Website Terms of Use
THIS WEBSITE TERMS OF USE ("TERMS") IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND REVPAR COLLECTIVE, INC. (REFERRED TO HEREIN AS "RPC," "WE," "US," OR "OUR") GOVERNING YOUR ACCESS AND/OR USE OF THE WEBSITE LOCATED AT WWW.STASHREWARDS.COM (THE "STASH SITE"). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. Your access or use of the Stash Site constitutes your agreement to be bound to these Terms, which includes any restrictions or additional terms or conditions posted on Stash Site pages or any changes that may exist when you re-access our Stash Site. If you do not agree with these Terms, do not use the Stash Site. Discontinuing use of the Stash Site shall not modify any Terms that apply to prior uses on the Stash Site.
Personal information that we collect over the Stash Site will be governed by our Privacy Policy, which is incorporated in these Terms by reference.
Enrollment in our Stash Hotel Rewards® program (the "Stash Program") is subject to additional Membership Terms, which are also incorporated in these Terms by reference.
This Stash Site and the Stash Program are owned and operated by RPC. The data, materials and other content displayed or posted on the Stash Site, including without limitation, any text, images, graphics, photographs, sound, illustrations, design elements, materials, code and software (collectively "Content") is intended provide you with information about the Stash Program and its participating hotels ("Participating Hotels"). RPC and/or its Participating Hotels or other licensors or suppliers own all right, title and interest, including all intellectual property rights, in the Stash Site and Content, including the trademarks, logos, service marks and trade dress displayed on the Stash Site. You may not download, copy or use any Content except as expressly authorized by these Terms.
We reserve the right to make changes and update these Terms and/or any information or Content contained on this Stash Site without prior notice. Changes will be effective immediately upon notice, which may be given by posting on the Stash Site. Visitors have the obligation to review changes to these Terms when they access or re-access the Stash Site. Your continued use of the Stash Site after a change to these Terms shall be deemed acceptance of such changes.
The Stash Site is intended for users who are over the age of majority and able to form legally binding contracts under applicable law. Without limiting the foregoing, the Stash Site and the Stash Program are not available to minors. If you are a minor, please leave the Stash Site and do not use the Stash Site. Certain areas of the Stash Site may only be accessed by Stash Program members. When and if you enroll in the Stash Program you agree to provide us with accurate, current and complete information about yourself as prompted by our enrollment form and to maintain and update such information to keep it current and accurate. Enrollment in the Stash Program and submissions of personal information on the Stash Site are voluntary. If you provide any false, untrue or inaccurate information on the Stash Site, we reserve the right to suspend or terminate your use of the Stash Site and pursue any other legal remedies.
Visitors may not copy, download, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, store, re-use, adapt, incorporate or create a derivative work of, in any manner, any Content other than as provided herein. Visitors may print or download Content from the Stash Site only for personal and non-commercial use, provided that the visitor does not republish or redistribute the Content and keeps intact all Content, including any copyright, trademarks, service marks or other proprietary notices and credit lines that appear with or on the Content when copying or downloading. Any use, copying, downloading, reproduction or redistribution for commercial purposes is strictly prohibited, unless prior written consent for such usage is obtained from RPC.
Visitors expressly agree not to engage in any activity with respect to the Stash Site or Content that:
Any conduct that in any way violates these Terms or any posted restrictions may result, in our sole discretion, in the termination of a visitor's access to the Stash Site without further notice and/or our pursuit of any legal damages or remedies. If necessary, or as authorized under applicable law, we may cooperate with local, state and/or federal authorities to (a) protect RPC, our Participating Hotels, Stash Program, Stash Site and/or Content; (b) comply with applicable laws; or (c) prevent unauthorized access or use of the Stash Site or Content. We retain the right to deny access to the Stash Site, in our sole discretion, to any visitor for any reason, including for any violation of these Terms.
We use reasonable efforts to ensure the accuracy and correctness of the Content appearing on the Stash Site and the operation of the Stash Site; however, the hotel descriptions, reviews and ratings posted on the Stash Site are the representations of our Participating Hotels and/or other third party content providers and the Stash Site may contain views, opinions and/or statements of independent third parties. We do not represent or endorse the accuracy, reliability or truthfulness of any third party advice, opinion, statement or other information displayed or distributed through the Stash Site. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk. The Stash Site may also contain technical inaccuracies or typographical errors or omissions. We are not responsible for any typographical, photographic, technical, pricing or room availability errors listed on the Stash Site. We reserve the right to make changes, corrections and/or improvements to the Stash Site and Content at any time without notice. Advertised hotel room pricing and availability are also subject to change at any time without notice.
