitted. By submitting User Content to Altering Hospitality, LLC, you automatically grant to Altering Hospitality, LLC a worldwide, non-exclusive, assignable, royalty-free, perpetual right and license to use, modify, adapt, copy, display, disclose and create derivative works based upon your User Content (including without limitation any and all intellectual property and proprietary rights in such User Content) for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed. You acknowledge that Altering Hospitality, LLC may be working on or developing material similar or the same in nature to your User Content and that Altering Hospitality, LLC may have received similar or the same intellectual property rights from another party. Altering Hospitality, LLC owes you no obligation with respect to your User Content unless you and Altering Hospitality, LLC enter a written agreement to that effect. If your User Content is subject to protection under intellectual property rights laws, you are responsible for seeking and securing any such protection that may be available to you. Any discussions or negotiations between you and Altering Hospitality, LLC regarding your User Content do not constitute Altering Hospitality, LLC’s recognition of the novelty or originality of your User Content.
6. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY AND RELATED COMPLAINTS
You may not use the Website for any purpose or in any manner that infringes the rights of any third party. Altering Hospitality, LLC encourages you to report any content on the Website that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Website infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
Following the Digital Millennium Copyright Act of 1998 (the “DMCA”), Altering Hospitality, LLC has a designated agent for receiving notices of copyright infringement, and Altering Hospitality, LLC follows the notice and take-down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Altering Hospitality, LLC copyright agent (copyright agent contact information is set forth below) the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any content on the Website contains content that violates your rights other than copyrights, please provide Altering Hospitality, LLC at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send (a) your notice of claims of copyright infringement on or regarding the Website, or (b) a complaint regarding alleged violation of rights other than copyrights, to Altering Hospitality, LLC’ copyright agent, who can be reached as follows:
Altering Hospitality, LLC
Attn: Copyright Complaints
we@stayaltered.com
We have a policy of terminating access to users who (in our reasonable discretion) are repeat infringers.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Altering Hospitality, LLC will provide you with notice if your submission has been removed based on a third-party complaint of an alleged infringement of the third party’s intellectual property rights.
7. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Altering Hospitality, LLC, and their affiliates, including without limitation, their parent companies, direct and indirect subsidiaries, supporting organizations, their predecessors and successors to any interest, their licensees, distributors and assignees, and the officers, managers, partners, trustees, directors, shareholders, members, agents, representatives, employees, contractors, and suppliers of each of them (each, as used throughout these Terms, a “Altering Hospitality, LLC” and, collectively, the “Altering Hospitality, LLC parties”), from and against any and all claims, demands, damages, losses, investigations, liabilities, judgments, settlements, costs (including attorneys’ fees), or other expenses that directly or indirectly arise from or are otherwise directly or indirectly connected to: (a) your breach or anticipatory breach of these Terms; (b) your use of the Website, or activities in connection with the Website (including without limitation, with respect to Third Party Interactions); (c) your violation of any law, rule, regulation, code, statute, ordinance or order of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (e) any misrepresentation made by you; or (f) the Altering Hospitality, LLC Parties’ use of your information as permitted under these Terms, the Privacy Notice, or any other written agreement between you and Altering Hospitality, LLC. You will cooperate as fully required by the Altering Hospitality, LLC Parties in the defense of any claim. Altering Hospitality, LLC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of Altering Hospitality, LLC.
8. DISCLAIMER
THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, INFORMATION, LINKS, PRODUCTS, SERVICES, SOCIAL DISTRIBUTION, KEYLESS ENTRY, THIRD-PARTY INTERACTIONS, AND OTHER CONTENT CONTAINED ON AND/OR OBTAINED THROUGH THE WEBSITE) ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE ALTERING HOSPITALITY, LLC PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS, AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, THE ALTERING HOSPITALITY, LLC PARTIES DO NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE WEBSITE WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE WEBSITE (OR THE SERVER(S) THAT MAKES THE WEBSITE AVAILABLE) IS FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET ACCESS SERVICES, DEVICE HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY ALTERING HOSPITALITY, LLC PARTY, WHETHER MADE ON THE WEBSITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
FURTHER, THE ALTERING HOSPITALITY, LLC PARTIES DO NOT WARRANT OR GUARANTEE THAT YOUR ACTIVITIES, OR USE OF THE WEBSITE, ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE ALTERING HOSPITALITY, LLC PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE. THE ALTERING HOSPITALITY, LLC PARTIES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, DEATH, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) BASED UPON OR RESULTING FROM ANY OPINION, ADVICE, INFORMATION, STATEMENT OR OTHER SUBMISSIONS MADE OR DISPLAYED ON, OR USE OF, THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY USER OF THE WEBSITE).
PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, INFORMATION OR STATEMENT AVAILABLE ON THE WEBSITE. A POSSIBILITY EXISTS THAT THE WEBSITE COULD INCLUDE INACCURACIES OR ERRORS. ADDITIONALLY, A POSSIBILITY EXISTS THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO THE WEBSITE BY THIRD PARTIES. ALTHOUGH WE ATTEMPT TO ENSURE THE INTEGRITY OF THE WEBSITE, THE ALTERING HOSPITALITY, LLC PARTIES MAKE NO GUARANTEES AS TO COMPLETENESS OR CORRECTNESS OF THE WEBSITE.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NONE OF THE ALTERING HOSPITALITY, LLC PARTIES ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO: (A) THE WEBSITE (INCLUDING THE WEBSITE, AND ALL MATERIALS, INFORMATION, LINKS, PRODUCTS, SERVICES, SOCIAL DISTRIBUTION, KEYLESS ENTRY, THIRD PARTY INTERACTIONS, AND OTHER CONTENT CONTAINED ON AND/OR OBTAINED THROUGH THE WEBSITE OR APP); (B) YOUR USE OF, OR INABILITY TO USE, OR THE PERFORMANCE OF, THE WEBSITE OR APP; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE ALTERING HOSPITALITY, LLC PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN TECHNICAL OPERATION OF THE WEBSITE; OR (F) ANY DAMAGE TO ANY USER’S DEVICE, HARDWARE, DEVICE SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE ALTERING HOSPITALITY, LLC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE WEBSITE). WITHOUT LIMITING THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE ALTERING HOSPITALITY, LLC PARTIES WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. IN NO EVENT WILL THE ALTERING HOSPITALITY, LLC PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE WEBSITE IS TO STOP USING THE WEBSITE, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY TO THE ALTERING HOSPITALITY, LLC PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF ONE DOLLAR ($1) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE WEBSITE.
ALTERING HOSPITALITY, LLC SHALL BE EXCUSED FROM PERFORMANCE UNDER THESE TERMS TO THE EXTENT ALTERING HOSPITALITY, LLC IS PREVENTED FROM OR DELAYED FROM PERFORMING, IN WHOLE OR IN PART, AS A RESULT OF AN EVENT OR SERIES OF EVENTS CAUSED BY OR RESULTING FROM (1) WEATHER CONDITIONS OR OTHER ELEMENTS OF NATURE OR ACTS OF GOD, (2) ACTS OF WAR, TERRORISM, INSURRECTION, RIOTS, CIVIL DISORDERS, OR REBELLION, (3) QUARANTINES OR EMBARGOES, (4) LABOR STRIKES, OR (5) OTHER CAUSES BEYOND THE REASONABLE CONTROL OF ALTERING HOSPITALITY, LLC.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ANY ALTERING HOSPITALITY, LLC PARTY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE WEBSITE, APP OR ANY OF ALTERING HOSPITALITY, LLC PARTIES’ WEB SITES, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE ALTERING HOSPITALITY, LLC PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE WEBSITE, OR ANY OTHER ALTERING HOSPITALITY, LLC PARTIES’ WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE ALTERING HOSPITALITY, LLC.
BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
10. GOVERNING LAW; DISPUTES
A. Governing Law; Venue. The validity and interpretation of these Terms, the rights and obligations hereunder, and all causes of action (whether sounding in contract, tort, or otherwise) arising out of or related to these Terms, the termination of these Terms, or the use of the Website, are to be governed by, and construed in accordance with, the substantive laws (as distinguished from the choice of law rules) of the State of California and the United States of America applicable to contracts made and performed entirely in California.
