Terms & Conditions
Effective Date: December 15, 2023
This is a binding legal agreement ("Agreement"). Please read these terms of service carefully before using this website and/or mobile application. Our terms of service ("Terms") apply to all websites and mobile apps (collectively, the "Apps") of the hotel brands owned, licensed and operated by Beach House Properties, LLC and its affiliates and subsidiaries ("Beach House," "we," and "us").
By using the Apps, you agree to all the terms and conditions set forth below and to any additional terms and conditions, whether referenced or not. If you do not agree to these terms and conditions, please do not use the Apps and leave immediately. We may modify or remove portions of the Terms at any time without notice, and such changes will become effective immediately. Please check the Terms periodically for changes. Your continued use of the Apps following the posting of changes to our Terms of Service indicates your acceptance of those changes.
USE OF THE APPS
The Apps are not intended for minors. To use the services, you must be at least 18 years old and able to form legally binding contracts. Additional terms and conditions may apply to reservations, transactions, purchases, activities, or other uses on the Apps. You agree to comply with the Terms and any applicable additional terms. You warrant that you are authorized to make travel reservations and/or purchases for yourself or others. Only make legitimate reservations or purchases, not speculative, false, or fraudulent ones. We reserve the right to cancel or modify reservations if fraudulent or inappropriate activity is detected or if there was a mistake or an attempt to circumvent hotel policies.
You agree not to interfere with the proper working of the Apps or overload our infrastructure. You agree not to monitor, scrape, or copy the Apps without our consent. You agree not to post unlawful, infringing, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, or for any other purpose that is unlawful or prohibited by these Terms. You agree not to disrupt or impair the Apps' operation or use it in an offensive manner. We can revoke your access if you violate the Terms.
INTELLECTUAL PROPERTY
All copyright and other intellectual property rights in all images, text, sounds and other intellectual property (“IP”) are owned or licensed by Beach House Properties. You agree that you have no rights at all in the IP and that browsing and reproducing the IP is allowed for personal non-commercial uses only.
THIRD PARTY LINKS
The Apps may contain links to third-party websites for your convenience. We do not endorse or recommend these websites, and we are not responsible for their materials, services, or any related situations. Use discretion while browsing the Internet and using the Apps, as you may be directed to websites beyond our control. These websites may collect data, use cookies, and have content that you may find inappropriate. Your use of such websites is at your own risk, and we are not responsible for their practices, services, products, or content.
You must obtain express written consent from Beach House before linking your website or any third-party website to the Apps. Certain actions within the Apps may result in advertising from third parties, and these advertisers may send cookies that we do not control.
DISCLAIMERS
USING THE APPS AND TRANSMITTING INFORMATION THROUGH ELECTRONIC MEDIA, INCLUDING THE INTERNET, IS PUBLIC AND NOT PRIVATE. WE PROVIDE THE APPS AND INFORMATION "AS IS" WITHOUT ANY WARRANTY OF AVAILABILITY, ACCURACY, OR UNINTERRUPTED USE. WE ARE NOT RESPONSIBLE FOR MALICIOUS CODE OR UNAUTHORIZED ACCESS, AND YOU ARE RESPONSIBLE FOR YOUR DEVICE'S SECURITY. WE CANNOT GUARANTEE CONFIDENTIALITY OR PRIVACY OF COMMUNICATIONS OR INFORMATION TRANSMITTED THROUGH THE APPS OR LINKED WEBSITES/MOBILE APPS. WE DO NOT PROVIDE WARRANTIES OR RELY ON ANY ADVICE GIVEN. THE MATERIALS IN THE APPS ARE FOR GENERAL REFERENCE ONLY AND MAY NOT BE ACCURATE, COMPLETE, OR CONTINUOUSLY AVAILABLE. WE CANNOT GUARANTEE THE SECURITY OF ANY INFORMATION PROVIDED TO US OR THIRD PARTIES.
SUBMITTED CONTENT
We value customer feedback on the Apps and their associated products and services. However, we do not accept unsolicited creative ideas, suggestions, or materials. This policy is in place to avoid potential misunderstandings and similarities with others' creative work. Please refrain from sending us any unsolicited original creative materials. If we specifically request certain submissions or if you choose to send us creative ideas despite our request, those submissions will become our property and will not be held in confidence. We will not be liable for any use or disclosure of such submissions. By submitting such materials, you assign us any intellectual property rights and grant us the perpetual right to use them without compensation, for any purpose, commercial or otherwise.
INDEMNIFICATION
You agree to indemnify and hold Beach House Properties and its affiliated parties (collectively, the "Indemnified Parties") harmless from any claims, demands, liabilities, damages, fines, penalties, or costs of whatever nature (“Claims”) arising from this Agreement, the services or products provided by the Apps, or any act or omission by you. This includes Claims related to intellectual property infringement and is regardless of the negligence of the Indemnified Parties. If a Claim is made against the Indemnified Parties, they may require you to defend it at your expense. You must cooperate in the defense, and we reserve the right to assume control of the defense at our own expense.
LIMITATION OF LIABILITY
WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING LOST PROFITS, THAT RESULT FROM YOUR USE OR INABILITY TO USE THE APPS, REGARDLESS OF NEGLIGENCE. WE HAVE NO OBLIGATION TO UPDATE THE APPS. SUBJECT TO APPLICABLE LAWS, OUR TOTAL LIABILITY TO YOU IS LIMITED TO THE AMOUNT YOU PAID FOR ACCESSING THE APPS. IF YOU ARE DISSATISFIED, YOUR ONLY REMEDY IS TO STOP USING THE APPS. YOU AGREE THAT ANY CLAIM OR ACTION RELATED TO THE APPS MUST BE BROUGHT WITHIN ONE YEAR OF THE INITIAL OCCURRENCE.
CLASS ACTION WAIVER
YOU VOLUNTARILY AND KNOWINGLY WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS ARBITRATION, OR REPRESENTATIVE ACTION AGAINST US.
SEVERABILITY
If any part of the Terms is unenforceable, the rest of the Terms will remain in full force and effect, and the unenforceable part will be interpreted to reflect the original intentions of the parties.
JURISDICTION AND CHOICE OF LAW
The availability of products and services described in the Apps may vary by location. Users are responsible for complying with local laws. If using the Apps violates any applicable laws in your jurisdiction, you must exit immediately.
Disputes arising from this Agreement or the use of the Apps will be governed by the laws of the State of Massachusetts, U.S.A. Any legal action will be conducted in state or federal courts located in Boston, U.S.A., and you consent to their jurisdiction.
DIGITAL AGREEMENT
By using the Apps, you confirm that you have the legal authority to agree to this Agreement on behalf of yourself and the relevant member, buyer, or supplier. Your use of the Apps constitutes an electronic signature, recognized under the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA"). You acknowledge that this Agreement is an electronic record and is legally binding and enforceable under E-Sign, UETA, and the Uniform Computer Information Transactions Act.