THE STASH SITE AND ITS CONTENTS ARE PROVIDED "AS IS." WE DO NOT WARRANT, EXPRESSLY OR BY IMPLICATION, THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY CONTENT PROVIDED OR POSTED ON THE STASH SITE OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT FOUND ON THE STASH SITE IS FREE FROM VIRUSES OR OTHER POTENTIALLY HARMFUL ATTRIBUTES.
IN NO EVENT SHALL RPC, ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES OR EMPLOYEES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS, HARM OR DAMAGE, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, RESULTING FROM OR IN ANY WAY CONNECTED TO, (I) USE OF OR ACCESS TO THE STASH SITE OR CONTENT POSTED ON THE STASH SITE; (II) ANY FAILURE OR INTERRUPTION OF THE STASH SITE; (III) ANY ACT OR OMISSION OF ANY SERVICE PROVIDER OR AGENT INVOLVED IN MAKING THE STASH SITE OR THE CONTENT AVAILABLE TO VISITORS; (IV) ANY OTHER CAUSE RELATING TO A VISITOR'S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THE STASH SITE OR CONTENT; (V) ANY CONTENT OR MATERIALS, ADVISE OR OPINIONS POSTED OR UPLOADED ON THE STASH SITE, INCLUDING ANY VISITOR RELIANCE ON SUCH INFORMATION; (VI) ANY SECURITY BREACH, OR ANY VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, INACCURACY, DEFECT OR TECHNICAL MALFUNCTIONS; OR (VII) ANY VISITOR'S FAILURE TO COMPLY WITH THESE TERMS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RPC, ITS EMPLOYEES, REPRESENTATIVES OR AGENTS PROVIDING SOFTWARE, SERVICES OR SUPPORT.
When you leave the Stash Site, your use of the Internet will be governed by the terms of usage and privacy policies, if any, of the particular website that you are accessing. We expressly disclaim any responsibility for the accuracy, content or availability of information found on sites that link to or from the Stash Site, including without limitation, the websites of our Participating Hotels. We make no representations or warranties as to the security of any information (including credit card information) that you may be requested to provide on a third party website and you irrevocably waive any claims again RCP, its officers, directors, representatives, employees and agents with respect to such third party websites.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS RPC, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, COSTS AND FEES, INCLUDING REASONABLE ATTORNEYS FEES, RESULTING FROM YOUR VIOLATION OR BREACH OF THESE TERMS, YOUR UNAUTHORIZED ACCESS OR USE OF CONTENT, AND/OR ANY CONSEQUENCES ARISING OUT OF YOUR ACCESS OR USE OF THE STASH SITE OR CONTENT.
We respect the intellectual property rights of others. If you believe in good faith that any Content appearing on the Stash Site infringes on your copyright, you (or your agent) may send us a written notice in accordance with the current requirements provided in the Digital Millennium Copyright Act of 1998 (DMCA). Notices should be sent to our designated agent: Kim Brown, The Law Office of Kim Brown, 67 West Street, Suite 401, Brooklyn, NY 11222. Phone: 718-878-3112; Email: kim@kimbrownlaw.com.
Either party may terminate this agreement immediately upon notice to the other party. Upon termination of this Agreement by either party, your right to use the Stash Site shall immediately cease.
The Stash Site is originated and located in the United States, and these Terms shall be governed by and construed in accordance with the laws of the state of New York applicable to contracts made and wholly performed therein, excluding its conflicts of law provisions. Visitors who choose to access this Site from locations outside of the United States are responsible for compliance with applicable laws and regulations. Any dispute arising out of or relating to these Terms or your access or use of this Stash Site will be subject to the jurisdiction of the courts located within the state of New York, and you hereby submit to the personal jurisdiction of such courts. If any provision of these Terms is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent, and the remaining provisions of these Terms shall remain in full force and effect. These Terms, including any posted restrictions and guidelines, contain the full understanding of the parties with respect to access and usage of the Stash Site and Content. No action of ours, other than an express written waiver or update to these Terms, may be construed as a waiver of any part of these Terms. In the event we waive or update any specific provision of these Terms, all other portions will remain intact.
Effective May 2010