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 21 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
| ****BINDING ARBITRATION**** TO EXPEDITE RESOLUTION AND CONTROL THE COST OF ANY DISPUTE, CONTROVERSY OR CLAIM RELATED TO THESE TERMS AND CONDITIONS (EACH A “DISPUTE” AND COLLECTIVELY, “DISPUTES”), ANY DISPUTE BROUGHT BY EITHER YOU OR US (INDIVIDUALLY, A “PARTY” AND COLLECTIVELY, THE “PARTIES”) SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THE ARBITRATION SHALL BE COMMENCED AND CONDUCTED UNDER THE ISRAELI ARBITRATION LAW (1968). THE ARBITRATION MAY BE CONDUCTED IN PERSON, THROUGH THE SUBMISSION OF DOCUMENTS, BY PHONE, OR ONLINE. THE ARBITRATOR WILL MAKE A DECISION IN WRITING, BUT NEED NOT PROVIDE A STATEMENT OF REASONS UNLESS REQUESTED BY EITHER PARTY. THE ARBITRATOR MUST FOLLOW APPLICABLE LAW, AND ANY AWARD MAY BE CHALLENGED IF THE ARBITRATOR FAILS TO DO SO. EXCEPT WHERE OTHERWISE REQUIRED BY THE ARBITRATION LAW (1968), THE ARBITRATION WILL TAKE PLACE IN CALIFORNIA. EXCEPT AS OTHERWISE PROVIDED HEREIN, THE PARTIES MAY LITIGATE IN COURT TO COMPEL ARBITRATION, STAY PROCEEDINGS PENDING ARBITRATION, OR TO CONFIRM, MODIFY, VACATE, OR ENTER JUDGMENT ON THE AWARD ENTERED BY THE ARBITRATOR. IF FOR ANY REASON, A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, THE DISPUTE SHALL BE COMMENCED OR PROSECUTED IN THE STATE OF ISRAEL, AND THE PARTIES HEREBY CONSENT TO, AND WAIVE ALL DEFENSES OF LACK OF, PERSONAL JURISDICTION, AND FORUM NON CONVENIENS WITH RESPECT TO VENUE AND JURISDICTION IN SUCH STATE AND FEDERAL COURTS. APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS AND THE UNIFORM COMPUTER INFORMATION TRANSACTION ACT (UCITA) ARE EXCLUDED FROM THESE TERMS AND CONDITIONS. IN NO EVENT SHALL ANY DISPUTE BROUGHT BY EITHER PARTY RELATED IN ANY WAY TO THE SITE OR SERVICES BE COMMENCED MORE THAN 2 YEARS AFTER THE CAUSE OF ACTION AROSE. IF THIS PROVISION IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THEN NEITHER PARTY WILL ELECT TO ARBITRATE ANY DISPUTE FALLING WITHIN THAT PORTION OF THIS PROVISION FOUND TO BE ILLEGAL OR UNENFORCEABLE AND SUCH DISPUTE SHALL BE DECIDED BY A COURT OF COMPETENT JURISDICTION WITHIN THE COURTS LISTED FOR JURISDICTION ABOVE, AND THE PARTIES AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. RESTRICTIONSTHE PARTIES AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE DISPUTE BETWEEN THE PARTIES INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW, (A) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER PROCEEDING; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (C) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. |
If a court declines to enforce arbitration, you agree that any action at law or in equity arising out of or in any way relating to these Terms will be filed only in the state or federal courts located in Santa Clara County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
B. Waiver. Both you and Altering Hospitality, LLC waive the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in any such action brought by anyone else. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. The foregoing shall not apply to the extent that applicable law in your country of residence requires the application of another law and/or jurisdiction and this cannot be excluded by contract.
11. USER PROFILE & REGISTRATION
Use of the Website, or certain areas of the Website, may require registration or may otherwise ask or require you to provide information to use certain services or features. When you choose to provide information to the Website, you agree to provide only true, accurate, current and complete information. You agree to update any of your information if it becomes inaccurate. If you register with us, you agree to be responsible for any activities that occur under your user profile or password, and you agree you will not sell or otherwise transfer your user profile or rights to access the Website.
