TERMS AND CONDITIONS FOR USE OF THE SITE
1. Services. This Site makes available information on the Hotel and other travel-related goods and services. The offer of goods and/or services on the Site is conditioned on the user's ("User(s)" or "you” or “your”) acceptance of these Terms.
BY ACCESSING, USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS SITE OR ANY OF ITS SERVICES, FUNCTIONS OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL THE TERMS WITHOUT MODIFICATION. IF YOU DO NOT AGREE, PLEASE CEASE USE OF THE SITE AND LEAVE THE SITE IMMEDIATELY.
2. Eligibility. The Site is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the services offered by the Site are not available to minors. If you do not qualify, you may not use the Site. You warrant that you are eighteen (18) years of age or older to reserve a room on this Site. If you are under the age of eighteen, you may contact the hotel directly for assistance.
3. Use of this Site. You may only use this Site to make legitimate reservations or purchases and shall not use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
This Site is to be used by you for your personal use only. Commercial uses of this Site is strictly prohibited. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of the Hotel or any third party that provides services related to this Site. Any reservation made that does not comply with these Terms is subject to cancellation at our sole and absolute discretion.
You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any content or information contained herein. You agree that you will not, through any means, interfere or attempt to interfere with the proper functioning of the Site. You agree that you will not provide to the Hotel and/or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for the Hotel or cause the Hotel to lose (in whole or in part) the services of our suppliers.
4. Proprietary Rights Information. This Site contains trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of the Hotel and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of the Hotel and/or other parties is granted to or conferred upon you. Reproduction or storage of materials obtained from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No material from the Site may be reproduced, distributed, posted, displayed, uploaded or transmitted. The use of any material from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any Hotel trademark, logo, or other proprietary information (including images and text). You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information.
5. Trademarks. The trademarks, logos, service marks and trade dress displayed on this Site (collectively, the"Trademarks") are registered and common law Trademarks of the Hotel, its affiliates and various third parties. The “Mr. C’s Hotel” and “Mr. C Coconut Grove” word mark, logo and product and service names are trademarks of the Hotel. Any reproduction or use of any of the Trademarks without the prior, express written consent of the Hotel is prohibited. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the prior written consent of the Hotel or such other party as may own the Trademarks.
6. Copyright. This Site is the copyrighted property of the Hotel and/or its various third-party providers and distributors. This Site and the content provided on this Site may not be copied, reproduced, republished, uploaded, posted, modified, transmitted or distributed without the prior written consent of the Hotel, except that you may download, display and print one copy of the materials presented on this Site on a single computer for your personal, non-commercial use only. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is strictly prohibited.
7. Notice and Procedure for Making Claims of Copyright Infringement. We respect the intellectual property rights of others. If you think that your work has been copied in a manner that constitutes copyright infringement, please follow the instructions below.
Notifications of claimed copyright infringement under the Digital Millennium Copyright Act (“DMCA”) should be sent to our designated agent at email@example.com or mailed to: 9255 Sunset Boulevard, Suite Upper Penthouse, Los Angeles, CA 90069, attention: General Manager/Sam Jagger]. To be effective, the DMCA notification must be a written communication that includes the following:
a. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or if multiple
c. Identification of the material that is claimed to be infringing or to be the subject of copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
d. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
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.
8. Advertising Disclosure, Accuracy. Product descriptions posted on our product pages are provided by our suppliers. The Site may contain inaccurate content, typographical errors or omissions. We are not responsible for typographical, pricing, product information or advertising errors, and shall not be liable for any damages that may result therefrom. Advertised prices and available quantities are subject to change without notice. We reserve the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time and without notice.
9. Miscommunications / Lost Transactions. We are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected transmissions, messages or entries, or the security of any such communications. Further, we are not responsible for incorrect or inaccurate entry information, whether caused by User(s), by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site and shall not be liable for damages resulting from any of the foregoing. We may cancel or modify reservations where it appears that a User has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.
You agree that we are not responsible for any damages that may arise as a result of any travel or other arrangements or requests you make on this Site which are not processed or accepted for any reason.
10. Linked Websites. This Site includes links to other websites. We provide such links solely as a convenience to you and for informational purposes only. We have not reviewed all of the information on these other websites. The inclusion of these links in no way indicates our endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such websites. We are not responsible for the content of any other websites and makes no representation or warranty regarding any other websites or the content, materials, products or services on such websites. If you decide to access other websites, you do so at your own risk.
