TERMS OF USE
INTRODUCTION
These Terms of Use (the “Terms” or “this Agreement”) are a legal agreement between you and 700 Harrison Ave LLC DBA Delaware Hotel (the “Company”, “we”, “our”, or “us”) governing your access to and use of the Company’s website located at https://delawarehotel.com (the “Site”) and the services which Company agrees to provide to you in connection with the Site including, but not limited to, the live chat services (the “Services”).
If you are accessing the Site or using the Service on behalf of a third party that has entered into a separate agreement with the Company in connection with the Services (“Services Agreement”), your use of the Site and Services will also be subject to the terms and conditions of the Services Agreement.
PLEASE BE ADVISED THAT THESE TERMS OF USE CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED (SEE DISCLAIMERS (SECTION 7), INDEMNITY (SECTION 10) AND LIMITATION OF LIABILITY (SECTION 11) PROVISIONS BELOW). THESE TERMS ALSO CONTAIN AN ELECTION TO ARBITRATE, WHICH WILL, UPON ELECTION BY YOU OR US, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (SEE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT, SECTION 12.3). UNLESS YOU OPT OUT, IN THE EVENT OF AN ELECTION BY THE COMPANY TO ARBITRATE YOUR CLAIMS: (1) DIPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF ON AN INDIVIDUAL BASIS AND YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
BY ACCESSING THE SITE OR USING ANY OF THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND THE CODE OF CONDUCT. YOU UNDERSTAND THAT BY ACCESSING OR USING THE SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE AND THE CODE OF CONDUCT. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE AND THE CODE OF CONDUCT YOU MAY NOT USE THE SITE OR ANY SERVICES PROVIDED ON OR THROUGH THE SITE.
Privacy. The Company respects the privacy of is users. The Company collects, uses and discloses information about you in accordance with the Company’s Privacy Policy [https://delawarehotel.com/privacy-policy] (“Privacy Policy”). Your and your family's privacy are very important to the Company. We do not collect personally identifiable information from any child under the age of thirteen without verifiable parental consent. We do not share your information except under certain circumstances as outlined in the Privacy Policy. You understand and agree that, notwithstanding any measures taken to prevent unauthorized disclosure, use of or connection to the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to confidential information. Accordingly, the Company cannot and does not guarantee the privacy, security or authenticity of any information so transmitted over or stored in any system connected to the Internet.
Registration. You may access certain online features of the Services through your account on the Site (your “Account”). You may log into your Account using a unique username and password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You are solely responsible for any actions taken under your username. You agree that the information that you provide to the Company about yourself upon registration of your Account, and at all other times, (“Customer Data”) will be true, accurate, current and complete, and you further agree that you will maintain and promptly update the Customer Data to ensure that it remains true, accurate, current and complete. You may not impersonate any other person or use a username or password that you are not authorized to use. the Company reserves the right to require you to change your password for any reason at any time. If you become aware of any unauthorized use of your Account, you agree to notify the Company immediately at privacy@delawarehotel.com.
Agreement for Use. You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to use the Site and the Services with all terms therein. You agree to be financially responsible for all of your use of the Site and the Services, as well as for the use of your account by others to whom you provide access. For any services for which fees may be applied, you agree to abide by the terms and conditions of purchase imposed including payment of all amounts when due. You agree that you are responsible for all charges, fees and taxes arising out of the use of the Site and the Services.
Compliance With Terms and Code of Conduct. We may review your conduct for compliance with these Terms and our Code of Conduct However, we aren’t responsible for your compliance with these Terms or the Code of Conduct, or any other party’s compliance with these Terms or the Code of Conduct.
Third Party Software and Linking. Although we may make software, hyperlinks, and other products of third-party companies available to you, your use of such products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such products, and the agreement for your use will be between you and such third party. The Company makes no warranty with regard to the products or websites of any other entity. The Company has no control over the content or availability of any third-party software or website. In particular, (a) the Company makes no warranty that any third-party software you download or web site you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) it is your responsibility to become familiar with any web site's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns.
Suspension and Termination. The Company reserves the right to suspend, modify, or terminate your access to and use of the Site and Services, at any time, without notice. Further, you agree that the Company shall not be liable to you or any third party for any termination, modification, or suspension of your access to the Site or Services.
Disclaimers.
THE SITE AND ALL SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY DOES NOT GUARANTEE THAT THE SITE OR THE SERVICES WILL BE SECURE, UNINTERRUPTED AND OPERATE WITHOUT ERRORS OR THAT THE SITE AND THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER MALWARE. YOU AGREE THAT THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY ECONOMIC COSTS RELATING TO YOUR USE OF THE SITE OR THE SERVICES.
THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE AND THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE SITE, THE SERVICES AND/OR OTHER CONTENT ON THE PLATFORM. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
THE COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE COMPANY'S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Proprietary and Privacy Protection for Other Users’ Content on the Site. The Company hereby notifies you that all the information, content, image files, software and materials on the Site may be protected by U.S. and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. You may not copy or distribute such material without the written consent of the Company. In addition, information you submit through or which is otherwise connected with the live chat service on the Site shall be owned by the Company.
Copyright Infringement.
Claims of Copyright Infringement. The Company reserves the right to remove any content that allegedly infringes another person’s copyright. In appropriate circumstances, we will terminate the accounts of users who infringe copyright. Notices to the Company regarding any alleged copyright infringement should be directed to the Company via email at:
Service Provider: 700 Harrison Ave LLC
Copyright Agent: 700 Harrison Ave LLC
Mailing Address: 1305 Old Tale Road, Boulder, CO 80303
Email: copyright@delawarehotel.com
Notice of Infringement. To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted 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;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
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
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.