Altering Hospitality, LLC reserves the right to review your registration before permitting access, to deny access to the Website, and to terminate your access to the Website, for any reason or no reason, in its sole discretion without notice and without liability. You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Website. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Website, including, without limitation, those governing your transmission or use of any software or data.
12. SOCIAL DISTRIBUTION
Altering Hospitality, LLC grants you the limited, revocable permission, subject to the restrictions in these Terms, to engage in the following personal uses of Materials that include the ability to share Materials with others (“Social Distribution”): (a) sending Materials to friends or acquaintances at no charge; (b) posting and displaying a copy of Materials on a personal website; or (c) posting and displaying a copy of the Materials on a third party website or app that permits users to post content, so long as the posting is allowed pursuant to the third party website’s terms and conditions and policies, and provided that the third party website does not charge for access to those materials or associate those materials with products, services or advertising. If you engage in Social Distribution, you agree that you will not post any performance claims about an Altering Hospitality, LLC product or service through your Social Distribution and that only Altering Hospitality, LLC may make claims, promises or statements on behalf of Altering Hospitality, LLC about its products and services. You also agree that you will not imply that you and Altering Hospitality, LLC are affiliated in any way or that Altering Hospitality, LLC approves of your Social Distribution. Except as otherwise permitted by these Terms, or expressly in writing by Altering Hospitality, LLC, you may not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Materials. Altering Hospitality, LLC may, and reserves the right to, revoke Altering Hospitality, LLC’ permission for Social Distribution at any time and for any reason, and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection the Social Distribution of Materials.
13. JURISDICTIONAL ISSUES
The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Altering Hospitality, LLC to any registration requirement within such jurisdiction or country. Altering Hospitality, LLC controls the Website from offices located in the United States. Anyone using or accessing the Website from other locations does so on their own initiative and is responsible for compliance with United States and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Website or any portion of the Website, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
Software related to or made available by the Website may be subject to United States export controls. Thus, neither the software from the Website may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States government has embargoed goods or designated as a “terrorist supporting country”; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Commerce Department’s Table of Deny Orders, or any other U.S. Government list of prohibited or restricted parties. By downloading any software related to the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
14. SWEEPSTAKES, CONTESTS & PROMOTIONS
The Website may contain or offer sweepstakes, contests, or other promotions, which may be governed by a separate set of official rules and have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read the applicable rules to determine whether or not your participation, registration or entry will be valid or restricted and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contest, or promotion.
15. LINKS TO THIRD PARTY CONTENT & THIRD PARTY INTERACTIONS
The Website may provide links to certain websites, services and features that are provided by third parties. Functionality on the Website may also permit interactions between the Website and a third-party site or online feature, including functionality that allows you to connect the Website, or your profile with a third-party site. For example, the Website may include features enabling you to indicate on a third-party website or service that you “like” certain Website content, to share App content on a third-party website or service, to log in to the Website using your username and password for a third party web site or service, to transmit content to the Website from your profile on a third party web site or service, and to otherwise connect the Website to a third party web site or service. Using this functionality may require you to log in to your profile on the third-party site, and you do so at your own risk.
We do not control any of these third-party sites, apps, or services, or any of their content. Accordingly, you understand and agree that we are not responsible for your use of these third-party websites or services and that your use of such sites or services is subject to the terms and conditions established by such third parties.
YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE WEBSITE AND APP INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
Further, you may choose, at your sole and absolute discretion and risk, to use applications or other functionality that connects the Website, or your profile on the Website with a third-party site or service (“Third Party Interactions”) and such Third Party Interactions may interact with, connect to or gather and/or pull information from and to your profile on the Website or another third party web site or service. By engaging in such Third Party Interactions, you acknowledge and agree to the following: (i) if you use Third Party Interactions to share information relating to your profile on the Website, you are consenting to the information about your profile being shared; (ii) your use of Third Party Interactions may cause personally identifying information to be publicly disclosed and/or associated with you, even if Altering Hospitality, LLC has not provided such information; and (iii) your use of Third Party Interactions is at your own option and risk, and you will hold Altering Hospitality, LLC harmless for the sharing of information relating to your profile on the Website that results from your use of Third Party Interactions. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your profile information with, through or by any other means identified on or in connection with Third Party Interactions.
