THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Agreement Between User and www.magnoliahotels.com
Welcome to www.magnoliahotels.com. The www.magnoliahotels.com website (the “Site”) is comprised of various web pages operated by Stevens Holtze Corporation (“Magnolia Hotels”). www.magnoliahotels.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.magnoliahotels.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
By using this Site, you agree that you are at least 18 years of age and possess the legal authority to access and use the Site and the content, data, and information contained herein (collectively, the “Content”). You agree to be financially responsible for all of your use of the Site. You agree to supervise all usage by minors of this Site under your name or account. You also agree that the information provided by you or members of your household in using the Site is true and accurate. You agree that the reservations facilities of the Site shall only be used to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the reservation facilities of the Site may result in your being denied access to such facilities. The Site is an e-Commerce site. The purpose of magnoliahotels.com is to allow consumers to experience the Magnolia brand family.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.
Visiting www.magnoliahotels.com or sending emails to Magnolia Hotels constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Magnolia Hotels is not responsible for third party access to your account that results from theft or misappropriation of your account. Magnolia Hotels and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Magnolia Hotels does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.
Reservations must be cancelled before 4:00pm 48 hours prior to your arrival. Failure to cancel by this deadline will result in a penalty in the amount of one night’s room and occupancy tax charges. Certain rate plans may be subject to more stringent cancellation policies. If a reservation is subject to such a policy, this will be disclosed prior to confirmation of the reservation.
Links to Third Party Sites/Third-Party Services
www.magnoliahotels.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Magnolia Hotels and Magnolia Hotels is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Magnolia Hotels is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Magnolia Hotels of the site or any association with its operators. Without limiting the foregoing, Magnolia Hotels specifically disclaims any and all responsibility if such sites: (a) infringe any third party’s intellectual property rights; (b) are inaccurate, incomplete, or misleading; (c) are not merchantable or fit for a particular purpose; (d) do not provide adequate security and privacy; (e) contain viruses or other items of a destructive nature; or (f) are libelous or defamatory.
Certain services made available via www.magnoliahotels.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.magnoliahotels.com domain, you hereby acknowledge and consent that Magnolia Hotels may share such information and data with any third party with whom Magnolia Hotels has a contractual relationship to provide the requested product, service or functionality on behalf of www.magnoliahotels.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.magnoliahotels.com strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Magnolia Hotels that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You agree not to: (a) copy, display, modify, reproduce, or otherwise transfer any Content to any third party without the prior written permission of Magnolia Hotels; (b) interfere or disrupt networks connected to the Site; (c) use or attempt to use any device, software, or routine which interferes with the proper functioning of the Site or any transactions being offered through the Site; (d) transmit files, data, or other Content containing a computer virus, corrupted data, worms, “Trojan horses” or other instructions or design that would erase data or programming or cause the Site or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed; (e) deliver any communication to or through the Site which violates any local, state, provincial, federal, international, or other law; (f) deliver any communication to or through the Site that contains defamatory, libelous, abusive, or obscene material; or (g) deliver any communication to or through the Site that will infringe upon the rights of any third party.
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Magnolia Hotels or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Magnolia Hotels’ content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Magnolia Hotels and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. Nothing contained herein grants you any licenses, express or implied, to the intellectual property of Magnolia Hotels or our licensors except as expressly authorized by these Terms. The license granted herein does not include: (a) any resale or commercial use of the Site or its contents; (b) any collection and use of any hotel listings, descriptions, or prices; (c) any derivative use of the Site or its contents; or (d) any use of data mining, robots, or similar data gathering and extraction tools. Any rights not expressly granted herein are reserved.
Third Party Accounts
You will be able to connect your Magnolia Hotels account to third party accounts. By connecting your Magnolia Hotels account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Site is controlled, operated and administered by Magnolia Hotels from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Magnolia Hotels Content accessed through www.magnoliahotels.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. If you access the Site from outside the USA, you hereby agree and acknowledge that your information is being shared with a US company and are bound by these Terms.
You agree to indemnify, defend and hold harmless Magnolia Hotels, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Magnolia Hotels reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Magnolia Hotels in asserting any available defenses.
Arbitration; Dispute Resolution
DISPUTE RESOLUTION; ARBITRATION; CHOICE OF LAW
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
YOU AGREE THAT BY USING THE SITE OR, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST MAGNOLIA ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
IF YOU WISH TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, WITHIN 45 DAYS OF WHEN YOU FIRST USE THE SITE OR SUBMIT THROUGH THE SITE A REQUEST FOR INFORMATION, YOU MUST SEND US A LETTER STATING “REQUEST TO OPT-OUT OF AGREEMENT TO ARBITRATE” AT THE FOLLOWING ADDRESS:
Stevens Holtze Corporation
818 17th Street
Denver, Colorado 80202
In the event you opt out of the arbitration provision, you agree to litigate exclusively in the state or Federal courts in Denver, Colorado, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. These Terms will be governed by the laws of the State of Colorado, without giving effect to any principles of conflicts of laws.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MAGNOLIA HOTELS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MAGNOLIA HOTELS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MAGNOLIA HOTELS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “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.”.
IF YOU ARE ACCESSING THE SITE FROM NEW JERSEY, YOU (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SERVICE; AND (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE THE SERVICE PARTIES , AND THEIR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE SITE; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST THE SERVICE PARTIES FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF THE SITE PARTIES AND THEIR AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
Magnolia Hotels reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Magnolia Hotels as a result of this agreement or use of the Site. Magnolia Hotels’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Magnolia Hotels’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Magnolia Hotels with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Magnolia Hotels with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Magnolia Hotels with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Magnolia Hotels reserves the right, in its sole discretion, to change the Terms under which www.magnoliahotels.com is offered. The most current version of the Terms will supersede all previous versions. Magnolia Hotels encourages you to periodically review the Terms to stay informed of our updates.
Magnolia Hotels welcomes your questions or comments regarding the Terms:
Stevens Holtze Corporation
818 17th Street
Denver, Colorado 80202
Effective as of March 07, 2017