Takedown Notices. We may give you notice that we have removed or disabled access to certain material (which may include your content) by means of a general notice on the Service, electronic mail to your email address in our records, or by written communication sent by first-class mail to your physical address in our records.
Indemnity. You agree to indemnify, and hold the Company, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (a) your access to or use of the Site or Services; (b) your violation of these Terms; (c) your violation of any third party right, including without limitation any intellectual property right or any publicity, confidentiality, property or privacy right; (d) any claim that your use of the Site or Services caused damage to a third party, or (e) any incorrect or fraudulent statements or information you provide in connection with the Services.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR ANY LIABILITY FOR THE COMPANY’S FRAUD, FRAUDULENT MISREPRESENTATION, OR GROSS NEGLIGENCE, IN NO EVENT WILL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS, AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR (B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER OR NOT THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS, AFFILIATES, SUPPLIERS OR DISTRIBUTORS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS, AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE TO YOU FOR ANY REASON IF YOU KNOWINGLY ALLOW SOMEONE TO CREATE A PROFILE FOR YOU ON THEIR ACCOUNT.
ADDITIONALLY, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS, AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES FOR MORE THAN THE GREATER OF TWENTY DOLLARS ($20) OR THE AMOUNTS PAID BY YOU TO THE COMPANY FOR THE PAST TWELVE (12) MONTHS OF THE SERVICES IN QUESTION.
Some places don't allow the types of limitations in this paragraph, so they may not apply to you.
General.
Modification. The Company may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Site or Services after the “Last Revised” date at the top of these Terms. Your continued access to or use of the Site or Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms. If you do not agree with the modifications, do not access or use the Site or Services.
Applicable Law. These Terms shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction.
Dispute Resolution and Arbitration Agreement. If you believe that the Company has not adhered to these Terms, please contact us by e-mail at privacy@delawarehotel.com and we will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
IF YOU AND THE COMPANY ARE UNABLE TO REACH A RESOLUTION TO THE DISPUTE, YOU AND THE COMPANY AGREE THAT EITHER YOU OR THE COMPANY MAY ELECT TO SETTLE THE DISPUTE EXCLUSIVELY UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (WWW.ADR.ORG) AT ITS BOCA RATON, FLORIDA OFFICE (THE “ARBITRATION AGREEMENT”). ANY ELECTION TO ARBITRATE BY ONE PARTY WILL BE FINAL AND BINDING ON THE OTHER.
YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. YOU AND THE COMPANY AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN THE COMPANY AND YOU INDIVIDUALLY. YOU ACKNOWLEDGE AND AGREE THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND THE COMPANY OTHERWISE AGREE IN WRITING, AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. 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 SITE OR THE SERVICES OR THESE TERMS MUST BE BROUGHT, IF AT ALL, WITHIN ONE YEAR FROM THE ACCRUAL OF THE CLAIM OR CAUSE OF ACTION OR BE FOREVER BARRED.
You may opt out of this Arbitration Agreement. If you do, neither you nor the Company can require the other to participate in arbitration proceedings. To opt out, you must notify the Company in writing within 30 days of the date that you first became subject to this arbitration provision, which shall be the date you first visited the Site. You must use this address to opt out:
700 Harrison Ave LLC.
ATTN: Arbitration Opt-Out
1305 Old Tale Road
Boulder, CO 80303
You must include your name and residence address, the email address you use for your account, and a clear statement that you want to opt out of the arbitration agreement.
Contact. The Company is located in Leadville, Colorado. Any questions, comments or suggestions, including any report of violation of these Terms should be provided to the Administrator as follows:
By E-mail:
privacy@delawarehotel.com
By Postal Mail:
700 Harrison Ave LLC
1305 Old Tale Road
Boulder, CO 80303
Entire Agreement. These Terms, along with any other applicable agreement referenced herein, constitutes the entire agreement between you and the Company and govern your use of the Site and the Services, superseding any prior agreements between you and the Company. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and the Company nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
CODE OF CONDUCT
This Code of Conduct is a part of the Terms of Use governing your access to, and use of, the Services provided by the Company. Capitalized terms used but not disclosed in this Code of Conduct have the meaning provided in the Terms of Use.
You agree not to misuse the Services or help or encourage any other party to misuse the Services. For example, and without limitation, you may not:
Interfere or disrupt or attempt to gain unauthorized access to other accounts on the Site or any other computer network;
breach or otherwise circumvent any security or authentication measures;
abuse or misuse any of the Services, including, but not limited to, any online reservation or live chat system;
create user accounts by automated means or under fraudulent or false pretenses;
create or transmit unsolicited electronic communications such as spam to users or promote any products or services;
sell the Services unless specifically authorized to do so;
harass, threaten or intentionally embarrass or cause harm or distress to another person or group;
distribute, upload, or otherwise make available any Content or other materials that: (a) are defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) are bigoted, hateful, or racially or otherwise offensive; (c) are illegal or encourage or advocate illegal activity; (d) infringe or violate the rights of any party (e) are violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (f) harm or can reasonably be expected to harm any person or entity;
collect and publish any information about any of our users;
adapt, modify or reverse engineer any portion of the Services or the Site;
use any spider, robot, retrieval application, or any other device to retrieve any portion of the Site;
disseminate, store or transmit viruses, worms, Trojan horses or other malicious code or program;
encourage conduct in connection with the Services that would constitute a criminal or civil offense;
violate any applicable federal, state, local or international law or regulation;
exploit any person;
invade the privacy of any person, including but not limited to submitting personally identifying or otherwise private information about a person without their consent;
submit false or misleading information to the Company;
engage in any other activity deemed by the Company to be in conflict with the spirit of the Terms, the Privacy Policy or this Code of Conduct; or
attempt to do any of the foregoing or encourage or enable any third party to do any of the foregoing.