Descriptions of, references to, or links to products, services or publications within the Website or App do not imply endorsement of that product, service or publication.
16. LINKING POLICY
Altering Hospitality, LLC grants you the revocable permission to link to the Website; provided, however, that any link to the Website: (a) must not present false information about, disparage damage, dilute or tarnish the goodwill associated with Altering Hospitality, LLC or its products or services, any Altering Hospitality, LLC property or any other intellectual property; (b) must not create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Altering Hospitality, LLC; (c) must not frame or create a browser or border environment around any of the content on the Website or otherwise mirror any part of the Website or; (d) must not use any Altering Hospitality, LLC trademarks without the prior written permission from Altering Hospitality, LLC; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Altering Hospitality, LLC’ sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. You agree that you will not link to the Website from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate (in Altering Hospitality, LLC’ sole discretion). By linking to the Website, you agree that you do and will continue to comply with the above linking requirements.
17. TERMINATION
Altering Hospitality, LLC reserves the right, without notice or liability and at its sole discretion, to suspend or terminate these Terms and/or your ability to access or use the Website (or any portion of the Website), and to block or prevent future access to and use of the Website for any reason, including, without limitation, your breach of these Terms or other conduct by you that Altering Hospitality, LLC considers inappropriate. Altering Hospitality, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website with or without notice. You agree that no Altering Hospitality, LLC Party shall be liable to you or to any third party for any modification, suspension or discontinuation of the Website. You acknowledge and agree that termination, suspension, or cancellation of these Terms or your access to the Website will not affect any right or relief to which Altering Hospitality, LLCs may be entitled, at law or in equity, nor shall they affect any obligation you have to Altering Hospitality, LLC, including but not limited to the payment of fees.
Upon termination of these Terms, all rights granted to you will automatically terminate and immediately revert to Altering Hospitality, LLC and its licensors. Upon termination of your access to the Website, or demand by Altering Hospitality, LLC, you must destroy all Materials and all related documentation including immediately discontinuing the use of any links to the Website. Any provisions of these Terms, which, by their terms, ought to survive, shall survive any termination of these Terms.
You understand and agree that Altering Hospitality, LLC will determine your compliance with these Terms at its sole discretion. Any violation of these Terms may be referred to law enforcement authorities.
18. PRIVACY NOTICE
Your use of the Website and communications with Altering Hospitality, LLC are governed by and subject to the Privacy Notice. You agree that you have read our Privacy Notice, and agree that it is acceptable to you. By agreeing to these Terms and/or using the Website, you agree that you consent to the information handling practices and other provisions in our Privacy Notice.
20. ENTIRE AGREEMENT
You acknowledge and agree that these Terms and any applicable Additional Terms constitute the complete and exclusive agreement between you and Altering Hospitality, LLC concerning your access to and use of the Website, and supersede and govern all prior proposals, agreements, or other communications, whether oral or in writing, with respect to the Website. Neither party has relied on any statement or representation not set forth in these Terms and any applicable Additional Terms. You represent, warrant and covenant that your access to and use of the Website will comply with these Terms of Use.
21. MISCELLANEOUS
If any provision of these Terms is found to be unlawful, void, or for any reason is unenforceable, then that provision shall be modified to the least extent necessary to make it enforceable and shall not affect the validity and enforceability of any remaining provisions. These Terms and any rights herein, if any, are not assignable, transferable, or sub-licensable by you except with the prior written consent of a duly authorized Altering Hospitality, LLC employee. Altering Hospitality, LLC may assign these Terms and any rights contained herein without your prior notice or consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in these Terms are inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or another form of joint enterprise between you and Altering Hospitality, LLC. You agree that these Terms will not be construed against Altering Hospitality, LLC by virtue of having drafted these Terms.
22. CHANGES TO THESE TERMS
We reserve the right, in our sole discretion and at any time, to change or add to the terms of these Terms without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Website so that they are accessible via a link from the home page. Therefore, whenever you want to use the Website you should review these Terms before using the Website. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Website from that point forward.
23. CONTACTING US
If you have any comments or questions regarding these Terms or wish to report any violation of these Terms, please contact us at:
Altering Hospitality, LLC
we@stayaltered.com