11. Personal Information, Credit Card Information. YOU AGREE THAT HOTEL IS NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR INJURY, LOSS OR DAMAGE TO YOUR COMPUTER, OR INTERCEPTION OR USE OF CREDIT CARD INFORMATION OR OTHER PERSONAL INFORMATION, RELATED TO OR RESULTING FROM USE OF THE INTERNET, THE SITE OR ANY WEBSITES LINKED OR ASSOCIATED WITH THIS SITE. HOTEL MAKES NO WARRANTY OR REPRESENTATION REGARDING THE CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED TO OR ON THIS SITE OR ANY WEBSITE LINKED TO THIS SITE. YOU AGREE THAT HOTEL IS NOT RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING, WITHOUT LIMITATION, CREDIT CARD INFORMATION, PERSONAL INFORMATION, EMAIL ADDRESSES OR PHONE NUMBERS), AND HOTEL IS NOT LIABLE OR RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.
12. Use of Third-Party Suppliers. In order to offer the services related to this Site and fulfill reservations or orders Users place on this Site, we may use third party suppliers. You acknowledge and agree that the carriers and other suppliers providing travel or other services are independent service providers, and not agents or employees of the Hotel. YOU AGREE THAT HOTEL IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD-PARTY SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES, LOSS OR EXPENSES RESULTING FROM THE USE OF SUCH SUPPLIERS. HOTEL HAS NO LIABILITY AND WILL NOT MAKE REFUNDS FOR ANY DELAY, CANCELLATION, OVERBOOKING OR OTHER CAUSES BEYOND OUR DIRECT CONTROL, AND HOTEL HAS NO RESPONSIBILITY FOR ANY DAMAGES, LOSS OR ADDITIONAL EXPENSES RESULTING THEREFROM.
13. Miscellaneous Terms.
a. Denial of Access. We may, at any time and without notice, in our sole and absolute discretion, in addition to any other rights or remedies available to us, and without any liability whatsoever to a User, terminate or restrict a User's access to this Site and any related services thereto.
b. Headings. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
c. Assignment. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
d. Additional Terms. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this Site, and you agree to abide by such other terms and conditions.
e. Severability. The provisions contained in these Terms shall be severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
f. Waiver. No failure on our part to exercise, and no delay in exercising, any right or remedy arising hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right or remedy arising hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy. Our waiver of any provision hereof shall not be deemed to constitute the waiver of any other provision hereof. All of our rights and remedies under these Terms shall be cumulative and not alternative.
g. Attorney's Fees. If we take any action to enforce these Terms, we will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which we may be entitled.
h. Modification. We may at any time modify these Terms, and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use. Accordingly, you agree to review these Terms periodically, and your continued access, use and/or posting on this Site shall be deemed your acceptance of, and agreement to, the changed Terms.
14. EXCLUSION OF WARRANTY, DISCLAIMER. YOU AGREE THAT YOUR USE THE SITE IS AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENT AND/OR MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. HOTEL HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS. HOTEL DOES NOT WARRANT THAT THE USE OF THIS SITE WILL BE UNINTERUPTED OR AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURED, OR ERROR FREE. NOR IS THIS SITE GUARANTEED TO BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY HOTEL WILL CREATE A WARRANTY OF ANY KIND, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
15. LIMITATION OF LIABILITY. IN NO EVENT SHALL HOTEL, ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR INJURY OR ANY EXPENSES OR DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS) RESULTING FROM OR IN ANY WAY CONNECTED TO:(A) YOUR USE OF THIS SITE; (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS, RSVPS OR TICKETING); OR (C) THE PERFORMANCE OR NON PERFORMANCE BY HOTEL OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE; EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY.
Some jurisdictions do not allow the exclusion of consequential or incidental damages, so some of the foregoing exclusions may not apply to you. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST HOTEL, ITS AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THE SITE AND/OR ANY RELATED PRODUCTS OR SERVICES.
IN THE EVENT HOTEL IS HELD LIABLE FOR ANY DAMAGES RELATED TO THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID FOR BY YOU THAT WERE NOT PROVIDED TO YOU. YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
16. Indemnification. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of these Terms or the documents incorporated by reference, or your violation of any law or the rights of a third party. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
17. Governing Law. Any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of California applicable to contracts entered into and to be performed entirely within the State of California. You hereby expressly agree to irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts located in the State of California. Los Angeles County for the purposes of any suit, action or other proceeding arising out of or based upon the Terms or the subject matter hereto. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
18. Contact Information. If you have any questions or concerns regarding these Terms or if you need further assistance with respect thereto, you may contact us using the information provided below. We will use our best efforts to respond to your questions or concerns promptly.
c/o Morning View Hotels - BHI, LLC.
9255 Sunset Boulevard, Suite Upper Penthouse
Mr. C Beverly Hills
Los Angeles, CA 90069
Tel.: (310)277 2800
Fax: (310) 203 9537